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 35152.2 - Statement of Understanding for the Parent Whose Child is Subject to the ICWA

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  (Reserved)
(b) In addition to the
						  filing options described in Section
						  35141, the Statement of
						  Understanding shall contain statements which summarize the following:
(1) For a mother or a presumed father of the
						  child who is not detained, a juvenile court dependent in out-of-home care, or
						  the ward of a legal guardian and who is subject to the provisions of the ICWA:
(A) (Reserved)
(B) The parent has the right to seek legal
						  counsel to assist in the relinquishment process and the agency can refer the
						  parent to public legal assistance in the community.
(C) Because the child has been determined to
						  be an Indian child, the requirements of the ICWA will apply to the taking of
						  the relinquishment and the adoption of the child.
(D) The agency shall tell the parent its plan
						  for the adoption of the child.
(E)
						  The parent may talk about the plan to relinquish the child with other
						  professionals and with family and friends.
(F) Even if the presumed father states orally
						  or in writing he is not the parent of the child, he is a presumed father under
						  the law and he has legal rights and responsibilities with respect to the
						  child.
(G) Relinquishment means the
						  parent who relinquishes will no longer be the child's legal parent.
(H) The parent may obtain other services to
						  assist with finance, employment, education, housing, temporary child care, and
						  health matters if uncertain about relinquishing the child.
1. The agency will make a referral to the
						  appropriate resource.
(I)
						  The parent has considered the reasons for relinquishing or not relinquishing
						  the child and has decided relinquishing the child to the agency for adoption is
						  in the best interest of the child.
(J) A parent who relinquishes a child gives
						  up the care, custody and control of the child to the adoption agency.
1. If the parent signs a relinquishment
						  document that does not name the adopting parents, the parent gives up the right
						  to select adoptive parents and the adoption agency shall make the final
						  decision regarding who will adopt the child.
2. If the parent signs a relinquishment
						  document that names the adopting parents, the parent has the rights and
						  responsibilities specified in Subdivisions (f) and (g) of Family Code section
						  8700.
(K) The adopting parent or parents, the birth
						  relatives, including the birth parent or parents, an Indian tribe, and the
						  child who is 12 years of age or older may enter into a post-adoption contact
						  agreement to permit continuing contact between the birth parent or parents or
						  birth relatives or the Indian tribe, and the child if the court approves the
						  agreement.
(L) The parent who
						  chooses not to relinquish the child may arrange for the child's adoption by
						  independently choosing adoptive parents, placing the child with them, and
						  consenting to their adoption of the child.
(M) Relinquishment terminates the parent's
						  rights to the custody, services, and earnings of the child.
(N) Relinquishment terminates the parent's
						  responsibility for the care of the child.
(O) Adoption terminates any inheritance from
						  the parents or blood relatives to the child unless they make specific provision
						  for the child by will or by trust; the child legally inherits from his or her
						  adoptive family.
(P) The
						  relinquishment document shall be signed before a judge of the Superior Court in
						  California, or before a court of competent jurisdiction if signed outside the
						  state.
(Q) If the child is a
						  juvenile court dependent or the subject of a petition for juvenile court
						  jurisdiction, the agency is required to follow the notice requirements of
						  Family Code section
						  8700(i).
(R) The agency is required to give the parent
						  all known information about the status of the child's adoption including
						  whether the child has been placed for adoption, the approximate date the
						  adoption was completed and, if the adoption was not completed or was vacated
						  for any reason, whether adoptive placement of the child is again being
						  considered.
1. The parent must keep the agency
						  informed of his or her current whereabouts if he or she wants to know when the
						  child is placed in an adoptive home and when the child is legally
						  adopted.
(S) After the
						  child has been legally adopted the agency may not return the child to the
						  parent.
(T) The agency may not
						  release any identifying information about the parent unless:
1. The welfare of the child requires the
						  release of information to certain agencies as specified in law relating to the
						  adoption petition, or
2. The adult
						  adoptee and birth parent both sign written consents to arrange contact between
						  these persons in accordance with Family Code Section
						  9204,
						  or
3. The adoptee who has reached
						  the age of 21 has requested the identity of his or her birth parent and his or
						  her most current address as indicated in the agency's records if the birth
						  parent has indicated consent to the disclosure in writing in accordance with
						  Family Code Section
						  9203,
						  or
4. The birth parent of an
						  adopted person who has reached the age of 21 has requested the adopted name of
						  the adoptee and most current address as shown in the agency's records of the
						  adult adoptee has indicated consent to the disclosure in writing in accordance
						  with Family Code Section
						  9203,
						  or
5. The adoptive parent of an
						  adopted person under 21 years of age has requested the identity of the birth
						  parent and his or her most current address as shown in the agency's records if
						  there is a finding by the agency a necessity or other extraordinary
						  circumstance justifies the disclosure in accordance with Family Code Section
						  9203.
(U) Information regarding the adoption may be
						  released as follows:
1. The adopted child who
						  has reached age 18 may request and receive from the court which granted the
						  adoption information regarding the tribal affiliation of the birth parent and
						  any other information necessary to protect any rights the adopted child may
						  have with regard to his or her tribal relationship.
2. The court granting the adoption will
						  release to the Secretary of the Interior information concerning the adoption
						  and the child, the adoptive parents, the birth parents, and the agency having
						  information concerning the adoptive placement. The parent who desires anonymity
						  with the court. The ICWA requires the Secretary of the Interior to ensure
						  confidentiality will be maintained; however, tribes do not always maintain
						  confidentiality if they know of the adoption.
3. At the request of the adopted child over
						  age 18, the adoptive parents or the Indian tribe, the Secretary of the Interior
						  will release the information provided by the court to the extent necessary to
						  enroll the adopted person in the tribe or to determine any rights or benefits
						  associated with tribal membership. If the parent submitted an affidavit to the
						  court requesting anonymity, the Secretary will certify, where information
						  warrants, that the child is entitled to enrollment rather than release the
						  information.
4. Upon request of the
						  Bureau of Indian Affairs or an adopted child who has reached age 18, the
						  department will make a copy of all documents pertaining to the degree of Indian
						  blood and tribal enrollment available to the requestor.
(V) The law permits the court to release
						  identifying information from the court adoption file after considering the
						  reasons for the request.
(W) There
						  is a required order of placement preference as follows:
1. Someone from the child's extended
						  family,
2. Someone from the child's
						  tribe, or
3. Placement with another
						  Indian family.
(X) The
						  placement preference may be modified only by the tribe or the court.
1. The parent may request the court to modify
						  the order of placement preference.
(Y) The parent shall be permitted to revoke
						  or rescind the relinquishment during any holding period at any time before the
						  adoption is granted by the court.
(Z) Upon the request of a parent who gave
						  physical custody of the child to the agency to revoke or rescind his or her
						  relinquishment, the agency will return the child to his or her custody.
1. Under normal circumstances the child will
						  be given to the parent within three working days and in no case shall it
						  require more than seven calendar days.
a. If
						  there is a question about which parent has the right to the physical custody of
						  the child, the agency shall initiate court action to determine which parent has
						  a right to the physical custody of the child.
2. The rights and responsibilities as the
						  child's parent continue unless terminated by other legal action.
3. If the return of the child would place the
						  child in imminent danger of neglect, cruelty, depravity, or physical abuse, the
						  agency shall make an immediate referral to the county's children's protective
						  services agency.
a. The agency shall inform
						  the parent in writing that a referral has been made to the county's child
						  protective services agency.
(AA) The parent will be notified if any other
						  parent revokes or rescinds his or her relinquishment and of any court
						  proceedings resulting from the revocation or rescission.
1. The parent is responsible for keeping his
						  or her name and address current with the agency so notice can be
						  given.
(BB) If there is
						  court action to terminate parental rights, the agency shall notify the child's
						  tribe and the tribe may intervene in the proceedings.
(CC) The agency shall notify the parent if
						  the adoption petition is withdrawn, dismissed, or denied or if the adoption is
						  set aside.
1. The parent is responsible for
						  keeping his or her name and address current with the agency so notice can be
						  given.
(DD) Upon petition
						  of either parent or the child's tribe, court proceedings to terminate parental
						  rights will be transferred to the jurisdiction of the tribal court, provided:
1. The child's tribe has a court with
						  jurisdiction to hear child custody proceedings.
2. The California court finds no good cause
						  not to transfer the proceeding to the Indian tribe,
3. No other parent objects, and
4. The tribe does not decline the
						  transfer.
(EE) The agency
						  shall take the necessary steps to obtain a Certificate of Degree of Indian
						  Blood for the child, to enroll the child in his or her tribe or to register him
						  or her for any Bureau of Indian Affairs' benefits which he or she may be
						  eligible.
(FF) Within five years of
						  the granting of the adoption in court the parent shall have the right to
						  petition the court to set aside the adoption if the relinquishment is obtained
						  through fraud.
(GG) The parent may
						  petition the court to invalidate any action terminating parental rights if the
						  termination procedures did not comply with the ICWA.
(HH) The provisions of Section
						  35130 regarding two face-to-face
						  interviews, the dates the interviews were held and that a copy of the Statement
						  of Understanding and the Relinquishment Document were given to the
						  relinquishing parent at the first interview.
(II) The AD 899 is the Statement of
						  Understanding for a mother or a presumed father of the child who is not
						  detained, a juvenile court dependent in out-of-home care, or the ward of a
						  legal guardian, and who is subject to the provisions of the
						  ICWA.