AB 20 — Postadoption contact agreements: reinstatement of parental rights.

Summary

Existing law provides that a child may be adjudged to be a dependent of the juvenile court because of abuse or neglect. Existing law requires the court to review the status of certain dependent children no less frequently than once every 6 months and requires a supplemental report to be filed as part of that review. Existing law requires, when the report is regarding a child for whom the court has ordered parental rights terminated and who has been ordered placed for adoption, or, for an Indian child for whom parental rights are not being terminated and a tribal customary adoption is being considered, the report to include, among other things, a description of whether the final adoption order should include provisions for postadoptive sibling contact. This bill would instead require the report to include a description, if applicable, of the status of the postadoptive sibling agreement. Existing law provides a procedure for permanently terminating parental rights with regard to a child who has been adjudged a dependent child of the juvenile court. Existing law requires the social worker or probation officer to give notice of a hearing to terminate parental rights to specified individuals, including, among others, any known sibling of the child who is the subject of the hearing if the sibling is either the subject of a dependency proceeding or has been adjudged a dependent child of the juvenile court. This bill would also require that notice be provided to siblings who are nonminor dependents as well as to the child's Court-Appointed Special Advocate, if one has been appointed. The bill would establish a procedure for certain children and nonminor dependents for whom the parental rights of their biological parent or parents were terminated to petition the court to reinstate or modify their biological parent's or parents' parental rights, as specified. Existing law requires, if parental rights are terminated and the court orders a dependent child or ward to be placed for adoption, the county, to the extent practicable, to convene a meeting with the child, the sibling or siblings of the child, the prospective adoptive parent or parents, and a facilitator for the purpose of deciding whether to voluntarily execute a postadoption sibling contact agreement. Existing law provides that the county placing agency is not required to convene a meeting to decide whether to voluntarily execute a postadoption sibling contact agreement if specified circumstances occur. This bill would instead specify that the purpose of the meeting is to discuss a postadoption sibling contact agreement within 90 days after termination of parental rights and prior to finalization of the adoption, as specified. Existing law allows, in an adoption proceeding, for continuing contact between the birth relatives and a child if a postadoption contact agreement is entered into voluntarily and is in the best interests of the child at the time the adoption petition is granted. Existing law specifies that a postadoption contact agreement with siblings with whom the child does not have a preexisting relationship may only include provisions for the sharing of information about the child. This bill would permit a postadoption contact agreement with siblings with whom the child does not have a preexisting relationship to also include provisions for visitation and for future contact. The bill would make conforming changes. By increasing the duties of county placing agencies, this bill would impose a state-mandated local program. 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. This bill would incorporate additional changes to Section 8616.5 of the Family Code proposed by AB 1650 to be operative only if this bill and AB 1650 are enacted and this bill is enacted last.

Bill Text

• Enrolled 09/18/23 - Enrolled Current pdf September 18, 2023
• Amended 09/08/23 - Amended Senate pdf September 08, 2023
• Amended 03/15/23 - Amended Assembly pdf March 15, 2023
• Introduced 12/05/22 - Introduced pdf December 05, 2022
• AB20 View text html

Action History

1. February 12, 2024

   Consideration of Governor's veto stricken from file.

2. January 03, 2024

   Consideration of Governor's veto pending.

3. October 08, 2023

   Vetoed by Governor.

4. September 20, 2023

   Enrolled and presented to the Governor at 4 p.m.

5. September 13, 2023

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 3416.).

6. September 12, 2023

   In Assembly. Concurrence in Senate amendments pending.

7. September 12, 2023

   Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2662.).

8. September 11, 2023

   Read second time. Ordered to third reading.

9. September 08, 2023

   Read third time and amended. Ordered to second reading.

10. September 05, 2023

    Read second time. Ordered to third reading.

11. September 01, 2023

    From committee: Do pass. (Ayes 7. Noes 0.) (September 1).

12. August 14, 2023

    In committee: Referred to APPR suspense file.

13. July 05, 2023

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (July 3). Re-referred to Com. on APPR.

14. June 21, 2023

    From committee: Do pass and re-refer to Com. on HUMAN S. with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (June 20). Re-referred to Com. on HUMAN S.

15. June 07, 2023

    Referred to Coms. on JUD. and HUMAN S.

16. May 26, 2023

    In Senate. Read first time. To Com. on RLS. for assignment.

17. May 25, 2023

    Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 2. Page 1746.)

18. May 18, 2023

    Read second time. Ordered to third reading.

19. May 18, 2023

    From committee: Do pass. (Ayes 15. Noes 0.) (May 18).

20. May 10, 2023

    In committee: Set, first hearing. Referred to APPR. suspense file.

21. May 03, 2023

    In committee: Hearing postponed by committee.

22. April 19, 2023

    From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 18). Re-referred to Com. on APPR.

23. March 16, 2023

    Re-referred to Com. on HUM. S.

24. March 15, 2023

    Read second time and amended.

25. March 14, 2023

    From committee: Amend, and do pass as amended and re-refer to Com. on HUM. S. with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (March 14).

26. January 26, 2023

    Referred to Coms. on JUD. and HUM. S.

27. December 06, 2022

    From printer. May be heard in committee January 5.

28. December 05, 2022

    Read first time. To print.

Sponsors

• Mike A. Gipson · Primary
• Aisha Wahab · Cosponsor

Votes

Subjects