Section 35407 - Children Leaving California(a) The California agency [because California is the state where the birth parent(s) lives] shall request the birth parent(s) to submit the ICPC 100A (Rev. 10/91) for forwarding to the receiving state's appropriate public authority (the state where the prospective adoptive parent(s) lives) the following documents: (1) Four copies of the completed ICPC 100A (Rev. 10/91). (A) An ICPC 100A (Rev. 10/91) must be completed for each child.(2) Two copies of a family history including, but not limited to, the following:(A) Composition of the family.(B) Marital status of the parents.(C) Age, physical appearance, religion, personality, and mental and physical disabilities.(D) School and employment history.(E) Reason for placement in another state.(F) Medical information on the child (may be submitted after birth).(3) Two copies of a statement by the birth parent(s) that confirms the plan for adoptive placement and meets the requirements of Family Code Sections 8539 and 8801(b).(4) Two copies of a statement by the birth parent(s) that indicates how the financial and medical needs of the child will be met while the child is in the preadoptive placement.(5) Two signed copies of a written authorization for the adoptive parent(s) to secure medical treatment for the child pending adoption.(b) The California agency shall notify the birth parent(s) of the receiving state's decision pursuant to receipt and review of the documents in Section 35407(a).(c) After the placement request has been approved in writing and the placement made, the California agency shall request the birth parent(s) to complete and forward to the appropriate public authority in the receiving state:(A) Four copies of the ICPC 100B (Rev. 10/91).(B) Three copies of all legal and other pertinent documents not previously submitted to the receiving state's appropriate public authority.(f) If prospective adoptive parent(s) moves from California to another member state before an independent adoption is completed, the SDSS Adoptions district office or delegated California adoption agency which has had the responsibility for investigating the independent adoption shall:(1) Send two copies of a summary of information on the child and family history to the receiving state's appropriate public authority, i.e., the state to which they are moving, indicating that four copies of the ICPC 100A (Rev. 10/91) are being submitted by the birth parent(s).(A) The information on the child and the family history shall include, but is not limited to, the following:1. Composition of the family;2. Marital status of the parents;3. Age, physical appearance, religion, personality, and mental and physical disabilities;4. School and employment history;5. Reason for placement in another state;6. Medical information on the child.(2) Request the birth parent(s) to complete and forward to the appropriate authority in the receiving state: (A) Four copies of the ICPC 100B (Rev. 10/91).(B) Three copies of all legal and other pertinent documents not previously submitted to the receiving state's appropriate public authority.(3) The California agency shall sign and forward the ICPC 100A (Rev. 10/91) to the receiving state's appropriate public authority.Cal. Code Regs. Tit. 22, § 35407
1. Editorial renumbering and printing of former section 30858 to section 35407 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 subsection (a)(3) and 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; and Section 8621, Family Code. Reference: Section 16100, Welfare and Institutions Code; and Sections 8801 and 7900, Family Code.