Section 35092 - Obtaining and Releasing Information About Birth Parents(a) The agency shall obtain the birth mother's and the birth father's authorization for the release of medical information prior to fulfilling the requirements of Sections 35092(b)(7), (8) and (9).(1) If any documentation or oral report indicates that the birth parent may be of Indian ancestry, the agency shall obtain that information required by Section 35357(a).(2) Agencies shall use the AD 100 to obtain the birth parents' authorizations for the release of medical information pursuant to this section. (A) The agency shall indicate on the AD 100, in the space provided, that the prospective adoptive parents and the agency are authorized to receive the information being sought.(3) The AD shall advise the birth parent and the source to whom the authorization is to be sent of the following:(A) All nonidentifying information obtained from the source will be given to the prospective adoptive parents prior to the finalization of adoption.(B) All nonidentifying information obtained from the source will be given to the adoptive parents of an adoptee under age 18 and to the adult adoptee, upon written request, in post-adoption services.(C) No identifying information about either the child or his or her birth parents shall be disclosed to the adopting parents or the adult adoptee unless permitted by law.(5) If the agency receives a report or evaluation that is illegible or the photocopy is unclear, the agency shall return it to the source with a request for a clear, legible copy.(b) The agency shall obtain the following information regarding the child's birth parents: (1) Name and current address.(4) Religious preference for the child, if applicable.(5) Marital history of the birthmother including dissolutions of marriage. (A) When verification of the dissolution of all marriages of the birth mother is not possible, the marriages preceding a verified divorce decree shall be assumed to have been validly dissolved.(6) Race and ethnic background.(7) Medical background, including illnesses, diseases, or defects of a hereditary or genetic nature, as required by Family Code Section 8706, 8817, or 8909, including, if available, the medical history of the birth parent's extended family.(8) Reports on the birth mother from the prenatal physician and the physician who delivered the child, or from the hospital in which the child was born, if available. The reports shall include the following:(A) Information about medications taken by the birth mother during pregnancy.(B) Information about complications of pregnancy or delivery.(9) Existing reports or evaluations on the birth parent from medical or mental health professionals and hospitals or institutions in which the birth parent has been an in-patient or out-patient. The AD 67 and the AD 67A completed by the birth parents.
(c) The Agency shall document in the adoption case record and in the court report the reason(s) that the agency was unable to obtain any of the reports, documents, or information described in Section 35092(b). (1) The agency shall indicate the name of any such report or documentation that was not obtained and the reason(s) that the information is not part of the child's medical report on the AD 512A.Cal. Code Regs. Tit. 22, § 35092
1. Renumbering and amendment of former section 35023 to new section 35092 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.
2. Renumbering and amendment of former section 35023 to new section 35092 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.
3. Certificate of Compliance as to 11-24-98 order transmitted to OAL 3-25-99 and filed 5-3-99 (Register 99, No. 19). Note: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code; Section 1530, Health and Safety Code; and Sections 8608(a) and 8621, Family Code. Reference: Sections 7600 et seq., 8706, 8715, 8817, 8909 and 9202, Family Code; Section 10553(e), Welfare and Institutions Code; and 25 U.S.C. 1901 et seq.