Cal. Code Regs. tit. 22, § 35167 – Authority for Rescission.

(a) (Reserved)
(b) A relinquishment which has been filed with the department shall be rescinded only as specified at Family Code section 8700.
1. (1) Filing includes the department's receipt and acknowledgment of a certified copy of the relinquishment form.
(c) If the agency decides not to place the child for adoption with the person or persons named in the relinquishment document, the agency shall notify the relinquishing parent who named the person or persons that the placement will not be made and that he or she has the right to rescind the relinquishment and reclaim the child as provided in Family Code section 8700(g) and (h).

Note: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code; Section 1530, Health and Safety Code; and Section 8621, Family Code. Reference: Section 361, Welfare and Institutions Code; Section 8700, Family Code; and 25 U.S.C. 1901 et seq.

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

4. New article 8 (sections 35167-35179) and amendment of section 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 A Certificate of Compliance must be transmitted to OAL by 11-30-98 or emergency language will be repealed by operation of law on the following day.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. New article 8 (sections 35167-35179) and amendment of section 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 A Certificate of Compliance must be transmitted to OAL by 3-29-99 or emergency language will be repealed by operation of law on the following day.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 article 8 to article 9 and new subsection (b)(1), transmitted to OAL 3-25-99 and filed 5-3-99 (Register 99, No. 19).

7. Amendment of subsections (b) and (c) filed 10-31-2022; operative 1-1-2023 (Register 2022, No. 44).