AB 263

This bill makes a number of changes with respect to the termination of parental

rights, adoption, and the rights of various parties in those proceedings. Specifically,

the bill does all of the following:

1. Eliminates the right to a jury trial in a termination of parental rights (TPR)

proceeding and combines the fact-finding hearing and dispositional hearing in a

TPR proceeding.

2. Provides a method by which an adult mother or alleged or presumed father

may disclaim his or her parental rights with respect to a child who is not an Indian

child in writing as an alternative to appearing in court to consent to the termination

of his or her parental rights.

3. Makes changes to some of the grounds for involuntary TPR.

4. Provides that an alleged father of a nonmarital child whose paternity has not

been established is entitled to actual notice of a TPR proceeding, and the resulting

rights of standing in that proceeding, only if that person has filed a declaration of

paternal interest.

5. Allows payments to be made to an out-of-state private child placing agency

for services provided in connection with an adoption.

Termination of parental rights hearings

Under current law, if a petition to terminate a person's parental rights is filed,

the court assigned to exercise jurisdiction under the Children's Code (juvenile court)

must hold a fact-finding hearing to determine if there are any grounds for the TPR.

Under current law, any party to a TPR proceeding whose rights may be affected by

the TPR order may demand a jury trial for this fact-finding hearing. This bill

eliminates the right to a jury trial for the fact-finding hearing.

Under current law, if, at the fact-finding hearing, the juvenile court or jury

finds grounds for TPR, the juvenile court must find the parent to be unfit. The

juvenile court must then immediately hear evidence and motions on dispositions,

and make a disposition based on the best interest of the child. Generally, the juvenile

court is allowed to delay the dispositional hearing for up to 45 days after the

fact-finding hearing if all parties agree or if the court orders an agency to submit a

report on the child's history.

This bill combines the fact-finding and dispositional hearings by requiring the

juvenile court to hear all evidence relevant to TPR grounds and disposition before

making a determination as to whether the parent is unfit. If the juvenile court finds

the parent to be unfit, the bill requires the court to immediately make a disposition.

The bill allows the court to delay making both a determination of fitness and a

disposition by granting a continuance for no more than 45 days if all parties agree

or if the court orders an agency to submit a report on the child's history.

Disclaimer of parental rights

Subject to certain exceptions, current law generally requires a birth parent to