1. (a) After the prospective adoptive parents have filed the petition to adopt the child, the agency shall immediately file the court report when any of the following conditions exist:

   1. (1) There is a serious question concerning the suitability of the prospective adoptive parents.

   2. (2) There is a serious question concerning the care provided to the child.

      1. (A) If the agency knows or reasonably suspects the prospective adoptive parents have endangered the physical or mental health of a child by abuse or neglect, the agency shall immediately contact the appropriate child protective agency and file the mandatory “Suspected Child Abuse Report” (Form SS 8572 Revised 1/93) pursuant to Penal Code Section 11166(a).
   3. (3) The prospective adoptive parents have indicated a desire to withdraw the adoption petition.
   4. (4) A petition for the adoption of a child for whom the agency has care, custody, and control pursuant to Family Code Section 8704(a) is filed by persons with whom the agency has not signed an adoptive placement agreement.

2. (b) The agency shall include in the court report, as appropriate, the following:

   1. (1) The basis for its concerns regarding the suitability of the prospective adoptive parents or the care provided the child.
   2. (2) A request to the court for direction regarding the situation giving rise to the agency's concern.
   3. (3) A recommendation that the adoption petition be denied.
   4. (4) A recommendation that the adoption petition be withdrawn according to the prospective adoptive parent's wishes.
   5. (5) A request that the adoption petition be dismissed if it was filed by persons with whom the agency has not signed an adoptive placement agreement.
3. (c) If the agency recommends that the adoption petition be denied or withdrawn, it shall appear at the hearing to represent the child.

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, 8715, 8719 and 8720, Family Code; and Sections 11165, 11165.1, 11165.2, 11165.3, 11165.4, 11165.6, 11165.7 and 11166, Penal 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 amending Note filed 3-27-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 13).

4. Repealer and new section 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 and new section 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. Certificate of Compliance as to 11-24-98 order, including amendment of subsection (a)(2)(A) and amendment of Note, transmitted to OAL 3-25-99 and filed 5-3-99 (Register 99, No. 19).