California Legislature—2013–14 Regular Session

Assembly Bill No. 848

Introduced by Assembly Member Patterson

February 21, 2013

An act to amend Sections 8700.5 and 8730 of the Family Code, relating to adoption.

LEGISLATIVE COUNSEL’S DIGEST

AB 848, as introduced, 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if the relinquishment is determined to be invalid, is revoked during any holding period specified in writing, or is rescinded, as specified.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.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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 begin insert after the
relinquishment was signed, or at the close of the next business day
after expiration of any holding period specified in writing end insert begin insert ,
whichever is later end insert .

(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.

begin insert

(e) A waiver executed pursuant to this section shall be void if
any of the following occur:

end insert begin insert

(1) The relinquishment is determined to be invalid.

end insert begin insert

(2) The relinquishment is revoked during any holding period
specified in writing.

end insert begin insert

(3) The relinquishment is rescinded pursuant to Section 8700.

end insert begin insert

(f) Nothing in this section limits the birth parent’s right to
rescind the relinquishment pursuant to Section 8700.

end insert

SEC. 2.  

Section 8730 of the Family Code is amended to read:

begin delete

8730.  

If the prospective adoptive parent of a child is a foster
parent with whom the child has lived for a minimum of six months
or a relative caregiver who has had an ongoing and significant
relationship with the child, an assessment or home study of the
prospective adoptive parent may, at the discretion of the
department, county adoption agency, or a licensed adoption agency,
or unless the court with jurisdiction over the child orders otherwise,
require only the following:

end delete

begin insert

begin insert 8730. end insert   

end insert begin insert

(a) Unless otherwise ordered by a court with jurisdiction
over the child, the department or licensed adoption agency has
the discretion to provide an abbreviated home study assessment
for any of the following:

end insert begin insert

(1) A licensed or certified foster parent with whom the child
has lived for a minimum of six months.

end insert begin insert

(2) An approved relative caregiver or nonrelated extended
family member with whom the child has had an ongoing and
significant relationship.

end insert begin insert

(3) A court-appointed relative guardian of the child, if the
guardian has been investigated and approved pursuant to the
guardianship investigation process and has had physical custody
of the child for at least one year.

end insert begin insert

(4) A prospective adoptive parent who has completed an
agency-supervised adoption within the last two years.

end insert begin insert

(b) Home study assessments completed pursuant to subdivision
(a) shall require only the following:

end insert begin delete

(a)

end delete

begin insert (1) end insert  A criminal records check of the begin delete relative caregiver or foster
parent end delete begin insert applicant end insert , as provided in subdivision (a) of Section 8712.

begin delete

(b)

end delete

begin insert (2) end insert  A determination that the begin delete relative caregiver or foster parent end delete
begin insert applicant end insert 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 begin delete relative caregiver or foster parent end delete begin insert applicant end insert
only while the child was in his or her care shall be considered. For
purposes of this section, the begin delete relative caregiver or foster parent end delete
begin insert applicant end insert shall be required to provide verification of employment
records or income or both.

begin delete

(c)

end delete

begin insert (3) end insert  A determination that the begin delete relative caregiver or foster parent end delete
begin insert applicant end insert 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 begin delete relative caregiver or foster parent end delete
begin insert applicant end insert to ensure that the practices are age appropriate and do
not physically or emotionally endanger the child.

begin delete

(d)

end delete

begin insert (4) end insert  A determination that begin delete there is not a likelihood that the relative
caregiver or foster parent will end delete begin insert the applicant is not likely to end insert abuse
or neglect the child in the future, that the begin delete caregiver or foster parent end delete
begin insert applicant end insert can protect the child, ensure necessary care and
supervision, and foster the child’s healthy growth and development.

begin delete

(e)

end delete

begin insert (5) end insert  A determination that the begin delete relative caregiver or foster parent end delete
begin insert applicant end insert can address racial and cultural issues that may affect the
child’s well-being.

begin delete

(f)

end delete

begin insert (6) end insert  An interview with the begin delete relative caregiver or foster parent end delete
begin insert applicant end insert , an interview with each individual residing in the home begin insert , end insert
and an interview with the child to be adopted.