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
AB 848
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relinquishment is rescinded, as specified.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.)
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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
AB 848
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None on file
Analysis Prepared by : Leora Gershenzon / JUD. / (916) 319-2334