Section 35197 - Placement Requirements(b) Except as provided in Section 35199(b), an agency shall place a child for adoption only when the requirements of Section 35128 have been met.(c) In selecting prospective adoptive parents for a child, the agency shall:(1) Consider the expressed wishes of the relinquishing parent.(2) Follow the placement requirements of Family Code Sections 8708, 8709, 8710, and 8711.(3) Select from identified prospective adoptive parents with approved assessments satisfying the criteria set forth in Sections 35180 and 35181 or 35183 and conducted by the agency, or other California licensed public or private adoption agencies, or licensed adoption agencies out of the state.(d) The agency shall make available counseling, information, and educational services to prospective adoptive parents whose racial, ethnic, or cultural background is different from the child's in an effort to assist the family to meet the child's needs and to be sensitive about others' perceptions of the child.(e) In a cooperative placement (where one agency has custody of the child and another agency completed and approved the assessment of the prospective adoptive parents), both agencies shall share responsibility for meeting all the requirements for the completion of the adoption.(1) The agency that has custody of the child shall be responsible for meeting the requirements of the following sections: (A) 35127.1 Content of Written Assessment of the Child, and 35127.2 Documents, Reports and Authorizations Required for Assessment of the Child, and 35127.3 Services for Children Accepted for Adoption Planning;(B) 35195 Child's Medical and Psychosocial Background Information to be Provided to the Prospective Adoptive Parents;(C) 35201 Adoptive Placement Agreement;(D) 35205 Providing Services to Prospective Adoptive Parents Who Move after the Adoptive Placement;(E) 35207 Termination of an Adoptive Placement;(F) 35325 through 35351 Adoption Assistance Program 1. 35325(e)(3)(C)1. and (D)2. Adoption Assistance Program Payment Amount and Agreement (only completed by licensed public adoption agencies).(2) The agency that approved the assessment of the prospective adoptive parents shall be responsible for meeting the requirements of the following sections: (A) 35177 Written Application to Adopt, Agency Actions, and Authority for Disapproval;(B) 35179 Information to be Provided to an Applicant;(C) 35180 Written Assessment of the Adoptive Applicant and Documentation and 35181 Full Assessment of the Adoptive Applicant, or
35183 Abbreviated Assessment of the Adoptive Applicant;
35184 Criminal Background Check of Applicants;
(D) 35197(c) Services Regarding Ethnic and Cultural Differences;(E) 35203 Supervision of the Adoptive Placement;(F) 35207 Termination of the Adoptive Placement;(G) 35211 Completing the Court Report;(H) 35213 Immediate Filing of the Court Report;(3) The agencies may modify the division of responsibilities set forth in Sections 35197(e)(1) and (2) by a mutual written agreement.(4) The agency that has responsibility for the custody of the child shall be responsible for meeting the requirements of Section 35197(b) regarding the selection of prospective adoptive parents.(f) The agency that has custody of the child shall file with the department the following documents which pertain to the placement of the child for adoption or the termination of an adoptive placement:(1) The AD 558. (A) The agency shall file the AD 558 with the department within 15 days of the signing of the adoptive placement agreement.(2) The AD 580.(A) The agency shall file the AD 580 with the department within 15 days of the removal of the child from an adoptive home.(g) The agency that has the responsibility to complete the court report shall also be responsible for meeting the requirements set forth in Section 35213 when the recommendation is to deny the adoption petition or when the prospective adoptive parents desire to withdraw the adoption petition.Cal. Code Regs. Tit. 22, § 35197
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. Renumbering of former subsection (a)(1) to subsection (a)(4), renumbering of former subsection (a)(1)(A) to subsection (b) and new subsections (a)(1)-(a)(3) filed 7-28-89; operative 8-27-89 (Register 89, No. 31).
3. Change without regulatory effect amending NOTE filed 8-2-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 52).
4. Change without regulatory effect amending NOTE filed 3-27-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 13).
5. New article 9 (sections 35197-35209) and repealer and new section 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.
6. New article 9 (sections 35197-35209) and repealer and new section 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.
7. Repealer of article 9 heading and Certificate of Compliance as to 11-24-98 order, including redesignation of former section (e)(2)(I) to subsection (e)(1)(F)1., 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 Section 8621, Family Code. Reference: Sections 7630, 7634, 7660, 7669, 7893, 8700 and 8704, Family Code; and 25 U.S.C. 1901 et seq.