Section 35094.1 - Adoption Service Provider Registration and Duty of Care(a) Prior to acting as an adoption service provider in California, the potentially qualified individual shall register with the Adoptions Branch of the department at Sacramento by providing the following evidence that he or she meets the qualifications specified in Family Code Section 8502. The registration shall be acknowledged by the department. (1) The individual shall provide, or cause to be provided, to the department at: California Department of Social Services
Adoptions Branch
744 P Street, M.S. 19-67
Sacramento, California 95814
(A) A copy of the individual's current license as a Licensed Clinical Social Worker.(B) An original letter or letters mailed to the department by the adoption agency or agencies with whom the individual worked attesting to the individual's experience and giving specific dates of employment.(2) Verification or clarification of the information provided by the individual shall be obtained by the department, if necessary, from the Board of Behavioral Sciences Examiners and/or the employer(s).(3) No individual shall be registered unless he or she possesses the required license and experience. (A) If an individual has been registered and the department subsequently determines that he or she in fact lacks the required license and/or experience, registration of the individual shall be terminated. 1. Prior to terminating the registration of an individual adoption service provider, the department shall mail the adoption service provider a written notice of termination and the reason(s) for the termination.(B) The department shall not terminate the registration if, within fifteen working days after the department mails the notice, the adoption service provider mails a written response providing additional information verifying that the license and/or experience meets the requirements in Section 35094.1(a).(C) If the additional information provided by the adoption service provider does not meet the license and/or experience requirements in Section 35094.1(a), the department shall terminate the registration.(4) A complaint with the Board of Behavioral Science Examiners shall be filed by the department or delegated county adoption agency when the actions of an individual adoption service provider are not in compliance with the department's regulations.(b) The adoption service provider shall comply with Family Code Section 8801.7, which provides that the adoption service provider owes a very high duty of care to the birth parent being advised.Cal. Code Regs. Tit. 22, § 35094.1
1. Renumbering of former Article 2 to Article 3 and new Article 2 (sections 35094.1-95094.3) and section filed 12-29-94; operative 1-1-95 (Register 94, No. 52).
2. New subsections (a)(3)(A)-(C) filed 12-30-94 as an emergency; operative 1-1-95 (Register 94, No. 52). A Certificate of Compliance must be transmitted to OAL 5-1-95 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of HISTORY 1 (Register 95, No. 13).
4. Certificate of Compliance as to 12-30-94 order transmitted to OAL 5-1-95 and filed 6-8-95 (Register 95, No. 23). Note: Authority cited: Section 8621, Family Code; Sections 10553 and 10554, Welfare and Institutions Code. Reference: Sections 8502 and 8801.7, Family Code.