Today's Law As Amended


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SB-807 Adoption facilitators.(2023-2024)



As Amends the Law Today


SECTION 1.

 Section 8609 of the Family Code is amended to read:

8609.
 (a) Any person or organization that  that, without holding either a valid and unrevoked license to place children for adoption issued by the department, or a valid and unrevoked license to practice law in California,  advertises in any periodical or newspaper, by radio, or other public medium, that the person or organization will place children for adoption, or accept, supply, provide, or obtain children for adoption, or that causes any advertisement to be published in or by any public medium soliciting, requesting, or asking for any child or children for adoption, adoption  is guilty of a misdemeanor, unless one of the following conditions apply: misdemeanor. 
(1) The person or organization holds a valid and unrevoked license to operate as a licensed adoption agency, as defined in Section 8530, and is authorized to place children for adoption.
(2) The person or organization is exempt from licensure pursuant to subdivision (w) or (x) of Section 1505 of the Health and Safety Code.
(b) Any person, organization, association, or corporation that seeks to place any child for adoption is guilty of a misdemeanor, unless one of the following conditions applies:
(1) (b)  The person, organization, or corporation holds  Any person, other than a birth parent, or any organization, association, or corporation that, without holding  a valid and unrevoked license to operate as a licensed adoption agency, as defined in Section 8530, and is authorized to place children for adoption. place children for adoption issued by the department, places any child for adoption is guilty of a misdemeanor. 
(2) The person, organization, or corporation is exempt from licensure pursuant to subdivision (w) or (x) of Section 1505 of the Health and Safety Code.
(3) The person is the legal parent.
(c) Any person or organization that performs any of the functions of an adoption agency or holds itself out as performing any of the functions of an adoption agency, as described in paragraphs (9) and (10) of subdivision (a) of Section 1502 of the Health and Safety Code, without a valid and unrevoked license issued by the department shall be deemed an unlicensed adoption agency, as referenced in paragraph (6) of subdivision (a) of Section 1503.5 of Health and Safety Code, unless otherwise permitted under California law.

SEC. 2.

 Section 8610 of the Family Code is amended to read:

8610.
 (a) The petitioners in a proceeding for adoption of a child shall file with the court a full accounting report of all disbursements of anything of value made or agreed to be made by them or on their behalf in connection with the birth of the child, the placement of the child with the petitioners, any medical or hospital care received by the child’s birth mother or by the child in connection with the child’s birth, any other expenses of either birth parent, or the adoption. The accounting report shall be made under penalty of perjury and shall be submitted to the court on or before the date set for the hearing on the adoption petition, unless the court grants an extension of time.
(b) The accounting report shall be itemized in detail and shall show the services relating to the adoption or to the placement of the child for adoption that were and shall include details regarding payments for all adoption-related services  received by the petitioners, by either birth parent, or by the child. The report shall also include the dates of each payment, the names and addresses of each attorney, physician and surgeon, hospital, or  licensed adoption agency, or any  other person or organization that who  received payment.
(c) This section does not apply to an adoption by a stepparent if at least one legal parent  where one birth parent or adoptive parent  retains custody and control of the child.

SEC. 3.

 Section 8621 of the Family Code is amended to read:

8621.
 (a)  The department shall adopt regulations regarding the provision of adoption services by the department, county adoption agencies, licensed adoption agencies, and other adoption service providers authorized pursuant to this division section,  and shall monitor the provision of those services by county adoption agencies, licensed adoption agencies, and other adoption service providers as provided by law. The department shall report any  violations of these  regulations to the appropriate licensing authority.
(b) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services may implement, interpret, or make specific the changes made to this chapter by the act adding this subdivision by means of all-county letters, written directives, interim licensing standards, or similar written instructions from the department until regulations are adopted. These all-county letters, written directives, interim licensing standards, or similar written instructions shall have the same force and effect as regulations until the adoption of regulations.

SEC. 4.

 Section 8621.5 is added to the Family Code, to read:

8621.5.
 A person or organization shall not engage in either of the following activities unless the person or organization is licensed as an adoption agency by the department or an attorney licensed to practice law in California:
(a) Advertising for the purpose of soliciting parties to an adoption, locating children for an adoption, or acting as an intermediary between the parties to an adoption.
(b) Charging a fee or other valuable consideration for services rendered relating to an adoption, whether directly or indirectly, for locating children for adoption, or acting as an intermediary between the parties to an adoption.

SEC. 5.

 Chapter 1.5 (commencing with Section 8623) of Part 2 of Division 13 of the Family Code is repealed.

SEC. 6.

 Section 8637 of the Family Code is repealed.

SEC. 7.

 Section 8921 of the Family Code is repealed.