(a) If a child adopted pursuant to the law of this state shows evidence of a developmental disability or mental illness as a result of conditions existing before the adoption to an extent that the child cannot be relinquished to an adoption agency on the grounds that a plan of adoption is not currently suitable, and of which conditions the adoptive parents or parent had no knowledge or notice before the entry of the order of adoption, a petition setting forth those facts may be filed by the adoptive parents or parent with the court that granted the adoption petition. If these facts are proved to the satisfaction of the court, it may make an order setting aside the order of adoption.

(b) The petition shall be filed within five years after the entry of the order of adoption.

Terms Used In California Family Code 9100

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • order: include a decree, as appropriate under the circumstances. See California Family Code 100
  • State: means a state of the United States, the District of Columbia, or a commonwealth, territory, or insular possession subject to the jurisdiction of the United States. See California Family Code 145

(c) (1) The court clerk shall immediately notify the department at Sacramento of the petition. Within 60 days after the notice, the department shall file a full report with the court and shall appear before the court for the purpose of representing the adopted child.

(2) Notwithstanding any other law, an adoption case file, including a juvenile case file, as defined in subdivision (e) of § 827 of the Welfare and Institutions Code, may be inspected and copied by the department for the purpose of completing the duties pursuant to this subdivision.

(Amended by Stats. 2022, Ch. 870, Sec. 1. (AB 2711) Effective January 1, 2023.)

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