1. (a) The agency shall accept the parent's Statement of Understanding 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.

   2. (2) The agency shall obtain the parent's signature on the Statement of Understanding after he or she has:

      1. (A) Indicated his or her understanding of the relinquishment process by reading and initialing each explanatory statement on the Statement of Understanding form.
      2. (B) Indicated his or her preference regarding options for the filing of the relinquishment form.

   3. (3) The Statement of Understanding shall be signed:

      1. (A) In the presence of the agency representative and two witness if signed in California.

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

      2. (B) Pursuant to 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.
      3. (C) Pursuant to the provisions of Civil Code Section 1183, if signed outside of the United States,

   4. (4) The agency shall give the parent the option of waiting a maximum of 14 calendar days before signing the relinquishment document.

      1. (A) The agency shall complete a new Statement of Understanding if the maximum of 14 calendar days has elapsed and the parent desires to sign the relinquishment document.
   5. (5) After the agency representative signs the Statement of Understanding, the representative shall give the parent a copy of the signed form.

Note: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code; and Section 8621, Family Code. Reference: Section 1183, Civil Code; Section 8700, 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 subsection (a)(3)(B) and 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 subsections (a)(2)-(a)(2)(B), (a)(3)(B), (a)(3)(C) 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. New article 6 heading and Certificate of Compliance as to 11-24-98 order, including renumbering of former section 35151 to section 35149 and renumbering of former section 35149 to section 35151, transmitted to OAL 3-25-99 and filed 5-3-99 (Register 99, No. 19).

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