BILL ANALYSIS
AB 2417
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CONCURRENCE IN SENATE AMENDMENTS
AB 2417 (Cook)
As Amended August 4, 2010
Majority vote
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|ASSEMBLY: |71-0 |(May 10, 2010) |SENATE: |32-0 |(August 11, |
| | | | | |2010) |
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Original Committee Reference: JUD.
SUMMARY : Clarifies how a tribal customary adoption background
check must be completed. Specifically, this bill :
1)Clarifies that a state and federal background check conducted
through the Department of Justice (DOJ) must be conducted for
the prospective adoptive parents and any person residing in
the home over 18 prior to final approval of a tribal customary
adoptive placement. Provides that if the tribe conducts its
own home study, the public adoption agency that is otherwise
authorized to obtain criminal background information must
perform the state and federal criminal background check
through the DOJ.
2)Clarifies that tribal customary adoptive parents will have all
of the rights and duties as any other adoptive parent after
the tribal adoption order has been issued and afforded full
faith and credit by the state court, supervision of the
adoptive placement has been completed, and the state court has
issued a final decree of adoption.
3)Makes various grammatical and other non-substantive changes in
order to provide clarification and correct technical defects
that exist in various statutory provisions.
The Senate amendments clarify:
1)That the public adoption agency must conduct the criminal
background through the DOJ, as provided.
2)When customary adoptive parents receive the same rights and
duties as other adoptive parents.
EXISTING LAW :
AB 2417
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1)Requires a state and federal criminal background check through
DOJ be conducted on the prospective tribal customary adoptive
parents and on persons over 18 years of age residing in their
household.
2)Provides that, upon the tribe choosing a designee to conduct
the home study, the designee shall perform the state and
federal criminal background check.
3)Provides that, upon the tribe conducting its own home study,
the agency that has the placement and care responsibility of
the child shall perform the state and federal criminal
background check.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version approved by the Senate.
FISCAL EFFECT : None
COMMENTS : This bill makes clarifying and technical changes to
the tribal adoption process, established last year by AB 1325
(Cook), Chapter 287, Statutes of 2009. Most significantly this
bill clarifies that, prior to the final approval of an adoptive
placement, a background check must be conducted through the DOJ
on the prospective tribal customary adoptive parents and on
persons over 18 years of age residing in their household.
Current law requires the tribe or its designee, as specified, to
conduct an adoptive home study prior to final approval of an
adoptive placement. It establishes the standard for evaluating
the adoptive home as the prevailing social and cultural
standards of the child's tribe. Additionally, it requires the
tribe or its designee to conduct specified background checks to
the extent required by federal law as a condition of receiving
federal foster care funding. The state and federal criminal
background check is conducted through DOJ. This bill clarifies
the required background check must be done through DOJ prior to
final approval of the adoptive placement.
Analysis Prepared by : Leora Gershenzon / JUD. / (916)
319-2334
AB 2417
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FN: 0005673