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 5 - Procedures for Agency Adoptions › Article 5 - Accepting the Relinquishment › Section 35150 - Taking of Relinquishment-Competency to Sign. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
							 Amendment of section heading filed 2-4-82; effective thirtieth day thereafter
							 (Register 82, No. 6).
2. Renumbering of Section
							 30623 to Section
							 35150 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 6 - Accepting the Statement of Understanding › Section 35151 - Accepting the Statement of Understanding

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The agency shall accept the parent's
						  Statement of Understanding 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.
(2) The agency shall obtain the
						  parent's signature on the Statement of Understanding after he or she has:
(A) Indicated his or her understanding of the
						  relinquishment process by reading and initialing each explanatory statement on
						  the Statement of Understanding form.
(B) Indicated his or her preference regarding
						  options for the filing of the relinquishment form.
(3) The Statement of Understanding shall be
						  signed:
(A) In the presence of the agency
						  representative and two witness if signed in California.
1. The witnesses shall be at least 18 years
						  of age.
(B) Pursuant to
						  Family Code section
						  8700(c) and
						  (d) if the parent is not physically present
						  in California.
1. If the parent and child are
						  not physically present in California, the relinquishment shall be signed in the
						  presence of a representative of an agency licensed or approved to provide
						  adoption services under the laws of the relinquishing parent's state of
						  residence, if possible, or before a licensed social worker on a form prescribed
						  by the department and previously signed by an authorized official of the
						  agency.
2. If the child is in
						  California but the parent is not physically present in California the
						  relinquishment may be signed before a notary on a form prescribed by the
						  department, and previously signed by an authorized official by the
						  agency.
3. The use of a reader or
						  translator by the out-of-state agency should be verified by the out-of-state
						  agency.
(C) Pursuant to
						  the provisions of Civil Code Section
						  1183, if signed
						  outside of the United States,
(4) The agency shall give the parent the
						  option of waiting a maximum of 14 calendar days before signing the
						  relinquishment document.
(A) The agency shall
						  complete a new Statement of Understanding if the maximum of 14 calendar days
						  has elapsed and the parent desires to sign the relinquishment
						  document.
(5) After the
						  agency representative signs the Statement of Understanding, the representative
						  shall give the parent a copy of the signed form.
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 6 - Accepting the Statement of Understanding › Section 35152 - Relinquishment Not Possible by Some Parents with History of Mental Illness or Mental Deficiency. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 4-19-78; effective thirtieth day thereafter (Register 78, No.
							 16).
2. Renumbering of Section
							 30624 to Section
							 30625 and renumbering of former
							 Section 30625 to Section
							 30624 filed 2-4-82; effective
							 thirtieth day thereafter (Register 82, No. 6).
3. Renumbering of
							 Section 30624 to Section
							 35152 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.
4. 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 7 - Revocation of Relinquishment › Section 35153 - Revoking a Relinquishment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) (Reserved)
(b) After a relinquishment has been signed
						  but not filed with the department, the agency shall treat a relinquishing
						  parent's oral or written declaration that he or she wishes to revoke the
						  relinquishment or to have the child returned as an expression of intent to
						  revoke the relinquishment.
(1) Filing
						  includes the department's receipt and acknowledgment of a certified copy of the
						  relinquishment form.
(3) Upon
						  receipt of such declaration, the agency shall:
(A) Cease all adoptive planning for the
						  child.
(B) Give the parent the AD
						  4317 and advise him or her that:
1. The AD
						  4317 must be completed and returned to the agency by the date
						  specified.
2. The AD 4317 must be
						  returned to the agency within 14 days from the date the agency provides the
						  revocation form.
3. The request for
						  revocation shall be nullified if the form is not completed and returned to the
						  agency by the specified date.
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 7 - Revocation of Relinquishment › Section 35153.1 - 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
							 35153.1 to section
							 35207.1, 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: Section
								8700, 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 5 - Procedures for Agency Adoptions › Article 7 - Revocation of Relinquishment › Section 35154 - Filing of Relinquishments. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
							 Renumbering of Section
							 30625 to Section
							 30624 and renumbering and
							 amendment of former Section
							 30624 to Section
							 30625 filed 2-4-82; effective
							 thirtieth day thereafter (Register 82, No. 6).
2. Renumbering of
							 Section 30625 to Section
							 35154 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 7 - Revocation of Relinquishment › Section 35155 - Procedures for Return of the Child to the Parent Who Gave Physical Custody when the Child is Neither Detained nor a Juvenile Court Dependent in Out-of-Home Care

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
						  agency shall return the child who is neither detained nor a juvenile court
						  dependent in out-of-home care to the relinquishing parent who gave physical
						  custody of the child to the agency within a period not to exceed seven working
						  days following receipt of the parent's completed revocation form.
(1) The time and place for return of the
						  child shall be mutually agreed upon by the agency and the parent.
(2) The agency shall obtain a signed
						  statement from the revoking parent that physical custody of the child has been
						  returned to him or her.
(3) At the
						  time of the child's return to the revoking parent, the agency shall inform the
						  parent of available public and community resources.
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 7 - Revocation of Relinquishment › Section 35156 - Additional Requirement if Relinquished Child is Not Placed for Adoption. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 9-8-93; operative 10-7-93 (Register 93, No. 37).
2.
							 Change without regulatory effect amending subsection (a) and NOTE filed 3-27-95
							 pursuant to section
							 100, title 1, California Code of
							 Regulations (Register 95, No. 13).
3. 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.
4. 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.
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
								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 7 - Revocation of Relinquishment › Section 35157 - Revocation by Parent Who DID Not Give Physical Custody when the Child is Neither Detained nor a Juvenile Court Dependent in Out-of-Home Care

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  (Reserved)
(b) When a
						  relinquishment of a child who is neither detained nor a juvenile court
						  dependent in out-of-home care is revoked by a parent who did not give physical
						  custody of the child to the agency, the agency shall initiate court proceedings
						  to determine custody of the child and whether the plan for adoption can
						  proceed.
(1) If the other parent has also
						  relinquished the child, that parent shall be notified immediately of the
						  revocation and the initiation of court proceedings.
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 7 - Revocation of Relinquishment › Section 35159 - Revocation by Parent of the Child Who is Involved with the Juvenile Court

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When the
						  relinquishment is revoked by the parent of a child who is either the subject of
						  a juvenile court petition or a dependent of the juvenile court, the agency
						  shall notify the supervising county welfare department.
(1) If the agency has provided written notice
						  of the relinquishment pursuant to Family Code section
						  8700(i),
						  the agency shall likewise provide written notice of the parent's
						  revocation.
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 7 - Revocation of Relinquishment › Section 35161 - Revocation by Parent Who DID Not Give Physical Custody. [Renumbered]

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. 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. Renumbering of former section
							 35161 to section
							 35157 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. Renumbering of former
							 section 35161 to section
							 35157 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; Section
								1530,
								Health and Safety Code; and Section
								8621, Family
								Code. Reference: Section
								8700, 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 5 - Procedures for Agency Adoptions › Article 7 - Revocation of Relinquishment › Section 35163 - Treatment of Revoked Relinquishment Form. [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 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; Section
								1530,
								Health and Safety 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 8 - Filing of Relinquishment › Section 35165 - Filing Documents with the Department

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The agency shall file with the department
						  all the documents which pertain to freeing a child for adoptive placement and
						  adoption and the supporting information required for the issuance of the AD
						  4333.
(A) Filing includes the department's
						  receipt and acknowledgment of a certified copy of the relinquishment
						  form.
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 9 - Rescission of Relinquishment › Section 35167 - Authority for Rescission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  (Reserved)
(b) A relinquishment
						  which has been filed with the department shall be rescinded only as specified
						  at Family Code section
						  8700.
(1) Filing includes the department's receipt
						  and acknowledgment of a certified copy of the relinquishment
						  form.
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 9 - Rescission of Relinquishment › Section 35169 - Rescinding a Relinquishment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) (Reserved)
(b) After a relinquishment has been filed
						  with the department, the agency shall treat an oral or written declaration by
						  the relinquishing parent, that he or she wishes to rescind the relinquishment
						  or to have the child returned as a request for rescission.
(1) Filing includes the department's receipt
						  and acknowledgment of a certified copy of the relinquishment form.
(3) Upon such oral or written declaration by
						  the parent, the agency shall:
(A) Cease all
						  adoptive planning for the child until the agency reaches a decision regarding
						  the request.
(B) Give the parent
						  the AD 508.
(C) Advise the parent
						  that he or she has 14 days from the date the agency provides the rescission
						  form in which to give the agency a written request for rescission.
(D) Specify the date by which the parent must
						  complete and return the AD 508 to the agency.
(E) Inform the parent that if the form is not
						  completed and returned to the agency by the specified date, the request for
						  rescission shall be nullified.
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 9 - Rescission of Relinquishment › Section 35170 - Consideration of a Request to Rescind a Relinquishment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In considering a relinquishing parent's
						  request to have the relinquishment rescinded, the agency shall:
(1) Allow the parent to state his or her
						  reason for seeking rescission of the relinquishment and to present a plan for
						  care of the child.
(2) Consider the
						  needs of the child, the adequacy of the parent's plan and the public and
						  community resources, and services available to assist the parent in caring for
						  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 9 - Rescission of Relinquishment › Section 35171 - Content of Written Assessment of the Child. [Renumbered]

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. Amendment of
							 subsection (a) and note filed 7-23-90; operative 8-22-90 (Register 90, No.
							 37).
3. Change without regulatory effect amending section filed
							 8-2-91 pursuant to section
							 100, title 1, California Code of
							 Regulations (Register 91, No. 52).
4. Amendment of subsection (b)(6)
							 and NOTE filed 10-31-94 as an emergency; operative 11-1-94 (Register 94, No.
							 44). A Certificate of Compliance must be transmitted to OAL by 3-1-95 or
							 emergency language will be repealed by operation of law on the following
							 day.
5. Change without regulatory effect amending subsections
							 (b)(1)(A)-(b)(5), (b)(5)(A)1., (b)(6)-(7) and NOTE filed 3-27-95 pursuant to
							 section 100, title 1, California Code of
							 Regulations (Register 95, No. 13).
6. Certificate of Compliance as
							 to 10-31-94 order including amendment of subsection (b)(6) transmitted to OAL
							 2-27-95 and filed 4-10-95 (Register 95, No. 15).
7. Renumbering of
							 former article 4 to new article 1 and renumbering of former section
							 35171 to new section
							 35127.1 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.
8. Renumbering of former
							 article 4 to new article 1 and renumbering of former section
							 35171 to section
							 35127.1 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.
9. 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; Section
								1530,
								Health and Safety Code; and Section
								8608, Family
								Code. Reference: Sections
								8608,
								8706,
								8715 and
								9100, 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 5 - Procedures for Agency Adoptions › Article 9 - Rescission of Relinquishment › Section 35173 - Documents, Reports and Authorizations Required for Assessment of the Child. [Renumbered]

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. Change without regulatory
							 effect amending subsections (b)(1)-(4), (b)(5)(A)-(b)(6) and NOTE filed 3-27-95
							 pursuant to section
							 100, title 1, California Code of
							 Regulations (Register 95, No. 13).
4. Renumbering of former section
							 35173 to new section
							 35127.2 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. Renumbering of former
							 section 35173 to new section
							 35127.2 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; Section
								1530,
								Health and Safety Code; and Sections
								8608 and
								8621, Family
								Code. Reference: Sections
								8608,
								8706 and
								8715, 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 5 - Procedures for Agency Adoptions › Article 9 - Rescission of Relinquishment › Section 35175 - Services for Children Accepted for Adoption Planning. [Renumbered]

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 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 subsections (a)(1)-(8) and NOTE filed 3-27-95 pursuant to
							 section 100, title 1, California Code of
							 Regulations (Register 95, No. 13).
4. Renumbering of former section
							 35175 to new section
							 35127.3 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. Renumbering of former
							 section 35175 to new section
							 35127.3 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
								16118,
								Welfare and Institutions Code; Section
								1530,
								Health and Safety Code; and Section
								8621, Family
								Code. Reference: Sections
								8704,
								8706,
								8708 and
								8715, 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 10 - Application to Adopt › Section 35177 - Written Application, Agency Actions, and Authority for Disapproval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The agency
						  shall require a written application for adoption before it conducts an
						  assessment of the applicant.
(b)
						  The agency shall provide information to the adoptive applicant as specified in
						  Sections 35179 and
						  35179.1.
(c) The agency shall assess each applicant as
						  specified in Sections
						  35181 or
						  35183.
(2) If the anticipated waiting time before
						  the agency begins an assessment is more than six months, the agency shall:
(A) Provide the applicant with the names of
						  the other agencies which provide assessment services in the county where the
						  applicant resides; and
(B) Inform
						  the applicant of the availability of the federal income tax credit which may
						  reimburse the family for all or part of the cost of an assessment by a licensed
						  private 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 5 - Procedures for Agency Adoptions › Article 10 - Application to Adopt › Section 35179 - Information to be Provided to an Applicant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) (Reserved)
(b) The agency shall provide the applicants
						  with information which shall include but not be limited to:
(1) Characteristics of children available for
						  adoption through the agency.
(A) Information
						  and counseling regarding the need for a community care facility license if a
						  child who has not been legally freed for adoption is to be placed with the
						  applicant.
(B) If children under
						  the court's jurisdiction are available through the agency, information about
						  the juvenile court dependency process. This information shall include, but not
						  be limited to:
1. Concurrent services
						  planning.
2. The role of permanency
						  planning families.
(C)
						  Availability of national, state, and local adoption exchanges and photo-listing
						  albums.
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 10 - Application to Adopt › Section 35179.1 - Information Regarding Kinship Adoption. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
							 Renumbering of former section
							 35209.1 to section
							 35179.1, including amendment of
							 subsections (a)(4) and (a)(5), filed 5-3-99; operative 5-3-99 (Register 99, No.
							 19).
2. Repealer filed 1-15-2019; operative 4-1-2019 (Register 2019,
							 No. 3).
Note: Authority cited: Sections
								10553
								and
								10554,
								Welfare and Institutions Code; Section
								1530,
								Health and Safety Code; and Section
								8621, Family
								Code. Reference: Sections
								8714.5,
								8714.7 and
								8715, 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 11 - Assessment of the Applicant › Section 35180 - Written Assessment of the Adoptive Applicant and Documentation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The agency
						  shall assess each applicant seeking to adopt a child for whom the agency needs
						  adoptive parents in order to determine the applicant's suitability as a
						  prospective adoptive parent.
(1) A copy of
						  the written assessment of the adoptive applicant shall be retained in the case
						  file and shall include:
(A) Identifying
						  information about the applicant and any children and adults residing in the
						  home:
1. Name.
2. Date of birth.
3. Sex.
4. Relationship, if any, to the child to be
						  adopted.
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 11 - Assessment of the Applicant › Section 35181 - Full Assessment of the Adoptive Applicant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The agency shall have at least 3 separate
						  face-to-face contacts with each applicant for the purpose of interviewing the
						  applicant for the assessment.
(1) Up to 2
						  contacts may be adoption training or preparation class sessions.
(2) The contacts shall include, at least, all
						  of the following:
(A) At least one interview
						  with the applicant in the home.
(B)
						  A separate face-to-face interview with each applicant.
(C) A joint interview when there are two
						  applicants.
(D) A face-to-face
						  interview with all other individuals residing in the home.
(E) Additional interviews as
						  necessary.
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 11 - Assessment of the Applicant › Section 35183 - Abbreviated Assessment of the Adoptive Applicant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The agency may conduct an abbreviated
						  assessment under any of the following conditions:
(1) The applicant is the current care giver
						  of the child to be adopted, and
(A) Is
						  licensed or certified as a foster family home, and
(B) Has cared for the child, under the
						  supervision of an adoption or child welfare agency, for at least six
						  months.
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 11 - Assessment of the Applicant › Section 35183.1 - Updating an Existing Assessment of the Adoptive Applicant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) (Reserved)
(b) The agency shall obtain authorization
						  from the applicant to obtain the prior assessment.
(1) The agency shall include in the updated
						  assessment, the name of the agency that completed the prior assessment and the
						  date the assessment was completed.
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 11 - Assessment of the Applicant › Section 35184 - Criminal Background Check of Applicants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The agency shall complete a criminal
						  record check of all applicants and any other adults residing in the home to
						  obtain the full state and federal criminal record history from the Department
						  of Justice (DOJ) pursuant to Family Code Section
						  8712. An
						  investigation of the facts regarding prior arrests or convictions may lead to a
						  denial of the adoption home study.
(b) For all other applicants for whom
						  criminal record information is not otherwise available from a state or county
						  licensing agency, the agency shall submit to the DOJ one set of fingerprints
						  for each applicant.
(1) The agency shall
						  clearly indicate "Adoption" on the request to inform the DOJ of the purpose of
						  the criminal record clearance.
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 11 - Assessment of the Applicant › Section 35185 - Interviews During Assessment. [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 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 subsections (a)(1)-(4) and 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; Section
								1530,
								Health and Safety Code; and Section
								8621, Family
								Code. Reference: Section
								8715, 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 11 - Assessment of the Applicant › Section 35187 - Exceptions to Assessment Interview Requirements. [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 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; Section
								1530,
								Health and Safety Code; and Section
								8621, Family
								Code. Reference: Section
								8715, 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 11 - Assessment of the Applicant › Section 35189 - Identifying Information and Evaluation of Characteristics of Applicant. [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. Amendment of
							 subsections (a), (a)(1) and (a)(2) and new subsection (a)(3) filed 7-28-89;
							 operative 8-27-89 (Register 89, No. 31).
3. Change without
							 regulatory effect amending NOTE filed 8-2-91 pursuant to section
							 100, title 1, California Code of
							 Regulations (Register 91, No. 52).
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. 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.
6. 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.
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; Section
								1530,
								Health and Safety Code; and Section
								8621, Family
								Code. Reference: Sections
								8708,
								8712,
								8715, Family
								Code.