BILL ANALYSIS Ó AB 2872 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2872 (Patterson) As Amended August 4, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |79-0 |(May 5, 2016) |SENATE: | 38-0 |(August 15, | | | | | | |2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: JUD. SUMMARY: Makes changes to adoption processes. Specifically, 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 birth parent of a newborn, that AB 2872 Page 2 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. 4)Adds chaptering out language for AB 1945 (Mark Stone) of the current legislative session. The Senate amendments make minor, technical changes to the HFMR requirement and add chaptering out language. EXISTING LAW: 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 AB 2872 Page 3 immediate danger to the child's health or safety. (Welfare & Institutions Code Section (WIC) 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. 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. (WIC 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 AB 2872 Page 4 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. (WIC 827.) FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs. 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. Analysis Prepared by: Leora Gershenzon / JUD. / (916) 319-2334 FN: 0003885