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 8 - Adoption of Children with Indian Heritage › Article 1 - Additional Agency Requirements for Adoption of Children with Indian Heritage › Section 35353 - CDIB and Linkage to the ICWA

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  In working with children who could be subject to the provisions of the ICWA or
						  be eligible for a CDIB and the birth parents of such children, the additional
						  requirements of Subchapter 8 shall be met.
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 adding new subsection (a) designator and amending
							 NOTE filed 3-27-95 pursuant to section
							 100, title 1, California Code of
							 Regulations (Register 95, No. 13).
3. Amendment filed 7-30-98 as an
							 emergency; operative 8-1-98 (Register 98, No. 31). A Certificate of Compliance
							 must be transmitted to OAL by 11-30-98 or emergency language will be repealed
							 by operation of law on the following day.
4. Amendment refiled
							 11-24-98 as an emergency; operative 11-29-98 (Register 98, No. 48). A
							 Certificate of Compliance must be transmitted to OAL by 3-29-99 or emergency
							 language will be repealed by operation of law on the following
							 day.
5. Certificate of Compliance as to 11-24-98 order transmitted
							 to OAL 3-25-99 and filed 5-3-99 (Register 99, No.
							 19).
Note: Authority cited: Sections
								10553
								and
								10554,
								Welfare and Institutions Code; and Sections
								8619 and
								8621, Family
								Code. Reference: Section
								10553,
								Welfare and Institutions Code; Section
								8619, Family
								Code; and 25 U.S.C. Sections
								1901,
								1902,
								1903,
								1911,
								1912,
								1913,
								1914,
								1915,
								1916,
								1917,
								1920 and
								1921.
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 8 - Adoption of Children with Indian Heritage › Article 1 - Additional Agency Requirements for Adoption of Children with Indian Heritage › Section 35355 - Non-Applicability of ICWA

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
						  requirements of the ICWA shall not apply to:
(1) Adoptions in which a final decree of
						  adoption was issued prior to May 8, 1979.
(2) Children who are members of non-federally
						  recognized Indian tribes.
(A) The agency shall
						  submit the AD 4311 to the department as required in Section
						  35359.
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 8 - Adoption of Children with Indian Heritage › Article 2 - Certification of Degree of Indian Blood (CDIB), Tribal Membership Eligibility, and/or Tribal Enrollment › Section 35357 - Background Information to Determine the Applicability of the ICWA and to Obtain the CDIB

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
						  agency shall obtain sufficient information from the parents of a child as
						  follows:
(1) If an Independent Adoption, as
						  required by Section
						  35023.
(2) If an Agency Adoption, as required by
						  Section 35129.3.
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 8 - Adoption of Children with Indian Heritage › Article 2 - Certification of Degree of Indian Blood (CDIB), Tribal Membership Eligibility, and/or Tribal Enrollment › Section 35359 - Completing the AD 4311

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
						  agency shall complete all requested information on the AD 4311 to the extent
						  that the information is ascertainable from the birth parents, extended family
						  members, and other sources of information.
(b) The agency shall complete an AD 4311 when
						  parental rights regarding a child claiming Indian heritage, including unknown
						  tribes, are being involuntarily or voluntarily terminated.
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 subsection (a) and NOTE filed 3-27-95 pursuant to section
							 100, title 1, California Code of
							 Regulations (Register 95, No. 13).
4. Amendment of section heading,
							 section and NOTE filed 7-30-98 as an emergency; operative 8-1-98 (Register 98,
							 No. 31). A Certificate of Compliance must be transmitted to OAL by 11-30-98 or
							 emergency language will be repealed by operation of law on the following
							 day.
5. Amendment of section heading, section and NOTE 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 Sections
								8619 and
								8621, Family
								Code. Reference: Section
								8619, Family
								Code; and 25 U.S.C. Sections
								1911 and
								1912.
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 8 - Adoption of Children with Indian Heritage › Article 2 - Certification of Degree of Indian Blood (CDIB), Tribal Membership Eligibility, and/or Tribal Enrollment › Section 35361 - Submission of the AD 4311 to the Department

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Before accepting a relinquishment or
						  consent, the agency or the adoption service provider shall immediately submit
						  to the department a completed AD 4311 for each child claiming Indian heritage.
(1) A certified copy of the child's birth
						  certificate shall be attached to the AD 4311.
(2) If the father is the identified Indian
						  parent and is not named on the child's birth certificate, or his paternity has
						  not been otherwise established, a signed and notarized statement of paternity
						  must be attached to the AD 4311.
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 8 - Adoption of Children with Indian Heritage › Article 2 - Certification of Degree of Indian Blood (CDIB), Tribal Membership Eligibility, and/or Tribal Enrollment › Section 35363 - Procedures for Children Who Meet the Definition of an Indian Child

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  Reserved.
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 adding new subsection (a) and 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 Sections
								8619 and
								8621, Family
								Code. Reference: Section
								8619, 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 8 - Adoption of Children with Indian Heritage › Article 3 - Background Information › Section 35365 - Background Information on a Child Subject to the ICWA

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The agency shall attempt to ascertain the
						  following background information:
(1) Name,
						  address, date, place of birth, and tribal affiliation of the child and of any
						  parent, grandparent, or great-grandparent with Indian heritage.
(2) Names and addresses of extended family
						  members.
(3) Tribal customs
						  regarding child placement practices.
(4) Addresses where tribal governing
						  organizations may be located.
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 8 - Adoption of Children with Indian Heritage › Article 4 - Information to Parents of a Child with Indian Heritage Regarding Provisions of the ICWA › Section 35367 - Information to the Parents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  The agency shall inform the parents of a child with Indian heritage that:
(1) The provisions of the ICWA shall apply if
						  at least one parent is a member of an Indian tribe as defined at Section
						  35000(i)(7) and
						  the child is an Indian child as defined at Section
						  35000(i)(5).
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 8 - Adoption of Children with Indian Heritage › Article 4 - Information to Parents of a Child with Indian Heritage Regarding Provisions of the ICWA › Section 35369 - Provisions of the ICWA

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  The agency shall inform the parents of a child subject to the ICWA of the act's
						  provisions which include:
(1) The requirement
						  for an order of placement preference.
(C) If
						  the parent requests modification of the placement order in an agency adoption,
						  the request shall be brought to the attention of the court for a decision on
						  whether the placement order shall be modified.
(D) In an independent adoption, the court
						  shall be advised that the parent has been made aware of the order of placement
						  preference and has made the decision to consent to the adoption by the
						  petitioners.
California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 4 - Institutions and Boarding Homes for Persons Aged 16 and Above › Chapter 3 - Adoptions Program Regulations [Renumbered] › Subchapter 8 - Adoption of Children with Indian Heritage › Article 4 - Information to Parents of a Child with Indian Heritage Regarding Provisions of the ICWA › Section 35371 - Provisions for Setting Aside the Adoption and Withdrawing Consent

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The agency
						  shall inform the parents of a child subject to the provisions of the ICWA that
						  within five years of the time a decree of adoption is granted, the parent may
						  petition the court to set aside a decree of adoption upon the grounds that the
						  consent or relinquishment was obtained through fraud or duress pursuant to USC
						  1913(d) and Family Code Section
						  9102.
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 subsection (a) and 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 Sections
								8619 and
								8621, Family
								Code. Reference: Section
								9102, Family
								Code; and 25 U.S.C.
								1913(d).
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 8 - Adoption of Children with Indian Heritage › Article 4 - Information to Parents of a Child with Indian Heritage Regarding Provisions of the ICWA › Section 35373 - Invalidation of Procedures to Terminate Parental Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The agency shall inform the parent of a
						  child subject to the provisions of the ICWA that the parent may petition the
						  court to invalidate any action that terminated parental rights if termination
						  procedures did not comply with the ICWA.
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).
Note: Authority cited: Sections
								10553
								and
								10554,
								Welfare and Institutions Code; and Sections
								8619 and
								8621, Family
								Code. Reference: Section
								9102, Family
								Code; and 25 U.S.C.
								1911,
								1912(a),
								1913(a),
								1913(c),
								1913(d),
								1914,
								1915(a),
								1916,
								1917 and
								1951.
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 8 - Adoption of Children with Indian Heritage › Article 5 - Freeing the Indian Child for Adoption › Section 35375 - Voluntary Termination of Parental Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The agency shall meet the requirements of
						  25 USC
						  1913 in accepting the relinquishment of or
						  consent to adoption of an Indian child.
1. New
							 section filed 9-1-8; 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 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
								8619 and
								8621, Family
								Code. Reference: 25 U.S.C.
								1913.
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 8 - Adoption of Children with Indian Heritage › Article 5 - Freeing the Indian Child for Adoption › Section 35377 - Involuntary Termination of Parental Rights

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The agency shall meet the requirements of
						  25 USC
						  1912 when parental rights to an Indian child
						  are terminated involuntarily.
(b)
						  The notice required by 25
						  USC 1912(a) shall contain
						  the following:
(1) The names, dates, and
						  places of birth of the Indian child, his parents or Indian custodian.
(2) The maiden name of the child's
						  mother.
(3) Tribal affiliation of
						  the child and the parents when known.
(4) A copy of the petition, complaint or
						  other document by which the proceeding was initiated.
(5) The name of the petitioner and the name
						  and address of the petitioner's attorney.
(6) A statement of the right o the biological
						  parents or Indian custodians and the Indian child's tribe to intervene in the
						  proceeding.
(7) A statement that if
						  the parents or Indian custodians are unable to afford counsel, counsel will be
						  appointed to represent them.
(8) A
						  statement of the right of the parents or Indian custodians and the Indian
						  child's tribe to have on request, twenty days or such additional time as may be
						  permitted under state law to prepare for the proceedings.
(9) The location, mailing address, and
						  telephone number of the court.
(10)
						  A statement of the right of the parents or Indian custodians or the Indian
						  child's tribe to petition the court to transfer the proceedings to the Indian
						  child's tribal court.
(11) The
						  potential legal consequences of an adjudication on future custodial rights of
						  the parents or Indian custodian.
(12) A statement that since child custody
						  proceedings are usually conducted on a confidential basis, tribal officials
						  should keep confidential the information contained in the notice concerning the
						  particular proceeding and not reveal it to anyone who does not need the
						  information in order to exercise the tribe's right under the
						  ICWA.
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 8 - Adoption of Children with Indian Heritage › Article 6 - Information Transmitted to Applicants in Agency Adoptions › Section 35379 - Information to Applicant Prior to Placement of an Indian Child for Adoption

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior to the
						  placement of an Indian child for adoption, the agency shall inform the
						  applicant of the birth parents' right to:
(1)
						  Rescind the relinquishment and have the child returned at any time prior to the
						  entry of a final decree of adoption by the court.
(2) Petition the court within five years of
						  the granting of the final decree of adoption to set aside a decree of adoption
						  upon the grounds that the relinquishment was obtained through fraud or
						  duress.
(3) Petition the court to
						  invalidate any action terminating parental rights if termination procedures did
						  not comply with the ICWA.
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 8 - Adoption of Children with Indian Heritage › Article 7 - Placement and Supervision in an Agency Adoption › Section 35381 - Placement Agreement, Compliance with Order of Placement Reference and Procedure Regarding Request to Rescind

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The agency shall:
(1) Enter into a placement agreement which
						  includes, in addition to the requirements of Section
						  35207 confirmation that the
						  prospective adoptive parents were advised of the birth parent's rights as
						  specified at Sections
						  35379(a)(1), (2) and
						  (3).
(2) Document in the adoption case record the
						  basis used to comply with the order of placement preference or the reason for
						  any failure to comply. A copy of the court order and documentation establishing
						  good cause to the contrary for failing to comply shall be attached to the AD
						  558 sent to the department.
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 8 - Adoption of Children with Indian Heritage › Article 8 - Information Transmitted to Petitioners in an Independent Adoption › Section 35383 - Applicability of ICWA to Non-Indian Parents, Withdrawal of Consent and Termination of Parental Rights in an Independent Adoption

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) During the investigation of the adoption
						  petition, the agency shall advise the petitioners that:
(1) The provisions of the ICWA apply to the
						  non-Indian parent of an Indian child as well as to the Indian parent.
(2) The birth parent may withdraw his or her
						  consent and has the right to have the child returned to him or her at any time
						  prior to the issuance of a final decree of adoption.
(3) The procedures pursuant to Section
						  35377 will be followed if it is
						  necessary to terminate parental rights involuntarily.
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 8 - Adoption of Children with Indian Heritage › Article 9 - Information Transmitted to the Adoptee › Section 35385 - Procedures for Transmission of Information to the Adoptee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The department shall, upon the request of
						  an adoptee who has reached 18 years of age:
(1) Inform the adoptee as to the tribe in
						  which he or she is enrolled, or eligible for enrollment, and his or her degree
						  of Indian blood.
(2) Inform the
						  adoptee that the department will forward to the BIA any available information
						  necessary to obtain benefits to which he or she is entitled, including tribal
						  enrollment.
(3) Inform the adoptee
						  that if he or she desires additional identifying information, he or she may
						  petition the Superior Court pursuant to Family Code Section
						  9200 and
						  Health and Safety Code Section
						  102705.
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 8 - Adoption of Children with Indian Heritage › Article 9 - Information Transmitted to the Adoptee › Section 35387 - Transmission of Information and Documentation Requested by the Department

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The agency
						  shall provide to the department, upon request, information and documentation
						  from the agency case record to assist the adoptee in obtaining tribal
						  membership, and/or benefits derived from his or her Indian status, or
						  certification of degree of Indian blood.
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 newly designated subsection (a) and 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 Sections
								8619 and
								8621, Family
								Code. Reference: Section
								8619, 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 9 - Interstate Compact on the Placement of Children (ICPC) › Article 1 - Definitions and Conditions › Section 35400 - Definitions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
							 Editorial renumbering and printing of former section
							 30850 to section
							 35400 filed 9-20-90 (Register 90,
							 No. 47).
2. Amendment filed 10-1-91 as an emergency; operative
							 10-1-91 (Register 92, No. 13). A Certificate of Compliance must be transmitted
							 to OAL 1-29-92 or emergency language will be repealed by operation of law on
							 the following day.
3. Certificate of Compliance as to 10-1-91 order
							 transmitted to OAL 1-27-92 and filed 3-9-92 (Register 92, No.
							 18).
4. Amendment of subsections (c)(1)-(2), (i)(2)-(3), (p)(3),
							 (r)(2), (s)(2) and NOTE, repealer of subsections (p)(3)(A) and (s)(1) and new
							 (s)(1) filed 6-9-94; operative 6-9-94 (Register 94, No. 23). A Certificate of
							 Compliance must be transmitted to OAL by 10-7-94 or emergency language will be
							 repealed by operation of law on the following day.
5. Certificate of
							 Compliance as to 6-9-94 order transmitted to OAL 10-7-94 and filed 11-3-94
							 (Register 94, No. 44).
6. Editorial correction of subsections (r)(2)
							 and (s)(2) (Register 94, No. 44).
7. Repealer of Article 1 and
							 section filed 12-29-94; operative 1-1-95 (Register 94, No. 52).
8.
							 Editorial correction of HISTORY 7 (Register 95, No.
							 13).
Note: Authority cited: Sections
								10553
								and
								10554,
								Welfare and Institutions Code. Reference: Section
								16100,
								Welfare and Institutions Code; Section
								1502,
								Health and Safety Code; and Section
								7900, 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 9 - Interstate Compact on the Placement of Children (ICPC) › Article 2 - Relinquishment Adoptions › Section 35401 - Children Leaving California

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  To initiate a home evaluation:
(1) The
						  California sending agency shall summarize information about the child, complete
						  Sections I, II and III of the ICPC 100A, and:
(A) Forward the following documents to the
						  receiving state's appropriate public authority:
1. Two copies of the child summary, ICPC 100A
						  (Rev. 10/91), and a home study request;
(i)
						  An ICPC 100A (Rev. 10/91) must be completed for each 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 9 - Interstate Compact on the Placement of Children (ICPC) › Article 2 - Relinquishment Adoptions › Section 35403 - Children Entering California

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When a home evaluation request is
						  submitted to a California receiving agency from a sending party state:
(1) The California receiving agency shall
						  obtain in cooperation with the sending state's appropriate public authority the
						  following documents:
(A) Copies of the home
						  study request and the ICPC 100A (Rev. 10/91);
(1) An ICPC 100A (Rev. 10/91) must be
						  completed for each 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 9 - Interstate Compact on the Placement of Children (ICPC) › Article 3 - Independent Adoptions › Section 35405 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The following
						  provisions apply to the birth parent(s).
(1)
						  Only the birth parent(s) may make adoptive placement plans for his or her
						  child.
(2) The birth parent(s) is
						  considered the sending agency.
(3)
						  The birth parent(s) remains financially responsible for the child until the
						  adoption is made final.
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 9 - Interstate Compact on the Placement of Children (ICPC) › Article 3 - Independent Adoptions › Section 35407 - Children Leaving California

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  The California agency [because California is the state where the birth
						  parent(s) lives] shall request the birth parent(s) to submit the ICPC 100A
						  (Rev. 10/91) for forwarding to the receiving state's appropriate public
						  authority (the state where the prospective adoptive parent(s) lives) the
						  following documents:
(1) Four copies of the
						  completed ICPC 100A (Rev. 10/91).
(A) An ICPC
						  100A (Rev. 10/91) must be completed for each 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 9 - Interstate Compact on the Placement of Children (ICPC) › Article 3 - Independent Adoptions › Section 35409 - Children Entering California

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The California agency shall request the
						  birth parent(s) to furnish the following information through the appropriate
						  public authority in the sending state to the California agency:
(1) Copies of the completed ICPC 100A (Rev.
						  10/91).
(A) An ICPC 100A (Rev. 10/91) must be
						  completed for each 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 4 - Minimum Standards for Facilities for Children [Renumbered] › Subchapter 2 - Day Nurseries [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer of Subchapter 3 (Sections
						31325-31491, not consecutive)
						filed 8-1-75; effective thirtieth day thereafter (Register 75, No.
						31).
2. Repealer of Subchapter 4 (Sections
						31751-31957, not consecutive)
						filed 8-1-75; effective thirtieth day thereafter (Register 75, No.
						31).
3. Repealer of Chapter 4, Subchapters 1 and 2 (Sections
						31001-31323, not consecutive)
						filed 10-27-78; effective thirtieth day thereafter (Register 78, No. 43). For
						prior history, see Registers 72, No. 21; 75, No. 31.
4. Editorial
						correction of history notes (Register 78, No. 45).
5. New Subchapter
						2 (Sections
						31191-31323, not consecutive)
						filed 11-24-78 as an emergency; designated effective 11-26-78. Certificate of
						Compliance included (Register 78, No. 47).
6. *Repealer of
						Subchapter 2 (Articles 1-6, Sections
						31191-31323, not consecutive)
						filed 10-7-83; designated effective 1-1-84 (Register 83, No. 42). For prior
						history, see Register 80, Nos. 11 and 19.
* The reorganization of
						Subchapter 2 into Division 6, Chapter 2, is printed as a repealer for
						clarity.
Note: Authority cited: Section
						  1530,
						  Health and Safety Code. Reference: Sections
						  1501,
						  1502,
						  1503,
						  1505,
						  1507,
						  1508,
						  1509,
						  1510,
						  1511,
						  1513,
						  1520,
						  1522,
						  1523,
						  1524,
						  1525,
						  1526,
						  1527,
						  1528,
						  1529,
						  1530,
						  1531,
						  1533,
						  1534,
						  1541,
						  1543,
						  and
						  1550,
						  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 5 - Minimum Standards for Residential Care Homes for Adults [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 of Chapter 5 (Sections
					 32001-32103, not consecutive)
					 filed 8-1-75; effective thirtieth day thereafter (Register 75, No. 31).
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 6 - Continuing Care Agreements [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 of Chapter 6 (Sections
					 33001-33293, not consecutive)
					 filed 8-1-75; effective thirtieth day thereafter (Register 75, No. 31). For
					 prior history, see Register 74, No. 6.
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 6 - Preventive Medical Services › Chapter 1 - California Health Services Corps › Article 1 - Definitions › Section 40101 - Corps

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Corps" means the California Health Services
						  Corps.
1. New
						  Chapter 1 (Sections
						  40101-40152, not consecutive)
						  filed 4-11-77 as an emergency; effective upon filing (Register 77, No.
						  16).
2. Certificate of Compliance filed 8-5-77 (Register 77, No.
						  32).
Note: Authority cited for Chapter 1, Sections
							 102
							 and
							 208,
							 Health and Safety Code. Reference: Sections
							 1185-1188.7, Chapter 1196, Part 4,
							 Division 1, 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 6 - Preventive Medical Services › Chapter 1 - California Health Services Corps › Article 1 - Definitions › Section 40103 - Department

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Department" means the State Department of Health
						  Services.
1.
						  Amendment filed 6-30-78 as an emergency; designated effective at 11:59 p.m. on
						  6-30-78 (Register 78, No. 26).
2. Certificate of Compliance
						  transmitted to OAH 10-27-78; filed 10-31-78 (Register 78, No.
						  44).
Note: Authority cited: Sections
							 102
							 and
							 208,
							 Health and Safety Code. Reference: Chapter 1252, Statutes of
							 1977.
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 6 - Preventive Medical Services › Chapter 1 - California Health Services Corps › Article 1 - Definitions › Section 40105 - Designated Areas

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Designated areas" means areas designated pursuant to
						  Section 1188.4, Part 4, Division 1, of the
						  Health and Safety Code as rural areas with unmet priority need for medical
						  services.
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 6 - Preventive Medical Services › Chapter 1 - California Health Services Corps › Article 1 - Definitions › Section 40106 - Director

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Director" means the Director of Health
						  Services.
1.
						  Amendment filed 6-30-78 as an emergency; designated effective at 11:59 p.m. on
						  6-30-78 (Register 78, No. 26).
2. Certificate of Compliance
						  transmitted to OAH 10-27-78; filed 10-31-78 (Register 78, No.
						  44).
Note: Authority cited: Sections
							 102
							 and
							 208,
							 Health and Safety Code. Reference: Chapter 1252, Statutes of
							 1977.
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 6 - Preventive Medical Services › Chapter 1 - California Health Services Corps › Article 1 - Definitions › Section 40107 - Provider

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Provider" for the purpose of Section
						  40115 means an individual:
(a) Who is a direct provider of health care
						(including a physician, dentist, pharmacist, nurse, podiatrist or physician's
						assistant) in that the individual's primary current activity is the provision
						of health care to individuals or the administration of health facilities or
						institutions (including hospitals, long-term care facilities, outpatient
						facilities and health maintenance organizations) in which such care is provided
						and, when required by state law, the individual has received professional
						training in the provision of such care or in such administration and is
						licensed or certified for such provision or administration or;
(b) Who is an indirect provider in that the
						individual:
(1) Holds a fiduciary position in,
						or has a fiduciary interest in, any entity described in subclause (B) or (D) of
						clause (2);
(2) Receives (either
						directly or through his/her spouse) more than 1/10 of his/her gross annual
						income from any one or combination of the following:
(A) Fees or other compensation for research
						into or instruction in the provision of health care,
(B) Entities engaged in the provision of
						health care or in such research or instruction,
(C) Producing or supplying drugs or other
						articles for individuals or entities for use in the provision of or in research
						into or instruction in the provision of health care,
(D) Entities engaged in producing drugs or
						such other articles.
(3)
						Is a member of the immediate family of an individual who is a direct or
						indirect provider as described in (a) or (b) or;
(4) Is engaged in insuring any policy or
						contract of individual or group health insurance or hospital or medical
						benefits.
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 6 - Preventive Medical Services › Chapter 1 - California Health Services Corps › Article 1 - Definitions › Section 40108 - Rural

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A rural area is:
(a) a County Census Division or aggregate of
						County Census Divisions with a density of less than 250 persons per square mile
						according to the latest decennial census conducted by the U. S. Bureau of
						Census, and in which the principal city has a population of no more than 20,000
						persons according to said census, or;
(b) An area designated by the Health Manpower
						Commission as a rural area with unmet priority needs for medical service as
						specified in Section
						1188.4
						of the Health and Safety Code.
1.
						  Amendment of subsection (b) filed 12-9-77; effective thirtieth day thereafter
						  (Register 77, No. 50).
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 6 - Preventive Medical Services › Chapter 1 - California Health Services Corps › Article 1 - Definitions › Section 40109 - Site

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Site" means a clinic, facility or geographic area to
						  which corps personnel are assigned.
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 6 - Preventive Medical Services › Chapter 1 - California Health Services Corps › Article 2 - Eligibility › Section 40111 - Applicant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any of the
						following may apply for assignment of corps personnel for the provision of
						health care services in underserved rural areas:
(1) A nonprofit clinic as defined in Health
						and Safety Code Section
						1203,
						or licensed health facility.
(2) A
						licensed health provider or group of licensed providers.
(3) A county health project or
						facility.
(4) A project or facility
						sponsored by state or federal funds.
(5) A nonprofit community or consumer
						corporation.
(6) A charter
						city.
(7) A Board of
						Supervisors.
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 6 - Preventive Medical Services › Chapter 1 - California Health Services Corps › Article 2 - Eligibility › Section 40112 - Direct Assignment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The State may assign Corps personnel directly to rural
						  areas with an unmet need for medical services. The Department shall consider
						  requests for personnel from groups or agencies in such areas.
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 6 - Preventive Medical Services › Chapter 1 - California Health Services Corps › Article 2 - Eligibility › Section 40113 - Designation of Areas

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Geographical rural areas within California where unmet
						  priority need for health care services exists shall be designated by the Health
						  Manpower Policy Commission which shall publish criteria for designation within
						  all rural areas. Review and reconsideration of designated areas and publication
						  of results shall occur at least annually. The Health Manpower Policy Commission
						  shall make provisions for individual rural areas to petition for
						  designation.