Bill Text: CA SB1040 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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BILL NUMBER: SB 1040	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Hill

                        FEBRUARY 12, 2016

   An act to amend Section 8609 of, and to add Chapter 9 (commencing
with Section 9220) to Part 2 of Division 13 of, the Family Code,
relating to children.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1040, as introduced, Hill. Adoptions.
   Existing law makes it a misdemeanor for a person or organization
to advertise adoption services in any periodical or newspaper, by
radio, or by other public medium, if the person or organization does
not hold a valid license to place children for adoption.
   This bill would additionally make it a misdemeanor for these
persons or organizations to advertise adoption services using an
electronic means of communication, including, but not limited to,
email, an Internet Web site, an Internet profile, or another
computerized communication system. By expanding the scope of a crime,
this bill would impose a state-mandated local program.
    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.
   This bill would prohibit the rehoming of an adopted child, as
defined. The bill would also require the department to adopt
regulations to ensure that postadoptive services are provided to
adoptive parents who seek the assistance of the department.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 8609 of the Family Code is amended to read:
   8609.  (a) Any person or organization that, without holding a
valid and unrevoked license to place children for adoption issued by
the department,  advertises in any periodical or newspaper,
by radio, or other public medium,   advertises 
that he, she, or it will place children for adoption, or accept,
supply, provide, or obtain children for adoption, or that causes any
advertisement to be published  in or by any public medium
 soliciting, requesting, or asking for any child or children
for  adoption   adoption, using any of the
following mediums,  is guilty of a  misdemeanor.
  misdemeanor:  
   (1) A periodical or newspaper, radio, or any other public medium.
 
   (2) An electronic means of communication, including, but not
limited to, email, an Internet Web site, an Internet profile, or
another computerized communication system. 
   (b) Any person, other than a birth parent, or any organization,
association, or corporation that, without holding a valid and
unrevoked license to place children for adoption issued by the
department, places any child for adoption is guilty of a misdemeanor.

  SEC. 2.  Chapter 9 (commencing with Section 9220) is added to Part
2 of Division 13 of the Family Code, to read:
      CHAPTER 9.  RE-HOMING


   9220.  (a) An adoptive parent, an individual, or an entity having
custody of an adopted minor shall not rehome an adopted minor.
   (b) For purposes of this chapter, "rehome" or "rehoming" means an
action taken to facilitate a transaction through electronic means or
otherwise by an adoptive parent, an individual, or an entity having
custody of an adopted minor that is done with both of the following:
   (1) Without court approval.
   (2) To avoid permanent parental responsibility by placing the
minor in the physical custody of another person or entity, except as
provided in subdivision (c).
   (c) This section does not apply to any of the following:
   (1) A child placed with a relative, as defined by paragraph (2) of
subdivision (c) of Section 361.3 of the Welfare and Institutions
Code.
   (2) A child placed with a nonrelative extended family member, as
defined by Section 362.7 of the Welfare and Institutions Code.
   (3) Temporary placement of a minor by a parent, individual, or
entity for a designated short-term period with a specified intent and
time period for return of the minor, if the temporary placement is
due to a vacation or a school-sponsored function or activity or the
incarceration, military service, medical treatment, or incapacity of
a parent or guardian.
   9221.  In order to address and present circumstances in which an
adoptive parent, individual, or entity having custody of an adopted
minor seeks to rehome an adopted minor, the State Department of
Social Services shall adopt regulations to ensure that postadoptive
services are provided to adoptive parents who seek the assistance of
the department.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.