BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 1040|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
THIRD READING
Bill No: SB 1040
Author: Hill (D), et al.
Amended: 4/26/16
Vote: 21
SENATE JUDICIARY COMMITTEE: 7-0, 4/19/16
AYES: Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning,
Wieckowski
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/27/16
AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen
SUBJECT: Adoptions: rehoming
SOURCE: Author
DIGEST: This bill authorizes an adoptive parent, individual,
or entity having custody of an adopted minor to rehome, as
defined, that minor if specified requirements are met. This bill
requires 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. This
bill requires the working group to meet no later than June 1,
2017, and requires 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.
SB 1040
Page 2
ANALYSIS: 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 (Family Code § 8609.)
This bill:
1)Defines "rehome" or "rehoming" to mean an action taken to
provide a new, permanent home for an adopted minor with a
person or persons other than the adoptive parents, and
provides that 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:
a) 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.
b) 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 under existing law.
2)Provides that "rehoming" does not apply to either of the
following:
a) A child placed with a relative, as defined in Welfare
and Institutions Code Section 361.3(c)(2).
SB 1040
Page 3
b) 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.
3)Requires the State Department of Social Services (DSS) to
establish a working group to review the challenges facing
families with adopted and special needs children including the
following:
a) Requires DSS to establish the working group 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.
b) Requires the working group to consider all of the
following as it develops recommendations to the Legislature
as to the services that may be helpful to these adoptive
families:
i) 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.
SB 1040
Page 4
ii) The distinct resources that are available to the
different types of families specified above, and whether
any of the resources available to one type of family
would also be beneficial to another type.
iii) The training and education that is necessary to
equip mental health professionals with the tools
necessary to provide the specified families with services
tailored to their unique needs.
iv) 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.
v) 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) Requires the working group to meet no later than June 1,
2017, and submit the recommendations in a report to the
appropriate policy committees of the Legislature on or
before June 1, 2018.
SB 1040
Page 5
d) Includes codified language stating, "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."
Background
Over the past few years, headlines highlighting dramatic
failures in international adoptions have captivated the public.
In 2010, Torry Hansen outraged the adoption community when she
sent her seven year old adopted son on a plane back to Russia
with a note claiming that the child was mentally unstable and
had violent and severe psychopathic issues/behaviors. (See
Page 6
Rehoming, (2015) 53 Fam. Ct. Rev. 474.)
Seeking to curb the practice or rehoming and also provide
services to families struggling with the special needs of
adopted children, this bill defines rehoming and outlines how an
adoptive parent may find more appropriate home for a child after
a failed adoption. This bill also requires DSS to establish a
working group to review the challenges facing families with
adopted and special needs children.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
According to the Senate Appropriations Committee:
DSS working group: One-time costs potentially in excess of
$150,000 (General Fund) to establish the working group,
collaborate with working group members to develop
recommendations, and submit the legislative report.
Judicial Council: Minor costs (General Fund) to participate
in the working group.
SUPPORT: (Verified5/27/16)
Executive Committee of the Family Law Section of the State Bar
OPPOSITION: (Verified5/27/16)
SB 1040
Page 7
None received
ARGUMENTS IN SUPPORT: The Executive Committee of the Family
Law Section of the State Bar writes:
A disproportionate number of children adopted from overseas
show signs of Reactive Attachment Disorder, a condition
requiring specialized knowledge and skills to treat. Children
being adopted out of foster care also frequently suffer
enduring symptoms related to the traumas they endured prior to
being adopted. Not all adoptive parents understand the
challenges they may face in parenting the children they are
adopting, and this can lead to a need to find a new family
better able to meet the needs of a particular child. In our
experience, the practice of "rehoming" adopted children is
frequently met with judgment, when in fact compassion is
needed to assist these families and children through a time of
crisis. We appreciate the efforts to research the issues
surrounding disrupted adoptions and to propose some concrete
solutions, as well as the establishment of a working group to
further study the complex issues raised by these cases.
Prepared by:Nichole Rapier / JUD. / (916) 651-4113
5/28/16 16:57:28
**** END ****