AB 20 California Assembly · 2023-2024 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 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 status vetoed 4 of 5 stages cleared
Introduction
Dec 2022
Committee Review
Sep 2023
Assembly Passage
May 2023
Senate Passage
Sep 2023
Vetoed
Jan 2024
Introduced Dec 5, 2022 Vetoed Jan 3, 2024
Floor votes · Senate Sep 12, 2023 · Assembly May 25, 2023

How they voted

380
Passed · 2 other
Total votes 40
Sep 12, 2023
D Democratic31
30 Yea 1
96% Yea
R Republican9
8 Yea 1
88% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
28
Key actions
12
Committee
12
Amendments
5
Feb 12, 2024
Vetoed
Consideration of Governor's veto stricken from file.
lower
Jan 3, 2024
Vetoed
Consideration of Governor's veto pending.
lower
Oct 8, 2023
Vetoed
Vetoed by Governor.
lower
Sep 13, 2023
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 3416.).
lower
Sep 12, 2023
Introduced
In Assembly. Concurrence in Senate amendments pending.
lower
Sep 12, 2023
Upper · Passed
Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2662.).
upper
Sep 8, 2023
Upper · Passed
Read third time and amended. Ordered to second reading.
upper
Sep 1, 2023
Upper · Passed
From committee: Do pass. (Ayes 7. Noes 0.) (September 1).
upper
Aug 14, 2023
Committee
In committee: Referred to APPR suspense file.
upper
Jul 5, 2023
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (July 3). Re-referred to Com. on APPR.
upper
Jun 21, 2023
Upper · Passed
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.
upper
Jun 7, 2023
Committee
Referred to Coms. on JUD. and HUMAN S.
upper
May 25, 2023
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 2. Page 1746.)
lower
May 18, 2023
Lower · Passed
From committee: Do pass. (Ayes 15. Noes 0.) (May 18).
lower
May 10, 2023
Committee
In committee: Set, first hearing. Referred to APPR. suspense file.
lower
May 3, 2023
Lower · Passed
In committee: Hearing postponed by committee.
lower
Apr 19, 2023
Lower · Passed
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.
lower
Mar 16, 2023
Committee
Re-referred to Com. on HUM. S.
lower
Mar 15, 2023
Lower · Passed
Read second time and amended.
lower
Mar 14, 2023
Introduced
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).
lower
Jan 26, 2023
Committee
Referred to Coms. on JUD. and HUM. S.
lower
Dec 6, 2022
Lower · Passed
From printer. May be heard in committee January 5.
lower
1 primary · 1 co-sponsor

Sponsors