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 35047 - Additional Requirements for Adoptions Case Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to the requirements of Title
						  22, California Code of Regulations, Sections
						  89179 and
						  89182, adoption case records shall
						  contain the following:
(1) In the Independent
						  and Agency Adoption Programs, the case record shall include:
(A) All documentation pertaining to freeing
						  the child for adoption includind but not limited to the relinquishment,
						  adoption placement agreement or consent to adoption, and any orders terminating
						  parental rights.
(B) All
						  documentation pertaining to the translation and/or reading and/or correction of
						  forms including the recordings of any reading of consent and relinquishment
						  forms as required by Subchapter 2, Article 1.
(C) All documentation pertaining to the
						  unavailability of official documents as required by Section
						  35044.
(D) Copies of all requests for disclosure of
						  information from the adoption case record.
(E) All documentation of Adoption Assistance
						  Program (AAP) eligibility requirements as required by Subchapter 7, Article
						  2.
(F) A copy of the signed AD
						  4320.
(G) Copies of requests for
						  medical background information as required by Family Code sections
						  8706,
						  8817, or
						  8909.
(H) A written acknowledgment signed by the
						  prospective adoptive parent(s)/petitioner(s) confirming receipt of initial and
						  updated medical background information on the child and birth
						  parent(s).
(I) Copies of medical
						  background information transmitted to an adoptee and adoptive parent at time of
						  placement as required by Family Code sections
						  8706,
						  8817,
						  8909, and
						  9202.
(J) The signed copies of any AD 908 forms
						  and/or the AD 908A form requesting identifying information pursuant to Family
						  Code section
						  9203.
(K) Copies of identifying information
						  provided to the adoptee pursuant to Family Code section
						  9203.
(L) Copies of any signed AD 904 forms
						  allowing for contact information to be released pursuant to Family Code section
						  9204.
(M) Any copies of the signed AD 904A or 904B
						  forms allowing contact with siblings as permitted by Family Code section
						  9205.
(N) If parties have entered into a
						  postadoption contact agreement, a copy of the signed form ADOPT-310 "Contact
						  After Adoption Agreement."
(O) If
						  applicable, documentation of any attempt to place the child in accordance with
						  the ICWA placement preferences.
(P)
						  Forms ICWA-010(A) and ICWA-020.
(Q)
						  If applicable, form ICWA-030 and a copy of the registered or certified mailing,
						  any Court determination, copies of any responses from the tribe(s) and copies
						  of any responses from the Bureau of Indian Affairs.
(R) A copy of the notice to the parent of an
						  Indian child in the event that the adoptive petition is withdrawn, dismissed,
						  or denied, or the adoption is set aside.
(S) If applicable, form ICPC 100A.
(T) If applicable, form ICPC 100B.
(U) Copies of letters of reference regarding
						  the suitability of applicant(s)/petitioner(s) to be adoptive parent(s).
1. Documentation of face-to-face interviews
						  with references.
(V) A
						  copy of the Department of Justice (DOJ) request form BCIA 8016, the full state
						  and FBI criminal record, if any, and a copy of the Child Abuse Central Index
						  (CACI) Clearance or out-of-state child abuse and neglect check.
(W) Justification for any deferment, waiver,
						  or reduction in the DOJ fee charged pursuant to Family Code section
						  8712,
						  8811, or
						  8908, for
						  checking or obtaining the criminal record of the applicant or
						  petitioner.