Cal. Code Regs. tit. 22, § 35315
Content of the Court Report.
Effective Apr 1, 2019Register 2019, No. 3Authority cited: Sections 10553 and 10554, Welfare and Institutions Code; Section 1530, Health and Safety Code; and Sections 8608, 8621 and 8901, Family Code. Reference: Sections 8608, 8616.5, 8900, 8902, 8904, 8908, 8909, 8914 and 8915, Family Code.State of California
(a) The report shall include:
- (1) A full report of the Background Information on the Birth Parents as required by Subchapter 6, Article 5, Section 35289 et seq.
- (2) A full report of the information obtained in the Assessment of the Child as required by Subchapter 6, Article 4, Section 35275 et seq.
(3) A full report of the information obtained in the Assessment of the Applicant as required in Article 3, Sections 35269 and 35271.
(A) The court report shall include the assessment of the effect of the criminal record on the applicant's ability to provide adequate and proper care and guidance to the child.
- 1. The agency shall utilize the most up-to-date criminal record information in its preparation of the court report.
- 2. A licensed private adoption agency which has placed a child with an applicant requiring an FBI criminal record assessment by CDSS shall provide written notice to the CDSS at least 20 working days prior to the anticipated adoption petition hearing date that the agency is preparing to finalize an adoption, and request that the CDSS assessment of the FBI criminal record, if any, be submitted to the court prior to the hearing date.
- 3. If the CDSS is not able to complete the court report by the time indicated in the private agency notice, the CDSS shall advise the agency prior to the anticipated hearing date so that the hearing date may be postponed.
- (4) A copy of the documentation that the child is legally free for adoption.
- (5) The agency's recommendation that the petition be granted or denied.
Note: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code; Section 1530, Health and Safety Code; and Sections 8608, 8621 and 8901, Family Code. Reference: Sections 8608, 8616.5, 8900, 8902, 8904, 8908, 8909, 8914 and 8915, Family Code.
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. Amendment of subsection (a)(3) and new subsection (a)(3)(A) filed 7-28-89; operative 8-27-89 (Register 89, No. 31).
3. Change without regulatory effect amending Note filed 8-2-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 52).
4. Change without regulatory effect amending subsection (a)(4) and Note filed 3-27-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 13).
5. Amendment of subsections (a)(3)(A)2.-3. and amendment of Note filed 1-15-2019; operative 4-1-2019 (Register 2019, No. 3).