BILL ANALYSIS Ó AB 1701 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1701 (Patterson) As Amended August 22, 2014 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |78-0 |(May 15, 2014) |SENATE: |33-0 |(August 26, | | | | | | |2014) | ----------------------------------------------------------------- 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. AB 1701 Page 2 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 AB 1701 Page 3 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, AB 1701 Page 4 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 AB 1701 Page 5 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 FN: 0005401