Statutes, codes, and regulations
California Code Of Regulations
Title 22 - Social SecurityDivision 2 - Department of Social Services-Department of Health ServicesPart 2 - Health and Welfare Agency-Department of Health Services RegulationsSubdivision 4 - Institutions and Boarding Homes for Persons Aged 16 and AboveChapter 3 - Adoptions Program Regulations [Renumbered]Subchapter 5 - Procedures for Agency Adoptions
Article 12 - Adoptive Placement
Section 35207 - Termination of the Adoptive Placement

Cal. Code Regs. tit. 22 § 35207

Download
PDF
Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 35207 - Termination of the Adoptive Placement
(a) (Reserved)
(b) In the event that a placement is terminated by the agency, and the child is to be removed from the home of the prospective adoptive parents, and the agency has no reason to believe that the child is in imminent danger the agency shall:
(1) Provide the prospective adoptive parents with a written notification of the agency's reasons for terminating the placement
(A) The notice shall be sent seven days prior to the termination of the placement.
(B) The notice shall state the specific conditions which led to the agency's decision to remove the child.
(C) The notice shall inform the prospective adoptive parents of the right to a grievance review under Subchapter 5, Article 9, Section 35233 et seq.
(c) In the event that a relinquishment document names the person or persons with whom the relinquishing parent intends that placement of the child for adoption be made by the agency and the agency terminates the placement with the named person or persons, the agency shall notify the relinquishing parent naming the person or persons of the termination of the placement and of his or her right to rescind the relinquishment and reclaim the child as required by Family Code section 8700 Subdivision (g) and (h).
(d) If a placement is terminated before finalization of the adoption, the agency shall determine whether the family is to be considered for the placement of another child or whether approval of the family is to be withdrawn.
(1) The agency shall document its determination in the case record.
(2) The agency shall give the family written notice of its determination.

Cal. Code Regs. Tit. 22, § 35207

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. Amendment of subsections (a)(1)(B), (K) and (M) filed 12-1-88; operative 12-31-88 (Register 89, No. 1).
3. Change without regulatory effect amending section filed 8-2-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 52).
4. Amendment of section and NOTE filed 10-31-94 as an emergency; operative 11-1-94 (Register 94, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-1-95 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 10-31-94 order including amendment of subsection (b)(1)(D) transmitted to OAL 2-27-95 and filed 4-10-95 (Register 95, No. 15).
6. Renumbering of former section 35207 to section 35201 and renumbering and amendment of former section 35223 to section 35207 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.
7. Renumbering of former section 35207 to section 35201 and renumbering and amendment of former section 35223 to section 35207 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.
8. Certificate of Compliance as to 11-24-98 order transmitted to OAL 3-25-99 and filed 5-3-99 (Register 99, No. 19).
9. Amendment of subsection (c) filed 10-31-2022; operative 1-1-2023 (Register 2022, No. 44).

Note: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code; Section 1530, Health and Safety Code; and Section 8621, Family Code. Reference: Section 8700, Family Code; and 25 U.S.C. 1901 et seq.

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. Amendment of subsections (a)(1)(B), (K) and (M) filed 12-1-88; operative 12-31-88 (Register 89, No. 1).
3. Change without regulatory effect amending section filed 8-2-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 52).
4. Amendment of section and Note filed 10-31-94 as an emergency; operative 11-1-94 (Register 94, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-1-95 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 10-31-94 order including amendment of subsection (b)(1)(D) transmitted to OAL 2-27-95 and filed 4-10-95 (Register 95, No. 15).
6. Renumbering of former section 35207 to section 35201 and renumbering and amendment of former section 35223 to section 35207 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.
7. Renumbering of former section 35207 to section 35201 and renumbering and amendment of former section 35223 to section 35207 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.
8. Certificate of Compliance as to 11-24-98 order transmitted to OAL 3-25-99 and filed 5-3-99 (Register 99, No. 19).
9. Amendment of subsection (c) filed 10-31-2022; operative 1/1/2023 (Register 2022, No. 44).