Agenda / Content Covered

1. Key Rules and First Steps
   9:00 — 9:55, Douglas Donnelly, Alison Foster Davis, Celeste Liversidge
   1. Qualifications of the Adopting Parent and Adopted Child
   2. Types of Adoption and Their Procedural Steps (Foster, Single Parent, Relative, Step-Parent, Gay/Lesbian, Adult Adoption, etc.)
   3. Standing - Family Code §8802
   4. Interstate Adoption/ICPC (Interstate Compact on Placement of Children)
   5. International Adoption (Hague/Working with the Adoption Agency)
   6. Required and Recommended Notices
   7. Forms to Fill Out and Documents to Obtain
   8. Timeline and Deadlines
   9. Filing the Petition: What to Include
   10. Post-Adoption Contact Agreements - Family Code §8616.5
   11. Pre-Placement Assessment - When is it Required and Where to Get it?
2. Bio Parents and Consent Procedures
   9:55 — 10:35, Douglas Donnelly, Alison Foster Davis, Celeste Liversidge
   1. Consent vs. Relinquishment of Rights, and Implications of Each
   2. Consent/Relinquishment/Waiver of Rights Procedure
   3. Representation of Multiple Parties - Family Code §8800
   4. Voluntary v. Involuntary Termination of Parental Rights
   5. Absent/Deceased Birth Parent(s)
   6. Drafting and Enforceability of Post-Adoption Contact Agreements (FC §8616.5)
   7. Notice to Alleged or Presumed Fathers
   8. Putative Father Registry?
   9. Deployed Bio Parents' Consent Under the Servicemembers Civil Relief Act
3. ICWA (Indian Child Welfare Act)
   10:50 — 11:40, Douglas Donnelly, Alison Foster Davis, Celeste Liversidge
4. Financial Aspects of Adoptions
   11:40 — 12:30, Douglas Donnelly, Alison Foster Davis, Celeste Liversidge
   1. Medi-Cal
   2. Group Insurance Coverage
   3. Birth Mother Expenses - Penal Code §271 & §181
   4. Adoption Tax Credits
      1. Tax Credit for Adopting a "Special Needs" Child
      2. Tax Credit for Adoption of a Child Without Special Needs
      3. Refundable vs. Non-Refundable Credit
      4. Current Credit Limits and Limitations
   5. Adoption Assistance Program ("AAP")
   6. Reimbursement for Non-Recurring Expenses
   7. Social Security
5. Finalizing the Adoption and Post-Placement Follow-up
   1:30 — 2:20, Jill Cucullu
   1. Final Hearing Request and the Documents it Must Contain
   2. When Must the Adopting Parents Appear, and When May Their Appearance at the Hearing be Waived? (Family Code §8613 & §8613.5)
   3. At the Final Hearing
   4. Protecting the Record
   5. Disrupted Adoptions
   6. Amended Birth Certificate - When Available and How to Obtain it
   7. Obtaining Social Security Number for Child After Adoption
6. Contested Adoptions
   2:35 — 3:30, Douglas Donnelly, Alison Foster Davis, Celeste Liversidge
   1. Right to Counsel for Parents
   2. Consolidation of Adoption Paternity Cases
   3. Legal Grounds for Dispensing with Consent
      1. Standard and Burden of Proof
      2. Abandonment (Family Code §7822)
      3. Failure to Support in Step-Parent Adoptions (Family Code §8604)
      4. Felony Record of Parent (Family Code §7825)
      5. Child in Guardianship for 2 Years (Probate Code §1516.5)
      6. Uniform Parentage Act (Family Code §7662 & 7664)
      7. Parental Unfitness and Child's Best Interest
      8. Dispensing with Guardian's Consent
   4. Custody Determination When Adoption is Dismissed
   5. Time Period for Challenging Adoption Decree
7. Legal Ethics
   3:30 — 4:30, Douglas Donnelly, Alison Foster Davis, Celeste Liversidge
   1. Competence and Compassion, i.e. "The Lush Minefield" (ABA Model Rule 1.1, & CRPC 3-110)
   2. How Well Does the Adoption Model Fit Into an Adversary Legal System?
   3. Confidentiality (CRPC 3-100)
   4. Reasonable Fees (CRCP 4-200 & FC §8610)
   5. Handling the Funds of Clients (CRPC 4-100)
   6. Payment of Birth Parent Living Expenses with Lawyer's Funds (CRPC 4-210)
   7. Payment of Birth Parent Expenses with Client's Funds (Penal Code §273 & §181)
   8. Legal Ethics and Non-Attorney Intermediaries (CRPC 1-310 & 1-320)
   9. Representation of Both Adopting Parents - Conflict? (CRPC 3-300 & 3-310)
   10. Representation of Multiple Clients (FC §8800)
   11. Withdrawal Without Damage, i.e. "Between a Rock and a Hard Place" (CRPC 3-700 (a)(2))

Accreditation Details:

JILL CUCULLU served as the founding director of Pepperdine's Legal Clinic at the Union Rescue Mission, where she practiced a wide variety of law including family, limited criminal, and even tax. She co-founded Adoption Law Group in 2003. After a few years break to focus on raising six children - four through birth and two through adoption, Ms. Cucullu rejoined the practice in 2016 to help launch TruAdopt Law and AdoptMatch, non-profits dedicated to promoting ethical adoption through expectant parent representation and transparency in the matching process. She earned her J.D. degree and was valedictorian from Pepperdine School of Law.

DOUGLAS R. DONNELLY is a sole practitioner based in Santa Barbara, California, handling contested and uncontested adoptions statewide. His practice is limited to adoption law, guardianships and related child custody proceedings. In addition to numerous articles on adoption law, Mr. Donnelly co-authored The Complete Adoption Handbook (Zondervan, 1985, 1992), and also wrote the chapter on adoption law and procedure for West's California Transaction Forms (Family Law). Mr. Donnelly's published decisions include Adoption of T.K. (2015) 240 Cal.App.4th 1392; Adoption of K.C. (2016) 247 Cal.App.4th 1412; Adoption of Michael H. (1995) 10 Cal.4th 1043; In Re Charlotte D. (2009) 45 Cal.4th 1140; In Re Kyle F. (1993) 112 Cal.App.4th 538; and Applegate v. Ota (1983) 146 Cal.App.3d 702. He is admitted to practice before the U.S. District Court for the Central District of California, the Northern District of California, and the Eastern District of California. Mr. Donnelly earned his B.A. degree, cum laude, from Westmont College and his J.D. degree from Loyola University of Los Angeles. He is a member of the State Bar of California, the Santa Barbara County Bar Association, the Academy of California Adoption Attorneys, and the American Academy of Adoption Attorneys. Mr. Donnelly is a past president of the Academy of California Adoption Lawyers, and served 18 consecutive terms as chairman of the Ethics Committee of that organization. He also has served two terms as chairman of the Ethics Committee of the American Academy of Adoption Attorneys. Mr. Donnelly is the principal author of the Code of Ethics of the American Academy of Adoption Attorneys, and the Code of Ethics of the Academy of California Adoption Lawyers.

ALISON FOSTER DAVIS is the former executive director and current legal director for Family Connections Christian Adoptions, a state-licensed and Hague-accredited adoption agency that provides domestic and international adoption services. Prior to working at the agency, Ms. Foster Davis maintained a private law practice focused on adoptions, guardianship, surrogacy, and court-appointed representation of dependent children. She is well-versed in all areas of California adoption law, probate guardianships, and juvenile dependency proceedings. She has completed over 2,000 adoption-related cases and has qualified as an expert witness in California courts on numerous occasions. Ms. Foster Davis received her J.D. degree from the University of the Pacific, McGeorge School of Law. Ms. Davis is a fellow and past president of the Academy of California Adoption Lawyers, and was a member of the American Academy of Adoption Attorneys from 2003 through 2016.

CELESTE E. LIVERSIDGE is the founder of TruAdopt, a full-service adoption law firm dedicated to representing expectant parents in an ethical, knowledgeable and compassionate manner. Ms. Liversidge has been practicing exclusively in the field of adoption law since 2001. She is a fellow of both the American Academy of Adoption Attorneys and the Academy of California Adoption Lawyers and a member of the National Association of Counsel for Children, Christian Adoption Legal Services, National Council For Adoption and the North American Council on Adoptable Children. Ms. Liversidge earned her undergraduate degree from Westmont College and her law degree from Pepperdine University School of Law. She has served as an adjunct professor at Pepperdine School of Law and she is a frequent guest lecturer on a variety of adoption-related issues.