Section 8704 Of Chapter 2. Agency Adoptions From California Family Law Code >> Division 13. >> Part 2. >> Chapter 2.
8704
. (a) The department, county adoption agency, or licensed
adoption agency to which a child has been freed for adoption by
either relinquishment or termination of parental rights is
responsible for the care of the child, and is entitled to the
exclusive custody and control of the child until an order of adoption
is granted. Any placement for temporary care, or for adoption, made
by the department, county adoption agency, or licensed adoption
agency may be terminated in its discretion at any time before the
granting of an order of adoption. In the event of termination of any
placement for temporary care or for adoption, the child shall be
returned promptly to the physical custody of the department, county
adoption agency, or licensed adoption agency.
(b) No petition may be filed to adopt a child relinquished to the
department, county adoption agency, or licensed adoption agency or a
child declared free from the custody and control of either or both
birth parents and referred to the department, county adoption agency,
or licensed adoption agency for adoptive placement, except by the
prospective adoptive parents with whom the child has been placed for
adoption by the department, county adoption agency, or licensed
adoption agency. After the adoption petition has been filed, the
department, county adoption agency, or licensed adoption agency may
remove the child from the prospective adoptive parents only with the
approval of the court, upon motion by the department, county adoption
agency, or licensed adoption agency after notice to the prospective
adoptive parents, supported by an affidavit or affidavits stating the
grounds on which removal is sought. If the department, county
adoption agency, or licensed adoption agency refuses to consent to
the adoption of a child by the person or persons with whom the
department, county adoption agency, or licensed adoption agency
placed the child for adoption, the court may nevertheless order the
adoption if it finds that the refusal to consent is not in the child'
s best interest.