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 4 - Procedures for Independent Adoptions › Article 4 - Accepting Consent › Section 35117 - Information to the Consenting Parent Regarding the Status of the Child's Adoption

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At
						  the time of signing the consent to adoption, the agency shall advise the
						  consenting parent, verbally and in writing, of the provisions of Family Code
						  Section
						  8813.
(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 4 - Accepting Consent › Section 35119 - Presentation of Required Statement to Consenting Parent. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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. Repealer 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: Sections
								10553
								and
								10554,
								Welfare and Institutions Code. Reference: Section
								224.73, Civil
								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 4 - Accepting Consent › Section 35121 - Additional Requirements for Accepting Consent

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At the time of accepting the consent to
						  adoption, the agency shall:
(1) Inform the
						  birth parent of the child's adjustment with the petitioners and of the
						  suitability of the petitioners to be adoptive parents to the child.
(2) Inform the birth parents that the law
						  provides for identifying information to be released to adoptees and birth
						  parents when certain conditions are met.
(3) Provide the birth parents with a copy of
						  the Adoptions Information Act Statement pursuant to Family Code Section
						  8818.
(A) (Reserved)
(B) (Reserved)
1. (Reserved)
(4) In the event the adoption is not
						  finalized, legal responsibility for the child remains with the birth parents
						  and they must either resume care of the child or make an alternative plan such
						  as choosing other adoptive parents or electing to relinquish the child to a
						  licensed adoption agency.
(A) If the agency is
						  unable to locate the birth parent, the agency shall accept the commitment of
						  the child under Family Code Section
						  8805.
(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 4 - Accepting Consent › Section 35122 - Revocation of Consent and Waiver of Right to Revoke Consent

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Revocation of a consent to adoption,
						  including an adoption placement agreement, and waiver of the right to revoke
						  consent are governed by Family Code Sections
						  8801.7,
						  8814.5, and
						  8815.
(1) (Reserved)
(2) (Reserved)
(3) (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 5 - Finalization of Adoption › Section 35123 - Completing the Court Report and Filing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The agency shall file the court report on
						  an adoption petition within 180 days of the filing of the adoption petition
						  unless an extension of time has been granted by the court.
(1) The court report shall contain a summary
						  of the facts disclosed by the study, an evaluation of such facts, and a
						  recommendation as to the granting of the petition.
(A) The information which is included in the
						  report shall be current and shall be substantiated in the case
						  record.
(B) The court report shall
						  include conclusions regarding the impact of any available record of the
						  petitioner's criminal or violent behavior on his or her ability to provide
						  appropriate parenting and a stable and safe home environment for the child.
1. The agency shall use the most current
						  criminal record information in its preparation of the court
						  report.
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 5 - Finalization of Adoption › Section 35123.1 - Reporting Suspected Child Abuse. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section 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.
2. New section 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.
3. Certificate of Compliance as to 11-24-98
							 order; including renumbering of former section
							 35123.1 to section
							 35125.1, transmitted to OAL
							 3-25-99 and filed 5-3-99 (Register 99, No. 19).
Note: Authority cited: Sections
								10553
								and
								10554,
								Welfare and Institutions Code; and Section
								8621, Family
								Code. Reference: Sections
								8801.3,
								8807, and
								8811, Family
								Code; and Sections
								11165,
								11165.1,
								11165.2,
								11165.3,
								11165.4,
								11165.6 and
								11165.7, Penal
								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 6 - Procedures in Denials and Commitments › Section 35125 - Planning for the Child when Consent is Withdrawn, the Petition is Withdrawn or Dismissed, or the Agency Recommends Removal of the Child

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) (Reserved)
(b) The agency shall be responsible for
						  reporting to the court and recommending a suitable plan for the care and
						  custody of the child in accordance with Family Code Section
						  8815 when:
(1) Prior to the entry of a final decree of
						  adoption the birth parent indicates orally or in writing that he/ or she wishes
						  to withdraw his/ or her consent.
(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 6 - Procedures in Denials and Commitments › Section 35125.1 - Reporting Suspected Child Abuse

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the agency knows or reasonably
						  suspects the petitioners have endangered the physical or mental health of a
						  child by abuse or neglect, the agency shall immediately contact the appropriate
						  child protective agency and file the mandatory "Suspected Child Abuse Report"
						  (Form SS 8572 Revised 1/93) pursuant to
						  Penal Code Section
						  11166(a).
1.
							 Renumbering of former section
							 35123.1 to section
							 35125.1 filed 5-3-99; operative
							 5-3-99 (Register 99, No. 19).
Note: Authority cited: Sections
								10553
								and
								10554,
								Welfare and Institutions Code; and Section
								8621, Family
								Code. Reference: Sections
								8801.3,
								8807, and
								8811, Family
								Code; and Sections
								11165,
								11165.1,
								11165.2,
								11165.3,
								11165.4,
								11165.6 and
								11165.7, Penal
								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 6 - Procedures in Denials and Commitments › Section 35126 - Denial or Dismissal of Adoption Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) (Reserved)
(b) When the agency recommends denial or
						  dismissal of the adoption petition, the agency shall submit a report to the
						  court recommending denial of the petition.
(1) If the petitioners wish to have the child
						  remain in the home of the petitioners, the agency shall:
(A) Refer the petitioners to the appropriate
						  agency for foster care licensure as required by Health and Safety Code section
						  1500
						  et seq.
(B) Discuss with the
						  petitioners and the birth parents the possibility and desirability of securing
						  legal guardianship 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 6 - Procedures in Denials and Commitments › Section 35127 - Denial or Dismissal of Adoption Petition. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
							 Renumbering of former section
							 35127 to section
							 35126 filed 12-28-89 as an
							 emergency; operative 1-1-90 (Register 90, No. 3). A Certificate of Compliance
							 must be transmitted to OAL within 120 days or emergency language will be
							 repealed on 5-1-90.
2. Certificate of Compliance as to 12-28-89
							 order transmitted to OAL 4-27-90 and filed 5-25-90 (Register 90, No.
							 28).
Note: Authority cited: Sections
								10553
								and
								10554,
								Welfare and Institutions Code. Reference: Sections
								226a,
								226b and
								226c, Civil
								Code; Section
								1500,
								Health and Safety Code; and Section
								11166, Penal
								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 5 - Procedures for Agency Adoptions › Article 1 - Assessment of the Child › Section 35127.1 - Content of Written Assessment of the Child

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) (Reserved)
(b) The agency shall assess each child
						  accepted for adoption services. The assessment shall be in writing and shall
						  include but not be limited to:
(1)
						  Identification of the child, including the child's:
(A) Sex.
(B) Age.
(C) Race.
(D) Ethnicity.
(E) Juvenile court status, including whether
						  the child is a dependent or subject to a petition pursuant to Welfare and
						  Institutions Code Section
						  300.
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 1 - Assessment of the Child › Section 35127.2 - Documents, Reports and Authorizations Required for Assessment of the Child

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  (Reserved)
(b) The agency shall
						  obtain:
(1) A certified copy of the child's
						  birth certificate.
(2) Complete
						  information regarding the legal status of the child.
(3) If the child is a dependent of the
						  juvenile court, all court reports regarding the child's dependency.
(4) Medical reports.
(A) The information contained in the medical
						  report shall be sufficient to enable the agency to comply with the requirements
						  of Family Code Section
						  8706 as set
						  forth at Section
						  35195(a)(1).
(5) Dental reports, when they
						  exist.
(6) Authorizations for the
						  release of:
(A) Medical information.
(B) Dental reports, when relevant.
(C) Scholastic information, if
						  relevant.
(D) Psychological
						  information, if relevant.
(E)
						  Medical, psychological and social information about birth
						  parents.
(7)
						  Authorization for the child's medical care prior to
						  relinquishment.
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 1 - Assessment of the Child › Section 35127.3 - Services for Children Accepted for Adoption Planning

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The agency shall provide services to
						  children who are accepted for adoption planing, including but not limited to:
(1) Preventive and remedial medical care,
						  including mental health services.
(2) Obtaining medical reports and the medical
						  background of the child.
(3)
						  Services pertaining to the placement of the child for adoption, the emotional
						  preparation of the child for adoption and working through losses and
						  separations.
(4) Services
						  pertaining to supervision of the adoptive placement.
(5) Preparation and completion of the
						  Adoption Placement Agreement.
(6)
						  Preparation and completion of the Adoption Assistance Agreement, when
						  necessary.
(7) Determination of the
						  AAP payment level, when necessary.
(8) Recertification of the Adoption
						  Assistance Agreement, when necessary.
(9) Freeing the child for
						  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 5 - Procedures for Agency Adoptions › Article 2 - Freeing a Child for Adoption › Section 35128 - Freeing a Child for Adoption

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) (Reserved)
(b) No agency shall place a child for
						  adoption unless parental rights of all living parents who may have a potential
						  legal claim to the child have been terminated, except as specified in this
						  section, and documentation of such actions has been filed with and acknowledged
						  by the department.
(1) If the child is in the
						  custody of a public agency or licensed adoption agency and all parents having a
						  potential legal claim to the child are deceased, the agency shall file an
						  action under Family Code Section
						  8705.
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 3 - Services for the Birth Parents › Section 35129 - Services for the Birth Parent

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Before accepting a relinquishment of a
						  child for adoption from a parent who is physically present in California, the
						  agency shall:
(1) Advise the parent regarding
						  his or her rights and alternatives to relinquishment of the child.
(A) If the child is not detained, a juvenile
						  court dependent in out-of-home care, or the ward of a legal guardian, the
						  parent shall be advised as specified at Section
						  35129.1.
(B) If the child is detained, a juvenile
						  court dependent in out-of-home care, or the ward of a legal guardian, the
						  parent shall be advised as specified at Section
						  35129.2.
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 3 - Services for the Birth Parents › Section 35129.1 - Advisement of the Parent Whose Child Has Not Been Removed from the Parent's Care

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  (Reserved)
(b) When advising a
						  mother or presumed father who is considering the relinquishment of a child who
						  is not detained, a juvenile court dependent in out-of-home care, or the ward of
						  a legal guardian, the agency shall inform the birth parent of:
(1) The parent's right to seek legal counsel
						  to assist him or her in the relinquishment process:
(A) Upon the parent's request, the agency
						  shall refer the parent to legal resources, including:
1. Attorney referral services,
2. Legal aid offices, or
3. Other known public legal
						  assistance.
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 3 - Services for the Birth Parents › Section 35129.2 - Advisement of the Parent Whose Child Has Been Removed from the Parent's Care

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  (Reserved)
(b) When advising a
						  mother or presumed father who is considering the relinquishment of a child who
						  is detained, a juvenile court dependent in out-of-home care, or the ward of a
						  legal guardian, the agency shall inform the birth parent of:
(1) The parent's right to seek legal counsel
						  from the attorney representing him or her in the dependency case to assist him
						  or her in the relinquishment process or in regaining custody of the child.
(A) The agency shall encourage the parent to
						  discuss the decision to relinquish with his or her attorney.
(B) The agency shall inform the parent that
						  the relinquishment is only valid if the court approves the relinquishment per
						  Family Code section
						  8700(i).
(C) If the child is the subject of a
						  guardianship, the parents shall be referred to legal counsel as specified in
						  Section 35129.1(b)(1).
(D) A relinquishing parent who is a minor,
						  has a right to relinquish their child for adoption to the department, county
						  adoption agency, or licensed adoption agency. The agency shall inform the
						  parent:
1. The relinquishment is not subject
						  to revocation by the relinquishing parent by reason of minority.
2. The relinquishment is not subject to
						  revocation because the relinquishing minor's parent or guardian was not served
						  with notice of the adoption, unless the minor parent had previously provided
						  written authorization to serve their parent or guardian with the
						  notice.
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 3 - Services for the Birth Parents › Section 35129.3 - Information and Authorization

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In addition to the identifying and
						  nonidentifying information provided by the birth parents on the AD 67 and the
						  AD 67A, the agency shall obtain the following information from other
						  individuals or agencies:
(1) Verification of
						  the birth mother's marital history.
(A) When
						  verification of the dissolution of all marriages of the birth mother is not
						  possible, the marriages preceding a verified divorce decree shall be assumed to
						  have been validly dissolved.
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 4 - Prerequisites to Accepting a Relinquishment › Section 35130 - Number of Interviews for Parents Considering Relinquishment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The agency
						  shall provide a minimum of two face-to-face interviews with a parent who is
						  considering relinquishment and who resides in California.
(1) The required interviews shall be provided
						  over a period of two or more days.
(A) At
						  least one interview shall be held after the birth 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 5 - Procedures for Agency Adoptions › Article 4 - Prerequisites to Accepting a Relinquishment › Section 35131 - Before Accepting Relinquishment for Children Under the ICWA

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Before accepting the parent's
						  relinquishment of the child who comes within the provisions of the ICWA, the
						  agency shall:
(1) Provide birth parent
						  services and advice as appropriate to the category of parent as described at
						  Sections 35129,
						  35129.1,
						  35129.2, and
						  35129.3.
(2) Provide additional services as set forth
						  at Section
						  35369.
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 4 - Prerequisites to Accepting a Relinquishment › Section 35133 - Counseling Prior to Accepting the Relinquishment. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 3-9-90; operative 4-8-90 (Register 90, No. 13).
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. 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. 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.
5. 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.
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).
Note: Authority cited: Sections
								10553
								and
								10554,
								Welfare and Institutions Code; and Section
								8621, Family
								Code. Reference: Section
								8700, 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 5 - Procedures for Agency Adoptions › Article 4 - Prerequisites to Accepting a Relinquishment › Section 35134 - Category of Parent and Counseling Services. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 3-9-90; operative 4-8-90 (Register 90, No. 13).
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 subsections
							 (a)(8), (b)(7), (c)(3) and (e)(5) filed 9-8-93; operative 10-7-93 (Register 93,
							 No. 37).
4. Change without regulatory effect amending subsections
							 (a)(2), (a)(5), (a)(7), (b)(2), (b)(3)-(b)(4)(C), (b)(4)(D)-(b)(6), (c)(2) and
							 NOTE filed 3-27-95 pursuant to section
							 100, title 1, California Code of
							 Regulations (Register 95, No. 13).
5. Renumbering of former section
							 35134 to new section
							 35129.1 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.
6. Renumbering of former
							 section 35134 to new section
							 35129.1 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.
7. 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
								and
								10554,
								Welfare and Institutions Code; and Sections
								8621,
								8710 and
								9202, Family
								Code. Reference: Sections
								1798.24(r) and
								(s), Civil Code; Sections
								8608,
								8700,
								8701,
								8702,
								8703,
								8704,
								8706,
								8708,
								8709,
								8710,
								8711,
								9202,
								9203,
								9204 and
								9206, Family
								Code; Section
								10850(b),
								Welfare and Institutions Code; and Section
								10439,
								Health and Safety 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 5 - Procedures for Agency Adoptions › Article 4 - Prerequisites to Accepting a Relinquishment › Section 35135 - Agency Determinations Before Accepting a Relinquishment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Before
						  accepting the parent's relinquishment of a child for adoption, the agency shall
						  determine and document in the case record:
(1)
						  That the parent has chosen the plan of adoption for the child and freely
						  chooses to relinquish the child.
(2) That the agency is able to place the
						  child for adoption.
(3) Whether the
						  child is subject to the provisions of the ICWA.
(A) If the child is subject to the provisions
						  of the ICWA, the agency shall inform the parents of the provisions of the ICWA
						  as set forth in Subchapter 8.
(B)
						  (Reserved)
(4) That the
						  parent has received required services and advisement as appropriate to the
						  category of parents as described in Sections
						  35129,
						  35129.1,
						  35129.2, and
						  35129.3.
(5) That the parent has the ability to
						  understand the content, nature and effect of signing the relinquishment.
(A) If the agency representative's
						  observation or knowledge of the parent's history or current condition indicates
						  that the parent may not have the ability to understand the content, nature, and
						  effect of signing the relinquishment, the agency representative shall refer the
						  parent to a licensed physician or to a licensed clinical psychologist for an
						  evaluation of the parent's ability to understand prior to accepting the
						  parent's signature on the relinquishment.
1.
						  An evaluation shall be required in at least the following circumstances:
a. The parent is receiving SSI/SSP for mental
						  illness or developmental disability.
b. The parent has received psychiatric
						  treatment and/or medication for mental illness or disease within the past two
						  years.
2. The agency
						  shall obtain a written authorization from the parent for release of the
						  evaluation.
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 5 - Accepting the Relinquishment › Section 35137 - Accepting a Relinquishment After Evaluation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The agency shall accept the
						  relinquishment:
(1) Only if the evaluation
						  required at Section
						  35135(a)(5)(A)
						  establishes the parent's ability to understand the content, nature, and effect
						  of signing the relinquishment.
(2)
						  No later than 30 days after the evaluation required at Section
						  35135(a)(5)(A) is
						  completed.
(3) From a parent for
						  whom the court has appointed a conservator only if the order of conservatorship
						  specifically allows the parent to relinquish his or her child for adoption and
						  the evaluation required at Section
						  35135(a)(5)(A)
						  establishes the parent's ability to understand the content, nature, and effect
						  of relinquishing the child to the agency for 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 5 - Procedures for Agency Adoptions › Article 5 - Accepting the Relinquishment › Section 35139 - Accepting the Relinquishment of a Newborn Not Subject to the ICWA

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  (Reserved)
(b) The agency shall
						  accept a relinquishment from the parent of a child not subject to the ICWA only
						  after the child is born.
(1) The agency shall
						  accept the mother's relinquishment of a newborn only after she has been
						  medically discharged from he hospital; unless the mother's hospitalization
						  after delivery is extended beyond five days.
(A) The agency shall be permitted to accept
						  the mother's relinquishment of the newborn while the mother is hospitalized
						  after obtaining a written statement from the attending physician that the
						  mother is not suffering from a known physical or mental impairment which would
						  preclude the mother's ability to relinquish the child for
						  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 5 - Procedures for Agency Adoptions › Article 5 - Accepting the Relinquishment › Section 35141 - Filing Options for the Relinquishing Parent

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The agency representative shall inform
						  all parents:
(1) Of the time frame options
						  for the filing of the signed relinquishment form with the department.
(A) The parent shall be permitted to request
						  that the signed relinquishment form be filed without a holding
						  period.
(B) The parent shall be
						  permitted to have the signed relinquishment form held for a specified period of
						  up to 30 days before the agency submits it to the department for
						  filing.
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 5 - Accepting the Relinquishment › Section 35142 - Prerequisites to Relinquishment. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
							 Repealer of Article 3 (Sections
							 30613-30625) and new Article 3
							 (Sections 30613-30625, not consecutive)
							 filed 12-3-74; effective thirtieth day thereafter (Register 74, No. 49).
							 Issuing agency: Department of Health.
2. Renumbering of Section
							 30613 to Section
							 35142 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.
3. Repealer filed 3-9-90; operative 4-8-90
							 (Register 90, No. 13).
4. Repealer of article 2 heading 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. Repealer of
							 article 2 heading 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).
Note: Authority cited: Sections
								10553
								and
								10554,
								Welfare and Institutions Code. Reference: Sections
								10553
								and
								10554,
								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 5 - Procedures for Agency Adoptions › Article 5 - Accepting the Relinquishment › Section 35143 - Relinquishment Form Provided by the Department

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Providing all other requirements are met,
						  the agency shall only accept a relinquishment on forms provided by the
						  department.
1. New
							 section filed 3-9-90; operative 4-8-90 (Register 90, No. 13).
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. Change without regulatory
							 effect amending NOTE filed 3-27-95 pursuant to section
							 100, title 1, California Code of
							 Regulations (Register 95, No. 13).
Note: Authority cited: Sections
								10553
								and
								10554,
								Welfare and Institutions Code; and Section
								8621, Family
								Code. Reference: Section
								8700, 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 5 - Procedures for Agency Adoptions › Article 5 - Accepting the Relinquishment › Section 35144 - Relinquishment-Content of Form. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
							 Amendment filed 2-4-82; effective thirtieth day thereafter (Register 82, No.
							 6).
2. Renumbering of Section
							 30615 to Section
							 35144 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.
3. Repealer filed 3-9-90; operative 4-8-90
							 (Register 90, No. 13).
Note: Authority cited: Sections
								10553
								and
								10554,
								Welfare and Institutions Code. Reference: Sections
								10553
								and
								10554,
								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 5 - Procedures for Agency Adoptions › Article 5 - Accepting the Relinquishment › Section 35145 - Identifying Information on the Relinquishment Document

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The relinquishment document shall provide
						  for identification of:
(1) The child's:
(A) Name as identified on the birth
						  certificate.
1. Any discrepancy between the
						  name of the child on the relinquishment form and on the birth certificate shall
						  be clarified by an affidavit, signed by the authorized representative of the
						  agency who accepted the relinquishment of the child.
(i) The affidavit shall be filed with the
						  court when the court report and relinquishment form are filed.
(ii) A copy of the affidavit shall be sent to
						  the department when the certified copy of the relinquishment form is
						  filed.
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 5 - Accepting the Relinquishment › Section 35146 - Witnesses to the Relinquishment. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
							 Renumbering of Section
							 30617 to Section
							 35146 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. Repealer filed 3-9-90; operative 4-8-90
							 (Register 90, No. 13).
Note: Authority cited: Sections
								10553
								and
								10554,
								Welfare and Institutions Code. Reference: Sections
								10553
								and
								10554,
								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 5 - Procedures for Agency Adoptions › Article 5 - Accepting the Relinquishment › Section 35147 - Statement of Understanding for the Parent Whose Child is Not Subject to the ICWA. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 3-9-90; operative 4-8-90 (Register 90, No. 13).
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. Amendment filed 9-8-93;
							 operative 10-7-93 (Register 93, No. 37).
4. Change without
							 regulatory effect amending section and NOTE filed 3-27-95 pursuant to section
							 100, title 1, California Code of
							 Regulations (Register 95, No. 13).
5. Renumbering of former section
							 35147 to new section
							 35152.1 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.
6. Renumbering of former
							 section 35147 to new section
							 35152.1 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.
7. 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
								and
								10554,
								Welfare and Institutions Code; and Sections
								8621 and
								9202, Family
								Code. Reference: Sections
								3010,
								7500,
								7501,
								7601,
								7602,
								7610,
								7611,
								7612,
								7630,
								7631,
								7632,
								7633,
								7634,
								7660,
								7661,
								7662,
								7663,
								7664,
								7665,
								8600,
								8601,
								8604,
								8605,
								8606,
								8607,
								8608,
								8616,
								8617,
								8618,
								8700,
								8701,
								8702,
								8703,
								8704,
								8706,
								8707,
								8708,
								8709,
								9201,
								9202,
								9203,
								9204,
								9205 and
								9206, Family
								Code; and Sections
								1798.24(r) and
								(s), Civil Code; Section
								621,
								Evidence Code; Sections
								6408 and
								6408.5,
								Probate Code; and Section
								16507.5,
								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 5 - Procedures for Agency Adoptions › Article 5 - Accepting the Relinquishment › Section 35149 - Accepting the Relinquishment Document

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The agency shall accept the parent's
						  relinquishment document as follows:
(1) For
						  parents of children who come within the provisions of the ICWA, additional
						  requirements shall be followed in accordance with Subchapter 8, Articles 4 and
						  5.
(A) (Reserved)
(B) In requests for out-of-state
						  relinquishments of Indian children, the agency shall include instructions to
						  accept the relinquishment in accordance with the requirements of the
						  ICWA.