BILL NUMBER: SB 1512 CHAPTERED 08/26/02 CHAPTER 260 FILED WITH SECRETARY OF STATE AUGUST 26, 2002 APPROVED BY GOVERNOR AUGUST 24, 2002 PASSED THE SENATE AUGUST 8, 2002 PASSED THE ASSEMBLY JUNE 24, 2002 AMENDED IN ASSEMBLY JUNE 20, 2002 AMENDED IN ASSEMBLY JUNE 5, 2002 AMENDED IN SENATE APRIL 23, 2002 AMENDED IN SENATE APRIL 11, 2002 INTRODUCED BY Senator Scott FEBRUARY 20, 2002 An act to amend Sections 7666, 7669, 7807, 7850, 7851, and 7901 of, and to add Chapter 8 (commencing with Section 9210) to Part 2 of Division 13 of, and to add Section 7908.5 to, the Family Code, relating to family law proceedings. LEGISLATIVE COUNSEL'S DIGEST SB 1512, Scott. Parental custody and control. (1) Existing law requires, in a proceeding to terminate the parental rights of a father in order to place a child for adoption, that notice of the proceeding be given to every person identified as the natural father or a possible natural father, except as specified. This bill would require that notice to be provided at least 10 days before the time stated in the notice for the appearance. (2) Existing law provides that an order requiring or dispensing with a father's consent for the adoption of a child may be appealed from in the same manner as an order of the juvenile court declaring a person to be a ward of the juvenile court. This bill would instead provide that an order requiring or dispensing with a father's consent for the adoption of a child is conclusive and binding upon the father. The bill would also provide that nothing in that provision limits the right to appeal from that order and judgment. (3) Existing law provides that specified provisions relating to matters to be considered in awarding custody of a child do not apply in a proceeding to declare a minor free from parental custody and control. This bill would additionally provide that specified provisions governing child custody, support orders, and the prevention of domestic violence shall be stayed pending final determination of proceedings to declare a minor free from parental custody and control. (4) Existing law authorizes any interested person to file a petition for an order or judgment declaring a child free from the custody and control of either or both parents. Upon the filing of that petition, the clerk of the court is required to immediately notify one of the persons on a list of specified professionals. The person who is notified by the clerk is required to immediately conduct an investigation for the circumstances of the child, as specified. That person is required to submit a written report of the investigation and a recommendation to the court of the proper disposition to be made in the proceeding in the best interest of the child. This bill would include licensed clinical social workers and licensed marriage and family therapists to the list of specified professionals who may be notified by the clerk and may be required to conduct the investigation and submit a report and recommendation to the court as described above. (5) Existing law, the Interstate Compact on the Placement of Children, governs the conditions for placing children in facilities located outside this state. Existing law requires the sending agency to retain jurisdiction over the child who is being placed. This bill would enact a separate provision defining the term "jurisdiction" for purposes of these provisions, as specified. (6) Existing law governs proceedings for the adoption of an unmarried minor in this state. This bill would enact provisions governing the jurisdiction of a court of this state in adoption proceedings in cases where another state may have jurisdiction in the matter. These provisions would also apply to interstate adoptions if the prospective adoptive parents reside outside the state and AB 746 of the 2001-02 Regular Session is enacted. The bill would also set forth guidelines for determining venue if a petition for adoption of a minor is filed. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 7666 of the Family Code is amended to read: 7666. (a) Except as provided in subdivision (b), notice of the proceeding shall be given to every person identified as the natural father or a possible natural father in accordance with the Code of Civil Procedure for the service of process in a civil action in this state at least 10 days before the date stated in the notice of the proceeding, except that publication or posting of the notice of the proceeding is not required. Proof of giving the notice shall be filed with the court before the petition is heard. (b) If a person identified as the natural father or possible natural father cannot be located or his whereabouts are unknown or cannot be ascertained, the court may issue an order dispensing with notice to that person. SEC. 2. Section 7669 of the Family Code is amended to read: 7669. An order requiring or dispensing with a father's consent for the adoption of a child is conclusive and binding upon the father. Nothing in this section limits the right to appeal from the order and judgment. SEC. 3. Section 7807 of the Family Code is amended to read: 7807. (a) Sections 3020, 3022, 3040 to 3043, inclusive, and 3409 do not apply in a proceeding under this part. (b) All proceedings affecting a child under Divisions 8 (commencing with Section 3000) to 11 (commencing with Section 6500), inclusive, and Parts 1 (commencing with Section 7500) to 3 (commencing with Section 7600), inclusive, of this division shall be stayed pending final determination of proceedings to declare the minor free from parental custody and control under this part. (c) Nothing in this section may limit the jurisdiction of the court pursuant to Part 3 (commencing with Section 6240) and Part 4 (commencing with Section 6300) of Division 10 with respect to domestic violence orders. SEC. 4. Section 7850 of the Family Code is amended to read: 7850. Upon the filing of a petition under Section 7841, the clerk of the court shall, in accordance with the direction of the court, immediately notify the juvenile probation officer, qualified court investigator, licensed clinical social worker, licensed marriage and family therapist, or the county department designated by the board of supervisors to administer the public social services program, who shall immediately investigate the circumstances of the child and the circumstances which are alleged to bring the child within any of the provisions of Chapter 2 (commencing with Section 7820). SEC. 5. Section 7851 of the Family Code is amended to read: 7851. (a) The juvenile probation officer, qualified court investigator, licensed clinical social worker, licensed marriage and family therapist, or the county department shall render to the court a written report of the investigation with a recommendation of the proper disposition to be made in the proceeding in the best interest of the child. (b) The report shall include all of the following: (1) A statement that the person making the report explained to the child the nature of the proceeding to end parental custody and control. (2) A statement of the child's feelings and thoughts concerning the pending proceeding. (3) A statement of the child's attitude towards the child's parent or parents and particularly whether or not the child would prefer living with his or her parent or parents. (4) A statement that the child was informed of the child's right to attend the hearing on the petition and the child's feelings concerning attending the hearing. (c) If the age, or the physical, emotional, or other condition of the child precludes the child's meaningful response to the explanations, inquiries, and information required by subdivision (b), a description of the condition shall satisfy the requirement of that subdivision. (d) The court shall receive the report in evidence and shall read and consider its contents in rendering the court's judgment. SEC. 6. Section 7901 of the Family Code is amended to read: 7901. The provisions of the interstate compact referred to in Section 7900 are as follows: INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN Article 1. Purpose and Policy It is the purpose and policy of the party states to cooperate with each other in the interstate placement of children to the end that: (a) Each child requiring placement shall receive the maximum opportunity to be placed in a suitable environment and with persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable degree and type of care. (b) The appropriate authorities in a state where a child is to be placed may have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child. (c) The proper authorities of the state from which the placement is made may obtain the most complete information on the basis on which to evaluate a projected placement before it is made. (d) Appropriate jurisdictional arrangements for the care of children will be promoted. Article 2. Definitions As used in this compact: (a) "Child" means a person who, by reason of minority, is legally subject to parental, guardianship, or similar control. (b) "Sending agency" means a party state, or officer or employee thereof; subdivision of a party state, or officer or employee thereof; a court of a party state; a person, corporation, association, charitable agency, or other entity which sends, brings, or causes to be sent or brought any child to another party state. (c) "Receiving state" means the state to which a child is sent, brought, or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons. (d) "Placement" means the arrangement for the care of a child in a family free or boarding home or in a child-caring agency or institution but does not include any institution caring for the mentally ill, mentally defective or epileptic or any institution primarily educational in character, and any hospital or other medical facility. Article 3. Conditions for Placement (a) No sending agency shall send, bring, or cause to be sent or brought into any other party state any child for placement in foster care or as a preliminary to a possible adoption unless the sending agency shall comply with each and every requirement set forth in this article and with the applicable laws of the receiving state governing the placement of children therein. (b) Before sending, bringing, or causing any child to be sent or brought into a receiving state for placement in foster care or as a preliminary to a possible adoption, the sending agency shall furnish the appropriate public authorities in the receiving state written notice of the intention to send, bring, or place the child in the receiving state. The notice shall contain: (1) The name, date, and place of birth of the child. (2) The identity and address or addresses of the parents or legal guardian. (3) The name and address of the person, agency, or institution to or with which the sending agency proposes to send, bring, or place the child. (4) A full statement of the reasons for the proposed action and evidence of the authority pursuant to which the placement is proposed to be made. (c) Any public officer or agency in a receiving state which is in receipt of a notice pursuant to paragraph (b) of this article may request of the sending agency, or any other appropriate officer or agency of or in the sending agency's state, and shall be entitled to receive therefrom, supporting or additional information as it may deem necessary under the circumstances to carry out the purpose and policy of this compact. (d) The child shall not be sent, brought, or caused to be sent or brought into the receiving state until the appropriate public authorities in the receiving state shall notify the sending agency, in writing, to the effect that the proposed placement does not appear to be contrary to the interests of the child. Article 4. Penalty for Illegal Placement The sending, bringing, or causing to be sent or brought into any receiving state of a child in violation of the terms of this compact shall constitute a violation of the laws respecting the placement of children of both the state in which the sending agency is located or from which it sends or brings the child and of the receiving state. A violation may be punished or subjected to penalty in either jurisdiction in accordance with its laws. In addition to liability for any punishment or penalty, any violation shall constitute full and sufficient grounds for the suspension or revocation of any license, permit, or other legal authorization held by the sending agency which empowers or allows it to place, or care for children. Article 5. Continuing Jurisdiction (a) The sending agency shall retain jurisdiction over the child sufficient to determine all matters in relation to the custody, supervision, care, treatment, and disposition of the child which it would have had if the child had remained in the sending agency's state, until the child is adopted, reaches majority, becomes self-supporting, or is discharged with the concurrence of the appropriate authority in the receiving state. That jurisdiction shall also include the power to effect or cause the return of the child or its transfer to another location and custody pursuant to law. The sending agency shall continue to have financial responsibility for support and maintenance of the child during the period of the placement. Nothing contained herein shall defeat a claim of jurisdiction by a receiving state sufficient to deal with an act of delinquency or crime committed therein. (b) When the sending agency is a public agency, it may enter into an agreement with an authorized public or private agency in the receiving state providing for the performance of one or more services in respect of that case by the latter as agent for the sending agency. (c) Nothing in this compact shall be construed to prevent a private charitable agency authorized to place children in the receiving state from performing services or acting as agent in that state for a private charitable agency of the sending state; nor to prevent the agency in the receiving state from discharging financial responsibility for the support and maintenance of a child who has been placed on behalf of the sending agency without relieving the responsibility set forth in paragraph (a) of this article. Article 6. Institutional Care of Delinquent Children A child adjudicated delinquent may be placed in an institution in another party jurisdiction pursuant to this compact but no such placement shall be made unless the child is given a court hearing on notice to the parent or guardian with opportunity to be heard, before being sent to the other party jurisdiction for institutional care and the court finds that both of the following exist: (a) Equivalent facilities for the child are not available in the sending agency's jurisdiction. (b) Institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship. Article 7. Compact Administrator The executive head of each jurisdiction party to this compact shall designate an officer who shall be general coordinator of activities under this compact in his or her jurisdiction and who, acting jointly with like officers of other party jurisdictions, shall have power to promulgate rules and regulations to carry out more effectively the terms and provisions of this compact. Article 8. Limitations This compact shall not apply to: (a) The sending or bringing of a child into a receiving state by his or her parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, or his or her guardian and leaving the child with any such relative or nonagency guardian in the receiving state. (b) Any placement, sending or bringing of a child into a receiving state pursuant to any other interstate compact to which both the state from which the child is sent or brought and the receiving state are party, or to any other agreement between said states which has the force of law. Article 9. Enactment and Withdrawal This compact shall be open to joinder by any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and, with the consent of Congress, the government of Canada or any province thereof. It shall become effective with respect to any of these jurisdictions when that jurisdiction has enacted the same into law. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until two years after the effective date of the statute and until written notice of the withdrawal has been given by the withdrawing state to the Governor of each other party jurisdiction. Withdrawal of a party state shall not affect the rights, duties, and obligations under this compact of any sending agency therein with respect to a placement made before the effective date of withdrawal. Article 10. Construction and Severability The provisions of this compact shall be liberally construed to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. SEC. 7. Section 7908.5 is added to the Family Code, to read: 7908.5. For the purposes of an interstate adoption placement, the term "jurisdiction" as used in Article 5 of the Interstate Compact on the Placement of Children means "jurisdiction over or legal responsibility for the child." It is the intent of the Legislature that this section make a technical clarification to the Interstate Compact on the Placement of Children and not a substantive change. SEC. 8. Chapter 8 (commencing with Section 9210) is added to Part 2 of Division 13 of the Family Code, to read: CHAPTER 8. ADOPTION PROCEEDINGS: CONFLICT OF LAWS 9210. (a) Except as otherwise provided in subdivisions (b) and (c), a court of this state has jurisdiction over a proceeding for the adoption of a minor commenced under this part if any of the following applies: (1) Immediately before commencement of the proceeding, the minor lived in this state with a parent, a guardian, a prospective adoptive parent, or another person acting as parent, for at least six consecutive months, excluding periods of temporary absence, or, in the case of a minor under six months of age, lived in this state with any of those individuals from soon after birth and there is available in this state substantial evidence concerning the minor's present or future care. (2) Immediately before commencement of the proceeding, the prospective adoptive parent lived in this state for at least six consecutive months, excluding periods of temporary absence, and there is available in this state substantial evidence concerning the minor' s present or future care. (3) The agency that placed the minor for adoption is located in this state and both of the following apply: (A) The minor and the minor's parents, or the minor and the prospective adoptive parent, have a significant connection with this state. (B) There is available in this state substantial evidence concerning the minor's present or future care. (4) The minor and the prospective adoptive parent are physically present in this state and the minor has been abandoned or it is necessary in an emergency to protect the minor because the minor has been subjected to or threatened with mistreatment or abuse or is otherwise neglected. (5) It appears that no other state would have jurisdiction under requirements substantially in accordance with paragraphs (1) to (4), inclusive, or another state has declined to exercise jurisdiction on the ground that this state is the more appropriate forum to hear a petition for adoption of the minor, and there is available in this state substantial evidence concerning the minor's present or future care. (b) A court of this state may not exercise jurisdiction over a proceeding for adoption of a minor if at the time the petition for adoption is filed a proceeding concerning the custody or adoption of the minor is pending in a court of another state exercising jurisdiction substantially in conformity with this part, unless the proceeding is stayed by the court of the other state because this state is a more appropriate forum or for another reason. (c) If a court of another state has issued a decree or order concerning the custody of a minor who may be the subject of a proceeding for adoption in this state, a court of this state may not exercise jurisdiction over a proceeding for adoption of the minor, unless both of the following apply: (1) The requirements for modifying an order of a court of another state under this part are met, the court of another state does not have jurisdiction over a proceeding for adoption substantially in conformity with paragraphs (1) to (4), inclusive, of subdivision (a), or the court of another state has declined to assume jurisdiction over proceeding for adoption. (2) The court of this state has jurisdiction under this section over the proceeding for adoption. 9211. A petition for adoption of a minor may be filed in the court in the county in which any of the following applies: (a) A petitioner lives. (b) The minor lives. (c) An office of an agency that placed the minor is located. 9212. (a) Sections 9210 and 9211 shall apply to interstate adoptions if the prospective adoptive parents reside outside of the state. (b) This section shall become operative only if AB 746 of the 2001-02 Regular Session is enacted. If AB 746 is not enacted, the application of Sections 9120 and 9211 is not intended to expand jurisdiction to apply to interstate adoptions if the prospective adoptive parents reside outside of the state.