BILL NUMBER: AB 2488	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 20, 2006
	AMENDED IN ASSEMBLY  APRIL 19, 2006
	AMENDED IN ASSEMBLY  APRIL 6, 2006

INTRODUCED BY   Assembly Member Leno

                        FEBRUARY 23, 2006

   An act to amend Section 9205 of the Family Code, relating to
adoption.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2488, as amended, Leno  Adoption.
   Existing law authorizes the State Department of Social Services or
an adoption agency, as defined, that joined in an adoption petition
to release the names and addresses of biological siblings to one
another if both siblings have attained 21 years of age and have filed
a specified request and waiver of rights with respect to the
disclosure with the department or agency.
   This bill would further authorize the disclosure of the names and
addresses of an adoptee and his or her half-sibling or step-sibling
to one another, if the above-described requirements are met. The bill
would also lower the age of consent to 18 years of age, and would
authorize an adoptee or sibling, as defined, who is under 18 years of
age to file that request with the consent of his or her adoptive
parents or, if a sibling, with the consent of a parent or guardian,
or the  dependency    court under specified
circumstances. If an adoptee or sibling has not filed a waiver with
the department or adoption agency, the bill would also authorize the
adoptee or sibling to petition the court to appoint the department or
adoption agency that conducted the adoptee's adoption as a
confidential intermediary,  as specified,  which would have
the authority to contact the adoptee and his or her adoptive parents
or the sibling with regard to disclosure.  The bill would require
the confidential intermediary to inform those persons that consent
is optional, and, upon denial, would prohibit the intermediary from
making any further attempt at disclosure. 
   By imposing additional duties on, among others, licensed county
adoption agencies to act as a confidential intermediary, as described
above, and by increasing the number of sibling and adoptee requests,
this bill would impose a state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 9205 of the Family Code is amended to read:
   9205.  (a) Notwithstanding any other law, the department or
adoption agency that joined in the adoption petition shall release
the names and addresses of siblings to one another if both of the
siblings have attained 18 years of age and have filed the following
with the department or agency:
   (1) A current address.
   (2) A written request for contact with any sibling whose existence
is known to the person making the request.
   (3) A written waiver of the person's rights with respect to the
disclosure of the person's name and address to the sibling, if the
person is an adoptee.
   (b) Upon inquiry and proof that a person is the sibling of an
adoptee who has filed a waiver pursuant to this section, the
department or agency may advise the sibling that a waiver has been
filed by the adoptee. The department or agency may charge a
reasonable fee, not to exceed fifty dollars ($50), for providing the
service required by this section.
   (c) An adoptee may revoke a waiver filed pursuant to this section
by giving written notice of revocation to the department or agency.
   (d) The department shall adopt a form for the request authorized
by this section. The form shall provide for an affidavit to be
executed by a person seeking to employ the procedure provided by this
section that, to the best of the person's knowledge, the person is
an adoptee or sibling of an adoptee. The form also shall contain a
notice of an adoptee's rights pursuant to subdivision (c) and a
statement that information will be disclosed only if there is a
currently valid waiver on file with the department or agency. The
department may adopt regulations requiring any additional means of
identification from a person making a request pursuant to this
section as it deems necessary.
   (e) The department or agency may not solicit the execution of a
waiver authorized by this section. However, the department shall
announce the availability of the procedure authorized by this
section, utilizing a means of communication appropriate to inform the
public effectively.
   (f) Notwithstanding the age requirement described in subdivision
(a), an adoptee or sibling who is under 18 years of age may file a
written request for the release of his or her contact information
pursuant to this section provided that, if an adoptee, the adoptive
parent consents, and, if a sibling, the sibling's legal parent or
guardian consents.  If the sibling is under the jurisdiction of the
dependency court and has no legal parent or guardian able or
available to provide consent, the  dependency  court may
provide that consent.
   (g) Notwithstanding subdivisions (a) and (e), an adoptee or
sibling who seeks contact with the other for whom no waiver is on
file may petition the court to appoint a confidential intermediary,
which shall be the department or adoption agency that conducted the
adoptee's adoption.  If the court finds that the adoption agency
that conducted the adoptee's adoption is unable, due to economic
hardship, to serve as the intermediary, then the agency shall provide
all records to the court and the   court shall appoint an
alternate confidential intermediary.  The court shall grant the
petition unless it finds that it would be detrimental to the adoptee
or sibling with whom contact is sought.  The intermediary shall have
access to all records of the adoptee and shall  make all
reasonable efforts to  locate and attempt to obtain the consent
of the adoptee, sibling, or adoptive or birth parent, as required to
make the disclosure authorized by this section.  The confidential
intermediary shall notify any located adoptee, sibling, or adoptive
or birth parent that cons   ent is optional, not required by
law, and does not affect the status of the adoption. If that
individual denies the request for consent, the confidential
intermediary shall not make any further attempts to obtain consent.
The confidential   intermediary shall use information found
in the records of the adoptee for authorized purposes only, and may
not disclose that information without authorization.  If contact
is sought with an adoptee or sibling who is under 18 years of age,
the confidential intermediary shall contact and obtain the consent of
that child's legal parent before contacting the child. If the
sibling is under 18 years of age, under the jurisdiction of the
dependency court, and has no legal parent or guardian able or
available to provide consent, the intermediary shall obtain that
consent from the  dependency  court.
   (h) For purposes of this section, "sibling" means a biological
sibling, half-sibling, or step-sibling of the adoptee.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.