BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Kevin Murray, Chairman
1393 (Florez)
Hearing Date: 5/25/06 Amended: 5/2/06
Consultant: Nora Lynn Policy Vote: Judiciary 4-0
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BILL SUMMARY:
SB 1393 streamlines the state readoption process for residents
who finalize an adoption in a foreign country if its adoption
standards meet or exceed those of California, as certified by
the Department of Social Services (DSS).
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Fiscal Impact (in thousands)
Major Provisions 2006-07 2007-08 2008-09 Fund
Certification $200 $400 $400 General
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STAFF COMMENTS: SUSPENSE FILE
State residents who adopt children in foreign countries, upon
meeting the requirements of the country from which the child
came as well as petitioning the United States government, must
in many cases readopt the child in California. The state
readoption process requires a postplacement in-home visit and
the filing of an adoption petition, an intercountry adoption
report and the final adoption order.
In lieu of this process, SB 1393 would require a postplacement
in-home visit and a final adoption order for adoptions that take
place in countries DSS has certified as having adoption
standards that meet or exceed California's. SB 1393 further
requires a court to grant a readoption petition if the adoption
was finalized in accordance with the laws of the foreign country
from which the child adopted and if the adopting resident
provides proof of the finalized adoption, the child's birth
certificate and visa.
In 2005 the State Department issued an estimated 22,000
immigrant visas to orphans coming to the United States for
adoption from 21 different countries. It's not known how many of
these children were bound for families in California.
DSS projects a need for five staff to conduct the necessary
research into international adoption laws, to translate and
interpret foreign law and compare other countries' legal and
regulatory requirements to California's in order to make
certification determinations.
Courts would see some measure of savings through reduced
paperwork and fewer appearances associated with the adoption
process.