Cal. Code Regs. tit. 22 § 35199

Current through Register 2024 Notice Reg. No. 41, October 11, 2024

Section 35199 - Exception to the Requirement that Child be Legally Freed Prior to Adoptive Placement

(a) (Reserved)

(b) No agency shall sign an adoption placement agreement until the child is legally free for adoptive placement unless:

(1) The child is already placed in a home with prospective adoptive parents who have an approved assessment satisfying the criteria set forth in Sections 35180, 35181, or 35183 and with the approval of the agency's administrator, and

(A) The birth mother and presumed father, if any, have signed a relinquishment document and

(B) The relinquishment document has been filed with the department, and

(C) The department has acknowledged the relinquishment and issued an AD 4333; and

(D) An action to terminate the rights of any alleged natural father pursuant to Family Code Sections 7630, 7634, 7660, 7662, or 7669 has been filed and is pending in court.

Cal. Code Regs. Tit. 22, § 35199

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 section filed 8-2-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 52).
3. Change without regulatory effect amending subsections (b)(1)(C) and NOTE filed 3-27-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 13).
4. Amendment of section and NOTE 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 A Certificate of Compliance must be transmitted to OAL by 11-30-98 or emergency language will be repealed by operation of law on the following day.
5. Amendment of section and NOTE 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 A Certificate of Compliance must be transmitted to OAL by 3-29-99 or emergency language will be repealed by operation of law on the following day.
6. Repealer of article 7 heading and Certificate of Compliance as to 11-24-98 order, including amendment of NOTE, 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, 7662, 7669, 7893, 8700, 8704, 8708, 8709, 8710 and 8711, Family Code; and 25 U.S.C. 1901 et seq.