BILL ANALYSIS
AB 2262
Page 1
Date of Hearing: April 16, 2008
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mark Leno, Chair
AB 2262 (Torrico) - As Introduced: February 21, 2008
Policy Committee: Public
SafetyVote: 5-1
Judiciary 10-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill extends, from 72 hours to 7 days, the age at which a
child may be left at a designated safe-surrender site. This bill
also:
1)Adds a local fire agency, upon the approval of the appropriate
local governing body of the agency, to the designated
safe-surrender sites. (Current sites are either designated by
boards of supervisors, or are locations within a hospital, as
designated by the hospital.)
2)Provides that a safe-surrender site, and the personnel of a
safe-surrender site, are not liable for a surrendered child
prior to taking actual physical custody of the child.
3)Appropriates $5,000,000 (GF) for a safe-surrender public
awareness campaign and a toll-free safe surrender education
and assistance number.
4)Requires the Department of Social Services (DSS) to report to
the Legislature by January 2012 regarding the effect of the
safe surrender act, including specified statistics.
FISCAL EFFECT
1)Appropriates $5 million (GF) to DSS for a safe-surrender
public awareness campaign and for a toll-free phone number for
public education and assistance.
2)One-time GF reporting costs to DSS in the range of $150,000.
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3)Minor, potentially state-reimbursable costs for local entities
and governments to consult regarding the designation of
safe-surrender sites.
COMMENT
1)Rationale. The author contends the safe-surrender law should
be expanded and advertised, as since December 2007, some 220
babies have been safely surrendered in California since the
advent of this law in 2001 and an additional 147 have been
discovered alive following illegal abandonment.
According to the author, "The anonymity, confidentiality and
freedom from prosecution may encourage parents to leave their
child at a safely surrender site. Factors such as post partum
depression, other mental health issues, language barriers and
lack of public awareness may prevent a woman from being able
to make a decision so quickly after having a baby.
"Extending the date from the current 72 hour provision to 30
days may save the lives of more babies in California."
2)Current law , established by SB 1368 (Brulte, 2000), provides
for the surrender of a newborn by a parent or other
responsible person to a safe-surrender site. SB 1368 was
intended to provide mothers of unwanted newborns a safe
alternative to abandoning infants in places where babies would
likely die. SB 1368 designated safe places (such as an
emergency room of a hospital) where a person can surrender a
baby, with no questions asked, and retrieve the baby within a
14-day period, as specified, with immunity from criminal
penalties under child abandonment laws.
According to a January 2005 DSS report on the safe-surrender
law, which acknowledges the difficulty of obtaining accurate
figures, 64 infants were safely surrendered in 2001-2004. Of
the 64 referenced in the DSS report, 55 were less than
one-day-old and nine were two or three-days-old. Fifty-two
showed no signs of abuse or neglect, and 10 tested
drug-positive. In only one case did a parent attempt to
reclaim an infant. (That parent did not pursue the effort
after an initial query.)
3)Support . The American College of Obstetricians and
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Gynecologists of California state, "Expansion of the time
frame from 72 hours to 7 days in which parents can safely
surrender their newborns may not significantly increase the
numbers of newborns protected under this program, but if even
a few lives can be saved, we think the program expansion
appropriate. In addition to saving newborns, it saves the
birth parents from a lifetime of guilt and criminal penalty if
they were to otherwise abandon their child in the midst of an
almost unfathomable panic."
4)Opposition . According to the L.A. County Board of Supervisors,
"Los Angeles County has been at the forefront of implementing
the Safe Surrender Law, with over 60 babies safely surrendered
since its enactment in 2002. The County has had four newborns
safely surrendered since January 2008. While the County
remains committed to the safety and well-being of newborns, it
believes that the current law regarding the 72-hour age
limitation is appropriate, and that is should not be expanded.
The concept behind this law is to protect newborns by allowing
their birth mothers to surrender the baby at a designated,
safe location rather than abandoning the infant in an unsafe
environment, which could result in the baby's death."
5)Other States . According to a March 2007 policy brief by the
Guttmacher Instititute - a nonprofit organization focused on
sexual and reproductive health research, policy analysis and
public education - 47 states have legalized relinquishment (30
of which authorize anonymous relinquishment and legal
immunity, while others request medical information and/or
investigate missing child status): 16 for 72 hours; 11 for
three days to two weeks; 14 for 28 to 31 days: five for 45 to
90 days, and two (North Dakota and Missouri) for one year.
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6)Similar legislation .
a) AB 81 (Torrico), 2007, similar to this bill (absent the
$5 million appropriation, which was deleted by this
committee), was vetoed. The governor stated, "The current
72-hour period contained in law allows for a
no-questions-asked safe surrender of a newborn, and is
supported by research and statistics which indicate that
most neonaticide occurs within the first day. Experts have
raised concerns that instead of improving child safety,
increasing the time that a baby may be surrendered from 72
hours will put newborns in greater risk by keeping them in
an unsafe environment without proper care and supervision."
b) AB 1873 (Torrico), 2006, similar to this bill (absent
the $5 million appropriation, which was deleted by this
committee), but with a 30-day window, was vetoed with a
similar veto message.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081