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 4 - Procedures for Independent Adoptions › Article 3 - Prerequisites to Consent › Section 35095.2 - Statement of Understanding for the Parent Whose Child is Subject to the ICWA

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  (Reserved)
(b) The statement of
						  Understanding shall contain statements which summarize the following:
(1) For the parent who gave physical custody
						  of the Indian child to the adoptive parents but who did not place the child for
						  independent adoption:
(A) The parent wants to
						  give his child permanently to the petitioners for adoption.
(B) The parent has chosen the petitioners to
						  be adoptive parents based on the parent's personal knowledge pursuant to Family
						  Code Section
						  8801.
1. (Reserved)
(C) That because the child has been
						  determined to be an Indian child the requirements of the Indian Child Welfare
						  Act (ICWA) will apply to the taking of the consent and the adoption of the
						  child.
(D) According to the ICWA
						  the best place for the child to live if he cannot be with the parent would be
						  with a member of his extended family. The next choice would be other members of
						  the child's tribe. The third choice would be with another Indian family. If the
						  parent does not wish to follow any of these placement choices, he or she must
						  tell the court. The court must make the final decision as to whether this
						  placement order will be changed.
(E) The consent to adoption shall be signed
						  before a judge of the Superior Court in California, or before a court of
						  competent jurisdiction if signed outside the state.
(F) The parent has the right to seek legal
						  counsel to assist in the Independent Adoption process and, the petitioners may
						  be required to pay the cost, up to $500, of such legal counsel, unless a higher
						  fee is agreed to by the parties.
(G) The parent may talk about the plan to
						  place the child with other professionals and with family and friends.
(H) The parent knows there are other services
						  to assist with finance, employment, education, housing, temporary child care
						  and health matters if uncertain about consenting to the adoption.
1. The agency will make a referral to the
						  appropriate resource.
(I)
						  If the parent does not wish to consent to the adoption, the parent may sign a
						  AD 20 or write a letter to the adoption agency, and the adoption agency will
						  report to the court that the parent does not want the child adopted by the
						  petitioners.
(J) If the parent does
						  not sign the consent to adoption, the parent may request that the child be
						  returned. If the petitioners do not return the child, the parent may ask the
						  court for the return of the child. The parent will probably need legal help to
						  do so.
(K) If the parent should
						  change his or her mind about the adoption after signing the consent to
						  adoption, the parent may withdraw the consent before the adoption is granted by
						  the court and the child will be returned to the parent.
(L) The parent remains legally responsible
						  for the child until the adoption is granted by the court. The agency will
						  notify the parent if the child is not adopted by the petitioners to determine
						  the parent's further plans for the child. The parent must keep the agency
						  informed of his or her address.
(M)
						  The parent has received enough information about the petitioners and about the
						  child's adjustment in the petitioners' family and wishes to proceed with
						  signing the consent to adoption.
(N) After the court grants the adoption the
						  parent will no longer be the child's legal parent, which means:
1. The parent will no longer be responsible
						  for the care of the child.
2. The
						  petitioners will be the legal parents and will be legally responsible for
						  caring for the child.
3. The parent
						  will no longer have any right to the custody, services, or earnings of the
						  child.
(O) The parent
						  will be notified if any other parent asks to take back his or her consent and
						  of any court proceedings because he/she is asking to take back the consent.
1. The parent is responsible for keeping his
						  or her name and address current with the agency so that notice can be
						  given.
(P) If there is
						  court action to terminate parental rights, the agency shall notify the child's
						  tribe and the tribe may intervene in the proceedings.
(Q) Upon petition of either parent or the
						  child's tribe, court proceedings to terminate parental rights will be
						  transferred to the jurisdiction of the tribal court, provided:
1. The child's tribe has a court with
						  jurisdiction to hear child custody proceedings,
2. The California court finds no good cause
						  not to transfer the proceeding to the Indian tribe.
3. No other parent objects, and
4. The tribe does not decline the
						  transfer.
(R) The
						  adoption agency will take the necessary steps to obtain a Certificate of Degree
						  of Indian Blood for the child and may enroll the child in his or her tribe or
						  register his or her for any Bureau of Indian Affairs benefits that he or she
						  may be able to get.
(S) The agency
						  is required to give the parent all known information about the status of the
						  child's adoption including 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.
(T) The agency shall notify the parent if the
						  adoption petition is withdrawn, dismissed, or denied or if the adoption is set
						  aside.
1. The parent is responsible for
						  keeping his or her name and address current with the agency so that notice can
						  be given.
(U) 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.
1. The adoption of an Indian child terminates
						  inheritance from the biological parents or blood relatives to the child;
						  however, any rights or benefits the child has or may be eligible for as a
						  result of his or her status as an Indian are unaffected. See Subchapter
						  8.
(V) After the child has
						  been legally adopted, the parent cannot reclaim the child.
(W) The agency cannot 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
(i) (Reserved)
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 is 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.
(i) (Reserved)
(X) Information regarding the adoption may be
						  released as follows:
1. The adopted child who
						  has reached age 18 may request and receive from the court which granted the
						  adoption information regarding the tribal affiliation of the birth parent and
						  any other information necessary to protect any rights the adopted child may
						  have with regard to his or her tribal relationship.
2. The court granting the adoption will
						  release to the Secretary of the Interior information concerning the adoption
						  and the child, the adoptive parents, the birth parents, and the agency having
						  information concerning the adoptive placement. The parent who desires anonymity
						  must file an affidavit requesting anonymity with the court. The ICWA requires
						  the Secretary of the Interior to ensure that confidentiality will be
						  maintained; however, tribes do not always maintain confidentiality if they know
						  of the adoption.
3. At the request
						  of the adopted child over age 18, the adoptive parents or the Indian tribe, the
						  Secretary of the Interior will release the information provided by the court to
						  the extent necessary to enroll the adopted person in the tribe or to determine
						  any rights or benefits associated with tribal membership. If the parent
						  submitted an affidavit to the court requesting anonymity, the Secretary will
						  certify, where information warrants, that the child is entitled to enrollment
						  rather than release the information.
4. Upon request of the Bureau of Indian
						  Affairs or an adopted child who has reached age 18, the department will make a
						  copy of all documents pertaining to the degree of Indian blood and tribal
						  enrollment available to the requestor.
(Y) The parent will be able, at any time, to
						  add information about him or herself to the agency's adoption record.
(Z) The law permits the court to release
						  identifying information from the court adoption file after considering the
						  reasons for the request.
(AA)
						  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 consent
						  is obtained through fraud or duress.
(BB) The parent may petition the court to
						  invalidate any action terminating parental rights if termination procedures did
						  not comply with the ICWA.
(CC) The
						  parent has considered the reasons for consenting to or not consenting to the
						  adoption of the child and has decided that to consent to adoption of the child
						  by the petitioners is in the best interest of the child.
(DD) The Statement of Understanding for the
						  parent who gave physical custody of the child subject to the provisions of the
						  ICWA is the AD 900.