1. (a) The agency shall accept the parent's relinquishment document as follows:

   1. (1) For parents of children who come within the provisions of the ICWA, additional requirements shall be followed in accordance with Subchapter 8, Articles 4 and 5.

      1. (A) (Reserved)
      2. (B) In requests for out-of-state relinquishments of Indian children, the agency shall include instructions to accept the relinquishment in accordance with the requirements of the ICWA.

   2. (2) The relinquishment document shall be signed:

      1. (A) After the Statement of Understanding has been signed pursuant to Section 35149.

      2. (B) In the presence of the agency representative and two witnesses if signed in California.

         1. 1. The witnesses shall be at least 18 years of age.

      3. (C) Pursuant to the provisions of Family Code section 8700 (c) and (d) if the parent is not physically present in California.

         1. 1. If the parent and child are not physically present in California, the relinquishment shall be signed in the presence of a representative of an agency licensed or approved to provide adoption services under the laws of the relinquishing parent's state of residence, if possible, or before a licensed social worker on a form prescribed by the department and previously signed by an authorized official of the agency.
         2. 2. If the child is in California but the parent is not physically present in California, the relinquishment may be signed before a notary on a form prescribed by the department, and previously signed by an authorized official by the agency.
         3. 3. The use of a reader or translator by the out-of-state agency should be verified by the out-of-state agency.
      4. (D) Pursuant to the provisions of Civil Code Section 1183, if signed outside of the United States.

   3. (3) At the time the relinquishment document for adoption is signed, the agency shall:

      1. (A) Request the parent to read and sign the AD 908 pursuant to Family Code Section 8702.
      2. (B) Advise the parent of the provisions of Family Code Section 8701.
      3. (C) Accept the relinquishment by signing the acknowledgment portion of the relinquishment document.
      4. (D) Give the parent a copy of the completed relinquishment document.

Note: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code; and Section 8621, Family Code. Reference: Section 1183, Civil Code; Sections 8700, 8701 and 8702, Family Code; and 25 U.S.C. Sections 1903(1) and 1913.

History

1. New section filed 3-9-90; operative 4-8-90 (Register 90, No. 13).

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

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

4. Amendment of section and Note 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. Amendment of section and Note 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 renumbering of former section 35149 to section 35151 and renumbering of former section 35151 to section 35149, transmitted to OAL 3-25-99 and filed 5-3-99 (Register 99, No. 19).

7. Repealer of subsection (a)(2)(C) and new subsections (a)(2)(C)-(a)(2)(C)3. filed 10-31-2022; operative 1-1-2023 (Register 2022, No. 44).