1. (a) Upon written request from an applicant or a prospective adoptive parent, the agency shall provide for a grievance review hearing on any action taken by the agency before a petition for adoption is filed.

   1. (1) The agency shall advise applicants or prospective adoptive parents that the request for a grievance review hearing shall:

      1. (A) Be signed by the applicant or prospective adoptive parent or his or her authorized representative.
      2. (B) State specifically the facts surrounding the action complained of.
      3. (C) Be submitted to the agency within thirty days of the agency action which is the subject of the complaint, except as specified in (D) below.
      4. (D) Be submitted to the CDSS if the grievance concerns an action taken by a licensed private adoption agency based on the FBI criminal record.

   2. (2) No request for a grievance review hearing shall be granted if the request for a grievance review hearing is based solely on any of the following:

      1. (A) Any action of the agency in compliance with a court order.
      2. (B) A question regarding the validity of a statute or a regulation.
      3. (C) Any issue for which a state hearing is available under Welfare and Institutions Code Section 10950.

Note: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code; Section 1530, Health and Safety Code; and Section 8621, Family Code. Reference: Section 8712, 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) filed 12-1-88; operative 12-31-88 (Register 89, No. 1).

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 Note filed 3-27-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 13).

5. Repealer 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 A Certificate of Compliance must be transmitted to OAL by 11-30-98 or emergency language will be repealed by operation of law on the following day.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 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 A Certificate of Compliance must be transmitted to OAL by 3-29-99 or emergency language will be repealed by operation of law on the following day.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. Repealer of article 8 heading, new article 14 and Certificate of Compliance as to 11-24-98 order, including renumbering of former section 35233 to section 35215, transmitted to OAL 3-25-99 and filed 5-3-99 (Register 99, No. 19).

8. Amendment of subsection (a)(1)(D) filed 1-15-2019; operative 4-1-2019 (Register 2019, No. 3).