BILL ANALYSIS
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THIRD READING
Bill No: AB 2674
Author: Leno (D)
Amended: 6/22/04 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-0, 6/15/04
AYES: Escutia, Morrow, Ackerman, Cedillo, Kuehl
NO VOTE RECORDED: Ducheny, Sher
ASSEMBLY FLOOR : 80-0, 4/16/04 (Passed on Consent) - See
last page for vote
SUBJECT : Adoption: relinquishment
SOURCE : Jewish Family Services
DIGEST : This bill provides that an adoption
relinquishment that has been sent and filed with the State
Department of Social Services by certified mail, return
receipt requested or by overnight courier with proof of
delivery no later than the end of the business day
following its execution shall be deemed final ten business
days after receipt of the filing by the department.
The bill contains legislative intent language.
ANALYSIS : Existing law provides the process by which a
birth parent or parents may relinquish a child to the State
Department of Social Services (DSS) or to a licensed
adoption agency for the purpose of adoption of the child.
CONTINUED
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Existing law provides that a relinquishment has no effect
until a certified copy is filed with DSS, and once filed,
it is final and may not be rescinded except by mutual
agreement by DSS or the licensed adoption agency and the
birth parent.
This bill requires a licensed adoption agency to send a
certified copy of the relinquishment to DSS, by certified
mail return receipt requested or by overnight courier with
proof of delivery no later than the end of the business day
following the execution of the relinquishment. The
relinquishment shall be final within 10 business days after
receipt of the filing by DSS, unless a longer period of
time is necessary due to a pending court action or some
other cause beyond the control of DSS.
The bill provides that it is the Legislature's intent, in
enacting this act, to ensure that the process for the
relinquishment for adoption of a child to DSS or a licensed
adoption agency is expedited to the greatest extent
possible while also ensuring that the interests of all
parties are considered, especially the interests of the
child.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/22/04)
Jewish Family Services (sources)
San Francisco Jewish Family and Children's Services
Academy of California Adoption Lawyers
American Family Rights Association
California Alliance of Child and Family Services
Families Supporting Adoption
Family Law Section of the State Bar of California
California Association of Adoption Agencies
ARGUMENTS IN SUPPORT : The author's office states that
inn practice, DSS has interpreted the language of the
statute (the relinquishment is final when 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
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with this acknowledgement that DSS considers the birth
parent's decision to terminate their rights is final and
binding." Until recently, supporters and the sponsor of
this bill state, DSS has been able to process
relinquishments received (typically by fax) within two or
three days, thus allowing the birth and adoptive parents to
move forward with the adoption in reliance on the
"permanent" decision about the custody of the baby.
There have been "massive lay-offs" at DSS, the author's
office states, and the office responsible for reviewing and
acknowledging relinquishments has been shrunk dramatically
in size. Presently, supporters say, there is only one
staff person and one secretary assigned to respond to all
relinquishment packets for the entire state.
The result of the reduction in staff size is the delay now
encountered by the proposed adoptive parents and the birth
parents who have relinquished their children for adoption.
According to the author's office, DSS is now taking
anywhere from four to six weeks for a relinquishment to be
considered filed and final - a very long time in the
context of a young child who is being placed in an adoptive
home, and in the context of both sets of parents (birth and
adoptive) who are in limbo about the status of the child.
This bill hopes to cure this problem by setting a time
limit of five business days for the relinquishment to be
considered filed and final after it is received by DSS.
ASSEMBLY FLOOR :
AYES: Aghazarian, Bates, Benoit, Berg, Bermudez, Bogh,
Calderon, Campbell, Canciamilla, Chan, Chavez, Chu,
Cogdill, Cohn, Corbett, Correa, Cox, Daucher, Diaz,
Dutra, Dutton, Dymally, Firebaugh, Frommer, Garcia,
Goldberg, Hancock, Harman, Haynes, Jerome Horton, Shirley
Horton, Houston, Jackson, Keene, Kehoe, Koretz, La Malfa,
La Suer, Laird, Leno, Leslie, Levine, Lieber, Liu,
Longville, Lowenthal, Maddox, Maldonado, Matthews, Maze,
McCarthy, Montanez, Mountjoy, Mullin, Nakanishi, Nakano,
Nation, Negrete McLeod, Oropeza, Pacheco, Parra, Pavley,
Plescia, Reyes, Richman, Ridley-Thomas, Runner, Salinas,
Samuelian, Simitian, Spitzer, Steinberg, Strickland,
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Vargas, Wesson, Wiggins, Wolk, Wyland, Yee, Nunez
RJG:cm 6/22/04 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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