Amended in Assembly June 8, 2016

Amended in Senate April 26, 2016

Amended in Senate March 28, 2016

Senate Bill No. 1040

Introduced by Senator Hill

(Coauthor: Assembly Member Mullin)

February 12, 2016

An act to add Chapter 9 (commencing with Section begin delete 9220) end delete begin insert 9221) end insert to Part 2 of Division 13 of the Family Code, begin insert and to add Section 272.5 to the Penal Code, end insert relating to children.

LEGISLATIVE COUNSEL’S DIGEST

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

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Existing

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begin insert (1) end insert begin insert   end insert begin insert Existing end insert 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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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

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begin insert This end insert 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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(2) Existing law makes it a misdemeanor for a parent of a minor to willfully omit, without lawful excuse, to furnish necessary clothing, food, shelter, or medical attendance, or other remedial care for his or her child.

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This bill would make it a crime to solicit to rehome, as defined, a minor under 14 years of age and to subsequently rehome the minor without initiating a lawful guardianship proceeding or adoption proceeding within 90 days of taking physical custody of the minor. By creating a new crime, this bill would impose a state-mandated local program.

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(3) 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.

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 no end delete begin insert yes end insert .

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

SECTION 1.  

Chapter 9 (commencing with Section begin delete 9220) end delete begin insert 9221) end insert
is added to Part 2 of Division 13 of the Family Code, to read:

 

Chapter  9. Rehoming

 

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9220.  

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

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

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

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

(c) This section does not apply to either 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) 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.

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9221.  

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

(b) (1) In order to address and prevent the circumstances in
which an adoptive parent, individual, or entity having custody of
an adopted minor seeks to rehome the minor, the State Department
of Social Services shall, in consultation with child advocacy
organizations, attorneys specializing in adoption and guardianships,
the Judicial Council, foster caregiver organizations, and individuals
with expertise in the area of positive youth development, 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.

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

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

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

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

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

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

(c) (1) The working group shall meet no later than June 1, 2017.
The recommendations developed pursuant to this section shall be
submitted in a report to the appropriate policy committees of the
Legislature on or before June 1, 2018.

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

(3) The requirement for submitting a report pursuant to this
subdivision is inoperative on June 1, 2022, pursuant to Section
10231.5 of the Government Code.

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begin insert SEC. 2. end insert   

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begin insert Section 272.5 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

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begin insert 272.5. end insert   

(a) It is unlawful for a person to solicit by any means,
including, but not limited to, electronic communication via the
Internet, to rehome a minor under 14 years of age and to
subsequently rehome the minor without initiating a lawful
guardianship proceeding or adoption proceeding within 90 days
of taking physical custody of the minor consistent with the
requirements of Division 4 (commencing with Section 1400) of the
Probate Code or Division 13 (commencing with Section 8500) of
the Family Code. A violation of this section is punishable by
imprisonment pursuant to subdivision (h) of Section 1170, in a
county jail not exceeding one year, by a fine not exceeding one
thousand dollars ($1,000), or by both that fine and imprisonment.

(b) For purposes of this section, “rehome” means an action
taken to provide a new, permanent home for a minor with a person
or persons other than the minors parents, except as provided in
subdivision (c).

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

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

(2) 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.

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begin insert SEC. 3. end insert   

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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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