BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 848
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          Date of Hearing:   April 2, 2013

                           ASSEMBLY COMMITTEE ON JUDICIARY
                                Bob Wieckowski, Chair
                AB 848 (Patterson) - As Introduced:  February 21, 2013

                                  PROPOSED CONSENT

           SUBJECT  :  ADOPTION

           KEY ISSUE  :  SHOULD CHANGES BE MADE TO CLARIFY THE ADOPTION  
          PROCESS FOR BIRTH PARENTS AND ADOPTIVE FAMILIES? 

           FISCAL EFFECT  :  As currently in print this bill is keyed  
          non-fiscal.

                                      SYNOPSIS
          
          This non-controversial bill is the Academy of California  
          Adoption Lawyers' (ACAL) annual adoption bill.  According to the  
          author, this bill is necessary to resolve two technical issues  
          regarding adoption procedures.  In particular, this bill  
          clarifies that a birth parent's waiver of the right to revoke  
          consent to an adoption does not limit that parent's right to  
          rescind the adoption if, for example, the prospective adoptive  
          parents decide not to adopt the child.  The bill also clarifies  
          when an abbreviated adoption home study assessment can be used  
          in the place of a full adoption home study.  There is no  
          opposition to these changes.   

           SUMMARY  :  Makes changes to adoption processes.  Specifically,  
           this bill  :

          1)Clarifies that, in an agency adoption, if a birth parent  
            waives the right to revoke the relinquishment for adoption  
            before an authorized representative of the adoption agency,  
            the relinquishment becomes final and irrevocable at the close  
            of the next business day after the later of the date it was  
            signed or the expiration of any holding period specified in  
            writing.

          2)Clarifies that a birth parent's waiver of the right to revoke  
            the relinquishment for adoption is void if the relinquishment  
            is determined to be invalid, the relinquishment is revoked  
            during any holding period specified in writing, or the  








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            relinquishment is rescinded, as specified.  Provides that this  
            does not in any way limit the birth parent's right to rescind  
            the relinquishment.

          3)Clarifies that unless ordered otherwise by a court, the  
            Department of Social Services (DSS) or the licensed adoption  
            agency overseeing the adoption may, in its discretion, do an  
            abbreviated home study for the following individuals only:

             a)   A licensed foster parent with whom the child has lived  
               for at least six months;
             b)   An approved relative caregiver or non-related extended  
               family member with whom the child has had an ongoing and  
               significant relationship;
             c)   A court-appointed relative guardian who has had physical  
               custody of the child for at least one year and has been  
               investigated and approved under the guardianship process;  
               or
             d)   A prospective adoptive parent who has completed an  
               agency-supervised adoption within the last two years.

           EXISTING LAW  : 

          1)Specifies how a birth parent may relinquish a child for  
            adoption.  Allows that parent to revoke the relinquishment  
            within 10 days of the relinquishment for agency adoptions and  
            within 30 days for independent adoptions.  (Family Code  
            Sections 8700, 8801.3, 8814 and 8814.5.  Unless stated  
            otherwise, all further statutory references are to the Family  
            Code.)

          2)Allows birth parents either going through an independent  
            adoption or utilizing an agency for the adoption to waive  
            their right to revoke relinquishment of their child for  
            adoption by signing the waiver in the presence of:  1) a  
            representative of DSS or the delegated county adoption agency;  
            2) a judicial officer, adoption service provider or agency  
            representative, if the birth parents are represented by  
            independent legal counsel, as provided.  (Sections 8700.5 and  
            8814.5.) 

          3)Specifies abbreviated home study requirements for prospective  
            adoptive parents who are already foster parents or relative  
            caregivers to the child.  (Section 8730.)









                                                                  AB 848
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           COMMENTS  :  This non-controversial bill is the Academy of  
          California Adoption Lawyers' annual adoption bill.  According to  
          the author, this bill is necessary to resolve two technical  
          issues that emerged as the result of last year's AB 1757  
          (Fletcher), Chap. 638, Stats. 2012.

           The Bill Clarifies How a Birth Parent's Waiver of Her Right to  
          Revoke Consent to an Adoption Works  :  After a birth parent  
          consents to have his or her child adopted, that parent is still  
          given time to change his or her mind and revoke the consent - 10  
          days for parents going through an agency adoption and 30 days  
          for parents going through an independent adoption.  However, the  
          birth parent may decide that she wants finality sooner and may  
          waive that revocation right.  The waiver also provides faster  
          certainty to the prospective adoptive parents.

          In addition to the revocation rights, birth parents can rescind  
          their relinquishment of the child under limited circumstances,  
          which include (1) the mutual consent of the birth parents and  
          the adoption agency, and (2) the child is not placed with the  
          prospective adoptive parents named in the relinquishment signed  
          by the birth parents.  

          This bill does not change the revocation rights, the waiver of  
          those rights or the rescission rights.  It simply clarifies  
          that, in an agency adoption, waiver of the right to revoke the  
          consent to adoption is void if the relinquishment is found to be  
          invalid, the relinquishment is revoked, as specified, or the  
          relinquishment is rescinded.  This clarification protects the  
          birth parents' rights, even if they have signed a waiver of  
          their right to revoke consent to the adoption.

           This Bill Clarifies Which Prospective Adoptive Parents Qualify  
          for an Abbreviated Home Study  :  Home studies are conducted prior  
          to the finalization of an adoption to ensure that the child is  
          being placed in a safe and secure environment.  Full home  
          studies can take many months to complete and can cost nearly  
          $5,000.  By contrast abbreviated home studies can take just  
          weeks to complete and cost less than half what a full study  
          costs.  However, an abbreviated study is not as thorough and,  
          consequently, may not be as protective of the child.  However,  
          if families have been reviewed before, it may not be necessary  
          to do a full home study again and an abbreviated study may be a  
          reasonable choice.









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          This bill clarifies when an abbreviated home studies may be used  
          in place of the full assessment.  The sponsor writes that this  
          is necessary because several prospective adoptive parents have  
          used the existing law to attempt to avoid completing the full  
          home study required prior to adoption.  When DSS objected, these  
          prospective adoptive parents applied to the court for  
          declaratory relief.  The sponsor writes that the ensuing court  
          decisions - all unpublished - have been "inconsistent and  
          sometimes diametrically opposed to one another."  This bill  
          seeks to remove any ambiguities in the current law and clarify  
          which prospective adoptive parents qualify for an abbreviated  
          home study assessment.  Under the bill, the abbreviated  
          assessment is only available to:

             1.   A licensed foster parent with whom the child has lived  
               for at least six months;
             2.   An approved relative caregiver or non-related extended  
               family member with whom the child has had an ongoing and  
               significant relationship;
             3.   A court-appointed relative guardian who has had physical  
               custody of the child for at least one year and has been  
               investigated and approved under the guardianship process;  
               or
             4.   A prospective adoptive parent who has completed an  
               agency-supervised adoption within the last two years.

          As with current law, DSS or the licensed adoption agency has  
          discretion to decide whether to use the abbreviated home study.   
          By balancing the need for permanency with the need for safety,  
          this bill helps ensure that an abbreviated home study will only  
          be used when appropriate and help ensure that children are  
          placed in safe homes with loving and supportive families.  What  
          is required for the abbreviated home study, which is not being  
          changed in this bill, includes a criminal background check, a  
          personal interview and other suitability verifications.
                  
           REGISTERED SUPPORT / OPPOSITION :   

           Support  

          Academy of California Adoption Lawyers (sponsor)
          Family Law Section of the State Bar

           Opposition 
           








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          None on file
           
          Analysis Prepared by  :  Leora Gershenzon / JUD. / (916) 319-2334