This page provides links and references to legal resources in California. It will be expanded form time to time to include other states, and federal law. Remember, laws for each state (and sometimes counties within the same state) vary widely. California law may not apply to your situation.

A word about abbreviations: in California, the Family Code is abbreviated (or "cited") as CA Fam. Code. It applies mainly to private adoption and custody matters that do not arise in the foster care system. Foster care court proceedings are controlled by the California Welfare and Institutions Code, cited as "W.I.C." Legal guardianship are covered by two sets of laws, the W.I.C. and the California Probate Code.

- Important Definitions for CA Foster Care & Adoption Law - CA Fam. Code 8500-8548

- Rules for Adopting a Child in California - CA Fam. Code 8600-8622, CA Fam. Code 8700-8720, CA Fam. Code 8800-8823.

- Intercountry Adoption & California Law - CA Fam. Code 8900-8920.

- How the State Will Choose a Foster Family - CA Fam. Code. 7950-7952.

- Expedited Home Studies - CA Fam. Code 8730-8736.

- Caregiver's Authorization Affidavit - CA Fam. Code 6550-6552.

- Interstate Compact for the Placement of Children - CA Fam. Code 7900-7912.

- Domestic Partner & Stepparent Adoption Guidelines - CA Fam. Code 9000-9007.

Laws About Adoption of Foster Children

Petition to Terminate Parental Rights to Free a Child for Adoption: in order to receive federal funding to support the foster care system, a state must comply with many federal laws, including one which requires juvenile courts to hold a hearing to consider terminating parental rights when a child has been in foster care for 15 of the last 22 months (though there are some exceptions). The federal law is 42 U.S.C. § 675(5)(E). In California, the laws for how and when a foster child can be freed for adoption are found at W.I.C. §§ 361.5 (no reunification services in some cases of very serious abuse or similar reasons), 366.21(f) (yearly hearings to make a permanent plan for each child), 361.5(a)(2) (shortened timeframes for child under 3), and 366.26 (procedures for terminating parental rights).

Other W.I.C. sections (state statutes) may apply to your family's situation. The W.I.C statutes are specific laws concerning such topics as: role of child's attorney; an older child's right to refuse consent for adoption; keeping sibling groups together; legal preferences for adoption by relatives/foster parents; financial help for relatives who agree to become legal guardians or adopt; process for obtaining court order before surgery/psychotropic drugs for child; adoption of "safe haven" babies left at hospitals with "no questions asked"; procedure for changing the last name of a foster child awaiting adoption; agreements for post-adoption contact with birth relatives; new laws easing babysitting rules for foster parents; reinstatement of parental rights at child's request if child is not adopted after 3 years of waiting; team-decision-making meetings; rights of native/tribal groups concerning adoption of Indian children; teen parents; and much more.

This site believes in caregiver's legal right to be heard in court, to contact a foster child's attorney and worker with questions and concerns, and to participate in decision-making affecting foster children. Caregivers and those hoping to adopt a foster child have relatively new and fragile rights, including some that Deborah Dentler helped establish and expand. Caregiver civil rights can be found at W.I.C. § 16010.5(d), W.I.C. § 16010.6, and California Rules of Court, Rule 1438(c)(5). These rights are not always respected or even widely known by judges and social workers. Know and exercise your rights. Children are counting on you.

Forms: California Courts use standard forms for many legal actions involving adoption and foster care. These forms are available at http://www.courtinfo.ca.gov/forms/. Forms for families in the foster care system (juvenile dependency) are located under the "Juvenile" section at this court's forms site. section of the forms site. Use the pull-down menu and select Juvenile, then press "See Forms." Some important forms are: "Parentage" (JV-501 and 501S) and "Post-permanency Hearing: Parental Rights Terminated/Permanent Plan of Adoption" (JV-445) as well as "Removal from Custodial Parent - Placement with Nonparent" (JV-421). Also see: JV-290 (Caregiver Information Form, which you may fill out and give to the child's worker or submit directly to the judge's clerk), JV-295, JV-296, JV-297 (De Facto Parent Request), JV-180 (Request to Change Court Order, a.k.a. "388 petition"), JV-800 (Notice of Appeal) These forms may be dificult to understand and require knowledge of other California rules to fill out. You may need a lawyer's help to complete these forms (and many forms may only be filled out by the Court after a hearing). If your foster child's court-appointed lawyer will not help you make requests to the judge, or advise you how and when to use court forms, you should seek independent advice.  

Laws, regulations, and forms are constantly changing. Appellate courts announce new interpretations of laws daily. Do not rely on this (or any other) website for legal advice specific to your situation!

You can subscribe to a free weekly e-mailed summary of major adoption and foster care court decisions from across the U.S. at www.law.capital.edu.

Final note: This website will be updated periodically but may be out-of-date when you read it and not all laws are included here. When in doubt, check with a lawyer and the Links and Recommended Readings pages of this website.