1. (a) (Reserved)

2. (b) If a parent is in another state and the request for consent was not initiated by the agency, the consent shall be accepted when the following conditions are met:

   1. (1) The consent is notarized in accordance with Family Code Section 8814(c).

      1. (A) (Reserved)

   2. (2) The consent is properly completed on a form which contains the same content as the form prescribed by the Department in accordance with Family Code Section 8814(a).

      1. (A) (Reserved)

   3. (3) When the child is not subject to the Indian Child Welfare Act, the following consent documents shall be used for taking the out-of-state consent of:

      1. (A) A mother or presumed father not denying paternity: AD 1C.
      2. (B) A mother or presumed father not denying paternity and in the armed forces: AD 1F.
      3. (C) A presumed father denying paternity: AD 166.
      4. (D) An alleged father not denying paternity in the armed forces: AD 842.
      5. (E) An alleged father not denying paternity: AD 594.
      6. (F) An alleged father denying paternity: AD 588.
      7. (G) An alleged father waiving right to further notice: AD 590.

   4. (4) When the child is subject to the Indian Child Welfare Act, the following consent documents shall be used for taking the out-of-state consent of:

      1. (A) A mother or presumed father not denying paternity: AD 859.
      2. (B) A presumed father denying paternity: AD 860.
      3. (C) An alleged father not denying paternity: AD 861.

   5. (5) The parent has signed the Statement of Understanding form after having:

      1. (A) Affirmed his/ or her understanding of the consent process by reading and initialing each explanatory statement on the Statement of Understanding form.
   6. (6) The signature on the Statement of Understanding form has been notarized.
   7. (7) The Statement of Understanding for the parent whose child is not subject to the Indian Child Welfare Act (ICWA) is Section 35095.1 and the Statement of Understanding for the parent whose child is subject to the ICWA is Section 35095.2.

Note: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code and Section 8621, Family Code. Reference: Section 8814, Family Code; and 25 USC 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. New subsection (a)(3)-(a)(5) filed 3-9-90; operative 4-8-90 (Register 90, No. 13).

3. Change without regulatory effect amending section filed 8-2-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 52).

4. Amendment of subsections (b)(1)-(b)(2)(A), new subsections (b)(3)-(b)(4)(C), subsection renumbering, and amendment of newly designated subsection (b)(5)(A) and Note filed 12-29-94; operative 1-1-95 (Register 94, No. 52).

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