BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2020|
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THIRD READING
Bill No: AB 2020
Author: Fletcher (R)
Amended: 8/3/10 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.
Senate Floor Amendments of 8/3/10 make several clarifying
and substantive changes. First, it removes a reference to
"voluntary adoption placement" that was deemed unnecessary
since all adoptions in that section are voluntary. Second,
these amendments would delete provisions pertaining to when
a child may be placed with prospective adoptive parents
over relatives, and replace it with provisions that more
clearly define what the Department of Social Services,
adoption agency, and court should consider in making such
placements. Finally, these amendments establish a
grievance procedure in the event that an agency acts
inappropriately when conducting a step-parent adoption
investigation. Specifically, the amendments state that the
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adoption agency shall assign the investigation to a
licensed clinical social worker or marriage and family
therapist associated with the agency. Any grievance
regarding the investigation would be directed at the
licensing authority of the licensed professional that
performed the investigation. These amendments would also
specify that the Department of Social Services would not be
required to issue regulations for step-parent adoptions.
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 may bring an action at any
time to determine that he is the father of a child having
no presumed father. Under existing law, a man who is not a
presumed father may bring an action to establish that he is
the natural father of a child having a presumed father if
the mother has relinquished for, or consents to, the
adoption of the child, and requires that he bring this
action within 30 days after (1) he is served with notice
that he is or could be the father or (2) the birth of the
child, whichever is later.
This bill deletes the latter provisions relating to the
time periods in which a man may bring an action to
establish paternity and instead provides that a man may
bring an action at any time to establish that he is the
father of a child, subject to a specified exception.
Existing law provides that if a mother consents to, or
relinquishes for, the adoption of a child, 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.
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 the identity or
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whereabouts of the alleged father is unknown, he has been
served with a written notice of his alleged paternity and
the potential adoption and has failed to respond, or 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, in which case the foster parent of the
child shall be considered along with all other prospective
adoptive parents, if certain criteria are met.
This bill makes these provisions applicable to children who
are being considered for voluntary adoption placement, and
specifies that a parent's refusal to place the child with
relatives or siblings is a sufficient basis for the
department or licensed adoption agency to determine that
the placement is not in the child's best interest, except
as provided include the birth parent's refusal to consider
a relative or sibling placement for the child as a
condition upon which the foster parent of the child shall
be considered for placement, if certain criteria are met.
Existing law, 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.
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
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investigator, licensed clinical social worker, licensed
marriage family therapist, or the county welfare department
is required to conduct an investigation.
This bill additionally includes a private licensed adoption
agency among the entities that are required to conduct the
investigation, and requires the adoption agency to assign
the investigation to a licensed clinical social worker or
licensed marriage and family therapist associated with the
agency. The bill also requires that any grievance regarding
the investigation be directed to the licensing authority of
the clinical social worker or marriage and family
therapist.
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. Under existing law,
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.
This bill provides that a proceeding to have a child who is
the subject of a guardianship declared free from the
custody and control of one or both parents may be brought
in the guardianship proceeding, in an adoption action, or
in a separate action filed for the purpose.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/4/10)
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.
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ASSEMBLY FLOOR :
AYES: Ammiano, Anderson, Arambula, Bass, Beall, Bill
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 8/4/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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