1. (a) Before submitting a report to the court, the agency shall provide written information about the availability of Adoption Assistance Program (AAP) benefits to the prospective adoptive parents.

2. (b) The agency shall file a report to the court in all cases where the agency has signed an adoptive placement agreement and the prospective adoptive parents have filed and adoption petition.

   1. (1) The report to the court shall be submitted as soon as all requirements are completed but no later than either 180 days after the adoption petition has been filed or the time extended by the court.
   2. (2) If two or more agencies are participating in a cooperative placement, the prospective adoptive family's agency shall be responsible for preparing the report to the court unless the agencies mutually agree otherwise.
3. (c) The agency shall give the petitioners or their attorney a copy of the court report at the time it is filed.

4. (d) The report to the court shall include, to the extent available, the following information:

   1. (1) Medical and family background information about the birth parents as required by Section 35195(a).
   2. (2) Information obtained in the Assessment of the Child as required by Section 35127.1.
   3. (3) Information obtained in the Assessment of the Applicant as required by Section 35180.

   4. (4) Conclusions drawn from an assessment of whether the petitioner's record of criminal or violent behavior, if any, will affect his or her ability to provide appropriate parenting and a stable and safe home environment for the child.

      1. (A) The agency shall utilize the most current criminal record information in its preparation of the court report.
      2. (B) A licensed private adoption agency which has placed a child with an applicant requiring an FBI criminal record assessment by the CDSS shall provide written notice to the CDSS at least twenty working days prior to the anticipated adoption petition hearing date that the agency is preparing to finalize an adoption, and request the CDSS assessment of the FBI criminal record, if any, be submitted to the court prior to the hearing date.

   5. (5) If a written agreement, pursuant to Family Code Section 8616.5, has been negotiated by the birth relatives, a statement of whether the post-adoption contact agreement as written is in the best interest of the child.

      1. (A) A statement recommending approval or disapproval of the post-adoption contact agreement shall be included.
   6. (6) A copy of the documentation that the child is legally free for finalization of the adoption.
   7. (7) A recommendation that the petition be either granted or denied.
   8. (8) A copy of the AD 824 properly executed.

   9. (9) A copy of the VS 44 properly completed.

      1. (C) The agency shall ensure that the prospective adoptive parents complete the applicable section and sign the form.
      2. (D) The agency shall complete the sections which pertain to the birth parents after the prospective adoptive parents have completed their section.
      3. (E) In the event of the death of one of the prospective adoptive parents before finalization of the adoption, the agency shall inform the survivor of the provisions of Family Code Section 8615.
   10. (10) The agency shall state in the court report whether the birth certificate contains false information.
   11. (11) A statement verifying that the agency provided written information about the AAP to the prospective adoptive parents.

5. (e) The agency shall not include the names and addresses of the birth parents in the court report, unless:

   1. (1) The child is being adopted by a relative and the adopting relative or the child, who is 12 years of age or older, requests that the court report include:

      1. (A) The name of the birth parents.
      2. (B) The name the child had before the adoption.

Note: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code; Section 1530, Health and Safety Code; and Section 8621, Family Code. Reference: Sections 8614, 8615, 8616, 8616.5, 8617, 8618, 8712, 8714.5 and 8715, Family Code; Sections 102635, 102640, 102645, 102650, 102660, 102670, 102675, 102680, 102695 and 102700, Health and Safety Code; Section 16119, Welfare and Institutions Code; and California Rules of the Court, rule 5.451.

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. Amendment of newly designated subsection (a), new subsections (a)(1)-(b)(1)(D)2., and amendment of Note filed 3-10-93; operative 4-9-93 (Register 93, No. 11).

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

5. Renumbering of former section 35211 to portion of section 35195 and renumbering and amendment of former section 35229 to section 35211 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. Renumbering of former section 35211 to portion of section 35195 and renumbering and amendment of former section 35229 to section 35211 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. Certificate of Compliance as to 11-24-98 order, including amendment of subsection (c)(9)(E), transmitted to OAL 3-25-99 and filed 5-3-99 (Register 99, No. 19).

8. New subsection (a), subsection relettering, new subsection (d)(11) 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.

9. New subsection (a), subsection relettering, new subsection (d)(11) 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.

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

11. Amendment of subsections (d)(4)(B)-(d)(5)(A) and (e)(1) and amendment of Note filed 1-15-2019; operative 4-1-2019 (Register 2019, No. 3).