Basic Introduction to Step-Parent Adoptions 2010 California Conference on Self-Represented Litigants Speakers: Lucia Reyes, Levitt & Quinn Family Law Center Malea Chavez, ACCESS Center, Superior Court of California, San Francisco Betsy Lee, ACCESS Center, Superior Court of California, San Francisco
Types of Adoptions § Independent § Stepparent/Domestic Partner § Limited Consent/Second Parent Adoptions
Overview of the Adoption Process n Step 1: Adoption Request n Step 2: Home Study Investigation/Report n Step 3: Termination of Parental Rights n Step 4: Finalization Stage
Adoption Request n Relative vs. Non-Relative n Role of the Adoption Services Provider (ASP) n Court n Filing Fee
Home Study Investigation/Report n Documents Needed to Start the Case n n n Certified copies of the birth certificates, marriage certificates/RDP, divorce decrees, death certificates, and Letters of Guardianship DCFS Adoption Questionnaire(s) Conformed copy of Adoption Request n Role of the Social Worker/Investigation n Fee for Home Study Report
Termination of Parental Rights n Consent vs. Court Order n Alleged Father vs. Presumed Father
Termination of Parental Rights (continued) n Family Code Sections most commonly used for Termination of Parental Rights 7662 (alleged father) n 8604 (presumed parent) n 7820 (presumed parent) n
Termination of Parental Rights (continued) n Identify/Locate Parent(s) Due Diligence Search n Parentage Letters n Military Search n n Service (Personal, Posting or Publication)
Finalization Stage n When are you ready to proceed to finalization? n How do you schedule a hearing date? n What to expect at the finalization hearing?
Step-Parent Adoptions n What type of case to start? n Has paternity been established? Judicial determination n Voluntary declaration n Legal presumption n Parentage: Willful Failure No Parentage: Termination
Step-Parent Adoptions n Initial Intake: Important to get all information up front! n Intake forms, Declaration of Mother n n Accuracy of information n n Obtain copies of birth certificates, marriage certificates, court orders, etc. Minor’s knowledge and consent Minors over 12 must consent n Minor must attend hearing regardless of age n
Step-Parent Adoptions n Citizenship: Probation department forms will ask about immigration status n “no known status” n n Service issues: n If need to serve by posting/mailing, schedule hearings further out to complete service
Willful Failure n FC § 8604(b): absent parent has for a period of one year or more: Failed to communicate with the child AND n Failed to financially support the child n n n Paternity established Adoption Request: mark # 17 Service by posting/mailing, schedule Citation Hearing 8 weeks out Citation Hearing
Abandonment n n n FC § 7820 et seq: freeing a child from parental custody and control. Proceed with Abandonment case if can only prove one element of Willful Failure. Complex procedure Extra interview with probation department Court can appoint counsel to any party if necessary
Termination n Parentage has not been established n n n Alleged father FC § 7662 Notice to Alleged Father can initiate paternity case within 30 days of service n Father can consent (waive further notice) n Deny paternity (waive further notice) n
Termination n n Adoption Request: mark #16 Termination of Paternal Rights Wait 30 days after service before filing Termination of Paternal Rights n If posting/mailing, need to wait 60 days n No hearing – File Petition and Order will be sent by mail n
Service Issues n n Personal Service by posting and mailing Must have fee waiver n Declaration of Due Diligence n Order may take up to two weeks n Service not complete until 28 days after posting and mailing n n Service by publication
Social Study/Home Visit n n Conducted by Juvenile Probation Department in San Francisco Important for Court to coordinate with probation dept n n n Make sure case is forwarded to dept Investigation Fee: up to $200 in SF Complete all necessary forms
Adoption Hearing n n Investigation Report must be completed before court can schedule Hearing Step-parent, custodial parent and minor must attend
Tips n n n n n If proceeding by publication for multiple children with the same parents, consolidate the cases All TPR proceedings heard at the Children’s Court in Monterey Park Foreign born children must satisfy the Hague Adoption Requirements Honesty with Social Worker re criminal record (Adam Walsh Act) Consistency in names throughout documents Terminate all possible alleged & presumed parents Probation Officer Investigation with Independent Adoptions Tax Credit/Exclusion with Independent Adoptions Follow-up, Follow-up New Birth Certificate
Contact Information n n Department of Children and Family Services Independent & Stepparent Adoptions Unit 3530 Wilshire Blvd. , 4 th Floor Los Angeles, CA 90010 Tao Dam, Independent Adopt. Asst. (213)351 -0162 Raul Ortega, Stepparent Adopt. Asst. (213)351 -0163 Juvenile Probation Department City and County of San Francisco, Special Services 375 Woodside Avenue San Francisco, CA 94127 (415)753 -7582 ACCESS Center Superior Court of California, San Francisco 575 Polk Street, Room 001 San Francisco, CA 94102 Levitt & Quinn Family Law Center 1557 Beverly Blvd. Los Angeles, CA 90026 (213)482 -1800 ext. 300
Helpful Websites n n www. dss. cahwnet. gov/cdssweb/PG 164. htm (CDSS Forms) www. childsworld. ca. gov/res/pdf/ASPContact. pdf (ASP List) adoption. state. gov (Hague Adoption Info) http: //travel. state. gov/law/info/judicial_680. html ? css=print (Service of Legal Documents Abroad)
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