BILL ANALYSIS
AB 2488
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2488 (Leno)
As Amended August 14, 2006
Majority vote
-----------------------------------------------------------------
|ASSEMBLY: |76-0 |(May 11, 2006) |SENATE: |40-0 |(August 17, |
| | | | | |2006) |
-----------------------------------------------------------------
Original Committee Reference: JUD.
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
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 waiver
of confidentiality for release of information 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, whether DSS,
the county welfare agency, the adoption agency, or an
alternative, as specified, 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, and
AB 2488
Page 2
specifies duties of the intermediary. Provides for consent by
the court if a sibling is under 18 and under the jurisdiction
of the dependency court and has no legal parent or guardian
able or available to provide consent.
4)Provides special rules if the adoptee is foreign born and was
subject to an intercountry adoption.
5)Defines "sibling" as a biological sibling, half sibling or
step-sibling of the adoptee.
The Senate amendments allow for appointment of an alternative
confidential intermediary and specify duties of the
intermediary; provide special rules for foreign born adoptees
subject to intercountry adoptions; and make other technical
changes.
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.
2)States the intent of the Legislature that siblings removed
from their home for out of home placement be placed together,
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.
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 postadoption contract agreement.
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.
AB 2488
Page 3
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version passed by the Senate.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible costs.
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
them have been adopted. This 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 that 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.
California is a recognized leader in legislative efforts to keep
together siblings involved with the foster care system. AB 705
AB 2488
Page 4
(Steinberg), Chapter 747, Statutes of 2001 and AB 1987
(Steinberg), Chapter 909, Statutes of 2000 recognize the
importance of maintaining and developing sibling relationship,
and seek to ensure that appropriate consideration is given to
that relationship. These bills require children in dependency
cases 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), Chapter 1072, Statutes of 1997, allows 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, DSS, the
county child welfare agency, or the adoption agency, or an
alternative intermediary, as specified, 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 under 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.
Analysis Prepared by : Leora Gershenzon / JUD. / (916)
319-2334
FN: 0016226