BILL ANALYSIS Ó
AB 2872
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CONCURRENCE IN SENATE AMENDMENTS
AB
2872 (Patterson)
As Amended August 4, 2016
Majority vote
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|ASSEMBLY: |79-0 |(May 5, 2016) |SENATE: | 38-0 |(August 15, |
| | | | | |2016) |
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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
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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
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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
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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