1. (a) Before accepting a relinquishment or consent, the agency or the adoption service provider shall immediately submit to the department a completed AD 4311 for each child claiming Indian heritage.

   1. (1) A certified copy of the child's birth certificate shall be attached to the AD 4311.
   2. (2) If the father is the identified Indian parent and is not named on the child's birth certificate, or his paternity has not been otherwise established, a signed and notarized statement of paternity must be attached to the AD 4311.

2. (g) Upon receipt of a CDIB from the BIA or tribe, the agency shall send a copy of the CDIB to the department.

   1. (1) For relinquishment adoptions only:

      1. (A) After receipt of the ICWA determination, the agency shall send to the department the AD 90 and all copies of correspondence sent to or received from the tribe or BIA agency office.

Note: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code; and Sections 8619 and 8621, Family Code. Reference: Section 8619, 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 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. Amendment of section and Note 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 A Certificate of Compliance must be transmitted to OAL by 11-30-98 or emergency language will be repealed by operation of law on the following day.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. Amendment of section and Note 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 A Certificate of Compliance must be transmitted to OAL by 3-29-99 or emergency language will be repealed by operation of law on the following day.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 transmitted to OAL 3-25-99 and filed 5-3-99 (Register 99, No. 19).