BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Kevin Murray, Chairman
1758 (Figueroa)
Hearing Date: 5/15/06 Amended: 5/2/06
Consultant: Nora Lynn Policy Vote: Judiciary 3-1
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BILL SUMMARY:
SB 1758 requires adoption facilitators operating in California
to meet specified educational or experiential standards and be
registered by the Department of Social Services; increases the
amount of the surety bond they are required to post to $50,000;
restricts internet advertisements displaying minor children; and
authorizes increased civil penalties for violating these
requirements.
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Fiscal Impact (in thousands)
Major Provisions 2006-07 2007-08 2008-09 Fund
Registration Likely less than $150; fully offset by
fees Special*
Fraud manual $50 $25 $25 Special*
Task force, regulations$50 $25 $25 Special*
Website $50 $25 $25 Special*
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* Technical Assistance Fund
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STAFF COMMENTS: This bill meets the criteria to be placed on the
Suspense file.
Adoption facilitators are defined in current law as persons or
organizations who advertise for the purpose of soliciting
parties to an adoption, locating children for adoption, or who
act as an intermediary between the parties to an adoption. They
are required to obtain a business license and post a $10,000
bond.
SB 1758 places registration, education and increased bond
requirements on adoption facilitators that are somewhat
analogous to existing registry requirements placed on adoption
service providers. This bill requires adoption facilitators to
register with DSS by submitting: a disclosure form; proof of
completion of at least two years of courses with one year
focused on social work or a related field; a business license;
and government issued identification. For those who can show
more than five years' experience working in direct adoption
services, the education component is waived. In addition the
prospective registrant must show proof of posting a $50,000 bond
and submit fingerprint cards. DSS is required to post
information about adoption facilitators' compliance with
registry requirements on its website, along with an adoption
fraud manual, which it is also required to make available at
county adoption orientations. In addition, SB 1758 authorizes
parties aggrieved by violations of these requirements to bring
civil action and authorizes actual damages plus treble the
amount of damages or $1,000, whichever is greater, as well as
attorney's fees and costs.
There are an estimated 50 adoption facilitators in California
who operate independently
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SB 1758 (Figueroa)
from a licensed public or private adoption agency or an adoption
attorney and who would be required to register by SB 1758. Staff
notes that some adoption facilitators who are based outside the
state but who operate in California may also meet the definition
of "adoption facilitator" and be required to register pursuant
to this measure.
Staff estimates annual costs of less than $150,000 for the
department to dedicate two staff to process the registration
applications and bonds and address questions raised by
licensees, applicants and adoptive parents. These costs will be
fully offset by the filing fee SB 1758 authorizes the department
to levy on those seeking registration.
Although SB 1758 addresses costs associated with the
registration system and bond processing, it does not specify how
other duties placed on DSS by the department -the task force,
preparation of a fraud manual and placing information about
registrants on the department's website - are to be met. STAFF
RECOMMENDS permitting the department to recover all costs
associated with the bill's requirements through annual filing
fees and that the fee be set by regulation.
SB 1758 requires the department to create a task force to study
adoption facilitators' activities and make recommendations for
future legislation. It does not describe the task force's
membership, to whom it is to report, how often it is to meet, if
its members are to be paid for their time via salary or
reimbursement for travel and per diem, or if it is the author's
intention that the task force sunset once legislative
recommendations are made. STAFF RECOMMENDS clarifying the task
force's membership, to whom it is to report, how often it is to
meet, if its members are to receive a salary or reimbursement
for travel and per diem, and a sunset date.
STAFF NOTES SB 1758 does not specify a fund for deposit of fees
received from potential and renewing registrants. The committee
may wish to create an Adoption Facilitator Fund for receipt of
these fees.