Amended in Senate August 22, 2014

Amended in Senate August 5, 2014

Amended in Senate July 1, 2014

Amended in Senate June 11, 2014

Amended in Assembly April 23, 2014

Amended in Assembly April 10, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1701

Introduced by Assembly Member Patterson

(Coauthor: Senator Anderson)

February 13, 2014

An act to amend Sections 7630, 7662, 7666, 7807, 8603, 8604, 8613.5, 8700, 8804, 8807, 8808, 8814, and 8815 of, and to add Sections 7671 and 7842 to, the Family Code, and to amend Section 361 of the Welfare and Institutions Code, relating to family law.

LEGISLATIVE COUNSEL’S DIGEST

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

(1) Existing law authorizes, among others, a 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 the child, who have not been joined as parties, without the necessity of a motion for joinder.

This bill would instead authorize a 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.

(2) Existing 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 has consented to adopt the child in a writing filed with the court and is named in the final decree as an adoptive parent of the child. The bill would authorize the court to dispense with a spouse’s consent in certain circumstances and, if consent has been dispensed, prohibit the spouse from being named as an adoptive parent in the final decree.

(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 one-year period or the failure of a birth parent to communicate with the child for the one-year period is prima facie evidence that the failure was willful and without lawful excuse.

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.

(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.

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.

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 authorize a court to grant one of these joint petitions, in whole or in part, and would specify that the court retains the discretion to bifurcate a case in which a joint petition was filed. The bill would require 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.

(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.

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.

(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.

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 to the court of the facts disclosed by its inquiry with a recommendation regarding the granting of the adoption petition.

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 and no new event has occurred subsequent to the approval of the evaluation or home study that creates a reasonable belief that further investigation is necessary, except that the department must complete all background clearances required by law.

Existing law also requires the department or a delegated county adoption agency to interview the petitioners within 45 working days after the filing of the adoption petition and to interview all persons from whom consent is required and whose addresses are known, as soon as 50% of the fee has been paid. 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 and 50% of the fee, with the department or with the delegated county adoption agency responsible for the investigation of the adoption.

This bill would instead require the department or delegated county adoption agency to interview the petitioners within 45 working days after receiving 50% of the fee together with a stamped file copy of the adoption petition, and to interview all persons from whom consent is required and whose addresses are known. The bill would provide that the department is not required 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 together with 50% of the fee and a copy of any valid preplacement evaluation or any valid private agency adoption home study.

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.

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

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

(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.

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.

(8) Existing law establishes the jurisdiction of the juvenile court, which may adjudge certain children to be dependents of the juvenile court under certain circumstances. In all cases in which a minor is adjudged a dependent child of the juvenile court under those circumstances, existing law authorizes the court to limit the control to be exercised over the dependent child by any parent or guardian. Existing law provides that those provisions do not limit the ability of a parent to voluntarily relinquish his or her child to the State Department of Social Services or to a county adoption agency at any time while the child is a dependent child of the juvenile court, if the department or county adoption agency is willing to accept the relinquishment.

This bill would make those provisions applicable to a child who is the subject of a petition to declare him or her a dependent child of the juvenile court, and would specify that those provisions do not limit the ability of the parent of a child who is the subject of a petition to declare him or her a dependent child of the juvenile court or a dependent child to voluntarily relinquish that child to a licensed private adoption agency. The bill would require the juvenile court, when a child who is the subject of a petition to declare him or her a dependent child of the juvenile court, or a child who has been adjudged a dependent child of the juvenile court, has been relinquished to a licensed private adoption agency, after notice and a hearing, to determine whether the relinquishment should be approved or denied. The bill would authorize the court to dispense with notice and a hearing and issue an ex parte order approving the relinquishment if the relinquishment is accompanied by the written agreement of all parties. The bill would require notification of a parent relinquishing a child to a licensed private adoption agency that the relinquishment is subject to court approval.

This bill would also require, when a child who is the subject of a petition to declare him or her a dependent child of the juvenile court, or a child who has been adjudged a dependent child of the juvenile court, has been relinquished to the department or a county adoption agency, the department or the county adoption agency to file notice of the relinquishment with the court and all parties and their counsel.

begin insert

(9) This bill would incorporate additional changes to Section 361 of the Welfare and Institutions Code proposed by Senate Bill 977 that would become operative if this bill and Senate Bill 977 are both enacted and this bill is enacted last.

end insert begin delete

(9)

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begin insert (10) end insert  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.

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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

SECTION 1.  

Section 7630 of the Family Code is amended to
read:

7630.  

(a) A child, the child’s natural mother, 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 child,
a personal representative of the child, the Department of Child
Support Services, a presumed parent or the personal representative
or a parent of that presumed parent if that parent has died or is a
minor, or, in cases in which the natural mother is the only presumed
parent or an action under Section 300 of the Welfare and
Institutions Code or adoption is pending, a man alleged or alleging
himself to be the father 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, any licensed California adoption agency that
has legal custody of the 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, 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.

SEC. 2.  

Section 7662 of the Family Code is amended to read:

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) Except as provided in this subdivision and subdivision (d),
all proceedings affecting a child, including proceedings under
Divisions 8 (commencing with Section 3000) to 11 (commencing
with Section 6500), inclusive, Part 1 (commencing with Section
7500) to Part 3 (commencing with Section 7600), inclusive, of this
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 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.

(d) This section does not 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 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.

SEC. 3.  

Section 7666 of the Family Code is amended to read:

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 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. 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.

SEC. 4.  

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

7671.  

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.

SEC. 5.  

Section 7807 of the Family Code is amended to read:

7807.  

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

(b) Except as provided in this subdivision and subdivision (c),
all proceedings affecting a child, including proceedings under
Divisions 8 (commencing with Section 3000) to 11 (commencing
with Section 6500), inclusive, Part 1 (commencing with Section
7500) to Part 3 (commencing with Section 7600), inclusive, of this
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.

(c) This section does not 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 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.

SEC. 6.  

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

7842.  

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.

SEC. 7.  

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 has consented to adopt the child in a writing filed with
the court and is named in the final decree as an adoptive parent.
The court shall not name the consenting spouse as an adoptive
parent in the final decree unless the consenting spouse has filed a
written consent to adopt the child with the court and has an
approved adoption home study.

(c) The court may dispense with the consent of a spouse who
cannot be located after diligent search, or a spouse determined by
the court to lack the capacity to consent. A spouse for whom
consent was dispensed shall not be named as an adoptive parent
in the final decree.

SEC. 8.  

Section 8604 of the Family Code is amended to read:

8604.  

(a) Except as provided in subdivision (b), a child having
a presumed father under Section 7611 shall 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
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, 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.

(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.

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

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

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

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

(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.

SEC. 9.  

Section 8613.5 of the Family Code is amended to read:

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, do either
of the following:

(A) Waive 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.

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

(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 or electronically pursuant to subparagraph (B) of paragraph
(1) of subdivision (a) 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 appear, 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.

SEC. 10.  

Section 8700 of the Family Code is amended to read:

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 the relinquishing
parent by reason of the 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.

(c) If a parent resides outside this state and the other parent has
relinquished the child for adoption pursuant to subdivision (a) or
(d), the parent residing out of state may relinquish the child by a
written statement signed 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 parent and child reside outside this state and the other
parent has not relinquished the child for adoption to the department,
county adoption agency, or licensed adoption agency, the parent
residing out of state may relinquish the child to the department,
county adoption agency, or licensed adoption agency by a written
statement signed by the relinquishing parent, after the following
requirements have been satisfied:

(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) Subject to the requirements of subdivision (b) of Section 361
of the Welfare and Institutions Code, a parent may sign a
relinquishment of a child described in paragraph (1) of subdivision
(b) of Section 361 of the Welfare and Institutions Code. If the
relinquishment is to a licensed private adoption agency, the parent
shall be advised, in writing, that the relinquishment shall have no
effect and will be not be filed with, or acknowledged by, the
department, unless the court approves the relinquishment pursuant
to paragraph (3) of subdivision (b) of Section 361 of the Welfare
and Institutions Code. If the court issues an order approving the
relinquishment, the licensed private adoption agency shall file the
relinquishment and the order with the department. If the court
denies the relinquishment, the licensed private adoption agency
shall void the relinquishment and inform the parent of that fact.

(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.

SEC. 11.  

Section 8804 of the Family Code is amended to read:

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,
the child shall be restored to the care and custody of the birth parent
or parents, unless the court orders otherwise, subject to Section
3041.

SEC. 12.  

Section 8807 of the Family Code is amended to read:

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. 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 and no new event has occurred
subsequent to the approval of the evaluation or home study that
creates 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, except that the department shall complete all background
clearances required by law.

(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) 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.

(d) If a petitioner is a resident of a state other than California,
an updated and current home study 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 home study report in the
other state are substantially commensurate with the home study
standards and criteria established in California adoption regulations.

SEC. 13.  

Section 8808 of the Family Code is amended to read:

8808.  

(a) The department or delegated county adoption agency
shall interview the petitioners within 45 working days, excluding
legal holidays, after the department or delegated county adoption
agency receives 50 percent of the investigation fee together with
a stamped file copy 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. 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 8814.5, unless the parent has
already signed a waiver or the time period allowed to revoke
consent has expired.

(c) In order to facilitate the interview described in this section,
within five business days of filing the petition, the petitioners shall
provide the department or delegated county adoption agency a
stamped file copy of the petition together with 50 percent of the
fee, 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, and the names, addresses,
and telephone numbers of all parties to be interviewed, if known.

SEC. 14.  

Section 8814 of the Family Code is amended to read:

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 the birth parent by reason of minority, or
because the parent or guardian of the consenting minor parent was
not served with notice that the minor parent consented to the
adoption, unless the minor parent has previously provided written
authorization to serve his or her parent or guardian with that notice.

SEC. 15.  

Section 8815 of the Family Code is amended to read:

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 that case the child shall
immediately be returned to the requesting birth parent or parents,
unless a court orders otherwise.

(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
person or those persons may report their concerns to the appropriate
child welfare agency. These concerns shall not be a basis for failure
to immediately return the child, unless a court orders otherwise.

SEC. 16.  

Section 361 of the Welfare and Institutions Code is
amended to read:

361.  

(a) (1) In all cases in which a minor is adjudged a
dependent child of the court on the ground that the minor is a
person described by Section 300, the court may limit the control
to be exercised over the dependent child by any parent or guardian
and shall by its order clearly and specifically set forth all those
limitations. Any limitation on the right of the parent or guardian
to make educational or developmental services decisions for the
child shall be specifically addressed in the court order. The
limitations may not exceed those necessary to protect the child. If
the court specifically limits the right of the parent or guardian to
make educational or developmental services decisions for the child,
or, for the nonminor dependent, if the court finds the appointment
of a developmental services decisionmaker to be in the best
interests of the nonminor dependent, the court shall at the same
time appoint a responsible adult to make educational or
developmental services decisions for the child or nonminor
dependent until one of the following occurs:

(A) The minor reaches 18 years of age, unless the child or
nonminor dependent chooses not to make educational or
developmental services decisions for himself or herself, or is
deemed by the court to be incompetent.

(B) Another responsible adult is appointed to make educational
or developmental services decisions for the minor pursuant to this
section.

(C) The right of the parent or guardian to make educational or
developmental services decisions for the minor is fully restored.

(D) A successor guardian or conservator is appointed.

(E) The child is placed into a planned permanent living
arrangement pursuant to paragraph (5) of subdivision (g) of Section
366.21, Section 366.22, Section 366.26, or subdivision (i) of
Section 366.3, at which time, for educational decisionmaking, the
foster parent, relative caretaker, or nonrelative extended family
member as defined in Section 362.7, has the right to represent the
child in educational matters pursuant to Section 56055 of the
Education Code, and for decisions relating to developmental
services, unless the court specifies otherwise, the foster parent,
relative caregiver, or nonrelative extended family member of the
planned permanent living arrangement has the right to represent
the child or nonminor dependent in matters related to
developmental services.

(2) An individual who would have a conflict of interest in
representing the child or nonminor dependent may not be appointed
to make educational or developmental services decisions. For
purposes of this section, “an individual who would have a conflict
of interest,” means a person having any interests that might restrict
or bias his or her ability to make educational or developmental
services decisions, including, but not limited to, those conflicts of
interest prohibited by Section 1126 of the Government Code, and
the receipt of compensation or attorney’s fees for the provision of
services pursuant to this section. A foster parent may not be deemed
to have a conflict of interest solely because he or she receives
compensation for the provision of services pursuant to this section.

(3) If the court limits the parent’s educational rights pursuant
to this subdivision, the court shall determine whether there is a
responsible adult who is a relative, nonrelative extended family
member, or other adult known to the child who is available and
willing to serve as the child’s educational representative before
appointing an educational representative or surrogate who is not
known to the child.

If the court cannot identify a responsible adult who is known to
the child and available to make educational decisions for the child,
subparagraphs (A) to (E), inclusive, of paragraph (1) do not apply,
and the child has either been referred to the local educational
agency for special education and related services, or has a valid
individualized education program, the court shall refer the child
to the local educational agency for appointment of a surrogate
parent pursuant to Section 7579.5 of the Government Code.

If the court cannot identify a responsible adult to make
educational decisions for the child, the appointment of a surrogate
parent as defined in subdivision (a) of Section 56050 of the
Education Code is not warranted, and there is no foster parent to
exercise the authority granted by Section 56055 of the Education
Code, the court may, with the input of any interested person, make
educational decisions for the child.

(4) If the court appoints a developmental services decisionmaker
pursuant to this section, he or she shall have the authority to access
the child’s or nonminor dependent’s information and records
pursuant to subdivision (u) of Section 4514 and subdivision (y) of
Section 5328, and to act on the child’s or nonminor dependent’s
behalf for the purposes of the individual program plan process
pursuant to Sections 4646, 4646.5, and 4648 and the fair hearing
process pursuant to Chapter 7 (commencing with Section 4700)
of Division 4.5, and as set forth in the court order.

If the court cannot identify a responsible adult to make
developmental services decisions for the child or nonminor
dependent, the court may, with the input of any interested person,
make developmental services decisions for the child or nonminor
dependent. If the child is receiving services from a regional center,
the provision of any developmental services related to the court’s
decision must be consistent with the child’s or nonminor
dependent’s individual program plan and pursuant to the provisions
of the Lanterman Developmental Disabilities Services Act
(Division 4.5 (commencing with Section 4500)).

(5) All educational and school placement decisions shall seek
to ensure that the child is in the least restrictive educational
programs and has access to the academic resources, services, and
extracurricular and enrichment activities that are available to all
pupils. In all instances, educational and school placement decisions
shall be based on the best interests of the child. If an educational
representative or surrogate is appointed for the child, the
representative or surrogate shall meet with the child, shall
investigate the child’s educational needs and whether those needs
are being met, and shall, prior to each review hearing held under
this article, provide information and recommendations concerning
the child’s educational needs to the child’s social worker, make
written recommendations to the court, or attend the hearing and
participate in those portions of the hearing that concern the child’s
education.

(6) Nothing in this section in any way removes the obligation
to appoint surrogate parents for students with disabilities who are
without parental representation in special education procedures as
required by state and federal law, including Section 1415(b)(2) of
Title 20 of the United States Code, Section 56050 of the Education
Code, Section 7579.5 of the Government Code, and Rule 5.650
of the California Rules of Court.

(b) (1) Subdivision (a) does not limit the ability of a parent to
voluntarily relinquish his or her child to the State Department of
Social Services, to a county adoption agency, or to a licensed
private adoption agency at any time while the child is the subject
of a petition to declare him or her, or is, a dependent child of the
juvenile court, if the department, county adoption agency, or
licensed private adoption agency is willing to accept the
relinquishment.

(2) When accepting the relinquishment of a child described in
paragraph (1), the department or a county adoption agency shall
comply with Section 8700 of the Family Code and, within five
court days of accepting the relinquishment, shall file written notice
of that fact with the court and all parties to the case and their
counsel.

(3) When accepting the relinquishment of a child described in
paragraph (1), a licensed private adoption agency shall comply
with Section 8700 of the Family Code and, within five court days
of accepting the relinquishment, shall file with the court one
original and 10 copies of a request to approve the relinquishment.
The clerk of the court shall file the request under seal, subject to
examination only by the parties and their counsel or by others upon
court approval. If the request is accompanied by the written
agreement of all parties, the court may issue an ex parte order
approving the relinquishment. Unless approved pursuant to that
agreement, the court shall set the matter for hearing no later than
10 court days after filing, and shall provide notice of the hearing
to all parties and their counsel, and to the licensed private adoption
agency and its counsel. The licensed private adoption agency and
any prospective adoptive parent or parents named in the
relinquishment shall be permitted to attend the hearing and
participate as parties regarding the strictly limited issue of whether
the court should approve the relinquishment. The court shall issue
an order approving or denying the relinquishment within 10 court
days after the hearing.

(c) A dependent child may not be taken from the physical
custody of his or her parents or guardian or guardians with whom
the child resides at the time the petition was initiated, unless the
juvenile court finds clear and convincing evidence of any of the
following circumstances listed in paragraphs (1) to (5), inclusive,
and, in an Indian child custody proceeding, paragraph (6):

(1) There is or would be a substantial danger to the physical
health, safety, protection, or physical or emotional well-being of
the minor if the minor were returned home, and there are no
reasonable means by which the minor’s physical health can be
protected without removing the minor from the minor’s parent’s
or guardian’s physical custody. The fact that a minor has been
adjudicated a dependent child of the court pursuant to subdivision
(e) of Section 300 shall constitute prima facie evidence that the
minor cannot be safely left in the physical custody of the parent
or guardian with whom the minor resided at the time of injury.
The court shall consider, as a reasonable means to protect the
minor, the option of removing an offending parent or guardian
from the home. The court shall also consider, as a reasonable means
to protect the minor, allowing a nonoffending parent or guardian
to retain physical custody as long as that parent or guardian
presents a plan acceptable to the court demonstrating that he or
she will be able to protect the child from future harm.

(2) The parent or guardian of the minor is unwilling to have
physical custody of the minor, and the parent or guardian has been
notified that if the minor remains out of their physical custody for
the period specified in Section 366.26, the minor may be declared
permanently free from their custody and control.

(3) The minor is suffering severe emotional damage, as indicated
by extreme anxiety, depression, withdrawal, or untoward aggressive
behavior toward himself or herself or others, and there are no
reasonable means by which the minor’s emotional health may be
protected without removing the minor from the physical custody
of his or her parent or guardian.

(4) The minor or a sibling of the minor has been sexually abused,
or is deemed to be at substantial risk of being sexually abused, by
a parent, guardian, or member of his or her household, or other
person known to his or her parent, and there are no reasonable
means by which the minor can be protected from further sexual
abuse or a substantial risk of sexual abuse without removing the
minor from his or her parent or guardian, or the minor does not
wish to return to his or her parent or guardian.

(5) The minor has been left without any provision for his or her
support, or a parent who has been incarcerated or institutionalized
cannot arrange for the care of the minor, or a relative or other adult
custodian with whom the child has been left by the parent is
unwilling or unable to provide care or support for the child and
the whereabouts of the parent is unknown and reasonable efforts
to locate him or her have been unsuccessful.

(6) In an Indian child custody proceeding, continued custody
of the child by the parent or Indian custodian is likely to result in
serious emotional or physical damage to the child, and that finding
is supported by testimony of a “qualified expert witness” as
described in Section 224.6.

(A) Stipulation by the parent, Indian custodian, or the Indian
child’s tribe, or failure to object, may waive the requirement of
producing evidence of the likelihood of serious damage only if the
court is satisfied that the party has been fully advised of the
requirements of the federal Indian Child Welfare Act (25 U.S.C.
Sec. 1901 et seq.), and has knowingly, intelligently, and voluntarily
waived them.

(B) Failure to meet non-Indian family and child-rearing
community standards, or the existence of other behavior or
conditions that meet the removal standards of this section, will not
support an order for placement in the absence of the finding in this
paragraph.

(d) The court shall make a determination as to whether
reasonable efforts were made to prevent or to eliminate the need
for removal of the minor from his or her home or, if the minor is
removed for one of the reasons stated in paragraph (5) of
subdivision (c), whether it was reasonable under the circumstances
not to make any of those efforts, or, in the case of an Indian child
custody proceeding, whether active efforts as required in Section
361.7 were made and that these efforts have proved unsuccessful.
The court shall state the facts on which the decision to remove the
minor is based.

(e) The court shall make all of the findings required by
subdivision (a) of Section 366 in either of the following
circumstances:

(1) The minor has been taken from the custody of his or her
parent or guardian and has been living in an out-of-home placement
pursuant to Section 319.

(2) The minor has been living in a voluntary out-of-home
placement pursuant to Section 16507.4.

begin insert

begin insert SEC. 16.5. end insert   

end insert

begin insert Section 361 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

361.  

(a) (1) In all cases in which a minor is adjudged a
dependent child of the court on the ground that the minor is a
person described by Section 300, the court may limit the control
to be exercised over the dependent child by any parent or guardian
and shall by its order clearly and specifically set forth all those
limitations. Any limitation on the right of the parent or guardian
to make educational or developmental services decisions for the
child shall be specifically addressed in the court order. The
limitations may not exceed those necessary to protect the child. If
the court specifically limits the right of the parent or guardian to
make educational or developmental services decisions for the child,
or, for the nonminor dependent, if the court finds the appointment
of a developmental services decisionmaker to be in the best
interests of the nonminor dependent, the court shall at the same
time appoint a responsible adult to make educational or
developmental services decisions for the child or nonminor
dependent until one of the following occurs:

(A) The minor reaches 18 years of age, unless the child or
nonminor dependent chooses not to make educational or
developmental services decisions for himself or herself, or is
deemed by the court to be incompetent.

(B) Another responsible adult is appointed to make educational
or developmental services decisions for the minor pursuant to this
section.

(C) The right of the parent or guardian to make educational or
developmental services decisions for the minor is fully restored.

(D) A successor guardian or conservator is appointed.

(E) The child is placed into a planned permanent living
arrangement pursuant to paragraph (5) of subdivision (g) of Section
366.21, Section 366.22, Section 366.26, or subdivision (i) of
Section 366.3, at which time, for educational decisionmaking, the
foster parent, relative caretaker, or nonrelative extended family
member as defined in Section 362.7, has the right to represent the
child in educational matters pursuant to Section 56055 of the
Education Code, and for decisions relating to developmental
services, unless the court specifies otherwise, the foster parent,
relative caregiver, or nonrelative extended family member of the
planned permanent living arrangement has the right to represent
the child or nonminor dependent in matters related to
developmental services.

(2) An individual who would have a conflict of interest in
representing the child or nonminor dependent begin delete may end delete begin insert shall end insert not be
appointed to make educational or developmental services decisions.
For purposes of this section, “an individual who would have a
conflict of begin delete interest,” end delete begin insert interest end insert begin insert ” end insert means a person having any interests
that might restrict or bias his or her ability to make educational or
developmental services decisions, including, but not limited to,
those conflicts of interest prohibited by Section 1126 of the
Government Code, and the receipt of compensation or attorney’s
fees for the provision of services pursuant to this section. A foster
parent begin delete may end delete begin insert shall end insert not be deemed to have a conflict of interest solely
because he or she receives compensation for the provision of
services pursuant to this section.

(3) If the court limits the parent’s educational rights pursuant
to this subdivision, the court shall determine whether there is a
responsible adult who is a relative, nonrelative extended family
member, or other adult known to the child who is available and
willing to serve as the child’s educational representative before
appointing an educational representative or surrogate who is not
known to the child.

If the court cannot identify a responsible adult who is known to
the child and available to make educational decisions for the child,
subparagraphs (A) to (E), inclusive, of paragraph (1) do not apply,
and the child has either been referred to the local educational
agency for special education and related services, or has a valid
individualized education program, the court shall refer the child
to the local educational agency for appointment of a surrogate
parent pursuant to Section 7579.5 of the Government Code.

If the court cannot identify a responsible adult to make
educational decisions for the child, the appointment of a surrogate
parent as defined in subdivision (a) of Section 56050 of the
Education Code is not warranted, and there is no foster parent to
exercise the authority granted by Section 56055 of the Education
Code, the court may, with the input of any interested person, make
educational decisions for the child.

(4) If the court appoints a developmental services decisionmaker
pursuant to this section, he or she shall have the authority to access
the child’s or nonminor dependent’s information and records
pursuant to subdivision (u) of Section 4514 and subdivision (y) of
Section 5328, and to act on the child’s or nonminor dependent’s
behalf for the purposes of the individual program plan process
pursuant to Sections 4646, 4646.5, and 4648 and the fair hearing
process pursuant to Chapter 7 (commencing with Section 4700)
of Division 4.5, and as set forth in the court order.

If the court cannot identify a responsible adult to make
developmental services decisions for the child or nonminor
dependent, the court may, with the input of any interested person,
make developmental services decisions for the child or nonminor
dependent. If the child is receiving services from a regional center,
the provision of any developmental services related to the court’s
decision must be consistent with the child’s or nonminor
dependent’s individual program plan and pursuant to the provisions
of the Lanterman Developmental Disabilities Services Act
(Division 4.5 (commencing with Section 4500)).

(5) All educational and school placement decisions shall seek
to ensure that the child is in the least restrictive educational
programs and has access to the academic resources, services, and
extracurricular and enrichment activities that are available to all
pupils. In all instances, educational and school placement decisions
shall be based on the best interests of the child. If an educational
representative or surrogate is appointed for the child, the
representative or surrogate shall meet with the child, shall
investigate the child’s educational needs and whether those needs
are being met, and shall, prior to each review hearing held under
this article, provide information and recommendations concerning
the child’s educational needs to the child’s social worker, make
written recommendations to the court, or attend the hearing and
participate in those portions of the hearing that concern the child’s
education.

(6) Nothing in this section in any way removes the obligation
to appoint surrogate parents for students with disabilities who are
without parental representation in special education procedures as
required by state and federal law, including Section 1415(b)(2) of
Title 20 of the United States Code, Section 56050 of the Education
Code, Section 7579.5 of the Government Code, and Rule 5.650
of the California Rules of Court.

(b)  begin insert (1) end insert begin insert   end insert Subdivision (a) does not limit the ability of a parent to
voluntarily relinquish his or her child to the State Department of
Social Services begin delete or end delete begin insert , end insert to a county adoption begin insert agency, or to a licensed
private adoption end insert agency at any time while the child is begin insert the subject
of a petition to declare him or her, or is, end insert a dependent child of the
juvenile court, if the department begin delete or end delete begin insert , county adoption agency, or
licensed private adoption end insert agency is willing to accept the
relinquishment.

begin insert

(2) When accepting the relinquishment of a child described in
paragraph (1), the department or a county adoption agency shall
comply with Section 8700 of the Family Code and, within five court
days of accepting the relinquishment, shall file written notice of
that fact with the court and all parties to the case and their counsel.

end insert begin insert

(3) When accepting the relinquishment of a child described in
paragraph (1), a licensed private adoption agency shall comply
with Section 8700 of the Family Code and, within five court days
of accepting the relinquishment, shall file with the court one
original and 10 copies of a request to approve the relinquishment.
The clerk of the court shall file the request under seal, subject to
examination only by the parties and their counsel or by others
upon court approval. If the request is accompanied by the written
agreement of all parties, the court may issue an ex parte order
approving the relinquishment. Unless approved pursuant to that
agreement, the court shall set the matter for hearing no later than
10 court days after filing, and shall provide notice of the hearing
to all parties and their counsel, and to the licensed private adoption
agency and its counsel. The licensed private adoption agency and
any prospective adoptive parent or parents named in the
relinquishment shall be permitted to attend the hearing and
participate as parties regarding the strictly limited issue of whether
the court should approve the relinquishment. The court shall issue
an order approving or denying the relinquishment within 10 court
days after the hearing.

end insert

(c) A dependent child begin delete may end delete begin insert shall end insert not be taken from the physical
custody of his or her parents or guardian or guardians with whom
the child resides at the time the petition was initiated, unless the
juvenile court finds clear and convincing evidence of any of the
following circumstances listed in paragraphs (1) to (5), inclusive,
and, in an Indian child custody proceeding, paragraph (6):

(1) There is or would be a substantial danger to the physical
health, safety, protection, or physical or emotional well-being of
the minor if the minor were returned home, and there are no
reasonable means by which the minor’s physical health can be
protected without removing the minor from the minor’s parent’s
or guardian’s physical custody. The fact that a minor has been
adjudicated a dependent child of the court pursuant to subdivision
(e) of Section 300 shall constitute prima facie evidence that the
minor cannot be safely left in the physical custody of the parent
or guardian with whom the minor resided at the time of injury.
The court shall consider, as a reasonable means to protect the
minor, begin delete the option of removing an offending parent or guardian
from the home. The court shall also consider, as a reasonable means
to protect the minor, allowing a nonoffending parent or guardian
to retain physical custody as long as that parent or guardian
presents a plan acceptable to the court demonstrating that he or
she will be able to protect the child from future harm. end delete begin insert each of the
following: end insert

begin insert

(A) The option of removing an offending parent or guardian
from the home.

end insert begin insert

(B) Allowing a nonoffending parent or guardian to retain
physical custody as long as that parent or guardian presents a
plan acceptable to the court demonstrating that he or she will be
able to protect the child from future harm.

end insert

(2) The parent or guardian of the minor is unwilling to have
physical custody of the minor, and the parent or guardian has been
notified that if the minor remains out of their physical custody for
the period specified in Section 366.26, the minor may be declared
permanently free from their custody and control.

(3) The minor is suffering severe emotional damage, as indicated
by extreme anxiety, depression, withdrawal, or untoward aggressive
behavior toward himself or herself or others, and there are no
reasonable means by which the minor’s emotional health may be
protected without removing the minor from the physical custody
of his or her parent or guardian.

(4) The minor or a sibling of the minor has been sexually abused,
or is deemed to be at substantial risk of being sexually abused, by
a parent, guardian, or member of his or her household, or other
person known to his or her parent, and there are no reasonable
means by which the minor can be protected from further sexual
abuse or a substantial risk of sexual abuse without removing the
minor from his or her parent or guardian, or the minor does not
wish to return to his or her parent or guardian.

(5) The minor has been left without any provision for his or her
support, or a parent who has been incarcerated or institutionalized
cannot arrange for the care of the minor, or a relative or other adult
custodian with whom the child has been left by the parent is
unwilling or unable to provide care or support for the child and
the whereabouts of the parent is unknown and reasonable efforts
to locate him or her have been unsuccessful.

(6) In an Indian child custody proceeding, continued custody
of the child by the parent or Indian custodian is likely to result in
serious emotional or physical damage to the child, and that finding
is supported by testimony of a “qualified expert witness” as
described in Section 224.6.

(A) Stipulation by the parent, Indian custodian, or the Indian
child’s tribe, or failure to object, may waive the requirement of
producing evidence of the likelihood of serious damage only if the
court is satisfied that the party has been fully advised of the
requirements of the federal Indian Child Welfare Act (25 U.S.C.
Sec. 1901 et seq.), and has knowingly, intelligently, and voluntarily
waived them.

(B) Failure to meet non-Indian family and child-rearing
community standards, or the existence of other behavior or
conditions that meet the removal standards of this section, will not
support an order for placement in the absence of the finding in this
paragraph.

(d) The court shall make a determination as to whether
reasonable efforts were made to prevent or to eliminate the need
for removal of the minor from his or her home or, if the minor is
removed for one of the reasons stated in paragraph (5) of
subdivision (c), whether it was reasonable under the circumstances
not to make any of those efforts, or, in the case of an Indian child
custody proceeding, whether active efforts as required in Section
361.7 were made and that these efforts have proved unsuccessful.
The court shall state the facts on which the decision to remove the
minor is based.

(e) The court shall make all of the findings required by
subdivision (a) of Section 366 in either of the following
circumstances:

(1) The minor has been taken from the custody of his or her
parent or guardian and has been living in an out-of-home placement
pursuant to Section 319.

(2) The minor has been living in a voluntary out-of-home
placement pursuant to Section 16507.4.

begin insert

begin insert SEC. 17. end insert   

end insert begin insert

Section 16.5 of this bill incorporates amendments to
Section 361 of the Welfare and Institutions Code proposed by both
this bill and Senate Bill 977. It shall only become operative if (1)
both bills are enacted and become effective on or before January
1, 2015, (2) each bill amends Section 361 of the Welfare and
Institutions Code, and (3) this bill is enacted after Senate Bill 977,
in which case Section 16 of this bill shall not become operative.

end insert

begin delete SEC. 17. end delete
begin insert SEC. 18. end 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.