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 1 - Agency Responsibility › Section 35087 - Documentation to Facilitate Assessment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The agency shall obtain the following
						  documentation for all petitioners to facilitate the assessment:
(1) Authorization for the release of medical
						  and employment information on the petitioner.
(2) Authorization for release of financial
						  information, if necessary.
(3)
						  Report of medical examination on the petitioner
(A) The medical report shall be signed by a
						  licensed physician or a nurse practitioner practicing under licensed
						  physician.
(B) The medical
						  examination required by this section shall have been conducted no earlier than
						  six months prior to the filing of the petition.
(C) The agency shall waive the medical report
						  when the petitioners are members of a religious sect, denomination, or
						  organization which, in accordance with its creeds or tenets, relies on faith
						  and prayer for healing.
(4) School report for all school age children
						  residing in the home of the petitioner.
(5) For each adult residing in the home of
						  the petitioner, a certificate that the individual is free from communicable
						  tuberculosis.
(6) At least three
						  letters of reference regarding the suitability of the petitioner as an adoptive
						  parent.
(A) The agency shall be permitted to
						  substitute face-to-face interviews with individuals providing references for
						  letters of reference.
(1) Interviews with
						  individuals providing references shall be documented in the adoption case
						  record.
(7) The
						  full state criminal record, if any, from the State Department of Justice (DOJ).
(A) (Reserved)
(B) The agency shall submit one set of
						  fingerprints for each petitioner to the DOJ.
1. The agency shall clearly indicate
						  "Adoption" on the request to inform the DOJ of the purpose of the criminal
						  record clearance.
(C) The
						  agency shall contract with the DOJ for the Subsequent Arrest Notification
						  Service in order to receive arrest information subsequent to the original DOJ
						  criminal record sent to the agency and pending the court order granting the
						  completion of the adoption.
(D) The
						  agency shall notify the DOJ (Pursuant to Penal Code Section
						  11105.2c) when
						  the adoption has been finalized, denied, or dismissed to discontinue receiving
						  subsequent arrest information on a subject previously fingerprinted for
						  adoption purposes, unless the petitioner is being assessed or investigated by
						  the agency for another adoption.
(E) The agency shall require new sets of
						  fingerprints and shall make new requests for state criminal records to the DOJ
						  in the event of subsequent adoptions unless the Subsequent Arrest Notification
						  Service is still in effect.
(8) The FBI criminal record, if any, of the
						  petitioner, from the DOJ when the petitioner has resided in California for less
						  than two years or when information gathered in the assessment has given the
						  agency reason to believe that the petitioner may have committed a crime in
						  another jurisdiction.
(A) The agency shall
						  have reason to believe that the person may have committed a crime in another
						  jurisdiction because of any of the following: statements or actions by the
						  petitioners; statements by people providing references: a history of arrests
						  and convictions in California; and employment in another state.
(B) The agency shall submit one set of
						  fingerprints for each petitioner requiring an FBI criminal record clearance to
						  the DOJ.
(C) The agency shall
						  require new sets of fingerprints and shall make new requests to the DOJ for the
						  FBI criminal record in the event of subsequent
						  adoptions.