Bill Text: CA AB848 | 2013-2014 | Regular Session | Chaptered
Bill Title: Adoption.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2013-10-11 - Chaptered by Secretary of State - Chapter 743, Statutes of 2013. [AB848 Detail]
Download: California-2013-AB848-Chaptered.html
BILL NUMBER: AB 848 CHAPTERED
BILL TEXT
CHAPTER 743
FILED WITH SECRETARY OF STATE OCTOBER 11, 2013
APPROVED BY GOVERNOR OCTOBER 11, 2013
PASSED THE SENATE SEPTEMBER 3, 2013
PASSED THE ASSEMBLY SEPTEMBER 6, 2013
AMENDED IN SENATE JULY 2, 2013
INTRODUCED BY Assembly Member Patterson
FEBRUARY 21, 2013
An act to amend Sections 8700.5, 8730, and 8810 of the Family
Code, relating to adoption.
LEGISLATIVE COUNSEL'S DIGEST
AB 848, Patterson. Adoption.
Existing law prescribes the procedures for the relinquishment of a
child to the State Department of Social Services or a licensed
adoption agency for adoption, and requires the relinquishment to be
signed and acknowledged before specified persons. Existing law
specifies certain time periods during which a birth parent may revoke
a relinquishment for adoption, but also provides that a birth parent
may elect to sign a waiver of the right to revoke relinquishment in
the presence of specified persons. Existing law requires that if the
waiver is signed in the presence of an authorized representative of a
private licensed adoption agency, the relinquishment becomes final
and irrevocable at the close of the next business day.
This bill would additionally provide that if the waiver is signed
in the presence of an authorized representative of a private licensed
adoption agency, the relinquishment becomes final and irrevocable at
either the close of the next business day or at the close of the
next business day after expiration of any holding period specified in
writing, whichever is later. The bill would also provide that the
waiver of the right to revoke relinquishment is invalid if the
relinquishment is determined to be invalid, is revoked during any
holding period specified in writing, or is rescinded, as specified.
Under existing law, at the discretion of the department, county
adoption agency, or a licensed adoption agency, an abbreviated
assessment or home study of the prospective adoptive parent may be
performed, as provided, if the prospective adoptive parent of a child
is a foster parent with whom the child has lived for a minimum of 6
months or a relative caregiver who has had an ongoing and significant
relationship with the child.
This bill would permit an abbreviated assessment or home study for
a licensed or certified foster parent with whom the child has lived
for a minimum of 6 months, an approved relative caregiver or
nonrelated extended family member with whom the dependent child has
had an ongoing and significant relationship, a court-appointed
relative guardian of the child, as specified, or a prospective
adoptive parent who has completed an agency-supervised adoption
within the last 2 years. The bill would require that the abbreviated
assessment include a review by the department, county adoption
agency, or licensed adoption agency of all previous guardianship
investigation reports, home study assessments, and preplacement
evaluations of each applicant, and would authorize the department or
these adoption agencies to receive a copy of any of these reports
upon a written request that is accompanied by a signed release from
the applicant. The bill would state that these provisions do not
apply to independent adoptions, and would authorize the department to
promulgate regulations.
Existing law requires prospective adoptive parents in an
independent adoption to pay a fee to the department or delegated
county adoption agency for the cost of investigating the adoption
petition. Under existing law, the department or delegated adoption
agency may reduce the fee to no less than $500 if the prospective
adoptive parents are very low income according to the income limits
published by the Department of Housing and Community Development.
This bill would instead authorize the department or delegated
adoption agency to reduce the fee if the prospective adoptive parents
are lower income according to those income limits.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8700.5 of the Family Code is amended to read:
8700.5. (a) A relinquishing birth parent may elect to sign a
waiver of the right to revoke relinquishment in the presence of any
of the following:
(1) A representative of the department or the delegated county
adoption agency, or any public adoption agency of another state.
(2) A judicial officer of a court of record, within or outside of
California, if the birth parent is represented by independent legal
counsel.
(3) An authorized representative of a licensed private adoption
agency within or outside of California, including a representative of
the adoption agency that witnessed or accepted the relinquishment,
if the birth parent is represented by independent legal counsel.
(b) The waiver of the right to revoke relinquishment may not be
signed until the department, delegated county adoption agency, or
public adoption agency of another state has completed an interview,
unless the waiver is signed in the presence of a judicial officer of
a court of record of any state or an authorized representative of a
private adoption agency licensed within or outside of California. If
the waiver is signed in the presence of a judicial officer, the
interview and witnessing of the signing of the waiver shall be
conducted by the judicial officer. If the waiver is signed in the
presence of an authorized representative of a licensed adoption
agency, the interview shall be conducted by the independent legal
counsel for the birth parent or parents, who shall:
(1) Review the waiver with the birth parent or parents.
(2) Counsel the birth parent or parents about the nature of the
intended waiver.
(3) Sign and deliver to the birth parent or parents and the
licensed adoption agency a certificate in substantially the following
form:
"I, (name of attorney), have counseled my client, (name of
client), about the nature and legal effect of the waiver of the right
to revoke the relinquishment for adoption. I am so disassociated
from the interest of the prospective adoptive parent(s) and the
licensed adoption agency as to be in a position to advise my client
impartially and confidentially as to the consequences of the waiver.
My client is aware that California law provides an indeterminate
period, usually 2 to 10 business days, during which a birth parent
may revoke a relinquishment for adoption. On the basis of this
counsel, I conclude that it is the intent of my client to waive the
right to revoke, and to make a permanent and irrevocable
relinquishment for adoption. My client understands that upon signing
this waiver, he or she will not be able to regain custody of the
child unless the prospective adoptive parent or parents agree to
withdraw the petition for adoption or the court denies the adoption
petition."
(c) If the placing birth parent signs the waiver in front of a
judicial officer or the department, the relinquishment shall become
final and irrevocable at the time the waiver is signed. If the waiver
is signed in the presence of an authorized representative of a
private licensed adoption agency, the relinquishment shall become
final and irrevocable at the close of the next business day after the
relinquishment was signed, or at the close of the next business day
after expiration of any holding period specified in writing,
whichever is later.
(d) The licensed adoption agency shall submit the waiver and
certificate to the department with the relinquishment, unless the
relinquishment was submitted to the department before the waiver was
signed, in which case the waiver and certificate shall be submitted
to the department no later than two business days after signing.
(e) A waiver executed pursuant to this section shall be void if
any of the following occur:
(1) The relinquishment is determined to be invalid.
(2) The relinquishment is revoked during any holding period
specified in writing.
(3) The relinquishment is rescinded pursuant to Section 8700.
(f) This section does not limit the birth parent's right to
rescind the relinquishment pursuant to Section 8700.
SEC. 2. Section 8730 of the Family Code is amended to read:
8730. (a) Subject to the requirements of subdivision (b), the
department, county adoption agency, or licensed adoption agency has
the discretion to provide an abbreviated home study assessment for
any of the following:
(1) A licensed or certified foster parent with whom the child has
lived for a minimum of six months.
(2) An approved relative caregiver or nonrelated extended family
member with whom the child has had an ongoing and significant
relationship.
(3) A court-appointed relative guardian of the child who has been
investigated and approved pursuant to the guardianship investigation
process and has had physical custody of the child for at least one
year.
(4) A prospective adoptive parent who has completed an
agency-supervised adoption within the last two years.
(b) Unless otherwise ordered by a court with jurisdiction over the
child, home study assessments completed pursuant to subdivision (a)
shall include, at minimum, all of the following:
(1) A criminal records check, as required by all applicable state
and federal statutes and regulations.
(2) A determination that the applicant has sufficient financial
stability to support the child and ensure that any adoption
assistance program payment or other government assistance to which
the child is entitled is used exclusively to meet the child's needs.
In making this determination, the experience of the applicant only
while the child was in his or her care shall be considered. For
purposes of this section, the applicant shall be required to provide
verification of employment records or income or both.
(3) A determination that the applicant has not abused or neglected
the child while the child has been in his or her care and has
fostered the healthy growth and development of the child. This
determination shall include a review of the disciplinary practices of
the applicant to ensure that the practices are age appropriate and
do not physically or emotionally endanger the child.
(4) A determination that the applicant is not likely to abuse or
neglect the child in the future, that the applicant can protect the
child, ensure necessary care and supervision, and foster the child's
healthy growth and development.
(5) A determination that the applicant can address that may affect
the child's well-being, including, but not limited to, physical
health, mental health, and educational needs.
(6) An interview with the applicant, an interview with each
individual residing in the home, and an interview with the child to
be adopted.
(7) A review by the department, county adoption agency, or
licensed adoption agency of all previous guardianship investigation
reports, home study assessments, and preplacement evaluations of each
applicant. Notwithstanding any other law regarding the confidential
nature of these reports, upon the written request of the department,
county adoption agency, or licensed adoption agency that is
accompanied by a signed release from the applicant, the department,
county adoption agency, or licensed adoption agency may receive a
copy of any of these reports from a court, investigating agency, or
other person or entity in possession of the report. The department,
county adoption agency, or licensed adoption agency shall document
any attempts to obtain the report and, if applicable, the reason the
report is unavailable.
(c) The department may promulgate regulations as necessary or
appropriate to implement this section.
(d) This section does not apply to independent adoptions filed
pursuant to Chapter 3 (commencing with Section 8800).
SEC. 3. Section 8810 of the Family Code is amended to read:
8810. (a) Except as otherwise provided in this section, whenever
a petition is filed under this chapter for the adoption of a child,
the petitioner shall pay a nonrefundable fee to the department or to
the delegated county adoption agency for the cost of investigating
the adoption petition. Fifty percent of the payment shall be made to
the department or delegated county adoption agency at the time the
adoption petition is filed, and the remaining balance shall be paid
no later than the date determined by the department or the delegated
county adoption agency in an amount as follows:
(1) For petitions filed on and after October 1, 2008, four
thousand five hundred dollars ($4,500).
(2) For petitioners who have a valid preplacement evaluation less
than one year old pursuant to Section 8811.5, or a valid private
agency adoption home study less than two years old at the time of
filing a petition, one thousand five hundred fifty dollars ($1,550)
for a postplacement evaluation pursuant to Sections 8806 and 8807.
(b) Revenues produced by fees collected by the department pursuant
to subdivision (a) shall be used, when appropriated by the
Legislature, to fund only the direct costs associated with the state
program for independent adoptions. Revenues produced by fees
collected by the delegated county adoption agency pursuant to
subdivision (a) shall be used by the county to fund the county
program for independent adoptions.
(c) The department or delegated county adoption agency may reduce
the fee to no less than five hundred dollars ($500) when the
prospective adoptive parents are lower income, according to the
income limits published by the Department of Housing and Community
Development, and when making the required payment would be
detrimental to the welfare of an adopted child. The department shall
develop additional guidelines regarding income and assets to
determine the financial criteria for reduction of the fee under this
subdivision.
