Amended in Senate March 28, 2016

Senate Bill No. 1040

Introduced by Senator Hill

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(Coauthor: Assembly Member Mullin)

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February 12, 2016

An act begin delete to amend Section 8609 of, and end delete to add Chapter 9 (commencing with Section 9220) to Part 2 of Division 13 begin delete of, end delete begin insert of end insert the Family Code, relating to children.

LEGISLATIVE COUNSEL’S DIGEST

SB 1040, as amended, Hill. begin delete Adoptions. end delete begin insert Adoptions: rehoming. end insert

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Existing law makes it a misdemeanor for a person or organization to advertise adoption services in any periodical or newspaper, by radio, or by other public medium, if the person or organization does not hold a valid license to place children for adoption.

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This bill would additionally make it a misdemeanor for these persons or organizations to advertise adoption services using an electronic means of communication, including, but not limited to, email, an Internet Web site, an Internet profile, or another computerized communication system. By expanding the scope of a crime, this bill would impose a state-mandated local program.

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Existing law regulates adoption services by the State Department of Social Services, county adoption agencies, licensed adoption agencies, and other adoption service providers and requires the department to adopt regulations pertaining to those services.

This bill would prohibit the begin delete rehoming end delete begin insert rehoming, as defined, end insert of an adopted begin delete child, as defined. end delete begin insert child. end insert The bill would also require the department to adopt regulations to ensure that postadoptive services are provided to adoptive parents who seek the assistance of the department.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete yes end delete begin insert no end insert .

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

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SECTION 1.  

Section 8609 of the Family Code is amended to
read:

8609.  

(a) Any person or organization that, without holding a
valid and unrevoked license to place children for adoption issued
by the department, advertises that he, she, or it will place children
for adoption, or accept, supply, provide, or obtain children for
adoption, or that causes any advertisement to be published
soliciting, requesting, or asking for any child or children for
adoption, using any of the following mediums, is guilty of a
misdemeanor:

(1) A periodical or newspaper, radio, or any other public
medium.

(2) An electronic means of communication, including, but not
limited to, email, an Internet Web site, an Internet profile, or
another computerized communication system.

(b) Any person, other than a birth parent, or any organization,
association, or corporation that, without holding a valid and
unrevoked license to place children for adoption issued by the
department, places any child for adoption is guilty of a
misdemeanor.

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begin delete SEC. 2. end delete

begin insert SECTION 1. end insert   

Chapter 9 (commencing with Section 9220) is
added to Part 2 of Division 13 of the Family Code, to read:

 

Chapter  9. begin delete Re-Homing end delete begin insert Rehoming end insert

 

9220.  

(a) An adoptive parent, an individual, or an entity having
custody of an adopted minor shall not rehome an adopted minor.

(b) For purposes of this chapter, “rehome” or “rehoming” means
an action taken to facilitate a transaction begin delete through electronic means
or otherwise end delete by an adoptive parent, an individual, or an entity
having custody of an adopted minor that is done with both of the
following:

(1) Without court approval.

(2) To avoid permanent parental responsibility by placing the
minor in the physical custody of another person or entity, except
as provided in subdivision (c).

(c) This section does not apply to any of the following:

(1) A child placed with a relative, as defined by paragraph (2)
of subdivision (c) of Section 361.3 of the Welfare and Institutions
Code.

(2) A child placed with a nonrelative extended family member,
as defined by Section 362.7 of the Welfare and Institutions Code.

(3) Temporary placement of a minor by a parent, individual, or
entity for a designated short-term period with a specified intent
and time period for return of the minor, if the temporary placement
is due to a vacation or a school-sponsored function or activity or
the incarceration, military service, medical treatment, or incapacity
of a parent or guardian.

9221.  

In order to address and begin delete present end delete begin insert prevent end insert circumstances
in which an adoptive parent, individual, or entity having custody
of an adopted minor seeks to rehome an adopted minor, the State
Department of Social Services shall adopt regulations to ensure
that postadoptive services are provided to adoptive parents who
seek the assistance of the department.

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SEC. 3.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

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