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 6 - Procedures for Intercountry Adoptions › Article 6 - Placement › Section 35297 - Procedures for Adoptions to be Completed in California

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior to placement of the child where the
						  adoption will be completed in California, the agency shall:
(1) Obtain documentation from the foreign
						  agency that the child is legally free for adoption
(2) Determine that the child's needs can be
						  met by placement with the prospective adoptive parent
(A) The child's needs shall be determined by
						  the assessment required by Subchapter 6, Article 4, Section
						  35275 et seq.
(B) The prospective adoptive parent's ability
						  to meet the needs of the particular child shall be determined by a review of
						  the Assessment of the Applicant required by Subchapter 6, Article 3, Section et
						  seq.
(C) The agency shall make the
						  psychological and medical history form required by Section
						  35285 available to the prospective
						  adoptive parent.
(3)
						  Determine that all INS requirements for a foreign-born child have been
						  met
(4) Certify to INS compliance
						  with California Preadoption Requirements
(5) Unless the prospective adoptive parent
						  has received guardianship of the foreign-born child from the child's native
						  country the agency shall discuss the following with the prospective adoptive
						  parent:
(A) That the agency shall retain legal
						  custody of the child, supervise the adoptive placement, and routinely meet with
						  the prospective adoptive parent and child until a final decree of adoption is
						  granted
1. If the agency enters into an
						  agreement with the prospective adoptive parent to share or transfer financial
						  responsibility for the child, as permitted by Family Code Section
						  8906, the
						  placement agreement shall include the nature of the responsibility assumed by
						  the prospective adoptive parent, the duration of that responsibility and the
						  effective date.
(B) That
						  the child shall not be concealed within the county prior to granting of the
						  final decree of adoption
(C) That
						  the child shall not be removed from the county of residence of the prospective
						  adoptive parent prior to filing an adoption petition without the prior written
						  consent of the agency
(D) That
						  after the adoption petition is filed the child shall not be removed from the
						  county of residence of the prospective adoptive parent for a period exceeding
						  30 days without the approval of the court until a final decree of adoption is
						  granted
(E) That the prospective
						  adoptive parent shall place the child under the care of a licensed physician
						  for routine health care of the child
(F) That the prospective adoptive parent
						  shall inform the agency of any serious injury to or illness of the child and
						  shall obtain prior written consent for all nonemergency surgical and other
						  nonroutine medical treatment for the child
(G) That the prospective adoptive parent
						  shall inform the agency regarding any changes in the composition of the
						  adoptive family or place of residence of the family
(H) That the adoptive placement may be
						  terminated and the child removed from the prospective adoptive parent's home at
						  the agency's discretion prior to the filing of the petition to adopt
(I) That the agency agrees to give seven days
						  written notice to the prospective adoptive parent of its intent to terminate
						  the adoptive placement and remove the child unless the agency has determined
						  that the child is in danger of cruelty, neglect, depravity or abuse
(J) That after the adoptive petition has been
						  filed the agency must obtain court approval to remove the child
(K) That the prospective adoptive parent
						  shall be permitted to terminate the adoptive placement and return the child to
						  the agency at any time prior to the granting of the final decree of
						  adoption
(L) That the agency shall
						  determine that all ICPC requirements for an interstate placement have been met
						  as required by Title 22, California Code of Regulations, Section
						  35397 et seq.
(M) That the agency has a grievance review
						  procedure and the right of the prospective adoptive parent to file a grievance
						  with the agency if the parent is dissatisfied with any action of the agency at
						  any time before a petition for adoption is filed
1. The grievance review process shall be in
						  accordance with Subchapter 5, Article 9, Section
						  35233 et seq.
(N) That Family Code Section
						  8911 requires
						  that as a condition of placement the prospective adoptive parent shall file a
						  petition to adopt the child under Section
						  8912 of the
						  Family Code within thirty (30) days of placement.
(6) When the prospective adoptive parent has
						  received guardianship of the foreign-born child from the child's native
						  country, the agency shall discuss the following with the prospective adoptive
						  parent:
(A) That the agency shall routinely
						  meet with the prospective adoptive parent and child until a final decree of
						  adoption is granted
(B) That the
						  child shall not be removed from the county of residence of the prospective
						  adoptive parent prior to filing an adoption petition without notifying the
						  agency in writing
(C) That the
						  prospective adoptive parent shall inform the agency of any serious injury to or
						  illness of the child
(D) That the
						  agency will notify the local child protective services agency when the agency
						  has determined that the child is in danger of cruelty, neglect, depravity or
						  abuse
(E) Those items contained in
						  Section 35297(a) (5) (B), (D), (E), (G), (J), (M) and
						  (N).
(7) Enter into an adoptive placement
						  agreement with the prospective adoptive parent which agreement shall include:
(A) General and identifying information as
						  follows:
1. Name and address of prospective
						  adoptive parent
2. Name, address
						  and telephone number of agency
3.
						  First name and date of birth of child
4. Anticipated date of placement
5. Amount of agency fees, including foreign
						  agency fees.
(B)
						  Statements which summarize the information required by Section
						  35297(a)(5) or
						  (6).
(C) A space for acknowledgement of receipt by
						  the prospective adoptive parent of the information required by Section
						  35297(a)(2)(C).
(D) A space for the signature of the
						  prospective adoptive parent and date of signing the adoptive placement
						  agreement
(E) A space for the
						  signature of the agency's representative and date of signing the adoptive
						  placement agreement
1. The signature and date
						  of signing by a representative of each agency shall be obtained if the
						  placement is a cooperative placement between two
						  agencies.