Bill Text: CA SB1040 | 2015-2016 | Regular Session | Enrolled
Bill Title: Postadoption instability: unlawful transfer of custody.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Vetoed) 2016-11-30 - Last day to consider Governor's veto pursuant to Joint Rule 58.5. [SB1040 Detail]
Download: California-2015-SB1040-Enrolled.html
BILL NUMBER: SB 1040 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 25, 2016
PASSED THE ASSEMBLY AUGUST 18, 2016
AMENDED IN ASSEMBLY AUGUST 15, 2016
AMENDED IN ASSEMBLY JUNE 21, 2016
AMENDED IN ASSEMBLY JUNE 8, 2016
AMENDED IN SENATE APRIL 26, 2016
AMENDED IN SENATE MARCH 28, 2016
INTRODUCED BY Senator Hill
(Coauthor: Assembly Member Mullin)
FEBRUARY 12, 2016
An act to add Chapter 9 (commencing with Section 9221) to Part 2
of Division 13 of the Family Code, relating to children.
LEGISLATIVE COUNSEL'S DIGEST
SB 1040, Hill. Postadoption instability: unlawful transfer of
custody.
Existing law regulates adoption services by the State Department
of Social Services, county adoption agencies, licensed adoption
agencies, and other adoption service providers and requires the
department to adopt regulations pertaining to those services.
Existing law makes it a misdemeanor for a parent of a minor to
willfully omit, without lawful excuse, to furnish necessary clothing,
food, shelter, or medical attendance, or other remedial care for his
or her child. Existing law makes it a crime for a parent of a child
under 14 years of age, and a person to whom the child has been
confided for nurture or education, to desert the child in any place
with intent to abandon the child, as specified. Existing law makes it
a misdemeanor for a parent or organization, without holding a valid
and unrevoked license to place children for adoption, to advertise in
a public medium, as specified, that he, she, or it will place
children for adoption, or accept, supply, provide, or obtain children
for adoption, or to cause an advertisement to be published in or by
a public medium soliciting, requesting, or asking for a child or
children for adoption.
This bill would require the State Department of Social Services,
in consultation with specified individuals and entities, to establish
a working group to review the challenges facing families with
adopted children, to identify resources within the community that
will assist families with these challenges, and to make
recommendations to the Legislature as to the services that may be
helpful to these families. The bill would require the working group
to meet no later than April 1, 2017, and would require the working
group's recommendations to be submitted in a report to the
appropriate policy committees of the Legislature on or before April
1, 2018.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 9 (commencing with Section 9221) is added to
Part 2 of Division 13 of the Family Code, to read:
CHAPTER 9. POSTADOPTION INSTABILITY AND UNLAWFUL TRANSFER OF
CUSTODY
9221. (a) The Legislature acknowledges that adoptive families
often face special challenges. This is particularly true in the case
of international adoptions, adoptions of special needs children, and
adoptions of dependent children who have experienced abuse, neglect,
and, often, multiple placements. The Legislature finds and declares
that it is the public policy of the State of California to assist
adoptive families and adopted children, and intends this section to
ensure that these families receive the support needed to maintain the
family unit, and when necessary, find new, permanent homes for
youth.
(b) (1) In order to address and prevent the circumstances in which
an adoptive parent seeks to engage in the unlawful transfer of the
custody of a child, the State Department of Social Services shall, in
consultation with child advocacy organizations, attorneys
specializing in adoption and guardianships, counsel representing
minors in dependency proceedings, the Judicial Council, the office of
the Attorney General, local law enforcement agencies, foster
caregiver organizations, county welfare officials, and individuals
with expertise in the area of positive youth development, establish a
working group to review the challenges facing families with adopted
children, to identify resources within the community that will assist
families with these challenges, and to make recommendations to the
Legislature as to the services that may be helpful to these families.
(2) In developing the recommendations, the working group shall
consider all of the following:
(A) Education and resources that would benefit prospective
adoptive families prior to an adoption, and whether certain services
and education should be required before an adoption can be completed.
(B) The specific challenges facing the following families:
families with special needs children, families with children adopted
through the foster care system, and families with internationally
adopted children.
(C) The distinct resources that are available to the different
types of families specified in subparagraph (B), and whether any of
the resources available to one type of family would also be
beneficial to another type.
(D) The training and education that are necessary to equip mental
health professionals with the tools necessary to provide the families
specified in subparagraph (B) with services tailored to their unique
needs.
(E) How to effectively recruit more prospective adoptive families
that are able to provide new, permanent, and loving homes to children
coming out of disrupted adoptions.
(F) The feasibility of creating a clearinghouse of persons and
entities that are knowledgeable in addressing the needs of, and
finding subsequent placements for, children at risk of having their
custody unlawfully transferred, including adoption agencies, social
workers, attorneys, mental health professionals, and prospective
adoptive parents.
(G) Data currently available at the state and local levels for
assessing the frequency of postadoption instability and the factors
and causes associated with postadoption instability. The working
group shall identify the gaps or limitations in data on postadoption
instability.
(H) Identified best practices for collecting and tracking, on an
ongoing basis, both quantitative and qualitative data to understand
the extent of postadoption instability and to tailor supports to meet
the needs of children and families experiencing postadoption
instability.
(I) An assessment of any gaps or limitations in existing law,
including provisions within the Penal Code, relating to the
solicitation to take custody of a minor and the subsequent taking of
custody of the minor without initiating a lawful guardianship
proceeding or adoption proceeding.
(c) (1) The working group shall meet no later than April 1, 2017.
The recommendations developed pursuant to this section shall be
submitted in a report to the appropriate policy committees of the
Legislature on or before April 1, 2018.
(2) A report to be submitted pursuant to this subdivision shall be
submitted in compliance with Section 9795 of the Government Code.
(3) The requirement for submitting a report pursuant to this
subdivision is inoperative on June 1, 2022, pursuant to Section
10231.5 of the Government Code.
(d) For purposes of this section, "postadoption instability"
includes regulated circumstances, including, but not limited to,
adoption nullification or dissolution, and unregulated circumstances,
including, but not limited to, the unlawful transfer of custody of
an adopted child from the adoptive parent to another person or
entity.
