BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 973|
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THIRD READING
Bill No: AB 973
Author: Audra Strickland (R)
Amended: 8/3/10 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-0, 6/15/10
AYES: Corbett, Harman, Hancock, Leno, Walters
ASSEMBLY FLOOR : 68-0, 1/27/10 - See last page for vote
SUBJECT : Minors: temporary custody
SOURCE : Author
DIGEST : This bill, until January 1, 2013, revises the
current requirements that must be met before prospective
adoptive parents may take a drug-exposed newborn into
temporary custody from the hospital.
Senate Floor Amendments of 8/3/10 establish additional
requirements for prospective adoptive parents when they
take a newborn minor home from the hospital.
ANALYSIS : Existing law allows a peace officer, without a
warrant, to take into temporary custody a minor who is in a
hospital when release of the minor to a parent poses an
immediate danger to the child's health or safety. (Section
305.6 of the Welfare and Institutions Code [WIC])
Existing law provides that a peace officer may, without a
CONTINUED
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warrant, take a minor who is in the hospital into temporary
custody if release of the minor to a prospective adoptive
parent poses an immediate danger to the minor's health or
safety. (WIC Section 305.6)
Existing law prevents a peace officer, without a warrant,
from taking a child into custody if all of the following
conditions exist:
1. The minor or the birth mother tested positive for
illegal drugs.
2. The minor is the subject of a petition for adoption.
3. A Health Facility Minor Release Report (HFMR) has been
completed by the hospital and signed by the placing
birth parent(s) and the adoptive parent, with boxes
marked applicable to an independent adoption or an
agency adoption, prior to the discharge of the child. A
copy of an adoption placement agreement signed by the
placing birth parent or parents and the prospective
adoptive parent or parents may be used in place of the
HFMR.
4. The attorney or agency provides documentation stating
that he or she or the agency is representing the
prospective adoptive parents for the purposes of the
adoption.
5. Release of the minor to the prospective adoptive parents
does not pose an immediate danger to the child.
6. Prior to signing the HFMR, the birth parent(s) must be
given a notice, as specified, stating among other things
that the HFMR does not constitute consent to the
adoption or a relinquishment of parental rights, and
that the birth parent(s) may reclaim the minor from the
prospective adoptive parents until an adoption placement
agreement or relinquishment is signed by the birth
parent(s).
7. The prospective adoptive parents or their representative
must provide a copy of the HFMR with the signed notice
to the birth parent(s) and a copy of the petition for
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adoption to the local child protective services agency
or the peace officer who is at the hospital to take the
minor into temporary custody. (WIC Section 305.6)
This bill provides that a peace officer may, without
warrant, take a minor who is in the hospital into temporary
custody if release of the minor to a prospective adoptive
parent or a representative of a licensed adoption agency
poses an immediate danger to the child's health or safety.
This bill provides that, notwithstanding the above
provisions, a peace officer may not, without a warrant,
take into custody a newborn who is in the hospital if,
among other things, all of the following apply:
1. The newborn or birth mother tested positive for illegal
drugs.
2. The newborn is the subject of a proposed adoption, as
opposed to a petition for adoption.
3. An HFMR Report has been completed by the hospital and
signed by the placing birth parent(s), as well as either
the prospective adoptive parent(s) or an authorized
representative of a licensed adoption agency, prior to
the discharge of the child or birth parent and that
prior to signing the HFMR Report, the birth parent(s)
have been given a notice that the HFMR Report does not
constitute consent to adoption or relinquishment of
parental rights and that the birth parents may reclaim
the child at any time as provided.
4. Release of the newborn to a prospective adoptive parent
or an authorized representative of a licensed adoption
agency does not pose an immediate danger to the child.
5. The prospective adoptive parents or the representative
of a licensed adoption agency have provided the peace
officer in the hospital to take custody of the newborn
with the following documents: (a) a fully executed HFMR
Report, (b) a properly executed form developed by the
Department of Social Services stating that the child is
the subject of a proposed adoption; the names and
contact information for all parties, (c) an agreement to
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provide a conformed copy of the adoption request to the
county child welfare agency within five days after
filing, and (d) a declaration that the prospective
adoptive parent(s) or representative of the licensed
adoption agency will comply with specified requirements.
This bill requires that, if the adoption plan is terminated
for any reason, the prospective adoptive parents or the
licensed adoption agency immediately notify the county
child welfare agency.
This bill provides that, before the prospective adoptive
parents or the licensed adoption agency may release the
minor to the birth parent(s) or any designee of the birth
parent(s), the county child welfare agency or law
enforcement must have completed an investigation and
determined that release of the minor to the birth parent or
designee will not create an immediate risk to the health or
safety of the minor.
This bill provides that in every independent adoption
proceeding, the prospective adoptive parent(s) shall file
with the court either an adoption request within 10 working
days after execution of an adoption placement agreement, or
guardianship petition within 30 calendar days after the
child's discharge from the hospital, whichever is earlier.
This bill sunsets on January 1, 2013.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/4/10)
Academy of California Adoption Lawyers
California State Association of Counties
County Welfare Directors Association of California
Family Law Section of the State Bar
ARGUMENTS IN SUPPORT : According to the author's office,
this bill seeks to correct a problem caused by
inconsistency in California's adoption law, which prevents
mothers from ensuring that their newborn goes home with
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adoptive parents instead of entering the foster care
system.
In support, the County Welfare Directors Association of
California writes: "This legislation seeks to ensure that
a newborn that tests positive for a controlled substance at
birth can be safely taken home from the hospital by an
adoptive family or representative of an adoption agency.
Current law allows for this to occur when the baby is the
subject of a legitimate adoption, but the law is structured
in such a manner that the statutorily required
documentation that must be provided by the adoptive family
or adoption agency cannot actually be provided at the time
of the baby's birth. This has caused confusion among
hospital personnel, county law enforcement and child
welfare agencies, and adoptive parents and agencies."
Also in support, the Academy of California Adoption Lawyers
writes: "These changes provide a stronger law that will
allow those 'positive tox' infants who have an adoption
plan to be released from the hospital while retaining the
ability of the social workers or law enforcement to
intercede if they believe it is necessary. Additionally,
if the birth mother seeks to reclaim her child, the
amendments provide for a process that ensures that Child
Welfare is informed and signs off in order to protect the
child."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Bradford, Brownley, Buchanan, Caballero, Charles
Calderon, Chesbro, Conway, Cook, Coto, De La Torre,
Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes,
Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore,
Hagman, Harkey, Hayashi, Hernandez, Hill, Huber, Huffman,
Jeffries, Jones, Knight, Lieu, Logue, Bonnie Lowenthal,
Ma, Mendoza, Miller, Monning, Nava, Nestande, Niello,
Nielsen, John A. Perez, Portantino, Ruskin, Saldana,
Silva, Smyth, Solorio, Audra Strickland, Swanson, Torres,
Torrico, Tran, Villines, Yamada
NO VOTE RECORDED: Carter, Davis, De Leon, DeVore, Hall, V.
Manuel Perez, Salas, Skinner, Torlakson, Bass
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RJG:mw 8/4/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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