Section 35094.2 - Pre-Placement Advisement(a) The adoption service provider shall advise a birth parent, as required by Family Code Section 8801.5, when the birth parent is considering the placement of his or her child for independent adoption unless the prospective adoptive parent is a grandparent, aunt, uncle, sibling, legal guardian who has been the child's legal guardian for more than three years or is a person named in the will of a deceased parent as an intended adoptive parent where the child has no other parent. (b) Prior to advising a birth parent who is considering the placement of his or her child for independent adoption, the adoption service provider shall obtain background information regarding the prospective adoptive parents. (1) This background information shall include at least the personal knowledge, as defined in Section 35000(p)(5), that the birth parent must have prior to placing a child for adoption.(c) When advising a birth parent who is considering the placement of his or her child for adoption, the adoption service provider shall inform the birth parent of: (1) His or her right to separate, independent legal counsel paid for by the prospective adoptive parents upon the request of the birth parent.(2) Alternatives to adoptive placement of the child including, but not limited to: (A) Services which would assist the birth parent in caring for the child including:1. Financial resources such as child support and Aid to Families with Dependent Children (AFDC).2. Employment resources such as vocational training and Employment Development Department services.3. Educational resources such as continuation school and General Equivalency Diploma programs.4. Child care resources, including the availability of subsidized day care.5. Housing resources such as shared housing with relatives or nonrelatives and government subsidized housing.6. Health service resources such as well baby clinics, Child Health and Disability Prevention Programs (CHDP), California Children's Services, and Medi-Cal.(B) Services, such as voluntary foster care placement or temporary placement with extended family members, which would give the parent more time to determine the most appropriate plan for the child.(3) Alternative forms of adoption, including a description of the full procedures and timeframes involved in each type, which at a minimum shall address the following:(A) Standard agency (relinquishment) adoption1. The birth parent transfers his or her rights and responsibilities for the child to an adoption agency by signing a relinquishment of the child to the agency. (i) The birth parent's legal rights and responsibilities for the child end when the relinquishment is filed with the department.(ii) The relinquishment is filed on a date agreed to by the birth parent and the agency. (iii) The birth parent may revoke the relinquishment before it is filed with the department.(iv) The birth parent may not rescind the relinquishment after it is filed with the department unless the adoption agency agrees.2. The prospective adoptive parents must be assessed and approved by the adoption agency before the child is placed for adoption with the family.3. The adoption agency, not the birth parent, selects the adoptive parents, and the birth parent usually does not know the identity of the adoptive parents.(B) Designated agency (relinquishment) adoption 1. These adoptions are the same as standard agency adoptions except that: (i) The birth parent participates in the selection of the adoptive parents,(ii) The birth parent knows the identity of the adopting parents, and(iii) The birth parent also has a right to rescind his or her relinquishment and thus regain his or her parental rights and responsibilities if the child is not placed with the selected family or if the placement disrupts prior to completion of the adoption.(C) Independent adoption by relatives 1. The birth parent agrees to the prospective adopting parents' future adoption of the child by signing a consent to the adoption. (i) The birth parent continues to be legally responsible for the child until the adoption is completed. (ii) The consent to the adoption becomes irrevocable 90 days after it is signed unless the birth parent waives the right to revoke the consent before the 90 days expires.(iii) The birth parent may revoke the consent and, if he or she has legal custody, reclaim the child at any time before the consent becomes irrevocable. a. When the consent becomes irrevocable, custody of the child may be regained by the birth parent only if the potential adoptive parents agree to withdraw their petition for adoption or the court denies the petition for adoption.(iv) The consent does not require the prospective adoptive parents to complete the adoption.2. The prospective adoptive parents are assessed as to their suitability to adopt after the child has begun living with them and they have filed a petition to adopt with the court.3. The birth parent selects the adoptive parents.4. The child begins living with the prospective adoptive parents before parental rights have been terminated.(D) Independent adoption by nonrelatives. 1. Each placing birth parent agrees to the prospective adopting parents' future adoption of the child by signing a placement agreement, and any non-placing birth parents agree to the future adoption by signing a consent. (i) The birth parent continues to be legally responsible for the child until the adoption is completed. (ii) A placement agreement becomes an irrevocable consent to the adoption 90 days after it is signed unless the birth parent shortens this period by waiving the right to revoke the consent before the 90 days expires.(iii) A consent becomes irrevocable 90 days after it is signed unless the birth parent shortens this period by waiving the right to revoke the consent before the 90 days expire. a. When the placement agreement or consent becomes and irrevocable consent, custody of the child may be regained by the birth parent only if the potential adoptive parents agree to withdraw their petition for adoption or the court denies the petition for adoption.(iv) The birth parent may revoke the placement agreement or consent and, if he or she has legal custody, reclaim the child at any time before the placement agreement or consent becomes an irrevocable consent.(v) The placement agreement or consent does not require the prospective adoptive parents to complete the adoption.2. The prospective adoptive parents are assessed as to their suitability to adopt after the child has begun living with them and they have filed a petition to adopt with the court.3. The birth parent selects the adoptive parents.4. The child usually begins living with the prospective adoptive parents when a parent with legal custody has signed an adoptive placement agreement.(4) The right to a minimum of three separate counseling sessions, as required by Family Code Section 8801.5. (5) Other rights and responsibilities of the birth parent as outlined on the AD 926 or, if the child is subject to the Indian Child Welfare Act, the AD 927.(B) The adoption service provider shall review each item on the Statement of Understanding with the birth parent to be certain that the birth parent understands the meaning of each item.(C) The adoption service provider shall answer any questions the birth parent has about the meaning of the items.(6) If all possible birth parents are not placing the child for adoption, the necessity of legally terminating the parental rights or securing the consent of all other possible parents before the adoption can be completed. (A) The adoption services provider shall emphasize the importance of and explain the possible repercussions of not accurately identifying other possible birth parents including: 1. The fact that the mother or presumed father who was not informed of the adoptive placement may take custody of the child after the child has been placed for adoption and that this is very traumatic for the child and the prospective adoptive parents.2. The fact that if parents are not identified, it is not possible to obtain information about their medical history and other background information and the child and his or her adoptive parents will be deprived of crucial information which may be relevant to future decisions regarding the child's health and well-being.(B) The adoption service provider shall make a diligent attempt to secure from the placing parent information necessary to allow accurate identification of the other parent. 1. The AD 880 shall be used to collect this information from birth mothers.(7) The fact that the proposed independent adoption will be investigated by the department or delegated county adoption agency and that the birth parent will be interviewed during the investigation. (A) The adoption service provider shall provide the birth parent with the name, address and telephone number of the department or delegated county adoption agency office that will investigate the proposed adoption.(d) The adoption service provider shall give the birth parent the following documents at the initial session: (1) Documents provided for the birth parent's review:(A) The relevant Statement of Understanding with the personal knowledge section completed.(B) The relevant Independent Adoption Placement Agreement.(2) Documents which the birth mother shall be given with the request that she complete them, possibly with the assistance of family members, prior to signing the Independent Adoption Placement Agreement:(B) If the birth father has not been advised, the AD 67A with the request that the birth mother provide as much information as possible.(3) Documents which the birth father shall be given with the request that he complete them, possibly with the assistance of family members, prior to signing the Independent Adoption Placement Agreement: (B) If the birth mother has not been advised, the AD 67 with the request that the birth father provide as much information as possible.Cal. Code Regs. Tit. 22, § 35094.2
1. New section filed 12-29-94; operative 1-1-95 (Register 94, No. 52).
2. Editorial correction of HISTORY 1 (Register 95, No. 13). Note: Authority cited: Section 8621, Family Code; Sections 10553 and 16118, Welfare and Institutions Code. Reference: Sections 7663, 8502, 8801.3, 8801.5, 8801.7, 8802, 8817 and 8818, Family Code.