California Family Code

§ 8710

FAM § 8710 Effective Jun 27, 2012Div. 13 · Part 2 · Ch. 2

Statute text

(a)If a child is being considered for adoption, the department, county adoption agency, or licensed adoption agency shall first consider adoptive placement in the home of a relative or, in the case of an Indian child, according to the placement preferences and standards set out in subdivisions (c), (d), (e), (f), (g), (h), and (i) of Section 361.31 of the Welfare and Institutions Code. However, if the birth parent refuses to consider a relative or sibling placement, if a relative is not available, if placement with an available relative is not in the child’s best interest, or if placement would permanently separate the child from other siblings who are being considered for adoption or who are in foster care and an alternative placement would not require the permanent separation, the foster parent or parents of the child shall be considered with respect to the child along with all other prospective adoptive parents where all of the following conditions are present:

(1)The child has been in foster care with the foster parent or parents for a period of more than four months.

(2)The child has substantial emotional ties to the foster parent or parents.

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Legislative history

Amended by Stats. 2012, Ch. 35, Sec. 23. (SB 1013) Effective June 27, 2012.