BILL ANALYSIS �
AB 1757
Page 1
Date of Hearing: May 2, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 1757 (Fletcher) - As Amended: April 11, 2012
Policy Committee: JudiciaryVote:10
- 0
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill is the annual omnibus adoption bill from the Academy
of California Adoption Lawyers. Specifically, this bill:
1)In a stepparent adoption, allows a licensed clinical social
worker or marriage and family therapist who is performing the
investigation for the stepparent adoption to also help
identify the child's natural father.
2)Clarifies the timelines for setting initial hearings and
contested trials in cases involving termination of parental
rights of presumed fathers and mothers by requiring that a
proceeding to declare a child free from parental custody and
control be set for hearing not more than 45 days after filing
of the petition
3)Allows birth parents utilizing an agency for an adoption to
waive their right to revoke relinquishment of their child for
adoption, just as birth parents going through an independent
adoption may now do.
4)In a probate guardianship proceeding, requires the court
investigator, unless waived by the court, to investigate every
proposed guardianship and report recommendations to the court.
Requires the report to be made available to all parties at
least three days before the guardianship hearing.
5)Allows the court to refer any case of possible child abuse or
neglect to the child welfare agency. Allows the court,
pending completion of the child welfare investigation, to take
any reasonable steps to protect the child's safety. Stays the
AB 1757
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guardianship case if dependency proceedings are initiated.
Requires any recommendation regarding commencing a
guardianship proceeding made by the child welfare social
worker to be provided to the person requesting the dependency
investigation.
FISCAL EFFECT
1)As this legislation is primarily clarifying, there are no new
costs for the courts.
2)Costs for the county child welfare departments should be minor
and absorbable within existing resources.
COMMENTS
Rationale . This bill comes from stakeholders in the adoption
community who have identified statutes that require
clarification or consolidation. Laws that govern adoption
processes are spread throughout the Family Code, Welfare &
Institutions Code, and Probate Code. As these code sections are
gradually amended, they may often conflict with other sections,
resulting in contradictory provisions. The author notes that
the laws become confusing and convoluted and are often
misinterpreted and misapplied in judicial procedures, presenting
unnecessary and costly hurdles to parents that would like to
adopt. This bill reconciles the various inconsistencies in
statute to clarify adoption law and streamline adoption
processes.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081