BILL ANALYSIS
AB 1873
Page 1
Date of Hearing: May 24, 2006
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Judy Chu, Chair
AB 1873 (Torrico) - As Amended: May 3, 2006
Policy Committee: Public
SafetyVote: 4-1
Human Services
6-0
Urgency: No State Mandated Local Program:
No Reimbursable: Yes
SUMMARY
This bill extends, from 72 hours to 30 days, the age at which a
child may be left at a designated safe-surrender site. This bill
also:
1)Adds a local fire agency, upon the approval of the appropriate
local governing body of the agency, to the designated
safe-surrender sites. (Current sites are either designated by
boards of supervisors, or are locations within a hospital, as
designated by the hospital.)
2)Appropriates $5,000,000 (GF) for a safe-surrender public
awareness campaign.
FISCAL EFFECT
1)Appropriates $5,000,000 (GF) to the Department of Social
Services (DSS) for a safe-surrender public awareness campaign.
2)Minor potentially state-reimbursable costs for local entities
and governments to consult regarding the designation of
safe-surrender sites.
COMMENT
1)Rationale. The author believes the safe-surrender law should
be expanded and advertised. The author cites the discovery in
his district of a dead infant, estimated to be seven to 14
days old, in a fast-food dumpster within a block of a
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designated safe-surrender site at a fire station.
2)Current law, established by SB 1368 (Brulte, 2000), provides
for the surrender of a newborn by a parent or other
responsible person to a safe-surrender site. SB 1368 was
intended to provide mothers of unwanted newborns a safe
alternative to abandoning infants in places where babies would
likely die. SB 1368 designated safe places (such as an
emergency room of a hospital) where a person can surrender a
baby, with no questions asked, and retrieve the baby within a
14-day period, as specified, with immunity from criminal
penalties under child abandonment laws.
According to a January 2005 DSS report on the safe-surrender
law, 64 infants were safely surrendered in 2001-2004.
According to the author, that number is now more than 100. Of
the 64 referenced in the DSS report, 55 were less than
one-day-old and nine were two or three-days-old. Fifty-two
showed no signs of abuse or neglect, and 10 tested
drug-positive. In only one case did a parent attempt to
reclaim an infant. (That parent did not pursue the effort
after an initial query.)
3)Related legislation.
a) AB 2817 (Maddox), Chapter 1099, Statutes 2002, requires
school districts to include information about the
safe-surrender law in sex education classes.
b) SB 139 (Brulte), Chapter 150, Statutes 2003, provides a
child may be surrendered at any hospital or other
designated safe-surrender site. Previously, a designated
employee at a hospital emergency room or other location was
the only person permitted to accept a baby.
c) SB 116 (Dutton), Chapter 625, Statutes of 2005, deleted
the January 1, 2006 sunset of the safe-surrender law.
4)A Difficult Public Awareness Campaign to Run. Targeting and
reaching the potential audience for a safe-surrender program
is a difficult task. Public awareness efforts to date have
been funded with a $1 million grant from First Five California
and $250,000 from the California Children's Trust Fund.
Materials were produced and distributed to county welfare
agencies, probation departments and community-based
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organizations.
5)Opposition Unless Amended. The County Welfare Directors
Association (CWDA) contends this bill "goes too far in its
expansion of existing law" and suggests an expansion to seven
days may be more appropriate.
"Research indicates that some troubled women are in such
denial about their pregnancy that the newborn is at great risk
of being killed or abandoned shortly after birth. However, we
know of no research suggesting that the same risk factors
continue to exist for babies beyond the first few days of
life?. For children who are beyond the seven-day limit, the
existing voluntary relinquishment process enables parents to
voluntarily free their children for adoption."
The California State Association of Counties concurs with the
CWDA position.
6)Other States . According to a February 1, 2006 policy brief by
the Guttmacher Instititute-a nonprofit organization focused on
sexual and reproductive health research, policy analysis and
public education-46 states have legalized relinquishment: 16
for 72 hours; 14 for 28 to 31 days, 10 for five days to two
weeks, 4 for more than 31 days, and 2 (South Dakota and
Missouri) for one year.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081