Amended in Senate April 26, 2016

Amended in Senate March 28, 2016

Senate BillNo. 1040


Introduced by Senator Hill

(Coauthor: Assembly Member Mullin)

February 12, 2016


An act to add Chapter 9 (commencing with Section 9220) to Part 2 of Division 13 of the Family Code, relating to children.

LEGISLATIVE COUNSEL’S DIGEST

SB 1040, as amended, Hill. Adoptions: rehoming.

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.

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This bill would prohibit the rehoming, as defined, of an adopted child. 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 bill would authorize an adoptive parent, individual, or entity having custody of an adopted minor to rehome, as defined, that minor if specified requirements are met. The bill would require the State Department of Social Services, in consultation with specified individuals and entities, to establish a working group to review the challenges facing families with adopted and special needs children, to identify resources within the community that will assist families with these challenges, and to make recommendations to the Legislature as to the services that may be helpful to these families. The bill would require the working group to meet no later than June 1, 2017, and would require the working group’s recommendations to be submitted in a report to the appropriate policy committees of the Legislature on or before June 1, 2018.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertChapter 9 (commencing with Section 9220) is
2added to Part 2 of Division 13 of the end insert
begin insertFamily Codeend insertbegin insert, to read:end insert

begin insert

3 

4Chapter  begin insert9.end insert Rehoming
5

 

6

begin insert9220.end insert  

(a) For purposes of this chapter, “rehome” or
7“rehoming” means an action taken to provide a new, permanent
8home for an adopted minor with a person or persons other than
9the adoptive parents, except as provided in subdivision (c).

10
(b) An adoptive parent, individual, or entity having custody of
11an adopted minor may rehome that minor only if both of the
12following requirements are met:

13
(1) The adoptive parent, individual, or entity having custody of
14the minor and the prospective parent or guardian both obtain
15independent counsel within 60 days of placing the minor in the
16physical custody of the prospective parent or guardian.

17
(2) The adoptive parent, individual, or entity having custody of
18the minor initiates a lawful guardianship or adoption proceeding
19within 90 days of placing the minor in the physical custody of the
20prospective parent or guardian, consistent with the requirements
21of Division 4 (commencing with Section 1400) of the Probate Code
22or Division 13 (commencing with Section 8500) of the Family
23Code.

24
(c) This section does not apply to either of the following:

25
(1) A child placed with a relative, as defined by paragraph (2)
26of subdivision (c) of Section 361.3 of the Welfare and Institutions
27Code.

28
(2) Temporary placement of a minor by a parent, individual,
29or entity for a designated short-term period with a specified intent
30and time period for return of the minor, if the temporary placement
31is due to a vacation or a school-sponsored function or activity or
P3    1the incarceration, military service, medical treatment, or incapacity
2of a parent or guardian.

3

begin insert9221.end insert  

(a) The Legislature acknowledges that adoptive families
4often face special challenges. This is particularly true in the case
5of international adoptions, adoptions of special needs children,
6and adoptions of dependent children who often have experienced
7abuse, neglect, and multiple placements. The Legislature finds and
8declares that it is the public policy of the State of California to
9assist adoptive families and adopted children, and intends this
10section to ensure that these families receive the support needed to
11maintain the family unit, and when necessary, find new, permanent
12homes for youth.

13
(b) (1) In order to address and prevent the circumstances in
14which an adoptive parent, individual, or entity having custody of
15 an adopted minor seeks to rehome the minor, the State Department
16of Social Services shall, in consultation with child advocacy
17organizations, attorneys specializing in adoption and
18guardianships, the Judicial Council, foster caregiver organizations,
19and individuals with expertise in the area of positive youth
20development, establish a working group to review the challenges
21facing families with adopted and special needs children, to identify
22resources within the community that will assist families with these
23challenges, and to make recommendations to the Legislature as
24to the services that may be helpful to these families.

25
(2) In developing the recommendations, the working group shall
26consider all of the following:

27
(A) The specific challenges facing the following families:
28families with special needs children, families with children adopted
29through the foster care system, and families with internationally
30adopted children.

31
(B) The distinct resources that are available to the different
32types of families specified in subparagraph (A), and whether any
33of the resources available to one type of family would also be
34beneficial to another type.

35
(C) The training and education that is necessary to equip mental
36health professionals with the tools necessary to provide the families
37specified in subparagraph (A) with services tailored to their unique
38needs.

P4    1
(D) How to effectively recruit more prospective adoptive families
2that are able to provide new, permanent, and loving homes to
3children coming out of disrupted adoptions.

4
(E) The feasibility of creating a clearinghouse of persons and
5entities that are knowledgeable in addressing the needs of, and
6finding subsequent placements for, children at risk of being
7rehomed, including adoption agencies, social workers, attorneys,
8mental health professionals, and prospective adoptive parents.

9
(c) (1) The working group shall meet no later than June 1,
102017. The recommendations developed pursuant to this section
11shall be submitted in a report to the appropriate policy committees
12of the Legislature on or before June 1, 2018.

13
(2) A report to be submitted pursuant to this subdivision shall
14be submitted in compliance with Section 9795 of the Government
15Code.

16
(3) The requirement for submitting a report pursuant to this
17subdivision is inoperative on June 1, 2022, pursuant to Section
1810231.5 of the Government Code.

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19

SECTION 1.  

Chapter 9 (commencing with Section 9220) is
20added to Part 2 of Division 13 of the Family Code, to read:

21 

22Chapter  9. Rehoming
23

 

24

9220.  

(a) An adoptive parent, an individual, or an entity having
25custody of an adopted minor shall not rehome an adopted minor.

26(b) For purposes of this chapter, “rehome” or “rehoming” means
27an action taken to facilitate a transaction by an adoptive parent,
28an individual, or an entity having custody of an adopted minor that
29is done with both of the following:

30(1) Without court approval.

31(2) To avoid permanent parental responsibility by placing the
32minor in the physical custody of another person or entity, except
33as provided in subdivision (c).

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

35(1) A child placed with a relative, as defined by paragraph (2)
36of subdivision (c) of Section 361.3 of the Welfare and Institutions
37Code.

38(2) A child placed with a nonrelative extended family member,
39as defined by Section 362.7 of the Welfare and Institutions Code.

16 P5    1(3) Temporary placement of a minor by a parent, individual, or
2entity for a designated short-term period with a specified intent
3and time period for return of the minor, if the temporary placement
4is due to a vacation or a school-sponsored function or activity or
5the incarceration, military service, medical treatment, or incapacity
6of a parent or guardian.

7

9221.  

In order to address and prevent circumstances in which
8an adoptive parent, individual, or entity having custody of an
9adopted minor seeks to rehome an adopted minor, the State
10Department of Social Services shall adopt regulations to ensure
11that postadoptive services are provided to adoptive parents who
12seek the assistance of the department.

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