1. (a) If the parent signing the relinquishment, consent, or statement of understanding form cannot read English but does read their native language, the agency or adoption service provider shall:

   1. (1) Provide all relinquishment, consent, and statement of understanding forms written in the parent's native language.

      1. (A) The agency or adoption service provider (ASP) shall contact the Department's Forms Coordinator to obtain a copy of the appropriate forms translated into the parent's native language. If the forms are not available in the parent's native language, the Department will arrange for the translation of the forms.

2. (b) If the parent signing the relinquishment, consent, or statement of understanding form cannot read any language, the agency or adoption service provider shall:

   1. (1) Provide for the reading of all forms to the parent in a language understood by the parent.

      1. (A) If the parent does not understand English, the reading shall be from the forms translated by the Department pursuant to section 35003(a)(1)(A).
   2. (2) Permit the parent to provide an adult reader.

   3. (3) Provide the reader if the parent cannot provide the reader.

      1. (A) If the reader is an employee of the agency, they shall not be responsible for providing any adoption services to the relinquishing or consenting parent(s) or the prospective adoptive parent(s).
   4. (4) Record on audio or video tape the reading of the forms to the parent.
   5. (5) Obtain a statement, signed by the reader, attesting that the forms were accurately read.

Note: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code; Section 1530, Health and Safety Code; and Section 8621, Family Code. Reference: Sections 7660.5, 7663, 7667, 8700, 8700.5, 8702, 8801.3, 8801.5, 8806, 8808, 8814, 8814.5 and 8818, Family Code.

History

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. Change without regulatory effect amending Note filed 8-2-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 52).

3. Change without regulatory effect amending subsections (a)(2)(A)-(A)1. and Note filed 3-27-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 13).

4. Amendment 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.

5. Amendment 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.

6. Certificate of Compliance as to 11-24-98 order transmitted to OAL 3-25-99 and filed 5-3-99 (Register 99, No. 19).

7. Amendment of section heading, 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.)