BILL NUMBER: AB 538 CHAPTERED 09/27/01 CHAPTER 353 FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2001 APPROVED BY GOVERNOR SEPTEMBER 26, 2001 PASSED THE ASSEMBLY AUGUST 30, 2001 PASSED THE SENATE AUGUST 27, 2001 AMENDED IN SENATE AUGUST 22, 2001 AMENDED IN SENATE JULY 18, 2001 AMENDED IN SENATE MAY 31, 2001 AMENDED IN ASSEMBLY APRIL 24, 2001 AMENDED IN ASSEMBLY APRIL 16, 2001 INTRODUCED BY Assembly Member Cardoza FEBRUARY 21, 2001 An act to amend Sections 7630, 8919, and 9001 of the Family Code, and to amend Section 16010 of, and to add Section 16005 to, the Welfare and Institutions Code, relating to adoption. LEGISLATIVE COUNSEL'S DIGEST AB 538, Cardoza. Adoption. Existing law provides that a child, the child's natural mother, or a man presumed to be the child's father, among other specified persons, may bring an action to determine the existence or nonexistence of the father and child relationship, as specified. Existing law requires that action to be consolidated with an action to terminate the parental rights of the father in an adoption proceeding. This bill would require a paternity action that is consolidated with an action to terminate the parental rights of the father in an adoption proceeding, to be heard in the county in which the action to terminate parental rights is filed, unless the court in the paternity action finds, by clear and convincing evidence, that transferring the paternity action to the other county poses a substantial hardship. If the court determines that there is a substantial hardship, the bill would require that the consolidated action be heard in the county in which the paternity action is filed. Existing law requires each state resident who adopts a child through an intercountry adoption that is finalized in a foreign country to readopt the child in this state if it is required by the Immigration and Naturalization Service. This bill would provide that each state resident who adopts a child through an intercountry adoption which is finalized in a foreign country may obtain a birth certificate in the State of California, as specified. Existing law authorizes the probation officer, qualified court investigator, or, at the option of the board of supervisors, the county welfare department in a county in which an adoption proceeding is pending, to conduct an investigation of each case of stepparent adoption, and provides that the court may not make an order of adoption until after the probation officer, qualified court investigator, or county welfare department has filed its report and recommendation and they have been considered by the court. This bill would additionally authorize a licensed clinical social worker or licensed marriage family therapist to engage in the above investigation, and to prepare and file a report and recommendation regarding the stepparent adoption to be considered by the court. Existing law requires that, as soon as possible, but not later than 30 days after initial placement of a child into foster care, the child protective agency provide the caretaker with the child's current health and education summary, as specified, and for each subsequent placement, the child protective agency shall provide the caretaker with a current summary, as specified, within 48 hours of the placement. The bill would provide that the child protective agency may disclose information, as specified, to prospective caretakers prior to placement of a child if the child protective agency intends to place the child with the prospective caretaker or caretakers and the prospective caretaker or caretakers are willing to become the adoptive parent or parents of the child and meet other specified criteria. The bill would also provide that the child protective agency may disclose to the prospective caretaker the child's placement history or underlying source documents, as specified. The bill would require that siblings be assigned to the same social worker when there is a prospective adoptive family that intends to adopt the children as a sibling group, except as specified. Because this bill would increase certain duties of a child protective agency, it 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, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 7630 of the Family Code is amended to read: 7630. (a) A child, the child's natural mother, or a man presumed to be the child's father under subdivision (a), (b), or (c) of Section 7611, may bring an action as follows: (1) At any time for the purpose of declaring the existence of the father and child relationship presumed under subdivision (a), (b), or (c) of Section 7611. (2) For the purpose of declaring the nonexistence of the father and child relationship presumed under subdivision (a), (b), or (c) of Section 7611 only if the action is brought within a reasonable time after obtaining knowledge of relevant facts. After the presumption has been rebutted, paternity of the child by another man may be determined in the same action, if he has been made a party. (b) Any interested party may bring an action at any time for the purpose of determining the existence or nonexistence of the father and child relationship presumed under subdivision (d) of Section 7611. (c) An action to determine the existence of the father and child relationship with respect to a child who has no presumed father under Section 7611 or whose presumed father is deceased may be brought by the child or personal representative of the child, the Department of Child Support Services, the mother or the personal representative or a parent of the mother if the mother has died or is a minor, a man alleged or alleging himself to be the father, or the personal representative or a parent of the alleged father if the alleged father has died or is a minor. (d) An action under subdivision (c) shall be consolidated with a proceeding pursuant to Section 7662 if a proceeding has been filed under Chapter 5 (commencing with Section 7660). The parental rights of the alleged natural father shall be determined as set forth in Section 7664. The consolidated action shall be heard in the county in which the Section 7662 proceeding is filed, unless the court in which the action under subdivision (c) is filed finds, by clear and convincing evidence, that transferring the action to the other county poses a substantial hardship to the petitioner. Mere inconvenience does not constitute a sufficient basis for a finding of substantial hardship. If the court determines there is a substantial hardship, the consolidated action shall be heard in the county in which the paternity action is filed. SEC. 2. Section 8919 of the Family Code is amended to read: 8919. (a) Each state resident who adopts a child through an intercountry adoption that is finalized in a foreign country shall readopt the child in this state if it is required by the Immigration and Naturalization Service. The readoption shall include, but is not limited to, at least one postplacement in-home visit, the filing of the adoption petition pursuant to Section 8912, the intercountry adoption court report, accounting reports, and the final adoption order. No readoption order shall be granted unless the court receives a report from an adoption agency authorized to provide intercountry adoption services pursuant to Section 8900. (b) Each state resident who adopts a child through an intercountry adoption that is finalized in a foreign country may readopt the child in this state. The readoption shall meet the standards described in subdivision (a). (c) In addition to the requirement or option of the readoption process set forth in this section, each state resident who adopts a child through an intercountry adoption which is finalized in a foreign country may obtain a birth certificate in the State of California in accordance with the provisions of Section 103450 of the Health and Safety Code. SEC. 3. Section 9001 of the Family Code is amended to read: 9001. (a) The probation officer, qualified court investigator, licensed clinical social worker, licensed marriage family therapist, or, at the option of the board of supervisors, the county welfare department in the county in which the adoption proceeding is pending shall make an investigation of each case of stepparent adoption. The court may not make an order of adoption until after the probation officer, qualified court investigator, licensed clinical social worker, licensed marriage family therapist, or county welfare department has filed its report and recommendation and they have been considered by the court. (b) Unless ordered by the court, no home study may be required of the petitioner's home in a stepparent adoption. The agency conducting the investigation or any interested person may request the court to order a home study or the court may order a home study on its own motion. (c) "Home study" as used in this section means a physical investigation of the premises where the child is residing. SEC. 4. Section 16005 is added to the Welfare and Institutions Code, to read: 16005. Siblings shall be assigned to the same social worker when there is a prospective adoptive family that intends to adopt the children as a sibling group, unless the responsible local agency finds that assigning the siblings to the same social worker would not be in the best interest of the child or the siblings or the operation of the county office. SEC. 5. Section 16010 of the Welfare and Institutions Code is amended to read: 16010. (a) When a child is placed in foster care, the case plan for each child recommended pursuant to Section 358.1 shall include a summary of the health and education information or records, including mental health information or records, of the child. The summary may be maintained in the form of a health and education passport, or a comparable format designed by the child protective agency. The health and education summary shall include, but not be limited to, the names and addresses of the child's health, dental, and education providers, the child's grade level performance, the child's school record, assurances that the child's placement in foster care takes into account proximity to the school in which the child is enrolled at the time of placement, a record of the child's immunizations and allergies, the child's known medical problems, the child's current medications, past health problems and hospitalizations, a record of the child's relevant mental health history, the child's known mental health condition and medications, and any other relevant mental health, dental, health, and education information concerning the child determined to be appropriate by the Director of Social Services. If any other provision of law imposes more stringent information requirements, then that section shall prevail. (b) Additionally, any court report or assessment required pursuant to subdivision (g) of Section 361.5, Section 366.1, subdivision (d) of Section 366.21, or subdivision (b) of Section 366.22 shall include a copy of the current health and education summary described in subdivision (a). (c) As soon as possible, but not later than 30 days after initial placement of a child into foster care, the child protective agency shall provide the caretaker with the child's current health and education summary as described in subdivision (a). For each subsequent placement, the child protective agency shall provide the caretaker with a current summary as described in subdivision (a) within 48 hours of the placement. (d) (1) Notwithstanding Section 827 or any other provision of law, the child protective agency may disclose any information described in this section to a prospective caretaker or caretakers prior to placement of a child if all of the following requirements are met: (A) The child protective agency intends to place the child with the prospective caretaker or caretakers. (B) The prospective caretaker or caretakers are willing to become the adoptive parent or parents of the child. (C) The prospective caretaker or caretakers have an approved adoption assessment or home study, a foster family home license, certification by a licensed foster family agency, or approval pursuant to the requirements in Sections 361.3 and 361.4. (2) In addition to the information required to be provided under this section, the child protective agency may disclose to the prospective caretaker specified in paragraph (1), placement history or underlying source documents that are provided to adoptive parents pursuant to subdivisions (a) and (b) of Section 8706 of the Family Code. (e) The child's caretaker shall be responsible for obtaining and maintaining accurate and thorough information from physicians and educators for the child's summary as described in subdivision (a) during the time that the child is in the care of the caretaker. On each required visit, the child protective agency or its designee family foster agency shall inquire of the caretaker whether there is any new information that should be added to the child's summary as described in subdivision (a). The child protective agency shall update the summary with such information as appropriate, but not later than the next court date or within 48 hours of a change in placement. The child protective agency or its designee family foster agency shall take all necessary steps to assist the caretaker in obtaining relevant health and education information for the child's health and education summary as described in subdivision (a). (f) At the initial hearing, the court shall direct each parent to provide to the child protective agency complete medical, dental, mental health, and educational information, and medical background, of the child and of the child's mother and the child's biological father if known. The Judicial Council shall create a form for the purpose of obtaining health and education information from the child' s parents or guardians at the initial hearing. The court shall determine at the hearing held pursuant to Section 358 whether the medical, dental, mental health, and educational information has been provided to the child protective agency. SEC. 6. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.