BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 848|
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CONSENT
Bill No: AB 848
Author: Patterson (R)
Amended: As introduced
Vote: 21
SENATE JUDICIARY COMMITTEE : 6-0, 6/4/13
AYES: Evans, Anderson, Corbett, Jackson, Leno, Monning
NO VOTE RECORDED: Walters
ASSEMBLY FLOOR : 75-0, 4/8/13 (Consent) - See last page for vote
SUBJECT : Adoption
SOURCE : Academy of California Adoption Lawyers
DIGEST : This bill makes several changes to adoption processes
and adoptive placement considerations. This bill clarifies when
a birth parent's waiver of the right to revoke consent to an
adoption is void or able to be rescinded, and clarifies that an
abbreviated home study assessment may only be used for specified
individuals.
ANALYSIS :
1.Existing law specifies how a birth parent may relinquish a
child for adoption, and allows a parent to revoke the
relinquishment within 10 days of the relinquishment for agency
adoptions and within 30 days for independent adoptions.
Existing law allows birth parents, either going through an
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independent adoption or utilizing an agency 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 the Department of Social Services (DSS), or
the delegated county adoption agency; or (2) if the birth
parents are represented by independent legal counsel, a
judicial officer, adoption service provider, or agency
representative.
This bill 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the relinquishment is rescinded, as specified. This bill
provides that these provisions do not limit the birth parent's
right to rescind the relinquishment.
2.Existing law provides that a waiver signed in front of a
judicial officer or the department is final and irrevocable at
the time the waiver is signed. Waivers signed in the presence
of an authorized representative of a private licensed adoption
agency shall become final and irrevocable at the close of the
next business day.
This bill clarifies that, in an agency adoption, if a birth
parent waives the right to revoke the relinquishment for
adoption, the relinquishment becomes final and irrevocable at
the close of the next business day after: (1) date it was
signed, (2) or the expiration of any holding period specified
in writing.
3.Existing law requires DSS or delegated county adoption agency
to ascertain whether a proposed adoptive home is suitable for
the child. Existing law further requires DSS or agency submit
to the court a full report of the facts found in studying a
prospective adoptive home.
Existing law authorizes DSS, county adoption agency, or
licensed adoption agency to order an abbreviated home study
for prospective adoptive parents who are already foster
parents or relative caregivers to the child, as specified.
This bill clarifies that unless ordered otherwise by a court,
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DSS or the licensed adoption agency overseeing the adoption
may do an abbreviated home study for the following
individuals:
a licensed foster parent with whom the child has lived
for at least six months;
an approved relative caregiver or non-related extended
family member with whom the child has had an ongoing and
significant relationship;
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
a prospective adoptive parent who has completed an
agency-supervised adoption within the last two years.
Background
Every year, the Academy of California Adoption Lawyers (ACAL)
seeks to clarify or modify provisions in the Family and related
codes which they have identified as having either technical
errors or as being the basis for conflicting court rulings that
could potentially prolong the adoption process. Accordingly,
this bill, sponsored by ACAL, makes various clarifying changes
related to adoption, including clarifying when a birth parent's
waiver of the right to revoke consent to an adoption is void or
able to be rescinded, and clarifying the law surrounding
eligibility for an abbreviated home study assessment.
Prior Legislation
AB 1757 (Fletcher, Chapter 638, Statutes of 2012) clarified the
probate court's role when a child in a guardianship proceeding
may fall within the jurisdiction of the dependency court,
authorized birth parents to waive their right to revoke consent
in agency adoptions, and consolidated venue provisions for
adoption petitions into one code section.
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AB 687 (Fletcher, Chapter 462, Statutes of 2011) streamlined the
process for determining parent-child relationships, and made
other technical and substantive changes to adoption laws.
AB 2020 (Fletcher, Chapter 588, Statutes of 2010) streamlined
the process for determining parent-child relationships and made
other substantive and technical changes to adoption laws.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 6/4/13)
Academy of California Adoption Lawyers (source)
ARGUMENTS IN SUPPORT : According to the author's office, last
year, legislation was passed regarding a number of changes to
clarify the law to assist those who wish to build their families
through adoption. DSS requested further clarification on one
item that was not amended in time to make it into the final
version of the bill, and a second item for which some of the
final wording was inadvertently omitted from the final draft of
the bill.
ASSEMBLY FLOOR : 75-0, 4/8/13
AYES: Achadjian, Allen, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Cooley,
Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier,
Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell, Gray,
Grove, Hagman, Hall, Harkey, Roger Hernández, Holden, Jones,
Jones-Sawyer, Levine, Linder, Logue, Maienschein, Medina,
Melendez, Mitchell, Morrell, Mullin, Muratsuchi, Nazarian,
Nestande, Olsen, Pan, Patterson, Perea, V. Manuel Pérez,
Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone, Ting,
Torres, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams,
Yamada, John A. Pérez
NO VOTE RECORDED: Alejo, Conway, Lowenthal, Mansoor, Vacancy
AL:d 6/5/13 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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