Amended in Senate July 2, 2013

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 begin delete and end delete begin insert , end insert 8730 begin insert , and 8810 end insert of the Family Code, relating to adoption.

LEGISLATIVE COUNSEL’S DIGEST

AB 848, as amended, 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if the relinquishment is determined to be invalid, is revoked during any holding period specified in writing, or is rescinded, as specified.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. begin insert The bill would require that the abbreviated assessment include a review by the department, county adoption agency, or licensed adoption agency of all previous guardianship investigation reports, home study assessments, and preplacement evaluations of each applicant, and would authorize the department or these adoption agencies to receive a copy of any of these reports upon a written request that is accompanied by a signed release from the applicant. The bill would state that these provisions do not apply to independent adoptions, and would authorize the department to promulgate regulations. end insert

begin insert

Existing law requires prospective adoptive parents in an independent adoption to pay a fee to the department or delegated county adoption agency for the cost of investigating the adoption petition. Under existing law, the department or delegated adoption agency may reduce the fee to no less than $500 if the prospective adoptive parents are very low income according to the income limits published by the Department of Housing and Community Development.

end insert begin insert

This bill would instead authorize the department or delegated adoption agency to reduce the fee if the prospective adoptive parents are lower income according to those income limits.

end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . 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)  begin delete Nothing in this section limits end delete begin insert This section does not limit end insert 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.  

(a)  begin delete Unless otherwise ordered by a court with jurisdiction
over the child, the end delete begin insert Subject to the requirements of subdivision (b),
the end insert department begin insert , county adoption agency, end insert 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 begin delete child, if the
guardian end delete begin insert child who end insert 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)  begin delete Home end delete begin insert Unless otherwise ordered by a court with jurisdiction
over the child, home end insert study assessments completed pursuant to
subdivision (a) shall begin delete require only end delete begin insert include, at minimum, all of end insert the
following:

(1) A criminal records check begin delete of the applicant, as provided in
subdivision (a) of Section 8712 end delete begin insert , as required by all applicable state
and federal statutes and regulations end insert .

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

(3) A determination that the 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 applicant to ensure that the practices are age appropriate
and do not physically or emotionally endanger the child.

(4) A determination that the applicant is not likely to abuse or
neglect the child in the future, that the applicant can protect the
child, ensure necessary care and supervision, and foster the child’s
healthy growth and development.

(5) A determination that the applicant can address begin delete racial and
cultural issues end delete that may affect the child’s well-being begin insert , including,
but not limited to, physical health, mental health, and educational
needs end insert .

(6) An interview with the applicant, an interview with each
individual residing in the home, and an interview with the child
to be adopted.

begin insert

(7) A review by the department, county adoption agency, or
licensed adoption agency of all previous guardianship investigation
reports, home study assessments, and preplacement evaluations
of each applicant. Notwithstanding any other law regarding the
confidential nature of these reports, upon the written request of
the department, county adoption agency, or licensed adoption
agency that is accompanied by a signed release from the applicant,
the department, county adoption agency, or licensed adoption
agency may receive a copy of any of these reports from a court,
investigating agency, or other person or entity in possession of
the report. The department, county adoption agency, or licensed
adoption agency shall document any attempts to obtain the report
and, if applicable, the reason the report is unavailable.

end insert begin insert

(c) The department may promulgate regulations as necessary
or appropriate to implement this section.

end insert begin insert

(d) This section does not apply to independent adoptions filed
pursuant to Chapter 3 (commencing with Section 8800).

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 8810 of the end insert begin insert Family Code end insert begin insert is amended to read: end insert

8810.  

(a) Except as otherwise provided in this section,
whenever a petition is filed under this chapter for the adoption of
a child, the petitioner shall pay a nonrefundable fee to the
department or to the delegated county adoption agency for the cost
of investigating the adoption petition. Fifty percent of the payment
shall be made to the department or delegated county adoption
agency at the time the adoption petition is filed, and the remaining
balance shall be paid no later than the date determined by the
department or the delegated county adoption agency in an amount
as follows:

(1) For petitions filed on and after October 1, 2008, four
thousand five hundred dollars ($4,500).

(2) For petitioners who have a valid preplacement evaluation
less than one year old pursuant to Section 8811.5, or a valid private
agency adoption home study less than two years old at the time of
filing a petition, one thousand five hundred fifty dollars ($1,550)
for a postplacement evaluation pursuant to Sections 8806 and 8807.

(b) Revenues produced by fees collected by the department
pursuant to subdivision (a) shall be used, when appropriated by
the Legislature, to fund only the direct costs associated with the
state program for independent adoptions. Revenues produced by
fees collected by the delegated county adoption agency pursuant
to subdivision (a) shall be used by the county to fund the county
program for independent adoptions.

(c) The department or delegated county adoption agency may
reduce the fee to no less than five hundred dollars ($500) when
the prospective adoptive parents are begin delete very low end delete begin insert lower end insert income,
according to the income limits published by the Department of
Housing and Community Development, and when making the
required payment would be detrimental to the welfare of an adopted
child. The department shall develop additional guidelines regarding
income and assets to determine the financial criteria for reduction
of the fee under this subdivision.

begin delete

(d) This section shall become operative on October 1, 2008.

end delete