BILL NUMBER: AB 2488 CHAPTERED
BILL TEXT
CHAPTER 386
FILED WITH SECRETARY OF STATE SEPTEMBER 22, 2006
APPROVED BY GOVERNOR SEPTEMBER 22, 2006
PASSED THE ASSEMBLY AUGUST 21, 2006
PASSED THE SENATE AUGUST 17, 2006
AMENDED IN SENATE AUGUST 14, 2006
AMENDED IN SENATE JUNE 20, 2006
AMENDED IN ASSEMBLY APRIL 19, 2006
AMENDED IN ASSEMBLY APRIL 6, 2006
INTRODUCED BY Assembly Member Leno
FEBRUARY 23, 2006
An act to amend Section 9205 of the Family Code, relating to
adoption.
LEGISLATIVE COUNSEL'S DIGEST
AB 2488, Leno Adoption.
Existing law authorizes the State Department of Social Services or
an adoption agency, as defined, that joined in an adoption petition
to release the names and addresses of biological siblings to one
another if both siblings have attained 21 years of age and have filed
a specified request and waiver of rights with respect to the
disclosure with the department or agency.
This bill would further authorize the disclosure of the names and
addresses of an adoptee and his or her half-sibling or step-sibling
to one another, if the above-described requirements are met. The bill
would also lower the age of consent to 18 years of age, and would
authorize an adoptee or sibling, as defined, who is under 18 years of
age to file that request with the consent of his or her adoptive
parents or, if a sibling, with the consent of the sibling's legal
parent or guardian, or the dependency court under specified
circumstances. If an adoptee or sibling has not filed a waiver with
the department or adoption agency, the bill would also authorize the
adoptee or sibling to petition the court to appoint a confidential
intermediary, as specified, which would have the authority to contact
the adoptee and his or her adoptive parents or the sibling with
regard to disclosure. The bill would require the confidential
intermediary to inform those persons that consent is optional, and,
upon denial, would prohibit the intermediary from making any further
attempt at disclosure.
By imposing additional duties on, among others, licensed county
adoption agencies to act as a confidential intermediary, as described
above, and by increasing the number of sibling and adoptee requests,
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, 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 9205 of the Family Code is amended to read:
9205. (a) Notwithstanding any other law, the department or
adoption agency that joined in the adoption petition shall release
the names and addresses of siblings to one another if both of the
siblings have attained 18 years of age and have filed the following
with the department or agency:
(1) A current address.
(2) A written request for contact with any sibling whose existence
is known to the person making the request.
(3) A written waiver of the person's rights with respect to the
disclosure of the person's name and address to the sibling, if the
person is an adoptee.
(b) Upon inquiry and proof that a person is the sibling of an
adoptee who has filed a waiver pursuant to this section, the
department or agency may advise the sibling that a waiver has been
filed by the adoptee. The department or agency may charge a
reasonable fee, not to exceed fifty dollars ($50), for providing the
service required by this section.
(c) An adoptee may revoke a waiver filed pursuant to this section
by giving written notice of revocation to the department or agency.
(d) The department shall adopt a form for the request authorized
by this section. The form shall provide for an affidavit to be
executed by a person seeking to employ the procedure provided by this
section that, to the best of the person's knowledge, the person is
an adoptee or sibling of an adoptee. The form also shall contain a
notice of an adoptee's rights pursuant to subdivision (c) and a
statement that information will be disclosed only if there is a
currently valid waiver on file with the department or agency. The
department may adopt regulations requiring any additional means of
identification from a person making a request pursuant to this
section as it deems necessary.
(e) The department or agency may not solicit the execution of a
waiver authorized by this section. However, the department shall
announce the availability of the procedure authorized by this
section, utilizing a means of communication appropriate to inform the
public effectively.
(f) Notwithstanding the age requirement described in subdivision
(a), an adoptee or sibling who is under 18 years of age may file a
written waiver of confidentiality for the release of his or her name,
address, and phone number pursuant to this section provided that, if
an adoptee, the adoptive parent consents, and, if a sibling, the
sibling's legal parent or guardian consents. If the sibling is under
the jurisdiction of the dependency court and has no legal parent or
guardian able or available to provide consent, the dependency court
may provide that consent.
(g) Notwithstanding subdivisions (a) and (e), an adoptee or
sibling who seeks contact with the other for whom no waiver is on
file may petition the court to appoint a confidential intermediary.
If the sibling being sought is the adoptee, the intermediary shall be
the department or licensed adoption agency that provided adoption
services as described in Section 8521 or 8533 of the Family Code. If
the sibling being sought was formerly under the jurisdiction of the
juvenile court, but is not an adoptee, the intermediary shall be the
department, the county child welfare agency that provided services to
the dependent child, or the licensed adoption agency that provided
adoption services to the sibling seeking contact, as appropriate. If
the court finds that the licensed adoption agency that conducted the
adoptee's adoption is unable, due to economic hardship, to serve as
the intermediary, then the agency shall provide all records related
to the adoptee or the sibling to the court and the court shall
appoint an alternate confidential intermediary. The court shall grant
the petition unless it finds that it would be detrimental to the
adoptee or sibling with whom contact is sought. The intermediary
shall have access to all records of the adoptee or the sibling and
shall make all reasonable efforts to locate and attempt to obtain the
consent of the adoptee, sibling, or adoptive or birth parent, as
required to make the disclosure authorized by this section. The
confidential intermediary shall notify any located adoptee, sibling,
or adoptive or birth parent that consent is optional, not required by
law, and does not affect the status of the adoption. If that
individual denies the request for consent, the confidential
intermediary shall not make any further attempts to obtain consent.
The confidential intermediary shall use information found in the
records of the adoptee or the sibling for authorized purposes only,
and may not disclose that information without authorization. If
contact is sought with an adoptee or sibling who is under 18 years of
age, the confidential intermediary shall contact and obtain the
consent of that child's legal parent before contacting the child. If
the sibling is under 18 years of age, under the jurisdiction of the
dependency court, and has no legal parent or guardian able or
available to provide consent, the intermediary shall obtain that
consent from the dependency court. If the adoptee is seeking
information regarding a sibling who is known to be a dependent child
of the juvenile court, the procedures set forth in subdivision (b) of
Section 388 of the Welfare and Institutions Code shall be utilized.
If the adoptee is foreign born and was the subject of an intercountry
adoption as defined in Section 8527, the adoption agency may fulfill
the reasonable efforts requirement by utilizing all information in
the agency's case file, and any information received upon request
from the foreign adoption agency that conducted the adoption, if any,
to locate and attempt to obtain the consent of the adoptee, sibling,
or adoptive or birth parent. If that information is neither in the
agency's case file, nor received from the foreign adoption agency, or
if the attempts to locate are unsuccessful, then the agency shall be
relieved of any further obligation to search for the adoptee or the
sibling.
(h) For purposes of this section, "sibling" means a biological
sibling, half-sibling, or step-sibling of the adoptee.
SEC. 2. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.