(a)
(1) "AAP-Eligible Child" means a child who
meets the eligibility criteria defined in Welfare and Institutions Code Section
16120.
(2) "Acknowledgement" means notice from the
department of the filing of relinquishment(s) or Notice of Action in lieu of
relinquishment that a child is free for adoptive placement.
(3) "Adoption Abroad" means the adoption of a
foreign-born child by a United States citizen or a lawful permanent resident
alien of the United States completed in foreign courts under the laws of the
foreign country.
(4) "Adoption
Assistance Program (AAP)" means a program of financial and/or medical
assistance to facilitate the adoption of children who otherwise would remain in
long-term foster care.
(5)
"Adoption Facilitator" means a person or organization that is not licensed as
an adoption agency by the state of California and engages in either of the
following activities:
(A) Advertises for the
purpose of soliciting parties to an adoption, or locating children for an
adoption, or acting as an intermediary between the parties to an
adoption.
(B) Charges a fee or
other valuable consideration for services rendered relating to an
adoption.
(6) "Adoption
Facilitator Registry" means a list of adoption facilitators who have been
approved to provide services as an adoption facilitator by the Department. The
Adoption Facilitator Registry is located on the California Department of Social
Services website.
(7) "Adoption
Service Provider (ASP)" means a licensed private adoption agency or individual
ASP, as defined at Family Code section
8502.
(8) "Adoptive Parent," as used in these
regulations, means a person who has obtained an order of adoption of a minor
child.
(9) "Agency" means a
licensed California private adoption agency, county adoption agency or the
Department's Adoption Offices.
(10)
"Agency Adoption," as defined at Family Code section
8506, means
the adoption of a minor child, other than an intercountry or independent
adoption, where the Department, county adoption agency, or licensed adoption
agency is a party to, or joins in, the adoption petition.
(11) "Alleged Father" means an identified or
unidentified male who:
(A) could be, or
claims to be, the father of the child;
(B) does not meet the definition of a
presumed father; and
(C) has not
otherwise established paternity.
(12) "Applicant," as defined at Family Code
section
8509, means a
person who has submitted a written application to adopt a minor child through
the Department, county adoption agency, or licensed adoption agency and who is
being considered by the adoption agency for the adoptive placement of a
child.
(13) "Appropriate Public
Authority" means, for the purpose of the ICPC, the state's Interstate Compact
Administrator.
(b)
(1) "BIA" means the Bureau of Indian
Affairs.
(2) "Biological Father"
means the man who has established a genetic link to the child pursuant to
Chapter 2 of Part 2 of Division 12 of the Family Code or by another judicial
proceeding, including a judicial proceeding of another state.
(3) "Birth Parent" means birth parent as
defined at Family Code Section
8512.
(4) "Business License" means, for the
purposes of an Adoption Facilitator, a license obtained from the city or county
in which the Adoption Facilitator is doing business. The license must include
the Adoption Facilitator's name and/or business name, location, license number,
effective and expiration date, and business type.
(c)
(1)
"CACI," as defined at Penal Code section
11170, means
the California Child Abuse Central Index.
(2) "California Agency" means, for the
purpose of the Interstate Compact on the Placement of Children (ICPC), a CDSS
Adoptions Office or a licensed private adoption agency, or a county adoption
agency.
(3) "California Children's
Services (CCS)" means the program authorized by the California Department of
Health Care Services which provides diagnostic and treatment services, medical
case management, and physical and occupational therapy services to children
under the age of 21 with CCS-eligible medical conditions.
(4) "CDSS" means the California Department of
Social Services or department.
(5)
"California Preadoption Requirements-Adoption Abroad" means assessment of
applicant as required by subchapter 6, article 3, section
35257 et seq.
(6) "California Preadoption
Requirements-Adoption of a Foreign-Born Child in California" means:
(A) assessment of applicant as required by
subchapter 6, article 3, section
35257 et seq.
(B) assessment of the child as required by
subchapter 6, article 4, section
35275 et seq.
(C) obtain documentation from the foreign
agency that the child is legally free for adoption.
(D) determination that the child's needs can
be met by placement with the prospective adoptive parent, and
(E) availability of post-placement
supervision.
(7) "CDIB"
means Certificate of Degree of Indian Blood.
(8) "Concurrent Services Planning" means a
written child welfare services case plan which identifies the child's
permanency alternative and the services necessary to achieve it if the parents
fail to reunify with the child.
(9)
"Consent to Adoption" means the voluntary written agreement by the birth
parent(s) agreeing to the adoption of the child by a specified person or
persons.
(A) An Independent Adoption Placement
Agreement is a type of consent to adoption.
(10) "County" means the income maintenance
division in each county welfare department responsible for federal and state
eligibility determination and payment of AAP benefits.
(11) "County Adoption Agency," as defined at
Family Code section
8513, means an
adoption agency operated by a county or consortium of
counties.
(d)
(1) "Days," as defined at Family Code section
8514, means
calendar days unless otherwise specified.
(2) "Delegated County Adoption Agency" means
delegated county adoption agency as defined at Family Code Section
8515.
(A) (Reserved)
(3) "Department" means department as defined
at Family Code Section
8518.
(A) (Reserved)
(4) "Disruption in Placement" means the
termination of an adoptive placement prior to the issuance of a final decree of
adoption.
(5) "Diligent
recruitment" means to actively find and develop resources to recruit foster and
adoptive parents from every race, ethnicity, culture and national origin in
order to facilitate the matching of children to adoptive homes that will meet
the needs of the child.
(e) Reserved
(f)
(1)
"FBI Criminal Record" means the "FBI identification record" as specified in
title 28, Code of Federal Regulations (CFR) section
16.31.
(2) "Filing an Adoption Request" means the
submission of an adoption request to the Superior Court of a California county
and the clerk's acceptance and endorsement of the request.
(A) In the adoption of a nondependent minor,
the adoption request shall be filed pursuant to Family Code section
8609.5.
(B) In an agency adoption, where the child is
a dependent of the juvenile court, the adoption request may be filed pursuant
to Family Code section
8714(a)
either in the county where the petitioner resides or in the county where the
child was legally freed for adoption.
(C) In an independent adoption, where the
chid has been placed for adoption, a copy of the Independent Adoption Placement
Agreement shall be attached to the adoption request as required by Family Code
section
8802.
(3) "Filing of the Relinquishment Form" means
the department's receipt and acknowledgement of a certified copy of a
relinquishment form that has been signed, witnessed, and dated pursuant to
Articles 1 and 2 of Subchapter 5 of these regulations.
(4) "Final Decree of Adoption" means a court
order granting the completion of the adoption.
(5) "Fiscal Year" means the state fiscal
year. The state fiscal year begins July 1 and ends June 30 of the following
year.
(6) "Foreign Agency" means
the foreign government, organization, or agent authorized under the laws of the
foreign country to provide adoption services.
(7) "Foreign Guardianship" means care,
custody, control, and financial responsibility for the foreign-born child given
to a United States citizen or a lawful permanent resident alien of the United
States by the government of the child's native country.
(8) "Foster Family Agency" means any
organization engaged in the recruiting, certifying, and training of, and
providing professional support to, certified parent(s), or in finding homes for
placement of children for temporary or permanent care who require that level of
care as an alternative to a group home. Private foster family agencies shall be
organized and operated on a nonprofit basis.
(9) "Foster Family Home" means any
residential facility providing 24-hour care for six or fewer foster children
which is owned, leased, or rented and is the residence of the foster parent or
parents, including their family, in whose care the foster children have been
placed. The placement may be by a public or private child placement agency or
by a court order, or by voluntary placement by a parent, parents, or guardian.
A foster family home may also be authorized to provide care for more than six
children for the purposes of keeping siblings together provided that the
conditions of Health and Safety Code Section
1505.2
are met.
(10) "Freed for Adoptive
Placement" means eligibility of the child to be placed for adoption by any of
the following: relinquishment for adoption, consent to adoption, court order
for termination of parental rights, denial of paternity, or waiver of the right
to notice of any adoption proceedings.
(11) "Full-Service Adoption Agency" means
full-service adoption agency as defined at Family Code Section
8521.
(A) (Reserved)
(12) "Full State Criminal Record" means the
"State summary criminal history information" as specified in Penal Code section
11105(a)(2).
(A) (Reserved)
(g)
(1)
"Grievance" means a written complaint about any procedures, actions, or
determinations made by an agency before the filing of an adoption
petition.
(2) "Grievance Review
Agent" means a person or panel designated by the director of the agency to
conduct the grievance review and render a recommended decision to the director
of the agency.
(3) "Grievance
Review Hearing" means a session conducted by a grievance review agent which is
recorded and attended by the parties who submitted the written request for the
review, their authorized representatives, and any witnesses who intend to
testify.
(4) "Guardianship" means
the court appointment of a guardian for the person or estate of a child, or
both, as deemed necessary or convenient, pursuant to Probate Code Section
1500 et seq.,
or Welfare and Institutions Code Section
366.26.
(A) A guardian is a person who upon court
appointment has the legal authority and responsibility to care for a child. A
guardian may be a relative of the child.
(h) "Holding Period" means the time period
agreed to by the agency and the relinquishing parent between the signing of the
relinquishment for adoption and the receipt of a certified copy of the
relinquishment by the department.
(i)
(1)
"ICPC" means Interstate Compact on the Placement of Children.
(2) "ICWA" means Indian Child Welfare
Act.
(3) "Independent Adoption"
means independent adoption as defined at Family Code Section
8524.
(A) (Reserved)
(4) "Indian Child Welfare Act (ICWA)" means
the federal Indian Child Welfare Act of 1978 as codified at title 25, United
States Code, section
1901, et. seq.
(5) "Indian" means a person as defined at
section
1903(3) of the
ICWA.
(A) (Reserved)
(6) "Indian Child" means a child as defined
at section
1903(4) of the
ICWA.
(A) (Reserved)
(7) "Indian Child's Extended Family Member"
means extended family member as defined at section
1903(2) of the
ICWA.
(A) (Reserved)
(8) "Indian Child's Tribe" means the child's
tribe as defined at section
1903(5) of the
ICWA.
(A) (Reserved)
(9) "Indian Custodian" means an Indian person
as defined at section
1903(6) of the
ICWA.
(A) (Reserved)
(10) "Indian Tribal Court" means a court as
defined at section
1903(12) of the
ICWA.
(A) (Reserved)
(11) "Indian Tribe" means Indian tribe as
defined at section
1903(8) of the
ICWA.
(A) (Reserved)
(12) "Intercountry Adoption" means
intercountry adoption as defined at Family Code Section
8527.
(A) For the purposes of intercountry
adoption, "child" means a foreign-born, unmarried, unemancipated person under
the age of sixteen years.
(B)
Intercountry adoption includes two components:
1. Adoption in California, whereby the family
arranges for the foreign-born child to travel to California and completes the
adoption of the child under the laws of California's Intercountry Adoptions
Program.
a. The family may or may not have
obtained foreign guardianship of the child under the laws of the child's native
country.
(i) Only agencies licensed to provide
full-service adoption services under the Intercountry Adoptions Program may
assist families to complete this process.
2. Adoption Abroad, whereby the family
completes the adoption of the foreign-born child under the laws of the child's
native country before the child travels to California.
a. The family readopt the child in
California.
(i) Agencies licensed to provide full-service
adoption services or noncustodial adoption services under the Intercountry
Adoptions Program may assist families to complete this process.
(j) Reserved
(k) Reserved
(l)
(1)
"Legal Parent" means a birth parent, adoptive parent, presumed parent, or
biological parent.
(2) "Licensed
Adoption Agency," as defined at Family Code section
8530, means an
agency licensed by the Department to provide adoption services.
(3) "Live Scan" means technology that allows
digitally scanned fingerprints and related information to be submistted
electronically to the Department of Justice.
(m)
(1)
"Medical or Mental Health Professional" means a licensed physician or surgeon,
a licensed clinical psychologist, a licensed clinical social worker, a person
employed as a social worker by a county, or a licensed marriage, family, and
child counselor.
(2) "Medical
Report" means the completed AD 512, which specifies the information about the
child's medical and family background and any attached documents that are
provided to the prospective adoptive parent(s).
(A) The AD 512 and the documents attached to
the AD 512 shall contain the following information about the child and his or
her birth parents:
1. All known medical
background about the child's birth parents;
2. All known diagnostic information about the
child, including medical reports, psychological evaluations, if applicable, and
scholastic information, if he or she is age appropriate;
3. All known information about the child's
development prior to placement with the prospective adoptive parents and during
the time the child was seen by the adoption case worker while in the
prospective adoptive parents' home;
4. All known information about the child's
family life;
5. Copies of the
nonconfidential section (Part II) of the AD 67 and the AD 67A when completed by
the birth parent;
6. Medical
reports from the child's prenatal physician and the physician who delivered the
child, or from the hospital in which the child was born, if available;
and
7. Photocopies of all original
source reports on the child's and his or her birth parents' medical and family
backgrounds obtained during the agency's investigation of the child.
8. The written assessment of the child made
by the agency as required by Section
35127.1.
(n)
(1)
"Natural Parent" means natural parent as defined at Family Code section
7601.
(2) "Noncustodial Adoption Agency," as
defined at Family Code section
8533, means
any licensed entity engaged in the business of providing adoption
services.
(3) "Nonrecurring
Adoption Expenses" means reasonable and necessary adoption fees, court costs,
attorney fees and other expenses which are directly related to the legal
adoption of a child with special needs, which are not incurred in violation of
State or Federal law, and which have not been reimbursed from other sources or
other funds.
"Other expenses which are directly related to the legal
adoption of a child with special needs' means the costs of the adoption
incurred by or on behalf of the parents and for which parents carry the
ultimate liability for payment. Such costs may include the adoption study,
including health and psychological examinations, supervision of the placement
prior to adoption, transportation and the reasonable costs of lodging and food
for the child and/or the adoptive parents when necessary to complete the
placement or adoption process."
(o) Reserved
(p)
(1)
"Parent" means a birth parent or adoptive parent of a child.
(2) "Parent of an Indian Child" means a
parent as defined at section
1903(9) of the
ICWA.
(A) (Reserved)
(3) "Parties to Grievance Review" means the
applicant or prospective adoptive parent requesting the review and the
representative of the agency responsible for the action.
(4) "Party State" means, for the purpose of
the ICPC, a state or territory which is a member of the Interstate Compact on
the Placement of Children.
(5)
"Permanency Planning Family" means the home of a relative, a licensed foster
family home as defined in Health and Safety Code Section
1502(a)(5),
or a certified family home as defined in Health and Safety Code Section
1506(d)
willing to assist in implementation of the child's case plan by facilitating
family reunification while being prepared to provide the child with legal
permanence should family reunification fail.
(6) "Personal Knowledge," as described at
Family Code section
8801(b),
means substantially correct knowledge of information about the prospective
adoptive parent(s).
(A) Substantially correct
means accurate in the agency's judgment.
(7) "Petitioner" means a prospective adoptive
parent who has filed an Adopt 200 form with the superior court pursuant to
Family Code section
8802 for an
independent adoption, pursuant to Family Code section
8714 for an
agency adoption, or pursuant to Family Code sections
8911 and
8912 for an
intercountry adoption.
(8) "Place
for Adoption" means:
(A) For the purpose of
an agency adoption, the agency's placement of a child who has been freed for
adoption placement either by relinquishment to the agency or by the court
order.
(B) For the purpose of an
independent adoption, means placed for adoption as defined at Family Code
section
8539.
(9) "Placement" means, for the purpose of the
ICPC:
(A) In an agency adoption, the
arrangement for the care of a child in a family that has been studied and
approved for adoption.
(B) In an
independent adoption, the arrangement for the care of a child in a family that
has had a valid preplacement interview completed by a licensed adoption
agency.
(10)
"Post-adoption Contact Agreement" means a voluntary written agreement entered
into by the child's birth relatives, including the birth parent(s) or an Indian
tribe, and the adoptive parent(s) pursuant to Family Code section
8616.5 or
subdivision (f) of Section
8620.
(11) "Preplacement Evaluaton" means
preplacement evaluation as defined at Family Code section
8811.5.
(12) "Presumed Parent" means a person, as
defined at Family Code sections
7540,
7571,
7576, and
7611.
(A) (Reserved)
(13) "Prospective Adoptive Parent" means, as
defined at Family Code section
8542, a person
who has filed, or intends to file, an adoption petition to adopt a chld who has
been or who is to be placed in the person's physical care.
(q) Reserved
(r)
(1)
"Reassessment" means the process by which the agency and the adoptive parent
determine whether there are any changes in either the child's needs or the
adoptive parent's circumstances which affect duration of and/or amount of
adoption assistance payments.
(2)
"Receiving Agency in the Independent Adoptions Program" means, for the purpose
of the ICPC, the person(s) who is designated to receive a child from another
party state with the intention of filing a petition to adopt that
child.
(3) "Receiving Agency in the
Agency Adoptions Program" means, for the purpose of the ICPC, a licensed
adoption agency, county adoption agency, or CDSS Adoptions Office that is
designated to receive any child from another party state for the purpose of
adoption.
(4) "Relative" means an
adopting adult who is related to the child or the child's half-sibling by blood
or affinity, including all relatives whose status is preceded by the words
"step," "great," "great-great," or "grand" or the spouse of any of these
persons, even if the marriage was terminated by death or dissolution.
(5) "Relinquishment Form" means a
relinquishment document as described in Section
35145 and a Statement of
Understanding as described in Section
35152.1 or
35152.2.
(6) "Relinquishment of a Child" means the
action of a parent who signs a relinquishment form in which they surrender
custody, control and any responsibility for the care and support of the child
to the Department, county adoption agency or any licensed private adoption
agency pursuant to Family Code section
8700.
(7) "Rescission" means an action taken by
mutual agreement between the relinquishing parent and the agency which accepted
the relinquishment, to nullify the relinquishment after it has been
filed.
(8) "Resident of a County in
California" means a person who makes his or her home in a county in
California.
(9) "Responsible Public
Agency" means the department or licensed public adoption agency responsible for
determining Adoption Assistance Program eligibility and initial and subsequent
payment amounts as specified in Section
35325(c).
(10) "Revocation" means:
(A) In an agency adoption, an action taken by
the parent who has signed a relinquishment, to nullify the relinquishment
before it has been filed with the Department.
(B) In an independent adoption, the action
taken by the parent who has signed a Consent to Adoption to nullify said
consent.
(s)
(1) "Secretary" means Secretary of the
Interior as defined at title 25 United States Code, section
1903(11).
(2) "Sending Agency" means, for the purpose
of the ICPC and consistent with the regulation adopted under the ICPC, one of
the following:
(A) In an agency adoption, a
licensed adoption agency, county adoption agency, or CDSS Adoption Office that
sends, brings, or causes to be sent or brought any child to another party state
for the purpose of adoption.
(B) In
an independent adoption, the birth parent(s), individual or other entity
authorized by the laws of the sending state, who sends, brings, or causes to be
sent or brought any child to another party state for the purpose of
adoption.
(3) "Sending
State in the Independent Adoptions Program" means, for the purpose of the ICPC,
the state of residence of the sending agency placing a child for
adoption.
(4) "Set Aside" means the
legal process by which adoptive parents can secure the dismissal of the decree
of adoption.
(5) "Special Needs
Child" means special needs child as defined at Family Code Section
8545.
(6) "Statewide Lower Income" means the
California lower income as projected and adjusted for family size by the
California Department of Housing and Community Development.
(7) "Subsequent Arrest Notifications" means
the notification of subsequent state or federal arrests or dispositions
provided by the Department of Justice, pursuant to Penal Code section
11105.2.
(t)
(1)
"Tribal Customary Adoption" means an adoption of an Indian child who is a
dependent of a county court and, pursuant to Welfare and Institutions Code
section
366.24,
is finalized by and through the customs, laws or traditions of the child's
tribe. Termination of parental rights is not required to effectuate the
adoption.
(u)
(1) "USCIS" means the United States
Citizenship and Immigration Services within the United States Department of
Homeland Security.
(v)
(1) "Valid Preplacement Evaluation" means,
for the purpose of an independent adoption, a written assessment and evaluation
of the prospective adoptive parent(s), completed no more than one year prior to
the signing of the adoption placement agreement, certifying suitability to be
an adoptive parent consistent with regulation Sections
35087 through
35094.
(2) "Valid Private Agency Adoption Home
Study" means, for the purpose of an independent adoption, a home study approved
by a licensed private adoption agency that is less than two years old at the
time of filing a petition.
(3)
"Voluntary Declaration of Paternity" means voluntary declaration of paternity
as defined at Family Code section
7571.
(w) Reserved
(x) Reserved
(y) Reserved
(z) Reserved
Notes
Cal. Code Regs. Tit. 22, §
35000
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. Repealer of
subsection (mm) filed 12-1-88; operative 12-31-88 (Register 89, No.
1).
3. Amendment of subsection (bb) filed 3-7-89; operative 4-6-89
(Register 89, No. 11).
4. Amendment filed 7-28-89; operative 8-27-89
(Register 89, No. 31).
5. Editorial correction of subsection (s)(3)
originally filed 8-8-86; operative 9-7-86 as section
70-100(yy) of the
Manual of Policies and Procedures. Definition inadvertently omitted during
reformatting (Register 89, No. 38).
6. Amendment of subsection (f)
filed 12-15-89; operative 1-14-90 (Register 89, No. 51).
7.
Amendment of subsection (i) filed 12-28-89 as an emergency; operative 1-1-90
(Register 90, No. 3). A Certificate of Compliance must be transmitted to OAL
within 120 days or emergency language will be repealed on 5-1-90.
8.
New subsection (n)(1) filed 1-8-90 as an emergency; operative 1-8-90 (Register
90, No. 9). A Certificate of Compliance must be transmitted to OAL within 120
days by 5-8-90 or emergency language will be repealed on 5-9-90.
9.
Amendment of subsections (b) and (r) filed 3-9-90; operative 4-8-90 (Register
90, No. 13).
10. Certificate of Compliance as to 12-28-89 order
transmitted to OAL 4-27-90 and filed 5-25-90 (Register 90, No.
28).
11. Certificate of Compliance as to 1-8-90 order transmitted to
OAL on 5-4-90 and filed 6-4-90 (Register 90, No. 30).
12. Editorial
correction of printing error reinstating subsections (t), (u) and (v) (Register
91, No. 32).
13. Change without regulatory effect amending section
filed 8-2-91 pursuant to section
100, title 1, California Code of
Regulations (Register 91, No. 52)
14. New subsections (a)(2)-(a)(6)
and subsection renumbering, new subsection (m)(2), and amendment of NOTE filed
3-10-93; operative 4-9-93 (Register 93, No. 11).
15. Repealer of
subsections (a)(2)-(6) and subsection renumbering filed 9-8-93; operative
10-7-93 (Register 93, No. 37).
16. New subsection (a)(1) and
subsection renumbering, repealer of subsection (a)(3), amendment of subsection
(A)(4), correction of subsections (r)(2)-(3) numbering, new subsection (r)(4)
and subsection renumbering and new subsection (s)(5) filed 10-31-94; 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.
17. Amendment of section and NOTE filed 12-29-94;
operative 1-1-95 (Register 94, No. 52).
18. Editorial correction of
HISTORY 17 (Register 95, No. 13).
19. Certificate of Compliance as
to 10-31-94 order including amendment of subsection (a)(1) transmitted to OAL
2-27-95 and filed 4-10-95 (Register 95, No. 15).
20. Amendment of
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.
21. Amendment of 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.
22. Certificate
of Compliance as to 11-24-98 order, including amendment of subsection (f)(10),
transmitted to OAL 3-25-99 and filed 5-3-99 (Register 99, No.
19).
23. New subsection (r)(1), repealer of former subsection (r)(3)
and subsection renumbering filed 11-10-2011; operative 12-10-2011 (Register
2011, No. 45).
24. Change without regulatory effect adding
subsection (n)(1) and renumbering subsections filed 9-28-2017 pursuant to
section 100, title 1, California Code of
Regulations (Register 2017, No. 39).
25. New subsection (d)(5) and
amendment of NOTE filed 11-15-2018; operative 1-1-2019 (Register 2018, No.
46).
26. Repealer and reservation of subsection (k)(1), new
subsection (p)(11), repealer of subsection (r)(4) and subsection renumbering
filed 1-15-2019; operative 4-1-2019 (Register 2019, No. 3).
27.
Amendment of section and NOTE filed 1-13-2021; operative 4-1-2021 (Register
2021, No. 3). (Filing deadline specified in Government Code section
11349.3(a)
extended 60 calendar days pursuant to Executive Order
N-40-20.)
Note: Authority cited: Sections
10553,
10553.1,
10554
and
16118,
Welfare and Institutions Code; Section
1530,
Health and Safety Code; and Sections
8608,
8619,
8621 and
8901, Family
Code. Reference: Sections
366.26,
10800,
16000,
16100,
16115,
16118,
16119,
16120,
16120.1
and
16121,
Welfare and Institutions Code; Sections
6500,
7002,
7540,
7550,
7551,
7551.5,
7552,
7552.5,
7553,
7554,
7555,
7556,
7557,
7558,
7571,
7576,
7601,
7602,
7610,
7611,
7612,
7660,
7661,
7662,
7663,
7664,
7665,
7666,
7669,
7802,
7807,
7808,
7820,
7821,
7822,
7823,
7824,
7825,
7826,
7827,
7890,
7892,
7893,
8502,
8503,
8506,
8509,
8512,
8513,
8514,
8515,
8518,
8521,
8524,
8527,
8530,
8533,
8539,
8542,
8545,
8600,
8609.5,
8616.5,
8620(f),
8632.5,
8700,
8706,
8714,
8801(b),
8802,
8811,
8811.5,
8817,
8909,
8912 and
9202, Family
Code; Sections
1502,
1505.2,
1506(d),
123805,
123840
and
123845,
Health and Safety Code; Section
13290,
Government Code; 8 U.S.C.
1101(b)(1)(F);
25 U.S.C.
1901,
1903(2),
(3), (4), (5), (6), (8), (9), (11) and (12);
42 U.S.C.
673 and
675; Sections
11105(a)(2)(A),
11105.2 and
11170, Penal Code;
28 CFR Section
16.31; and
45 CFR
1356.41(i).
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. Repealer of subsection
(mm) filed 12-1-88; operative 12-31-88 (Register 89, No. 1).
3.
Amendment of subsection (bb) filed 3-7-89; operative 4-6-89 (Register 89, No.
11).
4. Amendment filed 7-28-89; operative 8-27-89 (Register 89,
No. 31).
5. Editorial correction of subsection (s)(3) originally
filed 8-8-86; operative 9-7-86 as section 70-100(yy) of the Manual of Policies
and Procedures. Definition inadvertently omitted during reformatting (Register
89, No. 38).
6. Amendment of subsection (f) filed 12-15-89;
operative 1-14-90 (Register 89, No. 51).
7. Amendment of subsection
(i) filed 12-28-89 as an emergency; operative 1-1-90 (Register 90, No. 3). A
Certificate of Compliance must be transmitted to OAL within 120 days or
emergency language will be repealed on 5-1-90.
8. New subsection
(n)(1) filed 1-8-90 as an emergency; operative 1-8-90 (Register 90, No. 9). A
Certificate of Compliance must be transmitted to OAL within 120 days by 5-8-90
or emergency language will be repealed on 5-9-90.
9. Amendment of
subsections (b) and (r) filed 3-9-90; operative 4-8-90 (Register 90, No.
13).
10. Certificate of Compliance as to 12-28-89 order transmitted
to OAL 4-27-90 and filed 5-25-90 (Register 90, No. 28).
11.
Certificate of Compliance as to 1-8-90 order transmitted to OAL on 5-4-90 and
filed 6-4-90 (Register 90, No. 30).
12. Editorial correction of
printing error reinstating subsections (t), (u) and (v) (Register 91, No.
32).
13. Change without regulatory effect amending section filed
8-2-91 pursuant to section 100, title 1, California Code of Regulations
(Register 91, No. 52)
14. New subsections (a)(2)-(a)(6) and
subsection renumbering, new subsection (m)(2), and amendment of Note filed
3-10-93; operative 4-9-93 (Register 93, No. 11).
15. Repealer of
subsections (a)(2)-(6) and subsection renumbering filed 9-8-93; operative
10-7-93 (Register 93, No. 37).
16. New subsection (a)(1) and
subsection renumbering, repealer of subsection (a)(3), amendment of subsection
(A)(4), correction of subsections (r)(2)-(3) numbering, new subsection (r)(4)
and subsection renumbering and new subsection (s)(5) filed 10-31-94; 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.
17. Amendment of section and Note filed
12-29-94; operative 1-1-95 (Register 94, No. 52).
18. Editorial
correction of History 17 (Register 95, No. 13).
19. Certificate of
Compliance as to 10-31-94 order including amendment of subsection (a)(1)
transmitted to OAL 2-27-95 and filed 4-10-95 (Register 95, No. 15).
20. Amendment of 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.
21. Amendment of 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.
22. Certificate of Compliance as to 11-24-98 order, including amendment of
subsection (f)(10), transmitted to OAL 3-25-99 and filed 5-3-99 (Register 99,
No. 19).
23. New subsection (r)(1), repealer of former subsection
(r)(3) and subsection renumbering filed 11-10-2011; operative 12-10-2011
(Register 2011, No. 45).
24. Change without regulatory effect adding
subsection (n)(1) and renumbering subsections filed 9-28-2017 pursuant to
section 100, title 1, California Code of Regulations (Register
2017, No. 39).
25. New subsection (d)(5) and amendment
of Note filed 11-15-2018; operative
1/1/2019
(Register
2018, No. 46).
26. Repealer and reservation of
subsection (k)(1), new subsection (p)(11), repealer of subsection (r)(4) and
subsection renumbering filed 1-15-2019; operative 4-1-2019 (Register 2019, No.
3).
27. Amendment of section and Note filed 1-13-2021; operative
4/1/2021
(Register
2021, No. 3). (Filing deadline specified in Government Code
section
11349.3(a)
extended 60 calendar days pursuant to Executive Order
N-40-20.)