BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 2020|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 2020
Author: Fletcher (R)
Amended: 6/3/10 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-0, 6/15/10
AYES: Corbett, Harman, Hancock, Leno, Walters
ASSEMBLY FLOOR : 72-0, 4/15/10 - See last page for vote
SUBJECT : Family Law
SOURCE : Academy of California Adoption Lawyers
DIGEST : This bill makes several changes to adoption
processes and adoptive placement considerations.
ANALYSIS : Every year, the Academy of California Adoption
Lawyers (ACAL) seeks to clarify or modify provisions in the
Family Code which they have identified as having either
technical errors or as being the basis for conflicting
court rulings that could potentially prolong the adoption
process. This bill is being sponsored by ACAL for this
specific purpose.
Existing law provides that a man is presumed to be a
child's father if, among other things: (a) he has signed a
declaration of paternity; (b) he was married to the child's
mother and the child was born within 300 days of the
marriage; (c) he attempted to marry the child's mother; or
CONTINUED
AB 2020
Page
2
(d) he holds the child out as his own. Existing law
requires that these presumptions be applied gender
neutrally. (Fam. Code Secs. 7611, 7650; Elisa B. V.
Superior Court (2005) 37 Cal.4th 108.)
Existing law provides that, for a child with a presumed
father, a child, the child's natural mother, or the
presumed father may bring an action to determine the
existence of a father-child relationship. Existing law
provides a separate process to determine the existence of a
father-child relationship for a child who does not have a
presumed father or whose presumed father is deceased.
(Fam. Code Secs. 7630-31.)
This bill provides that the same process be used to
determine the existence of a parent-child relationship,
regardless of whether the child has a presumed parent or
not, including the same time period for bringing the
action. This process does not apply if the conclusive
presumption of paternity for a child of a marriage exists.
Existing law provides that if a mother consents to the
adoption of a child, or relinquishes a child or adoption, a
petition to terminate the parental rights of the father is
required, subject to specified exceptions, and an action to
terminate the parental rights of the father shall be set
for a hearing. (Fam. Code Sec. 7667.)
This bill authorizes the court in an action to terminate
parental rights to dispense with a hearing and issue an ex
parte order terminating parental rights if: (1) the
identity or whereabouts of the alleged father is unknown;
(2) he has been served with a written notice of his alleged
paternity and the potential adoption and has failed to
respond; or (3) he has signed a waiver of his right to
notice or a denial of paternity.
Existing law provides that if a child is being considered
for adoption, the State Department of Social Services or
licensed adoption agency is required to first consider
adoptive placement in the home of a relative, unless it is
not in the child's best interest, or if other specified
conditions exist. Existing law exempts from this provision
a child who has been adjudged a dependent of the juvenile
AB 2020
Page
3
court, for which there are relative placement requirements
under the Welfare and Institutions Code. (Fam. Code Sec.
8710.)
This bill additionally exempts a child, who is the subject
of an agency adoption where the birth parent(s) have named
the prospective adoptive parent(s), from this requirement.
This bill provides that, except as required by the Indian
Child Welfare Act, the refusal of a birth parent to place
an adoptive child with relatives or siblings is a
sufficient basis for finding that such a placement in not
in the best interests of the child.
This bill provides that this provision should not be
construed to require a child who has been placed for
adoption to be removed from the adoptive home in order to
be placed with siblings or other relatives.
Existing law provides, if a parent is seeking to relinquish
a child or execute an adoption placement agreement, the
State Department of Social Services, licensed adoption
agency, or adoption service provider is required to ask the
child and the child's parent or custodian whether the child
is, or may be, a member of an Indian tribe. Existing law
provides that these entities are required to send a
specified notice and a request for confirmation of the
child's Indian status to any parent or custodian of the
child, and to any Indian tribe of which the child is, or
may be, a member. (Fam. Code Sec. 8620.)
This bill additionally includes an attorney for the
prospective adoptive parents among the entities that are
required to send this notice and request for confirmation
of a child's Indian status.
Existing law provides that in each case of stepparent
adoption, the probation officer, qualified court
investigator, licensed clinical social worker, licensed
marriage family therapist, or the county welfare department
is required to conduct an investigation. (Fam. Code Sec.
9001.)
AB 2020
Page
4
This bill additionally includes a licensed adoption agency
among the entities that are required to conduct the
investigation.
Existing law provides that a court may appoint a guardian
of the person or estate of a minor child if it appears
necessary or convenient, as specified. Existing law
provides that a proceeding to have the child declared free
from the custody and control of one or both parents may be
brought in the guardianship proceeding if specified
requirements are met, including a requirement that the
child have been in the physical custody of the guardian for
a period of not less than two years. (Prob. Code Sec.
1516.5.)
Existing law provides that a guardianship case is to be
consolidated with an adoption case if the same child is the
subject of each action. Existing law provides that the
consolidated case should be heard in the court where the
adoption is pending. (Prob. Code Sec. 1510.)
This bill provides that a proceeding to have a child who is
the subject of a guardianship declared free from the
custody or control of one or both parents may be brought
within the existing guardianship proceeding, in an adoption
action, or in a separate action filed for that purpose.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/17/10)
Academy of California Adoption Lawyers (source)
Family Law Section of the State Bar
ARGUMENTS IN SUPPORT : According to the author's office
and the sponsor, this bill seeks to address technical
issues that may cause families pursuing adoptions to spend
scarce resources on legal fees due to inconsistencies in
state court and statutory laws.
ASSEMBLY FLOOR :
AYES: Ammiano, Anderson, Arambula, Bass, Beall, Bill
AB 2020
Page
5
Berryhill, Tom Berryhill, Blakeslee, Blumenfield,
Bradford, Brownley, Buchanan, Caballero, Charles
Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De
La Torre, De Leon, Emmerson, Eng, Feuer, Fletcher, Fong,
Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,
Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Knight, Lieu, Logue, Bonnie
Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande,
Niello, Nielsen, Norby, V. Manuel Perez, Portantino,
Ruskin, Salas, Saldana, Silva, Skinner, Smyth, Solorio,
Audra Strickland, Swanson, Torlakson, Torres, Villines,
Yamada, John A. Perez
NO VOTE RECORDED: Adams, Block, DeVore, Evans, Jones,
Torrico, Tran, Vacancy
RJG:do 6/17/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****