BILL ANALYSIS
SB 218
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Date of Hearing: June 29, 2005
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Judy Chu, Chair
SB 218 (Scott) - As Amended: June 2, 2005
Policy Committee: Judiciary
Vote:9-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill creates a "prospective adoptive parent" (PAP) legal
designation and creates notice requirements related to the
removal of a child from the home of a PAP. Specifically, this
bill:
1)Authorizes a court to designate a PAP if certain conditions
are met.
2)Requires that a PAP meets the following conditions:
a) The child has lived with the caretaker for at least six
months.
b) The caretaker expresses a commitment to adopt the child.
c) The caretaker has completed at least one step, such as
applying for an adoption homestudy, to facilitate the
adoption.
3)Requires adoption agency notification of PAPs, potential PAPs,
older children, and a child's attorney, before removal of a
child from a home to another setting.
4)Authorizes a child's attorney, PAP, or potential PAP to file a
petition within five court days or seven calendar days to
object to the removal of the child.
5)Requires the court to conduct a hearing within five calendar
days of a petition being filed.
6)Authorizes the removal of a child in physical or emotional
SB 218
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danger without a hearing.
7)Requires Judicial Council to create related petition forms.
FISCAL EFFECT
1)Minor absorbable costs to Judicial Council to create petition
forms.
2)Additional hearing workload on courts is unknown, though
likely absorbable, as adoption disruption is an infrequent
event, with very few disruptions occurring with young
children, who are the majority of children adopted statewide.
COMMENTS
1)Rationale . This bill, sponsored by the National Association
for Counsel of Children- Los Angeles, increases the rights of
caretakers prior to adoption finalization. According to
supporters, under current law the adoption agency has total
authority over child placement. Anecdotal evidence indicates
that children are sometimes removed from a non-kin adoptive
home with little or no notice to be moved to a family member's
home. By requiring notice and hearings when certain conditions
are met, this bill will increase court oversight and adoptive
family rights and may reduce adoption agency oversight.
2)The Adoptions Program . The Department of Social Services (DSS)
administers a statewide program of services to parents who
wish to place children for adoption and to families who wish
to adopt children. According to child welfare data analysis
conducted by UC Berkeley, 7,000 adoptions were finalized in
California in calendar year 2004.
3)Adoption disruptions occur when an adoptive placement fails
before the adoption placement is finalized. The child is
removed from the home and moved to another setting. The
frequency of adoption disruption is variable, depending on
factors such as a child's age, how long a child has lived with
a family, family structure, the seriousness of a child's
behavioral issues, and the availability of support services.
Disruption rates range from a low of one percent for children
who are adopted as infants, to a high of 24 percent for youth
adopted as teenagers.
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4)Opposition . The County Welfare Directors Association (CWDA)
opposes this bill unless PAP provisions are narrowed. CWDA is
concerned that adding individuals who may meet the PAP
criteria, but who have not taken concrete steps to adopt a
child, increases noticing requirements and may exacerbate
adoption delays. The California Association of Adoption
Agencies opposes this bill because they believe that current
law provides the best protections for children, with the
adoption agency, not the court, making placement decisions
following termination of parental rights.
5)Related Legislation . AB 1638 (Nava), in the current session,
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
or 90 days of the statement of intent to adopt, whichever is
later. AB 1638 was held on the Suspense File of the Assembly
Appropriations Committee.
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 in the
Senate.
Analysis Prepared by : Mary Ader / APPR. / (916) 319-2081