BILL ANALYSIS
AB 2488
Page 1
Date of Hearing: April 18, 2006
ASSEMBLY COMMITTEE ON JUDICIARY
Dave Jones, Chair
AB 2488 (Leno) - As Amended: April 6, 2006
PROPOSED CONSENT (As Proposed To Be Amended)
SUBJECT : ADOPTION: SIBLING CONTACT
KEY ISSUE : SHOULD CURRENT BARRIERS BE MODIFIED IN ORDER TO HELP
FACILITATE SIBLING RELATIONSHIPS WHEN SIBLINGS HAVE BEEN ADOPTED
SEPARATELY?
SYNOPSIS
This non-controversial bill, sponsored by the Children's Law
Center of Los Angeles, seeks to facilitate sibling relationships
when siblings have been adopted. Under current law, children
may seek contact with their biological siblings by requesting
that the agency that facilitated the adoption release their
siblings' information. However before the agency can do so,
both siblings must have attained the age of 21 and both must
have petitioned for release of the information. This bill would
reduce some of those hurdles by lowering the age to 18, or even
lower if the minor's parent consents. Additionally, if one of
the siblings has not filed a request for release, this bill
allows a sibling to petition the court to appoint a confidential
intermediary to obtain the consent of the other sibling. The
author argues that this bill is necessary to help facilitate
what for many is their longest lasting relationship in their
lifetime - their relationship with their siblings. For children
who have been abused or neglected, this bond is even more
important. The bill is supported by the American Federation of
State, County, and Municipal Employees and the National Center
for Youth Law. There is no reported opposition.
SUMMARY : Reduces hurdles limiting when adopted siblings can
petition to have names of related siblings released.
Specifically, this bill :
1)Requires the Department of Social Services (DSS) or the
adoption agency that joined in the adoption petition to
release the names and addresses of siblings to one another if
both siblings have attained 18 years of age and have filed a
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written request for contact with siblings, along with a waiver
of rights for disclosure of their name and information to the
sibling.
2)Allows an adoptee or sibling who is under 18 years of age,
with the consent of the adoptee's adoptive parent or the
sibling's legal parent or guardian, to file a written request
for release of his or her name and address to a sibling.
Provides for consent by the court if a sibling is under the
jurisdiction of the dependency court and has no legal parent
or guardian able or available to provide consent.
3)Provides that an adoptee or sibling who seeks contact with
another sibling for whom no waiver is on file may petition the
court to appoint as confidential intermediary either DSS or
the adoption agency to access records of the adoptee and
attempt to obtain the consent of the adoptee, siblings,
adoptive parent or birth parent, if appropriate, to disclose
their names for purposes of reuniting siblings. Requires the
court to grant the petition unless the court finds it would be
detrimental to the adoptee or sibling with whom contact is
sought. Requires the confidential intermediary to first
contact and obtain the consent of the legal parent if contact
is sought with an adoptee or sibling who is under 18.
Provides for consent by the court if a sibling is under the
jurisdiction of the dependency court and has no legal parent
or guardian able or available to provide consent.
4)Defines sibling as a biological sibling, half sibling or
step-sibling of the adoptee.
EXISTING LAW :
1)Requires DSS or the adoption agency that joined in the
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 written request for
contact with biological siblings, along with a waiver of
rights for disclosure of their name and information to the
sibling. Prohibits DSS from soliciting execution of the
waiver, but DSS may announce the availability of the
procedure. (Family Code Section 9205.)
2)States the intent of the Legislature that siblings removed
from their home for out of home placement be placed together,
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unless it is determined not to be in the best interest of one
of the siblings. Provides that if parental rights are
terminated and a child is placed for adoption, DSS or the
adoption agency shall facilitate ongoing sibling contact, as
specified unless determined to be detrimental to the child.
(Welfare & Institutions Code Section 16002.)
3)Provides for postadoption contact agreements between adoptive
parents and birth relatives of the adopted child. Allows for
the court to maintain jurisdiction over an adopted child for
purposes of enforcing a postadoptioon contract agreement.
(Family Code Section 8616.5; Welfare & Institutions Code
Section 366.29.)
4)Gives the juvenile dependency court jurisdiction over children
who have suffered or are at risk of serious physical,
emotional, or sexual abuse or neglect by a parent. (Welfare
and Institutions Code Section 300.)
FISCAL EFFECT : The bill as currently in print is keyed fiscal.
COMMENTS : This bill, sponsored by the Children's Law Center of
Los Angeles, seeks to facilitate sibling relationships when
siblings have been adopted. Under current law, children may
seek contact with their biological siblings by requesting that
the agency that facilitated the adoption release their siblings'
information. However before the agency can do so, both siblings
must have attained the age of 21 and both must have petitioned
for release of the information. This bill would reduce some of
those hurdles, by lowering the age to 18, or even lower if the
minor's parent consents. Additionally, if one of the siblings
has not filed a request for release, this bill allows a sibling
to petition the court to appoint a confidential intermediary to
obtain the consent of the other sibling.
The author argues that this bill is necessary to help facilitate
what for many is their longest lasting relationship in their
lifetime - their relationship with their siblings. For children
who have been abused or neglected, this bond is even more
important. Older siblings in these families often act more as
siblings than as parents, as they help one another deal with
very difficult circumstances. Unfortunately, current law makes
it difficult, and sometimes even impossible, for siblings to
find each other and maintain relationships when one or more of
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them have been adopted. The bill is supported by the American
Federation of State, County, and Municipal Employees and the
National Center for Youth Law.
According to data from California's child welfare system, as of
October 2004, there were 56,721 children in foster care who had
at least one sibling in out-of-home care. Of these children, 34
percent (nearly 19,500 children) were placed with none of their
siblings and 24 percent (over 13,600 children) were placed
without some of their siblings. That means that 33,000 children
in California's foster care system were separated from at least
one of their brothers or sisters.
The Casey Family Planning Program held a National Leadership
Symposium on Siblings in Out-of-Home Care in 2002. Out of the
symposium and other research, Casey developed, among other
things, the following beliefs:
We believe that it is essential to place
children with all siblings who are in care and
maximize their ability to maintain all family and
community connections.
Legislators are responsible for ensuring that
state laws reflect an intent to maintain family
connections by keeping siblings together and
providing for ongoing communication and visitation
when separated. . . .
We believe that, when siblings are separated,
they should be given the opportunity to know who
their siblings are and where they are living.
Resource families who care for them should
facilitate communication and visits between them,
both during temporary placements and
post-permanency.
(Casey Family Programs, Siblings in Out-of-Home Care: An
Overview (April 29, 2003).)
California is a recognized leader in legislative efforts to keep
together siblings involved with the foster care system. AB 705,
2001 Stats., Chap. 747, and AB 1987, 2000 Stats., Chap. 909,
both by Assembly Member Steinberg, recognized the importance of
maintaining and developing sibling relationship, and sought to
ensure that appropriate consideration is given to that
relationship. These bills required children in dependency cases
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to be placed with their siblings whenever practicable and
required that, when not placed together, their sibling
relationships be established and maintained. Additionally, AB
2196 (Washington), 1997 Stats., Chap. 1072, allowed for
postadoption contact between siblings in the adoption order
provided the adoptive parents do not object.
This bill will allow siblings, through release of their contact
information with DSS or the relevant adoption agency, to contact
each other once they reach the age of 18. Currently, they must
wait until they are 21. If one or more of the siblings are
below the age of 18, this bill allows them to still seek
contact, provided they have their parent's permission, or if
they are still under the jurisdiction of the dependency court
with no legal parent or guardian able or available to provide
consent, with the consent of the court.
If only one of the siblings seeks contact, this bill allows for
the court to appoint a confidential intermediary, either DSS or
the adoption agency that conducted the adoption, to try and
establish contact. The court is directed to make the
appointment unless it finds that such contact would be
detrimental to the sibling for whom contact is sought. The
intermediary will then attempt to locate the sibling and seek
his or her consent to release contact information. If the
sibling is below 18, the intermediary would be required to
obtain the consent of the sibling's parent before contacting the
child. If the sibling is still under the jurisdiction of the
dependency court with no legal parent or guardian able or
available to provide consent, the intermediary would be required
to seek the consent of the court before contacting the child.
Technical Amendment : It should be clarified that consent of the
dependency court is only required if the child, for whom no
legal parent or guardian is able or available to provide
consent, is below 18.
REGISTERED SUPPORT / OPPOSITION :
Support
Children's Law Center of Los Angeles (sponsor)
American Federation of State, County, and Municipal Employees
(AFSCME), AFL-CIO
National Center for Youth Law
AB 2488
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Opposition
None on file.
Analysis Prepared by : Leora Gershenzon / JUD. / (916)
319-2334