AB 2845

Bill Subjects

Abstract

(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 if the child's 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 parent's criminal record prior to the felony conviction for these purposes, as specified. This bill would instead require the court to consider the parent's criminal record, without reference to the timeline of the criminal record, when making the above-described determination. Existing law requires certain individuals to 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, and specifies the contents of that report. This bill would recast and revise those provisions relating to the investigation and report, would add a social worker with the county child welfare department to the list of individuals, and would add to the required contents of the report a recommendation whether granting or denying the petition would serve the best interest of the child. The bill would authorize the court to order further investigation as it deems appropriate to the case, including, among other things, a summary of the child's past and current living circumstances and residence history and a background summary regarding each nonagency party to the case. The bill would require each party to cooperate with the investigation, as specified. By creating new duties for local officials relating to the investigation and report, the bill would impose a state-mandated local program. (2) Existing law declares that some adoptive children may benefit from contact with birth relatives, as specified, after being adopted, and that postadoption contact agreements are intended to ensure children of an achievable level of continuing contact when contact is beneficial to the children and the agreements are voluntarily executed by the parties. Existing law requires the Judicial Council to adopt rules of court and forms for motions to enforce, terminate, or modify postadoption contact agreements. This bill would additionally declare that some adoptive children may benefit from contact with nonrelative extended family members, as defined, and would also add a definition for birth relatives. The bill would recast and revise certain provisions relating to postadoption contact agreements. Existing law authorizes the court, at the time an adoption decree is entered, to grant postadoption privileges if an agreement for those privileges has been executed. This bill would instead require the court to grant postadoption contact privileges, absent a specific finding that the privileges included in the agreement are not in the best interests of the child. The bill would require each petitioner to inform the court in writing whether the petitioners have entered or plan to enter into a postadoption contact agreement. The bill would set forth related filing requirements for petitioners and adoption agencies, if applicable. In the adoption of a child who is not in the legal custody of a public agency, if a postadoption contact agreement is executed but not approved by the court prior to finalization of the adoption, the bill would require the court, at any time during the child's minority, upon the request of any signatory to the agreement or by the minor's counsel, to enter the agreement as of the date of the adoption order, unless the court finds by clear and convincing evidence that it is not in the child's best interest to do so. Under the bill, the court would have discretion to award attorney's fees and damages against a licensed private adoption agency or any petitioner that fails to remedy, within a reasonable time after notice thereof, a previous failure to comply with the filing requirements. To the extent that these provisions would create new filing duties for local officials, the bill would impose a state-mandated local program. (3) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.