1. (a) (Reserved)

2. (b) After a relinquishment has been signed but not filed with the department, the agency shall treat a relinquishing parent's oral or written declaration that he or she wishes to revoke the relinquishment or to have the child returned as an expression of intent to revoke the relinquishment.

   1. (1) Filing includes the department's receipt and acknowledgment of a certified copy of the relinquishment form.

   2. (3) Upon receipt of such declaration, the agency shall:

      1. (A) Cease all adoptive planning for the child.

      2. (B) Give the parent the AD 4317 and advise him or her that:

         1. 1. The AD 4317 must be completed and returned to the agency by the date specified.
         2. 2. The AD 4317 must be returned to the agency within 14 days from the date the agency provides the revocation form.
         3. 3. The request for revocation shall be nullified if the form is not completed and returned to the agency by the specified date.

3. (c) After the completed AD 4317 has been returned to the agency, the agency shall mark “VOID” across the face of all copies of the relinquishment signed by the revoking parent.

   1. (1) The agency shall file the revoked relinquishment in the adoption case record.

Note: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code; Section 1530, Health and Safety Code; and Section 8621, Family Code. Reference: Section 8700, Family Code; and 25 U.S.C. 1901 et seq.

History

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

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 of former section 35153, new article 7 (sections 35153-35165), and renumbering and amendment of former section 35157 to section 35153 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 A Certificate of Compliance must be transmitted to OAL by 11-30-98 or emergency language will be repealed by operation of law on the following day.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. Editorial correction of History 4 (Register 98, No. 48).

6. Repealer of former section 35153, new article 7 (sections 35153-35165), and renumbering and amendment of former section 35157 to section 35153 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 new subsection (b)(1) and subsection renumbering, transmitted to OAL 3-25-99 and filed 5-3-99 (Register 99, No. 19).