Section 35094.3 - Independent Adoption Placement Agreement(a) Prior to signing the AD 924 or the AD 925, the adoption service provider shall: (1) Obtain, document, and share with the prospective adoptive parents information from the birth parent(s) regarding the child's background, the birth parents' reasons for choosing adoption for the child, and the birth parents' attitude toward the proposed adoptive placement. (A) Assist the birth parent in providing medical and family background information by helping him or her complete the AD 67 and the AD 67A forms.(B) Assure that the adopting parents have received copies of the AD 67 and AD 67A forms completed by the birth parent(s).(2) Determine whether the child is an Indian child prior to witnessing the signing of a placement agreement if any documentation or oral report indicates that either birth parent may be of Indian ancestry. (A) The adoption service provider shall ask the birth parent whether the birth parent or the child's other parent is of Indian ancestry.(3) Ask the birth mother to identify the child's father or possible fathers.(A) As part of his inquiry, the adoption service provider shall assist the birth mother in completing the AD 880.(4) Determine that the birth parent has the ability to understand the nature, content, and effect of signing an adoptive placement agreement.(A) If the adoption service provider's observation or knowledge of the parent's history or current condition indicates that the parent may not have the ability to understand the content, nature, and effect of signing the adoption placement agreement, the adoption service provider shall ask the potential adoptive parents to arrange for an evaluation by a licensed physician or a licensed clinical psychologist of the parent's ability to understand the nature, content, and effect of signing an adoptive placement agreement. 1. This evaluation shall not be required if the inability is temporary resulting from factors such as stress, lack of sleep, or the use of alcohol or other mind-altering substances. However, the adoption service provider shall not sign the adoption placement agreement until the birth parent is able to understand the content, nature, and effect of the agreement.2. The need for an evaluation is indicated under, but not limited to, the following circumstances: (i) The birth parent is receiving SSI/SSP based on mental illness or developmental disability.(ii) The birth parent has received psychiatric treatment and/or medication for mental illness or disease within the past two years. a. Counseling related to placement of the child for adoption, the resolution of marital problems or similar decision-making shall not be considered psychiatric treatment for mental illness or disease.3. The adoption service provider shall obtain a written authorization from the parent for release of the evaluation by the physician or clinical psychologist to the adoption service provider and the department or delegated county adoption agency.4. The adoption service provider shall sign the placement agreement:(i) Only if the evaluation establishes that the birth parent has the ability to understand the nature, content, and effect of signing a consent to adoption;(ii) No later than 30 days after the evaluation is completed; and(iii) In the case of a birth parent for whom the court has appointed a conservator, only if the order of conservatorship specifically allows the birth parent to consent to the adoption of his or her child.(5) Obtain written authorization from the birth parent for the following releases of information concerning the parent and the child:(A) From the adoption service provider to the department or delegated county adoption agency.(B) From the department or delegated county adoption agency to the prospective adoptive parents.(C) From the child's physician(s) to the department or delegated county adoption agency if the child is not being placed at birth.(6) Obtain written authorization from the birth mother for the following releases of information concerning the mother and the child: (A) From the birth mother's physician(s) to the department or delegated county adoption agency.(B) From the hospital where the birth mother delivered the child, or intends to deliver the child, to the department or delegated county adoption agency.(7) Determine that the birth parent is voluntarily choosing to place the child with the prospective adoptive parents for the purpose of adoption pursuant to Family Code Section 8801. (B) The adoption service provider shall sign the adoption placement agreement only after he or she determines that the birth parent has substantially correct knowledge of all of the elements of personal knowledge regarding the prospective adoptive parents.(8) Present a copy of the AD 908 to the birth parent and give him or her an opportunity to complete and sign the statement.(9) Obtain the birth parent's signature on the Statement of Understanding form after the birth parent has affirmed his or her understanding of the placement and consent process by reading and initialing each explanatory statement on the Statement of Understanding form in the presence of the adoption service provider. (A) The Statement of Understanding shall be signed on the same day, but prior to the signing of the adoption placement agreement.(10) Sign the Statement of Understanding form certifying that the birth parent's signature has been properly witnessed.(11) Obtain written verification of the provision of the advisement from the advising adoption service provider, if the adoption service provider signing the adoption placement agreement is not the adoption service provider that provided the advisement.(b) After the conditions specified in Section 35094.2(a) have been met, the adoption service provider shall arrange for the signing of the adoption placement agreement as provided in Family Code Section 8801.3. (2) If the child is an Indian child, the placement agreement must be signed in accordance with Section 35375.(c) After the Independent Adoption Placement Agreement has been signed by the birth parents, the adoptive parents, and the adoption service provider, the adoption service provider shall: (1) Give the birth parent copies of the following signed documents:(A) The Independent Adoption Placement Agreement.(B) The Statement of Understanding.(C) The Adoptions Information Act Statement.(D) If requested, any other documents which the birth parent has signed.(2) Give the potential adoptive parents a copy of the signed Independent Adoption Placement Agreement.(3) Offer to interview the birth parent as provided in Family Code Section 8801.7(4) If a birth parent who has placed a child decides to revoke consent, offer and, if requested, do the following to assist the birth parent in obtaining the return of the child: (A) Assist the birth parent in completing the written statement revoking the placement agreement and delivering that statement to the department or delegated county adoption agency. 1. A specific form shall not be required, but the AD 928 may be used for this purpose.(B) Contact the prospective adoptive parents to inform them of the placing parent's decision and to arrange the time and place of the return of the child.(C) Accompany the birth parent when the parent takes custody of the child.(5) Send the department or delegated county adoption agency:(B) Original signed copies of all documents signed by the birth parent including, but not limited to: 1. The AD 924 or the AD 925.2. The AD 926 or the AD 927.(C) The information specified in Section 35094.2(b).(D) Reports of any examinations of the birth parent's competency to sign an adoption placement agreement.(E) Any documents related to the determination of the child's status as an Indian child under the Indian Child Welfare Act.(F) A summary of contacts with the birth parent, including the information obtained pursuant to Section 35094.3(a)(1) and any other information which the adoption service provider believes will assist the department or delegated county adoption agency in its investigation of the proposed adoption.(G) Any request to revoke the adoption placement agreement.Cal. Code Regs. Tit. 22, § 35094.3
1. New section filed 12-29-94; operative 1-1-95 (Register 94, No. 52).
2. Editorial correction of HISTORY 1 (Register 95, No. 13). Note: Authority cited: Section 8621, Family Code; Sections 10553 and 10554, Welfare and Institutions Code. Reference: Section 4992.3, Business and Professions Code; Sections 56.11, 1798.24, Civil Code; Sections 7663, 8801, 8801.3, 8801.5, 8801.7, 8813, 8814.5, 8815, 8817 and 8818, Family Code; 25 USC 1901 et seq.