BILL ANALYSIS
AB 1048
Page 1
Date of Hearing: May 6, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 1048 (Torrico) - As Amended: March 31, 2009
Policy Committee: Public
SafetyVote: 5-0
Judiciary 8-2
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill extends, from 72 hours to 30 days, the age at which a
child may be left at a designated safe surrender site. This bill
also:
1)Adds a local fire agency, upon the approval of the appropriate
local governing body of the agency, to the designated safe
surrender sites. (Current sites are either designated by
boards of supervisors, or are locations within a hospital, as
designated by the hospital.
2)Requires, by July 1, 2010, the Department of Social Services
(DSS) to convene a workgroup, as specified, to disseminate
updated instructions to counties regarding the provisions of
the safe surrender program.
3)Requires, by January 1, 2013, DSS to begin reporting to the
Legislature, on an annual basis, specified information and
statistics related to the safe surrender program,
FISCAL EFFECT
1)Minor, potentially state-reimbursable costs for local entities
and governments to consult on the designation of
safe-surrender sites.
2)The bill specifies that the required DSS workgroup activities,
which would likely cost at least $150,000 for staff time and
development and dissemination of specified materials, must be
funded by available moneys from the State Children's Trust
AB 1048
Page 2
Fund, the CA Children and Families Commission, or private
donations.
The State Children's Trust Fund is currently spending about $3
million more than the $1.1 million it brings in via fees and
licensing.
The CA Children and Families Trust Fund (Proposition 10/"First
5"), is currently designated for a redirection of $608 million
to the GF in 2009-10 by Proposition 1D, pending the May 19
statewide election. The LAO estimates the Children and
Families Trust Fund will bring in about $500 million in
2009-10.
3)Minor annual GF costs, likely in the range of $25,000, for DSS
reporting costs regarding the safe surrender program.
COMMENT
1)Rationale. The author contends the safe-surrender law should
be expanded and advertised, citing 22 other states that
provide more than a month to surrender an infant.
"A survey of these states elicited two primary rationales for
the extended period. The first was a general desire to provide
sufficient time for a parent to take a responsible course of
action. The second was the correlation between the onset of
postpartum depression and infanticide or abuse. In our
neighboring state, Nevada, (which allows 30 days)
Assemblywoman Barbara Cegavske responded that they were trying
to leave enough time and space in between when a mother
abandoned her baby and went through any postpartum depression
episodes that might be experienced.
"According to the Diagnostic and Statistical Manual of Mental
Disorders, Fourth Edition, postpartum depression is defined as
episodes of depression beginning within 4 weeks of giving
birth. Cases in which postpartum depression poses the
greatest danger to the child is when the mother is suffering
from postpartum psychotic depression. Postpartum psychotic
depression can occur within 3 weeks of birth and often goes
unnoticed as the women that suffer from postpartum depression
may appear well."
According to a June 2008 DSS report on the safe surrender law,
AB 1048
Page 3
251 newborns have been safely surrendered in California since
the advent of the safe surrender law in 2001, while an
additional 149 infants were found alive during this period
following illegal abandonment.
The author disputes these figures. "The 175 abandoned babies
DSS reported is, first, misleading and second, still an
astoundingly significant number of lives that could have been
saved by changes to the current law. In 2008, the State
Auditor found that 404 babies had actually been abandoned
since the inception of the law and the figure DSS had reported
was based on abandoned babies younger than seven days."
2)The need for DSS to prepare and disseminate updated
information . The author notes the existing law does not
require any governmental entity to administer and enforce the
law, much less establish awareness. There are varying levels
of understanding from county to county. This lack of clear
comprehension of the law poses significant problems for those
seeking information and those providing information.
"In California, there are over 6 million limited English
proficient residents and currently, informational pamphlets
have only been available in English and Spanish. Without
access to information for the nearest safe surrender sites and
confusion among county experts, it appears unreasonable to
expect a desperate mother to safely surrender within the 72
hour window."
3)Current law, established by SB 1368 (Brulte, 2000), provides
for the surrender of a newborn by a parent or other
responsible person to a safe-surrender site. SB 1368 was
intended to provide mothers of unwanted newborns a safe
alternative to abandoning infants in places where babies would
likely die. SB 1368 designated safe places (such as an
emergency room of a hospital) where a person can surrender a
baby, with no questions asked, and retrieve the baby within a
14-day period, as specified, with immunity from criminal
penalties under child abandonment laws.
4)Other States . According to an April 2009 policy brief by the
Guttmacher Instititute - a nonprofit organization focused on
sexual and reproductive health research, policy analysis and
public education - all 50 states have legalized relinquishment
(32 of which authorize anonymous relinquishment and legal
AB 1048
Page 4
immunity, while others request medical information and/or
investigate missing child status): 16 for 72 hours; 11 for
five days to three weeks; 14 for 28 to 31 days: five for 45 to
90 days, and two (North Dakota and Missouri) for one year.
5)Opposition , which includes the County Welfare Directors'
Association, the CA State Association of Counties, and L.A.
County, centers on the extension of 72 hours to 30 days, based
on the premise that the original 72-hour period was designed
to deal with the immediate emotional period in which most
infant homicides occur, rather than a protracted period during
which a child may be relinquished, but not anonymously.
The County Welfare Directors Association (CWDA) contends this
bill "is not supported by research on baby abandonment, would
run counter to the policy of anonymity for women who surrender
their babies, and would bypass more appropriate existing
methods for helping parents whose babies are older than a few
days."
According to CWDA, the existing voluntary relinquishment
process enables parents to voluntarily place children who are
older than three days up for adoption. Voluntary
relinquishment offers safeguards to birth parents, the child
and the adoptive parents. Moreover, voluntary placement rules
allow a parent to place a child in foster care for up to six
months. These two paths, according to CWDA, offer short- and
long-term options for parents who are overwhelmed or are
suffering from post-partum depression. These options, which
are easily accessed at the local level, would also allow for
the collection of important medical history information,
provide full disclosure and due process for both the mother
and father of the baby, and allow for potential future contact
between the baby and the birth family.
6)Related legislation.
a) AB 2262 (Torrico, 2008) was similar to AB 1048 and was
vetoed. The governor stated, "I have vetoed similar
measures twice before and there is no new data or
information to support a change in my position.
California's Safe Surrender Law is carefully crafted to
provide an emergency alternative to a woman in crisis while
also reserving the fundamental rights of a child."
AB 1048
Page 5
b) AB 81 (Torrico, 2007) was similar to AB 1048 and was
vetoed. The governor stated, "The current 72-hour period
contained in law allows for a no-questions-asked safe
surrender of a newborn, and is supported by research and
statistics which indicate that most neonaticide occurs
within the first day. Experts have raised concerns that
instead of improving child safety, increasing the time that
a baby may be surrendered from 72 hours will put newborns
in greater risk by keeping them in an unsafe environment
without proper care and supervision."
c) AB 1873 (Torrico, 2006) was similar to AB 1048 and was
vetoed with a similar message.
d) SB 139 (Brulte), Chapter 150, Statutes 2003, provides a
child may be surrendered at any hospital or other
designated safe-surrender site. Previously, a designated
employee at a hospital emergency room or other location was
the only person permitted to accept a baby.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081