AB 1794 California Assembly · 2021-2022 Regular Session

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 to be provided to siblings who are nonminor dependents. 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.
Bill status vetoed 4 of 5 stages cleared
Introduction
Feb 2022
Committee Review
Aug 2022
Assembly Passage
May 2022
Senate Passage
Aug 2022
Vetoed
Sep 2022
Introduced Feb 3, 2022 Vetoed Sep 29, 2022
Floor votes · Senate Aug 31, 2022 · Assembly May 27, 2022

How they voted

350
Passed · 2 other
Total votes 37
Aug 31, 2022
D Democratic29
28 Yea 1
96% Yea
R Republican8
7 Yea 1
87% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
31
Key actions
14
Committee
13
Amendments
5
Sep 29, 2022
Vetoed
Vetoed by Governor.
lower
Aug 31, 2022
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0.).
lower
Aug 31, 2022
Introduced
In Assembly. Concurrence in Senate amendments pending.
lower
Aug 31, 2022
Upper · Passed
Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 5364.).
upper
Aug 25, 2022
Upper · Passed
Read third time and amended. Ordered to third reading.
upper
Aug 18, 2022
Upper · Passed
Read third time and amended. Ordered to second reading.
upper
Aug 11, 2022
Upper · Passed
From committee: Do pass. (Ayes 7. Noes 0.) (August 11).
upper
Aug 2, 2022
Committee
In committee: Referred to suspense file.
upper
Jun 28, 2022
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 27). Re-referred to Com. on APPR.
upper
Jun 22, 2022
Upper · Passed
From committee: Do pass and re-refer to Com. on HUMAN S. (Ayes 11. Noes 0.) (June 21). Re-referred to Com. on HUMAN S.
upper
Jun 8, 2022
Committee
Referred to Coms. on JUD. and HUMAN S.
upper
May 27, 2022
Assembly · Passed
Assembly Vote: pass (67-0-8)
assembly
May 26, 2022
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 70. Noes 0.)
lower
May 19, 2022
Lower · Passed
From committee: Do pass. (Ayes 15. Noes 1.) (May 19).
lower
May 11, 2022
Committee
In committee: Set, first hearing. Referred to suspense file.
lower
Apr 27, 2022
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 26). Re-referred to Com. on APPR.
lower
Mar 22, 2022
Lower · Passed
From committee: Do pass and re-refer to Com. on HUM. S. (Ayes 9. Noes 0.) (March 22). Re-referred to Com. on HUM. S.
lower
Mar 21, 2022
Committee
Re-referred to Com. on JUD.
lower
Mar 17, 2022
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
lower
Mar 7, 2022
Lower · Passed
In committee: Set, first hearing. Hearing canceled at the request of author.
lower
Feb 10, 2022
Committee
Referred to Coms. on JUD. and HUM. S.
lower
Feb 4, 2022
Lower · Passed
From printer. May be heard in committee March 6.
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Mike Gipson
Mike Gipson
DDemocratic
CA
65