1. (a) The agency shall require a written application for adoption before it conducts an assessment of the applicant.
2. (b) The agency shall provide information to the adoptive applicant as specified in Sections 35179 and 35179.1.

3. (c) The agency shall assess each applicant as specified in Sections 35181 or 35183.

   1. (2) If the anticipated waiting time before the agency begins an assessment is more than six months, the agency shall:

      1. (A) Provide the applicant with the names of the other agencies which provide assessment services in the county where the applicant resides; and
      2. (B) Inform the applicant of the availability of the federal income tax credit which may reimburse the family for all or part of the cost of an assessment by a licensed private adoption agency.
4. (d) The agency shall provide the applicant with written information that describes the Adoption Assistance Program.
5. (e) The agency shall have the authority to make a determination that the applicant shall not be approved for adoptive placement of a child at any point in the assessment process.

6. (f) The agency shall not approve an application for the adoptive placement of a child until all of the following requirements have been met:

   1. (1) The agency has completed the assessment process as specified in Section 35181 or Section 35183.
   2. (2) The agency, when it is a licensed private adoption agency, has received written notification from the CDSS that the information contained in an FBI criminal record of an applicant does not preclude an adoptive placement.

7. (g) The agency shall provide the applicant with written notification of its decision regarding the adoptive placement of a child with the applicant.

   1. (1) Written notification of the agency's decision that the application is approved shall include identification of age, race, gender and characteristics of children considered for placement.
   2. (2) Written notification of the agency's decision not to approve the applicant for adoptive placement, made at any point in the assessment process, shall include identification of the factors which led to the agency's decision.

8. (h) The agency shall inform the applicant in writing of the agency's grievance review procedure and the applicant's right to file a grievance with the agency within 30 days of receipt of the decision.

   1. (1) If the applicant files a grievance with the agency, the agency shall comply with the procedures set forth in Section 35215.
   2. (2) When a grievance concerns an action based on an FBI criminal record, the agency shall comply with the procedure set forth at Section 35215(a)(1)(D).

Note: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code; Section 1530, Health and Safety Code; and Section 8621, Family Code. Reference: Sections 8704 and 8712, Family Code; Section 11105.2, Penal Code; and Section 16119, Welfare and Institutions 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. Change without regulatory effect adding new subsection (a) designator and amending Note filed 3-27-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 13).

4. Repealer of article 5 heading and amendment of section heading, section and Note filed 7-30-98 as an emergency; operative 8-1-98 (Register 98, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-30-98 or emergency language will be repealed by operation of law on the following day.

5. Repealer of article 5 heading and amendment of section heading, section and Note refiled 11-24-98 as an emergency; operative 11-29-98 (Register 98, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-29-99 or emergency language will be repealed by operation of law on the following day.

6. New article 10 heading and Certificate of Compliance as to 11-24-98 order, including amendment of subsection (b), repealer of subsections (d)-(d)(3)(B), subsection relettering, and amendment of newly designated subsections (g)(1) and (g)(2), transmitted to OAL 3-25-99 and filed 5-3-99 (Register 99, No. 19).

7. New subsection (d), subsection relettering, and amendment of Note filed 11-30-2000 as an emergency; operative 12-1-2000 (Register 2001, No. 13). A Certificate of Compliance must be transmitted to OAL by 3-30-2001 or emergency language will be repealed by operation of law on the following day.

8. New subsection (d), subsection relettering, and amendment of Note refiled 3-30-2001 as an emergency; operative 3-31-2001 (Register 2001, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-30-2001 or emergency language will be repealed by operation of law on the following day.

9. Certificate of Compliance as to 3-31-2001 order transmitted to OAL 7-27-2001 and filed 9-6-2001 (Register 2001, No. 36).

10. Amendment of subsection (f)(2) and amendment of Note filed 1-15-2019; operative 4-1-2019 (Register 2019, No. 3).