1. (a) When a verifying official document is unavailable, the agency shall request the individual who would have submitted the official document to attempt to obtain a letter from the appropriate United States or foreign official stating that the document is not available and the reason it is not available.

2. (b) If a letter from the appropriate official is not received within 60 days of the individual's request, the agency shall request the individual's signed and notarized declaration specifying the:

   1. (1) Type of document not available.
   2. (2) Factual information contained on the document.
   3. (3) Measures taken to obtain a copy of the document and to obtain a letter from the appropriate United States or foreign official.

   4. (4) Certification that includes the following statement:

      1. (A) “I certify under penalty of perjury that the above stated information is a true and accurate accounting.”

3. (c) The agency shall include in the adoption case record:

   1. (1) Information about the unavailable official document.
   2. (2) The letter and declaration required by subsections (a) and (b) above, as appropriate.

4. (d) The agency shall include in the court report:

   1. (1) Information about the unavailable official document.
   2. (2) An explanation regarding the unavailability of the letter from the appropriate United States or foreign official.

Note: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code; Section 1530, Health and Safety Code; and Sections 8621 and 8901, Family Code. Reference: Sections 8700, 8715, 8806, 8807, 8808, 8814, 8819 and 8914, Family Code.

History

1. New article 1.1 and section filed 12-22-95 as an emergency; operative 12-22-95 (Register 95, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-20-96 or emergency language will be repealed by operation of law on the following day.

2. New article 1.1 (section 35044) and section repealed by operation of Government Code section 11346.1(g) (Register 96, No. 21).

3. New article 1.1 (section 35044) and section filed 5-24-96; operative 5-24-96 (Register 96, No. 21).

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 A Certificate of Compliance must be transmitted to OAL by 11-30-98 or emergency language will be repealed by operation of law on the following day.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).