2011 California Code
Welfare and Institutions Code
DIVISION 2. CHILDREN [100 - 1500]
ARTICLE 7. Dependent Children Temporary Custody and Detention
Section 305.6

(a) Any peace officer may, without a warrant, take into temporary custody 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.

(b) (1) Notwithstanding subdivision (a) and Section 305, a peace officer may not, without a warrant, take into temporary custody a minor who is in a hospital if all of the following conditions exist:

(A) The minor is a newborn who tested positive for illegal drugs or whose birth mother tested positive for illegal drugs.

(B) The minor is the subject of a petition for adoption and a Health Facility Minor Release Report, prescribed by the department, has been completed by the hospital, including the marking of the boxes applicable to an independent adoption or agency adoption planning, and signed by the placing birth parent or birth parents and the prospective adoptive parent or parents, prior to the discharge of the birth parent or the minor from the hospital. Prior to signing the Health Facility Minor Release Report, the birth parent or birth parents shall be given a notice written in at least 14-point pica type, containing substantially the following statements:

(i) That the Health Facility Minor Release Report does not constitute consent to adoption of the minor by the prospective adoptive parent or parents, or any other prospective adoptive parent or parents.

(ii) That the Health Facility Minor Release Report does not constitute a relinquishment of parental rights for the purposes of adoption.

(iii) That the birth parent or birth parents or any person authorized by the birth parent or birth parents may reclaim the minor at any time from the prospective adoptive parent or parents or any other person to whom the minor was released by the hospital, until an adoption placement agreement or a relinquishment is signed by the birth parent or birth parents.

This notice shall be signed by the birth parent or birth parents and attached to the Health Facility Minor Release Report.

(C) The release of the minor to a prospective adoptive parent or parents does not pose an immediate danger to the minor.

(D) An attorney or an adoption agency has provided documentation stating that he or she, or the agency, is representing the prospective adoptive parent or parents for purposes of the adoption. In the case of an independent adoption, as defined in Section 8524 of the Family Code, the attorney or adoption agency shall provide documentation stating that the prospective adoptive parent or parents have been informed that the child may be eligible for benefits provided pursuant to the Adoption Assistance Program, as set forth in Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9, only if, at the time the petition is filed, the child has met the requirements to receive federal supplemental security income benefits pursuant to Subchapter XVI (commencing with Section 1381) of Chapter 7 of Title 42 of the United States Code, as determined and documented by the federal Social Security Administration.

(E) The prospective adoptive parent or parents or their representative provides a copy of the Health Facility Minor Release Report with the signed notice to the birth parent or birth parents as described in subparagraph (B) 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 temporary custody.

(2) Notwithstanding Section 305 or subdivision (a) of this section, a peace officer may not, without a warrant, take into temporary custody a minor who is in a hospital if all of the following conditions exist:

(A) The minor is a newborn who tested positive for illegal drugs or whose birth mother tested positive for illegal drugs.

(B) The minor is the subject of a petition for adoption and a prospective adoptive parent or prospective adoptive parents have been licensed to act as a foster parent or foster parents of the minor pending finalization of the petition for adoption.

(C) The release of the minor to the prospective adoptive parent or prospective adoptive parents does not pose an immediate danger to the minor.

(D) The prospective adoptive parent or parents or their representative provides a copy of the petition for adoption and documents evidencing licensure as a foster parent or foster parents to the local child protective services agency or to the peace officer who is at the hospital to take the minor into temporary custody.

(3) If at the time the minor is released to the custody of a prospective adoptive parent or parents or their representative pursuant to paragraph (1) or (2), the petition for adoption of the minor has not been filed with the court, the petition for adoption shall be filed within 15 calendar days of the date the birth parent was released from the hospital.

(4) A copy of an adoption placement agreement signed by the placing birth parent or birth parents and the prospective adoptive parent or parents may be used in place of the Health Facility Minor Release Report and notice to the birth parent or birth parents as described in subparagraph (B) of paragraph (1).

(c) Nothing in this section is intended to create a duty that requires law enforcement to investigate the prospective adoptive parent or parents.

(d) This section shall become operative on January 1, 2013.

(Repealed (in Sec. 1) and added by Stats. 2010, Ch. 440, Sec. 2. Effective January 1, 2011. Section operative January 1, 2013, by its own provisions.)