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CALIFORNIA CALIFORNIA FAMILY LAW FOR FAMILY LAW FOR PARALEGALS, 5 PARALEGALS, 5 th th Ed. Ed. Chapter Two Chapter Two Parents and Children Parents and Children

CALIFORNIA FAMILY LAW FOR PARALEGALS, 5 th Ed. Chapter Two Parents and Children

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Page 1: CALIFORNIA FAMILY LAW FOR PARALEGALS, 5 th Ed. Chapter Two Parents and Children

CALIFORNIA CALIFORNIA FAMILY LAW FAMILY LAW

FOR FOR PARALEGALS, 5PARALEGALS, 5thth

Ed.Ed.Chapter TwoChapter TwoParents and ChildrenParents and Children

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A. INTRODUCTIONA. INTRODUCTION As mentioned earlier, with the advent of the As mentioned earlier, with the advent of the

Family Code in 1994 came a restructuring of the Family Code in 1994 came a restructuring of the many various code sections dealing with the area many various code sections dealing with the area of family law.of family law.

In the course of this reorganization, the new In the course of this reorganization, the new Family Code was divided into multiple Divisions.Family Code was divided into multiple Divisions.

Four of those Divisions are discussed in this and Four of those Divisions are discussed in this and the following chapters: Division 11, “Minors” the following chapters: Division 11, “Minors” (sections 6500 to 7143), Division 12, “Parent and (sections 6500 to 7143), Division 12, “Parent and Child Relationships” (sections 7500 to 7952), Child Relationships” (sections 7500 to 7952), Division 8, “Custody of Children” (sections 3000 Division 8, “Custody of Children” (sections 3000 to 3465), and Division 13, “Adoption” (sections to 3465), and Division 13, “Adoption” (sections 8500 to 9340).8500 to 9340).

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B. MINORSB. MINORS An adult is anyone who is 18 years or older, An adult is anyone who is 18 years or older,

and a minor is anyone who is under 18 years of and a minor is anyone who is under 18 years of age.age.

It is specifically expressed that the state, in its It is specifically expressed that the state, in its position of parens patriae is charged with a position of parens patriae is charged with a continuing interest in the welfare of minor continuing interest in the welfare of minor children within its borders.children within its borders.

Under the so-called “birthday rule,” a person Under the so-called “birthday rule,” a person obtains a certain age on the first minute of his obtains a certain age on the first minute of his birthday; it has recently been held that “absent birthday; it has recently been held that “absent an expression of contrary legislative intent, this an expression of contrary legislative intent, this rule generally applies to all statutory rule generally applies to all statutory calculations of age.”calculations of age.”

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1. CIVIL LIABILITY 1. CIVIL LIABILITY EXPOSUREEXPOSURE

In the context of civil actions, a minor can In the context of civil actions, a minor can prosecute a civil action to enforce her rights, prosecute a civil action to enforce her rights, the only proviso being that the action must be the only proviso being that the action must be maintained by the minor’s parent or adult maintained by the minor’s parent or adult guardian.guardian.

A minor is also capable of being held civilly A minor is also capable of being held civilly liable for a wrong she may have done, but is liable for a wrong she may have done, but is only liable for punitive damages if at the time only liable for punitive damages if at the time she did the act she knew that what she was she did the act she knew that what she was doing was wrong.doing was wrong.

Not only will the parents potentially be liable Not only will the parents potentially be liable for the torts of their children, but the children for the torts of their children, but the children can become liable as well.can become liable as well.

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1. CIVIL LIABILITY 1. CIVIL LIABILITY EXPOSUREEXPOSURE

Generally speaking, before parents may be held Generally speaking, before parents may be held responsible for damages caused by one of their responsible for damages caused by one of their children, “it must be shown that the parents as children, “it must be shown that the parents as reasonable persons previously became aware of reasonable persons previously became aware of habits or tendencies of the infant which made it habits or tendencies of the infant which made it likely that the child would misbehave so that likely that the child would misbehave so that they should have restrained him in opposite they should have restrained him in opposite conduct and actions, that is, the evidence must conduct and actions, that is, the evidence must show that they had a duty as reasonable show that they had a duty as reasonable persons to restrain the child from the use of the persons to restrain the child from the use of the implements in question.”implements in question.”

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1. CIVIL LIABILITY 1. CIVIL LIABILITY EXPOSUREEXPOSURE

Mere parenthood alone will not make the Mere parenthood alone will not make the parent liable for torts committed by their parent liable for torts committed by their children, even while in the parent’s children, even while in the parent’s control and custody.control and custody.

Of course, the conduct of the parent in Of course, the conduct of the parent in the totality of the circumstances will be the totality of the circumstances will be reviewed by the trier of fact and, if that reviewed by the trier of fact and, if that conduct is found to be negligent, then the conduct is found to be negligent, then the parent himself will face potential liability parent himself will face potential liability for his own actions.for his own actions.

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2. CONTRACTS2. CONTRACTS While the law recognizes a minor’s right to While the law recognizes a minor’s right to

enter into contracts that are legally binding on enter into contracts that are legally binding on both the minor and the other party, the minor both the minor and the other party, the minor is given the right to is given the right to disaffirmdisaffirm that contract, that contract, thus terminating his obligation for further thus terminating his obligation for further performance.performance.

The general purpose behind this legislation is The general purpose behind this legislation is to protect minors from themselves, due to their to protect minors from themselves, due to their assumed lack of experience as well as the assumed lack of experience as well as the perceived tendency of adults to take advantage perceived tendency of adults to take advantage of minors.of minors.

The contract must, however, be disaffirmed The contract must, however, be disaffirmed before the minor reaches the age of 18 or before the minor reaches the age of 18 or “within a reasonable time afterwards.”“within a reasonable time afterwards.”

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2. CONTRACTS2. CONTRACTS A minor is not allowed to disaffirm an A minor is not allowed to disaffirm an

obligation that is entered into under the obligation that is entered into under the express authority of a statute and cannot express authority of a statute and cannot disaffirm a contract for the “necessities of life.”disaffirm a contract for the “necessities of life.”

This is generally meant to include food, This is generally meant to include food, clothing, shelter and health services.clothing, shelter and health services.

A special group of statutes has been A special group of statutes has been established to regulate minors’ contracts in the established to regulate minors’ contracts in the areas of art, entertainment, and professional areas of art, entertainment, and professional sports.sports.

Because of the nature of these types of Because of the nature of these types of contracts and the potential for exploitation of contracts and the potential for exploitation of children in those businesses, this is a heavily children in those businesses, this is a heavily regulated subject.regulated subject.

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3. MEDICAL 3. MEDICAL TREATMENTTREATMENT

In general, and subject to certain statutory In general, and subject to certain statutory exceptions, a minor is allowed to consent to exceptions, a minor is allowed to consent to medical or dental care without first obtaining medical or dental care without first obtaining the consent of a parent or guardianthe consent of a parent or guardian

Before a minor is capable of giving the Before a minor is capable of giving the consent contemplated in these sections he or consent contemplated in these sections he or she must:she must:

be 15 years or older;be 15 years or older; be living separate and apart from parents or be living separate and apart from parents or

legal guardians;legal guardians; and be the sole manager of his or her and be the sole manager of his or her

financial affairs, regardless of the source of financial affairs, regardless of the source of those funds.those funds.

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3. MEDICAL 3. MEDICAL TREATMENTTREATMENT

See example on page 39.See example on page 39. The providing physician is usually under The providing physician is usually under

the expectation to attempt to contact the the expectation to attempt to contact the minor’s parents, but is not required to minor’s parents, but is not required to do so.do so.

The basic purpose is to get these minors The basic purpose is to get these minors the medical and counseling treatment the medical and counseling treatment they require as soon as possible, they require as soon as possible, worrying about the effects of this action worrying about the effects of this action on the parents once the needed care has on the parents once the needed care has begun.begun.

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4. EMANCIPATED 4. EMANCIPATED MINORSMINORS

In order to become an emancipated minor, one of In order to become an emancipated minor, one of three circumstances must be present: the minor three circumstances must be present: the minor has entered into a valid marriage, is on active has entered into a valid marriage, is on active duty in the armed forces, or has received a duty in the armed forces, or has received a declaration of emancipation pursuant to the declaration of emancipation pursuant to the Emancipation of Minors Law.Emancipation of Minors Law.

As such, a minor can become emancipated either As such, a minor can become emancipated either by requesting same from the court or by taking a by requesting same from the court or by taking a direction in life (marriage or enlistment) that will direction in life (marriage or enlistment) that will result in emancipation.result in emancipation.

The effect of emancipation is that the minor is The effect of emancipation is that the minor is now, for all practical purposes treated as an now, for all practical purposes treated as an adult.adult.

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4. EMANCIPATION OF 4. EMANCIPATION OF MINORSMINORS

A petition for emancipation is prepared and A petition for emancipation is prepared and served upon the minor’s parents (or legal served upon the minor’s parents (or legal guardians), thus giving them notice of the guardians), thus giving them notice of the minor’s desire to become emancipated.minor’s desire to become emancipated.

The minor is the petitioning party, and that The minor is the petitioning party, and that document must allege that the minor (1) is at document must allege that the minor (1) is at least 14 years old, (2) is living “separate and least 14 years old, (2) is living “separate and apart” from his parents, apart” from his parents, with their consentwith their consent, and , and (3) must be managing his own finances.(3) must be managing his own finances.

If the facts are adequately proven, the court will If the facts are adequately proven, the court will issue its declaration of emancipation, which issue its declaration of emancipation, which becomes becomes conclusive evidenceconclusive evidence that the minor is that the minor is emancipated.emancipated.

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C. PARENT AND CHILD C. PARENT AND CHILD RELATIONSHIPSRELATIONSHIPS

The legislature has instructed that the state The legislature has instructed that the state has a duty to protect children from abuses has a duty to protect children from abuses of parental authority and that the rights of of parental authority and that the rights of parenthood are not absolute and are parenthood are not absolute and are subject to the superior right of the state to subject to the superior right of the state to intervene and protect the child against the intervene and protect the child against the use of parental authority, subject to the use of parental authority, subject to the caveat that the state may not caveat that the state may not constitutionally interfere with the “natural constitutionally interfere with the “natural liberty of parents to direct the upbringing liberty of parents to direct the upbringing of their children.”of their children.”

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1. THE PATERNITY 1. THE PATERNITY ACTIONACTION

The Family Code commences the inquiry into The Family Code commences the inquiry into paternity by recognizing a “conclusive paternity by recognizing a “conclusive presumption” of paternity in the husband of a presumption” of paternity in the husband of a cohabitating wife who, while living with him, cohabitating wife who, while living with him, gives birth to a child (assuming the husband is gives birth to a child (assuming the husband is neither impotent or sterile).neither impotent or sterile).

Interestingly, then, if a wife who is living with her Interestingly, then, if a wife who is living with her husband enters into an extramarital relationship, husband enters into an extramarital relationship, becomes pregnant from the affair, and gives becomes pregnant from the affair, and gives birth, her husband will birth, her husband will conclusivelyconclusively be deemed to be deemed to be that child’s father, regardless of the reality of be that child’s father, regardless of the reality of the situation.the situation.

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1. THE PATERNITY 1. THE PATERNITY ACTIONACTION

This situation can have devastating results This situation can have devastating results for both the husband for both the husband andand the natural father. the natural father.

The nature of this presumption is to The nature of this presumption is to preserve the “sanctity of the marital preserve the “sanctity of the marital relationship and the unified family.”relationship and the unified family.”

The concept is generally perceived as being The concept is generally perceived as being substantively related to the “fact” that the substantively related to the “fact” that the child is conceived and “brought into” an child is conceived and “brought into” an existing marriage.existing marriage.

See Brian C. v. Ginger K. on page 43.See Brian C. v. Ginger K. on page 43.

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1. THE PATERNITY 1. THE PATERNITY ACTIONACTION

This presumption can generally be rebutted This presumption can generally be rebutted in two ways:in two ways:

1. The husband may use biological tests to 1. The husband may use biological tests to rebut this presumption if he brings the case rebut this presumption if he brings the case to do so within two years of the birth of the to do so within two years of the birth of the child; orchild; or

2. The wife may use biological tests to rebut 2. The wife may use biological tests to rebut the presumption if the case is brought within the presumption if the case is brought within two years of the birth of the child and wife two years of the birth of the child and wife provides an affidavit on who the actual provides an affidavit on who the actual biological father is.biological father is.

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1. THE PATERNITY 1. THE PATERNITY ACTIONACTION

Section 7541 of the Code seems to Section 7541 of the Code seems to provide some relief in these provide some relief in these circumstances.circumstances.

This section authorizes the court to This section authorizes the court to ignore this presumption if the ignore this presumption if the evidence produced by the use of blood evidence produced by the use of blood tests demonstrates that the husband tests demonstrates that the husband is not the child’s father.is not the child’s father.

There are very strict time limitations.There are very strict time limitations.

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1. THE PATERNITY 1. THE PATERNITY ACTIONACTION

The husband must file his notice of motion The husband must file his notice of motion for blood tests within two years of the child’s for blood tests within two years of the child’s birth.birth.

If he waits beyond this period of time, he will If he waits beyond this period of time, he will always be the child’s always be the child’s presumed fatherpresumed father and and will be treated accordingly (just as the child’s will be treated accordingly (just as the child’s “natural father”).“natural father”).

The wife may also avail herself of this Code The wife may also avail herself of this Code section, typically to refute a natural father’s section, typically to refute a natural father’s attempt to gain recognition or to refute the attempt to gain recognition or to refute the child’s father.child’s father.

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1. THE PATERNITY 1. THE PATERNITY ACTIONACTION

Another conclusive presumption of Another conclusive presumption of paternity is found in Family Code sections paternity is found in Family Code sections 7570 to 7577, which describe the 7570 to 7577, which describe the procedure known as establishing procedure known as establishing paternity by voluntary declaration.paternity by voluntary declaration.

See sections 7570 and 7571 on page 45.See sections 7570 and 7571 on page 45. The presumption created by this The presumption created by this

declaration can also be rebutted within declaration can also be rebutted within three years of its making, but only by three years of its making, but only by persons contemplated in section 7541, persons contemplated in section 7541, that is, the husband and wife.that is, the husband and wife.

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1. THE PATERNITY 1. THE PATERNITY ACTIONACTION

An additional presumption of paternity is An additional presumption of paternity is found in Family Code section 7611, which found in Family Code section 7611, which recognizes a man as the presumed father of a recognizes a man as the presumed father of a child if he is found to be so under section 7540 child if he is found to be so under section 7540 or if he meets any of the following criteria:or if he meets any of the following criteria:

See section 7611 on page 46.See section 7611 on page 46. The presumption created by section 7611 is The presumption created by section 7611 is

merely “rebuttable” (not “conclusive), and merely “rebuttable” (not “conclusive), and cannot operate to defeat any of the other cannot operate to defeat any of the other presumptions discussed above.presumptions discussed above.

The tests to determine paternity now include The tests to determine paternity now include actual genetic testing of the DNA of the actual genetic testing of the DNA of the pertinent parties.pertinent parties.

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1. THE PATERNITY 1. THE PATERNITY ACTIONACTION

The designation of “presumed father” The designation of “presumed father” contained in section 7611 is very important.contained in section 7611 is very important.

Without such a designation, a man will be Without such a designation, a man will be precluded from bringing a paternity action, precluded from bringing a paternity action, regardless of his actual paternal status.regardless of his actual paternal status.

The paternity action contemplated by this The paternity action contemplated by this chapter may be commenced by the mother, chapter may be commenced by the mother, any presumed (or potential) father, the any presumed (or potential) father, the child, or (under certain circumstances) the child, or (under certain circumstances) the district attorney.district attorney.

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2. TERMINATION OF 2. TERMINATION OF PARENTAL RIGHTSPARENTAL RIGHTS

Under certain circumstances, if the mother Under certain circumstances, if the mother wishes to place her child up for adoption she wishes to place her child up for adoption she must, among other things, notify any must, among other things, notify any individuals who either qualify as presumed individuals who either qualify as presumed fathers or who could in fact be the father of fathers or who could in fact be the father of the child prior to allowing the child to be the child prior to allowing the child to be given up for adoption.given up for adoption.

If the court cannot identify any possible If the court cannot identify any possible natural father and no one has presented natural father and no one has presented themselves to the court claiming to be the themselves to the court claiming to be the natural father, then the court will simply natural father, then the court will simply enter an order terminating the unknown enter an order terminating the unknown father’s parental right, thus allowing the father’s parental right, thus allowing the adoption proceeding to go forward.adoption proceeding to go forward.

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2. TERMINATION OF 2. TERMINATION OF PARENTAL RIGHTSPARENTAL RIGHTS

See sections 7800 and 7801 on page 54.See sections 7800 and 7801 on page 54. The circumstances under which this type of The circumstances under which this type of

proceeding would most likely be brought are proceeding would most likely be brought are those concerning: an abandoned child, those concerning: an abandoned child, neglect or cruel treatment of a child, a neglect or cruel treatment of a child, a parent disabled due to alcohol or controlled parent disabled due to alcohol or controlled substances or “moral depravity,” a parent substances or “moral depravity,” a parent convicted of a felony, a parent declared convicted of a felony, a parent declared developmentally disabled or mentally ill, etc.developmentally disabled or mentally ill, etc.

The procedure for terminating parental The procedure for terminating parental rights is commenced by a petition, which is rights is commenced by a petition, which is filed by either a private or public adoption filed by either a private or public adoption agency, including a state or county agency.agency, including a state or county agency.

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2. TERMINATION OF 2. TERMINATION OF PARENTAL RIGHTSPARENTAL RIGHTS

At the hearing, the fundamental consideration At the hearing, the fundamental consideration of the court is the determination of the best of the court is the determination of the best interests of the minor child.interests of the minor child.

Keeping in mind the age of the child, the court Keeping in mind the age of the child, the court may consult with the child in chambers (in may consult with the child in chambers (in private), provided that he is at least ten years private), provided that he is at least ten years of age, in an attempt to determine the child’s of age, in an attempt to determine the child’s wishes and feelings with respect to this matter.wishes and feelings with respect to this matter.

Once parental care and control of the minor Once parental care and control of the minor child has been terminated, that child must be child has been terminated, that child must be placed in a foster home or some other suitable placed in a foster home or some other suitable placement.placement.

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3. ADOPTION3. ADOPTION

The superior court has exclusive jurisdiction The superior court has exclusive jurisdiction over an adoption proceeding, the end result over an adoption proceeding, the end result of which is to designate a nonparent third of which is to designate a nonparent third party as the minor child’s parent.party as the minor child’s parent.

An individual who adopts a minor child An individual who adopts a minor child quite literally takes the place of the child’s quite literally takes the place of the child’s natural parents and assumes all the rights natural parents and assumes all the rights and obligations pertinent to that and obligations pertinent to that relationship.relationship.

The child’s relationship with the natural The child’s relationship with the natural parent is severed, and that parent’s rights parent is severed, and that parent’s rights are terminated fully and finally forever.are terminated fully and finally forever.

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3. ADOPTION3. ADOPTION

Similarly, once an adoption has taken place Similarly, once an adoption has taken place the natural parent has no further duty, the natural parent has no further duty, obligation, or right to provide support, care, obligation, or right to provide support, care, upbringing, or engage in any aspect upbringing, or engage in any aspect whatsoever of the minor child’s life.whatsoever of the minor child’s life.

Adoption proceedings can commence either Adoption proceedings can commence either at the request of one (or both) of the natural at the request of one (or both) of the natural parents or can be instituted by the court (or parents or can be instituted by the court (or other governmental agency) by its own other governmental agency) by its own motion in proceedings to terminate parental motion in proceedings to terminate parental rights.rights.

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3. ADOPTION3. ADOPTION

The Family Code specifically grants The Family Code specifically grants birth parents the right to relinquish birth parents the right to relinquish their child for adoption to a licensed their child for adoption to a licensed adoption agency or adoption adoption agency or adoption department.department.

These birth parents also have the right These birth parents also have the right to name the person or persons with to name the person or persons with whom placement by the department or whom placement by the department or licensed adoption agency is intended.licensed adoption agency is intended.

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3. ADOPTION3. ADOPTION

The process of petitioning the court for adoption The process of petitioning the court for adoption is actually not commenced by the adoption is actually not commenced by the adoption agency, notwithstanding the fact that it, following agency, notwithstanding the fact that it, following relinquishment or termination of parental rights, relinquishment or termination of parental rights, maintains the exclusive custodial right over the maintains the exclusive custodial right over the child.child.

Instead, the petition to adopt a child who is Instead, the petition to adopt a child who is relinquished to a department or licensed adoption relinquished to a department or licensed adoption agency is brought by the prospective adoptive agency is brought by the prospective adoptive parents with whom the child has been placed.parents with whom the child has been placed.

The specific procedural aspects of filing a petition The specific procedural aspects of filing a petition for adoption are set forth in Family Code section for adoption are set forth in Family Code section 8714.8714.

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4. INDEPENDENT 4. INDEPENDENT ADOPTIONSADOPTIONS

In contrast to agency adoptions discussed In contrast to agency adoptions discussed above, Family Code sections 8800 to above, Family Code sections 8800 to 8823 set forth the statutes designed to 8823 set forth the statutes designed to regulate the so-called regulate the so-called independent independent adoptionsadoptions, which are becoming more and , which are becoming more and more common in our society.more common in our society.

These independent adoptions are These independent adoptions are arranged and handled outside the context arranged and handled outside the context of the intervention and oversight by a of the intervention and oversight by a county department or agency; rather, county department or agency; rather, they are typically handled by an attorney.they are typically handled by an attorney.

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4. INDEPENDENT 4. INDEPENDENT ADOPTIONSADOPTIONS

Basically, an independent adoption starts Basically, an independent adoption starts with the birth parents’ selection of with the birth parents’ selection of prospective adoptive parents who are prospective adoptive parents who are personally known to thempersonally known to them..

The appropriate county adoption agency The appropriate county adoption agency is statutorily mandated to investigate the is statutorily mandated to investigate the proposed independent adoption and proposed independent adoption and submit to the court a complete report submit to the court a complete report containing the facts disclosed by their containing the facts disclosed by their inquiry along with a recommendation inquiry along with a recommendation regarding the granting of the petition.regarding the granting of the petition.

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4. INDEPENDENT 4. INDEPENDENT ADOPTIONSADOPTIONS

The county adoption agency will conduct a The county adoption agency will conduct a thorough investigation of the prospective thorough investigation of the prospective adoptive parents, including an investigation adoptive parents, including an investigation of the adoptive parents’ criminal record, if of the adoptive parents’ criminal record, if any.any.

Under certain circumstances, an adoption Under certain circumstances, an adoption can be vacated after the fact.can be vacated after the fact.

Such an attempt to vacate an adoption must Such an attempt to vacate an adoption must be commenced within three years at the be commenced within three years at the earliest and five at the latest of entry of the earliest and five at the latest of entry of the court order of adoption.court order of adoption.

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5. ADOPTION OF ADULTS 5. ADOPTION OF ADULTS AND UNMARRIED MINORSAND UNMARRIED MINORS The adoption of an adult or a married The adoption of an adult or a married

minor is a much less complicated minor is a much less complicated procedure primarily because the procedure primarily because the prospective adopted “child” is capable prospective adopted “child” is capable of consenting to the adoption himself.of consenting to the adoption himself.

After the adoption, the adopted child After the adoption, the adopted child and the adoptive parent will maintain and the adoptive parent will maintain the legal relationship as parent and the legal relationship as parent and child and have all the rights and be child and have all the rights and be subject to all of the duties of that subject to all of the duties of that relationship from then on.relationship from then on.

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5. ADOPTION OF ADULTS 5. ADOPTION OF ADULTS AND UNMARRIED MINORSAND UNMARRIED MINORS

The procedure for an adult adoption The procedure for an adult adoption generally commences with the preparation generally commences with the preparation of an adoption agreement which is of an adoption agreement which is executed by the prospective adoptive executed by the prospective adoptive parent and the prospective adoptee, and parent and the prospective adoptee, and which establishes the nature of the which establishes the nature of the adoption and the consent of all parties adoption and the consent of all parties thereto.thereto.

Thereafter, the prospective adoptive parent Thereafter, the prospective adoptive parent and the prospective adoptee will file a and the prospective adoptee will file a petition for approval of the adoption in the petition for approval of the adoption in the superior court.superior court.

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5. ADOPTION OF ADULTS 5. ADOPTION OF ADULTS AND UNMARRIED MINORSAND UNMARRIED MINORS Finally, section 9340 of the Family Code Finally, section 9340 of the Family Code

sets forth the right of a person who has sets forth the right of a person who has been adopted pursuant to this adult been adopted pursuant to this adult adoption procedure, upon notice given adoption procedure, upon notice given to the adoptive parent, to file a petition to the adoptive parent, to file a petition terminating that relationship with terminating that relationship with parent and childparent and child

At the hearing on that petition, the court At the hearing on that petition, the court will examine the propriety of entering will examine the propriety of entering such an order.such an order.

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6. CHILD ABUSE6. CHILD ABUSE

As a general rule, situations involving As a general rule, situations involving suspected child abuse are referred to and fall suspected child abuse are referred to and fall within the exclusive jurisdiction of the juvenile within the exclusive jurisdiction of the juvenile court, sometimes referred to as the court, sometimes referred to as the dependency dependency courtcourt..

The minor may be declared to be a ward of the The minor may be declared to be a ward of the court if:court if:

The minor has suffered, or there is a substantial The minor has suffered, or there is a substantial risk that the minor will suffer, serious physical risk that the minor will suffer, serious physical harm inflicted non-accidentally upon the minor harm inflicted non-accidentally upon the minor by the minor’s parents or guardian.by the minor’s parents or guardian.

See page 66.See page 66.

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6. CHILD ABUSE6. CHILD ABUSE

The ultimate goal of the dependency The ultimate goal of the dependency court is to prevent the recurrence of court is to prevent the recurrence of abuse, to eliminate the existence of abuse, to eliminate the existence of abusive conditions in the home, and to abusive conditions in the home, and to provide a reunification of the family and provide a reunification of the family and the child.the child.

The focus of the dependency court is, of The focus of the dependency court is, of course, on protection of the child, and course, on protection of the child, and there are significant jurisdictional there are significant jurisdictional protections for both the child and the protections for both the child and the parent in these circumstances.parent in these circumstances.

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6. CHILD ABUSE6. CHILD ABUSE

Dependency court proceedings are Dependency court proceedings are generally conducted in two stages: generally conducted in two stages: the the jurisdictional phasejurisdictional phase (when the (when the determination is made whether to determination is made whether to take jurisdiction over the minor take jurisdiction over the minor child), and the child), and the disposition phasedisposition phase (the (the time at which the court decides what time at which the court decides what to do with the minor child once it has to do with the minor child once it has taken jurisdiction over him or her).taken jurisdiction over him or her).