Cal. Code Regs. tit. 22 § 35403

Current through Register 2025 Notice Reg. No. 2, January 10, 2025
Section 35403 - Children Entering California
(a) When a home evaluation request is submitted to a California receiving agency from a sending party state:
(1) The California receiving agency shall obtain in cooperation with the sending state's appropriate public authority the following documents:
(A) Copies of the home study request and the ICPC 100A (Rev. 10/91);
(1) An ICPC 100A (Rev. 10/91) must be completed for each child.
(B) Copies of a court order establishing 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;
(C) Copies of a court order terminating parental rights or a relinquishment of the child to an adoption agency, establishing that the child is free for adoption;
(D) 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;
(E) Copies of a statement indicating how the child's financial and medical needs will be met while the child is in the preadoptive placement, including the child's eligibility for the Adoption Assistance Program (AAP);
(F) Signed copies of a written authorization for the prospective adoptive parent(s) to secure medical treatment for the child pending adoption;
(G) Copies of background information on the prospective adoptive parent(s), if available, and their relationship to the child.
(2) The California receiving agency shall complete the home study and forward the home study report directly to the sending state's appropriate public authority.
(3) The California receiving agency shall state on the ICPC 100A (Rev. 10/91) approval or disapproval of the placement based upon the home study, and forward the ICPC 100A (Rev. 10/91) to the sending state's appropriate public authority with a copy to the sending agency.
(b) To place a child in a home which has an approved home study by a California receiving agency:
(1) The California receiving agency shall make the arrangements for and complete the placement directly with the sending agency.
(2) Upon completion of placement, the California receiving agency shall require a completed copy of the ICPC 100B (Rev. 10/91) from the sending state's appropriate public authority.
(c) To place a child when an approved home study by a California receiving agency has been previously exchanged with the sending agency:
(1) The California receiving agency shall require that the sending state's appropriate public authority shall submit those documents listed at Section 35403(a)(1)(A) through (G).
(2) The California receiving agency shall return the approved or disapproved ICPC 100A (Rev. 10/91) to the sending state's appropriate public authority.
(3) When the California receiving agency has received the ICPC 100A (Rev. 10/91) approving placement, the agency shall proceed in accordance with Section 35403(b) above.
(d) The California receiving agency providing supervision shall forward supervisory reports, as indicated on the ICPC 100A (Rev. 10/91), directly to the sending state's appropriate public authority.

Cal. Code Regs. Tit. 22, § 35403

1. Editorial renumbering and printing of former section 30855 to section 35403 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 transmitted to OAL 1-27-92 and filed 3-9-92 (Register 92, No. 18).
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).

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 7901 and 7903, Family Code.