CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2390Introduced by Assembly Member PattersonFebruary 18, 2020 An act to amend Sections 7825, 7851, and 8802 of, and to add Section 8700.1 to, the Family Code, and to amend Section 6451 of the Probate Code, relating to adoption. LEGISLATIVE COUNSEL'S DIGESTAB 2390, as introduced, Patterson. Adoption.(1) Existing law permits a proceeding to be brought for the purpose of having a child under 18 years of age declared free from the custody and control of either or both parents when the childs parent or parents have been convicted of a felony of a nature that proves the unfitness of the parent or parents to have future custody and control of the child. Existing law authorizes the court to consider the parents criminal record prior to the felony conviction for these purposes.This bill instead would require the court to consider the parents criminal record, and would not restrict that consideration to the period prior to the felony conviction.Existing law authorizes specified individuals to provide the court with a written recommendation of the proper disposition to be made in the best interest of the child, and specifies the contents of that report. This bill would recast and revise those provisions and would add to the required contents of the report a summary of the childs past and current living circumstances and residence history, a background summary regarding each nonagency party to the case, and a recommendation whether granting or denying the petition would serve the childs best interest. The bill would require each party to cooperate with the investigation.(2) Existing law authorizes an adoption request for the adoption of a nondependent minor to be filed with the court in the county in which one of specified criteria applies and sets forth those individuals who may file an adoption request. Under existing law, an order of adoption is required to contain the childs adopted name, but not the name of the child before the adoption.This bill would add to the list of persons authorized to file an adoption request a person named in a court order terminating parental rights as the childs legal guardian or prospective adoptive parent. The bill would require the adoption order to include both the childs adopted name and the name of the child before the adoption. The bill would replace references to an adoption petition and refer instead to an adoption request.(3) Under existing law, when a parent is seeking to relinquish a child for adoption, the department or agency is required to ask the child and the childs parent or custodian whether the child is, or may be, a member of, or eligible for membership in an Indian tribe or whether the child has been identified as a member of an Indian organization, and, if so, to obtain specified additional information and notify the Indian tribe of the right to intervene in the proceeding on its own behalf or on behalf of a tribal member relative of the child. Existing law specifies procedures under which an Indian child may be relinquished for adoption, in compliance with the federal Indian Child Welfare Act (ICWA). Existing department regulations require an adoption agency to inform all parents of the option to place a holding period on the filing of a signed relinquishment, during which time the parent is permitted to revoke the relinquishment. This bill would codify those regulations and would further require the agency, if the child is, or may be, a member of, or eligible for membership in, a tribal organization, to hold the signed relinquishment form until it is determined, as specified, whether the child is subject to the ICWA, in which case the agency would be required to void the relinquishment and inform the parent that they may proceed with relinquishment of the Indian child in accordance with the applicable provisions of existing law or request the return of the Indian child, as specified. By imposing additional requirements on county adoption agencies, the bill would create a state-mandated local program.(4) Existing law provides, for purposes of intestate succession, that adoption severs the parent-child relationship.This bill would except from that requirement a final adoption order that provides otherwise.(5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 7825 of the Family Code is amended to read:7825. (a) A proceeding under this part may be brought where both of the following requirements are satisfied:(1) The child is one whose parent or parents are convicted of a felony.(2) The facts of the crime of which the parent or parents were convicted are of such a nature so as to prove the unfitness of the parent or parents to have the future custody and control of the child. In making a determination pursuant to this section, the court may shall consider the parents criminal record prior to the felony conviction to the extent that to determine whether the criminal record demonstrates a pattern of behavior substantially related to the welfare of the child or the parents ability to exercise custody and control regarding the child.(b) The mother of a child may bring a proceeding under this part against the father of the child, where the child was conceived as a result of an act in violation of Section 261 of the Penal Code, and where the father was convicted of that violation. For purposes of this subdivision, there is a conclusive presumption that the father is unfit to have custody or control of the child.SEC. 2. Section 7851 of the Family Code is amended to read:7851.(a)The juvenile probation officer, qualified court investigator, licensed clinical social worker, licensed marriage and family therapist, licensed professional clinical counselor, or the county department shall render to the court a written report of the investigation with a recommendation of the proper disposition to be made in the proceeding in the best interest of the child.7851. (a) Upon the filing of the petition, an investigation as to the circumstances of the child and the allegations set forth in the petition shall be conducted by a juvenile probation officer, qualified court investigator, licensed clinical social worker, licensed marriage and family therapist, licensed professional clinical counselor, or social worker with the county welfare department.(b) The report investigator shall file a written report with the court, which shall include all of the following:(1) A statement that the person making the report investigator explained to the child the nature of the proceeding to end parental custody and control.(2) A statement of the childs feelings and thoughts concerning the pending proceeding.(3) A statement of the childs attitude towards the childs parent or parents and particularly whether or not the child would prefer living with the parent or parents.(4) A statement that the child was informed of the childs right to attend the hearing on the petition and the childs feelings concerning attending the hearing.(5) A summary of the childs past and current living circumstances and residence history.(6) A background summary regarding each nonagency party to the case, including but not limited to, previous guardianship investigations and any criminal or child welfare agency history.(7) A recommendation whether granting or denying the petition will serve the best interest of the child.(c) If the age, or the physical, emotional, or other condition of the child precludes the childs meaningful response to the explanations, inquiries, and information required by subdivision (b), a description of the condition shall satisfy the requirement of that subdivision.(d) The court shall receive the report in evidence and shall read and consider its contents in rendering the courts judgment.(e) Each party shall cooperate with the investigation.SEC. 3. Section 8700.1 is added to the Family Code, to read:8700.1. (a) Except as provided in subdivision (b), the agency representative shall inform all parents who sign a relinquishment of the following options for the time period for filing the signed relinquishment form with the department:(1) The parent may request that the agency file the signed relinquishment form without a holding period, in which case the agency may submit the relinquishment to the department on the next business day after the parent signs the relinquishment.(2) The parent may request that the agency hold the signed relinquishment form for a specified period of up to 30 days before the agency submits it to the department for filing. This time period may be extended by written agreement of the agency and the parent.(3) The parent may request that the agency hold the signed relinquishment form until the parental rights of all other parents of the child have been resolved by court order terminating parental rights, or by voluntary signature on a relinquishment form, Waiver Right to Further Notice of Adoption Planning, or Denial of Paternity. The agency shall notify the parent in writing within three business days after all other parental rights have been resolved, in order to free the child for adoption. The agency may then file the relinquishment on the fifth business day after that notification has been made.(b) If the required inquiry pursuant to Section 8620 reveals that the child is, or may be, a member of, or eligible for membership in, an Indian tribe, the parent shall be advised that the agency is required to hold the signed relinquishment form until one of the following occurs:(1) At least 60 days have passed since the service of all notices required by Section 8620, not all tribal responses have been received, no tribe has indicated that the child is a member or is eligible for membership, and a court has determined that the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) does not apply, at which time the agency may file the relinquishment.(2) The agency has received a response from every tribe that received notice pursuant to Section 8620, in which case the agency shall take one of the following actions, as applicable:(A) If the tribal responses indicate that the child is not a member of, nor eligible for tribal membership in, any tribe, the agency shall notify the parent thereof in writing within three business days, and the agency may file the relinquishment on the fifth business day after that notification has been made.(B) If one or more tribal responses indicate that the child is a member of, or is eligible for membership in, a tribe, the agency shall void the relinquishment. The agency representative shall inform the parent within three business days of the voided relinquishment, and simultaneously shall inquire whether the parent wishes to proceed with relinquishment of the Indian child pursuant to Section 8606.5, or whether the parent requests the return of the Indian child, in which case the agency shall take prompt action to assist the parent with the childs return.(c) The parent is permitted to revoke the relinquishment at any time prior to the expiration of any holding period and at any time before the relinquishment form is filed by the department. If the last day of the holding period falls on a weekend or legal holiday, the time to revoke the relinquishment shall be extended to the next working day following the weekend or holiday.SEC. 4. 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 an adoption request in a county authorized by Section 8609.5:(A)(1) An adult who is related to the child or the childs 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)(2) A person named in the will of a deceased parent as an intended adoptive parent where the child has no other parent.(C)(3) A person with whom a child has been placed for adoption. adoption, in which case a copy of the independent adoption placement agreement shall be attached to the petition.(D) (i)A legal guardian who has been the childs legal guardian for more than one year.(4) A person who has been the childs legal guardian for more than one year. However, if the guardian was nominated by a parent for a purpose other than adoption and 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 at least two years.(ii)(5) If the child is alleged to have been abandoned pursuant to Section 7822, a legal guardian person who has been the childs legal guardian for more than six months. The legal guardian may file a petition pursuant to Section 7822 in the same court and concurrently with a petition under this section. the adoption request.(iii)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.(6) A person named in a court order terminating parental rights as the childs legal guardian or prospective adoptive parent.(2)If the child has been placed for adoption, a copy of the adoptive placement agreement shall be attached to the petition.(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.(3)(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. the petitioner shall file the signed agreement with the court prior to finalization of the adoption.(b)(d) 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)(e) The caption of the adoption petition request shall contain the names of the petitioners, but not the childs name. The petition body of the adoption request shall state the childs sex and date of birth and the name the child had before adoption.(d)(f) If the child is the subject of a guardianship petition, the adoption petition request 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. request. 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.(e)(g) The order of adoption shall contain the childs adopted name, but not name and the name the child had before adoption.SEC. 5. Section 6451 of the Probate Code is amended to read:6451. (a) An Except as otherwise reflected in the final order of adoption, an adoption severs the relationship of parent and child between an adopted person and a natural parent of the adopted person unless both of the following requirements are satisfied:(1) The natural parent and the adopted person lived together at any time as parent and child, or the natural parent was married to or cohabiting with the other natural parent at the time the person was conceived and died before the persons birth.(2) The adoption was by the spouse of either of the natural parents or after the death of either of the natural parents.(b) Neither a natural parent nor a relative of a natural parent, except for a wholeblood brother or sister of the adopted person or the issue of that brother or sister, inherits from or through the adopted person on the basis of a parent and child relationship between the adopted person and the natural parent that satisfies the requirements of paragraphs (1) and (2) of subdivision (a), unless the adoption is by the spouse or surviving spouse of that parent.(c) For the purpose of this section, a prior adoptive parent and child relationship is treated as a natural parent and child relationship.SEC. 6. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2390Introduced by Assembly Member PattersonFebruary 18, 2020 An act to amend Sections 7825, 7851, and 8802 of, and to add Section 8700.1 to, the Family Code, and to amend Section 6451 of the Probate Code, relating to adoption. LEGISLATIVE COUNSEL'S DIGESTAB 2390, as introduced, Patterson. Adoption.(1) Existing law permits a proceeding to be brought for the purpose of having a child under 18 years of age declared free from the custody and control of either or both parents when the childs parent or parents have been convicted of a felony of a nature that proves the unfitness of the parent or parents to have future custody and control of the child. Existing law authorizes the court to consider the parents criminal record prior to the felony conviction for these purposes.This bill instead would require the court to consider the parents criminal record, and would not restrict that consideration to the period prior to the felony conviction.Existing law authorizes specified individuals to provide the court with a written recommendation of the proper disposition to be made in the best interest of the child, and specifies the contents of that report. This bill would recast and revise those provisions and would add to the required contents of the report a summary of the childs past and current living circumstances and residence history, a background summary regarding each nonagency party to the case, and a recommendation whether granting or denying the petition would serve the childs best interest. The bill would require each party to cooperate with the investigation.(2) Existing law authorizes an adoption request for the adoption of a nondependent minor to be filed with the court in the county in which one of specified criteria applies and sets forth those individuals who may file an adoption request. Under existing law, an order of adoption is required to contain the childs adopted name, but not the name of the child before the adoption.This bill would add to the list of persons authorized to file an adoption request a person named in a court order terminating parental rights as the childs legal guardian or prospective adoptive parent. The bill would require the adoption order to include both the childs adopted name and the name of the child before the adoption. The bill would replace references to an adoption petition and refer instead to an adoption request.(3) Under existing law, when a parent is seeking to relinquish a child for adoption, the department or agency is required to ask the child and the childs parent or custodian whether the child is, or may be, a member of, or eligible for membership in an Indian tribe or whether the child has been identified as a member of an Indian organization, and, if so, to obtain specified additional information and notify the Indian tribe of the right to intervene in the proceeding on its own behalf or on behalf of a tribal member relative of the child. Existing law specifies procedures under which an Indian child may be relinquished for adoption, in compliance with the federal Indian Child Welfare Act (ICWA). Existing department regulations require an adoption agency to inform all parents of the option to place a holding period on the filing of a signed relinquishment, during which time the parent is permitted to revoke the relinquishment. This bill would codify those regulations and would further require the agency, if the child is, or may be, a member of, or eligible for membership in, a tribal organization, to hold the signed relinquishment form until it is determined, as specified, whether the child is subject to the ICWA, in which case the agency would be required to void the relinquishment and inform the parent that they may proceed with relinquishment of the Indian child in accordance with the applicable provisions of existing law or request the return of the Indian child, as specified. By imposing additional requirements on county adoption agencies, the bill would create a state-mandated local program.(4) Existing law provides, for purposes of intestate succession, that adoption severs the parent-child relationship.This bill would except from that requirement a final adoption order that provides otherwise.(5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill
No. 2390
Introduced by Assembly Member PattersonFebruary 18, 2020
Introduced by Assembly Member Patterson
February 18, 2020
An act to amend Sections 7825, 7851, and 8802 of, and to add Section 8700.1 to, the Family Code, and to amend Section 6451 of the Probate Code, relating to adoption.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2390, as introduced, Patterson. Adoption.
(1) Existing law permits a proceeding to be brought for the purpose of having a child under 18 years of age declared free from the custody and control of either or both parents when the childs parent or parents have been convicted of a felony of a nature that proves the unfitness of the parent or parents to have future custody and control of the child. Existing law authorizes the court to consider the parents criminal record prior to the felony conviction for these purposes.This bill instead would require the court to consider the parents criminal record, and would not restrict that consideration to the period prior to the felony conviction.Existing law authorizes specified individuals to provide the court with a written recommendation of the proper disposition to be made in the best interest of the child, and specifies the contents of that report. This bill would recast and revise those provisions and would add to the required contents of the report a summary of the childs past and current living circumstances and residence history, a background summary regarding each nonagency party to the case, and a recommendation whether granting or denying the petition would serve the childs best interest. The bill would require each party to cooperate with the investigation.(2) Existing law authorizes an adoption request for the adoption of a nondependent minor to be filed with the court in the county in which one of specified criteria applies and sets forth those individuals who may file an adoption request. Under existing law, an order of adoption is required to contain the childs adopted name, but not the name of the child before the adoption.This bill would add to the list of persons authorized to file an adoption request a person named in a court order terminating parental rights as the childs legal guardian or prospective adoptive parent. The bill would require the adoption order to include both the childs adopted name and the name of the child before the adoption. The bill would replace references to an adoption petition and refer instead to an adoption request.(3) Under existing law, when a parent is seeking to relinquish a child for adoption, the department or agency is required to ask the child and the childs parent or custodian whether the child is, or may be, a member of, or eligible for membership in an Indian tribe or whether the child has been identified as a member of an Indian organization, and, if so, to obtain specified additional information and notify the Indian tribe of the right to intervene in the proceeding on its own behalf or on behalf of a tribal member relative of the child. Existing law specifies procedures under which an Indian child may be relinquished for adoption, in compliance with the federal Indian Child Welfare Act (ICWA). Existing department regulations require an adoption agency to inform all parents of the option to place a holding period on the filing of a signed relinquishment, during which time the parent is permitted to revoke the relinquishment. This bill would codify those regulations and would further require the agency, if the child is, or may be, a member of, or eligible for membership in, a tribal organization, to hold the signed relinquishment form until it is determined, as specified, whether the child is subject to the ICWA, in which case the agency would be required to void the relinquishment and inform the parent that they may proceed with relinquishment of the Indian child in accordance with the applicable provisions of existing law or request the return of the Indian child, as specified. By imposing additional requirements on county adoption agencies, the bill would create a state-mandated local program.(4) Existing law provides, for purposes of intestate succession, that adoption severs the parent-child relationship.This bill would except from that requirement a final adoption order that provides otherwise.(5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1) Existing law permits a proceeding to be brought for the purpose of having a child under 18 years of age declared free from the custody and control of either or both parents when the childs parent or parents have been convicted of a felony of a nature that proves the unfitness of the parent or parents to have future custody and control of the child. Existing law authorizes the court to consider the parents criminal record prior to the felony conviction for these purposes.
This bill instead would require the court to consider the parents criminal record, and would not restrict that consideration to the period prior to the felony conviction.
Existing law authorizes specified individuals to provide the court with a written recommendation of the proper disposition to be made in the best interest of the child, and specifies the contents of that report.
This bill would recast and revise those provisions and would add to the required contents of the report a summary of the childs past and current living circumstances and residence history, a background summary regarding each nonagency party to the case, and a recommendation whether granting or denying the petition would serve the childs best interest. The bill would require each party to cooperate with the investigation.
(2) Existing law authorizes an adoption request for the adoption of a nondependent minor to be filed with the court in the county in which one of specified criteria applies and sets forth those individuals who may file an adoption request. Under existing law, an order of adoption is required to contain the childs adopted name, but not the name of the child before the adoption.
This bill would add to the list of persons authorized to file an adoption request a person named in a court order terminating parental rights as the childs legal guardian or prospective adoptive parent. The bill would require the adoption order to include both the childs adopted name and the name of the child before the adoption. The bill would replace references to an adoption petition and refer instead to an adoption request.
(3) Under existing law, when a parent is seeking to relinquish a child for adoption, the department or agency is required to ask the child and the childs parent or custodian whether the child is, or may be, a member of, or eligible for membership in an Indian tribe or whether the child has been identified as a member of an Indian organization, and, if so, to obtain specified additional information and notify the Indian tribe of the right to intervene in the proceeding on its own behalf or on behalf of a tribal member relative of the child. Existing law specifies procedures under which an Indian child may be relinquished for adoption, in compliance with the federal Indian Child Welfare Act (ICWA). Existing department regulations require an adoption agency to inform all parents of the option to place a holding period on the filing of a signed relinquishment, during which time the parent is permitted to revoke the relinquishment.
This bill would codify those regulations and would further require the agency, if the child is, or may be, a member of, or eligible for membership in, a tribal organization, to hold the signed relinquishment form until it is determined, as specified, whether the child is subject to the ICWA, in which case the agency would be required to void the relinquishment and inform the parent that they may proceed with relinquishment of the Indian child in accordance with the applicable provisions of existing law or request the return of the Indian child, as specified. By imposing additional requirements on county adoption agencies, the bill would create a state-mandated local program.
(4) Existing law provides, for purposes of intestate succession, that adoption severs the parent-child relationship.
This bill would except from that requirement a final adoption order that provides otherwise.
(5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 7825 of the Family Code is amended to read:7825. (a) A proceeding under this part may be brought where both of the following requirements are satisfied:(1) The child is one whose parent or parents are convicted of a felony.(2) The facts of the crime of which the parent or parents were convicted are of such a nature so as to prove the unfitness of the parent or parents to have the future custody and control of the child. In making a determination pursuant to this section, the court may shall consider the parents criminal record prior to the felony conviction to the extent that to determine whether the criminal record demonstrates a pattern of behavior substantially related to the welfare of the child or the parents ability to exercise custody and control regarding the child.(b) The mother of a child may bring a proceeding under this part against the father of the child, where the child was conceived as a result of an act in violation of Section 261 of the Penal Code, and where the father was convicted of that violation. For purposes of this subdivision, there is a conclusive presumption that the father is unfit to have custody or control of the child.SEC. 2. Section 7851 of the Family Code is amended to read:7851.(a)The juvenile probation officer, qualified court investigator, licensed clinical social worker, licensed marriage and family therapist, licensed professional clinical counselor, or the county department shall render to the court a written report of the investigation with a recommendation of the proper disposition to be made in the proceeding in the best interest of the child.7851. (a) Upon the filing of the petition, an investigation as to the circumstances of the child and the allegations set forth in the petition shall be conducted by a juvenile probation officer, qualified court investigator, licensed clinical social worker, licensed marriage and family therapist, licensed professional clinical counselor, or social worker with the county welfare department.(b) The report investigator shall file a written report with the court, which shall include all of the following:(1) A statement that the person making the report investigator explained to the child the nature of the proceeding to end parental custody and control.(2) A statement of the childs feelings and thoughts concerning the pending proceeding.(3) A statement of the childs attitude towards the childs parent or parents and particularly whether or not the child would prefer living with the parent or parents.(4) A statement that the child was informed of the childs right to attend the hearing on the petition and the childs feelings concerning attending the hearing.(5) A summary of the childs past and current living circumstances and residence history.(6) A background summary regarding each nonagency party to the case, including but not limited to, previous guardianship investigations and any criminal or child welfare agency history.(7) A recommendation whether granting or denying the petition will serve the best interest of the child.(c) If the age, or the physical, emotional, or other condition of the child precludes the childs meaningful response to the explanations, inquiries, and information required by subdivision (b), a description of the condition shall satisfy the requirement of that subdivision.(d) The court shall receive the report in evidence and shall read and consider its contents in rendering the courts judgment.(e) Each party shall cooperate with the investigation.SEC. 3. Section 8700.1 is added to the Family Code, to read:8700.1. (a) Except as provided in subdivision (b), the agency representative shall inform all parents who sign a relinquishment of the following options for the time period for filing the signed relinquishment form with the department:(1) The parent may request that the agency file the signed relinquishment form without a holding period, in which case the agency may submit the relinquishment to the department on the next business day after the parent signs the relinquishment.(2) The parent may request that the agency hold the signed relinquishment form for a specified period of up to 30 days before the agency submits it to the department for filing. This time period may be extended by written agreement of the agency and the parent.(3) The parent may request that the agency hold the signed relinquishment form until the parental rights of all other parents of the child have been resolved by court order terminating parental rights, or by voluntary signature on a relinquishment form, Waiver Right to Further Notice of Adoption Planning, or Denial of Paternity. The agency shall notify the parent in writing within three business days after all other parental rights have been resolved, in order to free the child for adoption. The agency may then file the relinquishment on the fifth business day after that notification has been made.(b) If the required inquiry pursuant to Section 8620 reveals that the child is, or may be, a member of, or eligible for membership in, an Indian tribe, the parent shall be advised that the agency is required to hold the signed relinquishment form until one of the following occurs:(1) At least 60 days have passed since the service of all notices required by Section 8620, not all tribal responses have been received, no tribe has indicated that the child is a member or is eligible for membership, and a court has determined that the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) does not apply, at which time the agency may file the relinquishment.(2) The agency has received a response from every tribe that received notice pursuant to Section 8620, in which case the agency shall take one of the following actions, as applicable:(A) If the tribal responses indicate that the child is not a member of, nor eligible for tribal membership in, any tribe, the agency shall notify the parent thereof in writing within three business days, and the agency may file the relinquishment on the fifth business day after that notification has been made.(B) If one or more tribal responses indicate that the child is a member of, or is eligible for membership in, a tribe, the agency shall void the relinquishment. The agency representative shall inform the parent within three business days of the voided relinquishment, and simultaneously shall inquire whether the parent wishes to proceed with relinquishment of the Indian child pursuant to Section 8606.5, or whether the parent requests the return of the Indian child, in which case the agency shall take prompt action to assist the parent with the childs return.(c) The parent is permitted to revoke the relinquishment at any time prior to the expiration of any holding period and at any time before the relinquishment form is filed by the department. If the last day of the holding period falls on a weekend or legal holiday, the time to revoke the relinquishment shall be extended to the next working day following the weekend or holiday.SEC. 4. 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 an adoption request in a county authorized by Section 8609.5:(A)(1) An adult who is related to the child or the childs 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)(2) A person named in the will of a deceased parent as an intended adoptive parent where the child has no other parent.(C)(3) A person with whom a child has been placed for adoption. adoption, in which case a copy of the independent adoption placement agreement shall be attached to the petition.(D) (i)A legal guardian who has been the childs legal guardian for more than one year.(4) A person who has been the childs legal guardian for more than one year. However, if the guardian was nominated by a parent for a purpose other than adoption and 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 at least two years.(ii)(5) If the child is alleged to have been abandoned pursuant to Section 7822, a legal guardian person who has been the childs legal guardian for more than six months. The legal guardian may file a petition pursuant to Section 7822 in the same court and concurrently with a petition under this section. the adoption request.(iii)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.(6) A person named in a court order terminating parental rights as the childs legal guardian or prospective adoptive parent.(2)If the child has been placed for adoption, a copy of the adoptive placement agreement shall be attached to the petition.(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.(3)(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. the petitioner shall file the signed agreement with the court prior to finalization of the adoption.(b)(d) 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)(e) The caption of the adoption petition request shall contain the names of the petitioners, but not the childs name. The petition body of the adoption request shall state the childs sex and date of birth and the name the child had before adoption.(d)(f) If the child is the subject of a guardianship petition, the adoption petition request 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. request. 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.(e)(g) The order of adoption shall contain the childs adopted name, but not name and the name the child had before adoption.SEC. 5. Section 6451 of the Probate Code is amended to read:6451. (a) An Except as otherwise reflected in the final order of adoption, an adoption severs the relationship of parent and child between an adopted person and a natural parent of the adopted person unless both of the following requirements are satisfied:(1) The natural parent and the adopted person lived together at any time as parent and child, or the natural parent was married to or cohabiting with the other natural parent at the time the person was conceived and died before the persons birth.(2) The adoption was by the spouse of either of the natural parents or after the death of either of the natural parents.(b) Neither a natural parent nor a relative of a natural parent, except for a wholeblood brother or sister of the adopted person or the issue of that brother or sister, inherits from or through the adopted person on the basis of a parent and child relationship between the adopted person and the natural parent that satisfies the requirements of paragraphs (1) and (2) of subdivision (a), unless the adoption is by the spouse or surviving spouse of that parent.(c) For the purpose of this section, a prior adoptive parent and child relationship is treated as a natural parent and child relationship.SEC. 6. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 7825 of the Family Code is amended to read:7825. (a) A proceeding under this part may be brought where both of the following requirements are satisfied:(1) The child is one whose parent or parents are convicted of a felony.(2) The facts of the crime of which the parent or parents were convicted are of such a nature so as to prove the unfitness of the parent or parents to have the future custody and control of the child. In making a determination pursuant to this section, the court may shall consider the parents criminal record prior to the felony conviction to the extent that to determine whether the criminal record demonstrates a pattern of behavior substantially related to the welfare of the child or the parents ability to exercise custody and control regarding the child.(b) The mother of a child may bring a proceeding under this part against the father of the child, where the child was conceived as a result of an act in violation of Section 261 of the Penal Code, and where the father was convicted of that violation. For purposes of this subdivision, there is a conclusive presumption that the father is unfit to have custody or control of the child.
SECTION 1. Section 7825 of the Family Code is amended to read:
### SECTION 1.
7825. (a) A proceeding under this part may be brought where both of the following requirements are satisfied:(1) The child is one whose parent or parents are convicted of a felony.(2) The facts of the crime of which the parent or parents were convicted are of such a nature so as to prove the unfitness of the parent or parents to have the future custody and control of the child. In making a determination pursuant to this section, the court may shall consider the parents criminal record prior to the felony conviction to the extent that to determine whether the criminal record demonstrates a pattern of behavior substantially related to the welfare of the child or the parents ability to exercise custody and control regarding the child.(b) The mother of a child may bring a proceeding under this part against the father of the child, where the child was conceived as a result of an act in violation of Section 261 of the Penal Code, and where the father was convicted of that violation. For purposes of this subdivision, there is a conclusive presumption that the father is unfit to have custody or control of the child.
7825. (a) A proceeding under this part may be brought where both of the following requirements are satisfied:(1) The child is one whose parent or parents are convicted of a felony.(2) The facts of the crime of which the parent or parents were convicted are of such a nature so as to prove the unfitness of the parent or parents to have the future custody and control of the child. In making a determination pursuant to this section, the court may shall consider the parents criminal record prior to the felony conviction to the extent that to determine whether the criminal record demonstrates a pattern of behavior substantially related to the welfare of the child or the parents ability to exercise custody and control regarding the child.(b) The mother of a child may bring a proceeding under this part against the father of the child, where the child was conceived as a result of an act in violation of Section 261 of the Penal Code, and where the father was convicted of that violation. For purposes of this subdivision, there is a conclusive presumption that the father is unfit to have custody or control of the child.
7825. (a) A proceeding under this part may be brought where both of the following requirements are satisfied:(1) The child is one whose parent or parents are convicted of a felony.(2) The facts of the crime of which the parent or parents were convicted are of such a nature so as to prove the unfitness of the parent or parents to have the future custody and control of the child. In making a determination pursuant to this section, the court may shall consider the parents criminal record prior to the felony conviction to the extent that to determine whether the criminal record demonstrates a pattern of behavior substantially related to the welfare of the child or the parents ability to exercise custody and control regarding the child.(b) The mother of a child may bring a proceeding under this part against the father of the child, where the child was conceived as a result of an act in violation of Section 261 of the Penal Code, and where the father was convicted of that violation. For purposes of this subdivision, there is a conclusive presumption that the father is unfit to have custody or control of the child.
7825. (a) A proceeding under this part may be brought where both of the following requirements are satisfied:
(1) The child is one whose parent or parents are convicted of a felony.
(2) The facts of the crime of which the parent or parents were convicted are of such a nature so as to prove the unfitness of the parent or parents to have the future custody and control of the child. In making a determination pursuant to this section, the court may shall consider the parents criminal record prior to the felony conviction to the extent that to determine whether the criminal record demonstrates a pattern of behavior substantially related to the welfare of the child or the parents ability to exercise custody and control regarding the child.
(b) The mother of a child may bring a proceeding under this part against the father of the child, where the child was conceived as a result of an act in violation of Section 261 of the Penal Code, and where the father was convicted of that violation. For purposes of this subdivision, there is a conclusive presumption that the father is unfit to have custody or control of the child.
SEC. 2. Section 7851 of the Family Code is amended to read:7851.(a)The juvenile probation officer, qualified court investigator, licensed clinical social worker, licensed marriage and family therapist, licensed professional clinical counselor, or the county department shall render to the court a written report of the investigation with a recommendation of the proper disposition to be made in the proceeding in the best interest of the child.7851. (a) Upon the filing of the petition, an investigation as to the circumstances of the child and the allegations set forth in the petition shall be conducted by a juvenile probation officer, qualified court investigator, licensed clinical social worker, licensed marriage and family therapist, licensed professional clinical counselor, or social worker with the county welfare department.(b) The report investigator shall file a written report with the court, which shall include all of the following:(1) A statement that the person making the report investigator explained to the child the nature of the proceeding to end parental custody and control.(2) A statement of the childs feelings and thoughts concerning the pending proceeding.(3) A statement of the childs attitude towards the childs parent or parents and particularly whether or not the child would prefer living with the parent or parents.(4) A statement that the child was informed of the childs right to attend the hearing on the petition and the childs feelings concerning attending the hearing.(5) A summary of the childs past and current living circumstances and residence history.(6) A background summary regarding each nonagency party to the case, including but not limited to, previous guardianship investigations and any criminal or child welfare agency history.(7) A recommendation whether granting or denying the petition will serve the best interest of the child.(c) If the age, or the physical, emotional, or other condition of the child precludes the childs meaningful response to the explanations, inquiries, and information required by subdivision (b), a description of the condition shall satisfy the requirement of that subdivision.(d) The court shall receive the report in evidence and shall read and consider its contents in rendering the courts judgment.(e) Each party shall cooperate with the investigation.
SEC. 2. Section 7851 of the Family Code is amended to read:
### SEC. 2.
7851.(a)The juvenile probation officer, qualified court investigator, licensed clinical social worker, licensed marriage and family therapist, licensed professional clinical counselor, or the county department shall render to the court a written report of the investigation with a recommendation of the proper disposition to be made in the proceeding in the best interest of the child.7851. (a) Upon the filing of the petition, an investigation as to the circumstances of the child and the allegations set forth in the petition shall be conducted by a juvenile probation officer, qualified court investigator, licensed clinical social worker, licensed marriage and family therapist, licensed professional clinical counselor, or social worker with the county welfare department.(b) The report investigator shall file a written report with the court, which shall include all of the following:(1) A statement that the person making the report investigator explained to the child the nature of the proceeding to end parental custody and control.(2) A statement of the childs feelings and thoughts concerning the pending proceeding.(3) A statement of the childs attitude towards the childs parent or parents and particularly whether or not the child would prefer living with the parent or parents.(4) A statement that the child was informed of the childs right to attend the hearing on the petition and the childs feelings concerning attending the hearing.(5) A summary of the childs past and current living circumstances and residence history.(6) A background summary regarding each nonagency party to the case, including but not limited to, previous guardianship investigations and any criminal or child welfare agency history.(7) A recommendation whether granting or denying the petition will serve the best interest of the child.(c) If the age, or the physical, emotional, or other condition of the child precludes the childs meaningful response to the explanations, inquiries, and information required by subdivision (b), a description of the condition shall satisfy the requirement of that subdivision.(d) The court shall receive the report in evidence and shall read and consider its contents in rendering the courts judgment.(e) Each party shall cooperate with the investigation.
(a)The juvenile probation officer, qualified court investigator, licensed clinical social worker, licensed marriage and family therapist, licensed professional clinical counselor, or the county department shall render to the court a written report of the investigation with a recommendation of the proper disposition to be made in the proceeding in the best interest of the child.
7851. (a) Upon the filing of the petition, an investigation as to the circumstances of the child and the allegations set forth in the petition shall be conducted by a juvenile probation officer, qualified court investigator, licensed clinical social worker, licensed marriage and family therapist, licensed professional clinical counselor, or social worker with the county welfare department.(b) The report investigator shall file a written report with the court, which shall include all of the following:(1) A statement that the person making the report investigator explained to the child the nature of the proceeding to end parental custody and control.(2) A statement of the childs feelings and thoughts concerning the pending proceeding.(3) A statement of the childs attitude towards the childs parent or parents and particularly whether or not the child would prefer living with the parent or parents.(4) A statement that the child was informed of the childs right to attend the hearing on the petition and the childs feelings concerning attending the hearing.(5) A summary of the childs past and current living circumstances and residence history.(6) A background summary regarding each nonagency party to the case, including but not limited to, previous guardianship investigations and any criminal or child welfare agency history.(7) A recommendation whether granting or denying the petition will serve the best interest of the child.(c) If the age, or the physical, emotional, or other condition of the child precludes the childs meaningful response to the explanations, inquiries, and information required by subdivision (b), a description of the condition shall satisfy the requirement of that subdivision.(d) The court shall receive the report in evidence and shall read and consider its contents in rendering the courts judgment.(e) Each party shall cooperate with the investigation.
7851. (a) Upon the filing of the petition, an investigation as to the circumstances of the child and the allegations set forth in the petition shall be conducted by a juvenile probation officer, qualified court investigator, licensed clinical social worker, licensed marriage and family therapist, licensed professional clinical counselor, or social worker with the county welfare department.(b) The report investigator shall file a written report with the court, which shall include all of the following:(1) A statement that the person making the report investigator explained to the child the nature of the proceeding to end parental custody and control.(2) A statement of the childs feelings and thoughts concerning the pending proceeding.(3) A statement of the childs attitude towards the childs parent or parents and particularly whether or not the child would prefer living with the parent or parents.(4) A statement that the child was informed of the childs right to attend the hearing on the petition and the childs feelings concerning attending the hearing.(5) A summary of the childs past and current living circumstances and residence history.(6) A background summary regarding each nonagency party to the case, including but not limited to, previous guardianship investigations and any criminal or child welfare agency history.(7) A recommendation whether granting or denying the petition will serve the best interest of the child.(c) If the age, or the physical, emotional, or other condition of the child precludes the childs meaningful response to the explanations, inquiries, and information required by subdivision (b), a description of the condition shall satisfy the requirement of that subdivision.(d) The court shall receive the report in evidence and shall read and consider its contents in rendering the courts judgment.(e) Each party shall cooperate with the investigation.
7851. (a) Upon the filing of the petition, an investigation as to the circumstances of the child and the allegations set forth in the petition shall be conducted by a juvenile probation officer, qualified court investigator, licensed clinical social worker, licensed marriage and family therapist, licensed professional clinical counselor, or social worker with the county welfare department.
7851. (a) Upon the filing of the petition, an investigation as to the circumstances of the child and the allegations set forth in the petition shall be conducted by a juvenile probation officer, qualified court investigator, licensed clinical social worker, licensed marriage and family therapist, licensed professional clinical counselor, or social worker with the county welfare department.
(b) The report investigator shall file a written report with the court, which shall include all of the following:
(1) A statement that the person making the report investigator explained to the child the nature of the proceeding to end parental custody and control.
(2) A statement of the childs feelings and thoughts concerning the pending proceeding.
(3) A statement of the childs attitude towards the childs parent or parents and particularly whether or not the child would prefer living with the parent or parents.
(4) A statement that the child was informed of the childs right to attend the hearing on the petition and the childs feelings concerning attending the hearing.
(5) A summary of the childs past and current living circumstances and residence history.
(6) A background summary regarding each nonagency party to the case, including but not limited to, previous guardianship investigations and any criminal or child welfare agency history.
(7) A recommendation whether granting or denying the petition will serve the best interest of the child.
(c) If the age, or the physical, emotional, or other condition of the child precludes the childs meaningful response to the explanations, inquiries, and information required by subdivision (b), a description of the condition shall satisfy the requirement of that subdivision.
(d) The court shall receive the report in evidence and shall read and consider its contents in rendering the courts judgment.
(e) Each party shall cooperate with the investigation.
SEC. 3. Section 8700.1 is added to the Family Code, to read:8700.1. (a) Except as provided in subdivision (b), the agency representative shall inform all parents who sign a relinquishment of the following options for the time period for filing the signed relinquishment form with the department:(1) The parent may request that the agency file the signed relinquishment form without a holding period, in which case the agency may submit the relinquishment to the department on the next business day after the parent signs the relinquishment.(2) The parent may request that the agency hold the signed relinquishment form for a specified period of up to 30 days before the agency submits it to the department for filing. This time period may be extended by written agreement of the agency and the parent.(3) The parent may request that the agency hold the signed relinquishment form until the parental rights of all other parents of the child have been resolved by court order terminating parental rights, or by voluntary signature on a relinquishment form, Waiver Right to Further Notice of Adoption Planning, or Denial of Paternity. The agency shall notify the parent in writing within three business days after all other parental rights have been resolved, in order to free the child for adoption. The agency may then file the relinquishment on the fifth business day after that notification has been made.(b) If the required inquiry pursuant to Section 8620 reveals that the child is, or may be, a member of, or eligible for membership in, an Indian tribe, the parent shall be advised that the agency is required to hold the signed relinquishment form until one of the following occurs:(1) At least 60 days have passed since the service of all notices required by Section 8620, not all tribal responses have been received, no tribe has indicated that the child is a member or is eligible for membership, and a court has determined that the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) does not apply, at which time the agency may file the relinquishment.(2) The agency has received a response from every tribe that received notice pursuant to Section 8620, in which case the agency shall take one of the following actions, as applicable:(A) If the tribal responses indicate that the child is not a member of, nor eligible for tribal membership in, any tribe, the agency shall notify the parent thereof in writing within three business days, and the agency may file the relinquishment on the fifth business day after that notification has been made.(B) If one or more tribal responses indicate that the child is a member of, or is eligible for membership in, a tribe, the agency shall void the relinquishment. The agency representative shall inform the parent within three business days of the voided relinquishment, and simultaneously shall inquire whether the parent wishes to proceed with relinquishment of the Indian child pursuant to Section 8606.5, or whether the parent requests the return of the Indian child, in which case the agency shall take prompt action to assist the parent with the childs return.(c) The parent is permitted to revoke the relinquishment at any time prior to the expiration of any holding period and at any time before the relinquishment form is filed by the department. If the last day of the holding period falls on a weekend or legal holiday, the time to revoke the relinquishment shall be extended to the next working day following the weekend or holiday.
SEC. 3. Section 8700.1 is added to the Family Code, to read:
### SEC. 3.
8700.1. (a) Except as provided in subdivision (b), the agency representative shall inform all parents who sign a relinquishment of the following options for the time period for filing the signed relinquishment form with the department:(1) The parent may request that the agency file the signed relinquishment form without a holding period, in which case the agency may submit the relinquishment to the department on the next business day after the parent signs the relinquishment.(2) The parent may request that the agency hold the signed relinquishment form for a specified period of up to 30 days before the agency submits it to the department for filing. This time period may be extended by written agreement of the agency and the parent.(3) The parent may request that the agency hold the signed relinquishment form until the parental rights of all other parents of the child have been resolved by court order terminating parental rights, or by voluntary signature on a relinquishment form, Waiver Right to Further Notice of Adoption Planning, or Denial of Paternity. The agency shall notify the parent in writing within three business days after all other parental rights have been resolved, in order to free the child for adoption. The agency may then file the relinquishment on the fifth business day after that notification has been made.(b) If the required inquiry pursuant to Section 8620 reveals that the child is, or may be, a member of, or eligible for membership in, an Indian tribe, the parent shall be advised that the agency is required to hold the signed relinquishment form until one of the following occurs:(1) At least 60 days have passed since the service of all notices required by Section 8620, not all tribal responses have been received, no tribe has indicated that the child is a member or is eligible for membership, and a court has determined that the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) does not apply, at which time the agency may file the relinquishment.(2) The agency has received a response from every tribe that received notice pursuant to Section 8620, in which case the agency shall take one of the following actions, as applicable:(A) If the tribal responses indicate that the child is not a member of, nor eligible for tribal membership in, any tribe, the agency shall notify the parent thereof in writing within three business days, and the agency may file the relinquishment on the fifth business day after that notification has been made.(B) If one or more tribal responses indicate that the child is a member of, or is eligible for membership in, a tribe, the agency shall void the relinquishment. The agency representative shall inform the parent within three business days of the voided relinquishment, and simultaneously shall inquire whether the parent wishes to proceed with relinquishment of the Indian child pursuant to Section 8606.5, or whether the parent requests the return of the Indian child, in which case the agency shall take prompt action to assist the parent with the childs return.(c) The parent is permitted to revoke the relinquishment at any time prior to the expiration of any holding period and at any time before the relinquishment form is filed by the department. If the last day of the holding period falls on a weekend or legal holiday, the time to revoke the relinquishment shall be extended to the next working day following the weekend or holiday.
8700.1. (a) Except as provided in subdivision (b), the agency representative shall inform all parents who sign a relinquishment of the following options for the time period for filing the signed relinquishment form with the department:(1) The parent may request that the agency file the signed relinquishment form without a holding period, in which case the agency may submit the relinquishment to the department on the next business day after the parent signs the relinquishment.(2) The parent may request that the agency hold the signed relinquishment form for a specified period of up to 30 days before the agency submits it to the department for filing. This time period may be extended by written agreement of the agency and the parent.(3) The parent may request that the agency hold the signed relinquishment form until the parental rights of all other parents of the child have been resolved by court order terminating parental rights, or by voluntary signature on a relinquishment form, Waiver Right to Further Notice of Adoption Planning, or Denial of Paternity. The agency shall notify the parent in writing within three business days after all other parental rights have been resolved, in order to free the child for adoption. The agency may then file the relinquishment on the fifth business day after that notification has been made.(b) If the required inquiry pursuant to Section 8620 reveals that the child is, or may be, a member of, or eligible for membership in, an Indian tribe, the parent shall be advised that the agency is required to hold the signed relinquishment form until one of the following occurs:(1) At least 60 days have passed since the service of all notices required by Section 8620, not all tribal responses have been received, no tribe has indicated that the child is a member or is eligible for membership, and a court has determined that the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) does not apply, at which time the agency may file the relinquishment.(2) The agency has received a response from every tribe that received notice pursuant to Section 8620, in which case the agency shall take one of the following actions, as applicable:(A) If the tribal responses indicate that the child is not a member of, nor eligible for tribal membership in, any tribe, the agency shall notify the parent thereof in writing within three business days, and the agency may file the relinquishment on the fifth business day after that notification has been made.(B) If one or more tribal responses indicate that the child is a member of, or is eligible for membership in, a tribe, the agency shall void the relinquishment. The agency representative shall inform the parent within three business days of the voided relinquishment, and simultaneously shall inquire whether the parent wishes to proceed with relinquishment of the Indian child pursuant to Section 8606.5, or whether the parent requests the return of the Indian child, in which case the agency shall take prompt action to assist the parent with the childs return.(c) The parent is permitted to revoke the relinquishment at any time prior to the expiration of any holding period and at any time before the relinquishment form is filed by the department. If the last day of the holding period falls on a weekend or legal holiday, the time to revoke the relinquishment shall be extended to the next working day following the weekend or holiday.
8700.1. (a) Except as provided in subdivision (b), the agency representative shall inform all parents who sign a relinquishment of the following options for the time period for filing the signed relinquishment form with the department:(1) The parent may request that the agency file the signed relinquishment form without a holding period, in which case the agency may submit the relinquishment to the department on the next business day after the parent signs the relinquishment.(2) The parent may request that the agency hold the signed relinquishment form for a specified period of up to 30 days before the agency submits it to the department for filing. This time period may be extended by written agreement of the agency and the parent.(3) The parent may request that the agency hold the signed relinquishment form until the parental rights of all other parents of the child have been resolved by court order terminating parental rights, or by voluntary signature on a relinquishment form, Waiver Right to Further Notice of Adoption Planning, or Denial of Paternity. The agency shall notify the parent in writing within three business days after all other parental rights have been resolved, in order to free the child for adoption. The agency may then file the relinquishment on the fifth business day after that notification has been made.(b) If the required inquiry pursuant to Section 8620 reveals that the child is, or may be, a member of, or eligible for membership in, an Indian tribe, the parent shall be advised that the agency is required to hold the signed relinquishment form until one of the following occurs:(1) At least 60 days have passed since the service of all notices required by Section 8620, not all tribal responses have been received, no tribe has indicated that the child is a member or is eligible for membership, and a court has determined that the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) does not apply, at which time the agency may file the relinquishment.(2) The agency has received a response from every tribe that received notice pursuant to Section 8620, in which case the agency shall take one of the following actions, as applicable:(A) If the tribal responses indicate that the child is not a member of, nor eligible for tribal membership in, any tribe, the agency shall notify the parent thereof in writing within three business days, and the agency may file the relinquishment on the fifth business day after that notification has been made.(B) If one or more tribal responses indicate that the child is a member of, or is eligible for membership in, a tribe, the agency shall void the relinquishment. The agency representative shall inform the parent within three business days of the voided relinquishment, and simultaneously shall inquire whether the parent wishes to proceed with relinquishment of the Indian child pursuant to Section 8606.5, or whether the parent requests the return of the Indian child, in which case the agency shall take prompt action to assist the parent with the childs return.(c) The parent is permitted to revoke the relinquishment at any time prior to the expiration of any holding period and at any time before the relinquishment form is filed by the department. If the last day of the holding period falls on a weekend or legal holiday, the time to revoke the relinquishment shall be extended to the next working day following the weekend or holiday.
8700.1. (a) Except as provided in subdivision (b), the agency representative shall inform all parents who sign a relinquishment of the following options for the time period for filing the signed relinquishment form with the department:
(1) The parent may request that the agency file the signed relinquishment form without a holding period, in which case the agency may submit the relinquishment to the department on the next business day after the parent signs the relinquishment.
(2) The parent may request that the agency hold the signed relinquishment form for a specified period of up to 30 days before the agency submits it to the department for filing. This time period may be extended by written agreement of the agency and the parent.
(3) The parent may request that the agency hold the signed relinquishment form until the parental rights of all other parents of the child have been resolved by court order terminating parental rights, or by voluntary signature on a relinquishment form, Waiver Right to Further Notice of Adoption Planning, or Denial of Paternity. The agency shall notify the parent in writing within three business days after all other parental rights have been resolved, in order to free the child for adoption. The agency may then file the relinquishment on the fifth business day after that notification has been made.
(b) If the required inquiry pursuant to Section 8620 reveals that the child is, or may be, a member of, or eligible for membership in, an Indian tribe, the parent shall be advised that the agency is required to hold the signed relinquishment form until one of the following occurs:
(1) At least 60 days have passed since the service of all notices required by Section 8620, not all tribal responses have been received, no tribe has indicated that the child is a member or is eligible for membership, and a court has determined that the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) does not apply, at which time the agency may file the relinquishment.
(2) The agency has received a response from every tribe that received notice pursuant to Section 8620, in which case the agency shall take one of the following actions, as applicable:
(A) If the tribal responses indicate that the child is not a member of, nor eligible for tribal membership in, any tribe, the agency shall notify the parent thereof in writing within three business days, and the agency may file the relinquishment on the fifth business day after that notification has been made.
(B) If one or more tribal responses indicate that the child is a member of, or is eligible for membership in, a tribe, the agency shall void the relinquishment. The agency representative shall inform the parent within three business days of the voided relinquishment, and simultaneously shall inquire whether the parent wishes to proceed with relinquishment of the Indian child pursuant to Section 8606.5, or whether the parent requests the return of the Indian child, in which case the agency shall take prompt action to assist the parent with the childs return.
(c) The parent is permitted to revoke the relinquishment at any time prior to the expiration of any holding period and at any time before the relinquishment form is filed by the department. If the last day of the holding period falls on a weekend or legal holiday, the time to revoke the relinquishment shall be extended to the next working day following the weekend or holiday.
SEC. 4. 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 an adoption request in a county authorized by Section 8609.5:(A)(1) An adult who is related to the child or the childs 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)(2) A person named in the will of a deceased parent as an intended adoptive parent where the child has no other parent.(C)(3) A person with whom a child has been placed for adoption. adoption, in which case a copy of the independent adoption placement agreement shall be attached to the petition.(D) (i)A legal guardian who has been the childs legal guardian for more than one year.(4) A person who has been the childs legal guardian for more than one year. However, if the guardian was nominated by a parent for a purpose other than adoption and 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 at least two years.(ii)(5) If the child is alleged to have been abandoned pursuant to Section 7822, a legal guardian person who has been the childs legal guardian for more than six months. The legal guardian may file a petition pursuant to Section 7822 in the same court and concurrently with a petition under this section. the adoption request.(iii)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.(6) A person named in a court order terminating parental rights as the childs legal guardian or prospective adoptive parent.(2)If the child has been placed for adoption, a copy of the adoptive placement agreement shall be attached to the petition.(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.(3)(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. the petitioner shall file the signed agreement with the court prior to finalization of the adoption.(b)(d) 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)(e) The caption of the adoption petition request shall contain the names of the petitioners, but not the childs name. The petition body of the adoption request shall state the childs sex and date of birth and the name the child had before adoption.(d)(f) If the child is the subject of a guardianship petition, the adoption petition request 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. request. 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.(e)(g) The order of adoption shall contain the childs adopted name, but not name and the name the child had before adoption.
SEC. 4. Section 8802 of the Family Code is amended to read:
### SEC. 4.
8802. (a) (1)Any of the following persons who desire to adopt a child may, for that purpose, file an adoption request in a county authorized by Section 8609.5:(A)(1) An adult who is related to the child or the childs 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)(2) A person named in the will of a deceased parent as an intended adoptive parent where the child has no other parent.(C)(3) A person with whom a child has been placed for adoption. adoption, in which case a copy of the independent adoption placement agreement shall be attached to the petition.(D) (i)A legal guardian who has been the childs legal guardian for more than one year.(4) A person who has been the childs legal guardian for more than one year. However, if the guardian was nominated by a parent for a purpose other than adoption and 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 at least two years.(ii)(5) If the child is alleged to have been abandoned pursuant to Section 7822, a legal guardian person who has been the childs legal guardian for more than six months. The legal guardian may file a petition pursuant to Section 7822 in the same court and concurrently with a petition under this section. the adoption request.(iii)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.(6) A person named in a court order terminating parental rights as the childs legal guardian or prospective adoptive parent.(2)If the child has been placed for adoption, a copy of the adoptive placement agreement shall be attached to the petition.(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.(3)(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. the petitioner shall file the signed agreement with the court prior to finalization of the adoption.(b)(d) 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)(e) The caption of the adoption petition request shall contain the names of the petitioners, but not the childs name. The petition body of the adoption request shall state the childs sex and date of birth and the name the child had before adoption.(d)(f) If the child is the subject of a guardianship petition, the adoption petition request 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. request. 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.(e)(g) The order of adoption shall contain the childs adopted name, but not name and the name the child had before adoption.
8802. (a) (1)Any of the following persons who desire to adopt a child may, for that purpose, file an adoption request in a county authorized by Section 8609.5:(A)(1) An adult who is related to the child or the childs 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)(2) A person named in the will of a deceased parent as an intended adoptive parent where the child has no other parent.(C)(3) A person with whom a child has been placed for adoption. adoption, in which case a copy of the independent adoption placement agreement shall be attached to the petition.(D) (i)A legal guardian who has been the childs legal guardian for more than one year.(4) A person who has been the childs legal guardian for more than one year. However, if the guardian was nominated by a parent for a purpose other than adoption and 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 at least two years.(ii)(5) If the child is alleged to have been abandoned pursuant to Section 7822, a legal guardian person who has been the childs legal guardian for more than six months. The legal guardian may file a petition pursuant to Section 7822 in the same court and concurrently with a petition under this section. the adoption request.(iii)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.(6) A person named in a court order terminating parental rights as the childs legal guardian or prospective adoptive parent.(2)If the child has been placed for adoption, a copy of the adoptive placement agreement shall be attached to the petition.(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.(3)(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. the petitioner shall file the signed agreement with the court prior to finalization of the adoption.(b)(d) 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)(e) The caption of the adoption petition request shall contain the names of the petitioners, but not the childs name. The petition body of the adoption request shall state the childs sex and date of birth and the name the child had before adoption.(d)(f) If the child is the subject of a guardianship petition, the adoption petition request 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. request. 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.(e)(g) The order of adoption shall contain the childs adopted name, but not name and the name the child had before adoption.
8802. (a) (1)Any of the following persons who desire to adopt a child may, for that purpose, file an adoption request in a county authorized by Section 8609.5:(A)(1) An adult who is related to the child or the childs 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)(2) A person named in the will of a deceased parent as an intended adoptive parent where the child has no other parent.(C)(3) A person with whom a child has been placed for adoption. adoption, in which case a copy of the independent adoption placement agreement shall be attached to the petition.(D) (i)A legal guardian who has been the childs legal guardian for more than one year.(4) A person who has been the childs legal guardian for more than one year. However, if the guardian was nominated by a parent for a purpose other than adoption and 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 at least two years.(ii)(5) If the child is alleged to have been abandoned pursuant to Section 7822, a legal guardian person who has been the childs legal guardian for more than six months. The legal guardian may file a petition pursuant to Section 7822 in the same court and concurrently with a petition under this section. the adoption request.(iii)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.(6) A person named in a court order terminating parental rights as the childs legal guardian or prospective adoptive parent.(2)If the child has been placed for adoption, a copy of the adoptive placement agreement shall be attached to the petition.(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.(3)(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. the petitioner shall file the signed agreement with the court prior to finalization of the adoption.(b)(d) 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)(e) The caption of the adoption petition request shall contain the names of the petitioners, but not the childs name. The petition body of the adoption request shall state the childs sex and date of birth and the name the child had before adoption.(d)(f) If the child is the subject of a guardianship petition, the adoption petition request 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. request. 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.(e)(g) The order of adoption shall contain the childs adopted name, but not name and the name the child had before adoption.
8802. (a) (1)Any of the following persons who desire to adopt a child may, for that purpose, file an adoption request in a county authorized by Section 8609.5:
(A)
(1) An adult who is related to the child or the childs 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)
(2) A person named in the will of a deceased parent as an intended adoptive parent where the child has no other parent.
(C)
(3) A person with whom a child has been placed for adoption. adoption, in which case a copy of the independent adoption placement agreement shall be attached to the petition.
(D) (i)A legal guardian who has been the childs legal guardian for more than one year.
(4) A person who has been the childs legal guardian for more than one year. However, if the guardian was nominated by a parent for a purpose other than adoption and 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 at least two years.
(ii)
(5) If the child is alleged to have been abandoned pursuant to Section 7822, a legal guardian person who has been the childs legal guardian for more than six months. The legal guardian may file a petition pursuant to Section 7822 in the same court and concurrently with a petition under this section. the adoption request.
(iii)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.
(6) A person named in a court order terminating parental rights as the childs legal guardian or prospective adoptive parent.
(2)If the child has been placed for adoption, a copy of the adoptive placement agreement shall be attached to the petition.
(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.
(3)
(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. the petitioner shall file the signed agreement with the court prior to finalization of the adoption.
(b)
(d) 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)
(e) The caption of the adoption petition request shall contain the names of the petitioners, but not the childs name. The petition body of the adoption request shall state the childs sex and date of birth and the name the child had before adoption.
(d)
(f) If the child is the subject of a guardianship petition, the adoption petition request 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. request. 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.
(e)
(g) The order of adoption shall contain the childs adopted name, but not name and the name the child had before adoption.
SEC. 5. Section 6451 of the Probate Code is amended to read:6451. (a) An Except as otherwise reflected in the final order of adoption, an adoption severs the relationship of parent and child between an adopted person and a natural parent of the adopted person unless both of the following requirements are satisfied:(1) The natural parent and the adopted person lived together at any time as parent and child, or the natural parent was married to or cohabiting with the other natural parent at the time the person was conceived and died before the persons birth.(2) The adoption was by the spouse of either of the natural parents or after the death of either of the natural parents.(b) Neither a natural parent nor a relative of a natural parent, except for a wholeblood brother or sister of the adopted person or the issue of that brother or sister, inherits from or through the adopted person on the basis of a parent and child relationship between the adopted person and the natural parent that satisfies the requirements of paragraphs (1) and (2) of subdivision (a), unless the adoption is by the spouse or surviving spouse of that parent.(c) For the purpose of this section, a prior adoptive parent and child relationship is treated as a natural parent and child relationship.
SEC. 5. Section 6451 of the Probate Code is amended to read:
### SEC. 5.
6451. (a) An Except as otherwise reflected in the final order of adoption, an adoption severs the relationship of parent and child between an adopted person and a natural parent of the adopted person unless both of the following requirements are satisfied:(1) The natural parent and the adopted person lived together at any time as parent and child, or the natural parent was married to or cohabiting with the other natural parent at the time the person was conceived and died before the persons birth.(2) The adoption was by the spouse of either of the natural parents or after the death of either of the natural parents.(b) Neither a natural parent nor a relative of a natural parent, except for a wholeblood brother or sister of the adopted person or the issue of that brother or sister, inherits from or through the adopted person on the basis of a parent and child relationship between the adopted person and the natural parent that satisfies the requirements of paragraphs (1) and (2) of subdivision (a), unless the adoption is by the spouse or surviving spouse of that parent.(c) For the purpose of this section, a prior adoptive parent and child relationship is treated as a natural parent and child relationship.
6451. (a) An Except as otherwise reflected in the final order of adoption, an adoption severs the relationship of parent and child between an adopted person and a natural parent of the adopted person unless both of the following requirements are satisfied:(1) The natural parent and the adopted person lived together at any time as parent and child, or the natural parent was married to or cohabiting with the other natural parent at the time the person was conceived and died before the persons birth.(2) The adoption was by the spouse of either of the natural parents or after the death of either of the natural parents.(b) Neither a natural parent nor a relative of a natural parent, except for a wholeblood brother or sister of the adopted person or the issue of that brother or sister, inherits from or through the adopted person on the basis of a parent and child relationship between the adopted person and the natural parent that satisfies the requirements of paragraphs (1) and (2) of subdivision (a), unless the adoption is by the spouse or surviving spouse of that parent.(c) For the purpose of this section, a prior adoptive parent and child relationship is treated as a natural parent and child relationship.
6451. (a) An Except as otherwise reflected in the final order of adoption, an adoption severs the relationship of parent and child between an adopted person and a natural parent of the adopted person unless both of the following requirements are satisfied:(1) The natural parent and the adopted person lived together at any time as parent and child, or the natural parent was married to or cohabiting with the other natural parent at the time the person was conceived and died before the persons birth.(2) The adoption was by the spouse of either of the natural parents or after the death of either of the natural parents.(b) Neither a natural parent nor a relative of a natural parent, except for a wholeblood brother or sister of the adopted person or the issue of that brother or sister, inherits from or through the adopted person on the basis of a parent and child relationship between the adopted person and the natural parent that satisfies the requirements of paragraphs (1) and (2) of subdivision (a), unless the adoption is by the spouse or surviving spouse of that parent.(c) For the purpose of this section, a prior adoptive parent and child relationship is treated as a natural parent and child relationship.
6451. (a) An Except as otherwise reflected in the final order of adoption, an adoption severs the relationship of parent and child between an adopted person and a natural parent of the adopted person unless both of the following requirements are satisfied:
(1) The natural parent and the adopted person lived together at any time as parent and child, or the natural parent was married to or cohabiting with the other natural parent at the time the person was conceived and died before the persons birth.
(2) The adoption was by the spouse of either of the natural parents or after the death of either of the natural parents.
(b) Neither a natural parent nor a relative of a natural parent, except for a wholeblood brother or sister of the adopted person or the issue of that brother or sister, inherits from or through the adopted person on the basis of a parent and child relationship between the adopted person and the natural parent that satisfies the requirements of paragraphs (1) and (2) of subdivision (a), unless the adoption is by the spouse or surviving spouse of that parent.
(c) For the purpose of this section, a prior adoptive parent and child relationship is treated as a natural parent and child relationship.
SEC. 6. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 6. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 6. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
### SEC. 6.