Minors: temporary custody.

Existing law authorizes a peace officer to take into temporary custody, without a warrant, a minor who is in a hospital if the release of the minor to a prospective adoptive parent poses an immediate danger to the minor's health or safety. However, existing law prohibits a peace officer from taking into custody, without a warrant, a newborn child who is in a hospital, who tested positive for illegal drugs or whose birth mother tested positive for illegal drugs, who is the subject of an adoption petition, and whose release to the prospective adoptive parents does not pose an immediate danger to him or her. This bill, instead, would prohibit a peace officer from taking into custody, without a warrant, a newborn who is the subject of a proposed adoption. This bill would also allow the Health Facility Minor Release Report to be signed by a licensed adoption agency, and allow the release of the minor to the adoptive parent's authorized representative or a licensed adoptive agency, when it does not pose an immediate danger to the minor. Existing law also requires the adoptive parent or parents or their representative to provide a copy of the Health Facility Minor Release Report and a copy of the petition for adoption to the local child protective services agency or to the peace officer who is at the hospital to take the minor into custody or allows a copy of an adoption placement agreement signed by the placing birth parent or parents and the prospective adoptive parents to be used in place of the Health Facility Minor Release Report. This bill would instead require the prospective adoptive parent or parents or their representative or a representative of a licensed adoption agency to provide a fully executed copy of the Health Facility Minor Release Report and a written form signed by the prospective adoptive parent or parents or a representative of a licensed adoption agency that includes a declaration that the signer will immediately notify the county child welfare agency if the adoption plan is terminated, as provided. This bill would provide that these changes are to remain in effect until January 1, 2013.