BILL NUMBER: AB 848 INTRODUCED
BILL TEXT
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holding period specified in writing, or is rescinded, as specified.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
after the relinquishment was signed, or at the close of the
next business day after expiration of any holding period specified
in writing , whichever is later .
(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.
(e) A waiver executed pursuant to this section shall be void if
any of the following occur:
(1) The relinquishment is determined to be invalid.
(2) The relinquishment is revoked during any holding period
specified in writing.
(3) The relinquishment is rescinded pursuant to Section 8700.
(f) Nothing in this section limits the birth parent's right to
rescind the relinquishment pursuant to Section 8700.
SEC. 2. Section 8730 of the Family Code is amended to read:
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:
8730. (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:
(1) A licensed or certified foster parent with whom the child has
lived for a minimum of six months.
(2) An approved relative caregiver or nonrelated extended family
member with whom the child has had an ongoing and significant
relationship.
(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.
(4) A prospective adoptive parent who has completed an
agency-supervised adoption within the last two years.
(b) Home study assessments completed pursuant to subdivision (a)
shall require only the following:
(a)
(1) A criminal records check of the relative
caregiver or foster parent applicant , as
provided in subdivision (a) of Section 8712.
(b)
(2) A determination that the relative
caregiver or foster parent applicant 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 relative caregiver or foster parent
applicant only while the child was in his or her care shall be
considered. For purposes of this section, the relative
caregiver or foster parent applicant shall be
required to provide verification of employment records or income or
both.
(c)
(3) A determination that the relative
caregiver or foster parent applicant 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 relative caregiver or foster parent
applicant to ensure that the practices are age
appropriate and do not physically or emotionally endanger the child.
(d)
(4) A determination that there is not a
likelihood that the relative caregiver or foster parent will
the applicant is not likely to abuse or neglect
the child in the future, that the caregiver or foster parent
applicant can protect the child, ensure
necessary care and supervision, and foster the child's healthy growth
and development.
(e)
(5) A determination that the relative
caregiver or foster parent applicant can address
racial and cultural issues that may affect the child's well-being.
(f)
(6) An interview with the relative caregiver
or foster parent applicant , an interview with
each individual residing in the home , and an interview
with the child to be adopted.