reglab/statecodes huggingface dataset:
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 4 - Institutions and Boarding Homes for Persons Aged 16 and Above › Chapter 3 - Adoptions Program Regulations [Renumbered] › Subchapter 1 - Adoptions Program Terminology › Section 35000 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
(1) "AAP-Eligible Child" means a child who
						meets the eligibility criteria defined in Welfare and Institutions Code Section
						16120.
(2) "Acknowledgement" means notice from the
						department of the filing of relinquishment(s) or Notice of Action in lieu of
						relinquishment that a child is free for adoptive placement.
(3) "Adoption Abroad" means the adoption of a
						foreign-born child by a United States citizen or a lawful permanent resident
						alien of the United States completed in foreign courts under the laws of the
						foreign country.
(4) "Adoption
						Assistance Program (AAP)" means a program of financial and/or medical
						assistance to facilitate the adoption of children who otherwise would remain in
						long-term foster care.
(5)
						"Adoption Service Provider (ASP)" means a licensed private adoption agency or
						individual ASP, as defined at Family Code section
						8502.
(6) "Adoptive Parent," as used in these
						regulations, means a person who has obtained an order of adoption of a minor
						child.
(7) "Agency" means a
						licensed California private adoption agency, county adoption agency or the
						Department's Adoption Offices.
(8)
						"Agency Adoption," as defined at Family Code section
						8506, means
						the adoption of a minor child, other than an intercountry or independent
						adoption, where the Department, county adoption agency, or licensed adoption
						agency is a party to, or joins in, the adoption petition.
(9) "Alleged Father" means an identified or
						unidentified male who:
(A) could be, or claims
						to be, the father of the child;
(B)
						does not meet the definition of a presumed father; and
(C) has not otherwise established
						paternity.
(10)
						"Applicant," as defined at Family Code section
						8509, means a
						person who has submitted a written application to adopt a minor child through
						the Department, county adoption agency, or licensed adoption agency and who is
						being considered by the adoption agency for the adoptive placement of a
						child.
(11) "Appropriate Public
						Authority" means, for the purpose of the ICPC, the state's Interstate Compact
						Administrator.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 4 - Institutions and Boarding Homes for Persons Aged 16 and Above › Chapter 3 - Adoptions Program Regulations [Renumbered] › Subchapter 2 - General Requirements › Article 1 - Correction, Alteration, Translation and Reading of Forms › Section 35002 - Making Corrections or Alterations to the Relinquishment or Consent Form

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
						  relinquishment or consent form shall not be corrected or altered unless the
						  correction or alteration is initialed by all of the following:
(1) The parent who signed the form.
(2) The reader or translator, if one was
						  used.
(3) The authorized
						  representative of the agency.
(4)
						  The witnesses to the relinquishment (only in an agency
						  adoption).
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 4 - Institutions and Boarding Homes for Persons Aged 16 and Above › Chapter 3 - Adoptions Program Regulations [Renumbered] › Subchapter 2 - General Requirements › Article 1 - Correction, Alteration, Translation and Reading of Forms › Section 35003 - Procedures for Parents Who Cannot Read English or Cannot Read Any Language

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the parent
						  signing the relinquishment, consent, or statement of understanding form cannot
						  read English but does read their native language, the agency or adoption
						  service provider shall:
(1) Provide all
						  relinquishment, consent, and statement of understanding forms written in the
						  parent's native language.
(A) The agency or
						  adoption service provider (ASP) shall contact the Department's Forms
						  Coordinator to obtain a copy of the appropriate forms translated into the
						  parent's native language. If the forms are not available in the parent's native
						  language, the Department will arrange for the translation of the
						  forms.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 4 - Institutions and Boarding Homes for Persons Aged 16 and Above › Chapter 3 - Adoptions Program Regulations [Renumbered] › Subchapter 2 - General Requirements › Article 1 - Correction, Alteration, Translation and Reading of Forms › Section 35005 - Relinquishment and Consent Procedures for Parents Who Cannot Read. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 9-1-87; operative 10-1-87. Ed. Note: The printing of this
							 regulation was delayed due to necessary reformatting (Register 88, No. 50). For
							 history of former chapter 3, see Register 88, No. 1.
2. Editorial
							 correction of printing error in subsection (a) (Register 91, No.
							 32).
3. Change without regulatory effect amending NOTE filed 8-2-91
							 pursuant to section
							 100, title 1, California Code of
							 Regulations (Register 91, No. 52).
4. Change without regulatory
							 effect amending subsection (a)(3)(A) and NOTE filed 3-27-95 pursuant to section
							 100, title 1, California Code of
							 Regulations (Register 95, No. 13).
5. Repealer filed 7-30-98 as an
							 emergency; operative 8-1-98 (Register 98, No. 31). A Certificate of Compliance
							 must be transmitted to OAL by 11-30-98 or emergency language will be repealed
							 by operation of law on the following day.
6. Repealer refiled
							 11-24-98 as an emergency; operative 11-29-98 (Register 98, No. 48). A
							 Certificate of Compliance must be transmitted to OAL by 3-29-99 or emergency
							 language will be repealed by operation of law on the following
							 day.
7. Certificate of Compliance as to 11-24-98 order transmitted
							 to OAL 3-25-99 and filed 5-3-99 (Register 99, No.
							 19).
Note: Authority cited: Sections
								10553
								and
								10554,
								Welfare and Institutions Code; Section
								1530,
								Health and Safety Code; and Section
								8621, Family
								Code. Reference: Sections
								8700 and
								8806, Family
								Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 4 - Institutions and Boarding Homes for Persons Aged 16 and Above › Chapter 3 - Adoptions Program Regulations [Renumbered] › Subchapter 2 - General Requirements › Article 1 - Correction, Alteration, Translation and Reading of Forms › Section 35007 - Recording of Reading of Forms. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 9-1-87; operative 10-1-87. Ed. Note: The printing of this
							 regulation was delayed due to necessary reformatting (Register 88, No. 50). For
							 history of former chapter 3, see Register 88, No. 1.
2. Change
							 without regulatory effect amending NOTE filed 8-2-91 pursuant to section
							 100, title 1, California Code of
							 Regulations (Register 91, No. 52).
3. Change without regulatory
							 effect adding new subsection (a) designator and amending NOTE filed 3-27-95
							 pursuant to section
							 100, title 1, California Code of
							 Regulations (Register 95, No. 13).
4. Repealer filed 7-30-98 as an
							 emergency; operative 8-1-98 (Register 98, No. 31). A Certificate of Compliance
							 must be transmitted to OAL by 11-30-98 or emergency language will be repealed
							 by operation of law on the following day.
5. Repealer refiled
							 11-24-98 as an emergency; operative 11-29-98 (Register 98, No. 48). A
							 Certificate of Compliance must be transmitted to OAL by 3-29-99 or emergency
							 language will be repealed by operation of law on the following
							 day.
6. Certificate of Compliance as to 11-24-98 order transmitted
							 to OAL 3-25-99 and filed 5-3-99 (Register 99, No.
							 19).
Note: Authority cited: Sections
								10553
								and
								10554,
								Welfare and Institutions Code; Section
								1530,
								Health and Safety Code; and Section
								8621, Family
								Code. Reference: Sections
								8700 and
								8806, Family
								Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 4 - Institutions and Boarding Homes for Persons Aged 16 and Above › Chapter 3 - Adoptions Program Regulations [Renumbered] › Subchapter 2 - General Requirements › Article 2 - Recruitment-Agency Adoptions › Section 35009 - Dissemination of Information Regarding AAP-Eligible Children, AAP, and Reimbursement of Nonrecurring Adoption Expenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The agency shall inform the public
						  regarding:
(1) The need for adoptive parents
						  for AAP-eligible children.
(2)
						  AAP.
(3) Reimbursement for
						  nonrecurring adoption expenses.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 4 - Institutions and Boarding Homes for Persons Aged 16 and Above › Chapter 3 - Adoptions Program Regulations [Renumbered] › Subchapter 2 - General Requirements › Article 2 - Recruitment-Agency Adoptions › Section 35011 - Recruitment of Adoptive Applicants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The department, county adoption agency,
						  or licensed adoption agency shall recruit prospective adoptive applicants who
						  will meet the needs of children for whom a plan of adoption is being
						  recommended.
(b) The agency
						  responsible for recruitment of prospective adoptive parents shall make diligent
						  efforts to recruit individuals who reflect the race, ethnicity and cultural
						  diversity of children for whom adoptive homes are needed. All placement
						  decisions should be specific to the needs of the individual child.
(c) The agency responsible for recruitment
						  shall accept applications from prospective adoptive parents who express
						  interest in providing permanency to a child/youth whose race, color or national
						  origin does not match their own.
(1) This
						  section shall not affect the application of the federal Indian Child Welfare
						  Act.
(2) In recruiting prospective
						  adoptive applicants, the department, county adoption agency, or licensed agency
						  shall apply the requirements of Family Code sections
						  8708,
						  8709,
						  8710, and
						  8711.
(3) The agency shall inform the unmarried
						  applicant that the ability to adopt is not limited by the applicant's marital
						  status.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 4 - Institutions and Boarding Homes for Persons Aged 16 and Above › Chapter 3 - Adoptions Program Regulations [Renumbered] › Subchapter 2 - General Requirements › Article 2 - Recruitment-Agency Adoptions › Section 35013 - Provision of Information Regarding the Adoption of an AAP-Eligible Child

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The agency
						  shall inform applicants regarding the availability of:
(1) AAP-eligible children in need of adoptive
						  parents;
(2) Supportive services to
						  assist the adoptive parent in meeting the AAP-eligible child's needs;
(3) AAP payments for AAP-eligible children;
(A) The agency shall inform the applicant for
						  the adoption of the AAP-eligible child that the ability to adopt is not limited
						  by the applicant's income or lack of income and that there is no test for the
						  applicant's financial means as a prerequisite for adoption.
(B) The agency shall inform the applicant for
						  the adoption of the AAP-eligible child that availability of AAP support for
						  group home care and residential treatment is limited.
(C) The agency shall inform the applicant for
						  adoption of an AAP-eligible child of the provisions of Welfare and Institutions
						  Code Section
						  16120(h).
(4) Medi-Cal for AAP-eligible children;
						  and
(5) Reimbursement for
						  nonrecurring adoption expenses incurred in the adoption of an AAP-eligible
						  child.
(A) The agency shall inform the
						  applicant for the adoption of an AAP-eligible child that the ability to receive
						  this reimbursement is not limited by the applicant's income and that there is
						  no test of the applicant's financial means as a prerequisite for this
						  reimbursement.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 4 - Institutions and Boarding Homes for Persons Aged 16 and Above › Chapter 3 - Adoptions Program Regulations [Renumbered] › Subchapter 2 - General Requirements › Article 2 - Recruitment-Agency Adoptions › Section 35015 - Recruitment Efforts for Children Who Have Been Freed for Adoption or those with a Case Plan Goal of Adoption

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department, county adoption agency
						  and licensed adoption agency efforts to recruit prospective adoptive parents
						  for children whom the agency is placing for adoption may include but are not
						  limited to:
(1) Contact with other public and
						  private adoption agencies.
(2)
						  Presentation of information regarding the child on television and/or other
						  media outreach programs, if appropriate.
(3) Presentation of information concerning
						  the child at exchange meetings of agencies.
(4) Participation in the state photo-listing
						  album of children as appropriate.
(5) Contact with parent groups regarding
						  specific children.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 4 - Institutions and Boarding Homes for Persons Aged 16 and Above › Chapter 3 - Adoptions Program Regulations [Renumbered] › Subchapter 2 - General Requirements › Article 2 - Recruitment-Agency Adoptions › Section 35017 - Requirements for Photo-Listing Children Who Have Been Freed for Adoption or those with a Case Plan Goal of Adoption

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As a means of recruiting prospective
						  adoptive families and promoting permanency outcomes, the Department, county
						  adoption agency, or licensed adoption agency shall register with the
						  photo-listing service of the Department each child who has been freed for
						  adoption and whose case plan goal is adoption.
(b) In order to register the child, the
						  Department, county adoption agency, or licensed adoption agency shall submit
						  the following to the photo-listing service of the Department:
(1) Two recent color photographs of the child
						  which are:
(A) head-to-chest
						  close-ups;
(B) no smaller than 3
						  1/2 inches by 3 1/3 inches in dimension;
(C) taken no more than six months prior to
						  registration.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 4 - Institutions and Boarding Homes for Persons Aged 16 and Above › Chapter 3 - Adoptions Program Regulations [Renumbered] › Subchapter 2 - General Requirements › Article 2 - Recruitment-Agency Adoptions › Section 35019 - Notification of Changes in Photo-Listing Status and Updating Photo-Listing Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  The Department, county adoption agency or licensed adoption agency shall notify
						  the photo-listing service, by telephone or email, of any adoptive placements or
						  of any significant changes in the child's photo listing status within two
						  working days of that change.
(b)
						  Significant change means:
(1) the child's
						  case plan goal is revised to other than adoption;
(2) the child has reached the age of 12 and
						  will not consent to be adopted;
(3)
						  there is a change in the child's physical, mental or behavioral state;
						  or
(4) the child
						  dies.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 4 - Institutions and Boarding Homes for Persons Aged 16 and Above › Chapter 3 - Adoptions Program Regulations [Renumbered] › Subchapter 2 - General Requirements › Article 3 - Staffing Requirements › Section 35021 - Compliance with CCR Requirements for the Staffing of Adoption Agencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The agency
						  shall comply with Title 22, California Code of Regulations, Division 6, Chapter
						  9, Articles 1 and 2.
1. New
							 section filed 9-1-87; operative 10-1-87. Ed. Note: The printing of this
							 regulation was delayed due to necessary reformatting (Register 88, No. 50). For
							 history of former chapter 3, see Register 88, No. 1.
2. Change
							 without regulatory effect amending NOTE filed 8-2-91 pursuant to section
							 100, title 1, California Code of
							 Regulations (Register 91, No. 52).
3. Change without regulatory
							 effect amending NOTE filed 3-27-95 pursuant to section
							 100, title 1, California Code of
							 Regulations (Register 95, No. 13).
Note: Authority cited: Sections
								10553
								and
								10554,
								Welfare and Institutions Code; Section
								1530,
								Health and Safety Code; and Section
								8621, Family
								Code. Reference: Section
								16100,
								Welfare and Institutions Code; and Section
								1530,
								Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 4 - Institutions and Boarding Homes for Persons Aged 16 and Above › Chapter 3 - Adoptions Program Regulations [Renumbered] › Subchapter 2 - General Requirements › Article 4 - Background [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						  Certificate of Compliance as to 11-24-98 order renumbering of former section
						  35023 to new section
						  35092 and repealing the remainder
						  of article 4 (formerly sections
						  35023-35027) transmitted to OAL
						  3-25-99 and filed 5-3-99 (Register 99, No. 19).
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 4 - Institutions and Boarding Homes for Persons Aged 16 and Above › Chapter 3 - Adoptions Program Regulations [Renumbered] › Subchapter 2 - General Requirements › Article 5 - Freeing a Child for Adoption [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						  Certificate of Compliance as to 11-24-98 order repealing article 5 (sections
						  35029-35035) transmitted to OAL
						  3-25-99 and filed 5-3-99 (Register 99, No. 19).
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 4 - Institutions and Boarding Homes for Persons Aged 16 and Above › Chapter 3 - Adoptions Program Regulations [Renumbered] › Subchapter 3 - Administrative Requirements › Article 1 - Administration of Public and Private Agencies › Section 35037 - Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Adoption
						  agencies shall comply with the requirements of Title 22, California Code of
						  Regulations, Division 6, section
						  89137(b) and
						  Family Code sections
						  8716,
						  8810,
						  8907, and
						  9203(f).
(b) The applicant or petitioner is
						  responsible for any fees required to obtain criminal record clearances,
						  pursuant to Family Code sections
						  8712(d),
						  8811(d)
						  and
						  8908(d).
(1) If the adoption agency or the Department
						  defers, waives, or reduces the fee to be paid by the applicant or petitioner,
						  the adoption agency or the Department is responsible for payment of the fees to
						  the Department of Justice, excluding any live scan site fee that may be
						  charged.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 4 - Institutions and Boarding Homes for Persons Aged 16 and Above › Chapter 3 - Adoptions Program Regulations [Renumbered] › Subchapter 3 - Administrative Requirements › Article 1 - Administration of Public and Private Agencies › Section 35039 - Manual

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Agencies shall
						  make available a copy of Title 22, California Code of Regulations, Division 2,
						  Chapter 3 to all agency employees who provide adoption services.
(b) Agencies shall make available a copy of
						  Title 22, California Code of Regulations, Division 6, to all agency employees
						  who provide adoption services.
1. New
							 section filed 9-1-87; operative 10-1-87. Ed. Note: The printing of this
							 regulation was delayed due to necessary reformatting (Register 88, No. 50). For
							 history of former chapter 3, see Register 88, No. 1.
2. Change
							 without regulatory effect amending section filed 8-2-91 pursuant to section
							 100, title 1, California Code of
							 Regulations (Register 91, No. 52).
3. Change without regulatory
							 effect amending NOTE filed 3-27-95 pursuant to section
							 100, title 1, California Code of
							 Regulations (Register 95, No. 13).
Note: Authority cited: Sections
								6553,
								10554
								and
								16118(a),
								Welfare and Institutions Code; Sections
								8621 and
								8901, Family
								Code; and Section
								1530,
								Health and Safety Code. Reference: Sections
								10553
								and
								10554,
								Welfare and Institutions Code; and Section
								1530,
								Health and Safety Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 4 - Institutions and Boarding Homes for Persons Aged 16 and Above › Chapter 3 - Adoptions Program Regulations [Renumbered] › Subchapter 3 - Administrative Requirements › Article 1 - Administration of Public and Private Agencies › Section 35041 - Reporting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  Agencies shall submit the following reports to the department, including but
						  not limited to:
(1) Reports required for the
						  implementation of the ICWA.
(2)
						  Reports required for the implementation of
						  Public Law
						  96-272 (Title 42, United States Code, Sections
						  673 and
						  675), including reports necessary
						  to meet Title IV-B planning requirements.
(3) Reports required for the determination of
						  allocations to public adoption agencies.
(4) Reports required for the department's
						  evaluation of the efficiency of agencies in placing children for
						  adoption.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 4 - Institutions and Boarding Homes for Persons Aged 16 and Above › Chapter 3 - Adoptions Program Regulations [Renumbered] › Subchapter 3 - Administrative Requirements › Article 1 - Administration of Public and Private Agencies › Section 35043 - Maternity Care. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 9-1-87; operative 10-1-87. Ed. Note: The printing of this
							 regulation was delayed due to necessary reformatting (Register 88, No. 50). For
							 history of former Chapter 3, see Register 88, No. 1.
2. Change
							 without regulatory effect amending subsections (a)(1)-(2) and NOTE filed
							 3-27-95 pursuant to section
							 100, title 1, California Code of
							 Regulations (Register 95, No. 13).
3. Amendment filed 7-30-98 as an
							 emergency; operative 8-1-98 (Register 98, No. 31). A Certificate of Compliance
							 must be transmitted to OAL by 11-30-98 or emergency language will be repealed
							 by operation of law on the following day.
4. Amendment refiled
							 11-24-98 as an emergency; operative 11-29-98 (Register 98, No. 48). A
							 Certificate of Compliance must be transmitted to OAL by 3-29-99 or emergency
							 language will be repealed by operation of law on the following
							 day.
5. Certificate of Compliance as to 11-24-98 order transmitted
							 to OAL 3-25-99 and filed 5-3-99 (Register 99, No. 19).
6. Repealer
							 filed 1-13-2021; operative 4-1-2021 (Register 2021, No. 3). (Filing deadline
							 specified in Government Code section
							 11349.3(a)
							 extended 60 calendar days pursuant to Executive Order
							 N-40-20.)
Note: Authority cited: Sections
								10553
								and
								10554,
								Welfare and Institutions Code; and Section
								8621, Family
								Code. Reference: Sections
								10553
								and
								10554,
								Welfare and Institutions Code.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 4 - Institutions and Boarding Homes for Persons Aged 16 and Above › Chapter 3 - Adoptions Program Regulations [Renumbered] › Subchapter 3 - Administrative Requirements › Article 1.1 - Unavailability of Verifying Documents › Section 35044 - Procedures Regarding Unavailability of Documents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When a verifying official document is
						  unavailable, the agency shall request the individual who would have submitted
						  the official document to attempt to obtain a letter from the appropriate United
						  States or foreign official stating that the document is not available and the
						  reason it is not available.
(b) If
						  a letter from the appropriate official is not received within 60 days of the
						  individual's request, the agency shall request the individual's signed and
						  notarized declaration specifying the:
(1)
						  Type of document not available.
(2)
						  Factual information contained on the document.
(3) Measures taken to obtain a copy of the
						  document and to obtain a letter from the appropriate United States or foreign
						  official.
(4) Certification that
						  includes the following statement:
(A) "I
						  certify under penalty of perjury that the above stated information is a true
						  and accurate accounting."
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 4 - Institutions and Boarding Homes for Persons Aged 16 and Above › Chapter 3 - Adoptions Program Regulations [Renumbered] › Subchapter 3 - Administrative Requirements › Article 2 - Content of Case Record › Section 35045 - Compliance with CCR Requirements for Content of Case Record

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Adoption agencies shall comply with the
						  requirements of Title 22, California Code of Regulations, Division 6, Chapter
						  9, Article 2, Sections
						  89179 and
						  89182.
1. New
							 section filed 9-1-87; operative 10-1-87 (Register 88, No. 50).
2.
							 Editorial correction of printing error restoring section
							 35045 not previously printed
							 (Register 91, No. 32).
3. Change without regulatory effect amending
							 section filed 8-2-91 pursuant to section
							 100, title 1, California Code of
							 Regulations (Register 91, No. 52).
4. Editorial correction deleting
							 extraneous text (Register 95, No. 13).
5. Change without regulatory
							 effect amending NOTE filed 3-27-95 pursuant to section
							 100, title 1, California Code of
							 Regulations (Register 95, No. 13).
6. Amendment filed 1-13-2021;
							 operative 4-1-2021 (Register 2021, No. 3). (Filing deadline specified in
							 Government Code section
							 11349.3(a)
							 extended 60 calendar days pursuant to Executive Order
							 N-40-20.)
Note: Authority cited: Sections
								10553
								and
								10554,
								Welfare and Institutions Code; Section
								1530,
								Health and Safety Code; and Section
								8621, Family
								Code. Reference: Section
								1530,
								Health and Safety Code; Section
								1798, Civil
								Code; and Sections
								89179 and
								89182, Title 22, California Code
								of Regulations
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 4 - Institutions and Boarding Homes for Persons Aged 16 and Above › Chapter 3 - Adoptions Program Regulations [Renumbered] › Subchapter 3 - Administrative Requirements › Article 3 - Procedures for Post-Adoption Services › Section 35049 - Releasing Information from an Adoption Case Record

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Refer to Subchapter 8 for additional
						  procedures for the child subject to the provision of the ICWA.
(b) An adoption case record is confidential.
(1) An adoption case record is established
						  when:
(A) An agency accepts the signed
						  relinquishment for an adoptive placement of a child from a relinquishing parent
						  or when a Court orders termination of parental rights and refers the child for
						  adoption planning.
(B) An agency
						  accepts the completed and signed adoption application from a prospective
						  adoptive parent or parents.
(C) An
						  agency receives a filed and endorsed petition for an independent adoption, and,
						  if required, an attached signed adoption placement agreement.
(D) An agency receives any documentation
						  submitted to the agency to facilitate the adoption of a
						  child.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 4 - Institutions and Boarding Homes for Persons Aged 16 and Above › Chapter 3 - Adoptions Program Regulations [Renumbered] › Subchapter 3 - Administrative Requirements › Article 3 - Procedures for Post-Adoption Services › Section 35050 - Providing Updated Medical Information to Adoptive Parents Post Finalization

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The agency shall provide the adoptive
						  parent(s) copies of information received by the agency pursuant to Family Code
						  section
						  8702 or
						  8818 after
						  finalization of the adoption.
(1) The agency
						  shall transmit the information to the adoptive parent(s) upon its receipt.
(A) The agency shall delete the names and
						  addresses of all individuals, including the adoptee and the source, prior to
						  releasing the information.
(B) The
						  agency shall fully disclose all medical and family background information
						  received from the birth parent(s).
(C) The agency shall not interpret or
						  summarize medical terminology or any health conditions indicated in the
						  information received from the birth parent(s). Emphasis shall be placed on
						  citing verbatim from any reports and evaluations received.
(D) The agency shall advise the adoptive
						  parent(s) that, upon receipt of the information, the adoptive parent(s) should
						  consult their physician or mental health professional for further evaluation or
						  interpretation, particularly if the information contains material sensitive in
						  subject matter.
1. The agency shall document
						  in the adoption case record a description of the manner in which the medical
						  information was released and the date on which the information was
						  released.
2. The agency shall
						  retain a copy of the information in the adoption case
						  record.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 4 - Institutions and Boarding Homes for Persons Aged 16 and Above › Chapter 3 - Adoptions Program Regulations [Renumbered] › Subchapter 3 - Administrative Requirements › Article 3 - Procedures for Post-Adoption Services › Section 35051 - Providing a Medical Report upon Request

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The agency shall provide a photocopy of
						  the adoptee's medical report required by Family Code section
						  9202 and all
						  documents related to the medical report upon the written request of an adoptee
						  who has attained the age of 18, an adoptee under the age of 18 who presents a
						  certified copy of their marriage certificate, or an adoptive parent of an
						  adoptee under the age of 18.
(1) The agency
						  shall delete from the medical report and photocopies of the relevant documents
						  the names and addresses of all individuals, including the adoptee and the
						  source, prior to releasing photocopies of the report, unless the person
						  requesting the report has previously received the information pursuant to
						  Family Code section
						  9203.
(2) The agency shall fully disclose all
						  medical and family background information about the adoptee and their birth
						  parent(s) that is in the possession of the agency, as permitted by this
						  section.
(3) The agency shall not
						  interpret or summarize medical terminology or any health conditions indicated
						  in the original source reports. Emphasis shall be placed on citing verbatim
						  from any reports and evaluations contained in the adoption case
						  record.
(4) The agency shall advise
						  the requester that, upon receipt of the medical report, the requester should
						  consult his or her physician or mental health professional for further
						  evaluation or interpretation, particularly if the report contains material
						  sensitive in subject matter.
(5)
						  Attachments of original source reports may not be appropriate under certain,
						  limited circumstances. When the identity of other persons, such as former
						  caretakers and other children in the foster home, would be revealed or when the
						  information is not directly related to the adoptee's current or future
						  well-being, only summaries of original source reports shall be released to the
						  requester.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 4 - Institutions and Boarding Homes for Persons Aged 16 and Above › Chapter 3 - Adoptions Program Regulations [Renumbered] › Subchapter 3 - Administrative Requirements › Article 3 - Procedures for Post-Adoption Services › Section 35053 - Disclosing Information to the Adoptee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Refer to Subchapter 8 for additional
						  procedures for the child subject to the provisions of the ICWA.
(b) The agency shall disclose to the adoptee
						  upon their request the name and most current address of a birth parent of an
						  adoptee whose relinquishment for or consent to adoption was signed on or after
						  January 1, 1984, in accordance with the provisions of Family Code section
						  9203.
1. New
							 section filed 9-1-87; operative 10-1-87. Ed. Note: The printing of this
							 regulation was delayed due to necessary reformatting (Register 88, No. 50). For
							 history of former chapter 3, see Register 88, No. 1.
2. Change
							 without regulatory effect amending section filed 8-2-91 pursuant to section
							 100, title 1, California Code of
							 Regulations (Register 91, No. 52).
3. Amendment of section and NOTE
							 filed 12-29-94; operative 1-1-95 (Register 94, No. 52).
4. Editorial
							 correction of HISTORY 3 (Register 95, No. 13).
5. Amendment of
							 section and NOTE filed 1-13-2021; operative 4-1-2021 (Register 2021, No. 3).
							 (Filing deadline specified in Government Code section
							 11349.3(a)
							 extended 60 calendar days pursuant to Executive Order
							 N-40-20.)
Note: Authority cited: Sections
								10553,
								10554
								and
								10850(d),
								Welfare and Institutions Code; and Sections
								8621 and
								9203, Family
								Code. Reference: Sections
								9203 and
								9206, Family
								Code; and 25 U.S.C.
								1901 et
								seq.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 4 - Institutions and Boarding Homes for Persons Aged 16 and Above › Chapter 3 - Adoptions Program Regulations [Renumbered] › Subchapter 3 - Administrative Requirements › Article 3 - Procedures for Post-Adoption Services › Section 35055 - Disclosing Information to the Birth Parent

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Refer to Subchapter 8 for additional
						  procedures for the child subject to the provision of the ICWA.
(b) The agency shall disclose to a birth
						  parent upon their request the name and most current address of an adoptee over
						  the age of 21 whose relinquishment for or consent to adoption was signed on or
						  after January 1, 1984, when the adult adoptee has given written consent to the
						  disclosure in accordance with Family Code section
						  9203.
1. New
							 section filed 9-1-87; operative 10-1-87. Ed. Note: The printing of this
							 regulation was delayed due to necessary reformatting (Register 88, No. 50). For
							 history of former chapter 3, see Register 88, No. 1.
2. Change
							 without regulatory effect amending section filed 8-2-91 pursuant to section
							 100, title 1, California Code of
							 Regulations (Register 91, No. 52).
3. Change without regulatory
							 effect amending subsection (b) and NOTE filed 3-27-95 pursuant to section
							 100, title 1, California Code of
							 Regulations (Register 95, No. 13).
4. Amendment of section and NOTE
							 filed 1-13-2021; operative 4-1-2021 (Register 2021, No. 3). (Filing deadline
							 specified in Government Code section
							 11349.3(a)
							 extended 60 calendar days pursuant to Executive Order
							 N-40-20.)
Note: Authority cited: Sections
								10553,
								10554
								and
								10850(d),
								Welfare and Institutions Code; and Section
								8621, Family
								Code. Reference: Sections
								8702,
								8818,
								9203 and
								9206, Family
								Code; and 25 U.S.C.
								1901 et
								seq.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 4 - Institutions and Boarding Homes for Persons Aged 16 and Above › Chapter 3 - Adoptions Program Regulations [Renumbered] › Subchapter 3 - Administrative Requirements › Article 3 - Procedures for Post-Adoption Services › Section 35057 - Disclosing Identifying Information to the Adoptee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The agency shall disclose the identity of
						  a birth parent and his or her most current address upon the request of an
						  adoptive parent of an adoptee under the age of 21 whose relinquishment for or
						  consent to adoption was signed on or after January 1, 1984, upon finding by the
						  department or agency that a medical necessity or other extraordinary
						  circumstance justifies the disclosure, if the birth parent has given written
						  permission for such disclosure in accordance with Family Code Sections
						  8702,
						  8818, and
						  9203.
(1) The agency shall not disclose the
						  identity of a birth parent who has indicated that he or she does not wish his
						  or her identity so disclosed.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 4 - Institutions and Boarding Homes for Persons Aged 16 and Above › Chapter 3 - Adoptions Program Regulations [Renumbered] › Subchapter 3 - Administrative Requirements › Article 3 - Procedures for Post-Adoption Services › Section 35059 - Statutory Requirements for Furnishing Information and Access to Case Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  Refer to Subchapter 8 for additional procedures for the child subject to the
						  provision of the ICWA.
(b) The
						  agency shall comply with Family Code section
						  9201 and
						  Welfare and Institutions Code section
						  10852.
1. New
							 section filed 9-1-87; operative 10-1-87. Ed. Note: The printing of this
							 regulation was delayed due to necessary reformatting (Register 88, No. 50). For
							 history of former chapter 3, see Register 88, No. 1.
2. Change
							 without regulatory effect amending section filed 8-2-91 pursuant to section
							 100, title 1, California Code of
							 Regulations (Register 91, No. 52).
3. Change without regulatory
							 effect amending subsections (b) and NOTE filed 3-27-95 pursuant to section
							 100, title 1, California Code of
							 Regulations (Register 95, No. 13).
4. Amendment of section and NOTE
							 filed 1-13-2021; operative 4-1-2021 (Register 2021, No. 3). (Filing deadline
							 specified in Government Code section
							 11349.3(a)
							 extended 60 calendar days pursuant to Executive Order
							 N-40-20.)
Note: Authority cited: Sections
								10553,
								10554
								and
								10850(d),
								Welfare and Institutions Code; and Section
								8621, Family
								Code. Reference: Section
								10852,
								Welfare and Institutions Code; Sections
								9201 and
								9206, Family
								Code; and 25 U.S.C.
								1901 et
								seq.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 4 - Institutions and Boarding Homes for Persons Aged 16 and Above › Chapter 3 - Adoptions Program Regulations [Renumbered] › Subchapter 3 - Administrative Requirements › Article 3 - Procedures for Post-Adoption Services › Section 35061 - Statutory Requirements for the Release of Personal Property

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The agency
						  shall comply with the provisions of Family Code section
						  9206.
1. New
							 section filed 9-1-87; operative 10-1-87. Ed. Note: The printing of this
							 regulation was delayed due to necessary reformatting (Register 88, No. 50). For
							 history of former chapter 3, see Register 88, No. 1.
2. Change
							 without regulatory effect amending section filed 8-2-91 pursuant to section
							 100, title 1, California Code of
							 Regulations (Register 91, No. 52).
3. Change without regulatory
							 effect amending subsection (a) and NOTE filed 3-27-95 pursuant to section
							 100, title 1, California Code of
							 Regulations (Register 95, No. 13).
4. Amendment filed 1-13-2021;
							 operative 4-1-2021 (Register 2021, No. 3). (Filing deadline specified in
							 Government Code section
							 11349.3(a)
							 extended 60 calendar days pursuant to Executive Order
							 N-40-20.)
Note: Authority cited: Sections
								10553,
								10554
								and
								10850(d),
								Welfare and Institutions Code; and Section
								8621, Family
								Code. Reference: Section
								9206, Family
								Code.