Basic Introduction to Step-Parent Adoptions

1. 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

2. Types of Adoptions • Independent • Stepparent/Domestic Partner • Limited Consent/Second Parent Adoptions

3. Overview of the Adoption Process • Step 1: Adoption Request • Step 2: Home Study Investigation/Report • Step 3: Termination of Parental Rights • Step 4: Finalization Stage

4. Adoption Request • Relative vs. Non-Relative • Role of the Adoption Services Provider (ASP) • Court • Filing Fee

5. Home Study Investigation/Report • Documents Needed to Start the Case • 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 • Role of the Social Worker/Investigation • Fee for Home Study Report

6. Termination of Parental Rights • Consent vs. Court Order • Alleged Father vs. Presumed Father

7. Termination of Parental Rights (continued) • Family Code Sections most commonly used for Termination of Parental Rights • 7662 (alleged father) • 8604 (presumed parent) • 7820 (presumed parent)

8. Termination of Parental Rights (continued) • Identify/Locate Parent(s) • Due Diligence Search • Parentage Letters • Military Search • Service (Personal, Posting or Publication)

9. Finalization Stage • When are you ready to proceed to finalization? • How do you schedule a hearing date? • What to expect at the finalization hearing?

10. Step-Parent Adoptions • What type of case to start? • Has paternity been established? • Judicial determination • Voluntary declaration • Legal presumption • Parentage: Willful Failure • No Parentage: Termination

11. Step-Parent Adoptions • Initial Intake: • Important to get all information up front! • Intake forms, Declaration of Mother • Accuracy of information • Obtain copies of birth certificates, marriage certificates, court orders, etc. • Minor’s knowledge and consent • Minors over 12 must consent • Minor must attend hearing regardless of age

12. Step-Parent Adoptions • Citizenship: • Probation department forms will ask about immigration status • “no known status” • Service issues: • If need to serve by posting/mailing, schedule hearings further out to complete service

13. Willful Failure • FC § 8604(b): absent parent has for a period of one year or more: • Failed to communicate with the child AND • Failed to financially support the child • Paternity established • Adoption Request: mark # 17 • Service by posting/mailing, schedule Citation Hearing 8 weeks out • Citation Hearing

14. Abandonment • 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

15. Termination • Parentage has not been established • Alleged father • FC § 7662 • Notice to Alleged Father • Father can initiate paternity case within 30 days of service • Father can consent (waive further notice) • Deny paternity (waive further notice)

16. Termination • Adoption Request: mark #16 • Termination of Paternal Rights • Wait 30 days after service before filing Termination of Paternal Rights • If posting/mailing, need to wait 60 days • No hearing – File Petition and Order will be sent by mail

17. Service Issues • Personal Service • Service by posting and mailing • Must have fee waiver • Declaration of Due Diligence • Order may take up to two weeks • Service not complete until 28 days after posting and mailing • Service by publication

18. Social Study/Home Visit • Conducted by Juvenile Probation Department in San Francisco • Important for Court to coordinate with probation dept • Make sure case is forwarded to dept • Investigation Fee: up to $200 in SF • Complete all necessary forms

19. Adoption Hearing • Investigation Report must be completed before court can schedule Hearing • Step-parent, custodial parent and minor must attend

20. Tips • 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, Follow-up • New Birth Certificate

21. Contact Information • Department of Children and Family Services Independent & Stepparent Adoptions Unit 3530 Wilshire Blvd., 4th 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

22. Helpful Websites • www.dss.cahwnet.gov/cdssweb/PG164.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/judicial_680.html?css=print (Service of Legal Documents Abroad)