California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 4 - Institutions and Boarding Homes for Persons Aged 16 and Above › Chapter 3 - Adoptions Program Regulations [Renumbered] › Subchapter 4 - Procedures for Independent Adoptions › Article 3 - Prerequisites to Consent › Section 35095.1 - Statement of Understanding for the Parent Whose Child is Not Subject to the ICWA

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  (Reserved)
(b) The Statement of
						  Understanding shall contain statements which summarize the following:
(1) For the parent who gave physical custody
						  of the child to the adoptive parents but who did not place the child for
						  independent adoption:
(A) The parent wants to
						  give his child permanently to the petitioners for adoption.
(B) The parent has chosen the petitioners to
						  be adoptive parents based on the parent's personal knowledge pursuant to Family
						  Code Section
						  8801.
1. (Reserved)
(C) The parent has the right to seek legal
						  counsel to assist in the Independent Adoption process, and the petitioners may
						  be required to pay the cost, up to $500, of such legal counsel, unless a higher
						  fee is agreed to by the parties.
(D) The parent may talk about the plan to
						  place the child for adoption with other professionals and with family and
						  friends.
(E) The parent knows there
						  are other services to assist with finance, employment, education, housing,
						  temporary child care and health matters if uncertain about consenting to the
						  adoption.
1. The agency will make a referral
						  to the appropriate resource.
(F) If the parent does not wish to consent to
						  the adoption, the parent may sign a AD 20 or write a letter to the adoption
						  agency and the adoption agency will report to the court that the parent does
						  not want the child adopted by the petitioners.
(G) If the parent does not sign the consent
						  to adoption, the parent may request that the child be returned. If the
						  petitioners do not return the child, the parent may ask the court for the
						  return of the child. The parent will probably need legal help to do
						  so.
(H) The consent will
						  automatically become an irrevocable consent to adoption on the 91st day after
						  it is signed or when the parent signs a waiver of the right to revoke consent,
						  whichever occurs first.
1. If the parent
						  changes his or her mind after signing the consent to adoption and wishes to
						  revoke the consent to adoption, the parent must sign and deliver to the
						  department or delegated county adoption agency a written statement revoking the
						  consent and requesting that the child be returned. Such action may not be taken
						  after the 90th day after signing the consent or after signing a waiver of the
						  right to revoke consent, whichever occurs first.
2. When the consent becomes irrevocable,
						  custody of the child may be regained by the birth parent only if the
						  prospective adoptive parents agree to withdraw their petition for adoption or
						  the court denies the petition.
(I) The parent remains legally responsible
						  for the child until the adoption is granted by the court. The agency will
						  notify the parent if the child is not adopted by the petitioners to determine
						  the parent's further plans for the child. The parent must keep the agency
						  informed of his or her address.
(J)
						  The parent has received enough information about the petitioners and about the
						  child's adjustment in the petitioners' family and wishes to proceed with
						  signing the consent to adoption.
(K) After the court grants the adoption, the
						  parent will not longer be the child's legal parent, which means:
1. The parent will no longer be responsible
						  for the care of the child.
2. The
						  petitioners will be the legal parents of the child and will be legally
						  responsible for caring for the child.
3. The parent will no longer have any right
						  to the custody, services or earnings of the child.
(L) The agency is required to give the parent
						  all known information about the status of the child's adoption including 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.
(M) 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.
(N) After the
						  child has been legally adopted, the parent cannot reclaim the child.
(O) The agency cannot 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
(i) (Reserved)
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 if 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.
(i) (Reserved)
(P) The parent will be able, at any time, to
						  add information about him or herself to the agency's adoption record.
(Q) The law permits the court to release
						  identifying information from the court adoption file after considering the
						  reasons for the request.
(R) 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 of the consent is
						  obtained through fraud or duress.
(S) The parent has considered the reasons for
						  consenting to or not consenting to the adoption of the child and has decided
						  that to consent to adoption of the child by the petitioners is in the best
						  interest of the child.
(T) The
						  Statement of Understanding for the parent who gave physical custody of the
						  child not subject to the provisions of the ICWA but who did not place the child
						  for adoption as provided by Sections
						  35094.2 and
						  35094.3 is the AD
						  887.