1. (a) Before or at the time of the child's adoptive placement the agency, using form AD 512, as specified by Section 35000(m)(2), shall give a written medical report about the child to the prospective adoptive parents in accordance with Family Code Section 8706. The agency shall obtain a written statement from the prospective adoptive parents acknowledging receipt of the report.

   1. (2) The agency shall document the following information on the AD 512:

      1. (A) The name of any report, document, or information provided to the prospective adoptive parents.

         1. 1. The information provided to the prospective adoptive parents shall include a copy of the written assessment of the child as defined in Section 35127.
         2. 2. The information provided to the prospective adoptive parents shall include all recommendations or comments made by the agency to the prospective adoptive parents about the child or his or her family background.
      2. (B) 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 was not available.

   2. (3) The agency shall attach the medical report documents to the AD 512 and complete the following procedures:

      1. (A) Photocopy, except as provided in Section 35195(a)(4), 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 listed on the attached to the AD 512.

      2. (B) Delete the names and addresses of all individuals, including former caretakers, the child, and the source, contained in all reports or evaluations, before releasing the AD 512 and the attached documentation, unless any of the following conditions exist:

         1. 1. The child is a relative of the prospective adoptive parents.
         2. 2. The child has been placed in the home of the prospective adoptive parents as a foster child under the supervision of an agency.
         3. 3. Before the finalization of the adoption, the court has ordered identifying information be provided to the prospective adoptive parents.
      3. (C) When the identity of other persons, such as other children in a former foster home, would be revealed or when the information is not directly related to the child's current or future well-being, include only summaries of original source reports on the AD 512.

   3. (4) When providing information for the medical report, 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 according to the following procedures:

      1. (A) 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. (B) 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.
   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 and/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 the manner in which the information was released and the date on which the information was released.
   6. (7) 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.

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

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

2. (b) Before the finalization of the adoption, the agency shall give 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 35195(a).

   1. (1) The agency shall give the information upon its receipt to the prospective adoptive parents in the same manner described in Section 35195(a).

Note: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code; Section 1530, Health and Safety Code; and Sections 8608 and 8621, Family Code. Reference: Section 8706, 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. Amendment of subsection (a) and new subsections (a)(7), (a)(7)(B)-(a)(7)(E), (a)(8) and (a)(8)(A)-(a)(8)(D) filed 7-28-89; operative 8-27-89 (Register 89, No. 31).

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

4. Change without regulatory effect amending subsections (a)(1)-(3), (a)(4)-(6), (a)(7) and Note filed 3-27-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 13).

5. Repealer of former section 35195 and renumbering and amendment of former sections 35209 and 35211 to section 35195 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.

6. Repealer of former section 35195 and renumbering and amendment of former sections 35209 and 35211 to section 35195 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.

7. New article 12 heading and Certificate of Compliance as to 11-24-98 order transmitted to OAL 3-25-99 and filed 5-3-99 (Register 99, No. 19).