1. (a) The agency shall:

   1. (1) Enter into a placement agreement which includes, in addition to the requirements of Section 35207 confirmation that the prospective adoptive parents were advised of the birth parent's rights as specified at Sections 35379(a)(1), (2) and (3).
   2. (2) Document in the adoption case record the basis used to comply with the order of placement preference or the reason for any failure to comply. A copy of the court order and documentation establishing good cause to the contrary for failing to comply shall be attached to the AD 558 sent to the department.

Note: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code; and Section 8619 and 8621, Family Code. Reference: Section 16119, Welfare and Institutions Code; and 25 U.S.C. 1913(c) and 1915(b)(3).

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. Repealer of subsection (a)(3) filed 12-1-88; operative 12-31-88 (Register 89, No. 1)

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 subsection (a)(2) 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 A Certificate of Compliance must be transmitted to OAL by 11-30-98 or emergency language will be repealed by operation of law on the following day.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 subsection (a)(2) 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 A Certificate of Compliance must be transmitted to OAL by 3-29-99 or emergency language will be repealed by operation of law on the following day.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).