Cal. Code Regs. tit. 22, § 35155 – Procedures for Return of the Child to the Parent Who Gave Physical Custody When the Child is Neither Detained Nor a Juvenile Court Dependent in Out-of-Home Care.

(a) The agency shall return the child who is neither detained nor a juvenile court dependent in out-of-home care to the relinquishing parent who gave physical custody of the child to the agency within a period not to exceed seven working days following receipt of the parent's completed revocation form.
1. (1) The time and place for return of the child shall be mutually agreed upon by the agency and the parent.
2. (2) The agency shall obtain a signed statement from the revoking parent that physical custody of the child has been returned to him or her.
3. (3) At the time of the child's return to the revoking parent, the agency shall inform the parent of available public and community resources.
(b) If the parent not having physical custody of the child has also relinquished the child, that parent shall be notified immediately that the child is being returned to the revoking parent.
(c) If the agency knows or reasonably suspects the 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).

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 Sections 11165, 11165.1, 11165.3, 11165.4, 11165.6 and 11165.7, Penal Code.

History

1. New section filed 3-9-90; operative 3-8-90 (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 35155 and renumbering and amendment of former section 35159 to section 35155 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 A Certificate of Compliance must be transmitted to OAL by 11-30-98 or emergency language will be repealed by operation of law on the following day.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 of former section 35155 and renumbering and amendment of former section 35159 to section 35155 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 (c), transmitted to OAL 3-25-99 and filed 5-3-99 (Register 99, No. 19).