Section 35123 - Completing the Court Report and Filing(a) The agency shall file the court report on an adoption petition within 180 days of the filing of the adoption petition unless an extension of time has been granted by the court. (1) The court report shall contain a summary of the facts disclosed by the study, an evaluation of such facts, and a recommendation as to the granting of the petition. (A) The information which is included in the report shall be current and shall be substantiated in the case record.(B) The court report shall include conclusions regarding the impact of any available record of the petitioner's criminal or violent behavior on his or her ability to provide appropriate parenting and a stable and safe home environment for the child. 1. The agency shall use the most current criminal record information in its preparation of the court report.(b) The agency shall file its court report immediately when there is a serious question regarding: (1) The suitability of the petitioners.(2) The care which the child is receiving.(3) The availability of the consent to adoption.(c) The agency shall document in the court report the basis for its concerns regarding the suitability of the petitioners or the care provided the child.(d) The agency shall include in the court report, as appropriate, a request to the court for direction regarding the situation giving rise to the agency's concern.(e) If the agency's court report includes a recommendation to deny the adoption petition, the agency shall follow the procedures outlined at Section 35125. (1) The agency shall appear at the hearing to represent the child pursuant to Family Code Section 8822.(f) The agency shall immediately file a court report when there is a serious question whether the placement of the child for purposes of adoption was made in accordance with provisions of Family Code Section 8801.3. (g) The agency shall give the petitioners or their attorney a copy of the court report at the time it is filed.Cal. Code Regs. Tit. 22, § 35123
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. Amendment of subsection (a) filed 3-7-89; operative 4-6-89 (Register 89, No. 11).
3. New subsection (a)(1)(B) filed 7-28-89; operative 8-27-89 (Register 89, No. 31).
4. Change without regulatory effect amending subsection (a)(3) and NOTE filed 8-2-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 52).
5. Renumbering of former Article 4 to Article 5, new subsection designators for (a)(2)(D) and (a)(3)(A), and amendment of subsection (a)(3) and NOTE filed 12-29-94; operative 1-1-95 (Register 94, No. 52).
6. Editorial correction of HISTORY 5 (Register 95, No. 13).
7. Amendment of section heading and 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.
8. Amendment of section heading and 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.
9. Certificate of Compliance as to 11-24-98 order 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; and Section 8621, Family Code. Reference: Sections 8801.3, 8807, and 8811, Family Code.