This section explains that the meanings of words and phrases in this division of the family law code are determined by the definitions given in this particular part, unless it's specifically stated otherwise.
Unless the provision or context otherwise requires, the definitions in this part govern the construction of this division.
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(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
This section defines what counts as an “adoption service provider” in California. It can include licensed private adoption agencies, or individuals like licensed social workers, marriage and family therapists, and professional clinical counselors, provided they have five years of relevant experience. It also lays out conditions under which a birth parent might use independent legal counsel as an adoption service provider if there aren't enough service providers available. For a provider to be considered 'reasonably available,' they must be able to meet with the birth parent quickly, be within 100 miles, and cost no more than $500 for certain services. Lastly, if an attorney steps in as a provider, their fee for advising and witnessing signatures cannot exceed $500.
(a)CA Family Law Code § 8502(a) “Adoption service provider” means any of the following:
(1)CA Family Law Code § 8502(a)(1) A licensed private adoption agency.
(2)CA Family Law Code § 8502(a)(2) An individual who has presented satisfactory evidence to the department that the individual is a licensed clinical social worker who also has a minimum of five years of experience providing professional social work services while employed by a licensed California adoption agency or the department.
(3)CA Family Law Code § 8502(a)(3) In a state other than California, or a country other than the United States, an adoption agency licensed or otherwise approved under the laws of that state or
country, or an individual who is licensed or otherwise certified as a clinical social worker under the laws of that state or country.
(4)CA Family Law Code § 8502(a)(4) An individual who has presented satisfactory evidence to the department that the individual is a licensed marriage and family therapist who has a minimum of five years of experience providing professional adoption casework services while employed by a licensed California adoption agency or the department. The department shall review the qualifications of each individual to determine if the individual has performed professional adoption casework services for five years as required by this section while employed by a licensed California adoption agency or the department.
(5)CA Family Law Code § 8502(a)(5) An individual who has presented satisfactory evidence to the
department that the individual is a licensed professional clinical counselor who has a minimum of five years’ experience providing professional adoption casework services while employed by a licensed California adoption agency or the department. The department shall review the credentials of each individual to determine if the individual has performed professional adoption casework services as required by this paragraph.
(b)CA Family Law Code § 8502(b) If, in the case of a birth parent located in California, at least three adoption service providers are not reasonably available, or, in the case of a birth parent located outside of California or outside of the United States who has contacted at least three potential adoption service providers and been unsuccessful in obtaining the services of an adoption service provider who is reasonably available and willing to provide
services, independent legal counsel for the birth parent may serve as an adoption service provider pursuant to subdivision (e) of Section 8801.5. “Reasonably available” means that an adoption service provider is all of the following:
(1)CA Family Law Code § 8502(b)(1) Available within five days for an advisement of rights pursuant to Section 8801.5, or within 24 hours for the signing of the placement agreement pursuant to paragraph (3) of subdivision (b) of Section 8801.3.
(2)CA Family Law Code § 8502(b)(2) Within 100 miles of the birth mother.
(3)CA Family Law Code § 8502(b)(3) Available for a cost not exceeding five hundred dollars ($500) to make an advisement of rights and to witness the signing of the placement agreement.
(c)CA Family Law Code § 8502(c) If an attorney acts
as an adoption service provider, the fee to make an advisement of rights and to witness the signing of the placement agreement shall not exceed five hundred dollars ($500).
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(Amended by Stats. 2019, Ch. 115, Sec. 109. (AB 1817) Effective January 1, 2020.)
An adoptive parent is someone who has legally adopted either a child or an adult.
“Adoptive parent” means a person who has obtained an order of adoption of a minor child or, in the case of an adult adoption, an adult.
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(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
Agency adoption refers to the process of adopting a minor, not from another country, where the department or a licensed or county adoption agency is involved in the adoption process or supports the adoption request.
“Agency adoption” means the adoption of a minor, other than an intercountry adoption, in which the department, county adoption agency, or licensed adoption agency is a party to, or joins in, the adoption petition.
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(Amended by Stats. 2012, Ch. 35, Sec. 2. (SB 1013) Effective June 27, 2012.)
An 'applicant' is someone who has filled out a written application to adopt a child and is being considered by an adoption agency for the child's placement with them.
“Applicant” means a person who has submitted a written application to adopt a child from the department, county adoption agency, or licensed adoption agency and who is being considered by the adoption agency for the adoptive placement of a child.
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(Amended by Stats. 2012, Ch. 35, Sec. 3. (SB 1013) Effective June 27, 2012.)
This law defines a 'birth parent' as either the biological parent or, if the person was adopted, the adoptive parent.
“Birth parent” means the biological parent or, in the case of a person previously adopted, the adoptive parent.
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(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
This law defines a "county adoption agency" as an adoption agency that is managed by a county or by multiple counties working together.
“County adoption agency” means an adoption agency operated by a county or consortium of counties.
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(Added by Stats. 2012, Ch. 35, Sec. 4. (SB 1013) Effective June 27, 2012.)
This law specifies that when the term 'days' is used, it refers to calendar days, unless it is explicitly stated otherwise in a given situation.
“Days” means calendar days, unless otherwise specified.
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(Added by Stats. 1994, Ch. 585, Sec. 2. Effective January 1, 1995.)
A 'delegated county adoption agency' is a county agency that has agreed to offer certain adoption services outlined in another part of the law.
“Delegated county adoption agency” means a county adoption agency that has agreed to provide the services described in Chapter 3 (commencing with Section 8800) of Part 2.
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(Amended by Stats. 2012, Ch. 35, Sec. 5. (SB 1013) Effective June 27, 2012.)
This section defines the term “Department” as the State Department of Social Services.
“Department” means the State Department of Social Services.
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(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
This law defines what a "full-service adoption agency" is and outlines its responsibilities. These agencies take over care of children when parental rights are relinquished or terminated, assess involved parties, place children for adoption, and supervise these placements. They also recruit adoptive parents and can act as intermediaries in adoptions. Private agencies must be nonprofit, and to handle international adoptions, they must have certain accreditations or oversight in accordance with regulations.
(a)CA Family Law Code § 8521(a) “Full-service adoption agency” means a licensed or authorized entity engaged in the business of providing adoption services, that does all of the following:
(1)CA Family Law Code § 8521(a)(1) Assumes care, custody, and control of a child through relinquishment of the child to the agency or involuntary termination of parental rights to the child.
(2)CA Family Law Code § 8521(a)(2) Assesses the birth parents, prospective adoptive parents, or child.
(3)CA Family Law Code § 8521(a)(3) Places children for adoption.
(4)CA Family Law Code § 8521(a)(4) Supervises adoptive placements.
(5)CA Family Law Code § 8521(a)(5) Recruits prospective adoptive parents, locates children for adoption, or acts as an intermediary between the parties to an adoption.
(b)CA Family Law Code § 8521(b) Private full-service adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure to provide intercountry adoption services, a private full-service adoption agency shall be accredited by the Council on Accreditation, or supervised by an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with Section 96.29) of Part 96 of Title 22 of the Code of Federal Regulations.
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(Amended by Stats. 2023, Ch. 43, Sec. 2. (AB 120) Effective July 10, 2023.)
This law defines 'independent adoption' as a type of adoption where the adoption agencies or department are not involved in the adoption process or petition.
“Independent adoption” means the adoption of a child in which neither the department, county adoption agency, nor agency licensed by the department is a party to, or joins in, the adoption petition.
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(Amended by Stats. 2012, Ch. 35, Sec. 7. (SB 1013) Effective June 27, 2012.)
An intercountry adoption is when someone adopts a child who is born in another country, and this child can get a special U.S. immigration visa. The adoption can be finalized either in the child's home country or in California.
“Intercountry adoption” means the adoption of a foreign-born child for whom federal law makes a special immigration visa available. Intercountry adoption includes completion of the adoption in the child’s native country or completion of the adoption in this state.
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(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
This section defines what a 'licensed adoption agency' is. It refers to any agency that is officially licensed to provide certain adoption services, as outlined elsewhere in the Health and Safety Code.
“Licensed adoption agency” means any agency licensed by the department to provide the adoption services specified in paragraphs (9) and (10) of subdivision (a) of Section 1502 of the Health and Safety Code.
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(Amended by Stats. 2023, Ch. 43, Sec. 3. (AB 120) Effective July 10, 2023.)
A noncustodial adoption agency in California is a licensed nonprofit group that helps with adoptions. They assess potential adoptive parents, match them with children available for adoption, and supervise the placements in cooperation with a full-service adoption agency. They can't disrupt or remove children from these placements. These agencies also find adoptive parents and connect adoption parties. For intercountry adoptions, they need special accreditation or supervision according to federal regulations.
(a)CA Family Law Code § 8533(a) “Noncustodial adoption agency” means any licensed entity engaged in the business of providing adoption services, which does all of the following:
(1)CA Family Law Code § 8533(a)(1) Assesses the prospective adoptive parents.
(2)CA Family Law Code § 8533(a)(2) Cooperatively matches children freed for adoption, who are under the care, custody, and control of a licensed adoption agency, for adoption, with assessed and approved prospective adoptive parents.
(3)CA Family Law Code § 8533(a)(3) Cooperatively supervises adoptive placements with a full-service adoption agency, but does not disrupt a placement or remove a child from a placement.
(4)CA Family Law Code § 8533(a)(4) Recruits prospective adoptive parents, locates children for an adoption, or acts as an intermediary between the parties to an adoption.
(b)CA Family Law Code § 8533(b) Private noncustodial adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure to provide intercountry adoption services, a noncustodial adoption agency shall be accredited by the Council on Accreditation, or supervised by an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with Section 96.29) of Part 96 of Title 22 of the Code of Federal Regulations.
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(Amended by Stats. 2023, Ch. 43, Sec. 4. (AB 120) Effective July 10, 2023.)
This law explains what "place for adoption" means in independent adoptions in California. It describes when birth parents choose who will adopt their child by completing a specific adoption agreement form set by the department. This law came into effect on January 1, 1995.
“Place for adoption” means, in the case of an independent adoption, the selection of a prospective adoptive parent or parents for a child by the birth parent or parents and the completion of an adoptive placement agreement on a form prescribed by the department by the birth parent or parents placing the child with prospective adoptive parents.
This section shall become operative on January 1, 1995.
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(Repealed (Jan. 1, 1994) and added by Stats. 1993, Ch. 758, Sec. 4. Effective January 1, 1994. Section operative January 1, 1995, by its own provisions.)
The term 'prospective adoptive parent' refers to someone who has either already filed or plans to file paperwork to adopt a child or adult. This includes cases where the person is taking care of the child or plans to adopt an adult.
“Prospective adoptive parent” means a person who has filed or intends to file a petition under Part 2 (commencing with Section 8600) to adopt a child who has been or who is to be placed in the person’s physical care or a petition under Part 3 (commencing with Section 9300) to adopt an adult.
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(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
A 'qualified court investigator' is someone who works for the superior court and has the same basic qualifications as a probation officer or a county welfare worker. They are responsible for investigating cases where a stepparent wants to adopt a child or where it's necessary to decide if a child should be freed from their biological parents' custody and control.
“Qualified court investigator” means a superior court investigator with the same minimum qualifications as a probation officer or county welfare worker designated to conduct stepparent adoption investigations in stepparent adoption proceedings and proceedings to declare a minor free from parental custody and control.
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(Added by Stats. 1993, Ch. 219, Sec. 185. Effective January 1, 1994.)
A 'special needs child' is defined as one who cannot return to their parent's home due to legal reasons and has specific challenges making adoption difficult. These challenges can include being part of a sibling group, racial or language barriers, being over the age of three, or having specific medical or behavioral backgrounds. Additionally, if the child has a certified mental, emotional, or physical disability, they may be considered special needs. If an adoption cannot be arranged without financial support, and no adoptive home can be found without financial assistance, these factors further justify the need for adoption subsidies, unless the child already has strong emotional ties with prospective parents from their time in foster care.
“Special needs child” means a child for whom all of the following are true:
(a)CA Family Law Code § 8545(a) It has been determined that the child cannot or should not be returned to the parent’s home, as evidenced by a petition for termination of parental rights, a court order terminating parental rights, or a signed relinquishment.
(b)CA Family Law Code § 8545(b) The child has at least one of the following characteristics that is a barrier to adoption:
(1)CA Family Law Code § 8545(b)(1) Adoptive placement without financial assistance is unlikely because of membership in a sibling group that should remain intact, or by virtue of race, ethnicity, color, language, age of
three years or older, or parental background of a medical or behavioral nature that can be determined to adversely affect the development of the child.
(2)CA Family Law Code § 8545(b)(2) Adoptive placement without financial assistance is unlikely because the child has a mental, physical, emotional, or medical disability that has been certified by a licensed professional competent to make an assessment and operating within the scope of that person’s profession. This paragraph shall also apply to children with a developmental disability as defined in subdivision (a) of Section 4512 of the Welfare and Institutions Code, including those determined to require out-of-home nonmedical care as described in Section 11464 of the Welfare and Institutions Code.
(c)CA Family Law Code § 8545(c) The need for adoption subsidy is evidenced by an unsuccessful
search for an adoptive home to take the child without financial assistance, as documented in the case file of the prospective adoptive child. The requirement for this search shall be waived when it would be against the best interest of the child because of the existence of significant emotional ties with prospective adoptive parents while in the care of these persons as a foster child.
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(Amended by Stats. 2019, Ch. 115, Sec. 110. (AB 1817) Effective January 1, 2020.)
This law defines 'stepparent adoption' as a situation where a stepparent adopts their stepchild while the child's other birth parent still keeps custody and control of the child.
“Stepparent adoption” means an adoption of a child by a stepparent where one birth parent retains custody and control of the child.
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(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)