BILL NUMBER: AB 2674	ENROLLED
	BILL TEXT

	PASSED THE ASSEMBLY  AUGUST 12, 2004
	PASSED THE SENATE  JUNE 24, 2004
	AMENDED IN SENATE  JUNE 22, 2004
	AMENDED IN SENATE  JUNE 3, 2004
	AMENDED IN ASSEMBLY  APRIL 1, 2004
	AMENDED IN ASSEMBLY  MARCH 24, 2004

INTRODUCED BY   Assembly Member Leno

                        FEBRUARY 20, 2004

   An act to amend Section 8700 of the Family Code, relating to
adoption.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2674, Leno.  Adoption:  relinquishment.
   Existing law prescribes the procedures for the relinquishment of a
child to the State Department of Social Services or a licensed
adoption agency for adoption, and requires the relinquishment to be
signed and acknowledged before specified persons.  Existing law
provides that a relinquishment is not final and binding until a
certified copy is filed with the State Department of Social Services.

   This bill would require a licensed adoption agency to send that
copy by certified mail, return receipt requested, or by overnight
courier or messenger, with proof of delivery, within a specified
timeframe.  The bill would make the relinquishment final within 10
business days after the filing is received by the State Department of
Social Services, unless a longer period of time is necessary, as
specified.
   This bill would make a related statement of legislative intent.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 8700 of the Family Code is amended to read:
   8700.  (a) Either birth parent may relinquish a child to the
department or a licensed adoption agency for adoption by a written
statement signed before two subscribing witnesses and acknowledged
before an authorized official of the department or 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 or a
licensed adoption agency, and the relinquishment is not subject to
revocation by reason of the minority.
   (c) If a relinquishing parent resides outside this state and the
child is being cared for and is or will be placed for adoption by the
department or a licensed adoption agency, the relinquishing parent
may relinquish the child to the department or agency by a written
statement signed by the relinquishing parent before a notary on a
form prescribed by the department, and previously signed by an
authorized official of the department or agency, that signifies the
willingness of the department or agency to accept the relinquishment.

   (d) If a relinquishing parent and child reside outside this state
and the child will be cared for and will be placed for adoption by
the department or a licensed adoption agency, the relinquishing
parent may relinquish the child to the department or agency by a
written statement signed by the relinquishing parent, after that
parent has satisfied the following requirements:
   (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 or agency, that signifies the willingness
of the department or agency to accept the relinquishment.
   (e) The relinquishment authorized by this section has no effect
until a certified copy is sent to, and filed with, the department.
The 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 relinquishment
shall be final within 10 business days after receipt of the filing by
the department, unless a longer period of time is necessary due to a
pending court action or some other cause beyond the control of the
department.  After the relinquishment is filed and final, it may be
rescinded only by the mutual consent of the department 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 or licensed adoption
agency.
   (g) Notwithstanding subdivision (e), if the relinquishment names
the person or persons with whom placement by the department 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 or
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 or licensed adoption agency shall
rescind the relinquishment.
   (2) If the relinquishing parent does not request rescission during
the 30-day period, the department or licensed adoption agency shall
select adoptive parents for the child.
   (3) If the relinquishing parent and the department or licensed
adoption agency wish to identify a different person or persons during
the 30-day period with whom the child is intended to be placed, the
initial relinquishment shall be rescinded and a new relinquishment
identifying the person or persons completed.
   (i) If the parent has relinquished a child, who has been found to
come within Section 300 of the Welfare and Institutions Code or is
the subject of a petition for jurisdiction of the juvenile court
under Section 300 of the Welfare and Institutions Code, to the
department or a licensed adoption agency for the purpose of adoption,
the department or agency accepting the relinquishment shall provide
written notice of the relinquishment within five court days to all of
the following:
   (1) The juvenile court having jurisdiction of the child.
   (2) The child's attorney, if any.
   (3) The relinquishing parent's attorney, if any.
   (j) The filing of the relinquishment with the department
terminates all parental rights and responsibilities with regard to
the child, except as provided in subdivisions (g) and (h).
   (k) The department shall adopt regulations to administer the
provisions of this section.
  SEC. 2.  It is the Legislature's intent, in enacting this act, to
ensure that the process for the relinquishment for adoption of a
child to the State Department of Social Services or a licensed
adoption agency is expedited to the greatest extent possible while
also ensuring that the interests of all parties are considered,
especially the interests of the child.