BILL NUMBER: AB 81 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 4, 2007
AMENDED IN SENATE AUGUST 1, 2007
AMENDED IN SENATE JULY 17, 2007
AMENDED IN ASSEMBLY JUNE 1, 2007
AMENDED IN ASSEMBLY APRIL 10, 2007
AMENDED IN ASSEMBLY MARCH 6, 2007
INTRODUCED BY Assembly Member Torrico
(Principal coauthor: Assembly Member Garcia)
(Coauthors: Assembly Members DeVore, Hayashi, Horton, Krekorian,
Silva, Spitzer, and Strickland)
(Coauthor: Senator Romero)
DECEMBER 4, 2006
An act to amend Section 1255.7 of the Health and Safety Code, and
to amend Section 271.5 of the Penal Code, relating to child
protection.
LEGISLATIVE COUNSEL'S DIGEST
AB 81, as amended, Torrico. Child protection: safe surrender.
Existing law designates certain locations as safe-surrender sites
for the safe surrender of newborn children who are 72 hours of age or
younger.
This bill would expand the scope of those provisions to apply to
children who are 21 7 days old or
younger. The bill would permit a local fire agency, upon the approval
of the appropriate local governing body of the agency, to designate
a safe-surrender site. The bill would specify certain circumstances
in which a safe-surrender site and its personnel have no liability
for a surrendered child.
The bill would require safe-surrender site personnel to
provide to the parent or other individual, as specified, who is
surrendering custody of the child, with information regarding
alternative options to surrender, as specified. The bill
would also require, to the extent resources are available, as
specified, the State Department of Social Services to conduct a
statewide awareness campaign publicizing the existence of the program
and to establish a toll-free telephone number for the purpose of
providing education and assistance to the public regarding the
program.
By imposing new duties on local officials, the bill would impose a
state-mandated local program.
The bill would require the State Department of Social Services to
report to the Legislature regarding the effect of these provisions on
or before January 1, 2011.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1255.7 of the Health and Safety Code is amended
to read:
1255.7. (a) (1) For purposes of this section, "safe-surrender
site" means any of the following:
(A) A location designated by the board of supervisors of a county,
or by a local fire agency upon the approval of the appropriate local
governing body of the agency, to be responsible for accepting
physical custody of a minor child who is 21 7
days old or younger from a parent or individual who has lawful
custody of the child and who surrenders the child pursuant to
Section 271.5 of the Penal Code. Before designating a location as a
safe-surrender site, the designatory entity shall consult with the
governing body of a city, if the site is within the city limits, and
with representatives of any local fire agency and any child welfare
agency that may provide services to a child who is surrendered at the
site, if that location is selected.
(B) A location within a public or private hospital that is
designated by that hospital to be responsible for accepting physical
custody of a minor child who is 21 7
days old or younger from a parent or individual who has lawful
custody of the child and who surrenders the child pursuant to Section
271.5 of the Penal Code.
(2) For purposes of this section, "parent" means a birth parent of
a minor child who is 21 7 days old or
younger.
(3) For purposes of this section, "personnel" means any person who
is an officer or employee of a safe-surrender site or who has staff
privileges at the site.
(4) A hospital and any safe-surrender site designated by the
county board of supervisors or by a local fire agency upon the
approval of the appropriate local governing body of the agency, shall
post a sign utilizing a statewide logo that has been adopted by the
State Department of Social Services that notifies the public of the
location where a minor child 21 7 days
old or younger may be safely surrendered pursuant to this section.
(b) Any personnel on duty at a safe-surrender site shall accept
physical custody of a minor child 21 7
days old or younger pursuant to this section if a parent or other
individual having lawful custody of the child voluntarily surrenders
physical custody of the child to personnel who are on duty at the
safe-surrender site. Safe-surrender site personnel shall
provide to the parent or other individual having lawful custody of
the child information regarding alternative options to surrender,
including, but not limited to, voluntary relinquishment, foster care,
and adoption, and, if the parent or other individual chooses to
utilize an alternative option, shall provide information that to
parent or other individual regarding appropriate resources relevant
to exercising the alternative option or options selected. If the
parent or other individual having lawful custody of the child chooses
to continue with the safe surrender of the child, the safe-surrender
site personnel shall ensure that a site personnel
shall ensure that a qualified person does all of the following:
(1) Places a coded, confidential ankle bracelet on the child.
(2) Provides, or makes a good faith effort to provide, to the
parent or other individual surrendering the child a copy of a unique,
coded, confidential ankle bracelet identification in order to
facilitate reclaiming the child pursuant to subdivision (f). However,
possession of the ankle bracelet identification, in and of itself,
does not establish parentage or a right to custody of the child.
(3) Provides, or makes a good faith effort to provide, to the
parent or other individual surrendering the child a medical
information questionnaire, which may be declined, voluntarily filled
out and returned at the time the child is surrendered, or later
filled out and mailed in the envelope provided for this purpose. This
medical information questionnaire shall not require any identifying
information about the child or the parent or individual surrendering
the child, other than the identification code provided in the ankle
bracelet placed on the child. Every questionnaire provided pursuant
to this section shall begin with the following notice in no less than
12-point type:
NOTICE: THE BABY YOU HAVE BROUGHT IN TODAY MAY HAVE SERIOUS
MEDICAL NEEDS IN THE FUTURE THAT WE DON'T KNOW ABOUT TODAY. SOME
ILLNESSES, INCLUDING CANCER, ARE BEST TREATED WHEN WE KNOW ABOUT
FAMILY MEDICAL HISTORIES. IN ADDITION, SOMETIMES RELATIVES ARE NEEDED
FOR LIFE-SAVING TREATMENTS. TO MAKE SURE THIS BABY WILL HAVE A
HEALTHY FUTURE, YOUR ASSISTANCE IN COMPLETING THIS QUESTIONNAIRE
FULLY IS ESSENTIAL. THANK YOU.
(c) Personnel of a safe-surrender site that has physical custody
of a minor child pursuant to this section shall ensure that a medical
screening examination and any necessary medical care is provided to
the minor child. Notwithstanding any other provision of law, the
consent of the parent or other relative shall not be required to
provide that care to the minor child.
(d) (1) As soon as possible, but in no event later than 48 hours
after the physical custody of a child has been accepted pursuant to
this section, personnel of the safe-surrender site that has physical
custody of the child shall notify child protective services or a
county agency providing child welfare services pursuant to Section
16501 of the Welfare and Institutions Code, that the safe-surrender
site has physical custody of the child pursuant to this section. In
addition, any medical information pertinent to the child's health,
including, but not limited to, information obtained pursuant to the
medical information questionnaire described in paragraph (3) of
subdivision (b) that has been received by or is in the possession of
the safe-surrender site shall be provided to that child protective
services or county agency.
(2) Any personal identifying information that pertains to a parent
or individual who surrenders a child that is obtained pursuant to
the medical information questionnaire is confidential and shall be
exempt from disclosure by the child protective services or county
agency under the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code). Any personal identifying information that pertains
to a parent or individual who surrenders a child shall be redacted
from any medical information provided to child protective services or
the county agency providing child welfare services.
(e) Child protective services or the county agency providing child
welfare services pursuant to Section 16501 of the Welfare and
Institutions Code shall assume temporary custody of the child
pursuant to Section 300 of the Welfare and Institutions Code
immediately upon receipt of notice under subdivision (d). Child
protective services or the county agency providing child welfare
services pursuant to Section 16501 of the Welfare and Institutions
Code shall immediately investigate the circumstances of the case and
file a petition pursuant to Section 311 of the Welfare and
Institutions Code. Child protective services or the county agency
providing child welfare services pursuant to Section 16501 of the
Welfare and Institutions Code shall immediately notify the State
Department of Social Services of each child to whom this subdivision
applies upon taking temporary custody of the child pursuant to
Section 300 of the Welfare and Institutions Code. As soon as
possible, but no later than 24 hours after temporary custody is
assumed, child protective services or the county agency providing
child welfare services pursuant to Section 16501 of the Welfare and
Institutions Code shall report all known identifying information
concerning the child, except personal identifying information
pertaining to the parent or individual who surrendered the child, to
the California Missing Children Clearinghouse and to the National
Crime Information Center.
(f) If, prior to the filing of a petition under subdivision (e), a
parent or individual who has voluntarily surrendered a child
pursuant to this section requests that the safe-surrender site that
has physical custody of the child pursuant to this section return the
child and the safe-surrender site still has custody of the child,
personnel of the safe-surrender site shall either return the child to
the parent or individual or contact a child protective agency if any
personnel at the safe-surrender site knows or reasonably suspects
that the child has been the victim of child abuse or neglect. The
voluntary surrender of a child pursuant to this section is not in and
of itself a sufficient basis for reporting child abuse or neglect.
The terms "child abuse," "child protective agency," "mandated
reporter," "neglect," and "reasonably suspects" shall be given the
same meanings as in Article 2.5 (commencing with Section 11164) of
Title 1 of Part 4 of the Penal Code.
(g) Subsequent to the filing of a petition under subdivision (e),
if within 14 days of the voluntary surrender described in this
section, the parent or individual who surrendered custody returns to
claim physical custody of the child, the child welfare agency shall
verify the identity of the parent or individual, conduct an
assessment of his or her circumstances and ability to parent, and
request that the juvenile court dismiss the petition for dependency
and order the release of the child, if the child welfare agency
determines that none of the conditions described in subdivisions (a)
to (d), inclusive, of Section 319 of the Welfare and Institutions
Code currently exist.
(h) A safe-surrender site, or the personnel of a safe-surrender
site, shall not have liability of any kind for a surrendered child
prior to taking actual physical custody of the child. A
safe-surrender site, or personnel of the safe-surrender site, that
accepts custody of a surrendered child pursuant to this section shall
not be subject to civil, criminal, or administrative liability for
accepting the child and caring for the child in the good faith belief
that action is required or authorized by this section, including,
but not limited to, instances where the child is older than
21 7 days old or the parent or individual
surrendering the child did not have lawful physical custody of the
child. A safe-surrender site, or the personnel of a safe-surrender
site, shall not be subject to civil, criminal, or administrative
liability for a surrendered child prior to the time that the site or
its personnel know, or should know, that the child has been
surrendered. This subdivision does not confer immunity from liability
for personal injury or wrongful death, including, but not limited
to, injury resulting from medical malpractice.
(i) (1) In order to encourage assistance to persons who
voluntarily surrender physical custody of a child pursuant to this
section or Section 271.5 of the Penal Code, no person who, without
compensation and in good faith, provides assistance for the purpose
of effecting the safe surrender of a minor 21
7 days old or younger shall be civilly liable for injury to,
or the death of, the minor child as a result of any of his or her
acts or omissions. This immunity does not apply to any act or
omission constituting gross negligence, recklessness, or willful
misconduct.
(2) For purposes of this section, "assistance" means transporting
the minor child to the safe-surrender site as a person with lawful
custody, or transporting or accompanying the parent or person with
lawful custody at the request of that parent or person to effect the
safe surrender, or performing any other act in good faith for the
purpose of effecting the safe surrender of the minor.
(j) For purposes of this section, "lawful custody" means physical
custody of a minor 21 7 days old or
younger accepted by a person from a parent of the minor, who the
person believes in good faith is the parent of the minor, with the
specific intent and promise of effecting the safe surrender of the
minor.
(k) Any identifying information that pertains to a parent or
individual who surrenders a child pursuant to this section, that is
obtained as a result of the questionnaire described in paragraph (3)
of subdivision (b) or in any other manner, is confidential, shall be
exempt from disclosure under the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1
of the Government Code), and shall not be disclosed by any personnel
of a safe-surrender site that accepts custody of a child pursuant to
this section.
SEC. 2. Section 271.5 of the Penal Code is amended to read:
271.5. (a) No parent or other individual having lawful custody of
a minor child 21 7 days old or younger
may be prosecuted for a violation of Section 270, 270.5, 271, or
271a if he or she voluntarily surrenders physical custody of the
child to personnel on duty at a safe-surrender site.
(b) For purposes of this section, "safe-surrender site" has the
same meaning as defined in paragraph (1) of subdivision (a) of
Section 1255.7 of the Health and Safety Code.
(c) (1) For purposes of this section, "lawful custody" has the
same meaning as defined in subdivision (j) of Section 1255.7 of the
Health and Safety Code.
(2) For purposes of this section, "personnel" has the same meaning
as defined in paragraph (3) of subdivision (a) of Section 1255.7 of
the Health and Safety Code.
SEC. 3. On or before January 1, 2011, the State Department of
Social Services shall report to the Legislature regarding the effect
of this act, including, but not limited to, all of the following
information:
(a) The number of children one year of age or younger who are
found abandoned, dead or alive, in the state for each year in which
reporting is required under this act.
(b) The number of infants surrendered pursuant to this act, with
their approximate age.
(c) The number of medical history questionnaires completed in
those cases.
(d) The number of instances in which a parent or other person
having lawful custody seeks to reclaim custody of a surrendered
child, both during and after the initial period following surrender,
and the outcome of those cases.
(e) Whether a person seeking to reclaim custody is the individual
who surrendered the child.
(f) The number of children surrendered pursuant to this act who
show signs of neglect or abuse and the disposition of those cases.
(g) The number of parents or legal guardians eventually located
and contacted by social workers.
SEC. 4. To the extent resources that have been
appropriated to the State Department of Social Services are available
for these purposes, the department shall do both of the following:
(a) Conduct a statewide awareness campaign publicizing the
existence of the program providing safe-surrender sites as described
in Section 1255.7 of the Health and Safety Code and related
provisions of law, and any changes to the law establishing the
program that take effect on or after January 1, 2008. When
outreach materials regarding the program are revised, those materials
shall include information regarding alternatives to
relinquishing parental rights.
(b) Establish and operate a toll-free telephone number for the
purpose of providing education and assistance to the public regarding
safe-surrender sites.
SEC. 5. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.