Cal. Code Regs. tit. 22, § 35049 – Releasing Information from an Adoption Case Record.

(a) Refer to Subchapter 8 for additional procedures for the child subject to the provision of the ICWA.
(b) An adoption case record is confidential.
1. (1) An adoption case record is established when:
  1. (A) An agency accepts the signed relinquishment for an adoptive placement of a child from a relinquishing parent or when a Court orders termination of parental rights and refers the child for adoption planning.
  2. (B) An agency accepts the completed and signed adoption application from a prospective adoptive parent or parents.
  3. (C) An agency receives a filed and endorsed petition for an independent adoption, and, if required, an attached signed adoption placement agreement.
  4. (D) An agency receives any documentation submitted to the agency to facilitate the adoption of a child.
(c) An agency shall release information from an adoption case record as follows:
1. (1) To the individual to whom the information pertains pursuant to Civil Code section 1798.24(a);
  1. (A) Upon written request, the agency shall provide the requestor copies of materials they submitted to the agency or documents they signed during the adoption proceedings.
  2. (B) No agency shall include or disclose the identity of the adoptee's birth parent or birth parents in information provided under Civil Code section 1798.24(a).
2. (2) To an adopted person pursuant to Civil Code section 1798.24(q).
  1. (A) The release of such information shall be limited to general background information pertaining to the adopted person's natural parents, provided that the information does not include or reveal the identity of the natural parents.
3. (3) To the child or grandchild of an adopted person pursuant to Civil Code section 1798.24(r).
  1. (A) The release of such information shall be limited to medically necessary information pertaining to the adopted person's natural parents. The information, or the process for obtaining the information, shall not include or reveal the identity of the natural parents.
4. (4) A copy of the medical report to the adopted person or the adoptive parent pursuant to Family Code section 9202.
5. (5) To the juvenile court for the purpose of completing a preliminary assessment of the child's adoptability pursuant to Welfare and Institutions Code sections 361.56(g), 366.21(l), 366.22(c) and 366.25(b).
(d) If adoption records are subpoenaed, the agency should refer the matter to its legal counsel.

Note: Authority cited: Section 1798.24, Civil Code; Section 8621, Family Code; and Sections 10553, 10554 and 10850(d), Welfare and Institutions Code. Reference: Sections 361.5(g), 366.21(i), 366.22(c), 366.25(b) and 10850(d), Welfare and Institutions Code; Sections 9200, 9202 and 9204, Family Code; Sections 1798.24(a), 1798.24(q) and 1798.24(r), Civil Code; 25 USC 1901, et seq.; and Sections 102625 and 102705, Health and Safety 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 section filed 8-2-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 52).

3. Amendment of subsection (b)(4) and Note filed 3-10-93; operative 4-9-93 (Register 93, No. 11).

4. Amendment of section and Note filed 12-29-94; operative 1-1-95 (Register 94, No. 52).

5. Editorial correction of History 4 (Register 95, No. 13).

6. Amendment of section heading, 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.

7. Amendment of section heading, 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.

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

9. 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.)