Cal. Code Regs. tit. 22, § 35383
Applicability of ICWA to Non-Indian Parents, Withdrawal of Consent and Termination of Parental Rights in an Independent Adoption.
Effective Oct 1, 1987Register 95, No. 13Authority cited: Sections 10553 and 10554, Welfare and Institutions Code; and Sections 8619 and 8621, Family Code. Reference: 25 U.S.C. 1903(9), 1913(c) and 1912.State of California
(a) During the investigation of the adoption petition, the agency shall advise the petitioners that:
- (1) The provisions of the ICWA apply to the non-Indian parent of an Indian child as well as to the Indian parent.
- (2) The birth parent may withdraw his or her consent and has the right to have the child returned to him or her at any time prior to the issuance of a final decree of adoption.
- (3) The procedures pursuant to Section 35377 will be followed if it is necessary to terminate parental rights involuntarily.
Note: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code; and Sections 8619 and 8621, Family Code. Reference: 25 U.S.C. 1903(9), 1913(c) and 1912.
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 subsection (a)(2) and Note filed 3-27-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 13).