BILL ANALYSIS
AB 2674
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2674 (Leno)
As Amended June 22, 2004
Majority vote
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|ASSEMBLY: |80-0 |(April 16, |SENATE: |38-0 |(June 24, |
| | |2004) | | |2004) |
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Original Committee Reference: JUD.
SUMMARY : Seeks to clarify the procedures for voluntary
relinquishment of a child for purposes of adoption.
Specifically, this bill :
1)Provides a licensed adoption agency send to the Department of
Social Services (DSS) a certified copy of the relinquishment
either by certified mail (return receipt requested) or by
overnight courier or messenger (with proof of delivery) at the
end of business following the signing.
2)Provides that relinquishment is final 10 business days after
receipt of the certified copy, unless a longer period is
necessary due to pending court action or other cause beyond
control of DSS.
3)States the intent of the Legislature to ensure that the
process of relinquishing a child for adoption purposes is done
as expeditiously as possible while ensuring the interests of
all parties, especially the child, are considered.
The Senate amendments expand the time period for finalizing the
relinquishment from 2 to 10 days, provide exceptions for meeting
that timeframe and add the legislative intent language discussed
above.
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.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
other than the changes noted above.
AB 2674
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FISCAL EFFECT : None
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.
Under current law, a birth parent may relinquish a child to DSS
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 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
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."
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."
AB 2674
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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."
Analysis Prepared by : Leora Gershenzon / JUD. / (916)
319-2334
FN: 0006402