BILL NUMBER: AB 973	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Audra Strickland

                        FEBRUARY 26, 2009

   An act to amend Section 305.6 of the Welfare and Institutions
Code, relating to minors.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 973, as introduced, Audra Strickland. Minors: temporary
custody.
   Existing law authorizes a peace officer to take into temporary
custody a minor who is in a hospital if the release of the minor to a
prospective adoptive parent poses an immediate danger to the minor's
health or safety. However, existing law prohibits a peace officer
from taking into custody, without a warrant, a newborn child who is
in a hospital, who tested positive for illegal drugs or whose birth
mother tested positive for illegal drugs, who is the subject of an
adoption petition and an adoption placement agreement, and whose
release to the prospective adoptive parents does not pose an
immediate danger to him or her.
   This bill, instead of that latter provision, would prohibit a
peace officer from taking into custody, without a warrant, a newborn
who is the subject of a proposed adoption, before an adoption
petition has been signed. This bill would also allow the Health
Facility Minor Release Report to be signed by the adoptive parent's
attorney or authorized representative, or by a licensed adoption
agency, and allow the release of the minor to the adoptive parent's
attorney, authorized representative, or a licensed adoptive agency,
when it does not pose an immediate danger to the minor.
   Existing law also requires the adoptive parent or parents or their
representative to provide a copy of the Health Facility Minor
Release Report and a copy of the petition for adoption to the local
child protective services agency or to the peace officer who is at
the hospital to take the minor into custody.
   This bill would allow a statement, signed by either the
prospective adoptive parents or an authorized representative of the
adoption agency, that the minor is the subject of a proposed adoption
in lieu of a copy of the petition for adoption. This bill would also
require a copy of a written statement from the prospective adoptive
parents or adoption agency personnel agreeing to immediately notify
local child protective services if the adoption plan is terminated.
   Existing law requires the prospective adoptive parents or their
representative to provide a copy of the petition for adoption and
documents evidencing licensure as a foster parent.
   This bill would instead require the prospective adoptive parents
to submit a written statement of their intent to adopt the minor, and
a written statement agreeing to notify local child protective
services if adoption plan is terminated, in addition to documents
evidencing licensure as a foster parent.
   Existing law allows a copy of an adoption placement agreement
signed by the placing birth parent or birth parents and the
prospective adoptive parents to be used in place of the Health
Facility Minor Release Report.
   This bill would also allow a letter from a licensed adoption
agency stating the minor is placed with the prospective adoptive
parents for the purposes of adoption to be used in place of the
Health Facility Minor Release Report.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 305.6 of the Welfare and Institutions Code is
amended to read:
   305.6.  (a) Any peace officer may, without a warrant, take into
temporary custody a minor who is in a hospital if the release of the
minor to a prospective adoptive parent poses an immediate danger to
the minor's health or safety.
   (b) (1) Notwithstanding subdivision (a) and Section 305, a peace
officer may not, without a warrant, take into temporary custody a
minor who is in a hospital if all of the following conditions exist:
   (A) The minor is a newborn who tested positive for illegal drugs
or whose birth mother tested positive for illegal drugs.
   (B) The minor is the subject of a  petition for 
 proposed adoption and a Health Facility Minor Release
Report, prescribed by the department, has been completed by the
hospital, including the marking of the boxes applicable to an
independent adoption or agency adoption planning, and signed by the
placing birth parent or birth  parents and  
parents, as well as either the prospective adoptive parent or
parents,  their attorney, or an authorized representative of a
licensed adoption agency,  prior to the discharge of the birth
parent or the minor from the hospital. Prior to signing of the Health
Facility Minor Release Report, the birth parent or birth parents
shall be given a notice written in at least 14-point pica type,
containing substantially the following statements:
   (i) That the Health Facility Minor Release Report does not
constitute consent to adoption of the minor by the prospective
adoptive parent or parents, or any other prospective adoptive parent
or parents.
   (ii) That the Health Facility Minor Release Report does not
constitute a relinquishment of parental rights for the purposes of
adoption.
   (iii) That the birth parent or birth parents or any person
authorized by the birth parent or birth parents may reclaim the minor
at any time from the prospective adoptive parent or parents or any
other person to whom the minor was released by the hospital, until an
adoption placement agreement or a relinquishment is signed by the
birth parent or birth parents.
   This notice shall be signed by the birth parent or birth parents
and attached to the Health Facility Minor Release Report.
   (C) The release of the minor to a prospective adoptive parent or
 parents   parents, their attorney, or an
authorized representative of a licensed adoption agency,  does
not pose an immediate danger to the minor.
   (D) An attorney or an adoption agency has provided documentation
stating that he or she, or the agency, is representing the
prospective adoptive parent or parents for purposes of the adoption.
In the case of an independent adoption, as defined in Section 8524 of
the Family Code, the attorney or adoption agency shall provide
documentation stating that the prospective adoptive parent or parents
have been informed that the child may be eligible for benefits
provided pursuant to the Adoption Assistance Program, as set forth in
Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9,
only if, at the time the petition is filed, the child has met the
requirements to receive federal supplemental security income benefits
pursuant to Subchapter XVI (commencing with Section 1381) of Chapter
7 of Title 42 of the United States Code, as determined and
documented by the federal Social Security Administration.
   (E) The prospective adoptive parent or parents or their 
representative provides a copy of the Health Facility Minor Release
Report with the signed notice to the birth parent or birth parents as
described in subparagraph (B) and a copy of the petition for
adoption to the local child protective services agency or to the
peace officer who is at the hospital to take the minor into temporary
custody.   attorney, or an authorized representative of
a licensed adoption agency, provides all of the following to the
local child protective services agency or to the peace officer who is
at the hospital to take the minor into temporary custody:  

   (i) A copy of the Health Facility Minor Release Report with the
signed notice to the birth parent or birth parents as described in
subparagraph (B).  
   (ii) A copy of the petition for adoption or a statement signed by
either the prospective adoptive parents or an authorized
representative of the adoption agency, that this child is the subject
of a proposed adoption.  
   (iii) A copy of a written statement that the prospective adoptive
parents or adoption agency personnel will immediately notify the
local child protective services agency if the adoption plan is
terminated for any reason. 
   (2) Notwithstanding Section 305 or subdivision (a) of this
section, a peace officer may not, without a warrant, take into
temporary custody a minor who is in a hospital if all of the
following conditions exist:
   (A) The minor is a newborn who tested positive for illegal drugs
or whose birth mother tested positive for illegal drugs.
   (B) The minor is the subject of a  petition for 
 proposed  adoption and a prospective adoptive parent or
prospective adoptive parents have been licensed  or certified
 to act as a foster parent or foster parents of the minor
pending  the filing or  finalization of the petition for
adoption.
   (C) The release of the minor to the prospective adoptive parent or
prospective adoptive parents does not pose an immediate danger to
the minor.
   (D) The prospective adoptive parent or parents or their
representative provides  to the local child protective services
agency or to the peace officer who is at the hospital to take the
minor into temporary custody  a copy of the  petition
for adoption and  documents evidencing licensure as a foster
parent or foster  parents to the local child protective
services agency or to the peace officer who is at the hospital to
take the minor into temporary custody   parents, as well
as a written statement of their intent to adopt the child, and a
written statement agreeing to notify the local child protective
services agency if the adoption plan is terminated for any reason
 . 
   (3) If at the time the minor is released to the custody of a
prospective adoptive parent or parents or their representative
pursuant to paragraph (1) or (2), the petition for adoption of the
minor has not been filed with the court, the petition for adoption
shall be filed within 15 calendar days of the date the birth parent
was released from the hospital.  
   (4) 
    (3)  A copy of an adoption placement agreement signed by
the placing birth parent or birth parents and the prospective
adoptive parent or parents may be used in place of the Health
Facility Minor Release Report and notice to the birth parent or birth
parents as described in subparagraph (B) of paragraph (1). 
   (4) A letter from a licensed adoption agency stating that the
minor is placed with the prospective adoptive parents for the
purposes of adoption may be used in place of the Health Facility
Minor Release Report and notice to the birth parent or birth parents
as described in subparagraph (B) of paragraph (1). 
   (c) Nothing in this section is intended to create a duty that
requires law enforcement to investigate the prospective adoptive
parent or parents.