BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1757|
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THIRD READING
Bill No: AB 1757
Author: Fletcher (I)
Amended: 8/15/12 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE : 4-0, 6/26/12
AYES: Evans, Harman, Corbett, Leno
NO VOTE RECORDED: Blakeslee
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 75-0, 5/31/12 - See last page for vote
SUBJECT : Family law: adoption
SOURCE : Academy of California Adoption Lawyers
DIGEST : This bill makes several changes to the adoption
process and adoptive placement considerations, including
(1) authorizing a licensed social worker or marriage and
family therapist who is performing the investigation for
stepparent adoption to help identify a child's natural
father; (2) clarifying the timelines for setting initial
hearings and contested trials in cases involving the
termination of parental rights of presumed fathers and
mothers by requiring that a proceeding to declare a child
free from parental custody and control be set for hearing
not more than 45 days after filing of the petition, and
authorizing a court to issue an order based on the pleading
if no interested person contests the petition; (3) allowing
CONTINUED
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birth parents that use an agency for an adoption to waive
their right to revoke relinquishment of their child for
adoption; (4) clarifying the venue for adoption petitions
filed on behalf of a nondependent minor; (5) authorizing
the court to refer any case of possible child abuse or
neglect to the child welfare agency, and allowing the
court, pending the results of that investigation, to take
any reasonable steps to protect the child's safety; and (6)
other clarifying and conforming changes.
Senate Floor Amendments of 8/15/12 repeal the current venue
provision s for adoption proceedings, which are found in a
chapter of the Family Code dealing with conflict of laws,
and re-enact the amended venue provisions in a chapter of
the Family Code dealing with general adoption provisions.
ANALYSIS : Existing law requires that efforts be made to
identify the natural father in a proceeding to terminate
parental rights as part of an adoption proceeding. In the
case of a step-parent adoption, existing law allows the
board of supervisors to determine who should attempt to
identify the father, as specified. (Family Code (FAM)
Section 7663)
This bill authorizes a licensed social worker or marriage
and family therapist performing an investigation in a
stepparent adoption to help identify the child's natural
father.
Existing law provides a process for terminating the
parental rights of dependent children. (Welfare and
Institutions Code Section 366.26)
Existing law provides that a proceeding to declare a child
free from parental custody and control be set for trial
within 45 days after the filing of the petition and
completion of service of process. (FAM Section 7870)
This bill requires that initial hearings and contested
trials in cases involving termination of parental rights of
presumed fathers and mothers be set for hearing not more
than 45 days after the filing of the petition. This bill
requires the court to set the matter for trial if an
interested person contests the petition, but authorizes the
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court to issue an order based on the pleading if no
interested person contests.
Existing law sets forth guidelines to be followed relative
to the relinquishment of a child to specified state, county
or licensed adoption agencies. (FAM Section 8700)
This bill provides that relinquishment is final 10 business
days after receipt of the filing unless the birth parent
signs a waiver of right to revoke relinquishment, as
specified.
Existing law provides that a birth parent, who is
represented by independent counsel, may waive the right to
revoke consent to an independent adoption by signing the
waiver in the presence of a representative of the
Department of Social Services or the delegated county
adoption agency; a judicial officer if the birth parent is
represented by independent legal counsel; or an adoption
service provider. (FAM Section 8814.5)
This bill allows a birth parent to waive the right to
revoke consent to an independent adoption by signing a
waiver, under the same conditions imposed under independent
adoptions above.
Existing law provides that a nonresident may file an
adoption petition anywhere except where the petitioner
resides, but a resident of California must file petition in
the county where any of the following exists:
the petitioner resides;
the child was born or resides;
an office of the agency that placed the child is
located; or
an office of the department of public agency that is
investigating the adoption is located. (FAM Sections
8714, 8802, 8912, and 9211)
This bill instead provides that the appropriate venue for
an adoption petition to be filed on behalf of a
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nondependent minor is the court in the county where one of
the following exists:
the petitioner resides;
the child was born or resides;
an office of the agency that placed the child is
located;
an office of the department of public agency that is
investigating the adoption is located; or
the child was freed for adoption.
Existing law provides that a court investigator may conduct
an investigation as part of a guardianship proceeding and
report to the court, unless waived by the court, and
requires the court to read and consider such report before
ruling on the guardianship petition. If the investigation
alleges that the child's parent is unfit, existing law
requires the case to be referred to the child welfare
agency for investigation and stays guardianship proceedings
pending completion of that investigation. (Probate Code
Section 1513)
This bill authorizes the probate court in a guardianship
proceeding to refer any case of possible child abuse or
neglect to the child welfare agency for investigation, and
allow the court to take any reasonable steps it deems
appropriate to protect the child while that investigation
is pending. This bill provides that the guardianship
proceedings shall be stayed if dependency proceedings are
initiated as a result of the investigation.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/6/12)
Academy of California Adoption Lawyers (source)
County Welfare Directors Association of California
ARGUMENTS IN SUPPORT : According to the author, "Laws
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that govern adoption processes are spread throughout the
Family Code, Welfare & Institutions Code, and Probate Code.
As these code sections are gradually amended, they may
conflict with other sections, resulting in contradictory
provisions. Such convoluted laws may be misinterpreted and
misapplied in judicial procedures, presenting unnecessary
and costly hurdles to parents that would like to adopt.
This bill reconciles the various inconsistencies in the
statute to clarify adoption law and streamline adoption
processes. By doing so, we make it easier for California's
children to be placed in permanent, stable homes with
loving parents."
ASSEMBLY FLOOR : 75-0, 5/31/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Campos, Carter, Cedillo,
Chesbro, Conway, Cook, Davis, Dickinson, Donnelly, Eng,
Feuer, Fletcher, Fong, Fuentes, Furutani, Beth Gaines,
Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, Hagman,
Halderman, Hall, Harkey, Hayashi, Hill, Huber, Hueso,
Huffman, Jeffries, Jones, Knight, Lara, Logue, Bonnie
Lowenthal, Ma, Miller, Mitchell, Monning, Morrell,
Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. Manuel
Pérez, Portantino, Silva, Skinner, Smyth, Solorio,
Swanson, Torres, Wagner, Wieckowski, Williams, Yamada,
John A. Pérez
NO VOTE RECORDED: Charles Calderon, Roger Hernández,
Mansoor, Mendoza, Valadao
RJG:d 8/16/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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