Cal. Code Regs. Tit. 22, § 35152.1 - Statement of Understanding for the Parent Whose Child is Not Subject to the ICWA
(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 legal guardian:
(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) The agency shall
tell the parent its plan for the adoption of the child.
(D) The parent may talk about the plan to
relinquish the child with other professionals and with family and
friends.
(E) 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.
(F)
Relinquishment means the parent who relinquishes will no longer be the child's
legal parent.
(G) 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.
(H) 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.
(I) 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), (g) and (h) of Family Code
section
8700.
(J) The adopting parent or parents, the birth
relatives, including the birth parent or parents, 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 and
the child if the court approves the agreement.
(K) 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.
(L) Relinquishment
terminates the parent's rights to the custody, services, and earnings of the
child.
(M) Relinquishment
terminates the parent's responsibility for the care of the child.
(N) 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.
(O) The parent may
revoke the signed relinquishment during any holding period and before it is
filed by the department and 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.
2. The rights and responsibilities as the
child's parent continue unless terminated by other legal action.
3. If 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 a referral has been made to the county's child protective
services agency.
(P) A relinquishment shall be final when it
is filed and acknowledged by the department and, except when the adopting
parent is named on the relinquishment document and the adoption is not
completed as described in Section
35152.1(b)(1)(I)2.,
may be rescinded only if the agency agrees.
1. If the decision is to not rescind, the
agency shall inform the parent in writing of the reasons for its
decision.
2. If the decision is to
rescind, the rights and responsibilities as the child's parent continue unless
terminated by other legal action.
a. 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.
(Q) A
relinquishing birth parent may elect to sign a waiver (AD 929A) of the right to
revoke the relinquishment in accordance with Family Code section
8700.5.
1. The waiver may be signed in the presence
of any of the following:
a. A representative
of the department, delegated county authority or public adoption agency of
another state after the completion of an interview. If the waiver is signed in
front of the department, the relinquishment shall become final and
irrevocable.
b. A judicial officer
of a court of record of any state if the birth parent is represented by
independent counsel. The judicial officer must interview and witness the
signing of the waiver. Once the waver is signed by the judicial officer, the
relinquishment becomes final and irrevocable.
c. An authorized representative of a licensed
adoption agency within or outside of the state if the interview is conducted by
the independent legal counsel for the birth parent. Once signed, the
relinquishment shall become final and irrevocable at the close of the next
business day after the relinquishment was signed, or at the close of the next
business day after the expiration of any holding period specified in writing;
whichever is later. The interview conducted by the independent council must
include the following:
i. Review the waiver
with the birth parent and counsel the birth parent about the nature of the
intended waiver.
ii. Sign and
deliver to the birth parent and licensed adoption agency a certificate as
specified in
8700.5(b)(3)
stating:
"I, (name of attorney), have counseled my client, (name of client), about the nature and legal effect of the waiver of the right to revoke the relinquishment for adoption. I am so disassociated from the interest of the prospective adoptive parent(s) and the licensed adoption agency as to be in a position to advise my client impartially and confidentially as to the consequences of the waiver. My client is aware that California law provides an indeterminate period, usually 2 to 10 business days, during which a birth parent may revoke a relinquishment for adoption. On the basis of this counsel, I conclude that it is the intent of my client to waive the right to revoke, and to make a permanent and irrevocable relinquishment for adoption. My client understands that upon signing this waiver, my client will not be able to regain custody of the child unless the prospective adoptive parent or parents agree to withdraw the petition for adoption or the court denies the adoption petition."
2. The licensed adoption agency shall submit
the waiver and certificate to the department with the relinquishment, unless
the relinquishment was already submitted to the department prior to the waiver,
in which case the waiver and certificate shall be submitted to the department
no later than two business days after the signing.
3. A waiver executed pursuant to Family Code
section
8700.5 shall
be void if any of the following occur:
a. The
relinquishment is determined to be invalid.
b. The relinquishment is revoked during any
holding period specified in writing.
c. The relinquishment is rescinded pursuant
to Family Code section
8700.
(R) 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).
(S) 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.
(T) After the
child has been legally adopted, the agency may not return the child to the
parent.
(U) 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 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.
(V) The law permits the court to release
identifying information from the court adoption file after considering the
reasons for the request.
(W) 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.
(X) 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.
(Y) The AD 885 is the Statement of
Understanding for a mother or 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 not subject to the provisions of the ICWA.
(2) For an alleged father of the child who is
not detained, a juvenile court dependent in out-of-home care, or the ward of a
legal guardian:
(A) (Reserved)
(B) He has the right to seek legal counsel to
assist him in the relinquishment process and the agency can refer him to public
legal assistance in the community.
(C) He has been told why he is considered to
be the alleged natural father of the child and he can deny paternity, waive his
rights to further notice of the adoption proceedings, sign a relinquishment, or
file a petition to establish the father and child relationship.
(D) The agency shall tell him its plan for
the adoption of the child.
(E) He
may talk about the plan to relinquish the child with other professionals and
with family and friends.
(F)
Relinquishment means the parent who relinquishes will no longer be the child's
legal parent.
(G) He 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.
(H) When he relinquishes
a child, he gives up the care, custody, and control of the child to the
adoption agency.
1. If he signs a
relinquishment document that does not name the adopting parents, he 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 he signs a relinquishment document that
names the adopting parents, he has the rights and responsibilities specified in
Subdivisions (f), (g), and (h) of Family Code section
8700.
(I) The adopting parent or parents, the birth
relatives, including the birth parent or parents, 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 and
the child if the court approves the agreement.
(J) The relinquishment terminates his rights
to the custody, services, and earnings of the child.
(K) Relinquishment terminates his
responsibility for the care of the child.
(L) Adoption terminates any inheritance from
the parents or blood relatives of 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.
(M) If he does not
relinquish the child to the adoption agency, the agency may petition the court
to terminate his parental rights.
1. He has
the right to seek legal counsel to assist him and the agency can refer him to
public legal assistance in the community.
(N) He may revoke the signed relinquishment
during any holding period and before it is filed by the department.
1. The rights and responsibilities as the
child's alleged natural father continue unless terminated by other legal
action.
(O) A
relinquishment shall be final when it is filed and acknowledged by the
department and, except when the adopting parent is named on the relinquishment
document and the adoption is not completed as described in Section
35152.1(b)(2)(H)(2).,
may be rescinded only if the agency agrees.
1. If the decision is to not rescind, the
agency shall inform him in writing of the reasons for its decision.
2. If the decision is to rescind, he will
have to establish the father and child relationship in court if he wishes to
parent the child.
(P) A
relinquishing birth parent may elect to sign a waiver (AD 929A) of the right to
revoke the relinquishment in accordance with Family Code section
8700.5.
(Q) If the child is a dependent of the
juvenile court 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 him 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. He must keep the agency informed of his
current whereabouts if he 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.
(T) The agency may not release any
identifying information about him 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 he both sign written
consents to arrange contact between them 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 if the
adult adoptee has indicated consent to the disclosure in writing in accordance
with Family Code Section
9203,
or
5. The adoptive parents 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) The law permits the court to release
identifying information from the court adoption file after considering the
reasons for the request.
(V) 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.
(W) 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.
(X) He may take court action to establish the
father and child relationship and request the right to physical custody of the
child.
1. He has the right to seek legal
counsel to assist in establishing the father and child relationship and in
obtaining the right to physical custody of the child and the adoption agency
can refer him to public legal assistance in the community.
(Y) If he is successful in establishing the
father and child relationship and obtaining the right to physical custody of
the child, he may obtain other services to assist with finance, employment,
education, housing, temporary child care, and health matters.
1. The agency will make a referral to the
appropriate resource.
(Z)
If he establishes the father and child relationship in court and obtains the
right to physical custody of the child and chooses not to relinquish the child
to the agency he may arrange for the child's adoption independently by choosing
adoptive parents, placing the child with them and consenting to their adoption
of the child.
(AA) If he has
established the father and child relationship and has been granted the right to
physical custody of the child in court, the agency shall give him the child
pursuant to the court order.
1. Under normal
circumstances the child will be given to him within three working days and in
no case shall it require more than seven calendar days.
2. If the return of the child will 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.
a. The agency shall inform the
parent in writing that a referral has been made to the county's child
protective services agency.
(BB) The AD 885C is the Statement of
Understanding for an alleged natural 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 not subject to the provisions of the ICWA.
(3) For a mother or a presumed father of the
child who is detained, a juvenile court dependent in out-of-home care, or the
ward of a legal guardian:
(A)
(Reserved)
(B) The parent has the
right to seek legal counsel to assist in the relinquishment process from the
attorney representing him or her in the dependency case.
(C) The agency shall tell the parent its plan
for the adoption of the child.
(D)
The parent may talk about the plan to relinquish the child with other
professionals and with family and friends.
(E) 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.
(F) Relinquishment means the
parent who relinquishes will no longer be the child's legal parent.
(G) 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.
(H) 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), (g), and (h) of Family Code
section
8700.
(I) The adopting parent or parents, the birth
relatives, including the birth parent or parents, 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 and
the child if the court approves the agreement.
(J) Relinquishment terminates the parent's
rights to the custody, services, and earnings of the child.
(K) Relinquishment terminates the parent's
responsibility for the care of the child.
(L) 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.
(M) The parent may
revoke the signed relinquishment during any holding period and before it is
filed by the department.
1. The rights and
responsibilities as the child's parent continue unless terminated by other
legal action.
2. The child will
remain a juvenile court dependent and any terms and/or conditions which result
from the child's status as a juvenile court dependent remain in effect.
a. The agency shall immediately notify the
county welfare department.
(N) A relinquishment shall be final when it
is filed and acknowledged by the department and, except when the adopting
parent is named on the relinquishment document and the adoption is not
completed as described in Section
35152.1(b)(3)(H)2.,
may be rescinded only if the agency agrees.
1.
If the decision is to not rescind, the agency shall inform the parent in
writing of the reasons for its decision.
2. If the decision is to rescind, the child
will remain a juvenile court dependent and any terms and/or conditions which
result from the child's status as a juvenile court dependent remain in effect.
a. The agency shall immediately notify the
county welfare department.
(O) A relinquishing birth parent may elect to
sign a waiver (AD 929A) of the right to revoke the relinquishment in accordance
with Family Code section
8700.5.
(P) The agency is required to follow the
notice requirements of Family Code section
8700(i).
(Q) 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.
(R) After the
child has been legally adopted, the agency may not return the child to the
parent.
(S) 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 any
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/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 identify 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.
(T) The law permits the court to release
identifying information from the court adoption file after considering the
reasons for the request.
(U) 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.
(V) 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.
(W) If the parent does not want his or her
child to be adopted or needs more information about the child's status or
available child welfare services, he or she should not sign the relinquishment
document but should consult the child welfare services social worker and his or
her attorney regarding steps to take to regain custody of the child.
1. If the parent is successful in regaining
custody of the child, the parent may obtain other services to assist with
finance, employment, education, housing, temporary child care, and health
matters.
2. A parent who has
regained custody of a child who is a dependent of the court may, after
regaining custody, voluntarily place the child for an agency or an independent
adoption.
(X) If the child
is living with a legal guardian and the parent does not have an attorney
appointed by the juvenile court, the adoption agency shall refer the parent to
public assistance in the community.
(Y) If the child is living with a legal
guardian and the child does not have a child welfare services social worker,
the adoption agency shall refer the parent to community services which may
assist him or her with financial, employment, educational, housing, temporary
child care and health care needs.
(Z) The AD 885A is the Statement of
Understanding for a mother or presumed father of the child who is detained, a
juvenile court dependent in out-of-home care, or the ward of a legal guardian
and who is not subject to the provisions of the ICWA.
(4) For an alleged father of the child who is
detained, a juvenile court dependent in out-of-home care, or the ward of a
legal guardian:
(B) He has the right to seek
legal counsel to assist him in the relinquishment process.
1. If he has a court appointed attorney
representing him in the juvenile court proceedings, that attorney may be able
to assist him in the relinquishment process.
2. If he does not have attorney
representation, the agency can refer him to public legal assistance in the
community.
(C) He has
been told why he is considered to be the alleged natural father of the child
and that he can deny paternity, waive his rights to further notice of the
adoption proceedings, sign a relinquishment, or file a petition in the juvenile
court to establish the father and child relationship.
(D) The agency shall tell him its plan for
the adoption of the child.
(E) He
may talk about the plan to relinquish the child with other professionals and
with family and friends.
(F)
Relinquishment means the parent who relinquishes will no longer be the child's
legal parent.
(G) He 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.
(H) When he relinquishes
a child, he gives up the care, custody, and control of the child to the
adoption agency.
1. If he signs a
relinquishment document that does not name the adopting parents, he 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 he signs a relinquishment document that
names the adopting parents, he has the rights and responsibilities specified in
Subdivisions (f), (g), and (h) of Family Code section
8700.
(I) The adopting parent or parents, the birth
relatives, including the birth parent or parents, 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 and
the child if the court approves the agreement.
(J) Relinquishment terminates his rights to
the custody, services, and earnings of the child.
(K) Relinquishment terminates his
responsibility for the care of the child.
(L) Adoption terminates any inheritance from
the parents or blood relatives of the child unless they make specific provision
for the child by will or by trust; the child legally inherits from his adoptive
family.
(M) If he does not
relinquish the child to the adoption agency, the juvenile court may terminate
his parental rights.
1. He has the right to
seek legal counsel to assist him and the agency can refer him to public legal
assistance in the community.
(N) He may revoke the signed relinquishment
during any holding period and before it is filed by the department.
1. The rights and responsibilities as the
child's alleged natural father continue unless terminated by other legal
action.
2. The child will remain a
juvenile court dependent and any terms and/or conditions which result from the
child's status as a juvenile court dependent remain in effect.
a. The agency shall immediately notify the
county welfare department.
(O) A relinquishment shall be final when it
is filed and acknowledged by the department and, except when the adopting
parent is named on the relinquishment document and the adoption is not
completed as described in Section
35152.1(b)(4)(H)2.,
may be rescinded only if the agency agrees.
1.
If the decision is not to rescind, the agency shall inform him in writing of
the reasons for its decision.
2. If
the decision is to rescind, he will have to establish the father and child
relationship in juvenile court if he wishes to parent the child.
a. The agency shall immediately notify the
county welfare department.
(P) A relinquishing birth parent may elect to
sign a waiver (AD 929A) of the right to revoke the relinquishment in accordance
with Family Code section
8700.5.
(Q) The agency is required to follow the
notice requirements of Family Code section
8700(i).
(R) The agency is required to give him 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. He must keep the agency informed of his
current whereabouts if he 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.
(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 any
adoption petition, or
2. The adult
adoptee and he both sign written consents to arrange contact between them 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 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.
(U) The law permits the court to release
identifying information from the court adoption file after considering the
reasons for the request.
(V) 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.
(W) 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.
(X) If he does not want his child to be
adopted or needs more information about the child's status or available child
welfare services, he or she should not sign the relinquishment document but
should consult the child welfare services social worker and his attorney
regarding steps to take to regain custody of the child.
1. If he is successful in gaining custody of
the child, the parent may obtain other services to assist with finance,
employment, education, housing, temporary child care, and health
matters.
2. A parent who has gained
custody of a child who is a dependent of the court may, after gaining custody,
voluntarily place the child for an agency or an independent adoption.
3. If the child is living with a legal
guardian and the child does not have a child welfare services social worker,
the adoption agency can refer the parent to community services which may assist
him or her with finance, employment, education, housing, temporary child care
and health care needs.
(Y) The AD 885D is the Statement of
Understanding for an alleged natural 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 not subject to the provisions of the
ICWA.
Notes
2. New article 5 (sections 35152.1 and 35152.2) and renumbering and amendment of former section 35147 to new section 35152.1 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.
3. Repealer of article 5 heading and Certificate of Compliance as to 11-24-98 order transmitted to OAL 3-25-99 and filed 5-3-99 (Register 99, No. 19).
4. Amendment of subsection (b)(1)(J), repealer of subsections (b)(1)(J)1.-2., amendment of subsections (b)(2) and (b)(2)(I), repealer of subsections (b)(2)(I)(1)-(2), amendment of subsections (b)(3)(I), repealer of subsections (b)(3)(I)1.-2., amendment of subsections (b)(4) and (b)(4)(I), repealer of subsections (b)(4)(I)(1)-(2) and amendment of NOTE filed 1-15-2019; operative 4-1-2019 (Register 2019, No. 3).
5. Amendment of section and NOTE filed 10-31-2022; operative 1-1-2023 (Register 2022, No. 44).
Note: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code; and Sections 8621 and 9202, Family Code. Reference: Sections 3010, 7500, 7501, 7601, 7602, 7610, 7611, 7612, 7630, 7631, 7632, 7633, 7634, 7660, 7661, 7662, 7663, 7664, 7665, 8600, 8601, 8604, 8605, 8606, 8607, 8608, 8616, 8616.5, 8617, 8618, 8700, 8701, 8702, 8703, 8704, 8706, 8707, 8708, 8709, 9201, 9202, 9203, 9204, 9205 and 9206, Family Code; and Sections 1798.24(r) and 1798.24(s), Civil Code; and Sections 316.2 and 16507.5, Welfare and Institutions Code.
2. New article 5 (sections 35152.1 and 35152.2) and renumbering and amendment of former section 35147 to new section 35152.1 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.
3. Repealer of article 5 heading and Certificate of Compliance as to 11-24-98 order transmitted to OAL 3-25-99 and filed 5-3-99 (Register 99, No. 19).
4. Amendment of subsection (b)(1)(J), repealer of subsections (b)(1)(J)1.-2., amendment of subsections (b)(2) and (b)(2)(I), repealer of subsecitons (b)(2)(I)(1)-(2), amendment of subsections (b)(3)(I), repealer of subsections (b)(3)(I)1.-2., amendment of subsections (b)(4) and (b)(4)(I), repealer of subsections (b)(4)(I)(1)-(2) and amendment of Note filed 1-15-2019; operative 4-1-2019 (Register 2019, No. 3).
5. Amendment of subsections (b)(1)(J)2., (b)(1)(Q), (b)(1)(Q)2., (b)(2)(I)2., (b)(2)(Q), (b)(3)(I)2., (b)(3)(O) and Note filed 10-31-2022; operative
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