1. (a) (Reserved)

2. (b) After a relinquishment has been filed with the department, the agency shall treat an oral or written declaration by the relinquishing parent, that he or she wishes to rescind the relinquishment or to have the child returned as a request for rescission.

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

   2. (3) Upon such oral or written declaration by the parent, the agency shall:

      1. (A) Cease all adoptive planning for the child until the agency reaches a decision regarding the request.
      2. (B) Give the parent the AD 508.
      3. (C) Advise the parent that he or she has 14 days from the date the agency provides the rescission form in which to give the agency a written request for rescission.
      4. (D) Specify the date by which the parent must complete and return the AD 508 to the agency.
      5. (E) Inform the parent that if the form is not completed and returned to the agency by the specified date, the request for rescission shall be nullified.

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 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. New subsections (c)-(c)(3)(B) filed 9-8-93; operative 10-7-93 (Register 93, No. 37).

4. Editorial correction repositioning subsections (c)-(c)(3)(B) (Register 94, No. 18).

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

6. Amendment of section heading and 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 A Certificate of Compliance must be transmitted to OAL by 11-30-98 or emergency language will be repealed by operation of law on the following day.

7. Amendment of section heading and 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 A Certificate of Compliance must be transmitted to OAL by 3-29-99 or emergency language will be repealed by operation of law on the following day.

8. 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).