BILL ANALYSIS
SB 1393
Page 1
SENATE THIRD READING
SB 1393 (Florez)
As Amended August 22, 2006
Majority vote
SENATE VOTE :39-0
JUDICIARY 9-0 APPROPRIATIONS 18-0
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|Ayes:|Jones, Yee, Haynes, Leno, |Ayes:|Chu, Sharon Runner, Bass, |
| |Leslie, Levine, Lieber, | |Berg, Calderon, De La |
| |Montanez, Huff | |Torre, Emmerson, Haynes, |
| | | |Karnette, Klehs, Leno, |
| | | |Nakanishi, Nation, Laird, |
| | | | |
| | | |Ridley-Thomas, Saldana, |
| | | |Walters, Yee |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Creates a streamlined readoption process for
California residents who finalize an adoption in specified
foreign countries. Specifically, this bill :
1)Except as provided in #3) below, requires any California
resident who adopts a child in a foreign country to readopt
the child in California if it is required by the Department of
Homeland Security. Requires readoption to include at least
one post-placement, in-home visit and the filing of the
adoption petition, intercountry adoption court report,
accounting reports, homestudy report and final adoption order.
If a homestudy was completed as part of the adoption in the
foreign country, that homestudy may be used. Prevents a court
from granting a readoption order unless the court receives the
previously completed homestudy report. Requires the court to
consider the post-placement visit(s) and the homestudy in
deciding whether to grant or deny the readoption petition.
2)When readoption is not required by the Department of Homeland
Security, allows a California resident to readopt a child at
his or her discretion.
3)Allows the Department of Social Services (DSS) to certify
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countries whose adoption standards meet or exceed
California's, and requires DSS to determine if the adoption
standards of China, Guatemala, Kazakhstan, Russia and South
Korea meet or exceed California's standards. Allows a court
to grant readoption if the following conditions are satisfied:
a) one post-placement visit occurs; b) the adoption was
finalized in accordance with the other country's laws; and, c)
the petitioner submits a decree evidencing the finalization of
the order in the foreign country and the child's birth
certificate and visa. Requires the court, if it denies a
petition for readoption, to summarize its reasons on the
record.
4)Requires the State Registrar to create a new birth certificate
upon receipt of a readoption order issued for an intercountry
adoption.
EXISTING LAW :
1)Requires intercountry adoption services to be provided solely
by licensed private adoption agencies.
2)Requires that, for an adoption that will be finalized in a
foreign country, a licensed adoption agency must assess the
suitability of the applicant's home and certify to the
Immigration and Naturalization Service (INS) that the state's
intercountry adoption requirements have been met.
3)Requires any California resident who adopts a child through an
intercountry adoption that is finalized in a foreign country
to readopt the child in California if it is required by the
INS. When readoption is not required by the INS, a California
resident may readopt the child at his or her discretion.
4)Requires readoption to include at least one post-placement
in-home visit, filing of a standard adoption petition, an
intercountry adoption report, accounting report, and final
adoption order. Prevents a court from granting a readoption
order unless the court receives an adoption report from an
adoption agency authorized to provide intercountry adoption
services.
5)Requires the State Registrar to create a new birth certificate
upon receipt of a report of adoption from any court within
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this country.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, costs of approximately $175,000 for the increased
workload for DSS associated with certifying the adoptions
standards in foreign countries.
COMMENTS : More and more individuals are adopting children from
outside of the United States. Individuals wishing to adopt a
child from a foreign adoption agency must first complete an
"Application for Advance Processing of an Orphan Petition," to
be filed with the U.S. Citizenship and Immigration Services
(USCIS), under the Department of Homeland Security. Once the
petition is approved, the individual must still receive approval
for any foreign child that becomes available for adoption. As
with adoption within this country, international adoption can be
both costly and time consuming.
This bill allows for a streamlined readoption process in cases
where the adoption was finalized in a foreign country whose
adoption standards meet or exceed California's, as certified by
DSS. While still requiring one post-placement visit, this bill
allows a court to finalize an intercountry adoption without the
necessity of the intercountry adoption court report or
accounting reports. According to the author, this bill is
intended to "streamline the readoption law in California [for]
children adopted in a foreign country and make the policy less
cumbersome." The author stresses that the current adoption
process in California is "weighty and adversarial, at times."
This bill is described by the author as "modest legislation that
will successfully help connect families and children in a
simplified fashion." Supporters contend that different counties
in California interpret the current law very differently and
that this legislation is also necessary to ensure uniformity
across the state.
This bill makes minor changes to current readoption requirements
and establishes a new, streamlined readoption process for
adoptions from foreign counties certified as meeting certain
requirements. Under this bill, when an adoption is finalized in
a foreign country and readoption is required by the Department
of Homeland Security, a court may grant the petition to readopt
with one post-placement in-home visit and the filing with the
court of the intercountry adoption report, accounting report,
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homestudy report, and the decree evidencing the finality of
adoption. The court must consider the homestudy and the
post-placement visit when deciding whether to grant or deny the
petition for readoption.
However, if an adoption is finalized in a foreign country whose
adoption standards meet or exceed those of California, as
certified by DSS, this bill permits a streamlined readoption
process. For adoption from those countries, while still
requiring one post-placement in-home visit, the bill allows, but
does not require, a court to grant a petition for readoption if:
1) the adoption was finalized in accordance with the laws of
the foreign country; and 2) the petitioner files the finalized
foreign adoption order and the child's birth certificate and
visa with the court. If the court denies the readoption
petition, it must summarize the reason for its denial on the
record. This gives the court the discretion to deny the
petition in cases where there are questions about the home
environment, the underlying adoption or any other issue that may
be raised.
In addition, the post-placement visit, required of both regular
and streamlined readoptions, serves an important role both to
monitor the child and to comply with international agency
requirements. Foreign governments such as China specifically
require at least one post-placement visit. These post-placement
visits generally must be conducted by a licensed social worker
or agency caseworker, both trained to assess the child's
bonding, placement and attachment. They also may help the
adoptive parents by providing them with resources or referrals
to help make the adoption more successful.
Existing law allows the State Registrar to issue a new birth
certificate upon receipt of a court record of adoption. This
bill allows issuance of a new birth certificate upon receipt of
a readoption order by a California court.
Existing law requires California residents to readopt children
adopted in a foreign country if that readoption is required by
the INS. As of 2003, most INS functions were transferred to the
Department of Homeland Security. The former INS became the U.S.
Citizenship and Immigration Services, a subdivision of Homeland
Security. Accordingly, this bill updates Family Code Section
8919 to require readoption when required by the Department of
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Homeland Security, not the INS.
Analysis Prepared by : Leora Gershenzon / JUD. / (916)
319-2334
FN: 0016494