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 3 - Administrative Requirements › Article 3 - Procedures for Post-Adoption Services › Section 35063 - Disclosure of Information to a Sibling

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The agency shall release to each sibling
						  the name and address of their sibling, provided that at least one sibling is an
						  adoptee and both have filed with the Department or adoption agency one of the
						  following written waiver forms, in accordance with Family Code section
						  9205.
(1) For any sibling or adoptee who has
						  attained the age of 18 prior to executing a waiver, the Waiver of Rights to
						  Confidentiality for Siblings form AD 904A shall be used.
(2) For any sibling or adoptee who is under
						  18 years of age when a waiver is executed, the Waiver of Rights to
						  Confidentiality for Siblings form AD 904B shall be used.
(A) Names and addresses shall be released to
						  a sibling or adoptee who is under 18 years of age only when the adoptive
						  parent, birth parent, legal parent or legal guardian has provided consent by
						  signing the form AD 904B.
(B) When
						  the sibling is under the jurisdiction of the dependency court and has no parent
						  or guardian able or available to provide consent, the dependency court may
						  provide consent on the form AD 904B.
(C) The form AD 904B filed with the
						  Department or adoption agency will remain in effect after the minor turns 18
						  years of age unless the waiver form is rescinded.
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 35064 - Post-Adoption Contact Agreement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A post-adoption contact agreement means
						  the ADOPT-310 "Contact After Adoption Agreement" form and attachments to that
						  form, if any.
(b) The signed
						  post-adoption contact agreement must be filed in the court in which the
						  adoption petition has been filed prior to the adoption finalization hearing.
(1) If the petitioner has entered into a
						  post-adoption contact agreement with the birth parent, relative, or tribe prior
						  to the filing of the petition for adoption, the post-adoption contact agreement
						  must be attached to and filed with the petition for adoption.
(2) If the post-adoption contact agreement is
						  filed by the prospective adoptive parent or parents separately from the
						  petition for adoption, the prospective adoptive parent or parents shall provide
						  a copy of the post-adoption contact agreement to the department, county
						  adoption agency or the licensed adoption agency.
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 35065 - Services to be Provided Following Finalization of an Adoption

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) Services provided to adoptees, birth
						  parents, and adoptive parents following the finalization of an adoption shall
						  include the following:
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).
4. 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.
5. 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.
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).
7. Amendment
							 of subsection (a) 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
								1798.24(r)
								and
								1798.24(s),
								Civil Code; Sections
								8706,
								8817,
								8909,
								9201,
								9202,
								9203,
								9204 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 35065.1 - General Post-Adoption Services Provided by Agencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The agency shall arrange for contact
						  between an adult adoptee and his or her birth parent as provided in Family Code
						  Section
						  9204.
(1) The agency may release to the adult
						  adoptee and his or her birth parent their respective last known address 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 4 - Private Adoption Agency Reimbursement Program › Section 35067 - Reserved

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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 4 - Private Adoption Agency Reimbursement Program › Section 35069 - Eligibility for Reimbursement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Agencies that choose to participate in
						  this program shall:
(1) Have on file with the
						  department a Form STD 204, Vendor Data Record.
(2) Document that the child is an
						  AAP-eligible child as defined in Section
						  35000(a)(1).
(3) Document that the placement meets the
						  requirements of Section
						  35327.
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 4 - Private Adoption Agency Reimbursement Program › Section 35071 - Agency Operating Cost Approval Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 12-15-89; operative 1-14-90 (Register 89, No. 51).
2.
							 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.
3. 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.
4. 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,
								10554
								and
								16118(a),
								Welfare and Institutions Code. Reference: Section
								16122(b),
								Welfare and Institutions Code; and 45 CFR Part
								74.174(a).
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 4 - Private Adoption Agency Reimbursement Program › Section 35073 - Claiming Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  Each claim for an adoptive placement of an AAP-eligible child shall consist of
						  the following documents:
(1) Six (6) copies
						  of Form AD 830 (9/97) - "Summary Claim For Reimbursement Private Adoption
						  Agency Reimbursement Program"
(2)
						  Three (3) copies of Form AD 558 (8/97) - "Notice Of Placement" containing the
						  signatures of representatives of both the child's agency and the family's
						  agency.
(3) Three (3) copies of
						  either Form FC-8 (Rev. 6/94) Federal Eligibility Certification for Adoption
						  Assistance Program or Form AAP 4 (3/97) (Combines AAP 4 and FC 9) -
						  "Eligibility Certification Adoption Assistance Program." The Form FC-8 must be
						  accompanied by three (3) copies of a case narrative describing the
						  circumstances qualifying the child for AAP eligibility.
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 4 - Private Adoption Agency Reimbursement Program › Section 35075 - Reimbursement Ceiling

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  Reimbursement to a private agency shall be limited to an amount not to exceed
						  the sum of $3,500 for each completed adoption.
(b) Claims shall be limited to a private
						  agency's actual costs per placement or completed adoption, less any funds
						  promised or received from any source.
1. New
							 section filed 12-15-89; operative 1-14-90 (Register 89, No. 51).
2.
							 Change without regulatory effect amending 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).
Note: Authority cited: Sections
								10553,
								10554
								and
								16118(a),
								Welfare and Institutions Code; and Section
								8621, Family
								Code. Reference: Section
								16122(b),
								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 4 - Private Adoption Agency Reimbursement Program › Section 35077 - Records Retention and Time Limitations for Claiming

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Accounting records of private agency
						  costs and hours shall be maintained pursuant to the requirements of DSS
						  regulations Section
						  11-402.312.
(b) All accounting records of private agency
						  costs and hours shall be retained pursuant to the requirements of DSS
						  regulations Section
						  11-402.313.
(c) Time Limitations for Claiming:
(1) Claims shall be submitted pursuant to the
						  requirements of Government Code Section
						  16304.1
						  and
						  45 CFR,
						  Part 95 , Subpart A.
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 4 - Private Adoption Agency Reimbursement Program › Section 35078 - Adoption Facilitators and Adoption Facilitator Trainees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Adoption Facilitators and Adoption
						  Facilitator Trainees are individuals or agencies that provide services to
						  solicit and locate prospective adoptive parents, birth parents and adoptable
						  children and act as an intermediary between them. Adoption Facilitators and
						  Adoption Facilitator Trainees are not licensed as an adoption agency by the
						  State of California. Adoption Facilitators and Adoption Facilitator Trainees
						  are required to complete the Application Process. Approved applicants will be
						  added to the California Department of Social Services Adoption Facilitator
						  Registry.
(1) To provide services as a
						  registered adoption facilitator in the State of California, the following
						  requirements must be met and all documentation listed must be submitted to the
						  Department for approval:
(A) A completed and
						  signed Adoption Facilitator Registry Application (AD 70) form.
(B) A copy of a government issued
						  identification (e.g. driver's license or passport).
(C) A copy of a valid California business
						  license.
(D) A surety bond (AD 73)
						  in the amount of twenty-five thousand dollars ($25,000), executed by a
						  corporate surety admitted to do business in California.
(E) Proof of education and adoption related
						  experience, which may include school transcripts or a copy of college
						  degree(s).
(F) A completed and
						  signed Criminal Record Statement - Adoption Facilitator (AD 4337).
(G) A completed Request for Live Scan Service
						  - Community Care Licensing (LIC 9163).
(H) A non-refundable annual registration fee
						  of two hundred and fifty dollars ($250.00).
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 1 - Agency Responsibility › Section 35079 - Investigation of Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  (Reserved)
(b) In an independent
						  adoption, the agency shall investigate the adoption after the petition has been
						  filed and file a court report recommending whether to grant the petition to
						  adopt in accordance with Family Code Sections
						  8539,
						  8801(b),
						  8806,
						  8807, and
						  8808.
(1) (Reserved)
(2) (Reserved)
(3) (Reserved)
(4) (Reserved)
(5) (Reserved)
(A) (Reserved)
(6) (Reserved)
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 1 - Agency Responsibility › Section 35081 - Assessment of Petitioners

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  The agency shall assess the adoptive petitioners to determine their suitability
						  as adoptive parents.
(1) The agency shall
						  initiate the assessment immediately upon receipt of an endorsed copy of the
						  adoption petition.
(2) The
						  assessment shall be documented 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 4 - Procedures for Independent Adoptions › Article 1 - Agency Responsibility › Section 35083 - Assessment Interviews

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  The agency shall conduct interviews as necessary to make the assessment.
(1) The agency shall conduct at least one
						  interview in the home of the petitioners as soon as possible and no later than
						  thirty days after the receipt of an endorsed copy of the adoption
						  petition.
(2) The agency shall
						  conduct separate interviews with each petitioner, if there is more than one
						  petitioner.
(3) The agency shall
						  conduct a joint interview with the petitioners, if there is more than one
						  petitioner.
(4) The agency shall
						  conduct interviews with all other adults and have contact with all children who
						  live in the petitioner's home.
(5)
						  The agency shall make another contact with the petitioners if the court report
						  is submitted more than three months after the last contact with the
						  petitioners.
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 1 - Agency Responsibility › Section 35085 - Information to Petitioners

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  (Reserved)
(b) The agency shall
						  discuss the following information with the petitioners:
(1) Approximate time it may take to complete
						  each stage of the adoption process.
(2) Statutory and regulatory requirements for
						  adoption including confidentiality of adoption records.
(3) The provisions of Family Code Section
						  8803 and Penal
						  Code Section
						  280 regarding
						  the concealment of a child.
(A)
						  (Reserved)
(B)
						  (Reserved)
(4) The agency
						  shall inform the petitioners of the law's requirement to file a report with the
						  court on all expenditures paid by them or on their behalf in connection with
						  the birth, placement, and adoption of the child in accordance with Family Code
						  Section
						  8610.
(A) (Reserved)
(5) The agency shall inform the petitioners
						  of the provisions of Family Code Section
						  8818.
(A) (Reserved)
(6) The agency shall inform the petitioners
						  of fees per the provision of Family Code section
						  8810.
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 1 - Agency Responsibility › Section 35089 - Obtaining Identifying Information and Evaluating Petitioners During Assessment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  The assessment of the petitioner shall include:
(1) The following identifying information on
						  the petitioner and any children and adults residing in the home:
(A) Name, date of birth and sex.
(B) Current address and telephone
						  number.
(C) Blood relationship to
						  child, if any.
(D) Race and ethnic
						  background information.
(E)
						  Religion.
(F) Current employment
						  information.
(G) Verification of
						  marital status, if relevant.
(1) Verification
						  of termination of all prior marriages.
(i)
						  When verification of the dissolution of any marriage of a petitioner is not
						  possible, a marriage prior to a verified divorce decree shall be assumed to
						  have been validly dissolved. A valid divorce presupposes that the marriage was
						  valid.
(H)
						  Personal and/or biological relationship of the petitioner to other individuals
						  residing in the petitioners home.
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 1 - Agency Responsibility › Section 35091 - Completion of Assessment and Report to Court

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The agency shall complete the assessment
						  and report to the court with a recommendation within 180 days of the filing of
						  the adoption petition unless an extension of time has been granted by the
						  court.
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. Amendment of NOTE filed
							 12-29-94; operative 1-1-95 (Register 94, No. 52).
4. Editorial
							 correction of HISTORY 3 (Register 95, No. 13).
Note: Authority cited: Section
								8621, Family
								Code; Sections
								10553
								and
								10554,
								Welfare and Institutions Code; and Section
								1530,
								Health and Safety Code. Reference: Section
								8807, 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 4 - Procedures for Independent Adoptions › Article 1 - Agency Responsibility › Section 35092 - Obtaining and Releasing Information About Birth Parents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The agency shall obtain the birth
						  mother's and the birth father's authorization for the release of medical
						  information prior to fulfilling the requirements of Sections
						  35092(b)(7), (8) and
						  (9).
(1) If
						  any documentation or oral report indicates that the birth parent may be of
						  Indian ancestry, the agency shall obtain that information required by Section
						  35357(a).
(2) Agencies shall use the AD 100 to obtain
						  the birth parents' authorizations for the release of medical information
						  pursuant to this section.
(A) The agency
						  shall indicate on the AD 100, in the space provided, that the prospective
						  adoptive parents and the agency are authorized to receive the information being
						  sought.
(3) The AD shall
						  advise the birth parent and the source to whom the authorization is to be sent
						  of the following:
(A) All nonidentifying
						  information obtained from the source will be given to the prospective adoptive
						  parents prior to the finalization of adoption.
(B) All nonidentifying information obtained
						  from the source will be given to the adoptive parents of an adoptee under age
						  18 and to the adult adoptee, upon written request, in post-adoption
						  services.
(C) No identifying
						  information about either the child or his or her birth parents shall be
						  disclosed to the adopting parents or the adult adoptee unless permitted by
						  law.
(5) If the agency
						  receives a report or evaluation that is illegible or the photocopy is unclear,
						  the agency shall return it to the source with a request for a clear, legible
						  copy.
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 1 - Agency Responsibility › Section 35093 - Assessment of Child

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
						  agency shall assess the child. The assessment shall be in writing and include,
						  but not be limited to, the following information about the child:
(1) Identification, including the child's
						  sex, age, race, and ethnicity.
(2)
						  A complete medical report as defined at Section
						  35000(m)(2).
(A) (Reserved)
1. (Reserved)
(B) (Reserved)
(C) The agency shall use the AD 512A when
						  releasing information about the child's medical and family background to the
						  prospective adoptive parents.
(D)
						  All recommendations or comments made by the agency to the prospective adoptive
						  parents about the child or his or her family background shall be written on the
						  AD 512A and given to the prospective adoptive parents.
1. (Reserved)
(3) Religion.
(4) Readiness for adoption and willingness to
						  be adopted if appropriate.
(5)
						  Adjustment in the home of the petitioners
(6) Other examinations and reports when
						  available.
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 2 - Placement for Independent Adoption › Section 35094.1 - Adoption Service Provider Registration and Duty of Care

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior to acting as an adoption service
						  provider in California, the potentially qualified individual shall register
						  with the Adoptions Branch of the department at Sacramento by providing the
						  following evidence that he or she meets the qualifications specified in Family
						  Code Section
						  8502. The
						  registration shall be acknowledged by the department.
(1) The individual shall provide, or cause to
						  be provided, to the department at:
California Department of Social Services
Adoptions Branch
744 P Street, M.S. 19-67
Sacramento, California 95814
(A) A copy of the individual's current
						  license as a Licensed Clinical Social Worker.
(B) An original letter or letters mailed to
						  the department by the adoption agency or agencies with whom the individual
						  worked attesting to the individual's experience and giving specific dates of
						  employment.
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 2 - Placement for Independent Adoption › Section 35094.2 - Pre-Placement Advisement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  The adoption service provider shall advise a birth parent, as required by
						  Family Code Section
						  8801.5, when
						  the birth parent is considering the placement of his or her child for
						  independent adoption unless the prospective adoptive parent is a grandparent,
						  aunt, uncle, sibling, legal guardian who has been the child's legal guardian
						  for more than three years or is a person named in the will of a deceased parent
						  as an intended adoptive parent where the child has no other parent.
(1) (Reserved)
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 2 - Placement for Independent Adoption › Section 35094.3 - Independent Adoption Placement Agreement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior to signing the AD 924 or the AD
						  925, the adoption service provider shall:
(1)
						  Obtain, document, and share with the prospective adoptive parents information
						  from the birth parent(s) regarding the child's background, the birth parents'
						  reasons for choosing adoption for the child, and the birth parents' attitude
						  toward the proposed adoptive placement.
(A)
						  Assist the birth parent in providing medical and family background information
						  by helping him or her complete the AD 67 and the AD 67A forms.
(B) Assure that the adopting parents have
						  received copies of the AD 67 and AD 67A forms completed by the birth
						  parent(s).
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 - General Prerequisites to Consent

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The agency shall interview the birth
						  parent as required by Family Code Section
						  8808.
(1) (Reserved)
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 35097 - Determination of Parent's Ability to Understand Content, Nature and Effect of Consent

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
						  agency shall determine that the consenting parent has the ability to understand
						  the nature, content and effect of signing a consent to adoption.
(1) If the agency determines that the parent
						  may not have the ability to understand the content, nature, and effect of
						  signing a consent to adoption, the agency shall refer the parent to a licensed
						  physician or to a licensed clinical psychologist for an evaluation of the
						  parent's ability to so understand.
(A) The
						  agency shall accept the consent to adoption only after the evaluation
						  establishes that the parent has the ability to understand the nature, content,
						  and effect of signing a consent to 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 4 - Procedures for Independent Adoptions › Article 3 - Prerequisites to Consent › Section 35099 - Accepting Mother's Consent to Adoption of Newborn

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) (Reserved)
(b) The agency shall accept the mother's
						  consent to the adoption of a newborn only after she has been medically
						  discharged from the hospital.
(1) In those
						  cases in which the birth mother is hospitalized more than five days after the
						  birth of the child, the agency shall accept the mother's consent only after
						  obtaining a written statement from the attending physician that the birth
						  mother is competent to consent to the adoption of the
						  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 4 - Procedures for Independent Adoptions › Article 3 - Prerequisites to Consent › Section 35101 - Accepting Consent from Parent in Psychiatric Treatment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The agency shall accept a consent to
						  adoption from a parent who is receiving inpatient or outpatient psychiatric
						  treatment for mental illness only after the parent's ability to understand the
						  nature, content, and effect of signing a consent to adoption has been
						  established by a written evaluation signed by the attending physician or
						  licensed clinical psychologist.
(1)
						  Counseling related to placement of the child for adoption, the resolution of
						  marital problems, or similar decision making shall not be considered
						  psychiatric treatment.
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 35103 - Accepting Consent from Parent Under Conservatorship

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The agency shall accept a consent o
						  adoption from a parent for whom the court has appointed a conservator only if
						  the order of conservatorship specifically allows such a transaction and the
						  parent's ability to understand the nature, content, and effect of signing a
						  consent to adoption has been established by a written evaluation signed by a
						  licensed physician or licensed clinical psychologist.
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. Amendment of NOTE filed
							 12-29-94; operative 1-1-95 (Register 94, No. 52).
4. Editorial
							 correction of HISTORY 3 (Register 95, No. 13).
Note: Authority cited: Section
								8621, Family
								Code; and Sections
								10553
								and
								10554,
								Welfare and Institutions Code. Reference: Sections
								8806 and
								8814, 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 4 - Procedures for Independent Adoptions › Article 3 - Prerequisites to Consent › Section 35105 - Accepting Consent from Parent in or on Leave from a Psychiatric Facility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The agency
						  shall accept a consent to adoption from a parent who is a patient in or on
						  leave from a psychiatric facility only if the parent's ability to understand
						  the nature, content, and effect of signing a consent to adoption has been
						  established by a written evaluation signed by the attending physician or
						  licensed clinical psychologist.
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. Amendment adding new
							 subsection (a) designator and amendment of NOTE filed 12-29-94; operative
							 1-1-95 (Register 94, No. 52).
4. Editorial correction of HISTORY 3
							 (Register 95, No. 13).
Note: Authority cited: Section
								8621, Family
								Code; and Sections
								10553
								and
								10554,
								Welfare and Institutions Code. Reference: Sections
								8806 and
								8814, 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 4 - Procedures for Independent Adoptions › Article 3 - Prerequisites to Consent › Section 35107 - Procedure when Agency is Unable to Accept Consent

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In those cases in which the agency is
						  unable to accept a consent, the agency shall advise the petitioners and their
						  attorney that legal action is necessary to free the child from parental custody
						  and control.
(1)
						  (Reserved)
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 3.1 - Freeing a Child for Adoption › Section 35108 - Freeing a Child for Adoption

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) (Reserved)
(b) The parent who places his or her child
						  for adoption shall sign an adoption placement agreement.
(c) The parent shall sign a consent when the
						  prospective adoptive parent is a relative as described at Family Code Section
						  8802(a)(1)(A).
(d) The agency shall ask the birth mother to
						  identify any possible fathers of the child and to provide information regarding
						  their whereabouts.
(1) The agency shall
						  attempt to contact all identified fathers and interview them.
(A) The agency shall obtain information about
						  an identified father's family background, social history, and any medical
						  information regarding his hereditary and genetic diseases or disabilities, if
						  any, and shall complete the AD 67.
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 4 - Accepting Consent › Section 35109 - Procedures for Accepting Consents Signed in California

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) (Reserved)
(b) The agency shall accept a consent to
						  adoption, signed in California, only on the form prescribed by the department.
(1) When taking the consent, the agency shall
						  not cover or delete the names of the adopting parents on the consent to
						  adoption.
(2) The signature of the
						  agency on a properly completed and signed consent to adoption shall verify that
						  the agency has determined that the consenting parent has the capacity to
						  understand the nature, content, and effect of a consent to adoption.
(3) When the child is not subject to the
						  Indian Child Welfare Act, the following consent documents shall be used for
						  taking the consent of:
(A) The parent placing
						  the child pursuant to Section
						  35094.2: AD 924.
(B) A mother or presumed father not denying
						  paternity: AD 1A.
(C) A presumed
						  father denying paternity: AD 165.
(D) An alleged father not denying paternity:
						  AD 594.
(E) An alleged father
						  denying paternity: AD 588.
(F) An
						  alleged father waiving right to further notice: AD 590.
(4) When the child is subject to the Indian
						  Child Welfare Act, the following consent documents shall be used for taking the
						  consent of:
(A) The parent placing the child
						  pursuant to Section
						  35094.2: AD 925.
(B) A mother or presumed father not denying
						  paternity: AD 859.
(C) A presumed
						  father denying paternity: AD 860.
(D) An alleged father not denying paternity:
						  AD 861.
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 4 - Accepting Consent › Section 35111 - Procedures for Accepting Out-of-State Consents Not Initiated by the Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  (Reserved)
(b) If a parent is in
						  another state and the request for consent was not initiated by the agency, the
						  consent shall be accepted when the following conditions are met:
(1) The consent is notarized in accordance
						  with Family Code Section
						  8814(c).
(A) (Reserved)
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 4 - Accepting Consent › Section 35113 - Procedures for Accepting Out-of-State Consents Which Are Initiated by the Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  (Reserved)
(b) In the event that an
						  agency initiates a consent that is to be signed in another state, the agency
						  shall attempt to utilize the services of an authorized agency in the other
						  state to provide the services to the consenting parent that the California
						  agency would provide if the parent was in California.
(1) In the event that there is no authorized
						  agency able and willing to provide these services in a timely manner in the
						  other state, the agency shall send the consent directly to the consenting
						  parent.
(2) The agency shall ensure
						  that requests for out-of-state agency services from states which are members of
						  the Interstate Compact on the Placement of Children (ICPC) comply with ICPC
						  regulations commencing with Section
						  35401.
(A) (Reserved)
(B) (Reserved)
(C) (Reserved)
(D) (Reserved)
(E) (Reserved)
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 4 - Accepting Consent › Section 35115 - Copy of Signed Consent to Parent and/or Attorney of Record

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The agency shall give the consenting
						  parent a copy of the completed and signed consent to adoption.
(1) The agency representative shall send
						  within seven days a copy of the signed consent to adoption to the attorney of
						  record in the adoption action.
(A) The copy
						  of the signed consent shall be sent to the petitioners if they are not
						  represented by legal counsel.