1. (a) Prior to finalization of the adoption, the agency shall give the prospective adoptive parents a written medical report in accordance with Family Code Section 8817(c) and the information gathered pursuant to Section 35093, “Assessment of the Child.”

   1. (1) (Reserved)

   2. (2) The agency shall use the AD 512A when releasing information about the child's medical and family background.

      1. (A) The agency shall delete all identifying information prior to releasing the report.

   3. (3) The agency shall disclose to the prospective adoptive parents all available medical and family background information about the child and his or her birth parents.

      1. (A) The agency shall photocopy, except as provided in Sections 35094(a)(4)(C), (D) and (E), all available original source reports and evaluations obtained during the adoption investigation of the child and his or her birth parents' medical and family backgrounds.

         1. 1. The photocopies shall be attached to the AD 512A.
      2. (B) The agency shall delete the names and addresses of all individuals, including the child and the source, contained in all reports or evaluations, prior to releasing photocopies.

      3. (C) The agency shall not interpret or summarize medical terminology or any health condition indicated in the original source reports, except as noted in this section. Emphasis shall be placed on citing verbatim from any report or evaluation contained in the adoption record.

         1. 1. 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 child's current or future well-being, only summaries of original source reports shall be included on the AD 512A.

2. (i) (Reserved)

   1. (D) If a birth parent has received psychiatric or psychological evaluations, the diagnosis of his or her condition shall be given verbatim.

      1. 1. The agency shall not release the original report of the evaluation.

   2. (E) If a birth parent has received in-patient psychiatric treatment, information concerning his or her diagnosis, response to treatment and prognosis shall be given verbatim.

      1. 1. The agency shall not release the original report of the hospitalization.
   3. (F) All reports that are photocopied and given to the prospective adoptive parents shall be attached and listed on the AD 512A.
   4. (5) The agency shall advise the prospective adoptive parents that, upon receipt of the medical report, the prospective adoptive parents should consult their physician or mental health professional for further evaluation or interpretation, particularly if the report contains material sensitive in subject matter.
   5. (6) The agency shall document in the adoption case record and court report the name of any report, document, or information described in Section 35000(m)(2) that the agency was unable to obtain and the reason(s) that the information was not available.
   6. (7) The agency shall identify on the AD 512A the name of any report, document, or information described in Section 35000(m)(2) that was not obtained and the reason(s) that the information is not included.

   7. (8) The agency shall obtain the prospective adoptive parents' signatures in the space provided on the AD 512A acknowledging receipt.

      1. (A) The agency shall make a copy of the completed AD 512A with the prospective adoptive parents' signatures for the adoption case record.

3. (b) Prior to the finalization of the adoption, the agency shall transmit to the prospective adoptive parents any medical and family background information about the child and his or her birth parents received after the release of the medical report pursuant to Section 35094(a).

   1. (1) The agency shall transmit the information upon its receipt to the prospective adoptive parents.

      1. (A) The agency shall delete the names and addresses of all individuals, including the child and the source, prior to releasing the information.
      2. (B) The agency shall strive for full disclosure of all medical and family background information about the child and his or her birth parents.
      3. (C) The agency shall not interpret or summarize medical terminology or any health conditions indicated. Emphasis shall be placed on citing verbatim from any reports and evaluations received.

      4. (D) The agency shall advise the prospective adoptive parents that, upon receipt of the information, the prospective adoptive parents should consult their physician or mental health professional for further evaluation or interpretation, particularly if the information contains material sensitive in subject matter.

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

Note: Authority cited: Section 8621, Family Code; Sections 10553 and 10554, Welfare and Institutions Code; and Section 8608(a), Family Code. Reference: Section 8817(c), Family Code.

History

1. New section filed 3-10-93; operative 4-9-93 (Register 93, No. 11).

2. Amendment of subsection (a), new subsection designator (a)(1), subsection renumbering, new subsection designator (a)(3)(C)1.i. and amendment of Note filed 12-29-94; operative 1-1-95 (Register 94, No. 52).

3. Editorial correction of History 2 (Register 95, No. 13).