BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 848| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 848 Author: Patterson (R) Amended: 7/2/13 in Senate Vote: 21 SENATE JUDICIARY COMMITTEE : 6-0, 6/4/13 AYES: Evans, Anderson, Corbett, Jackson, Leno, Monning NO VOTE RECORDED: Walters SENATE APPROPRIATIONS COMMITTEE : 5-0, 8/12/13 AYES: De León, Gaines, Hill, Lara, Steinberg NO VOTE RECORDED: Walters, Padilla ASSEMBLY FLOOR : 75-0, 4/8/13 (Consent) - See last page for vote SUBJECT : Adoption SOURCE : Academy of California Adoption Lawyers DIGEST : This bill makes several changes to adoption processes and adoptive placement considerations. This bill clarifies when a birth parents waiver of the right to revoke consent to an adoption is void or able to be rescinded, and clarifies that an abbreviated home study assessment may only be used for specified individuals. ANALYSIS : 1.Existing law specifies how a birth parent may relinquish a child for adoption, and allows a parent to revoke the CONTINUED AB 848 Page 2 relinquishment within 10 days of the relinquishment for agency adoptions and within 30 days for independent adoptions. Existing law allows birth parents, either going through an independent adoption or utilizing an agency adoption, to waive their right to revoke relinquishment of their child for adoption by signing the waiver in the presence of: (1) a representative of DSS, or the delegated county adoption agency; or (2) if the birth parents are represented by independent legal counsel, a judicial officer, adoption service provider, or agency representative. This bill clarifies that a birth parent's waiver of the right to revoke the relinquishment for adoption is void if the relinquishment is determined to be invalid, the relinquishment is revoked during any holding period specified in writing, or the relinquishment is rescinded, as specified. This bill provides that these provisions do not limit the birth parent's right to rescind the relinquishment. 2.Existing law provides that a waiver signed in front of a judicial officer or the department is final and irrevocable at the time the waiver is signed. Waivers signed in the presence of an authorized representative of a private licensed adoption agency shall become final and irrevocable at the close of the next business day. This bill clarifies that, in an agency adoption, if a birth parent waives the right to revoke the relinquishment for adoption, the relinquishment becomes final and irrevocable at the close of the next business day after (1) date it was signed, (2) or the expiration of any holding period specified in writing. 3.Existing law requires DSS or delegated county adoption agency to ascertain whether a proposed adoptive home is suitable for the child. Existing law further requires DSS or agency submit to the court a full report of the facts found in studying a prospective adoptive home. Existing law authorizes DSS, county adoption agency, or licensed adoption agency to order an abbreviated home study for prospective adoptive parents who are already foster parents or relative caregivers to the child, as specified. CONTINUED AB 848 Page 3 This bill clarifies that unless ordered otherwise by a court, DSS or the licensed adoption agency overseeing the adoption may do an abbreviated home study for the following individuals: 1. A licensed foster parent with whom the child has lived for at least six months; 2. An approved relative caregiver or non-related extended family member with whom the child has had an ongoing and significant relationship; 3. A court-appointed relative guardian who has had physical custody of the child for at least one year and has been investigated and approved under the guardianship process; or 4. A prospective adoptive parent who has completed an agency-supervised adoption within the last two years. This bill requires, as part of the abbreviated home study, a review by DSS, county adoption agency, or licensed adoption agency of all previous guardianship investigation reports, home study assessments, and pre-placement evaluations of each applicant. Background Every year, the Academy of California Adoption Lawyers (ACAL) seeks to clarify or modify provisions in the Family and related codes which they have identified as having either technical errors or as being the basis for conflicting court rulings that could potentially prolong the adoption process. Accordingly, this bill, sponsored by ACAL, makes various clarifying changes related to adoption, including clarifying when a birth parent's waiver of the right to revoke consent to an adoption is void or able to be rescinded, and clarifying the law surrounding eligibility for an abbreviated home study assessment. Prior Legislation AB 1757 (Fletcher, Chapter 638, Statutes of 2012) clarified the probate court's role when a child in a guardianship proceeding CONTINUED AB 848 Page 4 may fall within the jurisdiction of the dependency court, authorized birth parents to waive their right to revoke consent in agency adoptions, and consolidated venue provisions for adoption petitions into one code section. AB 687 (Fletcher, Chapter 462, Statutes of 2011) streamlined the process for determining parent-child relationships, and made other technical and substantive changes to adoption laws. AB 2020 (Fletcher, Chapter 588, Statutes of 2010) streamlined the process for determining parent-child relationships and made other substantive and technical changes to adoption laws. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No According to the Senate Appropriations Committee: Minor, absorbable administrative costs to the DSS, as the provisions codify existing regulations with regard to home study processes. Potential minor net fee revenue loss of less than $50,000 (General Fund) per year due to authorizing a broader class of lower income prospective adoptive parents eligibility for a reduced fee home study. It is assumed the full cost fee would have otherwise been cost prohibitive to some lower income prospective parents. Removing this financial barrier could result in a greater number of adoptive parents, offsetting the impact of the reduced fee. SUPPORT : (Verified 8/13/13) Academy of California Adoption Lawyers (source) County of San Diego County Welfare Directors Association of California ARGUMENTS IN SUPPORT : According to the author's office, last year, legislation was passed regarding a number of changes to clarify the law to assist those who wish to build their families through adoption. DSS requested further clarification on one CONTINUED AB 848 Page 5 item that was not amended in time to make it into the final version of the bill, and a second item for which some of the final wording was inadvertently omitted from the final draft of the bill. ASSEMBLY FLOOR : 75-0, 4/8/13 AYES: Achadjian, Allen, Ammiano, Atkins, Bigelow, Bloom, Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Cooley, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hernández, Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Maienschein, Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Pan, Patterson, Perea, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone, Ting, Torres, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, John A. Pérez NO VOTE RECORDED: Alejo, Conway, Lowenthal, Mansoor, Vacancy AL:d 8/14/13 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED