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California Code, Family Code - FAM § 8803

Current as of January 01, 2023 | Updated by FindLaw Staff

(a) During the pendency of an adoption proceeding:

(1) The child proposed to be adopted shall not be concealed from the agency that is investigating the adoption, or from the court with jurisdiction over the adoption proceeding.

(2) The child shall not be removed from the county of the petitioner's residence at the time of placement, unless the petitioners or other interested persons first obtain permission for the removal from the court, after giving advance written notice of intent to obtain the court's permission to the department or delegated county adoption agency responsible for the investigation of the proposed adoption. Upon proof of giving notice, permission may be granted by the court if, within a period of 15 days after the date of giving notice, no objections are filed with the court by the department or delegated county adoption agency. If the department or delegated county adoption agency files objections within the 15-day period, upon the request of the petitioners the court shall immediately set the matter for hearing and give to the objector, the petitioners, and the party or parties requesting permission for the removal reasonable notice of the hearing by certified mail, return receipt requested, to the address of each as shown in the records of the adoption proceeding. Upon a finding that the objections are without good cause, the court may grant the requested permission for removal of the child, subject to any limitations that appear to be in the child's best interest.

(b) This section does not apply in any of the following situations:

(1) When the child is absent for a period of not more than 30 days from the county of the petitioner's residence at the time of placement, unless a notice of recommendation of denial of petition has been personally served on the petitioners or the court has issued an order prohibiting the child's removal from the county of the petitioner's residence at the time of placement, pending consideration of any of the following:

(A) The suitability of the petitioners.

(B) The care provided the child.

(C) The availability of the legally required consents to the adoption.

(2) Where the child has been returned to and remains in the custody and control of the child's birth parent or parents.

(c) A violation of this section is a violation of Section 280 of the Penal Code.

(d) Neither this section nor Section 280 of the Penal Code may be construed to render lawful any act that is unlawful under any other applicable law.

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Cite this article: FindLaw.com - California Code, Family Code - FAM § 8803 - last updated January 01, 2023 | https://codes.findlaw.com/ca/family-code/fam-sect-8803/

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