HomeMy WebLinkAboutMINUTES - 04191994 - 1.89 TO: BOARD OF SUPERVISORS Contra
FROM: Phil Batchelor, County Administrator
Costa
o s C ll
County
DATE:
April 13► 1994
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SUBJECT: LEGISLATION: SB 1812 (Hughes)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT a position of SUPPORT for SB 1812 by Senator Hughes, which
would require that proceedings for the adoption of a dependent
child of the court be conducted in juvenile court.
BACKGROUND:
The County' s Juvenile Court Judge has expressed her enthusiastic
support for SB 1812 . Under current law, there is apparently no
requirement that the proceedings for adoption of a- dependent child
of the court be conducted in juvenile court. And yet, as Judge
Haight points out, that is clearly the obvious place to conduct
such proceedings since a dependent child of the court who is being
considered for adoption has been under the jurisdiction of the
juvenile court for some months or years at the time adoptions
proceedings are commenced. The juvenile court judge knows the
child and his or her circumstances, know the parents and their
situation and would appear to be in the best position to determine
the child' s permanent home and parents, whereas any other superior
court judge has,' not had the close contact with all parties that the
juvenile court' has had.
Therefore, in view of the support from the Juvenile Court Judge, it
is recommended that the Board of Supervisors indicate its support
for SB 1812 .
CONTINUED ON ATTACHMENT: -YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED X OTHER
Ap.ft! i9, t994
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT I ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED April 19 , 1994
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
CC: SUPERVISORS AND COUNTY ADMINISTRATOR
. See Page 2
o
BY DEPUTY
Y
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cc: The Honorable Teresa Hughes
Senator, 25th District
Room 4090 State Capitol
Sacramento, CA 95814
County Administrator
Juvenile Court Judge Lois Haight
County Clerk-Recorder
Social Services Director
County Counsel
Les Spahnn, Heim, Noack & Spahnn
SENATE BILL No 1812
Introduced by Senator.-Hughes
February 24, 1994
An act to add Section 366.28 to the Welfare and Institutions
Code, relating to minors.
LEGISLATIVE COUNSEL'S DIGEST
SB 1812, as introduced, Hughes. Minors: dependent
children.
Existing law specifies the procedures for permanently
terminating parental rights with regard to, or establishing
legal guardianship of, a minor while the minor is a dependent
child of the juvenile court. Existing law provides that the
court may order that the child be placed for adoption.
This bill would require that proceedings for the adoption of
a minor who is a dependent of the juvenile court to be in
juvenile court. It also would require prescribed assessments to
be read and considered by the court prior to the adoption.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
:ct,ss:g4ir:" The people of the State of California do enact as follows:
1 SECTION 1. Section 366.28 is added to the Welfare
2 and Institutions Code, to read:
3 366.28. After a court orders that a child be placed for
4 adoption pursuant to subdivision (b) of Section 366.26, a
5 petition for adoption is filed, and the appellate rights of
6 the natural parents are exhausted, the juvenile court shall
7 set a hearing on the adoption. The proceeding for the
8 adoption of a minor who is a dependent of the juvenile
9 court shall be in juvenile court. The assessment prepared
10 pursuant to subdivision (g) of Section 361.5, subdivision
11 (i) of Section 366.21, and subdivision (b) of Section 366.22
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SB 1812 — 2 -
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1 shall be read and considered by the court prior to the
2 adoption, and this shall be reflected in the minutes of the
3 court. The person preparing the assessment may be
4 called and examined by any party to the proceeding.
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