BILL NUMBER: SB 2157	AMENDED
	BILL TEXT

	AMENDED IN SENATE   APRIL 4, 2000
	AMENDED IN SENATE   MARCH 27, 2000

INTRODUCED BY   Senator Schiff
    (Coauthor:  Senator O'Connell) 
    (Coauthor:  Assembly Member Aroner) 

                        FEBRUARY 25, 2000

   An act to amend Sections 8714, 8714.5, 8714.7, and 8715 of the
Family Code, and to amend Section 358.1 of the Welfare and
Institutions Code, relating to adoption.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 2157, as amended, Schiff.  Postadoption contact agreements.
   Under existing law, when an adoption petition is granted and the
adopting parent is a relative of the child or a relative of the child'
s half-sibling, a written agreement, designated as a "kinship
adoption agreement," may be executed to permit continuing contact
between the birth relatives and the child, as specified.  Existing
law also requires the State Department of Social Services or licensed
adoption agency, whichever is a party to or joins in the petition
for adoption, to submit a report addressing the facts of an adoption
case; where there is a kinship adoption agreement, the report must
also address whether the kinship adoption agreement is in the best
interest of the child.  A licensed adoption agency includes licensed
county adoption agencies for purposes of these provisions.
   This bill would instead designate those agreements as
"postadoption contact agreements."  The bill would make these
provisions applicable where the child is a dependent child of the
juvenile court regardless of whether the adopting parent is a
relative of the child or a relative of the child's half-sibling.  The
bill would require that a postadoption contact agreement be attached
to and filed with the petition for adoption.  By authorizing
agreements in additional cases, the instances in which local adoption
agencies would be required to consider the effect of these
agreements in connection with the adoption reports would be
increased, thus creating a state-mandated local program.
   Existing law provides that a child may be adjudged a dependent
child of the juvenile court on the basis of abuse or neglect.  Before
determining the appropriate disposition of a dependent child,
existing law requires the court to receive in evidence a specified
social study that includes a discussion of, among other things,
whether the parent has been advised of his or her right to
participate in adoption planning.
   This bill would require the social study to also contain a
specified discussion regarding the parent's option to enter into a
postadoption contact agreement, thereby imposing new duties on local
personnel and creating a state-mandated local program.
   The bill would direct the Judicial Council to adopt specified
rules of court and forms by July 1, 2001, and direct the State
Department of Social Services to adopt specified regulations by July
1,  2002   2001  .
  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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   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 8714 of the Family Code is amended to read:
   8714.  (a) A person desiring to adopt a child may for that purpose
file a petition in the county in which the petitioner resides.
Where a child has been adjudged to be a dependent of the juvenile
court pursuant to Section 300 of the Welfare and Institutions Code,
and has thereafter been freed for adoption by the juvenile court, the
petition may be filed either in the county where the petitioner
resides or in the county where the child was freed for adoption.
   (b) The court clerk shall immediately notify the department in
Sacramento in writing of the pendency of the proceeding and of any
subsequent action taken.
   (c) If the petitioner has entered into a postadoption contact
agreement with the birth parent as set forth in Section 8714.7, the
agreement, signed by the participating parties, shall be attached to
and filed with the petition for adoption described in subdivision
(a).
   (d) The caption of the adoption petition shall contain the names
of the petitioners, but not the child's name.  The petition shall
state the child's sex and date of birth.  The name the child had
before adoption shall appear in the joinder signed by the licensed
adoption agency.
   (e) If the child is the subject of a guardianship petition, the
adoption petition shall so state and shall include the caption and
docket number or have attached a copy of the letters of the
guardianship or temporary guardianship.  The petitioners shall notify
the court of any petition for guardianship or temporary guardianship
filed after the adoption petition.  The guardianship proceeding
shall be consolidated with the adoption proceeding.
   (f) The order of adoption shall contain the child's adopted name,
but not the name the child had before adoption.
  SEC. 2.  Section 8714.5 of the Family Code is amended to read:
   8714.5.  (a) The Legislature finds and declares the following:
   (1) It is the intent of the Legislature to expedite legal
permanency for children who cannot return to their parents and to
remove barriers to adoption by relatives of children who are already
in the dependency system or who are at risk of entering the
dependency system.
   (2) This goal will be achieved by empowering families, including
extended families, to care for their own children safely and
permanently whenever possible, by preserving existing family
relationships, thereby causing the least amount of disruption to the
child and the family, and by recognizing the importance of sibling
and half-sibling relationships.
   (b) A relative desiring to adopt a child may for that purpose file
a petition in the county in which the petitioner resides.  Where a
child has been adjudged to be a dependent of the juvenile court
pursuant to Section 300 of the Welfare and Institutions Code, and
thereafter has been freed for adoption by the juvenile court, the
petition may be filed either in the county where the petitioner
resides or in the county where the child was freed for adoption.  For
purposes of this section, "relative" means an adult who is related
to the child or the child's half sibling by blood or affinity,
including all relatives whose status is preceded by the words "step,"
"great," "great-great," or "grand," or the spouse of any of these
persons, even if the marriage was terminated by death or dissolution.

   (c) Upon the filing of a petition for adoption by a relative, the
county clerk shall immediately notify the State Department of Social
Services in Sacramento in writing of the pendency of the proceeding
and of any subsequent action taken.
   (d) If the adopting relative has entered into a postadoption
contact agreement with the birth parent as set forth in Section
8714.7, the agreement, signed by the participating parties, shall be
attached to and filed with the adoption petition.
   (e) The caption of the adoption petition shall contain the name of
the relative petitioner.  The petition shall state the child's name,
sex, and date of birth.
   (f) If the child is the subject of a guardianship petition, the
adoption petition shall so state and shall include the caption and
docket number or have attached a copy of the letters of the
guardianship or temporary guardianship.  The petitioner shall notify
the court of any petition for adoption.  The guardianship proceeding
shall be consolidated with the adoption proceeding.
   (g) The order of adoption shall contain the child's adopted name
and, if requested by the adopting relative, or if requested by the
child who is 12 years of age or older, the name the child had before
adoption.
  SEC. 3.  Section 8714.7 of the Family Code is amended to read:
   8714.7.  (a) Nothing in the adoption laws of this state shall be
construed to prevent the adopting parent or parents, the birth
relatives, including the birth parent or parents, and the child from
entering into a written agreement to permit continuing contact
between the birth relatives, including the birth parent or parents,
and the child if the agreement is found by the court to be in the
best interest of the child at the time the adoption petition is
granted.  The terms of any postadoption contact agreement executed
under this section shall be limited to, but need not include, all of
the following:
   (1) Provisions for visitation between the child and a birth parent
or parents and other birth relatives, including siblings.
   (2) Provisions for future contact between a birth parent or
parents or other birth relatives, including siblings, or both, and
the child or an adoptive parent, or both.
   (3) Provisions for the sharing of information about the child in
the future.
   (b) At the time an adoption decree is entered pursuant to a
petition filed under Section 8714 or 8714.5, the court entering the
decree may grant postadoption privileges when an agreement for those
privileges has been entered into pursuant to subdivision (a).
   (c) This section is applicable only to the following agreements:
   (1) Postadoption contact agreements in which the adopting parent
is a relative of the child or a relative of the child's half-sibling
and the adoption petition is filed under Section 8714 or 8714.5.  For
purposes of this section, "relative" means an adult who is related
to the child or the child's half sibling by blood or affinity,
including all relatives whose status is preceded by the words "step,"
"great," "great-great," or "grand," or the spouse of any of these
persons, even if the marriage was terminated by death or dissolution.

   (2) Postadoption contact agreements in which the child is a
dependent child of the juvenile court who has been freed for
adoption, whether or not the adopting parent is a relative of the
child or a relative of the child's half-sibling.
   (d) The child who is the subject of the adoption petition shall be
considered a party to the postadoption contact agreement.  The
written consent to the terms and conditions of the postadoption
contact agreement and any subsequent modifications of the agreement
by a child who is 12 years of age and older is a necessary condition
to the granting of privileges regarding visitation, contact, or
sharing of information about the child, unless the court finds by a
preponderance of the evidence that the agreement, as written, is in
the best interest of the child.  Any child who has been found to come
within Section 300 of the Welfare and Institutions Code or who is
the subject of a petition for jurisdiction of the juvenile court
under Section 300 of the Welfare and Institutions Code shall be
represented by an attorney for purposes of consent to the
postadoption contact agreement.
   (e) A postadoption contact agreement shall contain the following
warnings in bold type:
   (1) After the adoption petition has been granted by the court, the
adoption cannot be set aside due to the failure of an adopting
parent, a birth parent, a birth relative, or the child to follow the
terms of this agreement or a later change to this agreement.
   (2) A disagreement between the parties or litigation brought to
enforce or modify the agreement shall not affect the validity of the
adoption and shall not serve as a basis for orders affecting the
custody of the child.
   (3) A court will not act on a petition to change or enforce this
agreement unless the petitioner has participated, or attempted to
participate, in good faith in mediation or other appropriate dispute
resolution proceedings to resolve the dispute.
   (f) Upon the granting of the adoption petition and the issuing of
the order of adoption of a child who is a dependent of the juvenile
court, juvenile court dependency jurisdiction shall be terminated.
Enforcement of the postadoption contact agreement shall be under the
continuing jurisdiction of the court granting the petition of
adoption.  The court may not order compliance with the agreement
absent a finding that the party seeking the enforcement participated,
or attempted to participate, in good faith in mediation or other
appropriate dispute resolution proceedings regarding the conflict,
prior to the filing of the enforcement action, and that the
enforcement is in the best interest of the child. Documentary
evidence or offers of proof may serve as the basis for the court's
decision regarding enforcement.  No testimony or evidentiary hearing
shall be required.  The court shall not order further investigation
or evaluation by any public or private agency or individual absent a
finding by clear and convincing evidence that the best interest of
the child may be protected or advanced only by that inquiry and that
the inquiry will not disturb the stability of the child's home to the
detriment of the child.
   (g) The court may not award monetary damages as a result of the
filing of the civil action pursuant to subdivision (f) of this
section.
   (h) A postadoption contact agreement may be modified or terminated
only if either of the following occurs:
   (1) All parties, including the child if the child is 12 years of
age or older at the time of the requested termination or
modification, have signed a modified postadoption contact agreement
and the agreement is filed with the court that granted the petition
of adoption.
   (2) The court finds all of the following:
   (A) The termination or modification is necessary to serve the best
interest of the child.
   (B) There has been a substantial change of circumstances since the
original agreement was executed and approved by the court.
   (C) The party seeking the termination or modification has
participated, or attempted to participate, in good faith in mediation
or other appropriate dispute resolution proceedings prior to seeking
court approval of the proposed termination or modification.
   Documentary evidence or offers of proof may serve as the basis for
the court's decision.  No testimony or evidentiary hearing shall be
required.  The court shall not order further investigation or
evaluation by any public or private agency or individual absent a
finding by clear and convincing evidence that the best interest of
the child may be protected or advanced only by an inquiry and that
the inquiry will not disturb the stability of the child's home to the
detriment of the child.
   (i) All costs and fees of mediation or other appropriate dispute
resolution proceedings shall be borne by each party, excluding the
child.  All costs and fees of litigation shall be borne by the party
filing the action to modify or enforce the agreement when no party
has been found by the court as failing to comply with an existing
postadoption contact agreement.  Otherwise, a party, other than the
child, found by the court as failing to comply without good cause
with an existing agreement shall bear all the costs and fees of
litigation.
   (j) By July 1, 2001, the Judicial Council shall adopt rules of
court and forms for motions to enforce, terminate, or modify
postadoption contact agreements.
   (k) The court shall not set aside a decree of adoption, rescind a
relinquishment, or modify an order to terminate parental rights or
any other prior court order because of the failure of a birth parent,
adoptive parent, birth relative, or the child to comply with any or
all of the original terms of, or subsequent modifications to, the
postadoption contact agreement.
  SEC. 4.  Section 8715 of the Family Code is amended to read:
   8715.  (a) The department or licensed adoption agency, whichever
is a party to or joins in the petition, shall submit a full report of
the facts of the case to the court.
   (b) If the child has been adjudged to be a dependent of the
juvenile court pursuant to Section 300 of the Welfare and
Institutions Code, and has thereafter been freed for adoption by the
juvenile court, the report required by this section shall describe
whether the requirements of subdivision (e) of Section 16002 of the
Welfare and Institutions Code have been completed and what, if any,
plan exists  forg   for facilitation of
postadoptive contact between the child who is the subject of the
adoption petition and his or her siblings and half-siblings.
   (c) Where a petition for adoption  by a relative 
has been filed with a postadoption contact agreement pursuant to
Section 8714.7, the report shall address whether the postadoption
contact agreement is in the best interest of the child who is the
subject of the petition.  The department may also submit a report in
those cases in which a licensed adoption agency is a party or joins
in the adoption petition.
  SEC. 5.  Section 358.1 of the Welfare and Institutions Code is
amended to read:
   358.1.  Each social study or evaluation made by a social worker or
child advocate appointed by the court, required to be received in
evidence pursuant to Section 358, shall include, but not be limited
to, a factual discussion of each of the following subjects:
   (a) Whether the county welfare department or social worker has
considered child protective services, as defined in Chapter 5
(commencing with Section 16500) of Part 4 of Division 9, as a
possible solution to the problems at hand, and has offered these
services to qualified parents if appropriate under the circumstances.

   (b) What plan, if any, for return of the child to his or her
parents and for achieving legal permanence for the child if efforts
to reunify fail, is recommended to the court by the county welfare
department or probation officer.
   (c) Whether the best interests of the child will be served by
granting reasonable visitation rights with the child to his or her
grandparents, in order to maintain and strengthen the child's family
relationships.
   (d) Whether the subject child appears to be a person who is
eligible to be considered for further court action to free the child
from parental custody and control.
   (e) Whether the parent has been advised of his or her option to
participate in adoption planning, including the option to enter into
a postadoption contact agreement as described in Section 8714.7 of
the Family Code, and to voluntarily relinquish the child for adoption
if an adoption agency is willing to accept the relinquishment.
   (f) The appropriateness of any relative placement pursuant to
Section 361.3; however, this consideration shall not be cause for
continuance of the dispositional hearing.
  SEC. 6.  The State Department of Social Services shall adopt
regulations as necessary to implement the provisions of this act no
later than July 1,  2002   2001  .
  SEC. 7.  Notwithstanding Section 17610 of the Government Code, 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.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.