Rule 5.730.Adoption
Division 3. Juvenile Rules · Chapter 12. Cases Petitioned Under Section 300 · Article 4. Reviews, Permanent Planning · Last amended 2010 · Last verified September 10, 2026
Full Text of Rule 5.730
Plain-English Summary
An adoption petition for a dependent child who has been freed for adoption may be filed in the juvenile court that holds the dependency — keeping the case with the judge who knows it.
The petition goes on form ADOPT-200 and must be verified, with the adoption agreement and order forms completed as well. Adopting an Indian child requires an additional form, and a further one may be filed where a parent agrees to end parental rights. The clerk opens a confidential adoption file for each child, separate from the dependency file and under a different case number.
The clerk gives notice to the child’s attorney of record, any CASA volunteer, the child welfare agency, an Indian child’s tribe, and the Department of Social Services — and the department’s notice includes a copy of the petition and of any adoptive placement agreement or agency joinder in the case.
The hearing happens in juvenile court once appellate rights have been exhausted. Each petitioner and the child must be present. A referee may hear it while acting as a temporary judge.
The record must show the court read and considered the assessment prepared for the permanency hearing, any CASA report, and any other reports or documents in evidence — and the person who wrote the assessment may be called and examined by any party.
At the hearing each adoptive parent signs the adoption agreement in the court’s presence and with its acknowledgment. A child of 12 or older signs too, except in a tribal customary adoption.
Granting the petition ends the dependency: the court dismisses it, terminates jurisdiction, vacates any review dates already set, and a completed termination form is filed in the child’s dependency file.
Advisory Committee Comment
The following comment is published by the Judicial Council of California alongside the rule itself — not commentary from this site.
Family Code section 8600.5 exempts tribal customary adoption from various provisions of the Family Code applicable to adoptions generally, including section 8602, which requires the consent of a child over the age of 12 to an adoption. However, under Welfare and Institutions Code section 366.24(c)(7), “[t]he child, birth parents, or Indian custodian and the tribal customary adoptive parents and their counsel, if applicable, may present evidence to the tribe regarding the tribal customary adoption and the child’s best interest.” Under Welfare and Institutions Code section 317(e), for all children over 4 years of age, the attorney for the child must determine the child’s wishes and advise the court of the child’s wishes. Welfare and Institutions Code section 361.31(e) provides that “[w]here appropriate, the placement preference of the Indian child, when of sufficient age, . . . shall be considered.” This is consistent with Guideline F-3 of the Guidelines for State Courts; Indian Child Custody Proceedings issued by the Bureau of Indian Affairs on November 26, 1979, which recognizes that the request and wishes of a child of sufficient age are important in making an effective placement. The committee concludes, therefore, that while the consent of a child over the age of 12 is not required for a tribal customary adoption, the wishes of a child are still an important and appropriate factor for the court to consider and for children’s counsel to ascertain and present to the court when determining whether tribal customary adoption is the appropriate permanent plan for an Indian child.
Frequently Asked Questions
Where is the adoption of a dependent child heard?
The petition may be filed in the juvenile court with jurisdiction over the dependency, and the proceeding is heard there once appellate rights have been exhausted.
Is the adoption file part of the dependency file?
No. The clerk must open a confidential adoption file for each child, separate and apart from the dependency file, with a different case number.
Does the child have to consent?
A child 12 years of age or older must execute the Adoption Agreement (form ADOPT-210) — except in the case of a tribal customary adoption. Each adoptive parent signs it in the presence of and with the acknowledgment of the court.
Can the assessment be challenged?
Yes. The preparer of the assessment may be called and examined by any party to the adoption proceeding.
What happens to the dependency when the adoption is granted?
The court dismisses the dependency, terminates jurisdiction over the child, vacates any previously set review hearing dates, and a completed form JV-364 is filed in the child’s juvenile dependency file.
Amendment History
Rule 5.730 amended effective July 1, 2010; adopted as rule 1464 effective July 1, 1995; previously amended effective January 1, 1996, January 1, 1999, and January 1, 2004; previously amended and renumbered effective January 1, 2007.
(Subd (a) amended effective January 1, 2007; previously amended effective January 1, 1996, January 1, 1999, and January 1, 2004.) (Subd (b) amended effective January 1, 2007; previously amended effective January 1, 2004.) (Subd (c) amended effective January 1, 2007; previously amended effective January 1, 1999, and January 1, 2004.) (Subd (d) amended effective January 1, 2007; previously amended effective January 1, 2004.) (Subd (f) amended effective July 1, 2010; previously amended effective January 1, 1999, January 1, 2004, and January 1, 2007.) (Subd (g) amended January 1, 2007; previously amended effective January 1, 1999, and January 1, 2004.)