BILL ANALYSIS
AB 81
Page 1
Date of Hearing: March 13, 2007
Consultant: Nicole J. Hanson
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Jose Solorio, Chair
AB 81 (Torrico) - As Amended: March 6, 2006
SUMMARY : Expands the "Safe-Surrender Law" to allow a parent or
other person with lawful custody of a child 30 days old or
younger to be surrendered to safe-surrender sites as specified.
Specifically, this bill :
1)Extends the safe surrender of a child by a parent or other
person with lawful custody from 72 hours old or younger to 30
days old or younger.
2)Expands the definition of "safe-surrender site" to include
local fire agencies upon the approval of the appropriate local
governing body of the agency.
3)Requires that before designating a location as a
safe-surrender site, the designatory entity shall consult with
the governing body of a city, and with representatives of any
fire department and any child welfare agency that may provide
services to a child who is surrendered at the site if that
location is selected.
4)Defines "parent" to as a birth parent of a minor child who is
30 days old or younger.
5)Appropriates $5 million to the Department of Social Services
(DSS) for the purpose of supporting the safe-surrender program
as follows:
a) DSS must conduct a statewide awareness campaign
publicizing the existence of safe-surrender sites;
b) A portion of this money shall be used to establish and
operate a toll-free telephone number to provide assistance
to the public regarding safe-surrender sites;
c) $1 million will be allocated in the form of competitive
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grants to county social services agencies that conduct
safe-surrender site program outreach; and,
d) A portion of this money must be used to publicize
current law regarding the voluntary surrender of a child at
a safe-surrender site.
EXISTING LAW :
1)Makes it a crime for a parent of, or other person entrusted
with, a child younger than 14 years of age to abandon the
child (Penal Code Section 271) and to fail to provide for the
child or to present the child to an orphanage or similar
institution as an orphan. (Penal Code Section 271a.)
2)Makes it a crime for a parent willfully to fail, without
lawful excuse, to provide a child with necessary food,
clothing, shelter, medical assistance or other remedial care.
(Penal Code Section 270.)
3)Describes the procedure for the surrender of a child 72 hours
or younger to a safe-surrender site without incurring any
criminal liability under the state's child abandonment laws.
(Health and Safety Code Section 1255.7.)
4)Defines a "safe-surrender site" as either:
a) A location designated by the board of supervisors of a
county to be responsible for accepting physical custody of
minor who is 72 hours old or younger [Health and Safety
Code 1255.7(a)(1)(A)]; or,
b) A location within a public or private hospital
designated by the hospital as responsible for accepting a
minor child who is 72 hours old or younger. [Health and
Safety Code 155.7(a)(1)(B).]
5)Defines a "parent" as a birth parent of a minor child who is
72 hours old or younger. [Health and Safety Code
155.7(a)(2).]
6)Protects from prosecution under California's child abandonment
laws a parent or other person having lawful custody of a child
72 hours old or younger who voluntarily surrenders physical
custody of the child to personnel on duty at a safe-surrender
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site. (Penal Code Section 271.5.)
7)Provides that a child is within the jurisdiction of the
juvenile court if:
a) The child has been left without any provision for
support;
b) The child has been safely surrendered and the child was
not been reclaimed within the 14-day period, as specified;
c) The child's parent has been incarcerated or
institutionalized and cannot arrange for the care of the
child; or,
d) A relative or other adult custodian with whom the child
resides or has been left is unwilling or unable to provide
care or support for the child, the whereabouts of the
parent are unknown, and reasonable efforts to locate the
parent have been unsuccessful. [Welfare and Institutions
Code Section 300(g).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement: According to the author, "To date, 187
babies have been safely surrendered in California.
Unfortunately, public awareness of the law has been
insufficient as almost the same number of babies (146) have
been found abandoned illegally. There are currently 22 other
states that have 30-day provisions, and two states have
one-year provisions. In North Dakota and Missouri, a child
can be relinquished for up to one year after his or her birth
without threat of prosecution for child abandonment provided
that the child is left with a health care provider.
"According to a 2002 Centers for Disease Control Study conducted
on infant death data from 1989-1998, the second highest peak
in risk for infant homicide occurs during the eighth week of
life and may be due to a caregiver's reaction to an infant's
persistent crying. Infant crying duration peaks at six to
eight weeks of age.
"The anonymity, confidentiality and freedom from prosecution may
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encourage a parent to leave his or her child at a safely
surrender site. Factors such as post-partum depression, other
mental health issues, language barriers and lack of public
awareness may prevent a woman from being able to make a
decision so quickly after having a baby.
"Extending the date from the current 72-hour provision to 30
days may save the lives of more babies in California."
2)Governor's Veto Message on AB 1873 (Torrico) : AB 1873
(Torrico), of the 2005-06 Legislative Session, is identical to
this bill and was vetoed. In his veto message, the Governor
stated, "The current 72-hour period contained in California
statutes allows for a 'no-questions asked' safe surrender of a
newborn and is supported by research and statistics that
indicate that most neonaticide occurs within the first day.
Some experts have raised concerns about this bill, which I
share, that instead of improving child safety, increasing the
time that a baby may be surrendered from 72 hours to 30 days,
will have the opposite effect, putting newborns in greater
risk by keeping them in an unsafe environment without proper
care and supervision."
3)Legislative Intent : The Safe-Surrender Law was enacted
because Penal Code provisions regarding abandonment and
neglect of children often discourage women, who are likely to
be young, unmarried, and not ready to face the
responsibilities of parenthood, from seeking help immediately
after their babies are born, either for themselves or for the
babies. The law sought to remedy this situation for a new
mother or any person who finds himself or herself with custody
of a newborn baby and who wants to remain anonymous by
providing immunity from prosecution if he or she surrenders
custody of the newborn baby in a hospital emergency room or
other county-designated facility. The Safe-Surrender Law was
implemented to target those in severe crisis which places
newborn babies at imminent risk of harm. It is questionable
whether extending the surrender period from 72 hours to 30
days serves the original legislative intent of this law.
4)Existing Research on the Current Surrender Period : The
Emergency Pediatric Care Journal reported in 2003 that
"newborns are at the greatest risk of homicide during the
first day of life; this time-frame constitutes 83% of all
infants killed." Supporting this data, a 2002 Centers for
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Disease Control study conducted on infant death data from 1989
to 1998 also found that infants are at the greatest risk for
homicide during the first week of infancy and the first day of
life. In addition thereto, the study established that the
homicide rate on the first day of life was more than 10 times
greater than the rate during any other time of life.
5)Arguments in Support : The American Federation of State,
County and Municipal Employees states, "The Safe Surrender
Program has been instrumental in preventing the abandonment of
infants soon after birth, providing safe place, and eventually
good homes, for children who might otherwise be left on their
own. The danger of abandonment does not end after three days.
This bill would give an effective program the power to help
more children at risk of neglect or abandonment."
6)Arguments in Opposition : The County Welfare Directors
Association of California states, "The Safe-Surrender Law
targets women who are in severe crisis, placing their newborn
babies at imminent risk of harm. Research indicates that some
women are in such denial about their pregnancies that newborns
are at great risk of being killed or abandoned shortly after
birth, and the risk is greatest within the first two days of
life . . . .
"The overarching policy of anonymity for women who surrender
their babies under the current law would be compromised by the
time a child is more than a few days old. It is unrealistic
to believe that a woman would be able to conceal the birth of
a child from friends and family members for 30 days, would be
willing and able to care for the child for some period of
time, and would only then decide to abandon her baby."
7)Prior Legislation :
a) AB 1873 (Torrico), of the 2005-06 Legislative Session,
is identical to this bill and was vetoed.
b) SB 116 (Dutton), Chapter 625, Statutes of 2005, deleted
the sunset date of January 1, 2006 from the Safe-Surrender
Law.
c) SB 139 (Brulte), Chapter 150, Statutes 2003, provides
that a child may now be surrendered at any hospital or
other designated safe-surrender site. Previously, a
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designated employee at a hospital emergency room or other
location was the only person permitted to accept a baby.
In addition, SB 139 provides for confidentiality of
personal identifying information of the person surrendering
the baby and requires all safe-surrender sites to post a
sign incorporating the statewide logo that has been adopted
by the DSS that notifies the public of the location where a
child can be safely surrendered.
d) AB 2817 (Maddox), Chapter 1099, Statutes 2002, requires
school districts to include information regarding the
Safe-Surrender Law in sex education classes.
e) SB 1368 (Brulte), Chapter 824, Statutes of 2000, enacted
the provisions governing the surrender of a newborn by a
parent or other responsible person to a safe-surrender site
where the abandoned newborn may receive medical and other
care until the county takes over custody of the newborn.
SB 1368 was introduced to provide mothers of unwanted
newborns a safe alternative to abandonment of children in
trash bins, alleys, or other places where the babies would
be unprotected and could die. In order to reduce the
number of abandoned babies and give those babies the chance
to survive, SB 1368 provided a safe place (such as an
emergency room of a hospital) where a person may surrender
the baby and may retrieve the baby within a specified
period. Additionally, immunity from criminal penalties
under the child abandonment laws is granted to the parent
and/or person who delivered the baby to the safe-surrender
site. SB 1368 contained a sunset date of January 1, 2006.
REGISTERED SUPPORT / OPPOSITION :
Support
American College of Obstetricians and Gynecologists, District
IX/CA
American Federation of State, County and Municipal Employees
California Catholic Conference
California Fire Chiefs Association
California Professional Firefighters
City of Moreno Valley
Fire Districts Association of California
Peace Officers Research Association
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Opposition
Bastard Nation
California Right to Life Committee, Inc.
California State Association of Counties
County Welfare Directors Association of California
Los Angeles District Attorney's Office
Supervisor, Fourth District, County of Los Angeles
1 Private Individual
Analysis Prepared by : Nicole J. Hanson / PUB. S. / (916)
319-3744