1. (a) The agency shall determine that the consenting parent has the ability to understand the nature, content and effect of signing a consent to adoption.

   1. (1) If the agency determines that the parent may not have the ability to understand the content, nature, and effect of signing a consent to adoption, the agency shall refer the parent to a licensed physician or to a licensed clinical psychologist for an evaluation of the parent's ability to so understand.

      1. (A) The agency shall accept the consent to adoption only after the evaluation establishes that the parent has the ability to understand the nature, content, and effect of signing a consent to adoption.

Note: Authority cited: Section 8621, Family Code; and Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections 8806 and 8807, 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. Amendment of subsections (a) and (a)(1) and Note filed 12-29-94; operative 1-1-95 (Register 94, No. 52).

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