Caroline Menjivar

Existing law governs the adoption of unmarried minors. Existing law grants a court of this state with jurisdiction of adoption proceedings for minors in specified circumstances, including, among others, when the minor and the prospective adoptive parent are physically present in this state and the minor has been abandoned or it is necessary in an emergency to protect the minor because the minor has been subjected to or threatened with mistreatment or abuse or is otherwise neglected.

 This bill would expand the court's jurisdiction to include adoption proceedings for California-born minors when (1) proceedings to free the minor from the custody and control of one or both parents are not required to make the minor available for adoption and (2) the proceedings to free the minor from the custody and control of one or both parents to make the minor available for adoption are being brought in this state. The bill would clarify that the above provisions do not limit jurisdiction that is otherwise permitted under the Interstate Compact on the Placement of Children. The bill would also require an adoption order issued for unmarried minors to include the names of the adoptive parent or parents and any existing parent or parents who will maintain their parental rights after the finalization of the adoption.

Existing law sets forth the procedures for completing an independent adoption, including an investigation and a report by the State Department of Social Services or the delegated county adoption agency on the proposed independent adoption, as specified. For investigations involving petitioners who are residents of a state other than California, existing law requires a review of an updated and current home study report that was conducted and approved by a licensed adoption agency or other authorized resource in the state in which the petitioner resides if the standards and criteria for the home study report in the other state are substantially commensurate with the standards and criteria established in California adoption regulations.

This bill would require a petitioner to be responsible for providing any additional documentation or information necessary to complete the investigation described above if the out-of-state home study report is not substantially commensurate with California standards or is otherwise missing required information.