BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1701
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 1701 (Patterson)
          As Amended August 22, 2014
          Majority vote 
           
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          |ASSEMBLY:  |78-0 |(May 15, 2014)  |SENATE: |33-0 |(August 26,    |
          |           |     |                |        |     |2014)          |
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           Original Committee Reference:    JUD.  

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

          1)Provides that a person who gives consent for his or her spouse  
            to adopt a child has no parental rights or responsibilities,  
            unless that person has consented to adopt the child in a  
            writing filed with the court.  Provides that the court cannot  
            name such a consenting spouse as an adoptive parent on the  
            final adoption decree unless that parent has filed with the  
            court his or her written consent to be an adoptive parent.   
            Allows a court to dispense with the consent of a spouse who  
            cannot be located or lacks capacity, and such spouse cannot be  
            named as an adoptive parent.

          2)If it is impossible or impractical for prospective adoptive  
            parents to appear in court, allows the court to either waive  
            their appearance or allow them to appear by phone,  
            videoconference, or other electronic means that the court  
            deems reasonable, prudent and reliable.

          3)In a proceeding to terminate parental rights as part of an  
            adoption proceeding or to allow a child to be free of parental  
            custody and control, allows a single petition to terminate  
            parental rights with respect to two or more biological  
            siblings or to terminate parental rights of two or more  
            alleged fathers.  Allows the court to bifurcate any such cases  
            and requires the court to bifurcate any case if necessary to  
            protect the interests of the child or any party.

          4)Provides that, in an independent adoption, if a birth parent  
            does not provide consent for the adoption, as provided, or  
            revokes consent for the adoption, the child shall be returned  
            to that birth parent, unless the court orders otherwise.








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          5)If prospective adoptive parents have a pre-placement  
            evaluation or homestudy, as defined, provides that the  
            Department of Social Services (DSS) or delegated county  
            adoption agency is not required to reinvestigate any matters  
            covered by that study, unless new information or new events  
            create a reasonable belief that further investigation is  
            necessary, except that the department must complete all  
            background clearances required by law.

          6)Requires prospective adoptive parents petitioning for an  
            independent adoption to send a copy of the petition to DSS or  
            the delegated county adoption agency within five business days  
            of filing the petition, along with a copy of any pre-placement  
            evaluation or homestudy.

          7)Requires DSS or the delegated county adoption agency to  
            interview perspective adoptive parents within 45 days of  
            receiving 50% of the investigation fee and the adoption  
            petition.

          8)Clarifies that, among others, mothers and presumed parents may  
            bring an action to establish parentage.
          9)Expands the list of those who must be joined in an action to  
            determine parentage to include any person that the mother has  
            designated as a prospective adoptive parent, as provided, and  
            any licensed adoption agency to which the mother proposes to  
            relinquish the child.

          10)   Clarifies that a minor birth parent's right to consent to  
            an adoption is not subject to revocation because the minor's  
            parent or guardian did not receive notice of the minor's  
            consent, unless the minor signed an authorization for release  
            of information to allow the parent or guardian to receive such  
            notice.

          11)   Clarifies that custody actions, as well as guardianship  
            proceedings are stayed, upon the filing of an action to  
            terminate parental rights under the Family Code, but that  
            actions regarding domestic violence and juvenile dependency  
            may proceed.

          12)   Allows a licensed private adoption agency or prospective  
            adoptive parents or a hospital, with whom a child has been  
            left by the birth mother and there is no presumed father, to  








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            petition the court for temporary custody of the child.  Allows  
            the court to issue a temporary custody order placing the child  
            with the adoption agency or prospective adoptive parents, but  
            requires that the adoption agency or prospective adoptive  
            parents keep the court informed of the child's residence and  
            not remove the child from the state.  The order may be  
            effective for no longer than six months, and may be voided  
            upon the request of the birth mother, unless the court orders  
            otherwise.  

          13)   Provides specified rules that DSS or the delegated county  
            adoption agency or that the independent adoption agency must  
            comply with when a parent relinquishes his or her child, who  
            is a dependent of the juvenile court or who has been  
            petitioned to be such a dependent.

          14)   Makes other technical changes.

           The Senate amendments  :

          1)Narrow this bill by deleting provisions:  a) allowing a parent  
            to place a child for independent adoption in California  
            pursuant to the laws of the state or territory where that  
            parent resides; and b) allowing an independent adoption agency  
            to timely complete the homestudy investigation if DSS is  
            unable to complete it timely.

          2)Allow the court to dispense with notice of adoption for a  
            spouse who cannot be located or who lacks capacity.

          3)Require half of the adoption investigation fee to be paid  
            before DSS or the county adoption agency must interview the  
            prospective adoptive parents.

          4)Provide the specified rules after relinquishment of a  
            dependent child for adoption.

          5)Add chaptering out language for SB 977 (Liu) of the current  
            legislative session.
           
          EXISTING LAW  : 

          1)Allows for agency and independent adoptions of children.  

          2)Provides that a married person, who is not legally separated,  








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            may not adopt a child without the consent of his or her  
            spouse, provided the spouse is capable of giving consent.  

          3)Allows a court, if it is impossible or impractical for  
            prospective adoptive parents to appear in court, to waive  
            their personal appearance if the circumstances are established  
            by clear and convincing evidence.  

          4)Establishes a procedure to declare a child free from parental  
            custody and control.  

          5)Establishes a procedure to terminate parental rights in  
            adoption proceedings.  

          6)Allows a parent who resides outside of California to  
            relinquish a child for agency adoption pursuant to the laws of  
            the parent's state of residence and thus consent from that  
            parent is not required for the adoption.  

          7)Provides that if a birth parent does not provide consent for  
            an independent adoption as provided or revokes consent for the  
            adoption, the court shall order that the child be returned to  
            that birth parent.  

          8)Requires DSS or delegated county adoption agency, within 180  
            days after receiving payment, to investigate any proposed  
            independent adoption and submit to the court a report, along  
            with a recommendation on whether to grant the adoption.  

          9)Requires prospective adoptive parents petitioning for an  
            independent adoption to file a copy of the petition with DSS  
            or the delegated county adoption agency at the same time the  
            petition is filed in court.  

          10)   Allows a birth parent who is a minor to consent to an  
            adoption and provides that the consent is not subject to  
            revocation by reason of minority.  

          11)   Allows, among others, a natural and a presumed parent to  
            bring an action to establish parentage.  Requires that a  
            prospective adoptive parent with physical custody of the child  
            and the licensed adoption agency with legal custody of the  
            child be joined as parties to that action.  

          12)   Provides that custody actions are stayed upon the filing  








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            of an action to terminate parental rights under the Family  
            Code, but that domestic violence actions may proceed.  

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.

           COMMENTS  :  This is the Academy of California Adoption Lawyers'  
          annual adoption bill.  According to the author, this bill is  
          necessary to resolve technical issues and other more substantive  
          issues in order to streamline adoption procedures.  The author  
          writes:

               Adoption law is a blend of statutes, regulations, case  
               law, and local practices.  When statutory language is  
               vague or confusing, or when local courts apply  
               different interpretations of the law, this can and  
               does result in unequal treatment for similarly  
               situated adoptive families.  The changes proposed in  
               this bill are intended to clarify existing statutory  
               law and adoption consent procedures, codify existing  
               case law, and simplify existing local procedures for  
               filing of cases.

           
          Analysis Prepared by  :    Leora Gershenzon / JUD. / (916)  
          319-2334 


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