Cal. Code Regs. tit. 22 § 35127.1

Current through Register 2024 Notice Reg. No. 15, April 12, 2024
Section 35127.1 - Content of Written Assessment of the Child
(a) (Reserved)
(b) The agency shall assess each child accepted for adoption services. The assessment shall be in writing and shall include but not be limited to:
(1) Identification of the child, including the child's:
(A) Sex.
(B) Age.
(C) Race.
(D) Ethnicity.
(E) Juvenile court status, including whether the child is a dependent or subject to a petition pursuant to Welfare and Institutions Code Section 300.
(2) Medical, developmental, scholastic, mental, emotional and behavioral history and current status.
(A) If the chid is younger than age 5, a developmental assessment.
(3) For a child placed in out-of-home care, a review of the amount of and nature of any contact between the child and his or her birth parents or other members of his or her extended family since the time of placement in out-of-home care. This review shall include:
(A) Whether the child would benefit from continuing contact with members of his or her extended family after an adoption.
(B) Whether the child has any siblings with whom the child should be placed for adoption.
(C) Whether the child has any siblings with whom the child would benefit from maintaining contact.
(4) Family life history, including the following:
(A) The history of and relationship to any significant caretakers of the child.
(B) If the child has been placed out of the home, a summary of the child's placement history.
(C) The relationship of the child with any identified prospective adoptive parent, particularly the caretaker, the duration and character of the relationship.
(5) Determination of the child's AAP eligibility when applicable, and the basis for such a determination.
(6) Religion and/or cultural background.
(7) Assessment of the child's readiness for adoption and willingness to be adopted, including:
(A) A statement from the child concerning placement and adoption unless the child's age or physical, emotional or other condition precludes his or her meaningful response, and if so, a description of the condition.
(8) An analysis of the likelihood that the minor will be adopted if parental rights are terminated, including whether a potential adoptive family has been identified.
(9) The results of a psychological evaluation when it exists.
(A) The agency shall obtain the results of a psychological evaluation for a child age 5 years and older when there is an indication that such an evaluation is necessary as determined by either:
1. The agency's review of the child's history which indicates a genetic predisposition for mental illness, or
2. The agency's review of the child's behavior which seems abnormal and symptomatic of mental illness, such as:
a. Pervasive lack of responsiveness to other people.
b. Solitary, stereotyped, repetitive play.
c. Peculiar speech patterns or speech disorders.
d. Extreme need for sameness.
e. Peculiar interest in or attachment to inanimate objects.
f. Retreat into fantasy, bizarre gestures or mannerisms.
g. Extreme aggression and uncontrollability when separated from parental figures.
h. Slowed thinking, apathy, or suicidal thoughts.
i. Bizarre eating habits or disturbances while eating.
j. Constricted or inappropriate affect.
k. Incoherence with delusions, hallucinations, or loose associations.
l. Oddities of motor development, such as peculiar posturing or peculiar hand or finger movements.
m. Excessive, persistent anxiety and worry.
n. Psychomotor agitation or hyperactivity.
(B) When a child age 5 years or older is not displaying symptoms of emotional disturbance, such as those specified in Section 35127.1(b)(9)(A), the agency shall:
1. Determine, based on the agency's judgment, whether other available information about the child and/or the parent indicated that a psychological evaluation is necessary to facilitate the placement and ongoing care of the child, and
2. If the agency determines a psychological evaluation is necessary, arrange for and obtain the results of a psychological evaluation for the child.

Cal. Code Regs. Tit. 22, § 35127.1

1. New article 1 (sections 35127.1-35127.3) and renumbering and amendment of former section 35171 to new section 35127.1 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. For prior history of article 1, see Register 88, No. 50; for prior history of subchapter 4, article 7 (sections 35127.1-35127.2), see Register 94, No. 52.
2. New article 1 (sections 35127.1-35127.3) and renumbering and amendment of former section 35171 to new section 35127.1 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.
3. Certificate of Compliance as to 11-24-98 order, including amendment of NOTE, transmitted to OAL 3-25-99 and filed 5-3-99 (Register 99, No. 19).

Note: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code; Section 1530, Health and Safety Code; and Sections 8608 and 8621, Family Code. Reference: Sections 361.5, 366.21 and 366.22, Welfare and Institutions Code; Sections 8608, 8706, 8715 and 9100, Family Code; and 25 U.S.C. 1901 et seq.