BILL ANALYSIS Ó SENATE JUDICIARY COMMITTEE Senator Hannah-Beth Jackson, Chair 2015-2016 Regular Session AB 2872 (Patterson) Version: June 6, 2016 Hearing Date: June 21, 2016 Fiscal: Yes Urgency: No NR SUBJECT Children DESCRIPTION This bill would make various changes related to adoption law including: clarifying who may conduct, and what fees are associated with, a stepparent adoption investigation; requiring hospital personnel to complete a Health Facility Minor Release Report and provide copies to specified parties upon request by a parent; and permitting a statutorily authorized or court-appointed investigator who is conducting specified investigations relating to children, including stepparent adoptions, to inspect a juvenile case file. 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, would make various changes related to adoption. CHANGES TO EXISTING LAW 1.Existing law establishes a procedure for a stepparent to adopt AB 2872 (Patterson) Page 2 of ? a stepchild and requires a probation officer, qualified court investigator, licensed clinical social worker, licensed marriage and family therapist, or licensed adoption agency to conduct investigation of the proposed stepparent adoption to be prepared, as specified, but does not require a homestudy, unless the court orders otherwise. (Fam. Code Sec. 9000 et seq.) This bill would clarify that the investigation required as part of a stepparent adoption may be at the request of the adoption petitioner, in which case the petitioner is not required to pay any investigation fees to the court. This bill would provide 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.Existing law 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. (Welf. & Inst. Code Sec. 305.6 (a).) Existing law provides, that notwithstanding the provision above, 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: the newborn or birth mother tested positive for illegal drugs; the newborn is the subject of a proposed adoption; an Health Facility Minor Release (HFMR) Report has been AB 2872 (Patterson) Page 3 of ? 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; 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; and 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).) This bill would require, at the request of a parent of a newborn, that appropriate hospital personnel complete a HFMR Report, which allows a hospital to release a minor to someone other than the parents, and provide copies of the report as specified. This bill would provide that hospital personnel may not refuse to complete the report, even if the newborn is ineligible for release at that time. 1.Existing law 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. Existing law allows a court-appointed investigator when acting within the scope of his or her duties in a guardianship case to inspect a juvenile court case file, and prohibits any party authorized to inspect a dependency court case file from disseminating the file or its contents unless otherwise permitted. (Welf. & Inst. Code Sec. 827.) This bill would provide that a statutorily-authorized or court-appointed investigator, who is conducting an investigation (1) as part of a stepparent adoption, (2) as AB 2872 (Patterson) Page 4 of ? part of a court procedure to terminate parental rights in order to identify alleged fathers and presumed parents, or (3) 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. COMMENT 1.Stated need for the bill According to the author: This bill promotes the welfare of children, the efficiency and statewide uniformity of court processes, and the fiscal well-being of state and local public entities, by remediating the problems set forth below. Section 1 - Modify Section 9001 to confirm and clarify the intent and purpose of previous amendments, so that petitioners in step-parent adoptions are allowed to fully utilize the existing, authorized alternatives for completing the mandatory investigation. Section 2 - Amend Section 305.6 to require hospital personnel to complete the necessary forms upon request. Delete references to the non-existent "notice" and add a reference to confirm the existing practice of including the notice language in the statutorily-mandated form. Section 3 - Amend Section 827 to ensure that court-appointed or statutorily-authorized investigators have access to juvenile court files for the limited purpose of completing designated investigations on behalf of the court. 2.Clarifies the stepparent adoption process 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, a homestudy is generally not. Specified individuals, including probation officers, court investigators, licensed clinical social workers, licensed marriage therapists, and sometimes the county welfare agency, can conduct a stepparent investigation. The court may not make AB 2872 (Patterson) Page 5 of ? 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 either 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 would clarify that if a petitioner instigates an investigation that is performed by a licensed clinical social worker, a licensed marriage and family therapist, or a private adoption agency, 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 should help ensure that a fee is only charged by the court when a public entity is conducting the investigation. 3.Modifies the process by which a birth parent releases her child to prospective adoptive parents In 2002, a law was enacted to 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. (AB 2279, La Suer, Ch. 920, Stats. 2002.) Several pieces of legislation, most recently AB 973 (A. Strickland, Ch. 440, Stats. 2010), tried to correct implementation difficulties with the original bill, which required that the newborn be the subject of an adoption petition, which is a document that 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 Health Facility Minor Release (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. The HFMR Report includes information about adoption and child abandonment, and must be completed, in part, by hospital personnel. According to the bill's sponsor, hospital personnel are not always cooperative in completing the HFMR Report. If the AB 2872 (Patterson) Page 6 of ? hospital refuses to complete the Report, it may become impossible for prospective adoptive parents to take temporary custody of a baby at the hospital and keep the child out of the foster care system. Accordingly, this would require that hospital personnel complete the report, even if the newborn is not yet ready for release. This may 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. 4.Expands the investigators who may inspect a juvenile case file. Juvenile court case 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 would expand 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 would allow 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. Support : None Known Opposition : None Known HISTORY Source : Academy of California Adoption Lawyers Related Pending Legislation : None Known Prior Legislation : AB 2872 (Patterson) Page 7 of ? AB 1049 (Patterson, Ch. 91, Stats. 2015) made several changes to adoption law including that a person's offer or refusal to sign a voluntary declaration of paternity shall not be determinative as to the issue of legal parentage. AB 1701 (Patterson, Ch. 763, Stats. 2014) made several changes to adoption processes and adoptive placement considerations including allowing a single petition to terminate parental rights to be filed for two or more siblings, or for a child with two or more alleged fathers. AB 848 (Patterson, Ch. 743, Stats. 2013) made several changes to adoption processes and adoptive placement considerations 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 that an abbreviated home study assessment may only be used for specified individuals. AB 687 (Fletcher, Ch. 462, Stats. 2011) streamlined the process for determining parent-child relationships, and made other technical and substantive changes to adoption laws. AB 2020 (Fletcher, Ch. 588, Stats. 2010) among other things, streamlined the process for determining parent-child relationships and made other substantive and technical changes to adoption laws. Prior Vote : Assembly Floor (Ayes 79, Noes 0) Assembly Appropriations Committee (Ayes 19, Noes 0) Assembly Judiciary Committee (Ayes 10, Noes 0) **************