BILL ANALYSIS
AB 1638
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Date of Hearing: May 4, 2005
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Judy Chu, Chair
AB 1638 (Nava) - As Amended: April 7, 2005
Policy Committee: Judiciary
Vote:7-2
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill expedites adoptions of foster children in certain
circumstances. Specifically, this bill:
1)Requires that if a foster parent has acted as a child's parent
for more than one year and states intent to adopt the child to
a licensed adoption agency, the petition to adopt must be
approved within 90 days of the termination of parental rights
(TPR) or 90 days of the statement of intent to adopt,
whichever is later.
2)Grants certain exceptions to this requirement, such as when
the proposed adoption is opposed by the child or the county
welfare department.
FISCAL EFFECT
1) Significant cost pressure to the extent expedited adoptions
created by this bill increase funding pressures for
specialized adoptions workers.
For example, according to the Department of Social Services
(DSS) budget information, it costs about $13,000 in social
worker time per adoption completed. Therefore, if this bill
reduces by three months, the time 1,000 children spend in
foster care, adoption worker costs would increase by close
to $3.3 million. Adoption costs are shared with the federal
government and the GF.
2) Potential increase in federal adoptions incentives to the
extent this bill helps California meet federal standards.
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Nationally, $45 million is available for, and although
California has not qualified this year, it has qualified
for up to $4 million in past years in this area. The
incentives are awarded at a rate of $4,000 to $6,000 per
child who is adopted over a prior year baseline.
3) Unknown off-setting savings to the extent this bill reduces
children's time in foster care. For example, basic foster
care rates (for food and housing costs, not medical or
mental health services) range from between $10,000 and
$22,000 (25 percent GF) per year per child for the foster
children addressed by this bill.
Additional savings due to reduced juvenile court time would also
accrue. Off-setting costs would increase via payments to
adoptive families under the Adoptions Assistance Program
(AAP). The AAP payments are usually about $800 per month
and paid partly from the GF.
COMMENTS
1)Rationale . This bill requires county welfare departments,
courts, and adoptions agencies to increase the timeliness for
adoptions of children from foster care. Many of the children
adopted from foster care are adopted by their foster parents
and many of those parents are clear that they would like to
adopt the child from the outset.
However, adoptions are complex and there are many
administrative, regulatory, and legal processes that must be
completed to assure that a child is in a safe and stable home.
One component of these processes is a home study and
observation period that may take up to six months to complete.
In addition, social workers and judges must confirm that a
child's biological family is not a viable option. Adoptive
families may become impatient and concerned with delays. This
bill attempts to address such delays by creating a statutory
deadline of 90 days for the court to approve certain petitions
to adopt.
2)The Adoptions Program . DSS administers a statewide program of
services to parents who wish to place children for adoption
and to families who wish to adopt children. Adoptions services
are provided through state district offices, 28 county
adoptions agencies, and a variety of private agencies.
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Counties may choose to operate the Adoptions Program or turn
the program over to the state for administration.
According to child welfare data analysis conducted by UC
Berkeley, 7,000 adoptions were finalized in California in
calendar year 2004. Many thousands of children are eligible
for adoption in any given year, though the circumstances of
each child, biological family, and adoptive family are unique.
In addition to the Adoptions Program, AAP provides grants to
parents who adopt difficult-to- place children. State law
defines these children as those who, without assistance, would
likely be unadoptable because of their age, racial or ethnic
background, handicap, or because they are a member of a
sibling group that should remain intact.
3)CWDA Concerns . The California Welfare Directors (CWDA) have
several concerns with this bill, including the cost
implications for specialized adoptions workers, discussed
above.
CWDA is also concerned that the 90 day timeline contained in the
bill is unrealistic and may have the unintended consequence of
reducing the chances an adoption may succeed. For example, if
an adoption home study is conducted too quickly and criminal
background checks are not thoroughly completed, information
may later emerge making the adoption unviable.
In addition, CWDA indicates that the adoption process is a
complex interaction between social welfare and judicial
systems, therefore a one-size fits all approach of a 90 day
deadline is problematic. They suggest extending the timeframe
to 120 days and making other technical clarifications.
Finally, the welfare directors indicate that the presumption
created in this bill by a prospective parent simply expressing
a commitment to adopt is too simplistic and that foster
parents should meet more stringent standards in order secure a
fast-track adoption under this bill.
4)Related Legislation . AB 519 (Leno), in the current session,
authorizes the reinstatement of parental rights for children
who would otherwise be orphaned because of not being adopted
after termination of parental rights. AB 519 is pending
committee referral in the Senate Rules Committee.
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SB 218 (Scott), in the current session authorizes a court to
designate a foster child's caretaker as a prospective adoptive
parent if specified conditions are met and the caretaker has
taken steps towards the goal of adopting the child. This bill
is awaiting hearing in the Senate Appropriations Committee.
Analysis Prepared by : Mary Ader / APPR. / (916) 319-2081