13.0 This chapter supercedes the Adoptions Procedures manual which is hereby repealed
(Rule 13.0 effective 1/1/96.)
13.1 AGENCY ADOPTIONS
(a) Reference Family Code section 8700 et seq., Chapter 2, Part 2, Div.13 .
(b) Filing Petition. Adoption cases shall be filed and heard at the Children's Court House, 201 Centre Plaza Drive, Monterey Park, CA 91754-2158; except that, uncontested adoption cases may be filed and heard in the district court where the petitioner resides.
(c) Petition & Supporting Papers. A verified petition shall be filed to commence the proceedings. (See, Appendix A, Form 1.) The required Accounting Report (see, Form 3), Consent and Agreement (see, Form 4), and Decree of Adoption (see, Form 5) shall also be filed by petitioner. At the Children's Court, the papers are to be filed in Room 2100. In other districts, the papers are to be filed as directed by the Supervising Judge.
(d) Joinder by Agency. Petitioner shall arrange with the agency involved for the necessary joinder.
(e) Reports by Agency. Petitioner shall arrange with the applicable agency to obtain and provide the applicable case information in order for the agency to file the necessary reports, documents and consent (see App. A, Form 6) to facilitate the adoption.
(f) Hearing. After the agency report is served and filed, petitioner shall file a Request to Set Hearing (see, Form 2). At the Children's Court agency adoptions are heard in Department 421; Ward of Court adoptions are heard in Department 413. Hearings in other districts shall be set as directed by the Supervising Judge. Notice of the hearing will be mailed by the Clerk of the Court.
(Rule 13.1 effective 1/1/96.)
13.2 INDEPENDENT ADOPTIONS
(a) Reference Family Code section 8800 et seq., Chap. 3, Part 2, Div. 13.
(b) Filing Petition. Adoption cases shall be filed and heard at the Children's Court House, 201 Centre Plaza Drive, Monterey Park, CA 91754-2158; except that, uncontested adoption cases may be filed and heard in the district court where the petitioner resides.
(c) Petition & Supporting Papers. A verified petition shall be filed to commence the proceedings (see, App. A, Form 7). A Consent and Agreement (Form 4), and Decree of Adoption (Form 8) and copy of the adoptive placement agreement if the child has been placed for adoption shall also be filed by petitioner. At the Children's Court, the papers are to be filed in Room 2100. In other districts, the papers are to be filed as directed by the Supervising Judge.
(d) Reports by Agency. Petitioner shall arrange with the applicable agency to obtain and provide the applicable case information in order for the agency to file thenecessary reports and documents to facilitate the adoption. (See, Fam. Code, §§ 8807, 8816, 8817, 8821.)
(e) Hearing. After the applicable agency's report is served and filed, petitioner shall file a Request to Set Hearing (see, Form 2). At the Children's Court, independent adoptions are heard in Department 421. Hearings in other districts shall be set as directed by the Supervising Judge. Notice of the hearing will be mailed by the Clerk of the Court.
(Rule 13.2 effective 1/1/96.)
13.3 STEPPARENT ADOPTIONS
(a) Reference Family Code section 9000 et seq., Chap. 5, Part 2, Div. 13.
(b) Filing Petition. Adoption cases shall be filed and heard at the Children's Court House, 201 Centre Plaza Drive, Monterey Park, CA 91754-2158; except that, uncontested adoption cases may be filed and heard in the district court where the petitioner resides.
(c) Petition and Supporting Papers. A verified petition shall be filed to commence the proceedings (see, App. A, Form 9). A Consent Agreement (Form 4), and Decree of Adoption (Form 10) shall also be filed by petitioner. At the Children's Court, the papers are to be filed in Room 2100. In other districts the papers are to be filed as directed by the Supervising Judge.
(d) Reports by Designated Agency. Reference Family Code section 9001.
(e) Hearing. After the agency report is served and filed, petitioner shall file a Request to Set Hearing (see, Form 2). At the Children's Court stepparent adoptions are heard in Department 421. Hearings in other districts shall be set as directed by the Supervising Judge. Notice of the hearing will be mailed by the Clerk of the Court.
(Rule 13.3 effective 1/1/96.)
13.4 ADULT AND MARRIED MINORS ADOPTIONS
(a) Reference Family Code section 9300 et seq., Part 3, Div. 13.
(b) Filing Petition. Adoption cases shall be filed and heard at the Children's Court House, 201 Centre Plaza Drive, Monterey Park, CA 91754-2158; except that, uncontested adoption cases may be filed and heard in the district court where the petitioner resides.
(c) Petition and Supporting Papers. A verified petition shall be filed to commence the proceedings (see, App. A, Form 11). An application to set hearing (Form 14), Consent of Spouse of Adoptee (Form 12), Consent of Spouse of Adopting Party (Form 13), Decree of Adoption (Form 15) and Agreement of Adoption (Form 16) shall also be filed. At the Children's Court, the papers are to be filed in Room 2100. In other districts, the papers are to be filed as directed by the Supervising Judge.
(d) Report by Designated Agency. Reference Family Code section 9325.
(e) Hearing. Upon the filing of the petition for adult or married minor adoptions, the clerk shall immediately set the matter for trial. Adult and married minor adoptions are heard in Department 421. Hearings in other districts shall be set as directed by the Supervising Judge. Notice of the hearing will be mailed by the Clerk of the Court.
(Rule 13.4 effective 1/1/96.)
13.5 INTERCOUNTRY ADOPTIONS
(a) Reference Family Code section 8900 et seq., Chap. 4, Part 2, Div. 13.
(b) Filing Petition. Adoption cases shall be filed and heard at the Children's Court House, 201 Centre Plaza Drive, Monterey Park, CA 91754-2158; except that, uncontested adoption cases may be filed and heard in the district court where the petitioner resides.
(c) Petition & Supporting Papers. A verified petition shall be filed to commence the proceedings. (See, Appendix A, Form 17.) A request to set hearing (see, Form 2), Accounting Report (see, Form 3), Consent and Agreement (see, Form 4), and Decree of Adoption (see, Form 18) shall also be filed by petitioner. At the Children's Court, the papers are to be filed in Room 2100. In other districts, the papers are to be filed as directed by the Supervising Judge.
(d) Joinder by Agency. Petitioner shall arrange with the agency involved for the necessary joinder by the agency.
(e) Reports by Agency. Petitioner shall arrange with the applicable agency to obtain and provide the necessary case information in order for the agency to file the necessary reports, documents and consent (see App. A, Form 6) to facilitate the adoption. (See, Fam. Code, §§ 8902, 8914, 8915.)
(f) Hearing. After the agency report[s] are served and filed, petitioner shall file a Request to Set Hearing (see, Form 2). At the Children's Court intercounty adoptions are heard in Department 421. Hearings in other districts shall be set as directed by the Supervising Judge. Notice of the hearing will be mailed by the Clerk of the Court.
(Rule 13.5 effective 1/1/96.)
13.6 PETITION TO DETERMINE PARENT AND CHILD RELATIONSHIP
(a) Reference Family Code section 7630 et seq., Chap. 4, Part 3, Div. 12.
(b) Petition and Supporting Papers. A petition to determine parental relationships may be combined with a petition to terminate parental rights (see, Rules 13.7 & 13.8). A verified petition shall be filed at the Children's Court only to commence the proceedings. The petition is to be filed in Room 2100.
(c) Hearing. Hearings on the petition are heard in Department 421. Hearings are set by the Clerk after petitioner files a Request to Set Hearing.
(Rule 13.6 effective 1/1/96.)
13.7 PETITION TO TERMINATE PARENTAL RIGHTS IN ADOPTION PROCEEDINGS
(a) Reference Family Code section 7660 et seq., Chap. 5, Part 3, Div. 12.
(b) Petition and Supporting Papers. A verified petition shall be filed at the Children's Court only to commence the proceedings (see, App. A, Form 19). The petition is to be filed in Room 2100. Each parent whose whereabout is known must be served. If unknown, an order dispensing with notice must be obtained (see, App. A, Forms 19A & 19B).
(c) Hearing. Hearings on petitions to terminate parental rights in adoption are heard in Department 421. The petition shall specify the date of the hearing consistent with Family Code, section 7669, or a notice of hearing (Form 20) shall be filed.
(Rule 13.7 effective 1/1/96.)
13.8 PETITION FOR FREEDOM FROM CUSTODY AND CONTROL
(a) Reference Family Code section 7800 et seq., Part 4, Div. 12
(b) Petition and Supporting Papers. A verified petition (Form 21) shall be filed at the Children's Court only to commence the proceeding. The petition is to be filed in Room 2100.
(c) Citation. Upon the filing of the petition the court shall issue a citation (Form 22) consistent with Family Code section 7880. If the citee after due diligence cannot be found, permission to service by publication (Form 23 & Form 24) may be requested.
(d) Hearing. The citation shall set the date, time and place of the hearing on the petition.
(Rule 13.8 effective 1/1/96.)
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