BILL ANALYSIS Ó AB 2872 Page 1 Date of Hearing: April 12, 2016 ASSEMBLY COMMITTEE ON JUDICIARY Mark Stone, Chair AB 2872 (Patterson) - As Amended April 5, 2016 PROPOSED CONSENT SUBJECT: ADOPTION KEY ISSUE: SHOULD VARIOUS LAWS BE CHANGED AND CLARIFIED TO BETTER FACILITATE ADOPTIONS IN CALIFORNIA? SYNOPSIS This is the Academy of California Adoption Lawyers' annual bill to help better facilitate adoptions in California. This non-controversial bill makes several changes to the adoption laws law. First, it clarifies who may conduct a stepparent adoption investigation and makes clear that if the stepparent is using a private investigator, then he or she does not have to pay the court an investigation fee for a public investigator. Second, the bill helps make the process for prospective adoptive parents to take home a drug-exposed newborn easier by requiring hospitals to complete a required form. Finally the bill ensures that specified investigators, whether court-order or statutorily required, are able to examine the relevant child's juvenile court case file. There is no opposition to this measure. SUMMARY: Makes changes to adoption processes. Specifically, AB 2872 Page 2 this bill: 1)Clarifies that the investigation required as part of a stepparent adoption may be, at the request of the adoption petitioner, completed by a licensed social worker or therapist or a private adoption agency, in which case the petitioner is not required to pay any investigation fees. Provides that if the petitioner does not request that a licensed social worker or therapist or a private adoption agency complete the investigation, the court may collect an investigation fee and assign a probation officer, court investigator or, if so authorized by the county board of supervisors, the county welfare department to complete the investigation. 2)Requires, at the request of a parent of a newborn, that appropriate hospital personnel complete a Health Facility Minor Release (HFMR) Report, which allows a hospital to release a minor to someone other than the parents, and provide copies of the report as specified. Provides that hospital personnel may not refuse to complete the report, even if the newborn is ineligible for release at that time. 3)Provides that a statutorily-authorized or court-appointed investigator, who is conducting an investigation a) as part of a stepparent adoption, b) as part of a court procedure to terminate parental rights in order to identify alleged fathers and presumed parents, or c) as part of a court procedure to free a child from parental custody and control, is authorized to inspect a juvenile court case file, provided that the investigator is acting within the scope of his or her investigative duties for an active case. EXISTING LAW: AB 2872 Page 3 1)Provides a streamlined procedure for a stepparent to adopt a stepchild. Requires an investigation of the proposed stepparent adoption to be prepared, as specified, by particular individuals, and payment of an investigation fee, but does not require a homestudy, unless the court orders otherwise. (Family Code Section 9000 et seq.) 2)Provides that a peace officer may, without warrant, take a minor who is in the hospital into temporary custody if release of the minor to a prospective adoptive parent or a representative of a licensed adoption agency poses an immediate danger to the child's health or safety. (Welfare & Institutions Code Section 305.6 (a).) 3)Notwithstanding #2), above, provides that a peace officer may not, without a warrant, take into custody a newborn who is in the hospital if, among other things, all of the following apply: a) The newborn or birth mother tested positive for illegal drugs. b) The newborn is the subject of a proposed adoption. c) An HFMR Report has been completed by the hospital and signed as required. Provides that the HFMR Report does not constitute consent to adoption or relinquishment of parental rights and that the birth parents may reclaim the child at any time, as provided. d) Release of the newborn to a prospective adoptive parent or an authorized representative of a licensed adoption agency does not pose an immediate danger to the child. AB 2872 Page 4 e) The prospective adoptive parents or the representative of a licensed adoption agency have provided the peace officer in the hospital seeking to take custody of the newborn with, among other things, a fully executed HFMR Report. (Welfare & Institutions Code Section 305.6 (b).) 4)Limits access to juvenile case files, as defined, to specified individuals and officials, including the child's parent or guardian, attorneys for the parties, court and state personnel, including law enforcement and child protective services, and school district officials. Allows a court-appointed investigator when acting within the scope of his or her duties in a guardianship case to inspect the juvenile court case file in that case. Prohibits any party authorized to inspect a dependency court case file from disseminating the file or its contents unless otherwise permitted. (Welfare and Institutions Code Section 827.) FISCAL EFFECT: As currently in print this bill is keyed fiscal. COMMENTS: This is the Academy of California Adoption Lawyers' annual bill to help better facilitate adoptions in California. This bill seeks to make three changes to the law. First, it clarifies who may conduct a stepparent adoption investigation and makes clear that if the stepparent is using a private investigator, then he or she does not have to pay the court an investigation fee for a public investigator. Second, the bill helps make the process for prospective adoptive parents to take home a drug-exposed newborn easier by requiring hospitals to complete a required form. Finally the bill ensures that specified investigators, whether court-order or statutorily required and generally used during the adoption process, are able to examine the relevant child's juvenile court case file. AB 2872 Page 5 Clarifies who may conduct a stepparent investigation. Adoption of a child by a stepparent generally is a more simple and streamlined process than that of a typical adoption. While an investigation is required, the more time consuming homestudy is generally not required. Under current law, specified individuals, including probation officers, court investigators, licensed clinical social workers and licensed marriage therapists and the county welfare agency, if authorized by the county board of supervisors, can conduct the stepparent investigation. The court may not make an order of adoption until after a report and recommendation on the stepparent adoption has been filed and considered by the court. The investigation is intended to assure the court that the adoption is in the child's best interest. According to the sponsor, some counties are misconstruing the language and requiring that a county employee do the investigation or requiring an investigative fee in all cases, even when a private investigator is used. This bill clarifies that a petitioner, at his or her option, may get the investigation performed by a licensed clinical social worker, a licensed marriage and family therapist or a private adoption agency. In this case, the bill provides that the court may not charge an investigation fee. If the petitioner does not elect to have a private entity perform the investigation, the court may then collect an investigation fee and may assign either a probation officer, a court investigator or, if so authorized by the county in which the adoption is pending, the county welfare department. This will ensure that a fee is only charged by the court when a public entity is doing the investigation. If the petitioner elects to use a private entity to conduct the investigation, the petitioner will pay the fee for that investigation directly to the private entity. Makes the process for prospective adoptive parents to take home a drug-exposed newborn easier. In 2002, a law was enacted to AB 2872 Page 6 prevent child protective services agencies from unnecessarily taking drug-exposed newborns from the hospital into the foster care system when an adoption plan was in place and an adoptive home was waiting for them. (AB 2279 (La Suer), Chap. 920, Stats. 2002.) Several pieces of legislation, most recently AB 973 (A. Strickland), Chap. 440, Stats. 2010, tried to correct implementation difficulties with the original bill, which required that the newborn be the subject of an adoption petition, but that document is generally not available until after the mother and child have been discharged from the hospital. The revised process allows the newborn to be released upon completion of a HFMR Report, developed by the Department of Social Services, which must be signed by a parent and the prospective adoptive parent or representative of a licensed adoption agency stating that the child is the subject of a proposed adoption; listing the names, identifying information and contact information for the newborn, the prospective adoptive parents and each birth parent, to the extent the information is known; and stating the adoptive parents' agreement to provide a conformed copy of the adoption request to the county child welfare agency within five days after filing. The HFMR Report includes information about adoption and child abandonment. The report must be completed, in part, by hospital personnel. According to the bill's sponsor, hospital personnel are not always cooperative in completing the required HFMR Report. If the hospital refuses to complete the Report, it may become impossible for prospective adoptive parents to take temporary custody of a drug-exposed baby at the hospital and keep the child out of the foster care system. This bill seeks to correct this problem by requiring that hospital personnel complete the report, even if the newborn is not yet ready for release. This should help ensure that, when the newborn is ready for release, the prospective adoptive parent may take the child home and avoid an unnecessary placement in foster care. AB 2872 Page 7 Expands the investigators who may inspect a juvenile case file. Juvenile court case files -- both dependency and delinquency files -- are closed to the public and may only be inspected by a limited group of individuals, including court personnel, attorneys in the case, and the juvenile's parents. Included in that list is a court-appointed investigator who is actively participating in guardianship cases and acting within the scope of his or her duties. This bill expands that list to allow a statutorily-authorized or court-appointed investigator who is investigating a stepparent adoption, attempting to find a parent for purposes of adoption, or investigating matters for purposes of emancipation of a child to inspect a juvenile court case file, provided the investigator is acting within the scope of his or her investigative duties for an active case. In each of these instances, the investigator likely cannot fully complete the investigation without reviewing the juvenile court case file. This bill allows for such review, but it is narrowly drafted to ensure that the review can only be made of the relevant case file when the investigator is acting within the scope of his or her duties relevant to that case. Moreover, because existing law prohibits any party authorized to inspect a juvenile court case file from disseminating the file or its contents unless otherwise permitted, the information in the file is protected. REGISTERED SUPPORT / OPPOSITION: Support Academy of California Adoption Lawyers/Academy of California Family Formation Lawyers (sponsor) AB 2872 Page 8 Opposition None on file Analysis Prepared by:Leora Gershenzon / JUD. / (916) 319-2334