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 5 - Procedures for Agency Adoptions › Article 6 - Accepting the Statement of Understanding › Section 35152.1 - Statement of Understanding for the Parent Whose Child is Not Subject to the ICWA

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  (Reserved)
(b) In addition to the
						  filing options described in Section
						  35141, the Statement of
						  Understanding shall contain statements which summarize the following:
(1) For a mother or a presumed father of the
						  child who is not detained, a juvenile court dependent in out-of-home care, or
						  the ward of legal guardian:
(A)
						  (Reserved)
(B) The parent has the
						  right to seek legal counsel to assist in the relinquishment process and the
						  agency can refer the parent to public legal assistance in the
						  community.
(C) The agency shall
						  tell the parent its plan for the adoption of the child.
(D) The parent may talk about the plan to
						  relinquish the child with other professionals and with family and
						  friends.
(E) Even if the presumed
						  father states orally or in writing he is not the parent of the child, he is a
						  presumed father under the law and he has legal rights and responsibilities with
						  respect to the child.
(F)
						  Relinquishment means the parent who relinquishes will no longer be the child's
						  legal parent.
(G) The parent may
						  obtain other services to assist with finance, employment, education, housing,
						  temporary child care, and health matters if uncertain about relinquishing the
						  child.
1. The agency will make a referral to
						  the appropriate resource.
(H) The parent has considered the reasons for
						  relinquishing or not relinquishing the child and has decided relinquishing the
						  child to the agency for adoption is in the best interest of the
						  child.
(I) A parent who
						  relinquishes a child gives up the care, custody and control of the child to the
						  adoption agency.
1. If the parent signs a
						  relinquishment document that does not name the adopting parents, the parent
						  gives up the right to select adoptive parents and the adoption agency shall
						  make the final decision regarding who will adopt the child.
2. If the parent signs a relinquishment
						  document that names the adopting parents, the parent has the rights and
						  responsibilities specified in Subdivisions (f), (g) and (h) of Family Code
						  section
						  8700.
(J) The adopting parent or parents, the birth
						  relatives, including the birth parent or parents, and the child who is 12 years
						  of age or older may enter into a post-adoption contact agreement to permit
						  continuing contact between the birth parent or parents or birth relatives and
						  the child if the court approves the agreement.
(K) The parent who chooses not to relinquish
						  the child may arrange for the child's adoption by independently choosing
						  adoptive parents, placing the child with them, and consenting to their adoption
						  of the child.
(L) Relinquishment
						  terminates the parent's rights to the custody, services, and earnings of the
						  child.
(M) Relinquishment
						  terminates the parent's responsibility for the care of the child.
(N) Adoption terminates any inheritance from
						  the parents or blood relatives to the child unless they make specific provision
						  for the child by will or by trust; the child legally inherits from his or her
						  adoptive family.
(O) The parent may
						  revoke the signed relinquishment during any holding period and before it is
						  filed by the department and the agency will return the child to his or her
						  custody.
1. Under normal circumstances, the
						  child will be given to the parent within three working days, and in no case
						  shall it require more than seven calendar days.
2. The rights and responsibilities as the
						  child's parent continue unless terminated by other legal action.
3. If return of the child would place the
						  child in imminent danger of neglect, cruelty, depravity, or physical abuse, the
						  agency shall make an immediate referral to the county's children's protective
						  services agency.
a. The agency shall inform
						  the parent in writing a referral has been made to the county's child protective
						  services agency.
(P) A relinquishment shall be final when it
						  is filed and acknowledged by the department and, except when the adopting
						  parent is named on the relinquishment document and the adoption is not
						  completed as described in Section
						  35152.1(b)(1)(I)2.,
						  may be rescinded only if the agency agrees.
1. If the decision is to not rescind, the
						  agency shall inform the parent in writing of the reasons for its
						  decision.
2. If the decision is to
						  rescind, the rights and responsibilities as the child's parent continue unless
						  terminated by other legal action.
a. Under
						  normal circumstances, the child will be given to the parent within three
						  working days, and in no case shall it require more than seven calendar
						  days.
(Q) A
						  relinquishing birth parent may elect to sign a waiver (AD 929A) of the right to
						  revoke the relinquishment in accordance with Family Code section
						  8700.5.
1. The waiver may be signed in the presence
						  of any of the following:
a. A representative
						  of the department, delegated county authority or public adoption agency of
						  another state after the completion of an interview. If the waiver is signed in
						  front of the department, the relinquishment shall become final and
						  irrevocable.
b. A judicial officer
						  of a court of record of any state if the birth parent is represented by
						  independent counsel. The judicial officer must interview and witness the
						  signing of the waiver. Once the waver is signed by the judicial officer, the
						  relinquishment becomes final and irrevocable.
c. An authorized representative of a licensed
						  adoption agency within or outside of the state if the interview is conducted by
						  the independent legal counsel for the birth parent. Once signed, the
						  relinquishment shall become final and irrevocable at the close of the next
						  business day after the relinquishment was signed, or at the close of the next
						  business day after the expiration of any holding period specified in writing;
						  whichever is later. The interview conducted by the independent council must
						  include the following:
i. Review the waiver
						  with the birth parent and counsel the birth parent about the nature of the
						  intended waiver.
ii. Sign and
						  deliver to the birth parent and licensed adoption agency a certificate as
						  specified in
						  8700.5(b)(3)
						  stating:
"I, (name of attorney), have counseled my client,
							 (name of client), about the nature and legal effect of the waiver of the right
							 to revoke the relinquishment for adoption. I am so disassociated from the
							 interest of the prospective adoptive parent(s) and the licensed adoption agency
							 as to be in a position to advise my client impartially and confidentially as to
							 the consequences of the waiver. My client is aware that California law provides
							 an indeterminate period, usually 2 to 10 business days, during which a birth
							 parent may revoke a relinquishment for adoption. On the basis of this counsel,
							 I conclude that it is the intent of my client to waive the right to revoke, and
							 to make a permanent and irrevocable relinquishment for adoption. My client
							 understands that upon signing this waiver, my client will not be able to regain
							 custody of the child unless the prospective adoptive parent or parents agree to
							 withdraw the petition for adoption or the court denies the adoption
							 petition."
2. The licensed adoption agency shall submit
						  the waiver and certificate to the department with the relinquishment, unless
						  the relinquishment was already submitted to the department prior to the waiver,
						  in which case the waiver and certificate shall be submitted to the department
						  no later than two business days after the signing.
3. A waiver executed pursuant to Family Code
						  section
						  8700.5 shall
						  be void if any of the following occur:
a. The
						  relinquishment is determined to be invalid.
b. The relinquishment is revoked during any
						  holding period specified in writing.
c. The relinquishment is rescinded pursuant
						  to Family Code section
						  8700.
(R) If the child is a juvenile court
						  dependent or the subject of a petition for juvenile court jurisdiction, the
						  agency is required to follow the notice requirements of Family Code section
						  8700(i).
(S) The agency is required to give the parent
						  all known information about the status of the child's adoption including
						  whether the child has been placed for adoption, the approximate date the
						  adoption was completed and, if the adoption was not completed or was vacated
						  for any reason, whether adoptive placement of the child is again being
						  considered.
1. The parent must keep the agency
						  informed of his or her current whereabouts if he or she wants to know when the
						  child is placed in an adoptive home and when the child is legally
						  adopted.
(T) After the
						  child has been legally adopted, the agency may not return the child to the
						  parent.
(U) The agency may not
						  release any identifying information about the parent unless:
1. The welfare of the child requires the
						  release of information to certain agencies as specified in law relating to the
						  adoption petition, or
2. The adult
						  adoptee and birth parent both sign written consents to arrange contact between
						  these persons in accordance with Family Code Section
						  9204,
						  or
3. The adoptee who has reached
						  the age of 21 has requested the identity of his or her birth parent and his or
						  her most current address as indicated in the agency's records if the birth
						  parent has indicated consent to the disclosure in writing in accordance with
						  Family Code Section
						  9203,
						  or
4. The birth parent of an
						  adopted person who has reached the age of 21 has requested the adopted name of
						  the adoptee and most current address as shown in the agency's records if the
						  adult adoptee has indicated consent to the disclosure in writing in accordance
						  with Family Code Section
						  9203,
						  or
5. The adoptive parent of an
						  adopted person under 21 years of age has requested the identity of the birth
						  parent and his or her most current address as shown in the agency's records if
						  there is a finding by the agency a necessity or other extraordinary
						  circumstance justifies the disclosure in accordance with Family Code Section
						  9203.
(V) The law permits the court to release
						  identifying information from the court adoption file after considering the
						  reasons for the request.
(W) Within
						  five years of the granting of the adoption in court the parent shall have the
						  right to petition the court to set aside the adoption if the relinquishment is
						  obtained through fraud.
(X) The
						  provisions of Section
						  35130 regarding two face-to-face
						  interviews, the dates the interviews were held and that a copy of the Statement
						  of Understanding and the Relinquishment Document were given to the
						  relinquishing parent at the first interview.
(Y) The AD 885 is the Statement of
						  Understanding for a mother or presumed father of the child who is not detained,
						  a juvenile court dependent in out-of-home care, or the ward of a legal guardian
						  and who is not subject to the provisions of the ICWA.