HomeMy WebLinkAboutMINUTES - 04201993 - 1.49 1 -49
To: BOARD OF.SL,PERVISORS E L Contra
FROM: Phil Batchelor, County Administrator Costa
County
DATE: April 14, 1993
SUBJECT: LEGISLATION: AB 1430 Conroy) '
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT a position in SUPPORT of AB 1430 by Assemblyman Conroy which
would allow the Probation Officer to charge a fee for the study and
report to the Court which is required whenever someone petitions to
have a child freed from the custody and control of either or both
parents .
BACKGROUND:
Under current law, any interested person may petition the Superior
Court for an order declaring a minor child free from the custody
and control of either or both of his or her parents . Whenever
such a petition is filed, the Court is required to immediately
notify the Probation Officer, who in turn is required to prepare a
report containing specified information. Under current law there
is no ability for the Probation Department to recover even a
portion of its costs for these investigations and reports .
Mr. Buck reports that they receive about 50 requests which fall
into this category each year. AB 1430 is sponsored by the Orange
County Superior Court. As introduced, AB 1430 would make the
petitioner liable for all reasonable costs incurred in connection
with the termination of parental rights, including the cost of the
investigation by the Probation Officer. The bill also allows the
Court to defer, waive or reduce the fee for economic hardship
purposes which would be detrimental to the child.
The County Probation Officer recommends that the Board of
Supervisors support AB 1430 and this office concurs with that
recommendation.
CONTINUED ON ATTACHMENT: X YES SIGNATURE: Z....
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE e-
APPROVE ^ OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
-'� I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE 80ARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. �J
ATTESTED
Contact: PHIL BATCHELOR.CLERK OF THE BOARD OF
cc: County Administrator SUPERVISORS AND COUNTY ADMINISTRATOR
County Probation Officer
George Roemer, Senior Deputy County Administrator
Les Spahnn, Heim, Noack & Spahnn BY DEPUTY
Probation DepartmentContra Gerald S.Buck
County Probation Officer
Administrative Offices Costa
50 Douglas Drive,Suite 201 County
Martinez,California 94553-8500
(510)313-4180
(510)313-4191 FAX
To: Phil Batchelor Date: 3/15/93
County Administrator
Trq i'biN`�
From: Gerald S . Buck, Subject: Fees for Abandonment
County Probation Officer Investigations -
AB 1430 (Conroy)
Currently there is no provision in law to charge petitioners in
connection with the termination of parental rights and custody
preparatory to adoption proceedings .
This is a function our Department performs for the Superior Court
up to 50 times per year. We need to be able to recover our costs
if we're to continue this service.
This bill, AB 1430 by Conroy, would allow the petitioners to be
assessed a fee for this process . The bill is sponsored by the
Orange County Superior Court.
I urge the Board of Supervisors to take an active support
position on AB 1430 and to ask our lobbyist to support its
passage in Sacramento.
GSB:ds
Attachment
cc: I . Bergamini
A. Clarke, CPOC
l.Ostla
RECEIVED
office of
her Administr
CALIFORNIA LEGISLATURE-1993-94 REGULAR SESSION
ASSEMBLY BILL No. 1430
Introduced by Assembly Member Conroy
March 3, 1993
An act to amend Section 233 of, and to repeal Section 227.30
of, the Civil Code, and to add Section 9002 to the Family Code,
relating to family law.
LEGISLATIVE COUNSEL'S DIGEST
AB 1430, as introduced, Conroy. Termination of parental
rights: stepparent adoption fees.
(1) Existing law specifies the conditions under which an
action to terminate parental rights may be commenced, and
provides that any interested person may petition the superior
court for an order or judgment declaring the minor free from
the custody, and control of either or both parents.
This bill would provide that the petitioner under these
provisions shall be liable for all reasonable costs incurred in
connection with the termination of parental rights, but that
this fee may be deferred, waived,-or reduced by the court
when the payment would cause economic hardship which
would be detrimental to the welfare of the child.
(2) Existing law provides that a stepparent adopting a
child of his or her spouse shall be liable for all reasonable costs
incurred in connection with the stepparent adoption, up to a
maximum of $200, but that this fee may be deferred, waived,
or reduced by the probation officer, qualified court
investigator, or county welfare department when the
payment would cause economic hardship to the prospective
adoptive parent which would be detrimental to the welfare
of the adoptive child.
This bill would (a) specify that this liability is not limited to
$200, (b) transfer authority for deferring, waiving, or
99 90
AB 1430 — 2 —
reducing
2 —
reducing the fee to the court, and (c) make a change to
conform this provision tc the enactment of the Family Code.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as'follows.
1 SECTION 1. Section 227.30 of the Civil Code is
2 repealed.
3 227.900. -A stepparre adopting a eked e€ his or hef
4 spetttse ahfdl be liable few a4 rettsenftble eests ineurred ift
5 eennee6etfl., with the steppar adeptieft; , bet
6 net meted to-, eests ineurred fey the
7 reqtti-red by Seetiee 227-20, tip to of twe
8 hundred dollars ($200) . The prebatieft effieer,
9 eeert , e - - =r- - ------ ff"t3°
10 defer, wetive, er reduee the fee fer eests when streh a
11 payment would ease eeenemte hip to the
12 prespeet adeptiye parent Leh weed be detriffie
13 to the welfare of the adeptive ehild.
14 SEC. 2. Section 233 of the Civil Code is amended to
15 read:
16 233. (a) Any interested person may petition the
17 superior court of the county in-which a minor person
18 described in Section 232 resides or in which the minor
19 person is found or.in.which any of the acts which are set
.20 forth in Section 232 are alleged to.have occurred, for an
21 order or judgment declaring the minor person free from
22 the custody and control of either or both of his or her
23 parents. There shall be no filing fee charged for any
24 action instituted in accordance with this section. Upon
25 the filing of the petition, the clerk of the court shall; in
26 accordance with the direction of the court, immediately
27 notify the juvenile probation officer, the qualified court
28 investigator, or the county department designated by the
29 board of supervisors to administer the public social
30 services program, who shall immediately investigate the
31 circumstances of the minor person and the circumstances
32 which are alleged .to bring the minor person within any
33 of the provisions of Section 232. The juvenile probation
99 120
- 3 — AB 1430
to 1 officer, qualified court investigator, or the county
3e 2 department shall render to the court a written report of
-lo . 3 the investigation with a recommendation to the court of
4 the proper disposition to be made in the action in the best
5 interests of the minor person.
6 The report shall include all of the following:
7 (1) A statement that the person making the report
is 8 explained the nature of the legal action to end parental
9 custody and control to the minor.
ter- 10 (2) A statement of the minor's feelings and thoughts
11 concerning the pending action.
tH
HA 12 (3) A statement of the minor's attitude towards his or
on 13 her parent or parents and particularly whether or not the
aye 14 minor would prefer living with his or her parent or
ed 15 parents.
ray 16 (4) A statement that the minor was informed of his or
c & 17 her right to attend the hearing on the petition and the
he 18 minor's feelings concerning attending the hearing. The
t-Ed 19 court shall receive the report in evidence and shall read
20 and consider the . contents thereof in rendering its
to 21 judgment.
22 (5) If the age, or the physical, emotional, or other
he 23 condition of the minor precludes his or her meaningful
on 24 response to the explanations, inquiries, and information
Lor 25 required by the provisions of +a} +b , -(-e}
Set 26 paragraphs (1), (2), (3), and -(d+ (4), a description of the
an 27 condition shall satisfy the requirements of , those
)m 28 paragraphs.
ter 29 (b) The petitioner shall be liable for all reasonable
ny 30 costs incurred in connection with the termination of
on 31 parental rights, including, but not limited to, costs
in 32 incurred for the investigation required by this section.
3133 The court may defer, waive, or reduce the fee when such
Ily 34 a payment would cause economic hardship which would
art
he 35 be detrimental to the welfare of the child.
pial 36 (c) "Qualified court investigator," as used in this
he .37 section, has the meaning set forth in Section 220.20.
,es 38 SEC. 3. Section 9002 is added to the Family Code,.,to
ny 39 read:
on 40 9002. In a stepparent adoption, the stepparent is
120 99 150
AB 1430 — 4 -
1
- 4 --1 liable for all reasonable costs incurred in connection with
2 the stepparent adoption, including, but not limited to,
3 costs incurred for the investigation required by Section
4 9001. The court may defer, waive, or reduce the fee if its
5 payment would cause economic hardship to the
6 prospective adoptive parent detrimental to the welfare
7 of the adopted child.
O
99 150