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