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AB-961 Nonresident petitioners: adoption.(2003-2004)

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AB961:v97#DOCUMENT

Amended  IN  Assembly  April 10, 2003
Amended  IN  Assembly  May 08, 2003

CALIFORNIA LEGISLATURE— 2003–2004 REGULAR SESSION

Assembly Bill
No. 961

Introduced  by  Assembly Member La Suer

February 20, 2003

An act to amend Sections 8802 and 8807 of the Family Code, relating to adoption.


LEGISLATIVE COUNSEL'S DIGEST


AB 961, as amended, La Suer. Nonresident petitioners: adoption.
Existing law provides that a prospective adoptive parent may file a petition for any agency adoption or an independent adoption of a child in the county in which the petitioner resides, or if the petitioner is a resident of a state other than California, he or she may file a petition for an agency adoption or an independent adoption in the county in which the birth parent or birth parents resided when the relinquishment of parental rights for purpose of adoption was signed, or in the county in which the birth parent or birth parents resided when the adoption placement agreement was signed or the county in which the placing birth parent or birth parents resided when the petition was signed, respectively.
This bill would specify that the nonresident provisions of existing law apply to petitioners who are not residents of the United States.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 8802 of the Family Code is amended to read:

8802.
 (a) (1) Any of the following persons who desire 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 or is not a resident of the United States, in the county in which the placing birth parent or birth parents resided when the adoption placement agreement was signed, or the county in which the placing birth parent or birth parents resided when the petition was filed.
(A) 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.
(B) A person named in the will of a deceased parent as an intended adoptive parent where the child has no other parent.
(C) A person with whom a child has been placed for adoption.
(D) A legal guardian who has been the child’s legal guardian for more than one year. However, if the parent nominated the guardian for a purpose other than adoption for a specified time period, or if the guardianship was established pursuant to Section 360 of the Welfare and Institutions Code, the guardianship shall have been in existence for not less than three years.
(2) If the child has been placed for adoption, a copy of the adoptive placement agreement shall be attached to the petition. The court clerk shall immediately notify the department at Sacramento in writing of the pendency of the proceeding and of any subsequent action taken.
(b) The petition shall contain an allegation that the petitioners will file promptly with the department or delegated county adoption agency information required by the department in the investigation of the proposed adoption. The omission of the allegation from a petition does not affect the jurisdiction of the court to proceed or the validity of an adoption order or other order based on the petition.
(c) 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 and the name the child had before adoption.
(d) 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.
(e) The order of adoption shall contain the child’s adopted name, but not the name the child had before adoption.

SEC. 2.

 Section 8807 of the Family Code is amended to read:

8807.
 (a) Except as provided in subdivisions (b) and (c), within 180 days after the filing of the petition, the department or delegated county adoption agency shall investigate the proposed independent adoption and submit to the court a full report of the facts disclosed by its inquiry with a recommendation regarding the granting of the petition.
(b) If the investigation establishes that there is a serious question concerning the suitability of the petitioners or the care provided the child or the availability of the consent to adoption, the report shall be filed immediately.
(c) In its discretion, the court may allow additional time for the filing of the report, after at least five days’ notice to the petitioner or petitioners and an opportunity for the petitioner or petitioners to be heard with respect to the request for additional time.
(d) If a petitioner is not a resident of California, an updated and current homestudy report, conducted and approved by a licensed adoption agency or other authorized resource in the state or country in which the petitioner resides, shall be reviewed and endorsed by the department or delegated county adoption agency, if the standards and criteria established for a homestudy report in the other state or country are substantially commensurate with the homestudy standards and criteria established in California adoption regulations.