Amended in Assembly April 10, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1701

Introduced by Assembly Member Patterson

February 13, 2014

An act to amend begin delete Section 8603 of end delete begin insert Sections 7630, 7662, 7666, 7807, 8603, 8604, 8606, 8613.5, 8700, 8801.3, 8804, 8807, 8808, 8814, and 8815 of, and to add Sections 7671, 7842, and 8800.5 to, end insert the Family Code, relating to family law.

LEGISLATIVE COUNSEL’S DIGEST

AB 1701, as amended, Patterson. Family law: adoption.

begin insert

(1) Existing law authorizes, among others, the child’s natural parent to bring an action to declare the existence or nonexistence of a presumed parent and child relationship. Existing law requires the court to join to that action specified parties, including prospective adoptive parents who have physical custody of a child, who have not been joined as parties without the necessity of a motion for joinder.

end insert

begin insert This bill would instead authorize the child’s natural mother to bring that action. The bill would also require the court to join to that action additional specified parties who have not been joined as parties, including a licensed California adoption agency to which the mother proposes to relinquish the child for adoption. end insert

begin delete

Existing

end delete

begin insert (2) end insert begin insert   end insert begin insert Existing end insert law provides for the adoption of unmarried minors. Existing law prohibits a married person, not lawfully separated from the person’s spouse, from adopting a child without the consent of the spouse if the spouse is capable of giving that consent.

This bill would additionally provide that the consent of the spouse shall not establish any parental rights or responsibilities on the part of the consenting spouse unless he or she begin delete has been approved to adopt the child, end delete has consented to adopt the child in a writing begin delete signed before, and filed with, the court, end delete begin insert filed with the court end insert and is named in the final decree as an adoptive parent of the child.

begin insert

(3) Existing law generally provides that a child having a presumed father, as specified, shall not be adopted without the consent of the child’s birth parents, if living. However, if one birth parent has been awarded custody by judicial order, or has custody by agreement of both parents, and the other birth parent for a period of one year willfully fails to communicate with, and to pay for, the care, support, and education of the child when able to do so, then the birth parent having sole custody may consent to the adoption, after the birth parent who does not have custody has been served with a specified citation. Under existing law, the failure of a birth parent to pay for the care, support, and education of the child for the period of one year or the failure of a birth parent to communicate with the child for the period of one year is prima facie evidence that the failure was willful and without lawful excuse.

end insert begin insert

This bill would authorize the court to issue a temporary custody order, as specified, if the birth mother of a child for whom there is not a presumed father leaves the child in certain circumstances, including in the physical care of a licensed private adoption agency, and fails to sign a placement agreement, consent, or relinquishment for adoption. The bill would authorize the temporary custody order to be voided upon the birth mother’s request to have the child returned to her care and custody.

end insert begin insert

(4) Existing law requires, if a mother relinquishes for or consents to, or proposes to relinquish for or consent to, the adoption of a child, or if a child otherwise becomes the subject of an adoption proceeding, one of several specified persons to file a petition to terminate the parental rights of the alleged father, except as specified.

end insert begin insert

Existing law permits an interested person to file a petition for an order or judgment declaring a child free from the custody and control of either or both parents.

end insert begin insert

This bill would permit a single petition to be filed to terminate the parental rights of the alleged father or fathers of 2 or more biological siblings or to terminate the parental rights of 2 or more alleged fathers of the same child. The bill would also permit a single petition to be filed to free a child, or more than one child if the children are biological siblings, from the custody and control of both parents. The bill would provide that a court may grant one of these joint petitions in whole or in part and retains the discretion to bifurcate a case in which a joint petition was filed, and requires a court to bifurcate a case in which a joint petition was filed whenever it is necessary to protect the interests of a party or a child who is the subject of the proceeding.

end insert begin insert

(5) Existing law authorizes the court to waive the personal appearance of a prospective adoptive parent and permit him or her to appear at an adoption proceeding through an attorney if there is clear and convincing evidence that it is impossible or impracticable for the prospective adoptive parent to appear at the adoption proceeding.

end insert begin insert

This bill would authorize the court to permit a prospective adoptive parent to appear by telephone, videoconference, or other remote electronic means that the court deems reasonable, prudent, and reliable.

end insert begin insert

(6) Existing law governs independent adoptions, which are defined to mean adoptions in which neither the State Department of Social Services nor an agency licensed by that department is a party to or joins in the adoption petition, and sets forth the procedures for completing an independent adoption.

end insert begin insert

This bill would authorize a parent who is not a resident of this state and who is placing a child for independent adoption within this state to place the child using this state’s independent adoption procedures or using the procedures prescribed by the state or territory in which the parent resides. The bill would make other conforming changes.

end insert begin insert

Existing law requires, as a part of the independent adoption procedures, the department or the delegated county adoption agency to investigate the proposed independent adoption and submit a report of the facts disclosed by its inquiry with a recommendation regarding the granting of the adoption petition.

end insert begin insert

This bill would provide that when the department or a delegated county adoption agency is investigating a proposed adoption, it is not required to reinvestigate matters addressed in a valid preplacement evaluation or a valid private agency adoption home study, if no new information has been discovered or events have occurred subsequent to the approval of the evaluation or home study that create a reasonable belief that further investigation is necessary. The bill would also authorize the court to refer the investigation to a licensed private agency for completion if the investigation is not completed within 210 days of the initial filing of the adoption petition.

end insert begin insert

Existing law also requires the department or a delegated county adoption agency to interview the petitioners and all persons from whom consent is required and whose addresses are known. Existing law requires the agency, at the interview, to give the placing parent an opportunity to sign either a statement revoking consent, or a waiver of the right to revoke consent. In order to facilitate the interview, existing law requires the petitioner, at the time the petition is filed, to file, among other things, a copy of the petition with the department or with the delegated county adoption agency responsible for the investigation of the adoption.

end insert begin insert

This bill would not require the department to provide the placing parent an opportunity to sign a statement revoking consent or a waiver of the right to revoke consent if the parent has already signed a waiver of the right to revoke consent or if the time period allowed to revoke consent has expired. The bill would require the petitioner, within 5 days of filing the petition, to provide the department or delegated county adoption agency, among other things, a stamped file copy of the petition and a copy of any valid preplacement evaluation or any valid private agency adoption home study.

end insert begin insert

Existing law requires the court, in an independent adoption, if a birth parent who did not place a child for adoption has refused to give the required consent, or a birth parent revokes consent, or, before the time when a revocable consent becomes permanent, a birth parent requests the return of the child, to order the child restored to the care and custody of the birth parent.

end insert begin insert

This bill would instead require the child to be restored to the care and custody of his or her birth parent, unless the court orders otherwise.

end insert begin insert

By imposing additional duties on delegated county adoption agencies, this bill would impose a state-mandated local program.

end insert begin insert

(7) Existing law authorizes a parent who is a minor to relinquish his or her child to the department, county adoption agency, or licensed adoption agency and sign a consent for the adoption. Existing law provides that the relinquishment and consent are not subject to revocation by reason of minority.

end insert begin insert

This bill would also provide that the relinquishment and consent are not subject to revocation because the parent or guardian of the minor parent was not served with notice of the relinquishment or consent, unless the minor parent previously provided written authorization to serve his or her parent or guardian with those notices.

end insert begin insert

(8) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert begin insert

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 7630 of the end insert begin insert Family Code end insert begin insert is amended to
read: end insert

7630.  

(a) A child, the child’s natural begin delete parent, end delete begin insert mother, end insert a person
presumed to be the child’s parent under subdivision (a), (b), or (c)
of Section 7611, an adoption agency to whom the child has been
relinquished, or a prospective adoptive parent of the child may
bring an action as follows:

(1) At any time for the purpose of declaring the existence of the
parent and child relationship presumed under subdivision (a), (b),
or (c) of Section 7611.

(2) For the purpose of declaring the nonexistence of the parent
and child relationship presumed under subdivision (a), (b), or (c)
of Section 7611 only if the action is brought within a reasonable
time after obtaining knowledge of relevant facts. After the
presumption has been rebutted, parentage of the child by another
person may be determined in the same action, if that person has
been made a party.

(b) Any interested party may bring an action at any time for the
purpose of determining the existence or nonexistence of the parent
and child relationship presumed under subdivision (d) or (f) of
Section 7611.

(c) Except as to cases coming within Chapter 1 (commencing
with Section 7540) of Part 2, an action to determine the existence
of the parent and child relationship may be brought by the begin delete child
or end delete begin insert child, a end insert personal representative of the child, the Department of
Child Support Services, begin delete the end delete begin insert a presumed end insert parent or the personal
representative or a parent of that begin insert presumed end insert parent if that parent
has died or is a minor, begin insert or, in cases in which the natural mother is
the only presumed parent or an adoption is pending, end insert a man alleged
or alleging himself to be the begin delete father, end delete begin insert father end insert or the personal
representative or a parent of the alleged father if the alleged father
has died or is a minor.

(d) (1) If a proceeding has been filed under Chapter 2
(commencing with Section 7820) of Part 4, an action under
subdivision (a) or (b) shall be consolidated with that proceeding.
The parental rights of the presumed parent shall be determined as
set forth in Sections 7820 to 7829, inclusive.

(2) If a proceeding pursuant to Section 7662 has been filed under
Chapter 5 (commencing with Section 7660), an action under
subdivision (c) shall be consolidated with that proceeding. The
parental rights of the alleged natural father shall be determined as
set forth in Section 7664.

(3) The consolidated action under paragraph (1) or (2) shall be
heard in the court in which the proceeding under Section 7662 or
Chapter 2 (commencing with Section 7820) of Part 4 is filed, unless
the court finds, by clear and convincing evidence, that transferring
the action to the other court poses a substantial hardship to the
petitioner. Mere inconvenience does not constitute a sufficient
basis for a finding of substantial hardship. If the court determines
there is a substantial hardship, the consolidated action shall be
heard in the court in which the parentage action is filed.

(e) (1) If any prospective adoptive parent who has physical
custody of the child, begin delete or end delete any licensed California adoption agency
that has legal custody of the begin delete child, end delete begin insert child or to which the mother
proposes to relinquish the child for adoption, or any person whom
the mother has designated as the prospective adoptive parent in
a written statement executed before a hospital social worker, an
adoption service provider, an adoption agency representative, or
a notary public, end insert has not been joined as a party to an action to
determine the existence of a parent and child relationship under
subdivision (a), (b), or (c), or an action for custody by the alleged
natural father, the court shall join the prospective adoptive parent
or licensed California adoption agency as a party upon application
or on its own motion, without the necessity of a motion for joinder.
A joined party shall not be required to pay a fee in connection with
this action.

(2) If a person brings an action to determine parentage and
custody of a child who he or she has reason to believe is in the
physical or legal custody of an adoption agency, or of one or more
persons other than the child’s parent who are prospective adoptive
parents, he or she shall serve his or her entire pleading on, and
give notice of all proceedings to, the adoption agency or the
prospective adoptive parents, or both.

(f) A party to an assisted reproduction agreement may bring an
action at any time to establish a parent and child relationship
consistent with the intent expressed in that assisted reproduction
agreement.

(g) (1) In an action to determine the existence of the parent and
child relationship brought pursuant to subdivision (b), if the child’s
other parent has died and there are no existing court orders or
pending court actions involving custody or guardianship of the
child, then the persons having physical custody of the child shall
be served with notice of the proceeding at least 15 days prior to
the hearing, either by mail or in any manner authorized by the
court. If any person identified as having physical custody of the
child cannot be located, the court shall prescribe the manner of
giving notice.

(2) If known to the person bringing the parentage action,
relatives within the second degree of the child shall be given notice
of the proceeding at least 15 days prior to the hearing, either by
mail or in any manner authorized by the court. If a person identified
as a relative of the second degree of the child cannot be located,
or his or her whereabouts are unknown or cannot be ascertained,
the court shall prescribe the manner of giving notice, or shall
dispense with giving notice to that person.

(3) Proof of notice pursuant to this subdivision shall be filed
with the court before the proceeding to determine the existence of
the parent and child relationship is heard.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 7662 of the end insert begin insert Family Code end insert begin insert is amended to read: end insert

7662.  

(a) If a mother relinquishes for or consents to, or
proposes to relinquish for or consent to, the adoption of a child,
or if a child otherwise becomes the subject of an adoption
proceeding, the agency or person to whom the child has been or
is to be relinquished, or the mother or the person having physical
or legal custody of the child, or the prospective adoptive parent,
shall file a petition to terminate the parental rights of the alleged
father, unless one of the following occurs:

(1) The alleged father’s relationship to the child has been
previously terminated or determined not to exist by a court.

(2) The alleged father has been served as prescribed in Section
7666 with a written notice alleging that he is or could be the
biological father of the child to be adopted or placed for adoption
and has failed to bring an action for the purpose of declaring the
existence of the father and child relationship pursuant to
subdivision (c) of Section 7630 within 30 days of service of the
notice or the birth of the child, whichever is later.

(3) The alleged father has executed a written form developed
by the department to waive notice, to deny his paternity, relinquish
the child for adoption, or consent to the adoption of the child.

(b) The alleged father may validly execute a waiver or denial
of paternity before or after the birth of the child, and once signed,
no notice of, relinquishment for, or consent to adoption of the child
shall be required from the alleged father for the adoption to
proceed.

(c)  begin delete All end delete begin insert Except as provided in this subdivision and subdivision
(d), all end insert begin insert end insert proceedings affecting a begin delete child end delete begin insert child, including proceedings end insert
under Divisions 8 (commencing with Section 3000) to 11
(commencing with Section 6500), inclusive, begin delete and Parts end delete begin insert Part end insert 1
(commencing with Section 7500) to begin insert Part end insert 3 (commencing with
Section 7600), inclusive, of this division, begin delete other than an action
brought pursuant to this section, shall be stayed pending final
determination of proceedings to terminate the parental rights of
the alleged father pursuant to this section. end delete begin insert and Part 1 (commencing
with Section 1400), Part 2 (commencing with Section 1500), and
Part 4 (commencing with Section 2100) of Division 4 of the
Probate Code, and any motion or petition for custody or visitation
filed in a proceeding under this part, shall be stayed. The petition
to terminate parental rights under this section is the only matter
that may be heard during the stay until the court issues a final
ruling on the petition. end insert

(d)  begin delete Nothing in this end delete begin insert This end insert section begin delete may end delete begin insert does not end insert limit the
jurisdiction of the court pursuant to Part 3 (commencing with
Section 6240) and Part 4 (commencing with Section 6300) of
Division 10 with respect to domestic violence begin delete orders. end delete begin insert orders, or
pursuant to Article 6 (commencing with Section 300) of Chapter
2 of Part 1 of Division 2 of the Welfare and Institutions Code with
respect to dependency proceedings. end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 7666 of the end insert begin insert Family Code end insert begin insert is amended to read: end insert

7666.  

(a) Except as provided in subdivision (b), notice of the
proceeding shall be given to every person identified as the
biological father or a possible biological father in accordance with
the Code of Civil Procedure for the service of process in a civil
action in this state at least 10 days before the date of the
proceeding, except that publication or posting of the notice of the
proceeding is not begin delete required. end delete begin insert required, and service on the parent or
guardian of a biological father or possible biological father who
is a minor is not required unless the minor has previously provided
written authorization to serve his or her parent or guardian. end insert Proof
of giving the notice shall be filed with the court before the petition
is heard.

(b) Notice to a man identified as or alleged to be the biological
father shall not be required, and the court shall issue an order
dispensing with notice to him, under any of the following
circumstances:

(1) The relationship to the child has been previously terminated
or determined not to exist by a court.

(2) The alleged father has executed a written form to waive
notice, deny his paternity, relinquish the child for adoption, or
consent to the adoption of the child.

(3) The whereabouts or identity of the alleged father are
unknown or cannot be ascertained.

(4) The alleged father has been served with written notice of
his alleged paternity and the proposed adoption, and he has failed
to bring an action pursuant to subdivision (c) of Section 7630
within 30 days of service of the notice or the birth of the child,
whichever is later.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 7671 is added to the end insert begin insert Family Code end insert begin insert , end insert immediately
following Section 7670 begin insert , to read: end insert

begin insert

begin insert 7671. end insert   

A single petition may be filed pursuant to Section 7662
to terminate the parental rights of the alleged father or fathers of
two or more biological siblings or to terminate the parental rights
of two or more alleged fathers of the same child. A petition filed
in accordance with this section may be granted in whole or in part
in accordance with the procedures set forth in this chapter. The
court shall retain discretion to bifurcate any case in which the
petition was filed in accordance with this section, and shall do so
whenever it is necessary to protect the interests of a party or a
child who is the subject of the proceeding.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 7807 of the end insert begin insert Family Code end insert begin insert is amended to read: end insert

7807.  

(a) Sections 3020, 3022, 3040 to 3043, inclusive, and
3409 do not apply in a proceeding under this part.

(b)  begin delete All end delete begin insert Except as provided in this subdivision and subdivision
(c), all end insert proceedings affecting a begin delete child end delete begin insert child, including proceedings end insert
under Divisions 8 (commencing with Section 3000) to 11
(commencing with Section 6500), inclusive, begin delete and Parts end delete begin insert Part end insert 1
(commencing with Section 7500) to begin insert Part end insert 3 (commencing with
Section 7600), inclusive, of this begin delete division shall be stayed pending
final determination of proceedings to declare the minor free from
parental custody and control under this part. end delete begin insert division, and Part 1
(commencing with Section 1400), Part 2 (commencing with Section
1500), and Part 4 (commencing with Section 2100) of Division 4
of the Probate Code, and any motion or petition for custody or
visitation filed in a proceeding under this part, shall be stayed.
The petition to free the minor from parental custody and control
under this section is the only matter that may be heard during the
stay until the court issues a final ruling on the petition. end insert

(c)  begin delete Nothing in this end delete begin insert This end insert section begin delete may end delete begin insert does not end insert limit the
jurisdiction of the court pursuant to Part 3 (commencing with
Section 6240) and Part 4 (commencing with Section 6300) of
Division 10 with respect to domestic begin delete violence orders. end delete begin insert violence
orders, or pursuant to Article 6 (commencing with Section 300)
of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions
Code with respect to dependency proceedings. end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 7842 is added to the end insert begin insert Family Code end insert begin insert , end insert immediately
following Section 7841 begin insert , to read: end insert

begin insert

begin insert 7842. end insert   

A single petition may be filed under this part to free a
child, or more than one child if the children are biological siblings,
from the custody and control of both parents. A petition filed in
accordance with this section may be granted in whole or in part
in accordance with the procedures set forth in this chapter. The
court shall retain discretion to bifurcate any case in which the
petition was filed in accordance with this section, and shall do so
whenever it is necessary to protect the interests of a party or a
child who is the subject of the proceeding.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 7. end insert   

Section 8603 of the Family Code is amended to read:

8603.  

(a) A married person, not lawfully separated from the
person’s spouse, shall not adopt a child without the consent of the
spouse, provided that the spouse is capable of giving that consent.

(b) The consent of the spouse shall not establish any parental
rights or responsibilities on the part of the consenting spouse unless
he or she begin delete has been approved to adopt the child, end delete has consented to
adopt the child in a writing begin delete signed before, and filed with, the court, end delete
begin insert filed with the court end insert and is named in the final decree as an adoptive
parent.

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 8604 of the end insert begin insert Family Code end insert begin insert is amended to read: end insert

8604.  

(a) Except as provided in subdivision (b), a child having
a presumed father under Section 7611 begin delete may end delete begin insert shall end insert not be adopted
without the consent of the child’s birth parents, if living. The
consent of a presumed father is not required for the child’s adoption
unless he became a presumed father as described in Chapter 1
(commencing with Section 7540) or Chapter 3 (commencing with
Section 7570) of Part 2 of Division 12, or subdivision (a), (b), or
(c) of Section 7611 before the mother’s relinquishment or consent
becomes irrevocable or before the mother’s parental rights have
been terminated.

(b) If one birth parent has been awarded custody by judicial
order, or has custody by agreement of both parents, and the other
birth parent for a period of one year willfully fails to communicate
begin delete with end delete begin insert with, end insert and to pay begin delete for end delete begin insert for, end insert the care, support, and education of
the child when able to do so, then the birth parent having sole
custody may consent to the adoption, but only after the birth parent
not having custody has been served with a copy of a citation in
the manner provided by law for the service of a summons in a civil
action that requires the birth parent not having custody to appear
at the time and place set for the appearance in court under Section
8718, 8823, 8913, or 9007.

(c) Failure of a birth parent to pay for the care, support, and
education of the child for the period of one year or failure of a
birth parent to communicate with the child for the period of one
year is prima facie evidence that the failure was willful and without
lawful excuse. If the birth parent or parents have made only token
efforts to support or communicate with the child, the court may
disregard those token efforts.

begin insert

(d) (1) If the birth mother of a child for whom there is not a
presumed father leaves the child in the physical care of a licensed
private adoption agency, in the physical care of a prospective
adoptive parent who has an approved preplacement evaluation or
private agency adoption home study, or in the hospital after
designating a licensed private adoption agency or an approved
prospective adoptive parent in a signed document, completed with
a hospital social worker, adoption service provider, licensed
private adoption agency worker, notary, or attorney, but fails to
sign a placement agreement, consent, or relinquishment for
adoption, the approved prospective adoptive parent or the licensed
private adoption agency may apply for, and the court may issue,
a temporary custody order placing the child in the care and custody
of the applicant.

end insert begin insert

(2) A temporary custody order issued pursuant to this
subdivision shall include all of the following:

end insert begin insert

(A) A requirement that the applicant keep the court informed
of the child’s residence at all times.

end insert begin insert

(B) A requirement that the child shall not be removed from the
state or concealed within the state.

end insert begin insert

(C) The expiration date of the order, which shall not be more
than six months after the order is issued.

end insert begin insert

(3) A temporary custody order issued pursuant to this
subdivision may be voided upon the birth mother’s request to have
the child returned to her care and custody.

end insert

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 8606 of the end insert begin insert Family Code end insert begin insert is amended to read: end insert

8606.  

Notwithstanding Sections 8604 and 8605, the consent
of a birth parent is not necessary in the following cases:

(a)  begin delete Where end delete begin insert When end insert the birth parent has been judicially deprived
of the custody and control of the child (1) by a court order declaring
the child to be free from the custody and control of either or both
birth parents pursuant to Part 4 (commencing with Section 7800)
of Division 12 of this code, or Section 366.25 or 366.26 of the
Welfare and Institutions Code, or (2) by a similar order of a court
of another jurisdiction, pursuant to a law of that jurisdiction
authorizing the order.

(b)  begin delete Where end delete begin insert When end insert the birth parent has, in a judicial proceeding
in another jurisdiction, voluntarily surrendered the right to the
custody and control of the child pursuant to a law of that
jurisdiction providing for the surrender.

(c)  begin delete Where end delete begin insert When end insert the birth parent has deserted the child without
provision for identification of the child.

(d)  begin delete Where end delete begin insert When end insert the birth parent has relinquished the child for
adoption as provided in Section 8700.

(e)  begin delete Where end delete begin insert When end insert the birth parent has relinquished begin insert or placed end insert the
child for adoption begin delete to a licensed or authorized child-placing agency end delete
in another jurisdiction pursuant to the law of that jurisdiction.

begin insert

(f) When the birth parent has placed the child for adoption
pursuant to Section 8800.5.

end insert

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 8613.5 of the end insert begin insert Family Code end insert begin insert is amended to
read: end insert

8613.5.  

(a) (1) If it is impossible or impracticable for either
prospective adoptive parent to make an appearance in person, and
the circumstances are established by clear and convincing
documentary evidence, the court may, in its discretion, begin delete waive end delete begin insert do
either of the following: end insert

begin insert (A) end insert begin insert   end insert begin insert Waive end insert the personal appearance of the prospective adoptive
parent. The appearance may be made for the prospective adoptive
parent by counsel, commissioned and empowered in writing for
that purpose. The power of attorney may be incorporated in the
adoption petition.

begin insert

(B) Authorize the prospective adoptive parent to appear by
telephone, videoconference, or other remote electronic means that
the court deems reasonable, prudent, and reliable.

end insert

(2) For purposes of this section, if the circumstances that make
an appearance in person by a prospective adoptive parent
impossible or impracticable are temporary in nature or of a short
duration, the court shall not waive the personal appearance of that
prospective adoptive parent.

(b) If the prospective adoptive parent is permitted to appear by
counsel, the agreement may be executed and acknowledged by the
counsel, or may be executed by the absent party before a notary
public, or any other person authorized to take acknowledgments
including the persons authorized by Sections 1183 and 1183.5 of
the Civil Code.

(c) If the prospective adoptive parent is permitted to appear by
counsel, or otherwise, the court may, in its discretion, cause an
examination of the prospective adoptive parent, other interested
person, or witness to be made upon deposition, as it deems
necessary. The deposition shall be taken upon commission, as
prescribed by the Code of Civil Procedure, and the expense thereof
shall be borne by the petitioner.

(d) The petition, relinquishment or consent, agreement, order,
report to the court from any investigating agency, and any power
of attorney and deposition shall be filed in the office of the clerk
of the court.

(e) The provisions of this section permitting an appearance by
counsel begin insert or electronically pursuant to subparagraph (B) of
paragraph (1) of subdivision (a) end insert are equally applicable to the
spouse of a prospective adoptive parent who resides with the
prospective adoptive parent outside this state.

(f) If, pursuant to this section, neither prospective adoptive
parent need appear before the court, the child proposed to be
adopted need not appear. If the law otherwise requires that the
child execute any document during the course of the hearing, the
child may do so through counsel.

(g) If none of the parties appears, the court may not make an
order of adoption until after a report has been filed with the court
pursuant to Section 8715, 8807, 8914, or 9001.

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 8700 of the end insert begin insert Family Code end insert begin insert is amended to read: end insert

8700.  

(a) Either birth parent may relinquish a child to the
department, county adoption agency, or licensed adoption agency
for adoption by a written statement signed before two subscribing
witnesses and acknowledged before an authorized official of the
department, county adoption agency, or licensed adoption agency.
The relinquishment, when reciting that the person making it is
entitled to the sole custody of the child and acknowledged before
the officer, is prima facie evidence of the right of the person making
it to the sole custody of the child and the person’s sole right to
relinquish.

(b) A relinquishing parent who is a minor has the right to
relinquish his or her child for adoption to the department, county
adoption agency, or licensed adoption agency, and the
relinquishment is not subject to revocation by reason of the
begin delete minority. end delete begin insert minority, or because the parent or guardian of the
relinquishing minor parent was not served with notice that the
relinquishing minor parent relinquished his or her child for
adoption, unless the relinquishing minor parent has previously
provided written authorization to serve his or her parent or
guardian with that notice. end insert

(c) If a begin delete relinquishing end delete parent resides outside this state and begin delete the
child is being cared for and is or will be placed for adoption by
the department, county adoption agency, or a licensed adoption
agency, the relinquishing end delete begin insert the other parent has relinquished the
child for adoption, the end insert parent begin insert residing out of state end insert may relinquish
the child begin delete to the department, county adoption agency, or licensed
adoption agency end delete by a written statement signed begin delete by the relinquishing
parent end delete before a notary on a form prescribed by the department,
and previously signed by an authorized official of the department,
county adoption agency, or licensed adoption agency that signifies
the willingness of the department, county adoption agency, or
licensed adoption agency to accept the relinquishment.

(d) If a begin delete relinquishing end delete parent and child reside outside this state begin delete and the child will be cared for and will be placed for adoption by end delete
begin insert and the other parent has not relinquished the child for adoption
to end insert the department, county adoption agency, or licensed adoption
agency, the begin delete relinquishing end delete parent begin insert residing out of state end insert may relinquish
the child to the department, county adoption agency, or licensed
adoption agency by a written statement signed by the relinquishing
parent, after begin delete that parent has satisfied end delete the following begin delete requirements: end delete
begin insert requirements have been satisfied: end insert

(1) Prior to signing the relinquishment, the relinquishing parent
shall have received, from a representative of an agency licensed
or otherwise approved to provide adoption services under the laws
of the relinquishing parent’s state of residence, the same counseling
and advisement services as if the relinquishing parent resided in
this state.

(2) The relinquishment shall be signed before a representative
of an agency licensed or otherwise approved to provide adoption
services under the laws of the relinquishing parent’s state of
residence whenever possible or before a licensed social worker on
a form prescribed by the department, and previously signed by an
authorized official of the department, county adoption agency, or
licensed adoption agency, that signifies the willingness of the
department, county adoption agency, or licensed adoption agency
to accept the relinquishment.

(e) (1) The relinquishment authorized by this section has no
effect until a certified copy is sent to, and filed with, the
department. The county adoption agency or licensed adoption
agency shall send that copy by certified mail, return receipt
requested, or by overnight courier or messenger, with proof of
delivery, to the department no earlier than the end of the business
day following the signing thereof. The agency shall inform the
birth parent that during this time period he or she may request that
the relinquishment be withdrawn and that, if he or she makes the
request, the relinquishment shall be withdrawn. The relinquishment
shall be final 10 business days after receipt of the filing by the
department, unless any of the following applies:

(A) The department sends written acknowledgment of receipt
of the relinquishment prior to the expiration of that 10-day period,
at which time the relinquishment shall be final.

(B) A longer period of time is necessary due to a pending court
action or some other cause beyond control of the department.

(C) The birth parent signs a waiver of right to revoke
relinquishment pursuant to Section 8700.5, in which case the
relinquishment shall become final as provided in that section.

(2) After the relinquishment is final, it may be rescinded only
by the mutual consent of the department, county adoption agency,
or licensed adoption agency to which the child was relinquished
and the birth parent or parents relinquishing the child.

(f) The relinquishing parent may name in the relinquishment
the person or persons with whom he or she intends that placement
of the child for adoption be made by the department, county
adoption agency, or licensed adoption agency.

(g) Notwithstanding subdivision (e), if the relinquishment names
the person or persons with whom placement by the department,
county adoption agency, or licensed adoption agency is intended
and the child is not placed in the home of the named person or
persons or the child is removed from the home prior to the granting
of the adoption, the department, county adoption agency, or
licensed adoption agency shall mail a notice by certified mail,
return receipt requested, to the birth parent signing the
relinquishment within 72 hours of the decision not to place the
child for adoption or the decision to remove the child from the
home.

(h) The relinquishing parent has 30 days from the date on which
the notice described in subdivision (g) was mailed to rescind the
relinquishment.

(1) If the relinquishing parent requests rescission during the
30-day period, the department, county adoption agency, or licensed
adoption agency shall rescind the relinquishment.

(2) If the relinquishing parent does not request rescission during
the 30-day period, the department, county adoption agency, or
licensed adoption agency shall select adoptive parents for the child.

(3) If the relinquishing parent and the department, county
adoption agency, or licensed adoption agency wish to identify a
different person or persons during the 30-day period with whom
the child is intended to be placed, the initial relinquishment shall
be rescinded and a new relinquishment identifying the person or
persons completed.

(i) If the parent has relinquished a child, who has been found
to come within Section 300 of the Welfare and Institutions Code
or is the subject of a petition for jurisdiction of the juvenile court
under Section 300 of the Welfare and Institutions Code, to the
department, county adoption agency, or a licensed adoption agency
for the purpose of adoption, the department, county adoption
agency, or licensed adoption agency accepting the relinquishment
shall provide written notice of the relinquishment within five court
days to all of the following:

(1) The juvenile court having jurisdiction of the child.

(2) The child’s attorney, if any.

(3) The relinquishing parent’s attorney, if any.

(j) The filing of the relinquishment with the department
terminates all parental rights and responsibilities with regard to
the child, except as provided in subdivisions (g) and (h).

(k) The department shall adopt regulations to administer the
provisions of this section.

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 8800.5 is added to the end insert begin insert Family Code end insert begin insert , to read: end insert

begin insert

begin insert 8800.5. end insert   

(a) A parent who is a resident of this state who is
placing a child for independent adoption within this state shall
follow the procedures set forth in this chapter.

(b) A parent who is not a resident of this state who is placing
a child for independent adoption within this state may follow the
procedures set forth in this chapter or the procedures prescribed
by the state or territory in which the parent resides.

end insert

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 8801.3 of the end insert begin insert Family Code end insert begin insert is amended to
read: end insert

8801.3.  

begin delete A end delete begin insert Except when a child has been placed for adoption
following the procedures prescribed by another state or territory,
as authorized by subdivision (b) of Section 8800.5, a end insert child shall
not be considered to have been placed for begin insert independent end insert adoption
unless each of the following is true:

(a) Each birth parent placing the child for adoption has been
advised of his or her rights, and if desired, has been counseled
pursuant to Section 8801.5.

(b) The adoption service provider, each prospective adoptive
parent, and each birth parent placing the child have signed an
adoption placement agreement on a form prescribed by the
department. The signing of the agreement shall satisfy all of the
following requirements:

(1) Each birth parent shall have been advised of his or her rights
pursuant to Section 8801.5 at least 10 days before signing the
agreement, unless the adoption service provider finds exigent
circumstances that shall be set forth in the adoption placement
agreement.

(2) The agreement may not be signed by either the birth parents
or the prospective adoptive parents until the time of discharge of
the birth mother from the hospital. However, if the birth mother
remains hospitalized for a period longer than the hospitalization
of the child, the agreement may be signed by all parties at the time
of or after the child’s discharge from the hospital but prior to the
birth mother’s discharge from the hospital if her competency to
sign is verified by her attending physician and surgeon before she
signs the agreement.

(3) The birth parents and prospective adoptive parents shall sign
the agreement in the presence of an adoption service provider.

(4) The adoption service provider who witnesses the signatures
shall keep the original of the adoption placement agreement and
immediately forward it and supporting documentation as required
by the department to the department or delegated county adoption
agency.

(5) The child is not deemed to be placed for adoption with the
prospective adoptive parents until the adoption placement
agreement has been signed and witnessed.

(6) If the birth parent is not located in this state or country, the
adoption placement agreement shall be signed before an adoption
service provider or, for purposes of identification of the birth parent
only, before a notary or other person authorized to perform notarial
acts in the state or country in which the birth parent is located.
This paragraph is not applicable to intercountry adoptions, as
defined in Section 8527, which shall be governed by Chapter 4
(commencing with Section 8900).

(c) The adoption placement agreement form shall include all of
the following:

(1) A statement that the birth parent received the advisement of
rights and the date upon which it was received.

(2) A statement that the birth parent understands that the
placement is for the purpose of adoption and that if the birth parent
takes no further action, on the 31st day after signing the adoption
placement agreement, the agreement shall become a permanent
and irrevocable consent to the adoption.

(3) A statement that the birth parent signs the agreement having
personal knowledge of certain facts regarding the prospective
adoptive parents as provided in Section 8801.

(4) A statement that the adoptive parents have been informed
of the basic health and social history of the birth parents.

(5) A consent to the adoption that may be revoked as provided
by Section 8814.5.

(d) The adoption placement agreement shall also meet the
requirements of the Interstate Compact on the Placement of
Children in Section 7901.

begin delete

(e) This section shall become operative on January 1, 1995.

end delete

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Section 8804 of the end insert begin insert Family Code end insert begin insert is amended to read: end insert

8804.  

(a) Whenever the petitioners move to withdraw the
petition for the adoption or to dismiss the proceeding, the clerk of
the court in which the proceeding is pending shall immediately
notify the department at Sacramento of the action. The department
or the delegated county adoption agency shall file a full report
with the court recommending a suitable plan for the child in every
case where the petitioners move to withdraw the petition for the
adoption or where the department or delegated county adoption
agency recommends that the petition for adoption be denied and
shall appear before the court for the purpose of representing the
child.

(b) Notwithstanding the withdrawal or dismissal of the petition,
the court may retain jurisdiction over the child for the purposes of
making any order for the child’s custody that the court deems to
be in the child’s best interest.

(c) If a birth parent who did not place a child for adoption as
specified in Section 8801.3 has refused to give the required consent,
or a birth parent revokes consent as specified in Section 8814.5,
begin delete the court shall order end delete the child begin insert shall be end insert restored to the care and
custody of the birth parent or parents subject to begin delete the provisions of end delete
Section begin delete 3041. end delete begin insert 3041, unless the court orders otherwise. end insert

begin insert

begin insert SEC. 15. end insert   

end insert

begin insert Section 8807 of the end insert begin insert Family Code end insert begin insert is amended to read: end insert

8807.  

(a) Except as provided in subdivisions (b) and (c), within
180 days after receiving 50 percent of the fee, the department or
delegated county adoption agency shall investigate the proposed
independent adoption and, after the remaining balance of the fee
is paid, submit to the court a full report of the facts disclosed by
its inquiry with a recommendation regarding the granting of the
petition. begin insert If the petitioners have a valid preplacement evaluation
or a valid private agency adoption home study, as described in
paragraph (2) of subdivision (a) of Section 8810, and no new
information has been discovered or events have occurred
subsequent to the approval of the evaluation or home study that
create a reasonable belief that further investigation is necessary,
the department or delegated county adoption agency may elect
not to reinvestigate any matters covered in the evaluation or home
study. end insert

(b) If the investigation establishes that there is a serious question
concerning the suitability of the petitioners, the care provided to
the child, or the availability of the consent to adoption, the report
shall be filed immediately.

(c)  begin insert (1) end insert begin insert   end insert In its discretion, the court may allow additional time for
the filing of the report, after at least five days’ notice to the
petitioner or petitioners and an opportunity for the petitioner or
petitioners to be heard with respect to the request for additional
time.

begin insert

(2) If the investigation and report is not completed within 210
days after the adoption petition was initially filed, the petitioner
or petitioners may request the court to issue, and a court may
issue, an order requiring the department or delegated county
adoption agency to complete the investigation within 30 days, and
providing that failure to do so shall be cause for the court to refer
the investigation to a licensed private agency for completion. If
the investigation is referred to a licensed private agency, the
department or delegated county adoption agency shall turn over
all fees for the case to the private agency. Before ruling on the
request, the court shall consider the reason or reasons for the
delay, including, but not limited to, a failure by the petitioner or
petitioners to promptly cooperate with the requests of the
department or delegated county adoption agency.

end insert

(d) If a petitioner is a resident of a state other than California,
an updated and current homestudy report, conducted and approved
by a licensed adoption agency or other authorized resource in the
state in which the petitioner resides, shall be reviewed and endorsed
by the department or delegated county adoption agency, if the
standards and criteria established for a homestudy report in the
other state are substantially commensurate with the homestudy
standards and criteria established in California adoption regulations.

begin delete

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

end delete

begin insert

begin insert SEC. 16. end insert   

end insert

begin insert Section 8808 of the end insert begin insert Family Code end insert begin insert is amended to read: end insert

8808.  

(a) The department or delegated county adoption agency
shall interview the petitioners within 45 working days, excluding
legal holidays, after the filing of the adoption petition.

(b) The department or delegated county adoption agency shall
interview all persons from whom consent is required and whose
addresses are known as soon as 50 percent of the fee has been paid
to the department or delegated county adoption agency. The
interview with the placing parent or parents shall include, but not
be limited to, discussion of any concerns or problems that the
parent has with the placement and, if the placing parent was not
interviewed as provided in Section 8801.7, the content required
in that interview. At the interview, the agency shall give the parent
an opportunity to sign either a statement revoking the consent, or
a waiver of the right to revoke consent, as provided in Section
begin delete 8814.5. end delete begin insert 8814.5, unless the parent has already signed a waiver or
the time period allowed to revoke consent has expired. end insert

(c) In order to facilitate the interview described in this section,
begin delete at the same time the petition is filed with the court, the petitioners
shall file with the district office of the department or with the
delegated county adoption agency responsible for the investigation
of the adoption, a copy end delete begin insert within five business days of filing the
petition, the petitioners shall provide the department or delegated
county adoption agency a stamped file copy end insert of the petition together
with 50 percent of the fee, begin insert a copy of any valid preplacement
evaluation or any valid private agency adoption home study, as
described in paragraph (2) of subdivision (a) of Section 8810, end insert and
the names, addresses, and telephone numbers of all parties to be
interviewed, if known.

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

begin insert

begin insert SEC. 17. end insert   

end insert

begin insert Section 8814 of the end insert begin insert Family Code end insert begin insert is amended to read: end insert

8814.  

(a) Except as provided in Section 7662, the consent of
the birth parent or parents who did not place the child for adoption,
as described in Section 8801.3, to the adoption shall be signed in
the presence of an agent of the department or of a delegated county
adoption agency on a form prescribed by the department. The
consent shall be filed with the clerk of the appropriate superior
court.

(b) The consent described in subdivision (a), when reciting that
the person giving it is entitled to the sole custody of the child and
when acknowledged before that agent, is prima facie evidence of
the right of the person making it to the sole custody of the child
and that person’s sole right to consent.

(c) If the birth parent described in subdivision (a) is located
outside this state for an extended period of time unrelated to the
adoption at the time of signing the consent, the consent may be
signed before a notary or other person authorized to perform
notarial acts, and in that case the consent of the department or of
the delegated county adoption agency is also necessary.

(d) A birth parent who is a minor has the right to sign a consent
for the adoption of the birth parent’s child and the consent is not
subject to revocation by reason of begin delete minority. end delete begin insert minority, or because
the parent or guardian of the relinquishing minor parent was not
served with notice that the relinquishing minor parent consented
to the adoption, unless the relinquishing minor parent has
previously provided written authorization to serve his or her parent
or guardian with that notice. end insert

begin delete

(e) This section shall become operative on January 1, 1995.

end delete

begin insert

begin insert SEC. 18. end insert   

end insert

begin insert Section 8815 of the end insert begin insert Family Code end insert begin insert is amended to read: end insert

8815.  

(a) Once the revocable consent to adoption has become
permanent as provided in Section 8814.5, the consent to the
adoption by the prospective adoptive parents may not be
withdrawn.

(b) Before the time when the revocable consent becomes
permanent as provided in Section 8814.5, the birth parent or parents
may request return of the child. In begin delete such a end delete begin insert that end insert case the child shall
immediately be returned to the begin insert requesting end insert birth parent or begin delete parents
so requesting. end delete begin insert parents, unless a court orders otherwise. end insert

(c) If the person or persons with whom the child has been placed
have concerns that the birth parent or parents requesting return of
the child are unfit or present a danger of harm to the child, that
begin delete person’s or those persons’ only option is to report their concerns
to the investigating adoption agency and end delete begin insert person or those persons
may report their concerns to end insert the appropriate child welfare agency.
These concerns shall not be a basis for failure to immediately return
the begin delete child. end delete begin insert child, unless a court orders otherwise. end insert

begin delete

(d) This section shall become operative on January 1, 1995.

end delete

begin insert

begin insert SEC. 19. end insert   

end insert begin insert

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

end insert