BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1758|
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UNFINISHED BUSINESS
Bill No: SB 1758
Author: Figueroa (D)
Amended: 8/24/06
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
SENATE FLOOR : 22-13, 5/30/06
AYES: Alarcon, Alquist, Cedillo, Chesbro, Dunn, Figueroa,
Florez, Kehoe, Kuehl, Lowenthal, Machado, Migden, Murray,
Ortiz, Perata, Romero, Scott, Simitian, Soto, Speier,
Torlakson, Vincent
NOES: Aanestad, Ackerman, Ashburn, Battin, Cox, Denham,
Dutton, Hollingsworth, Maldonado, Margett, McClintock,
Morrow, Poochigian
NO VOTE RECORDED: Bowen, Ducheny, Escutia, Runner, Vacancy
ASSEMBLY FLOOR : 74-5, 8/28/06 - See last page for vote
SUBJECT : Adoption facilitators
SOURCE : Author
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DIGEST : This bill strengthens regulations concerning
adoption facilitators including increasing the surety bond
to $25,000, impose minimum education requirements,
Department of Social Services registration, and restrict
internet advertisements displaying minor children and
authorize increased civil penalties.
Assembly Amendments: (1) reduced the required surety bond
from $50,000 to $25,000, (2) allow the department to deny
inclusion in the adoption facilitators registry based on
specified crimes committee by the applicant, (3) require
the department to report to and make recommendations to the
Legislature on January 1, 2008, and (4) requires adoption
facilitators to post a bond.
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.
This bill requires the Department of Social Services (DSS)
to establish and adopt regulations for the statewide
registration of adoption facilitators and to establish and
adopt regulations to require adoption facilitators to post
a bond. DSS may adapt procedures used for adoption service
providers to comply with this requirement. The bill
authorizes the department to adapt the process it uses to
register adoption service providers in order to provide a
similar registration process for adoption facilitators.
The bill authorizes the department to deny inclusion in the
registry to an applicant who has been convicted of a crime
for which the department may deny a license to an adoption
agency.
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
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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.
The bill authorizes the department to submit fingerprint
images to the Department of Justice in order to obtain
criminal offender information and to impose fees for
covering the costs of processing fingerprint cards and
recovering all other costs associated with the bill's
requirements. The bill requires the Department of Justice
to forward the request for information to the Federal
Bureau of Investigation, to review the information received
in response, and to disseminate that information to the
State Department of Social Services.
The bill also authorizes the department to create an
Adoption Facilitator Account for the deposit of fees
received and would require the department to make
recommendations for the registry program to the Legislature
on or before January 1, 2008. The adoption facilitator
registry becomes operative upon receipt of an
appropriation.
Existing law requires facilitators to obtain a business
license and post a $10,000 bond.
This bill increases the bond to $25,000, 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.
Existing law authorizes civil actions for damages,
rescission or any other civil remedy by any person
aggrieved by an adoption facilitator.
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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 and from advertising
specific information about particular 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
$100, fully offset by fees Special*
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Website likely $100, fully offset by
feesSpecial*
*Adoption Facilitator Fund
SUPPORT : (Verified 8/28/06)
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.
ASSEMBLY FLOOR :
AYES: Aghazarian, Arambula, Baca, Bass, Benoit, Berg,
Bermudez, Blakeslee, Bogh, Calderon, Canciamilla, Chan,
Chavez, Chu, Cogdill, Cohn, Coto, Daucher, De La Torre,
DeVore, Dymally, Emmerson, Evans, Frommer, Garcia,
Goldberg, Hancock, Jerome Horton, Shirley Horton,
Houston, Jones, Karnette, Keene, Klehs, Koretz, La Malfa,
Laird, Leno, Leslie, Levine, Lieber, Lieu, Liu, Matthews,
Maze, McCarthy, Montanez, Mullin, Nakanishi, Nation,
Nava, Negrete McLeod, Niello, Oropeza, Parra, Pavley,
Plescia, Richman, Ridley-Thomas, Sharon Runner, Ruskin,
Saldana, Salinas, Spitzer, Strickland, Torrico, Tran,
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Umberg, Vargas, Villines, Wolk, Wyland, Yee, Nunez
NOES: Haynes, Huff, La Suer, Mountjoy, Walters
NO VOTE RECORDED: Vacancy
RJG:nl 8/29/06 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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