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GARY, TILL, BURLINGHAM & LYNCH
STEVEN R. BURLINGHAM, SB# 88544 FILED
Superior Court of California
5330 Madison Avenue, Suite F County of Placer
Sacramento, California 95841
Telephone: (916) 332-8122 FEB 2.0 2018
Facsimile: (916) 332-8153 Jake Chattese
Email: Steveb@gtblaw.com Executive Officpe& Clerk
KA za, Deputy
Attorney for JOSEPH MONTANEZ and
JESSENIA RIVERA-HINOJOS Es
SUPERIOR COURT OF CALIFORNIA
COUNTY OF PLACER
JOSEPH E. MONTANEZ and CASE NO. SCV0040741
JESSENIA RIVERA-HINOJOS, DECLARATION OF STEVEN R.
BURLINGHAM RE: EXHIBIT
Petitioners COMPILATION IN SUPPORT OF
PETITION FOR ALTERNATIVE WRIT
vs.
THE FAMILY NETWORK, INC.
Respondent Date: 2/20/2018
Time: 8:00 a.m.
BILLY DeVORE and LISA GRIJALVA, Dept: 42
Real Parties in Interest
I, Steven R. Burlingham, declare:
1. I am an attorney at law, duly admitted to practice before
all of the Courts of the State of California and the attorney of
record for Petitioners herein.
a Attached are the true and correct copies of the following
Exhibits which are referenced as attachments in the Verified Writ of
Possession, the Petitioner’s Declaration or Points and Authorities
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and other documents filed herein.
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A. Relinquishment of Joseph Montanez;
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B. Relinquishment of Jessenia Rivera-Hinojos;
C's January 30, 2018 Request for Rescission of
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Relinguishment (form 508) by Joseph Montanez;
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D. January 30, 2018 Request for Rescission of
Relinquishment (form 508) by Jessenia Rivera-Hinojos;
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Co
E-1 January 29, 2018 Initial Request to Rescind by Joseph
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Montanez; and
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E-2 January 29, 2018 Initial Request to Rescind by
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Jessenia Rivera-Hinojos.
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iP February 5, 2018 letter to The Family Network.
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DD
G. Verified Petition for Writ of Mandate (Sacramento
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County) without Exhibits filed February 10, 2018 with
WAN
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proofs of service showing February 12, 2018 service.
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H. February 14, 2018 Amended Request for Rescission of
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NH
Relinquishment (form 508) by Joseph Montanez.
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I. February 14, 2018 Amended Request for Rescission of
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Relinquishment (form 508) by Jessenia Rivera-Hinojos.
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oD. February 14, 2018 Letter from the Family Network
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denying Petitioners’ Request to Rescind.
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K. 22 California Code of Regulations §35169, 35170.
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L. Copy of Verified Petition for Writ of Mandate;
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M. Copy of Verified Complaint for Rescission of
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Relinquishment.
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I declare under penalty of perjury under the laws of the State
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of California that the foregoing is true and correct.
On
Executed this 19% day of February, 2018, Sacramento,
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California.
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“Sierra, R. Burlinghamy Attorney
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for Petitioners~-
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EXHIBIT “A”
OF
STATE CALIFORNIA AND
- HEALTH HUMAN AGENCY
SERVICES CALIFORNIA SERVICES
OF SOCIAL
DEPARTMENT
RELINQUISHMENT
In orOut-of-County
(BirthMother/Biological Father/Presumed Father inCalifornia)
beforesending thisformtoan out-of-countyagency thathas been
Complete thissection
requestedto taketheannexed hment.
ralinquis
onthis day of Janay 20 8,
the
(NAME-OF
AGENCY}
to
willingness acceptthe annexed relinquishmentandto acceptsaid minorchildforadoption.
_hereby its
signifies
By (AUTHORIZED
AGENCY OFFICIAL)
I ca -Hinni themother/fatherof MilesRivera ,aminor Maje_ child,
(NAMEOFPARENT) OF
(NAME CHILD) (GENDER)
in
_. Sacramento California
bom on 12/27/2017 ( STATE)
(DATE) , (cry)
relinquishand surrenderthechildforadoptionto_TheFamily Inc.
Network,
do hereby (NAMEOF AGENCY)
CA 95678 ( 916 ) 480-1101
126 Grove Street,Roseville, NUMBER)
(TELEPHONE
{AGENCYADDRESS)
by theCaliforniaDepartment of SocialServicesor authorizedby Welfare and Code
Institutions
an organizationlicensed
46130 tofindhomes for and
children to placechildreninhomes foradoption.
[] | amnot naming theprospectiveadoptive for
parent(s) my child.
{fr | amnaming the person(s)
following as the adoptive
prospective parent(s):
BillyDeVore and lisa Grijalva
{FULL
NAME(S)
OF PROSPECTIVE
ADOPTIVE
PARENT(S))
isnot placed inthe home ofthe named person(s)ormy childisremoved from thehome beforethe
ifmy child the
adoption iscompleted,the agency willnotifyme. | have
wili 30 days fromthe date ofthe noticetorescind
take
relinquishment, no action orselectanother placement formy child.If |do notrescind therelinquishment
withinthe30-day period,theagency may placethechildina home that theagency selects,
thatwhen thisrelinquishmentisfiledwithand acknowledged by the Department
California of Social
|fullyunderstand
Services, my
all to
rights thecustody, servicesand eamings child
phthe and forthe
any responsibility careand supportof
thechild be
will jerminated. AY; ‘
‘—tf_ f “Tf 5 oe
Z f~ cS £1 Zi ie rH" c
tis/
(DATE} GHPASENT)
(SIGNATURE
The foregoingrelinquishmentwas signed on py Jessenia Rivera-Hinogjos inthe presenceof:
(ATED {NAMEOFPARENT)
if
Patcicia, Stan e\& (Are:
¢ = —_
Joseph Montane
)
(NAMEOFWITNESS)
=. OZZZ MELE
STATE OF CALIFORNIA A
COUNTY OF 4 x fAMEYV df me
On this day of A A as, ,20 18 me,
, before | uke Wj eonard MSW A
\ {NAMEOF AGENCY
AUTHORIZED OFFICIAL)
an authorized of
officialthe The Family Network, inc an
NAMEOFAGENC
organizationlicensed by theCaliforniaDepartment ofSocial Servicesor @ thorized by Welfare and Code
Institutions
Section 16130 to find homes for children and to place children in homes for adoption, personally
appeared_jessenia Rivera-Hingjas known to ms tobe the personwhose names scribedtothe
PARENT)
(NAME OF
withininstrumentand acknowledged to me thathe/she e
PRE OF
a’
RRS AR
Sociai Worker
AD$01
{TITLE}
(ENGYSP) {6/14) AD
AND
AD 503
- REPLACES 021
= ?
EXHIBIT A
DEPARTMENT
CALIFORNIA OFSOCIALSERVICES
OF
STATE ANO
- HEALTH
CALIFORNIA HUMAN AGENCY
SERVICINS
STATEMENT OF UNDERSTANDING
AGENCY ADOPTIONS PROGRAM
the child to the adoption agency so the
a child means permanently giving
Relinquishing You permanently give the child tothe
choose other parent(s) toadopt the child.
agency can g and the relinquishment
signing this Statement of Unde rstandin
adoption agency by these documents
any rights as a parent toyour child once
document. You willno longer have
CaliforniaDepartment ofSocial Services.
been filedwith and acknowledged by the
have
of the child,you should be aware thai
thought to be a biological/presumed father
Ifyou are the child even ifyou deny
legal rightsand responsibilitiestoward
under the law you have tophysical custody
to took forlegalcounsel toobtain the right
paternity.You also have a right help you.
child,there are services availableto
child. you
If want to be a parent tothe
of the
decision. You should know allthe
childto the adoption agency is avery important
Giving your e you make your ion.
decis
itsadvantages and disadvantages befor
factsabout and
it weigh
To Complete The Statement Of Understanding:
Instructions
OF UNDERSTANDING AND THE RELINQUISHMENT
BEFORE YOU SIGN THIS STATEMENT TO
WITH YOUR SOCIAL WORKER. BE SURE
DOCUMENT, READ BOTH VERY CAREFULLY
ABOUT ANYTHING YOU DO NOT UNDERSTAND.
ASK QUESTIONS
carefullythought about giving your childto the
Statement of Understanding only afteryou have
1. Complete this by prospective adoptive (s)
parent
are sure you want your child adopted and raised
adoption agency and you
selected by the on
adopti agency.
If youdo not understand a statement, ask your social
each ofthe statements inthisdocument very carefully.
2. Read
worker to explain you
it to untilyou do understand.
your in
initials the box next tothe number ofthatstatement.
if youunderstand and agree with a statement, put
3.
your social worker's explanation, do not the
initial
agree, or if youdo not understand a staternentafter
4. If youdo not
box. Ask formore help and time in making your decision.
Two witnesses must be present when you sign your
all
initialed the boxes, sign your name at theend.
5. If youhave ifthisform is signed outside of
theirnames afteryours. (Witnesses are not necessary
name and they willsign
California).
and the relinquishment document once ithas been
6. You willreceive a copy of thisStatement of Understanding
compieted.
must be used with one of the following forms:
This form
501, AD 501A, AD 504, AD 583, AD 584, or AD 4339.
AD
P. .
Father
Bislogica’Presumed who
a Child
of Detained,
Is Not Court
a Juvenile age 1 of 6
AD 885 ora
Mother
(3/14)
Ward
the ofa Legal (This
Guardian. AD
replaces
form 4338)
Care,
in Out-ol-home
Depentient or
EXHIBIT A
OF
DEPARTMENT
CALIFORNIA SERVICES
SOCIAL
OF
STATE AND
~ HEALTH
CALIFORNIA HUMAN AGENCY
SERVICES
STATEMENT OF UNDERSTANDING
of a Child Who Is Not Detained, a Juvenile Court
Mother or a Biological/Presumed Father
Care, or the Ward of a Legal Guar dian
Dependent in Out-of-home
Date ofBirth 12/27/2017
Name ofChild Miles Rivera
tohelp me in the relinquishment process and the adoption
1 iunderstand |have the rightto look fora lawyer
&
can refer me to publiclegal help inmy community.
agency
Ba
isto me
tell about itsadoption planformy child.
|understand the agency
foradoption toother professional people, my family
|may talkabout my plan to give up my child
|understand
and friends.
and the relinquishment document, |shall no longer be
4. |understand if|sign thisStatement ofUnderstanding Department of
with and acknow ledged by the ia
Californ
e
my child'slegalparent once these documents arefiled
Social Services. This means:
be responsible forthe care ofmy child;and
A. {shall no longer
to the custody,services or earnings of my child.
B. {shallno longer have any right
there are other places the agency can referme to that
|understand if|am not sure | want to giveup my child,
2S
withfamily,health, money and other problems.
could help me
giving my childtothe adoption agency.
6. [understand that bysigning the relinquishment | am
PS
adoptive parent(s), |am givingup the rightto
If|sign a relinquishment thatdoes not name the prospective
A. about who adopts my child be
will made by
prospective adoptive s)
parent( and the finaldecision
select the
the adoption agency.
the prospective adoptive parent(s)for my child.
C iam not naming
adoptive parent(s), |am giving my child to the
B. If| sign a relinquishment that names the prospective
with the person(s) named on the relinquishment
adoption agency which intends to place my child
document.
followingperson(s) as the prospective adoptive parent(s):
Sree 1am naming the
BillyDeVore and Lisa Grijaiva
person(s) or my childis removed from the home before
Ifmy childisnot placed inthe home of thenamed
the adoption iscompleted:
return receipt requested, within 72 hours of the
The agency: willsend me a notice by certifiedmail,
(1) my childfram the home. |must
not toplace my childforadoption orthe decision to remove
decision such a notice.
keep the agency informed ofmy address if want
| toreoeive
days from thedate the notice was mailed tome to either:
(2) |shalihave 30
rescind the relinquishment if| deliver,or have
a. Rescind the relinguishment. The agency will
a writtenrequest to rescind the relinquishment tothe agency
delivered by mail or othermeans,
beforethe end ofthe 30-day period,or
the 30-day period, |shall lose my rightto rescind the
b. Take no action.If| take no-action during
agency willselectadoptive parent(s) for my child,or
relinquishment and the
child. during
ff, the 30-day period, |select another person(s)
c. Select another placement formy
| shallrescindthe relinqu
initial ishment and complete a new
withwhom my childis tobe placed,
the person(s) withwhom | then wish theagency fo place my
relinquishment document ing
identify
child.
Who
of a Child Is Not Detained, Court
a Juvenile
AD885 Mother
(3/14) ora Father
Biological/Presumed Page 2 of6
Ward
or the of a Legal (This
Guardian. AD
replaces
form 4338)
Care,
in Out-ol-nome
Dependent
EXHIBIT A
parent(s) and the birth relatives,including the birthparents, may
fu 7. |understand that the prospective adoptive
continuing corttactbetween the birthrelatives,including
enter into an enforceable writtenagreement to permit
the birthparents, and the child the
if court approves.
agency, |may place my child foradoption with
if| decide not to give my childto the adoption
ae 8. |understand s).
parent( This iscalled an
only to an adoption of my child by ese
this/th
parent(s) | find myself and agree
Independent Adoption.
granted incourt, allinheritance rights from any blood relatives
§S 9. |understand aftermy child'sadoption has been
willor in a trustwhich specificallyincludesmy child. My
willend unless they have made arrangemenis intheir
inheritfrem his/her prospective adoptive parent(s).
chiidwiltlegally
and the relinquishment document, | can take them back
aX 10. |understand If|sign thisStatement of Understanding
or before ithas been filedwith and acknowledged by
during any holding period referredto inNumber 18 below
|also signed a “Waive r of Right To Revoke
Department of Social Services, unless
the California the relinquishment is
If|signed a Waiver of Right To Revoke Relinquishment,
Relinquishment” (AD 929A). Section where
next s
busines day as noted on the Waiver inthe
irrevocable immediately or atthe close ofthe
unless the waiver isvoid or the relinquishment is
“Birth parent must one
initial of the following statements:”
rescinded.
must return my child tome within three working days
A. Under normal circumstances the adoption agency
should ittake more than seven calendar days.
and in no case
parent continue
will unless taken away by other legalaction.
B. The rightsand responsibilitiesas my child's
to me would hurt or otherwise harm my child, the
C. the adoption agency believes returning my child
child ive
protect services agency. The adoption
agency willmake an immediate referralto the county’s
agency willletme know inwritingifthey do this.
Social Services has filedand acknowledged my signed
| understand once the California Department of
ik 11.
relinquishment itisfinal,and
returned to me unless the adoption agency agrees or
A. |cannot stop the relinquishment and have my child
on the relinquishment and my chiidisnot placed
the prospective adoptive parent(s) is/arenamed
unless is completed.
or my child isremove d from thehome before the adoption
inthe named home
agency willinform me inwriting ofthe reason(s) for
B. Ifthe adoption agency does not agree, the adoption
not returning my child.
the rightsand responsibilitiesas my child'sparent will
C. tfthe adoption agency agrees to returnmy child,
continue unless taken away by other legalaction.
itwillnormally take three working days and inno case
D. ifthe adoption agency agrees toreturn my child,
can ittake more than seven calendar days.
or the subject of a petition forjuvenile court
| understand that if the child isa juvenile court dependent
our 12. e
juvenil court,the child'slawyer, and
agency must provide written tion
notifica to the
the
jurisdiction, adoption
ifany, ofthe relinquishment withinfivecourt days.
my lawyer,
agency must answer my questions about his/her
before my child’islegally adopted, the adoption
mr 43. understand
{| tion
informa about the
any future time,the agency must give me ailknown
situation. If|ask for information at
my child has been placed foradoption, the approximate date
status of my child’sadoption, including whether
was not completed or was vacated forany reason, whether
the adoption was completed and, ifthe adoption
adoptive placement ofmy childisagain being considered.
of my address if|want to know when my child
{understand | must keep the adoption agency informed
A.
in an adoptive home and when my child was legally adopted.
was placed
Pp 30f6
Who
of 3 Chiid is Not Court
a Juvenile
Detained,
885 Mother
{3/14} or Father
2 Biologicali/Presumed age 30
AD form
(This AD
replaces 4338)
of
Care,
in Out-ol-home theWardofa Guardian.
Legal
Dependent
EXHIBIT A
parent(s) and the birth relatives,Including the birthparents, may
iu 7. \ understand that the prospective adoptive
continuing contact between the birth ,
relatives g
includin
enter intoan enforceable writtenagreement to permit
the birthparents, and the child the
if court approves.
agency, |may place my child foradoption with
if| decide not te give my child tothe adoption
a 8. |understand parent(s). This is called an
and agree only to an adoption of my childby this/these
parent(s) | findmyself
Independent Adoption.
granted incourt, allinheritance rightsfrom any biood relatives
g8 9. |understand aftermy child'sadoption has been
willor in atrust which specificallyincludes my child. My