Section 35401 - Children Leaving California(a) To initiate a home evaluation: (1) The California sending agency shall summarize information about the child, complete Sections I, II and III of the ICPC 100A, and: (A) Forward the following documents to the receiving state's appropriate public authority: 1. Two copies of the child summary, ICPC 100A (Rev. 10/91), and a home study request; (i) An ICPC 100A (Rev. 10/91) must be completed for each child.2. Two copies of a court order establishing the jurisdiction of the sending agency, or stating that care, custody, and control of the child have been given to a licensed adoption agency because the child is an orphan;3. Two copies of the AD 4333, Acknowledgment or Confirmation of Receipt of Child Freeing Documents, establishing that the child is free for adoption, when a Family Code Section 7660, 7661, 7662, 7664, 7665, 7666, 7669, 7802, 7807, 7808, 7820, 7821, 7822, 7823, 7824, 7825, 7826, 7827, 7890, or 7892 action has been completed or the parent has relinquished the child to a licensed adoption agency. The AD 4333 shall be signed by a representative of CDSS.4. Two copies of the AD 512 (Rev. 10/90), Psychosocial and Medical History of Child, or equivalent form. The AD 512 (Rev. 10/90) shall not contain the birth name of the child to be adopted or the name(s) of the birth parent(s). The AD 512 (Rev. 10/90), or equivalent form, shall be signed by the child's adoption worker and the prospective adoptive parent(s) and shall be dated;5. Two copies of a statement indicating how the child's financial and medical needs will be met while in the preadoptive placement, including the child's eligibility for the Adoption Assistance Program (AAP);6. Two signed copies of a written authorization for the prospective adoptive parent(s) to secure medical treatment for the child pending adoption;7. Two copies of background information on the prospective adoptive parent(s), if available, and their relationship to the child; and8. Two copies of a family assessment if already submitted to the California sending agency by the adoption agency in the receiving state.(b) To place a child in a home which has been approved in writing by the receiving state: (1) The California sending agency shall make the arrangements for and complete the placement directly with the adoption agency in the receiving state.(2) The California sending agency shall complete: (A) The ICPC 100B (Rev. 10/91) and forward two copies to the appropriate public authority in the receiving state; and(B) Two copies of all legal and other pertinent documents not previously submitted to the receiving state's appropriate public authority.(c) To place a child when an approved home study by a receiving state's adoption agency has been previously exchanged with the California sending agency:(1) The California sending agency shall forward to the appropriate public authority in the receiving state:(A) Four copies of the completed ICPC 100A (Rev. 10/91);1. An ICPC 100A (Rev. 10/91) must be completed for each child.(B) Two copies of the approved home study and all legal and other pertinent documents not previously submitted to the receiving state.(3) When the placement has been approved in writing by the receiving state, the California sending agency shall proceed in accordance with Section 35401(b) above.(e) To request continued supervision for those cases in which placement has been made in California and the child and family subsequently move to another party state before the adoption is final:(1) The California sending agency shall forward to the appropriate public authority in the receiving state:(A) Four copies of the completed ICPC 100A (Rev. 10/91),1. An ICPC 100A (Rev. 10/91) must be completed for each child.(B) Two copies of the home study, child study, summary of supervisory reports, and legal and other pertinent documents.(2) The California sending agency shall request the receiving state's adoption agency to advise the family of the requirements necessary for completion of the adoption.Cal. Code Regs. Tit. 22, § 35401
1. Editorial renumbering and printing of former section 30853 to section 35401 filed 9-20-90 (Register 90, No. 47).
2. Amendment filed 10-1-91 as an emergency; operative 10-1-91 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 1-29-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-1-91 order including amendment of subsection (b)(2)(A) transmitted to OAL 1-27-92 and filed 3-9-92 (Register 92, No. 18).
4. Change without regulatory effect amending subsection (a)(1)(A)3. and NOTE filed 3-27-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 13).
5. Amendment of subsection (a)(1) and (a)(1)3. 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 16100, Welfare and Institutions Code; Section 1502, Health and Safety Code; and Sections 7900 and 7903, Family Code.
1. Editorial renumbering and printing of former section 30853 to section 35401 filed 9-20-90 (Register 90, No. 47).
2. Amendment filed 10-1-91 as an emergency; operative 10-1-91 (Register 92, No. 13). A Certificate of Compliance must be transmitted to OAL 1-29-92 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 10-1-91 order including amendment of subsection (b)(2)(A) transmitted to OAL 1-27-92 and filed 3-9-92 (Register 92, No. 18).
4. Change without regulatory effect amending subsection (a)(1)(A)3. and Note filed 3-27-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 13).
5. Amendment of subsection (a)(1) and (a)(1)3. filed 10-31-2022; operative 1/1/2023 (Register 2022, No. 44).