Basic Introduction to Step-Parent Basic Introduction to Step-Parent AdoptionsAdoptions

2010 California Conference on 2010 California Conference on Self-Represented LitigantsSelf-Represented Litigants

Speakers:Lucia Reyes, Levitt & Quinn Family Law CenterMalea Chavez, ACCESS Center, Superior Court of California, San FranciscoBetsy Lee, ACCESS Center, Superior Court of California, San Francisco

Types of AdoptionsTypes of Adoptions

IndependentIndependent

Stepparent/Domestic PartnerStepparent/Domestic Partner

Limited Consent/Second Parent Limited Consent/Second Parent AdoptionsAdoptions

Overview of the Adoption ProcessOverview of the Adoption Process

Step 1: Adoption RequestStep 1: Adoption Request

Step 2: Home Study Step 2: Home Study Investigation/ReportInvestigation/Report

Step 3: Termination of Parental RightsStep 3: Termination of Parental Rights

Step 4: Finalization StageStep 4: Finalization Stage

Adoption RequestAdoption Request

Relative vs. Non-RelativeRelative vs. Non-Relative Role of the Adoption Services Provider (ASP)Role of the Adoption Services Provider (ASP)

Court Court

Filing FeeFiling Fee

Home Study Investigation/ReportHome Study Investigation/Report

Documents Needed to Start the CaseDocuments Needed to Start the Case Certified copies of the birth certificates, Certified copies of the birth certificates,

marriage certificates/RDP, divorce decrees, marriage certificates/RDP, divorce decrees, death certificates, and Letters of Guardianship death certificates, and Letters of Guardianship

DCFS Adoption Questionnaire(s)DCFS Adoption Questionnaire(s) Conformed copy of Adoption RequestConformed copy of Adoption Request

Role of the Social Worker/InvestigationRole of the Social Worker/Investigation

Fee for Home Study Report Fee for Home Study Report

Termination of Parental RightsTermination of Parental Rights

Consent vs. Court OrderConsent vs. Court Order

Alleged Father vs. Presumed FatherAlleged Father vs. Presumed Father

Termination of Parental Rights Termination of Parental Rights (continued)(continued)

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

Termination of Parental Rights Termination of Parental Rights (continued)(continued)

Identify/Locate Parent(s)Identify/Locate Parent(s) Due Diligence SearchDue Diligence Search Parentage LettersParentage Letters Military SearchMilitary Search

Service (Personal, Posting or Service (Personal, Posting or Publication)Publication)

Finalization StageFinalization Stage

When are you ready to proceed to When are you ready to proceed to finalization?finalization?

How do you schedule a hearing date?How do you schedule a hearing date?

What to expect at the finalization What to expect at the finalization hearing?hearing?

Step-Parent AdoptionsStep-Parent Adoptions

What type of case to start?What type of case to start?

Has paternity been established?Has paternity been established? Judicial determinationJudicial determination Voluntary declarationVoluntary declaration Legal presumptionLegal presumption

Parentage: Willful FailureParentage: Willful Failure No Parentage: TerminationNo Parentage: Termination

Step-Parent AdoptionsStep-Parent Adoptions

Initial Intake:Initial Intake: Important to get all information up front!Important to get all information up front! Intake forms, Declaration of MotherIntake forms, Declaration of Mother

Accuracy of informationAccuracy of information Obtain copies of birth certificates, Obtain copies of birth certificates,

marriage certificates, court orders, etc.marriage certificates, court orders, etc. Minor’s knowledge and consentMinor’s knowledge and consent

Minors over 12 must consentMinors over 12 must consent Minor must attend hearing regardless of Minor must attend hearing regardless of

ageage

Step-Parent AdoptionsStep-Parent Adoptions

Citizenship:Citizenship: Probation department forms will ask Probation department forms will ask

about immigration statusabout immigration status ““no known status”no known status”

Service issues:Service issues: If need to serve by posting/mailing, If need to serve by posting/mailing,

schedule hearings further out to schedule hearings further out to complete servicecomplete service

Willful FailureWillful Failure

FC FC § 8604(b): absent parent has for a § 8604(b): absent parent has for a period of one year or more:period of one year or more: Failed to communicate with the child ANDFailed to communicate with the child AND Failed to financially support the child Failed to financially support the child

Paternity establishedPaternity established Adoption Request: mark # 17 Adoption Request: mark # 17 Service by posting/mailing, schedule Service by posting/mailing, schedule

Citation Hearing 8 weeks outCitation Hearing 8 weeks out Citation HearingCitation Hearing

AbandonmentAbandonment

FC FC § 7820 et seq: freeing a child from § 7820 et seq: freeing a child from parental custody and control.parental custody and control.

Proceed with Abandonment case if can Proceed with Abandonment case if can only prove one element of Willful Failure.only prove one element of Willful Failure.

Complex procedureComplex procedure Extra interview with probation Extra interview with probation

departmentdepartment Court can appoint counsel to any party if Court can appoint counsel to any party if

necessarynecessary

TerminationTermination

Parentage has not been establishedParentage has not been established Alleged fatherAlleged father

FC FC § 7662§ 7662 Notice to Alleged FatherNotice to Alleged Father

Father can initiate paternity case within Father can initiate paternity case within 30 days of service30 days of service

Father can consent (waive further Father can consent (waive further notice)notice)

Deny paternity (waive further notice)Deny paternity (waive further notice)

TerminationTermination

Adoption Request: mark #16Adoption Request: mark #16 Termination of Paternal RightsTermination of Paternal Rights

Wait 30 days after service before filing Wait 30 days after service before filing Termination of Paternal RightsTermination of Paternal Rights

If posting/mailing, need to wait 60 daysIf posting/mailing, need to wait 60 days No hearing – File Petition and Order will No hearing – File Petition and Order will

be sent by mailbe sent by mail

Service IssuesService Issues

Personal ServicePersonal Service Service by posting and mailingService by posting and mailing

Must have fee waiverMust have fee waiver Declaration of Due DiligenceDeclaration of Due Diligence Order may take up to two weeksOrder may take up to two weeks Service not complete until 28 days after Service not complete until 28 days after

posting and mailingposting and mailing Service by publicationService by publication

Social Study/Home VisitSocial Study/Home Visit

Conducted by Juvenile Probation Conducted by Juvenile Probation Department in San FranciscoDepartment in San Francisco

Important for Court to coordinate Important for Court to coordinate with probation deptwith probation dept Make sure case is forwarded to deptMake sure case is forwarded to dept

Investigation Fee: up to $200 in SFInvestigation Fee: up to $200 in SF Complete all necessary formsComplete all necessary forms

Adoption HearingAdoption Hearing

Investigation Report must be Investigation Report must be completed before court can schedule completed before court can schedule HearingHearing

Step-parent, custodial parent and Step-parent, custodial parent and minor must attendminor must attend

TipsTips If proceeding by publication for multiple children with the If proceeding by publication for multiple children with the

same parents, consolidate the casessame parents, consolidate the cases All TPR proceedings heard at the Children’s Court in All TPR proceedings heard at the Children’s Court in

Monterey ParkMonterey Park Foreign born children must satisfy the Hague Adoption Foreign born children must satisfy the Hague Adoption

RequirementsRequirements Honesty with Social Worker re criminal record (Adam Walsh Honesty with Social Worker re criminal record (Adam Walsh

Act)Act) Consistency in names throughout documentsConsistency in names throughout documents Terminate all possible alleged & presumed parentsTerminate all possible alleged & presumed parents Probation Officer Investigation with Independent AdoptionsProbation Officer Investigation with Independent Adoptions Tax Credit/Exclusion with Independent AdoptionsTax Credit/Exclusion with Independent Adoptions Follow-up, Follow-up, Follow-upFollow-up, Follow-up, Follow-up New Birth CertificateNew Birth Certificate

Contact InformationContact Information Department of Children and Family ServicesDepartment of Children and Family Services

Independent & Stepparent Adoptions UnitIndependent & Stepparent Adoptions Unit3530 Wilshire Blvd., 4th Floor3530 Wilshire Blvd., 4th FloorLos Angeles, CA 90010Los Angeles, CA 90010Tao Dam, Independent Adopt. Asst. (213)351-0162Tao Dam, Independent Adopt. Asst. (213)351-0162Raul Ortega, Stepparent Adopt. Asst. (213)351-0163Raul Ortega, Stepparent Adopt. Asst. (213)351-0163

Juvenile Probation DepartmentJuvenile Probation DepartmentCity and County of San Francisco, Special ServicesCity and County of San Francisco, Special Services375 Woodside Avenue375 Woodside AvenueSan Francisco, CA 94127San Francisco, CA 94127(415)753-7582(415)753-7582

ACCESS CenterACCESS CenterSuperior Court of California, San FranciscoSuperior Court of California, San Francisco575 Polk Street, Room 001575 Polk Street, Room 001San Francisco, CA 94102San Francisco, CA 94102

Levitt & Quinn Family Law CenterLevitt & Quinn Family Law Center1557 Beverly Blvd.1557 Beverly Blvd.Los Angeles, CA 90026Los Angeles, CA 90026(213)482-1800 ext. 300(213)482-1800 ext. 300

Helpful WebsitesHelpful Websites

www.dss.cahwnet.gov/cdssweb/PG164.htm (CDSS www.dss.cahwnet.gov/cdssweb/PG164.htm (CDSS Forms)Forms)

www.childsworld.ca.gov/res/pdf/ASPContact.pdf www.childsworld.ca.gov/res/pdf/ASPContact.pdf (ASP List)(ASP List)

adoption.state.gov (Hague Adoption Info)adoption.state.gov (Hague Adoption Info)

http://travel.state.gov/law/info/judicial/http://travel.state.gov/law/info/judicial/judicial_680.html?css=printjudicial_680.html?css=print (Service of Legal (Service of Legal Documents Abroad)Documents Abroad)