1. (a) (Reserved)

2. (b) When the agency recommends denial or dismissal of the adoption petition, the agency shall submit a report to the court recommending denial of the petition.

   1. (1) If the petitioners wish to have the child remain in the home of the petitioners, the agency shall:

      1. (A) Refer the petitioners to the appropriate agency for foster care licensure as required by Health and Safety Code section 1500 et seq.
      2. (B) Discuss with the petitioners and the birth parents the possibility and desirability of securing legal guardianship of the child.
   2. (2) If the agency believes that return of the child to the parent would place the child in danger of cruelty, neglect, abuse, or depravity, the agency shall make a referral to the county child welfare unit as required by Penal Code section 11166.

   3. (3) In cases in which the agency recommends that the child be committed to the agency, the agency shall recommend to the court a plan for committing the child to the agency.

      1. (A) The agency shall develop a plan and report to the court as soon as it is determined that commitment to the agency will be recommended.
      2. (B) The agency's responsibility for the child shall be the same as for any other child accepted for assessment and adoptive planning.
      3. (C) Temporary and permanent plans developed by the agency shall require prior approval by the department.
      4. (D) Commitment of the child to the agency shall continue until the court terminates the commitment order.
      5. (E) (Reserved)

Note: Authority cited: Section 8621, Family Code; and Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections 8804, 8805, 8815 and 8918, Family Code; Section 1500, Health and Safety Code; Section 11166, Penal 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. Renumbering of former section 35127 to section 35126 filed 12-28-89 as an emergency; operative 1-1-90 (Register 90, No. 3). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 5-1-90.

3. Certificate of Compliance as to 12-28-89 order transmitted to OAL 4-27-90 and filed 5-25-90 (Register 90, No. 28).

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

5. Amendment adding new subsection (b)(3)(E) designator and amendment of Note filed 12-29-94; operative 1-1-95 (Register 94, No. 52).

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