California 2009-2010 Regular Session Status: Enacted

AB 1325 — Tribal customary adoption.

Last action — Chaptered by Secretary of State - Chapter 287, Statutes of 2009.

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 27, 2009. Enacted.

Prognosis

Likely to advance 80% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 6 sponsors

    1 primary, 5 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 10 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law governs the removal of a child who has suffered or is at risk of suffering abuse or neglect from the home of the child's parent or guardian and the placement of that child in foster care. These provisions require the juvenile court to, among other things, conduct noticed detention, periodic status review, and dispositional hearings regarding the child, and direct the court to order, review, and receive into evidence social studies or evaluations regarding the child, including recommendations for placement. Under certain circumstances, the juvenile court may terminate parental rights and place the child for adoption or in long-term foster care, among other options for permanent placement. These provisions require county social workers to conduct the social studies or evaluations and to prepare reports and make recommendations to the court regarding temporary and long-term placement of the child, as specified. Existing federal law, the Indian Child Welfare Act, and state law govern the placement of children who are or who may be Indian children, as specified This bill would revise those provisions to require the juvenile court and social workers to consider and recommend tribal customary adoption, as defined, as an additional permanent placement option, without termination of parental rights, for a dependent child. The bill would provide that a tribal customary adoption order would have the same force and effect as an order of adoption. By imposing new duties on social workers, the bill would impose a state-mandated local program. (2) Existing law governs independent and agency adoptions. This bill would specifically exempt tribal customary adoptions from those provisions. (3) The bill would require the Judicial Council to adopt rules of court and necessary forms to implement tribal customary adoption as a permanent plan for Indian children before July 1, 2010. The bill would also require the Judicial Council to complete a study of these provisions and report its findings to the Legislature on or before January 1, 2013. (4) The amendments implementing tribal customary adoption would become operative on July 1, 2010, and would be repealed on January 1, 2014. (5) This bill would permit the Department of Social Services to adopt emergency regulations to implement and administer the provisions of this bill. (6) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 287, Statutes of 2009.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 5 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 78. Noes 0. Page 3169.)

  5. Assembly Rule 77 suspended. (Page 3152.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 10 pursuant to Assembly Rule 77.

  7. Read third time, passed, and to Assembly. (Ayes 39. Noes 0. Page 2203.)

  8. Read second time. To third reading.

  9. Read third time, amended. To second reading.

  10. Read second time. To third reading.

  11. (received by desk August 28, 2009 pursuant to JR61(a)(11))

  12. From committee: Do pass. (Ayes 13. Noes 0.) (August 27).

  13. In committee: Placed on Appropriations suspense file.

  14. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  15. In committee: Set, first hearing. Hearing canceled at the request of author.

  16. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 5. Noes 0.) (July 14).

  17. In committee: Hearing postponed by committee.

  18. From committee: Do pass, and re-refer to Com. on JUD. with recommendation: To Consent Calendar. Re-referred. (Ayes 5. Noes 0.) (June 23).

  19. Referred to Coms. on HUMAN S. and JUD.

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

  21. Read third time, passed, and to Senate. (Ayes 76. Noes 0. Page 1768.)

  22. Read second time. To Consent Calendar.

  23. From committee: Do pass. To Consent Calendar. (May 20).

  24. Re-referred to Com. on APPR.

  25. Read second time and amended.

  26. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (April 28).

  27. Re-referred to Com. on JUD.

  28. Read second time and amended.

  29. From committee: Amend, do pass as amended, and re-refer to Com. on JUD. (Ayes 6. Noes 0.) (April 14).

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

  31. Read first time.

  32. From printer. May be heard in committee March 30.

  33. Introduced. To print.

Sponsors

  • Beall · Cosponsor
  • Cook · Primary
  • Coto · Cosponsor
  • Ducheny · Cosponsor
  • Florez · Cosponsor
  • Lieu · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 5 co-sponsors · 116 not signed on

Sponsors (1)

  • Cook

Co-sponsors (5)

  • Beall
  • Coto
  • Ducheny
  • Florez
  • Lieu

Not signed on (116)

116 members have not signed on to this bill.

Show all 116 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 1325 COOK Concurrence in Senate Amendments

Passed 90 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 84001
Democratic 3000
Republican 3000
Total 90001
% of votes cast 99%0%0%1%
How each member voted (91)
Member Party Vote
Hagman — Yea
Carter — Yea
Eng — Yea
Evans — Yea
Chesbro — Yea
Conway — Yea
Bill — Yea
Tom — Yea
Fuentes — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Anderson — Yea
Blakeslee — Yea
Cook — Yea
Coto — Yea
Davis — Yea
Yamada — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Duvall — Not Voting
Furutani — Yea
Garrick — Yea
Gilmore — Yea
Hall — Yea
Harkey — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
Jeffries — Yea
Knight — Yea
Lieu — Yea
Logue — Yea
Mendoza — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Ammiano — Yea
Bass — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Krekorian — Yea
Ma — Yea
Miller — Yea
Nestande — Yea
Nielsen — Yea
Smyth — Yea
Torlakson — Yea
Villines — Yea
Emmerson — Yea
Feuer — Yea
DeVore — Yea
Fuller — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Assembly 3rd Reading AB1325 Cook By Ducheny

Passed 40 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 37001
Democratic 2000
Republican 1000
Total 40001
% of votes cast 98%0%0%2%
How each member voted (41)
Member Party Vote
Yee — Yea
Cedillo — Yea
Hancock — Yea
Corbett — Yea
Ducheny — Yea
Dutton — Yea
Huff — Yea
Alquist — Yea
Ashburn — Yea
Benoit — Yea
Wyland — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Oropeza — Not Voting
Pavley — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Yea
Wolk — Yea
Wright — Yea
Aanestad — Yea
Harman — Yea
Hollingsworth — Yea
Kehoe — Yea
Maldonado — Yea
Walters — Yea
Cogdill — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Yee — Yea
Hancock — Yea
Kehoe — Yea
Runner — Yea
Corbett — Yea
Cox — Yea
Leno — Yea
Oropeza — Yea
Price — Yea
Walters — Yea
Wolk — Yea
Wyland — Yea
Denham — Yea

Official roll call →

Placed on Appropriations Suspense file.

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Runner — Yea
Corbett — Yea
Kehoe — Yea
Leno — Yea
Price — Yea
Walters — Yea
Wolk — Yea
Oropeza — Yea
Cox — Yea
Denham — Yea

Official roll call →

AB 1325 COOK Consent Calendar Second Day Regular Session

Passed 88 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 80004
Democratic 5000
Republican 3000
Total 88004
% of votes cast 96%0%0%4%
How each member voted (92)
Member Party Vote
Hall — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Charles — Yea
Galgiani — Yea
Gilmore — Yea
Hagman — Yea
Harkey — Yea
Hayashi — Yea
Hill — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Huber — Yea
Fletcher — Yea
Gaines — Yea
Bonnie — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Ammiano — Yea
Beall — Yea
Davis — Yea
DeVore — Yea
Jeffries — Yea
Knight — Yea
Lieu — Yea
Logue — Yea
Miller — Yea
Monning — Yea
Price — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Bass — Yea
Duvall — Not Voting
Mendoza — Not Voting
Nestande — Not Voting
Silva — Yea
Smyth — Yea
Solorio — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Anderson — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Krekorian — Yea
Ma — Yea
Nava — Yea
Nielsen — Yea
Ruskin — Yea
Skinner — Yea
Torres — Yea
Villines — Yea
Emmerson — Yea
Eng — Yea
Evans — Not Voting
Yamada — Yea
Fuller — Yea
Garrick — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 20 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 18001
Democratic 1000
Republican 1000
Total 20001
% of votes cast 95%0%0%5%
How each member voted (21)
Member Party Vote
Fuentes — Yea
Hall — Yea
Harkey — Yea
Charles — Yea
De — Yea
Leon — Yea
Ammiano — Yea
Duvall — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Miller — Not Voting
Skinner — Yea
Nielsen — Yea
Price — Yea
Solorio — Yea
Torlakson — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

housing civil-rights labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 1325 do?
(1) Existing law governs the removal of a child who has suffered or is at risk of suffering abuse or neglect from the home of the child's parent or guardian and the placement of that child in foster care. These provisions require the juvenile court to, among other things, conduct noticed detention, periodic status review, and dispositional hearings regarding the child, and direct the court to order, review, and receive into evidence social studies or evaluations regarding the child, including recommendations for placement. Under certain circumstances, the juvenile court may terminate parental rights and place the child for adoption or in long-term foster care, among other options for permanent placement. These provisions require county social workers to conduct the social studies or evaluations and to prepare reports and make recommendations to the court regarding temporary and long-term placement of the child, as specified. Existing federal law, the Indian Child Welfare Act, and state law govern the placement of children who are or who may be Indian children, as specified This bill would revise those provisions to require the juvenile court and social workers to consider and recommend tribal customary adoption, as defined, as an additional permanent placement option, without termination of parental rights, for a dependent child. The bill would provide that a tribal customary adoption order would have the same force and effect as an order of adoption. By imposing new duties on social workers, the bill would impose a state-mandated local program. (2) Existing law governs independent and agency adoptions. This bill would specifically exempt tribal customary adoptions from those provisions. (3) The bill would require the Judicial Council to adopt rules of court and necessary forms to implement tribal customary adoption as a permanent plan for Indian children before July 1, 2010. The bill would also require the Judicial Council to complete a study of these provisions and report its findings to the Legislature on or before January 1, 2013. (4) The amendments implementing tribal customary adoption would become operative on July 1, 2010, and would be repealed on January 1, 2014. (5) This bill would permit the Department of Social Services to adopt emergency regulations to implement and administer the provisions of this bill. (6) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Who sponsors AB 1325?
AB 1325 is sponsored by Beall, Cook, Coto, Ducheny, Florez, and Lieu.
What is the current status of AB 1325?
This bill has been enacted into law. Introduced February 27, 2009. Enacted.
Where can I track AB 1325?
Track AB 1325 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 1325

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 1325

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →