8700-8720
FAMILY.CODE
SECTION 8700-8720
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) (1) 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 agency
shall inform the birth parent that during this time period he or she
may request that the relinquishment be withdrawn and that, if he or
she makes the request, the relinquishment shall be withdrawn. The
relinquishment shall be final 10 business days after receipt of the
filing by the department, unless any of the following apply:
(A) The department sends written acknowledgment of receipt of the
relinquishment prior to the expiration of that 10-day period, at
which time the relinquishment shall be final.
(B) A longer period of time is necessary due to a pending court
action or some other cause beyond control of the department.
(2) After the relinquishment is 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.
8701. At or before the time a relinquishment is signed, the
department or licensed adoption agency shall advise the birth parent
signing the relinquishment, verbally and in writing, that the birth
parent may, at any time in the future, request from the department or
agency all known information about the status of the child's
adoption, except for personal, identifying information about the
adoptive family. The birth parent shall be advised that this
information includes, but is not limited to, all of the following:
(a) Whether the child has been placed for adoption.
(b) The approximate date that an adoption was completed.
(c) If the adoption was not completed or was vacated, for any
reason, whether adoptive placement of the child is again being
considered.
8702. (a) The department shall adopt a statement to be presented to
the birth parents at the time a relinquishment is signed and to
prospective adoptive parents at the time of the home study. The
statement shall, in a clear and concise manner and in words
calculated to ensure the confidence of the birth parents in the
integrity of the adoption process, communicate to the birth parents
of a child who is the subject of an adoption petition all of the
following facts:
(1) It is in the child's best interest that the birth parent keep
the department or licensed adoption agency to whom the child was
relinquished for adoption informed of any health problems that the
parent develops that could affect the child.
(2) It is extremely important that the birth parent keep an
address current with the department or licensed adoption agency to
whom the child was relinquished for adoption in order to permit a
response to inquiries concerning medical or social history.
(3) Section 9203 of the Family Code authorizes a person who has
been adopted and who attains the age of 21 years to request the
department or the licensed adoption agency to disclose the name and
address of the adoptee's birth parents. Consequently, it is of the
utmost importance that the birth parent indicate whether to allow
this disclosure by checking the appropriate box provided on the form.
(4) The birth parent may change the decision whether to permit
disclosure of the birth parent's name and address, at any time, by
sending a notarized letter to that effect, by certified mail, return
receipt requested, to the department or to the licensed adoption
agency that joined in the adoption petition.
(5) The relinquishment will be filed in the office of the clerk of
the court in which the adoption takes place. The file is not open to
inspection by any persons other than the parties to the adoption
proceeding, their attorneys, and the department, except upon order of
a judge of the superior court.
(b) The department shall adopt a form to be signed by the birth
parents at the time the relinquishment is signed, which shall provide
as follows:
"Section 9203 of the Family Code authorizes a person who has been
adopted and who attains the age of 21 years to make a request to the
State Department of Social Services, or the licensed adoption agency
that joined in the adoption petition, for the name and address of the
adoptee's birth parents. Indicate by checking one of the boxes below
whether or not you wish your name and address to be disclosed:
/_/ YES
/_/ NO
/_/ UNCERTAIN AT THIS TIME; WILL NOTIFY
AGENCY AT LATER DATE."
8703. When the parental rights of a birth parent are terminated
pursuant to Chapter 5 (commencing with Section 7660) of Part 3 of
Division 12 or Part 4 (commencing with Section 7800) of Division 12,
or pursuant to Section 366.25 or 366.26 of the Welfare and
Institutions Code, the department or licensed adoption agency
responsible for the adoptive placement of the child shall send a
written notice to the birth parent, if the birth parent's address is
known, that contains the following statement:
(a) "You are encouraged to keep the department or this agency
informed of your current address in order to permit a response to any
inquiry concerning medical or social history made by or on behalf of
the child who was the subject of the court action terminating
parental rights.
(b) Section 9203 of the Family Code authorizes a person who has
been adopted and who attains the age of 21 years to make a request to
the State Department of Social Services, or the licensed adoption
agency, that joined in the adoption petition, for the name and
address of the adoptee's birth parents. Indicate by checking one of
the boxes below whether or not you wish your name and address to be
disclosed:
( ) YES
( ) NO
( ) UNCERTAIN AT THIS TIME; WILL NOTIFY AGENCY AT LATER DATE"
8704. (a) The department or licensed adoption agency to which a
child has been freed for adoption by either relinquishment or
termination of parental rights is responsible for the care of the
child, and is entitled to the exclusive custody and control of the
child until an order of adoption is granted. Any placement for
temporary care, or for adoption, made by the department or a licensed
adoption agency may be terminated in its discretion at any time
before the granting of an order of adoption. In the event of
termination of any placement for temporary care or for adoption, the
child shall be returned promptly to the physical custody of the
department or licensed adoption agency.
(b) No petition may be filed to adopt a child relinquished to the
department or a licensed adoption agency or a child declared free
from the custody and control of either or both birth parents and
referred to the department or a licensed adoption agency for adoptive
placement, except by the prospective adoptive parents with whom the
child has been placed for adoption by the department or licensed
adoption agency. After the adoption petition has been filed, the
department or licensed adoption agency may remove the child from the
prospective adoptive parents only with the approval of the court,
upon motion by the department or licensed adoption agency after
notice to the prospective adoptive parents, supported by an affidavit
or affidavits stating the grounds on which removal is sought. If the
department or licensed adoption agency refuses to consent to the
adoption of a child by the person or persons with whom the department
or licensed adoption agency placed the child for adoption, the court
may nevertheless order the adoption if it finds that the refusal to
consent is not in the child's best interest.
8705. (a) Where a child is in the custody of a public agency or
licensed adoption agency, if it is established that the persons whose
consent to the adoption is required by law are deceased, an action
may be brought by the department or a licensed adoption agency
requesting the court to make an order establishing that the
requesting agency has the right to custody and control of the child
and the authority to place the child for adoption. The department or
agency bringing the action shall give notice in the form prescribed
by the court to all known relatives of the child up to and including
the third degree of lineal or collateral consanguinity.
(b) This section does not apply where a guardian of the person of
the child has been appointed pursuant to nomination by a will.
8706. (a) An agency may not place a child for adoption unless a
written report on the child's medical background and, if available,
the medical background of the child's biological parents so far as
ascertainable, has been submitted to the prospective adoptive parents
and they have acknowledged in writing the receipt of the report.
(b) The report on the child's background shall contain all known
diagnostic information, including current medical reports on the
child, psychological evaluations, and scholastic information, as well
as all known information regarding the child's developmental history
and family life.
(c) (1) The biological parents may provide a blood sample at a
clinic or hospital approved by the State Department of Health
Services. The biological parents' failure to provide a blood sample
shall not affect the adoption of the child.
(2) The blood sample shall be stored at a laboratory under
contract with the State Department of Health Services for a period of
30 years following the adoption of the child.
(3) The purpose of the stored sample of blood is to provide a
blood sample from which DNA testing can be done at a later date after
entry of the order of adoption at the request of the adoptive
parents or the adopted child. The cost of drawing and storing the
blood samples shall be paid for by a separate fee in addition to the
fee required under Section 8716. The amount of this additional fee
shall be based on the cost of drawing and storing the blood samples
but at no time shall the additional fee be more than one hundred
dollars ($100).
(d) (1) The blood sample shall be stored and released in such a
manner as to not identify any party to the adoption.
(2) Any results of the DNA testing shall be stored and released in
such a manner as to not identify any party to the adoption.
8707. (a) The department shall establish a statewide photo-listing
service to serve all licensed adoption agencies in the state as a
means of recruiting adoptive families. The department shall adopt
regulations governing the operations of the photo-listing service and
shall establish procedures for monitoring compliance with this
section.
(b) The photo-listing service shall maintain child specific
information that, except as provided in this section, contains a
photograph and description of each child who has been legally freed
for adoption and whose case plan goal is adoption. Registration of
children with the photo-listing service and notification by the
licensed adoption agency of changes in a child's photo-listing status
shall be reflected in the photo-listing service within 30 working
days of receipt of the registration or notification.
(c) The photo-listing service shall be provided to all licensed
adoption agencies, adoption support groups, and state, regional, and
national photo-listings and exchanges requesting copies of the
photo-listing service.
(d) All children legally freed for adoption whose case plan goal
is adoption shall be photo-listed, unless deferred as provided in
subdivision (e) or (f). Licensed adoption agencies shall send a
recent photograph and description of each legally freed child to the
photo-listing service within 15 working days of the time a child is
legally freed for adoption. When adoption has become the case plan
goal for a particular child, the licensed adoption agency may
photo-list that child before the child becomes legally freed for
adoption.
(e) A child shall be deferred from the photo-listing service when
the child's foster parents or other identified individuals who have
applied to adopt the child are meeting the licensed adoption agency's
requests for required documentation and are cooperating in the
completion of a home study being conducted by the agency.
(f) A child who is 12 years old or older may be deferred from the
photo-listing service if the child does not consent to being adopted.
(g) Within 15 working days following a one-year period in which a
child is listed in the photo-listing service, the licensed adoption
agency shall submit a revised description and photograph of the
child.
(h) Licensed adoption agencies shall notify the photo-listing
service, by telephone, of any adoptive placements or of significant
changes in a child's photo-listing status within two working days of
the change.
(i) The department shall establish procedures for semiannual
review of the photo-listing status of all legally freed children
whose case plan goal is adoption, including those who are registered
with the photo-listing service and those whose registration has been
deferred.
8708. (a) Neither the department nor a licensed adoption agency to
which a child has been freed for adoption by either relinquishment or
termination of parental rights may do any of the following:
(1) Deny to any person the opportunity to become an adoptive
parent on the basis of the race, color, or national origin of the
person or the child involved.
(2) Delay or deny the placement of a child for adoption on the
basis of the race, color, or national origin of the adoptive parent
or the child involved.
(3) Delay or deny the placement of a child for adoption solely
because the prospective, approved adoptive family resides outside the
jurisdiction of the department or the licensed adoption agency. For
purposes of this paragraph, an approved adoptive family means a
family approved pursuant to the California adoptive applicant
assessment standards. If the adoptive applicant assessment was
conducted in another state according to that state's standards, the
California placing agency shall determine whether the standards of
the other state substantially meet the standards and criteria
established in California adoption regulations.
(b) This section shall not be construed to affect the application
of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 and following).
8709. (a) The department or licensed adoption agency to which a
child has been freed for adoption by either relinquishment or
termination of parental rights may consider the child's religious
background in determining an appropriate placement.
(b) This section shall not be construed to affect the application
of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 and following).
8710. (a) If a child is being considered for adoption, the
department or licensed adoption agency shall first consider adoptive
placement in the home of a relative or, in the case of an Indian
child, according to the placement preferences and standards set out
in subdivisions (c), (d), (e), (f), (g), (h), and (i) of Section
361.31 of the Welfare and Institutions Code. However, if the birth
parent refuses to consider a relative or sibling placement, if a
relative is not available, if placement with an available relative is
not in the child's best interest, or if placement would permanently
separate the child from other siblings who are being considered for
adoption or who are in foster care and an alternative placement would
not require the permanent separation, the foster parent or parents
of the child shall be considered with respect to the child along with
all other prospective adoptive parents where all of the following
conditions are present:
(1) The child has been in foster care with the foster parent or
parents for a period of more than four months.
(2) The child has substantial emotional ties to the foster parent
or parents.
(3) The child's removal from the foster home would be seriously
detrimental to the child's well-being.
(4) The foster parent or parents have made a written request to be
considered to adopt the child.
(b) In the case of an Indian child whose foster parent or parents
or other prospective adoptive parents do not fall within the
placement preferences established in subdivision (c) or (d) of
Section 361.31 of the Welfare and Institutions Code, the foster
parent or parents or other prospective adoptive parents shall only be
considered if the court finds, supported by clear and convincing
evidence, that good cause exists to deviate from these placement
preferences.
(c) This section does not apply to a child who has been adjudged a
dependent of the juvenile court pursuant to Section 300 of the
Welfare and Institutions Code.
(d) Upon a request to move a child from a prospective adoptive
home for the purpose of placement with siblings or other relatives,
the court shall consider the best interests of the child.
8710.1. If there is not an adoptive placement plan for a child with
an approved adoptive family, as defined in subdivision (c) of
Section 8708, within the department's or the licensed adoption agency'
s jurisdiction, then the department or licensed adoption agency shall
register the child with the exchange system described in Section
8710.2.
8710.2. In order to preclude the delays or denials described in
subdivision (c) of Section 8708, the department shall establish a
statewide exchange system that interjurisdictionally matches waiting
children and approved adoptive families. The department may create a
new statewide exchange system, modify an existing statewide exchange
system, such as the photo-listing service described in Section 8707,
or designate an existing exchange system, such as the Adoption
Exchange Enhancement Program, as the statewide exchange system for
purposes of this section.
8710.3. If the department or licensed adoption agency has approved
a family for adoption pursuant to subdivision (c) of Section 8708 and
that family may be appropriate for placement of a child who has been
adjudged a dependent child of the juvenile court, the department or
agency shall register the family with the statewide exchange system
established pursuant to Section 8710.2, except in either of the
following circumstances:
(a) The family refuses to consent to the registration.
(b) A specific child or children have already been identified for
adoptive placement with the family.
8710.4. (a) The department shall ensure that information regarding
families and children registered with the statewide exchange system
described in Section 8710.2 is accessible by licensed adoption agency
personnel throughout the state. Provision shall be made for secure
Internet, telephone, and facsimile access by authorized licensed
adoption agency personnel.
(b) Information regarding children maintained by the statewide
exchange system described in Section 8710.2 shall be confidential and
shall not be disclosed to any parties other than authorized adoption
agency personnel, except when consent to disclosure has been
received in writing from the birth parents or the court that has
jurisdiction.
8711. Sections 8708 to 8710.4, inclusive, apply only in determining
the placement of a child who has been relinquished for adoption or
has been declared free from the custody and control of the birth
parents.
8711.5. The department shall adopt regulations to administer the
provisions of Sections 8708 to 8711, inclusive.
8712. (a) The department or licensed adoption agency shall require
each person filing an application for adoption to be fingerprinted
and shall secure from an appropriate law enforcement agency any
criminal record of that person to determine whether the person has
ever been convicted of a crime other than a minor traffic violation.
The department or a licensed adoption agency may also secure the
person's full criminal record, if any. Any federal-level criminal
offender record requests to the Department of Justice shall be
submitted with fingerprint images and related information required by
the Department of Justice for the purposes of obtaining information
as to the existence and content of a record of an out-of-state or
federal conviction or arrest of a person or information regarding any
out-of-state or federal crimes or arrests for which the Department
of Justice establishes that the person is free on bail, or on his or
her own recognizance pending trial or appeal. The Department of
Justice shall forward to the Federal Bureau of Investigation any
requests for federal summary criminal history information received
pursuant to this section. The Department of Justice shall review the
information returned from the Federal Bureau of Investigation and
shall compile and disseminate a response to the department or a
licensed adoption agency.
(b) Notwithstanding subdivision (c), the criminal record, if any,
shall be taken into consideration when evaluating the prospective
adoptive parent, and an assessment of the effects of any criminal
history on the ability of the prospective adoptive parent to provide
adequate and proper care and guidance to the child shall be included
in the report to the court.
(c) (1) Under no circumstances shall the department or a licensed
adoption agency give final approval for an adoptive placement in any
home where the prospective adoptive parent or any adult living in the
prospective adoptive home has either of the following:
(A) A felony conviction for child abuse or neglect, spousal abuse,
crimes against a child, including child pornography, or for a crime
involving violence, including rape, sexual assault, or homicide, but
not including other physical assault and battery. For purposes of
this subdivision, crimes involving violence means those violent
crimes contained in clause (i) of subparagraph (A), and subparagraph
(B), of paragraph (1) of subdivision (g) of Section 1522 of the
Health and Safety Code.
(B) A felony conviction that occurred within the last five years
for physical assault, battery, or a drug- or alcohol-related offense.
(2) This subdivision shall become operative on October 1, 2008,
and shall remain operative only to the extent that compliance with
its provisions is required by federal law as a condition of receiving
funding under Title IV-E of the federal Social Security Act (42
U.S.C. 670 and following).
(d) Any fee charged by a law enforcement agency for fingerprinting
or for checking or obtaining the criminal record of the applicant
shall be paid by the applicant. The department or licensed adoption
agency may defer, waive, or reduce the fee when its payment would
cause economic hardship to prospective adoptive parents detrimental
to the welfare of the adopted child, when the child has been in the
foster care of the prospective adoptive parents for at least one
year, or if necessary for the placement of a special-needs child.
8713. (a) In no event may a child who has been freed for adoption
be removed from the county in which the child was placed, by any
person who has not petitioned to adopt the child, without first
obtaining the written consent of the department or licensed adoption
agency responsible for the child.
(b) During the pendency of an adoption proceeding:
(1) The child proposed to be adopted may not be concealed within
the county in which the adoption proceeding is pending.
(2) The child may not be removed from the county in which the
adoption proceeding is pending unless the petitioners or other
interested persons first obtain permission for the removal from the
court, after giving advance written notice of intent to obtain the
court's permission to the department or licensed adoption agency
responsible for the child. Upon proof of giving notice, permission
may be granted by the court if, within a period of 15 days after the
date of giving notice, no objections are filed with the court by the
department or licensed adoption agency responsible for the child. If
the department or licensed adoption agency files objections within
the 15-day period, upon the request of the petitioners the court
shall immediately set the matter for hearing and give to the
objector, the petitioners, and the party or parties requesting
permission for the removal reasonable notice of the hearing by
certified mail, return receipt requested, to the address of each as
shown in the records of the adoption proceeding. Upon a finding that
the objections are without good cause, the court may grant the
requested permission for removal of the child, subject to any
limitations that appear to be in the child's best interest.
(c) This section does not apply in any of the following
situations:
(1) Where the child is absent for a period of not more than 30
days from the county in which the adoption proceeding is pending,
unless a notice of recommendation of denial of petition has been
personally served on the petitioners or the court has issued an order
prohibiting the child's removal from the county pending
consideration of any of the following:
(A) The suitability of the petitioners.
(B) The care provided the child.
(C) The availability of the legally required agency consents to
the adoption.
(2) Where the child has been returned to and remains in the
custody and control of the child's birth parent or parents.
(3) Where written consent for the removal of the child is obtained
from the department or licensed adoption agency responsible for the
child.
(d) A violation of this section is a violation of Section 280 of
the Penal Code.
(e) Neither this section nor Section 280 of the Penal Code may be
construed to render lawful any act that is unlawful under any other
applicable law.
8714. (a) A person desiring to adopt a child may for that purpose
file a petition in the county in which the petitioner resides or, if
the petitioner is not a resident of this state, in the county in
which the birth parent or birth parents resided when the
relinquishment of parental rights for the purpose of adoption was
signed. 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 at
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 8616.5, the
agreement, signed by the participating parties, shall be attached to
and filed with the petition for adoption under 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.
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.
(c) Upon the filing of a petition for adoption by a relative, the
clerk of the court 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
8616.5 the agreement, signed by the participating parties, shall be
attached to and filed with the petition for adoption under
subdivision (b).
(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, and the
consolidated case shall be heard and decided in the court in which
the adoption is pending.
(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.
(h) 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.
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 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) If a petition for adoption has been filed with a postadoption
contact agreement pursuant to Section 8616.5, the report shall
address whether the postadoption contact agreement has been entered
into voluntarily, and whether it is in the best interests of the
child who is the subject of the petition.
(d) 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.
(e) If a petitioner is a resident of a state other than
California, an updated and current homestudy report, conducted and
approved by a licensed adoption agency or other authorized resource
in the state in which the petitioner resides, shall be reviewed and
endorsed by the department or licensed adoption agency, if the
standards and criteria established for a homestudy report in the
other state are substantially commensurate with the homestudy
standards and criteria established in California adoption
regulations.
8716. Where a petition is filed for the adoption of a child who has
been placed for adoption by a licensed county adoption agency or the
department, the agency or department may, at the time of filing a
favorable report with the court, require the petitioners to pay to
the agency, as agent of the state, or to the department, a fee of
five hundred dollars ($500). The agency or department may defer,
waive, or reduce the fee if its payment would cause economic hardship
to the prospective adoptive parents detrimental to the welfare of
the adopted child, if the child has been in the foster care of the
prospective adoptive parents for at least one year, or if necessary
for the placement of a special-needs child.
8717. When any report or findings are submitted to the court by the
department or licensed adoption agency, a copy of the report or
findings, whether favorable or unfavorable, shall be given to the
petitioner's attorney in the proceeding, if the petitioner has an
attorney of record, or to the petitioner.
8718. The prospective adoptive parents and the child proposed to be
adopted shall appear before the court pursuant to Sections 8612 and
8613.
8719. If the petitioners move to withdraw the adoption petition or
to dismiss the proceeding, the court clerk shall immediately notify
the department at Sacramento of the action.
8720. (a) If the department or licensed adoption agency finds that
the home of the petitioners is not suitable for the child or that the
required agency consents are not available and the department or
agency recommends that the petition be denied, or if the petitioners
desire to withdraw the petition and the department or agency
recommends that the petition be denied, the clerk upon receipt of the
report of the department or agency shall immediately refer it to the
court for review.
(b) Upon receipt of the report, the court shall set a date for a
hearing of the petition and shall give reasonable notice of the
hearing to the department or licensed adoption agency, the
petitioners, and, if necessary, the birth parents, by certified mail,
return receipt requested, to the address of each as shown in the
proceeding.
(c) The department or licensed adoption agency shall appear to
represent the child.