BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1758|
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THIRD READING
Bill No: SB 1758
Author: Figueroa (D)
Amended: 5/2/06
Vote: 21
SENATE JUDICIARY COMMITTEE : 3-1, 4/25/06
AYES: Dunn, Escutia, Kuehl
NOES: Ackerman
SENATE APPROPRIATIONS COMMITTEE : 8-5, 5/25/06
AYES: Murray, Alarcon, Alquist, Escutia, Florez, Ortiz,
Romero, Torlakson
NOES: Aanestad, Ashburn, Battin, Dutton, Poochigian
SUBJECT : Adoption facilitators
SOURCE : Author
DIGEST : This bill strengthens regulations concerning
adoption facilitators including increasing the surety bond
to $50,000, impose minimum education requirements,
Department of Social Services registration, and restrict
internet advertisements displaying minor children and
authorize increased civil penalties.
ANALYSIS : Existing law defines adoption facilitators as
persons or organizations, not licensed by the state of
California, that advertise for the purpose of soliciting
parties to an adoption, locating children for adoption or
act as an intermediary between parties to an adoption.
CONTINUED
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This bill requires the Department of Social Services (DSS)
to establish and adopt regulations for the statewide
registration of adoption facilitators. DSS may adapt
procedures used for adoption service providers to comply
with this requirement.
This bill requires adoption facilitators that are
independent of licensed adoption agencies or adoption
attorneys to register with DSS. Facilitators must submit a
disclosure form, proof of proper education, three years of
experience in a licensed adoption agency, business license
and government issued identification.
This bill requires adoption facilitators, and any staff
member providing direct adoption services to complete at
least two years of college courses, with at least half of
the units focusing or social work or a related field. This
educational requirement may be waived if the individual has
over five years of experience in direct adoption services,
has not been found liable and is not subject to pending
suits in connection with adoption services, and has three
letters of support from either a licensed adoption agency,
member of the Academy of California Adoption Lawyers, or
DSS.
This bill allows DSS to charge an annual filing fee to
recover all costs associated with implementing the above
provisions. The bill authorizes the department to create
Adoption Facilitator Account for deposit of fees received
from registrants.
Existing law requires facilitators to obtain a business
license and post a $10,000 bond.
This bill increases the bond to $50,000, executed by a
corporate surety to do business in the state, submitted
along with proof of the above education, experience,
license and fingerprints. The bill provides that whenever
there is a recovery from the bond the person is required to
replenish the bond or file a new bond if the former bond
cannot be replenished before that person may conduct
further business as an adoption facilitator.
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Existing law authorizes civil actions for damages,
rescission or any other civil remedy by any person
aggrieved by an adoption facilitator.
Existing law allows prevailing parties to recover
reasonable attorneys' fees and costs for actions to revoke
or enforce contracts with adoption facilitators.
This bill authorizes suits for injunctive relief and allow
collection of treble damages or $1,000 per violation,
whichever is greater.
This bill authorizes prevailing parties to recover
reasonable attorneys' fees and costs for any action
concerning adoption facilitators.
This bill authorizes the Attorney General, district
attorney or city attorney to bring an action for equitable
relief against adoption facilitators in the name of the
people of California. Individuals may also bring action
for injunctive relief on behalf of the general public.
Existing law prevents adoption facilitators from using
misleading advertising to convey that they are licensed by
the State of California.
This bill prevents facilitators from using advertising
containing photolistings, or specific information about
minor children available for adoption.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2006-07 2007-08 2008-09
Fund
Registration
likely less than $150; fully offset by fees
Special*
Task force,
regulations likely
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$100, fully offset by fees Special*
Website likely $100, fully offset by
feesSpecial*
*Adoption Facilitator Fund
SUPPORT : (Verified 5/26/06)
California Association of Adoption Agencies
Pact, an adoption alliance
Family Law Section of the State Bar of California
National Association of Social Workers
California Alliance of Child and Family Services
ARGUMENTS IN SUPPORT : According to the author's office,
adoption facilitators play a significant role in the
adoption process but yet receive little oversight and
regulation. Existing requirements of a $10,000 bond and
valid business license are insufficient to provide
consumers with adequate protection as "[m]ost facilitators
charge more than double the bond amount." Furthermore,
"consumers who have questions or complaints about adoption
facilitators do not know which agency to report to."
This bill proposes minimum standards for adoption
facilitators, including a registry system to inform the
public of the status of these facilitators. The author
states that these minimum standards are required due to the
"highly complex and emotional" nature of the adoption
process.
RJG:nl 5/26/06 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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