1. (a) (Reserved)

2. (b) At the time of the adoptive placement, an adoptive placement agreement shall be signed by the agency representative and each prospective adoptive parent.

   1. (1) The placement agreement shall include, but not be limited to, statements regarding:

      1. (A) The rights and responsibilities of the agency and the prospective adoptive parents.

         1. 1. The child's legal status, including court dependency and any terms and/or conditions of the adoptive placement of a child not yet freed for adoption.
      2. (B) The agency's responsibility to retain custody of the child and to supervise the adoptive placement until the granting of the final decree of adoption in accordance with Family Code Section 8704 and Welfare and Institutions Code Section 366.26(i).
      3. (C) The agency's responsibility to provide the prospective adoptive parents with a report on the child's medical background.
      4. (D) The availability of AAP to remove or reduce economic barriers to the placement of certain children who otherwise would remain in long-term foster care.
      5. (E) The existence of or due to family history, the potential for any physical, mental, emotional, or medical handicap or condition of the child which may manifest itself after completion of the adoption.
      6. (F) The availability of California Children's Services and the fact that assistance under this program will terminate if the adoptive family moves out of California and that the adoptive family may be eligible for a similar program in the other state.
      7. (G) The agency's grievance review procedure.
      8. (H) The prospective adoptive parent's responsibility to place the child under the care of a licensed physician for the routine health care of the child.
      9. (I) The prospective adoptive parent's responsibility to inform the agency of any serious injury to or illness of the child and to obtain prior written consent for all nonemergency surgical and medical treatment of the child.
      10. (J) The prospective adoptive parent's responsibility to inform the agency regarding any changes in the composition of the adoptive family or the family's place of residence.
      11. (K) The agency's authority to terminate the adoptive placement and to remove the child from the home of the prospective adoptive parents at the agency's discretion unless a petition for adoption has been filed.
      12. (L) The agency's agreement to give seven days written notice to the prospective adoptive parents of its intention to terminate the adoptive placement and remove the child unless the agency believes the child to be in imminent danger in which case no prior notice shall be required.
      13. (M) The prospective adoptive parent's right to terminate the adoptive placement and return the child to the agency at any time prior to the granting of a final decree of adoption.
      14. (N) The provisions of Family Code Section 8713 and Penal Code Section 280 regarding concealment of a child.
      15. (O) The disbursement report required by Family Code Section 8610.

Note: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code; and Section 1530, Health and Safety Code;. Reference: Sections 8610, 8704 and 8713, Family Code; 25 U.S.C. 1901 et seq.; and Sections 16118 and 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. Renumbering of former subsections (a)(1) and (a)(2) to subsections (a)(2) and (a)(3) and new subsection (a)(1) filed 7-28-89; operative 8-27-89 (Register 89, No. 31).

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. Change without regulatory effect amending subsection (b)(2) and Note filed 3-27-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 13).

5. Amendment of section heading, subsections (b)(1)-(3), subsection renumbering and amendment of Note filed 12-22-95 as an emergency; operative 12-22-95 (Register 95, No. 51). A Certificate of Compliance must be transmitted to OAL by 4-20-96 or emergency language will be repealed by operation of law on the following day.

6. Reinstatement of section heading, subsections (b)(1)-(3), subsection renumbering and amendment of Note as they existed prior to emergency amendment of 12-22-95 by operation of Government Code section 11346.1(f) (Register 96, No. 21).

7. Amendment of section heading, subsections (b)(1)-(3), subsection renumbering and Note filed 5-24-96; operative 5-24-96 (Register 96, No. 21).

8. Repealer of former section 35201 and renumbering and amendment of former section 35207 to section 35201 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.

9. Editorial correction restoring inadvertently omitted subsections (b)-(b)(1)(O) (Register 98, No. 37).

10. Repealer of former section 35201 and renumbering and amendment of former section 35207 to section 35201 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.

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