Section 35165 - Filing Documents with the Department(a) The agency shall file with the department all the documents which pertain to freeing a child for adoptive placement and adoption and the supporting information required for the issuance of the AD 4333. (A) Filing includes the department's receipt and acknowledgment of a certified copy of the relinquishment form.(b) The agency, after retaining the relinquishment document for any specified holding period, shall file it with the department as follows: (1) Within 10 working days after the expiration of the specified holding period, or(2) Within 10 working days after the day the relinquishment document is signed but no sooner than the close of the next working day following the signing, if the parent requests immediate filing.(c) The agency shall submit a written statement with the relinquishment document that the parent did not request the return of a child who is neither detained nor a juvenile court dependent in out-of-home care during any specified holding period.(d) The agency shall certify in writing that the relinquishment document and the statement of understanding that are filed with the department are true and correct copies of the original documents contained in the files of the agency.(e) The agency shall file with the department the following supporting information which pertains to freeing a child for adoptive placement and finalization of the adoption: (3) Copies of court orders terminating parental rights, as appropriate.(4) Copies of notices sent to alleged fathers under Family Code Sections 7662, 7664, 7666, and under Welfare and Institutions Code Section 316.2 and proof of service, as appropriate.(5) Certified copies of the relinquishment document, as appropriate.(6) Copy of signed Statement of Understanding attached to each certified copy of the relinquishment document.(7) Copy of any psychiatric/psychological evaluation and statement of the conservator, as appropriate.(8) Copies of Judicial Council 'Paternity-Waiver of Rights' (JV-505) and other copies of waiver of further notice to the adoption proceedings, as appropriate.(9) Copies of denials of paternity, as appropriate.(10) Copies of documents pertaining to a child who is freed for adoptive placement and finalization of adoption in another state, as appropriate.(f) The agency shall send the relinquishing parent a copy of the filed relinquishment document.(g) The agency shall file with the department the ICPC 100B when the adoption will be completed in another state. (1) If the adoption did not meet the requirements of the Interstate Compact on the Placement of Children as set forth in Sections 35401, 35405, and 35407, the agency shall notify the department in writing of the completion of the out-of-state adoption.Cal. Code Regs. Tit. 22, § 35165
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 NOTE filed 8-2-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 52).
3. Change without regulatory effect amending subsection (a)(1) and NOTE filed 3-27-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 13).
4. 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.
5. 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.
6. New article 8 heading and Certificate of Compliance as to 11-24-98 order, including new subsection (a)(1)(A), amendment of subsection (c) and amendment of NOTE, transmitted to OAL 3-25-99 and filed 5-3-99 (Register 99, No. 19).
7. Amendment of NOTE 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 1183, Civil Code; Sections 7611, 7612, 7630, 7660, 7661, 7662, 7663, 7664, 7665, 7666, 7669, 8604, 8605, 8606 and 8700, Family Code; Section 316.2 Welfare and Institutions Code; and Sections 415.10, 415.30, 415.40, 417.10 and 417.20, Code of Civil Procedure.
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 Note filed 8-2-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 52).
3. Change without regulatory effect amending subsection (a)(1) and Note filed 3-27-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 13).
4. 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.
5. 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.
6. New article 8 heading and Certificate of Compliance as to 11-24-98 order, including new subsection (a)(1)(A), amendment of subsection (c) and amendment of Note, transmitted to OAL 3-25-99 and filed 5-3-99 (Register 99, No. 19).
7. Amendment of Note filed 10-31-2022; operative 1/1/2023 (Register 2022, No. 44).