Bill Text: CA AB2353 | 2021-2022 | Regular Session | Introduced
Bill Title: Guardian adoption.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-03-03 - Referred to Com. on JUD. [AB2353 Detail]
Download: California-2021-AB2353-Introduced.html
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 2353
| Introduced by Assembly Member Mathis |
February 16, 2022 |
An act to amend Section 8802 of, and to add Chapter 5.5 (commencing with Section 9025) to Part 2 of Division 13 of, the Family Code, relating to adoption.
LEGISLATIVE COUNSEL'S DIGEST
AB 2353, as introduced, Mathis.
Guardian adoption.
Existing law establishes procedures to petition for an independent adoption of a child by various individuals, including a legal guardian who had been the child’s legal guardian for more than one year. Existing law establishes a separate process for a stepparent desiring to adopt a child of the stepparent’s spouse to file a petition in the county in which the petitioner resides. Under existing law, a stepparent adoption is not subject to certain requirements applicable to an independent adoption, such as the requirement for a home study, unless ordered by the court, as prescribed, or the payment of a nonrefundable fee to the State Department of Social Services or to the delegated county adoption agency at the time of filing for the cost of investigating the adoption petition.
This bill would establish procedures for a legal guardian who has been
the child’s legal guardian for more than one year, similar to the procedures for a stepparent adoption, instead of requiring the guardian to file a petition for an independent adoption. Among other provisions, the bill would require the court to consider and review an investigative report conducted by a licensed clinical social worker, a licensed marriage and family therapist, a licensed professional clinical counselor, or a private licensed adoption agency selected by the petitioner, or by a probation officer, a qualified court investigator, or the county welfare department, as appointed by the court. By expanding the duties of county welfare departments and probation officers, the 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 8802 of the Family Code is amended to read:8802.
(a) (1) Any of the following persons who desire to adopt a child may, for that purpose, file an adoption request in a county authorized by Section 8609.5:(A) An adult who is related to the child or the child’s half sibling by blood or affinity, including all relatives whose status is preceded by the words “step,” “great,” “great-great,” or “grand,” or the spouse of any of these persons, even if the marriage was terminated by death or dissolution.
(B) A person named in the will of a deceased parent as an intended adoptive parent where the child has no other parent.
(C) A person with whom a child has been placed for
adoption.
(D)(i)A legal guardian who has been the child’s legal guardian for more than one year.
(ii)
(D) If the child is alleged to have been abandoned pursuant to Section 7822, a legal guardian who has been the child’s legal guardian for more than six months. The legal guardian may file a petition pursuant to Section 7822 in the same court and concurrently with a petition under this section.
(iii)
(ii) However, if the parent nominated the guardian for a purpose other than adoption for a specified time period, or if the guardianship was established pursuant to Section 360 of the Welfare and Institutions Code, the guardianship shall have been in existence for not less than three years.
(2) If the child has been placed for adoption, a copy of the adoptive placement agreement shall be attached to the petition. The court clerk shall immediately notify the department at Sacramento in writing of the pendency of the proceeding and of any subsequent action taken.
(3) If the petitioner has entered into a postadoption contact agreement with the birth parent as set forth in Section 8616.5, the agreement, signed by the
participating parties, shall be attached to and filed with the petition for adoption.
(b) The petition shall contain an allegation that the petitioners will file promptly with the department or delegated county adoption agency information required by the department in the investigation of the proposed adoption. The omission of the allegation from a petition does not affect the jurisdiction of the court to proceed or the validity of an adoption order or other order based on the petition.
(c) The caption of the adoption petition shall contain the names of the petitioners, but not the child’s name. The petition shall state the child’s sex and date of birth and the name the child had before adoption.
(d) If the child is the subject of a guardianship petition, the adoption petition shall so state and shall include the
caption and docket number or have attached a copy of the letters of the guardianship or temporary guardianship. The petitioners shall notify the court of any petition for guardianship or temporary guardianship filed after the adoption petition. The guardianship proceeding shall be consolidated with the adoption proceeding, and the consolidated case shall be heard and decided in the court in which the adoption is pending.
(e) The order of adoption shall contain the child’s adopted name, but not the name the child had before adoption.
SEC. 2.
Chapter 5.5 (commencing with Section 9025) is added to Part 2 of Division 13 of the Family Code, to read:CHAPTER 5.5. Guardian Adoption
9025.
(a) A legal guardian who has been the child’s legal guardian for more than one year desiring to adopt the child may for that purpose file a petition in the county in which the petitioner resides.(b) The caption of the adoption petition shall contain the names of the petitioners, but not the child’s name. The petition shall state the child’s sex and date of birth and the name the child had before adoption.
(c) The order of adoption shall contain the child’s adopted name, but not the name the child had before adoption.
(d) If the petitioner has entered into a postadoption contact agreement with the birth parent as set
forth in Section 8616.5, the agreement, signed by the participating parties, shall be attached to and filed with the petition for adoption.
9025.5.
(a) For a guardian adoption filed under this section, a copy of the child’s birth certificate shall be filed with the petition for adoption.(b) The court may order a hearing to ascertain whether there are additional persons who require notice of, or who is required to consent to, the adoption if it appears from the face of the pleadings and the evidence that proper notice or consent have not been provided.
(c) The court shall grant the guardian adoption under this section upon finding that the parent who gave birth and any other person with a claim to parentage of the child who is required to be provided notice of, or who is required to consent to, the adoption has been noticed
or provided consent to the adoption.
9026.
(a) Before granting or denying a guardian adoption request, the court shall review and consider a written investigative report. The report in a guardian adoption case shall not require a home study unless so ordered by the court upon request of an investigator or interested person, or on the court’s own motion. “Home study” as used in this section means a physical investigation of the premises where the child is residing.(b) At the time of filing the adoption request, the petitioner shall inform the court in writing if the petitioner is electing to have the investigation and written report completed by a licensed clinical social worker, a licensed marriage and family therapist, a licensed professional clinical counselor, or a private licensed
adoption agency, in which cases the petitioner shall not be required to pay an investigation fee pursuant to Section 9026.5 at the time of filing, but shall pay these fees directly to the investigator. Absent that notification, the court may, at the time of filing, collect an investigation fee pursuant to Section 9026.5, and may assign one of the following to complete the investigation: a probation officer, a qualified court investigator, or the county welfare department, if so authorized by the board of supervisors of the county where the action is pending.
(c) If a private licensed adoption agency conducts the investigation, it shall assign the investigation to a licensed clinical social worker, licensed professional clinical counselor, or licensed marriage and family therapist associated with the agency. A grievance regarding the investigation shall be directed to the licensing authority of the clinical social worker, licensed professional
clinical counselor, or marriage and family therapist, as applicable.
(d) This section does not require the State Department of Social Services to issue regulations for guardian adoptions.
9026.5.
In a guardian adoption, the prospective adoptive parent is liable for all reasonable costs incurred in connection with the adoption, including, but not limited to, costs incurred for the investigation required by Section 9026, up to a maximum of seven hundred dollars ($700). The court, probation officer, qualified court investigator, or county welfare department may defer, waive, or reduce the fee if its payment would cause economic hardship to the prospective adoptive parent detrimental to the welfare of the adopted child.9027.
(a) In a guardian adoption, the consent of either or both birth parents shall be signed in the presence of a notary public, court clerk, probation officer, qualified court investigator, authorized representative of a licensed adoption agency, or county welfare department staff member of any county of this state. The petitioner, petitioner’s counsel, or person before whom the consent is signed shall immediately file the consent with the clerk of the court where the adoption request is filed. If the request has not been filed at the time the consent has been signed, the consent shall be filed simultaneously with the adoption request. Upon filing of the adoption request, the clerk shall immediately notify the probation officer or, at the option of the board of supervisors, the county welfare department of that county.(b) If the birth parent of a child to be adopted is outside this state at the time of signing the consent, the consent may be signed before an authorized representative of an adoption agency licensed in the state or country where the consent is being signed, a notary, or other person authorized to perform notarial acts.
(c) The consent, when reciting that the person giving it is entitled to sole custody of the child and when acknowledged before any authorized witness specified in subdivision (a), is prima facie evidence of the right of the person signing the consent to the sole custody of the child and that person’s sole right to consent.
(d) A birth parent who is a minor has the right to sign a consent for the adoption of the birth parent’s child and the consent is not subject to revocation by reason of the
minority.
9027.5.
In a guardian adoption, the form prescribed by the department for the consent of the birth parent shall contain substantially the following notice:“Notice to the parent who gives the child for adoption: If you and your child lived together at any time as parent and child, the adoption of your child through a guardian adoption does not affect the child’s right to inherit your property or the property of other blood relatives.”
9028.
(a) Consent of the birth parent to the adoption of the child through a guardian adoption may not be withdrawn except with court approval. Request for that approval may be made by motion, or a birth parent seeking to withdraw consent may file with the clerk of the court where the adoption petition is pending, a petition for approval of withdrawal of consent, without the necessity of paying a fee for filing the petition. The petition or motion shall be in writing, and shall set forth the reasons for withdrawal of consent, but otherwise may be in any form.(b) The court clerk shall set the matter for hearing and shall give notice of the hearing to the probation officer, qualified court investigator, or county welfare department, to the prospective
adoptive parent, and to the birth parent or parents by certified mail, return receipt requested, to the address of each as shown in the proceeding, at least 10 days before the time set for hearing.
(c) The probation officer, qualified court investigator, or county welfare department shall, before the hearing of the motion or petition for withdrawal, file a full report with the court and shall appear at the hearing to represent the interests of the child.
(d) At the hearing, the parties may appear in person or with counsel. The hearing shall be held in chambers, but the court reporter shall report the proceedings and, on court order, the fee therefor shall be paid from the county treasury. If the court finds that withdrawal of the consent to adoption is reasonable in view of all the circumstances and that withdrawal of the consent is in the child’s best interest, the court shall
approve the withdrawal of the consent. Otherwise the court shall withhold its approval. Consideration of the child’s best interest shall include, but is not limited to, an assessment of the child’s age, the extent of bonding with the prospective adoptive parent, the extent of bonding or the potential to bond with the birth parent, and the ability of the birth parent to provide adequate and proper care and guidance to the child. If the court approves the withdrawal of consent, the adoption proceeding shall be dismissed.
(e) A court order granting or withholding approval of a withdrawal of consent to an adoption may be appealed in the same manner as an order of the juvenile court declaring a person to be a ward of the juvenile court.
9028.5.
(a) If the petitioner moves to withdraw the adoption petition or to dismiss the proceeding, the court clerk shall immediately notify the probation officer, qualified court investigator, or county welfare department of the action, unless a home investigation was not required pursuant to Section 9026.(b) If a birth parent has refused to give the required consent, the adoption petition shall be dismissed.
