BILL ANALYSIS
AB 2674
Page 1
Date of Hearing: March 30, 2004
ASSEMBLY COMMITTEE ON JUDICIARY
Ellen M. Corbett, Chair
AB 2674 (Leno) - As Introduced: February 20, 2004
PROPOSED CONSENT (As Proposed To Be Amended)
SUBJECT : Adoption: Relinquishment
KEY ISSUE : should the voluntary relinquishment of parental
rights for purposes of adoption be considered final Two Business
days after receipt of documents by the Department of social
services?
SYNOPSIS
As proposed to be amended, this non-controversial bill,
sponsored by San Francisco Jewish Family and Children's
Services, Jewish Public Affairs Committee of California,
clarifies the procedures for voluntary relinquishment of a child
for purposes of adoption. The bill requires Department of Social
Services (DSS) to deem the relinquishment final two business
days after receipt of the certified copy. This bill would
benefit children, as well as their birth and adoptive parents,
by reducing current unnecessary delays in adoption procedures.
As currently in print, the bill would require that the
relinquishment be deemed filed, and therefore final and binding,
48 hours after its receipt by DSS. This 48 hour period is
problematic because it does not give adequate time for review.
The author acknowledges this inadvertent problem and has
proposed amendments to alter the time period from 48 hours to
two business days. This would enable staff to adequately review
relinquishment documents during ordinary work hours. As
supporters of this measure point out, a known timetable
regarding the filing of relinquishment documents will better
facilitate adoption for all parties involved.
SUMMARY : Seeks to clarify the procedures for voluntary
relinquishment of a child for purposes of adoption.
Specifically, as proposed to be amended, this bill :
1)Provides a licensed adoption agency send to DSS a certified
copy of the relinquishment either by certified mail (return
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receipt requested) or by overnight courier or messenger (with
proof of delivery) at the end of business following the
signing.
2)Requires DSS to deem the relinquishment final two business
days after receipt of the certified copy.
EXISTING LAW allows for the relinquishment of a child for
adoption to the DSS or a licensed adoption agency and provides
that said relinquishment is not final and binding until a
certified copy is filed with the Department of Social Services.
(Family Code section 8700.)
FISCAL EFFECT : The bill as currently in print is keyed fiscal.
COMMENTS : This bill, sponsored by San Francisco Jewish Family
and Children's Services, Jewish Public Affairs Committee of
California, clarifies the procedures for voluntary
relinquishment of a child for purposes of adoption. This bill
would benefit children, as well as their birth and adoptive
parents, by reducing current unnecessary delays in adoption
procedures.
Process For Voluntary Relinquishment Of A Child . Under current
law, a birth parent may relinquish a child to the Department of
Social Services or a licensed adoption agency for adoption.
However, the relinquishment is not final and binding until a
certified copy of the signed relinquishment documents is filed
with the DSS. Title 22 section 35165 (a)(1)(A) of the
California Code of Regulations states, in regards to filing a
relinquishment, "Filing includes the department's receipt and
acknowledgement of a certified copy of the relinquishment form."
The author reports that typically adoption agencies file with
DSS the relinquishment documents at the end of business the day
after the documents are signed. According to the author, "DSS
has interpreted 'filed' to mean that the relinquishment is
received, then a staff member at DSS reviews the relinquishment
to be sure it has been executed properly and then acknowledges
receipt. It is with this acknowledgement that DSS considers the
birth parent's decision to terminate their rights is final and
binding." This multi-step process by DSS is in accordance with
the regulations as stated above. The author writes, "[DSS's]
policy and practice has been to acknowledge receipt within 2 to
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3 days of receipt thus allowing birth and adoptive parents to
move forward knowing that a permanent decision about the custody
of the baby has been made."
Staff Shortage At DSS . The author notes that due to
California's budget shortfall DSS has endured severe staff
cutbacks. As a result, DSS no longer has an adequate level of
staff members to timely review and acknowledge receipt of
relinquishment documents, as currently required by the
California Code of Regulations. The author reports that instead
of the customary 2- to 3-day wait for acknowledgement,
acknowledgements are now running at an unacceptable 30-day
delay. As the author notes, this [delay] keeps an adoption in
limbo for over one month and contradicts the intent of this
process."
Proposed Amendments . As currently in print, the bill would
require that the relinquishment be deemed filed, and therefore
final and binding, 48 hours after its receipt by DSS. This 48
hour period is problematic because it does not give adequate
time for review. For example, a relinquishment could be
received at the close of business on a Friday. Since the
48-hour time period would expire on Sunday evening, staff at DSS
would be required to review the relinquishment documents during
the weekend. The author acknowledges this inadvertent problem
and has proposed amendments to alter the time period from 48
hours to two business days. This would enable staff to
adequately review relinquishment documents during ordinary work
hours.
ARGUMENTS IN SUPPORT : Supporters of this measure point out
that a known timetable regarding the filing of relinquishment
documents will better facilitate adoption for all parties
involved. The sponsor of the measure, the San Francisco Jewish
Family and Children's Services, Jewish Public Affairs Committee
of California, states its belief, "that this bill will allow for
closure for the adoptive parents and the birth parents as well
as the child being adopted. Furthermore, the California
Association of Adoption Agencies states, in support of this
measure, "The private adoption agencies within our organization
find that the increasing lack of clarity and [the] delay of
filing of relinquishments can be very traumatic to both birth
and adoptive parents."
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REGISTERED SUPPORT / OPPOSITION :
Support
San Francisco Jewish Family and Children's Services, Jewish
Public Affairs Committee of California (Sponsor)
American Family Rights Association
California Alliance of Child and Family Services
California Association of Adoption Agencies
State Bar of California, Family Law Section
Opposition
None on file
Analysis Prepared by : Daneen Bennigson / JUD. / (916)
319-2334