BILL NUMBER: AB 2674 CHAPTERED 08/25/04 CHAPTER 306 FILED WITH SECRETARY OF STATE AUGUST 25, 2004 APPROVED BY GOVERNOR AUGUST 24, 2004 PASSED THE ASSEMBLY AUGUST 12, 2004 PASSED THE SENATE JUNE 24, 2004 AMENDED IN SENATE JUNE 22, 2004 AMENDED IN SENATE JUNE 3, 2004 AMENDED IN ASSEMBLY APRIL 1, 2004 AMENDED IN ASSEMBLY MARCH 24, 2004 INTRODUCED BY Assembly Member Leno FEBRUARY 20, 2004 An act to amend Section 8700 of the Family Code, relating to adoption. LEGISLATIVE COUNSEL'S DIGEST AB 2674, Leno. Adoption: relinquishment. 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 provides that a relinquishment is not final and binding until a certified copy is filed with the State Department of Social Services. This bill would require a licensed adoption agency to send that copy by certified mail, return receipt requested, or by overnight courier or messenger, with proof of delivery, within a specified timeframe. The bill would make the relinquishment final within 10 business days after the filing is received by the State Department of Social Services, unless a longer period of time is necessary, as specified. This bill would make a related statement of legislative intent. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 8700 of the Family Code is amended to read: 8700. (a) Either birth parent may relinquish a child to the department or a licensed adoption agency for adoption by a written statement signed before two subscribing witnesses and acknowledged before an authorized official of the department or agency. The relinquishment, when reciting that the person making it is entitled to the sole custody of the child and acknowledged before the officer, is prima facie evidence of the right of the person making it to the sole custody of the child and the person's sole right to relinquish. (b) A relinquishing parent who is a minor has the right to relinquish his or her child for adoption to the department or a licensed adoption agency, and the relinquishment is not subject to revocation by reason of the minority. (c) If a relinquishing parent resides outside this state and the child is being cared for and is or will be placed for adoption by the department or a licensed adoption agency, the relinquishing parent may relinquish the child to the department or agency by a written statement signed by the relinquishing parent before a notary on a form prescribed by the department, and previously signed by an authorized official of the department or agency, that signifies the willingness of the department or agency to accept the relinquishment. (d) If a relinquishing parent and child reside outside this state and the child will be cared for and will be placed for adoption by the department or a licensed adoption agency, the relinquishing parent may relinquish the child to the department or agency by a written statement signed by the relinquishing parent, after that parent has satisfied the following requirements: (1) Prior to signing the relinquishment, the relinquishing parent shall have received, from a representative of an agency licensed or otherwise approved to provide adoption services under the laws of the relinquishing parent's state of residence, the same counseling and advisement services as if the relinquishing parent resided in this state. (2) The relinquishment shall be signed before a representative of an agency licensed or otherwise approved to provide adoption services under the laws of the relinquishing parent's state of residence whenever possible or before a licensed social worker on a form prescribed by the department, and previously signed by an authorized official of the department or agency, that signifies the willingness of the department or agency to accept the relinquishment. (e) The relinquishment authorized by this section has no effect until a certified copy is sent to, and filed with, the department. The licensed adoption agency shall send that copy by certified mail, return receipt requested, or by overnight courier or messenger, with proof of delivery, to the department no earlier than the end of the business day following the signing thereof. The relinquishment shall be final within 10 business days after receipt of the filing by the department, unless a longer period of time is necessary due to a pending court action or some other cause beyond the control of the department. After the relinquishment is filed and final, it may be rescinded only by the mutual consent of the department or licensed adoption agency to which the child was relinquished and the birth parent or parents relinquishing the child. (f) The relinquishing parent may name in the relinquishment the person or persons with whom he or she intends that placement of the child for adoption be made by the department or licensed adoption agency. (g) Notwithstanding subdivision (e), if the relinquishment names the person or persons with whom placement by the department or licensed adoption agency is intended and the child is not placed in the home of the named person or persons or the child is removed from the home prior to the granting of the adoption, the department or agency shall mail a notice by certified mail, return receipt requested, to the birth parent signing the relinquishment within 72 hours of the decision not to place the child for adoption or the decision to remove the child from the home. (h) The relinquishing parent has 30 days from the date on which the notice described in subdivision (g) was mailed to rescind the relinquishment. (1) If the relinquishing parent requests rescission during the 30-day period, the department or licensed adoption agency shall rescind the relinquishment. (2) If the relinquishing parent does not request rescission during the 30-day period, the department or licensed adoption agency shall select adoptive parents for the child. (3) If the relinquishing parent and the department or licensed adoption agency wish to identify a different person or persons during the 30-day period with whom the child is intended to be placed, the initial relinquishment shall be rescinded and a new relinquishment identifying the person or persons completed. (i) If the parent has relinquished a child, who has been found to come within Section 300 of the Welfare and Institutions Code or is the subject of a petition for jurisdiction of the juvenile court under Section 300 of the Welfare and Institutions Code, to the department or a licensed adoption agency for the purpose of adoption, the department or agency accepting the relinquishment shall provide written notice of the relinquishment within five court days to all of the following: (1) The juvenile court having jurisdiction of the child. (2) The child's attorney, if any. (3) The relinquishing parent's attorney, if any. (j) The filing of the relinquishment with the department terminates all parental rights and responsibilities with regard to the child, except as provided in subdivisions (g) and (h). (k) The department shall adopt regulations to administer the provisions of this section. SEC. 2. It is the Legislature's intent, in enacting this act, to ensure that the process for the relinquishment for adoption of a child to the State Department of Social Services or a licensed adoption agency is expedited to the greatest extent possible while also ensuring that the interests of all parties are considered, especially the interests of the child.