Amended in Senate June 6, 2016

Amended in Assembly April 5, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2872

Introduced by Assembly Member Patterson

February 19, 2016

An act to amend Section 9001 of the Family Code, and to amend Sections 305.6 and 827 of the Welfare and Institutions Code, relating to children.

LEGISLATIVE COUNSEL’S DIGEST

AB 2872, as amended, Patterson. Children.

(1) Existing law prohibits a peace officer from taking into temporary custody, without a warrant, a minor who is in a hospital if specified conditions exist, including that the minor is a newborn who tested positive for illegal drugs or whose birth mother tested positive for illegal drugs or the minor is the subject of a proposed adoption and a Health Facility Minor Release Report has been completed by the hospital, as specified.

This bill would require the appropriate hospital personnel to complete a Health Facility Minor Release Report and provide copies to specified parties upon request by a parent.

(2) Existing law authorizes specified persons to inspect a juvenile case file, including a court-appointed investigator who is actively participating in a guardianship case involving a minor, as specified, and acting within the scope of his or her duties in that case.

This bill would additionally permit a statutorily authorized or court-appointed investigator who is conducting specified investigations relating to children, including stepparent adoptions, to inspect a juvenile case file.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 9001 of the Family Code is amended to
read:

9001.  

(a) Except as provided in Section 9000.5, before granting
or denying a stepparent adoption request, the court shall review
and consider a written investigative report. The report in a
stepparent adoption case shall not require a home study unless so
ordered by the court upon request of an investigator or interested
person, or on the court’s own motion. “Home study” as used in
this section means a physical investigation of the premises where
the child is residing.

(b) At the time of filing the adoption request, the petitioner shall
inform the court in writing if the petitioner is electing to have the
investigation and written report completed by a licensed clinical
social worker, a licensed marriage and family therapist, or a private
licensed adoption agency, in which cases the petitioner shall not
be required to pay any investigation fee pursuant to Section 9002
at the time of filing, but shall pay these fees directly to the
investigator. Absent that notification, the court may, at the time
of filing, collect an investigation fee pursuant to Section 9002, and
may assign one of the following to complete the investigation: a
probation officer, a qualified court investigator, or the county
welfare department, if so authorized by the board of supervisors
of the county where the action is pending.

(c) If a private licensed adoption agency conducts the
investigation, it shall assign the investigation to a licensed clinical
social worker or licensed marriage and family therapist associated
with the agency. Any grievance regarding the investigation shall
be directed to the licensing authority of the clinical social worker
or marriage and family therapist, as applicable.

(d) Nothing in this section shall be construed to require the State
Department of Social Services to issue regulations for stepparent
adoptions.

SEC. 2.  

Section 305.6 of the Welfare and Institutions Code is
amended to read:

305.6.  

(a) Any peace officer may, without a warrant, take into
temporary custody a minor who is in a hospital if the release of
the minor to a prospective adoptive parent or a representative of
a licensed adoption agency poses an immediate danger to the
minor’s health or safety.

(b) Notwithstanding subdivision (a) and Section 305, a peace
officer shall not, without a warrant, take into temporary custody
a minor who is in a hospital if all of the following conditions exist:

(1) The minor is a newborn who tested positive for illegal drugs
or whose birth mother tested positive for illegal drugs.

(2)  begin delete (A) end delete begin delete   end delete The minor is the subject of a proposed adoption and a
Health Facility Minor Release Report, developed by the
department, has been completed by the hospital, including the
marking of the boxes applicable to an independent adoption or
agency adoption planning, and signed by the placing birth parent
or birth parents, as well as either the prospective adoptive parent
or parents or an authorized representative of a licensed adoption
agency, prior to the discharge of the birth parent or the minor from
the hospital. begin delete Prior to signing the Health Facility Minor Release
Report, the birth parent or parents shall be given a end delete begin insert The Health
Facility Minor Release Report shall include a end insert notice written in at
least 14-point pica type, containing substantially all of the
following statements:

begin delete

(i)

end delete

begin insert (A) end insert  That the Health Facility Minor Release Report does not
constitute consent to adoption of the minor by the prospective
adoptive parent or parents, or any other person.

begin delete

(ii)

end delete

begin insert (B) end insert  That the Health Facility Minor Release Report does not
constitute a relinquishment of parental rights for the purposes of
adoption.

begin delete

(iii)

end delete

begin insert (C) end insert  That the birth parent or parents or any person authorized by
the birth parent or parents may reclaim the minor at any time from
the prospective adoptive parent or parents or any other person to
whom the minor was released by the hospital, as provided in
Section 8700, 8814.5, or 8815 of the Family Code.

begin delete

(B) The notice shall be signed by the birth parent or parents and
attached to the Health Facility Minor Release Report, a copy of
which shall be provided to the birth parent or parents by hospital
personnel at the time the form is completed.

end delete

(3) The release of the minor to a prospective adoptive parent or
parents or an authorized representative of a licensed adoption
agency does not pose an immediate danger to the minor.

(4) An attorney or an adoption agency has provided
documentation stating that he or she, or the agency, is representing
the prospective adoptive parent or parents for purposes of the
adoption. In the case of an independent adoption, as defined in
Section 8524 of the Family Code, the attorney or adoption agency
shall provide documentation stating that the prospective adoptive
parent or parents have been informed that the child may be eligible
for benefits provided pursuant to the Adoption Assistance Program,
as set forth in Chapter 2.1 (commencing with Section 16115) of
Part 4 of Division 9, only if, at the time the adoption request is
filed, the child has met the requirements to receive federal
supplemental security income benefits pursuant to Subchapter XVI
(commencing with Section 1381) of Chapter 7 of Title 42 of the
United States Code, as determined and documented by the federal
Social Security Administration.

(5) The prospective adoptive parent or parents or their
representative, or an authorized representative of a licensed
adoption agency, provides all of the following to the peace begin delete officer
who seeks to take the minor into temporary custody: end delete begin insert officer: end insert

(A) A fully executed copy of the Health Facility Minor Release
Report.

(B) A written form signed by either the prospective adoptive
parent or parents or a representative of the licensed adoption
agency, which shall include all of the following:

(i) A statement that the minor is the subject of a proposed
adoption.

(ii) A declaration that the signer or signers will immediately
notify the county child welfare agency pursuant to Section 11165.9
of the Penal Code if the adoption plan is terminated for any reason,
and will not release the minor to the birth parent or parents or any
designee of the birth parent or parents until the county child welfare
agency or local law enforcement agency completes an investigation
and determines that release of the minor to the birth parent or
parents or a designee of the birth parent or parents will not create
an immediate risk to the health or safety of the minor.

(iii) An agreement to provide a conformed copy of the adoption
request or guardianship petition to the county child welfare agency
within five business days after filing.

(iv) The names, identifying information, and contact information
for the minor, for each prospective adoptive parent, and for each
birth parent, to the extent that information is known. In the case
of an agency adoption where no prospective adoptive parent or
parents are identified at the time of the minor’s release from the
hospital, the licensed adoption agency may provide the information
as it pertains to the licensed or certified foster home into which
the agency intends to place the minor.

(c) (1) In every independent adoption proceeding under this
section, the prospective adoptive parent or parents shall file with
the court either an adoption request within 10 working days after
execution of an adoption placement agreement, or a guardianship
petition within 30 calendar days after the child’s discharge from
the hospital, whichever is earlier.

(2) If the adoption plan for a minor who was released from the
hospital pursuant to subdivision (b) is terminated for any reason,
the prospective adoptive parent or parents or licensed adoption
agency shall immediately notify the county child welfare agency.
The prospective adoptive parent or parents or licensed adoption
agency may not release the minor into the physical custody of the
birth parent or parents, or any designee of the birth parent or
parents, until the county child welfare agency or local law
enforcement agency completes an investigation and determines
that release of the minor to the birth parent or parents or a designee
of the birth parent or parents will not create an immediate risk to
the health or safety of the minor.

(d) Upon request begin delete by a parent end delete begin insert by a birth parent or parents end insert of the
minor newborn, the appropriate hospital personnel shall complete
a Health Facility Minor Release Report and provide copies of the
report to begin delete all parties listed in subparagraph (B) of paragraph (1) of
subdivision (b). end delete begin insert the birth parent or parents, and the person or
persons who will receive physical custody of the child upon
discharge. end insert Hospital personnel shall not refuse to complete a Health
Facility Minor Release Report for any reason, even if the minor
is ineligible for release at that time. begin insert However, nothing in this
section shall be construed to require hospital personnel to release
a minor contrary to the directives of a child welfare agency. end insert

(e) Nothing in this section is intended to create a duty that
requires law enforcement to investigate the prospective adoptive
parent or parents.

SEC. 3.  

Section 827 of the Welfare and Institutions Code is
amended to read:

827.  

(a) (1) Except as provided in Section 828, a case file
may be inspected only by the following:

(A) Court personnel.

(B) The district attorney, a city attorney, or city prosecutor
authorized to prosecute criminal or juvenile cases under state law.

(C) The minor who is the subject of the proceeding.

(D)  The minor’s parents or guardian.

(E) The attorneys for the parties, judges, referees, other hearing
officers, probation officers, and law enforcement officers who are
actively participating in criminal or juvenile proceedings involving
the minor.

(F) The county counsel, city attorney, or any other attorney
representing the petitioning agency in a dependency action.

(G) The superintendent or designee of the school district where
the minor is enrolled or attending school.

(H) Members of the child protective agencies as defined in
Section 11165.9 of the Penal Code.

(I) The State Department of Social Services, to carry out its
duties pursuant to Division 9 (commencing with Section 10000),
and Part 5 (commencing with Section 7900) of Division 12, of the
Family Code to oversee and monitor county child welfare agencies,
children in foster care or receiving foster care assistance, and
out-of-state placements, Section 10850.4, and paragraph (2).

(J) Authorized legal staff or special investigators who are peace
officers who are employed by, or who are authorized
representatives of, the State Department of Social Services, as
necessary to the performance of their duties to inspect, license,
and investigate community care facilities, and to ensure that the
standards of care and services provided in those facilities are
adequate and appropriate and to ascertain compliance with the
rules and regulations to which the facilities are subject. The
confidential information shall remain confidential except for
purposes of inspection, licensing, or investigation pursuant to
Chapter 3 (commencing with Section 1500) and Chapter 3.4
(commencing with Section 1596.70) of Division 2 of the Health
and Safety Code, or a criminal, civil, or administrative proceeding
in relation thereto. The confidential information may be used by
the State Department of Social Services in a criminal, civil, or
administrative proceeding. The confidential information shall be
available only to the judge or hearing officer and to the parties to
the case. Names that are confidential shall be listed in attachments
separate to the general pleadings. The confidential information
shall be sealed after the conclusion of the criminal, civil, or
administrative hearings, and may not subsequently be released
except in accordance with this subdivision. If the confidential
information does not result in a criminal, civil, or administrative
proceeding, it shall be sealed after the State Department of Social
Services decides that no further action will be taken in the matter
of suspected licensing violations. Except as otherwise provided in
this subdivision, confidential information in the possession of the
State Department of Social Services may not contain the name of
the minor.

(K) Members of children’s multidisciplinary teams, persons, or
agencies providing treatment or supervision of the minor.

(L) A judge, commissioner, or other hearing officer assigned
to a family law case with issues concerning custody or visitation,
or both, involving the minor, and the following persons, if actively
participating in the family law case: a family court mediator
assigned to a case involving the minor pursuant to Article 1
(commencing with Section 3160) of Chapter 11 of Part 2 of
Division 8 of the Family Code, a court-appointed evaluator or a
person conducting a court-connected child custody evaluation,
investigation, or assessment pursuant to Section 3111 or 3118 of
the Family Code, and counsel appointed for the minor in the family
law case pursuant to Section 3150 of the Family Code. Prior to
allowing counsel appointed for the minor in the family law case
to inspect the file, the court clerk may require counsel to provide
a certified copy of the court order appointing him or her as the
minor’s counsel.

(M) When acting within the scope of investigative duties of an
active case, a statutorily authorized or court-appointed investigator
who is conducting an investigation pursuant to Section 7663, 7851,
or 9001 of the Family Code, or who is actively participating in a
guardianship case involving a minor pursuant to Part 2
(commencing with Section 1500) of Division 4 of the Probate
Code and acting within the scope of his or her duties in that case.

(N) A local child support agency for the purpose of establishing
paternity and establishing and enforcing child support orders.

(O) Juvenile justice commissions as established under Section
225. The confidentiality provisions of Section 10850 shall apply
to a juvenile justice commission and its members.

(P) Any other person who may be designated by court order of
the judge of the juvenile court upon filing a petition.

(2) (A) Notwithstanding any other law and subject to
subparagraph (A) of paragraph (3), juvenile case files, except those
relating to matters within the jurisdiction of the court pursuant to
Section 601 or 602, that pertain to a deceased child who was within
the jurisdiction of the juvenile court pursuant to Section 300, shall
be released to the public pursuant to an order by the juvenile court
after a petition has been filed and interested parties have been
afforded an opportunity to file an objection. Any information
relating to another child or which could identify another child,
except for information about the deceased, shall be redacted from
the juvenile case file prior to release, unless a specific order is
made by the juvenile court to the contrary. Except as provided in
this paragraph, the presiding judge of the juvenile court may issue
an order prohibiting or limiting access to the juvenile case file, or
any portion thereof, of a deceased child only upon a showing by
a preponderance of evidence that release of the juvenile case file
or any portion thereof is detrimental to the safety, protection, or
physical or emotional well-being of another child who is directly
or indirectly connected to the juvenile case that is the subject of
the petition.

(B) This paragraph represents a presumption in favor of the
release of documents when a child is deceased unless the statutory
reasons for confidentiality are shown to exist.

(C) If a child whose records are sought has died, and documents
are sought pursuant to this paragraph, no weighing or balancing
of the interests of those other than a child is permitted.

(D) A petition filed under this paragraph shall be served on
interested parties by the petitioner, if the petitioner is in possession
of their identity and address, and on the custodian of records. Upon
receiving a petition, the custodian of records shall serve a copy of
the request upon all interested parties that have not been served
by the petitioner or on the interested parties served by the petitioner
if the custodian of records possesses information, such as a more
recent address, indicating that the service by the petitioner may
have been ineffective.

(E) The custodian of records shall serve the petition within 10
calendar days of receipt. If any interested party, including the
custodian of records, objects to the petition, the party shall file and
serve the objection on the petitioning party no later than 15
calendar days of service of the petition.

(F) The petitioning party shall have 10 calendar days to file any
reply. The juvenile court shall set the matter for hearing no more
than 60 calendar days from the date the petition is served on the
custodian of records. The court shall render its decision within 30
days of the hearing. The matter shall be decided solely upon the
basis of the petition and supporting exhibits and declarations, if
any, the objection and any supporting exhibits or declarations, if
any, and the reply and any supporting declarations or exhibits
thereto, and argument at hearing. The court may solely upon its
own motion order the appearance of witnesses. If no objection is
filed to the petition, the court shall review the petition and issue
its decision within 10 calendar days of the final day for filing the
objection. Any order of the court shall be immediately reviewable
by petition to the appellate court for the issuance of an
extraordinary writ.

(3) Access to juvenile case files pertaining to matters within the
jurisdiction of the juvenile court pursuant to Section 300 shall be
limited as follows:

(A) If a juvenile case file, or any portion thereof, is privileged
or confidential pursuant to any other state law or federal law or
regulation, the requirements of that state law or federal law or
regulation prohibiting or limiting release of the juvenile case file
or any portions thereof shall prevail. Unless a person is listed in
subparagraphs (A) to (O), inclusive, of paragraph (1) and is entitled
to access under the other state law or federal law or regulation
without a court order, all those seeking access, pursuant to other
authorization, to portions of, or information relating to the contents
of, juvenile case files protected under another state law or federal
law or regulation, shall petition the juvenile court. The juvenile
court may only release the portion of, or information relating to
the contents of, juvenile case files protected by another state law
or federal law or regulation if disclosure is not detrimental to the
safety, protection, or physical or emotional well-being of a child
who is directly or indirectly connected to the juvenile case that is
the subject of the petition. This paragraph shall not be construed
to limit the ability of the juvenile court to carry out its duties in
conducting juvenile court proceedings.

(B) Prior to the release of the juvenile case file or any portion
thereof, the court shall afford due process, including a notice of
and an opportunity to file an objection to the release of the record
or report to all interested parties.

(4) A juvenile case file, any portion thereof, and information
relating to the content of the juvenile case file, may not be
disseminated by the receiving agencies to any persons or agencies,
other than those persons or agencies authorized to receive
documents pursuant to this section. Further, a juvenile case file,
any portion thereof, and information relating to the content of the
juvenile case file, may not be made as an attachment to any other
documents without the prior approval of the presiding judge of the
juvenile court, unless it is used in connection with and in the course
of a criminal investigation or a proceeding brought to declare a
person a dependent child or ward of the juvenile court.

(5) Individuals listed in subparagraphs (A), (B), (C), (D), (E),
(F), (H), and (I) of paragraph (1) may also receive copies of the
case file. In these circumstances, the requirements of paragraph
(4) shall continue to apply to the information received.

(b) (1) While the Legislature reaffirms its belief that juvenile
court records, in general, should be confidential, it is the intent of
the Legislature in enacting this subdivision to provide for a limited
exception to juvenile court record confidentiality to promote more
effective communication among juvenile courts, family courts,
law enforcement agencies, and schools to ensure the rehabilitation
of juvenile criminal offenders as well as to lessen the potential for
drug use, violence, other forms of delinquency, and child abuse.

(2) (A) Notwithstanding subdivision (a), written notice that a
minor enrolled in a public school, kindergarten to grade 12,
inclusive, has been found by a court of competent jurisdiction to
have committed any felony or any misdemeanor involving curfew,
gambling, alcohol, drugs, tobacco products, carrying of weapons,
a sex offense listed in Section 290 of the Penal Code, assault or
battery, larceny, vandalism, or graffiti shall be provided by the
court, within seven days, to the superintendent of the school district
of attendance. Written notice shall include only the offense found
to have been committed by the minor and the disposition of the
minor’s case. This notice shall be expeditiously transmitted by the
district superintendent to the principal at the school of attendance.
The principal shall expeditiously disseminate the information to
those counselors directly supervising or reporting on the behavior
or progress of the minor. In addition, the principal shall disseminate
the information to any teacher or administrator directly supervising
or reporting on the behavior or progress of the minor whom the
principal believes needs the information to work with the pupil in
an appropriate fashion, to avoid being needlessly vulnerable or to
protect other persons from needless vulnerability.

(B) Any information received by a teacher, counselor, or
administrator under this subdivision shall be received in confidence
for the limited purpose of rehabilitating the minor and protecting
students and staff, and shall not be further disseminated by the
teacher, counselor, or administrator, except insofar as
communication with the juvenile, his or her parents or guardians,
law enforcement personnel, and the juvenile’s probation officer
is necessary to effectuate the juvenile’s rehabilitation or to protect
students and staff.

(C) An intentional violation of the confidentiality provisions of
this paragraph is a misdemeanor punishable by a fine not to exceed
five hundred dollars ($500).

(3) If a minor is removed from public school as a result of the
court’s finding described in subdivision (b), the superintendent
shall maintain the information in a confidential file and shall defer
transmittal of the information received from the court until the
minor is returned to public school. If the minor is returned to a
school district other than the one from which the minor came, the
parole or probation officer having jurisdiction over the minor shall
so notify the superintendent of the last district of attendance, who
shall transmit the notice received from the court to the
superintendent of the new district of attendance.

(c) Each probation report filed with the court concerning a minor
whose record is subject to dissemination pursuant to subdivision
(b) shall include on the face sheet the school at which the minor
is currently enrolled. The county superintendent shall provide the
court with a listing of all of the schools within each school district,
within the county, along with the name and mailing address of
each district superintendent.

(d) (1) Each notice sent by the court pursuant to subdivision
(b) shall be stamped with the instruction: “Unlawful Dissemination
Of This Information Is A Misdemeanor.” Any information received
from the court shall be kept in a separate confidential file at the
school of attendance and shall be transferred to the minor’s
subsequent schools of attendance and maintained until the minor
graduates from high school, is released from juvenile court
jurisdiction, or reaches the age of 18 years, whichever occurs first.
After that time the confidential record shall be destroyed. At any
time after the date by which a record required to be destroyed by
this section should have been destroyed, the minor or his or her
parent or guardian shall have the right to make a written request
to the principal of the school that the minor’s school records be
reviewed to ensure that the record has been destroyed. Upon
completion of any requested review and no later than 30 days after
the request for the review was received, the principal or his or her
designee shall respond in writing to the written request and either
shall confirm that the record has been destroyed or, if the record
has not been destroyed, shall explain why destruction has not yet
occurred.

(2) Except as provided in paragraph (2) of subdivision (b), no
liability shall attach to any person who transmits or fails to transmit
any notice or information required under subdivision (b).

(e) For purposes of this section, a “juvenile case file” means a
petition filed in any juvenile court proceeding, reports of the
probation officer, and all other documents filed in that case or
made available to the probation officer in making his or her report,
or to the judge, referee, or other hearing officer, and thereafter
retained by the probation officer, judge, referee, or other hearing
officer.

(f) The persons described in subparagraphs (A), (E), (F), (H),
(K), (L), (M), and (N) of paragraph (1) of subdivision (a) include
persons serving in a similar capacity for an Indian tribe, reservation,
or tribal court when the case file involves a child who is a member
of, or who is eligible for membership in, that tribe.