Family law.

Existing law provides that a man may bring an action at any time to determine that he is the father of a child having no presumed father. Under existing law, a man who is not a presumed father may bring an action to establish that he is the natural father of a child having a presumed father if the mother has relinquished for, or consents to, the adoption of the child, and requires that he bring this action within 30 days after (1) he is served with notice that he is or could be the father or (2) the birth of the child, whichever is later. This bill would delete the latter provisions relating to the time periods in which a man may bring an action to establish paternity and would instead provide that a man may bring an action at any time to establish that he is the father of a child, subject to a specified exception. Existing law provides that if a mother consents to, or relinquishes for, the adoption of a child, a petition to terminate the parental rights of the father is required, subject to specified exceptions, and an action to terminate the parental rights of the father shall be set for a hearing. This bill would authorize the court in an action to terminate parental rights to dispense with a hearing and issue an ex parte order terminating parental rights if the identity or whereabouts of the alleged father is unknown, he has been served with a written notice of his alleged paternity and the potential adoption and has failed to respond, or he has signed a waiver of his right to notice or a denial of paternity. Existing law provides that if a child is being considered for adoption, the State Department of Social Services or licensed adoption agency is required to first consider adoptive placement in the home of a relative, unless it is not in the child's best interest or if other specified conditions exist, in which case the foster parent of the child shall be considered along with all other prospective adoptive parents, if certain criteria are met. This bill would include the birth parent's refusal to consider a relative or sibling placement for the child as a condition upon which the foster parent of the child shall be considered for placement, if certain criteria are met. Under existing law, if a parent is seeking to relinquish a child or execute an adoption placement agreement, the State Department of Social Services, licensed adoption agency, or adoption service provider is required to ask the child and the child's parent or custodian whether the child is, or may be, a member of an Indian tribe. Existing law provides that these entities are required to send a specified notice and a request for confirmation of the child's Indian status to any parent or custodian of the child, and to any Indian tribe of which the child is, or may be, a member. This bill would additionally include an attorney for the prospective adoptive parents among the entities that are required to send this notice and request for confirmation of a child's Indian status. Existing law provides that in each case of stepparent adoption, the probation officer, qualified court investigator, licensed clinical social worker, licensed marriage family therapist, or the county welfare department is required to conduct an investigation. This bill would additionally include a private licensed adoption agency among the entities that are required to conduct the investigation, and would require the adoption agency to assign the investigation to a licensed clinical social worker or licensed marriage and family therapist associated with the agency. The bill would also require that any grievance regarding the investigation be directed to the licensing authority of the clinical social worker or marriage and family therapist. Existing law provides that a court may appoint a guardian of the person or estate of a minor child if it appears necessary or convenient, as specified. Under existing law, a proceeding to have the child declared free from the custody and control of one or both parents may be brought in the guardianship proceeding if specified requirements are met, including a requirement that the child has been in the physical custody of the guardian for a period of not less than 2 years. This bill would provide that a proceeding to have a child who is the subject of a guardianship declared free from the custody and control of one or both parents may be brought in the guardianship proceeding, in an adoption action, or in a separate action filed for the purpose.