Cal. Code Regs. Tit. 22, § 35087 - Documentation to Facilitate Assessment
(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.
Notes
2. Amendment of subsection (a) and new subsections (a)(7), (a)(7)(B)-(a)(7)(E), (a)(8) and (a)(8)(A)-(a)(8)(C) filed 7-28-89; operative 8-27-89 (Register 89, No. 31).
3. Amendment of subsections (a)(2)-(a)(6) filed 3-9-90; operative 4-8-90 (Register 90, No. 13).
4. Change without regulatory effect amending NOTE filed 8-2-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 52).
5. Amendment of subsections (a)(1) and (a)(7)(B) and NOTE filed 12-29-94; operative 1-1-95 (Register 94, No. 52).
6. Editorial correction of HISTORY 5 (Register 95, No. 13).
Note: Authority cited: Section 8621, Family Code; Sections 10553 and 10554, Welfare and Institutions Code; and Section 1530, Health and Safety Code. Reference: Sections 8806, 8807, 8808 and 8811, Family Code.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.