BILL NUMBER: SB 1040	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 21, 2016
	AMENDED IN ASSEMBLY  JUNE 8, 2016
	AMENDED IN SENATE  APRIL 26, 2016
	AMENDED IN SENATE  MARCH 28, 2016

INTRODUCED BY   Senator Hill
   (Coauthor: Assembly Member Mullin)

                        FEBRUARY 12, 2016

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1040, as amended, Hill. Adoptions:  rehoming. 
 unlawful transfer of custody. 
   (1) 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 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
  April  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  April  1, 2018.
   (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.  Existing law makes it a crime for a
parent of a child under 14 years of   age, and a person to
whom the child has been confided for nurture or education, to desert
the child in any place with intent to abandon the child, as
specified. Existing law makes it a misdemeanor for a parent or
organization, without holding a valid and unrevoked license to place
children for adoption, to advertise in a public medium, as specified,
that he, she, or it will place children for adoption, or accept,
supply, provide, or obtain children for adoption, or to cause an
advertisement to be published in or by a public medium soliciting,
requesting, or asking for a child or children for adoption. 
   This bill would make it a crime to solicit to  rehome, as
defined, a minor   take custody of a minor  under
14 years of age and to subsequently  rehome the minor
  take custody of 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.
   (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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 9 (commencing with Section 9221) is added to
Part 2 of Division 13 of the Family Code, to read:
      CHAPTER 9.   REHOMING   UNLAWFUL TRANSFER
OF CUSTODY 


   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   and, often,
 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,   parent
seeks to engage in the unlawful transfer of the custody of a child,
 the State Department of Social Services shall, in consultation
with child advocacy organizations, attorneys specializing in adoption
and guardianships,  counsel representing minors in dependency
proceedings,  the Judicial Council, foster caregiver
organizations,  county welfare officials,  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) Education and resources that would benefit prospective
adoptive families prior to an adoption, and whether certain services
and education should be required before an adoption can be completed.
 
   (A) 
    (B)  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) 
    (C)  The distinct resources that are available to the
different types of families specified in subparagraph  (A),
  (B),  and whether any of the resources available
to one type of family would also be beneficial to another type.

   (C) 
    (D)  The training and education that is necessary to
equip mental health professionals with the tools necessary to provide
the families specified in subparagraph  (A)  
(B)  with services tailored to their unique needs. 
   (D) 
    (E)  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) 
    (F)  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,   having their custody
unlawfully transferred,  including adoption agencies, social
workers, attorneys, mental health professionals, and prospective
adoptive parents.
   (c) (1) The working group shall meet no later than  June
  April  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   April  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.
  SEC. 2.  Section 272.5 is added to the Penal Code, to read:
   272.5.  (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   take cus 
 tody of a minor  under 14 years of age and to subsequently
 rehome the minor   take custody of 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) 
    (b)  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.
  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.