1. (a) The agency shall provide a photocopy of the adoptee's medical report required by Family Code section 9202 and all documents related to the medical report upon the written request of an adoptee who has attained the age of 18, an adoptee under the age of 18 who presents a certified copy of their marriage certificate, or an adoptive parent of an adoptee under the age of 18.

   1. (1) The agency shall delete from the medical report and photocopies of the relevant documents the names and addresses of all individuals, including the adoptee and the source, prior to releasing photocopies of the report, unless the person requesting the report has previously received the information pursuant to Family Code section 9203.
   2. (2) The agency shall fully disclose all medical and family background information about the adoptee and their birth parent(s) that is in the possession of the agency, as permitted by this section.
   3. (3) The agency shall not interpret or summarize medical terminology or any health conditions indicated in the original source reports. Emphasis shall be placed on citing verbatim from any reports and evaluations contained in the adoption case record.
   4. (4) The agency shall advise the requester that, upon receipt of the medical report, the requester should consult his or her physician or mental health professional for further evaluation or interpretation, particularly if the report contains material sensitive in subject matter.
   5. (5) Attachments of original source reports may not be appropriate under certain, limited circumstances. When the identity of other persons, such as former caretakers and other children in the foster home, would be revealed or when the information is not directly related to the adoptee's current or future well-being, only summaries of original source reports shall be released to the requester.

2. (b) Subject to the conditions described in Sections 35051(a)(1) through (5), upon receipt, the agency shall transmit to the adult adoptee under the age of 18 who presents a certified copy of their marriage certificate, or the adoptive parent of an adoptee under the age of 18 medical information submitted by a birth parent after the release of the medical report pursuant to Section 35051(a).

   1. (1) The agency shall document in the adoption case record a description of the manner in which the medical information was released and the date on which the information was released.
   2. (2) The agency shall retain a copy of the medical information in the adoption case record.

Note: Authority cited: Sections 10553, 10554 and 10850(d), Welfare and Institutions Code; and Section 9202(a), Family Code. Reference: Sections 9202 and 9203, Family Code; and 25 U.S.C. 1901, et seq.

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 subsections (a) and (a)(2), repealer and new subsections (a)(3)-(a)(5), new subsections (a)(6)-(b)(2), and amendment of Note filed 3-10-93; operative 4-9-93 (Register 93, No. 11).

4. Amendment of subsections (a) and (a)(2) and Note filed 10-31-94 as an emergency; operative 11-1-94 (Register 94, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-1-95 or emergency language will be repealed by operation of law on the following day.

5. Certificate of Compliance as to 10-31-94 order transmitted to OAL 2-27-95 and filed 4-10-95 (Register 95, No. 15).

6. Amendment 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.)