(a) The agency may conduct an abbreviated assessment under any of the following conditions:
(1) The applicant is the current care giver of the child to be adopted, and
(A) Is licensed or certified as a foster family home, and
(B) Has cared for the child, under the supervision of an adoption or child welfare agency, for at least six months.
(2) The applicant is an existing relative caregiver or nonrelated extended family member of the child to be adopted who was assessed under Welfare and Institutions Code section 361.3, and written documentation of the assessment is available to the adoption agency.
(3) The applicant is a court-approved relative guardian of the child and has had physical custody of the child for at least one year.
(4) The applicant has successfully completed a prior agency, independent or intercountry adoption in California within the last two years and both of the following conditions exist:
(A) An approved written assessment was made as required by Section 35180 (agency), Section 35081 (independent), or Section 35257 (intercountry).
(B) The written assessment document is available to the agency completing the current assessment.
(b) The agency shall have at least one face-to-face contact with each applicant for the purpose of interviewing the applicant for the assessment.
(1) The contact shall include, at least, all the following:
(A) One interview in the home of the applicant.
(B) A separate face-to-face interview with each applicant.
(C) A face-to-face interview with all individuals residing in the household, including the child to be adopted.
(2) The contact shall include additional interviews as necessary.
(c) The agency shall obtain the following information from the applicant:
(1) Identifying information:
(A) Full name, including aliases and maiden names.
(B) Current address and telephone number.
(C) Date of birth.
(D) Sex.
(2) Blood relationship to child, if any.
(3) Religion, if any.
(4) The following information only if it is not documented in previous assessments or, in the judgment of the agency, the applicant's circumstances have significantly changed since the previous assessment:
(A) Name and address of employer and length of time employed or most recent income tax return if self employed.
(B) Marriage certificate, if married, and verification of termination of prior marriages.
1. Any marriages and dissolutions occurring before a prior California adoption shall be assumed to have been valid at the time of the prior adoption.
2. When verification of the dissolution of all marriages of the applicants is not possible, the marriages preceding a verified divorce decree shall be assumed to be validly dissolved.
(C) Names, dates of birth and location of any minor children of the applicant who are not living in the home of the applicant.
(5) Names, date of birth, sex and relationship of other individuals in the home.
(6) Report of a medical examination of each applicant.
(A) The report shall be completed by a licensed physician or a nurse practitioner or physician's assistant practicing under a licensed physician.
(B) The report shall be completed no more than six months before the date of the application to adopt.
(C) The agency may substitute a health questionnaire completed by the applicant for the medical report if both of the following conditions exist:
1. The applicant is the current care giver or a relative seeking to adopt a specific child, and
2. The completed questionnaire does not, in the agency's judgment, identify indicators requiring further evaluation or report.
a. If in the agency's judgment, sufficient additional information is obtained from the physician who has been treating a specific condition identified in the questionnaire, additional medical examination is not necessary.
(7) A certificate for each adult residing in the home stating that the individual is free from communicable tuberculosis.
(8) The name of at least one individual to be contacted by the agency for the purpose of obtaining a reference.
(9) The results of a screening for any criminal background of the applicant and any other adults residing in the home.
(10) The results of out of state child abuse registry checks for the applicant and any adult in the household who has lived in another state in the preceding five years.
(11) The results of a screening for prior referrals for child abuse or neglect.
(12) Authorization for information from additional sources to be released to the agency, as necessary to complete the assessment.
(13) Authorization for the agency to release a copy of the written assessment to other adoption and child welfare agencies for the purpose of matching the applicant with a child for adoption, if the applicant is seeking to adopt a child who is not already living in the applicant's home.
(14) The name of the agency that completed any prior assessment related to the care of a child as identified in Section 35183(a) and the approximate date the assessment was completed.
(A) Authorization for the agency to obtain the prior assessment.
(d) In assessing the adoptive applicant who meets the requirements for an abbreviated assessment as specified in Section 35183(a), the agency shall consider the following factors for the applicant, as well as for any children or other adults residing in the home:
(1) Any changes in circumstances since the prior assessment which the agency considers significant and which shall include, at least, all of the following:
(A) Marital status.
(B) Family constellation.
1. If the applicant adopted previously, the adjustment of the child and family to the adoption.
(C) Household membership.
(D) Employment and income.
(E) Health.
(F) Housing.
(G) Results of a screening for any criminal record or child abuse index report.
(2) Any factors which, in the agency's judgment, affect the potential safety and stability of a child placed with the applicant, including disciplinary practices.
(3) A determination of the applicant's commitment and capability to meet the needs of a child including both of the following:
(A) Basic needs.
(B) The specified needs of an identified child related to the assessment of the child under Section 35127.1 and Section 35127.2.
(4) Understanding of the legal and financial rights and responsibilities of adoption and of the differences inherent in an adoptive parenting relationship.
(5) If a specific child has been identified, the nature of the relationship with the child who is to be adopted, including the duration and character of the relationship and the motivation for seeking adoption of the child.
(6) The preparation or plan the applicant has made for care of the minor in the event of death or incapacity of the adoptive parent or parents.
(7) The ability of the applicant to work with a child welfare agency in support of a case plan for a child who is a dependent of the juvenile court.
(A) Whether the applicant is willing and able to be a permanency planning family.
(e) If the adoptive applicant is a relative, the agency shall consider the nature of the relationship the relative applicant has with the birth parent or other extended family member.
(f) The agency shall consider whether the applicant would like to enter into a post-adoption contact agreement and, if so, the kind of post-adoption contact the applicant would like to have with the birth parent, other family member, or the child's Indian tribe.
(g) If the applicant is the current care giver of the child to be adopted, the agency shall consider the following:
(1) The adjustment of the child and the family since the child joined the family.
(2) The applicant's understanding of and ability to meet the needs of the child, including any special needs.
(3) The nature of the relationship or contact, if any, between the applicant and the child's birth parents, any of the child's siblings or half-siblings not residing with the child, or extended family members and plans for any ongoing contact.
(4) The applicant's understanding of the child's needs and the circumstances which led to the child's out-of-home placement.
Credits
Note: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code; Section 1530, Health and Safety Code; and Section 8621, Family Code. Reference: Section 8616.5, Family Code; and Sections 361.5, 366.21 and 366.22, Welfare and Institutions Code.
History
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. Change without regulatory effect amending Note filed 8-2-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 52).
3. Change without regulatory effect amending Note filed 3-27-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 13).
4. Repealer of article 6 and repealer and new 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.
5. Repealer of article 6 and repealer and new 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.
6. Certificate of Compliance as to 11-24-98 order, including amendment of section, transmitted to OAL 3-25-99 and filed 5-3-99 (Register 99, No. 19).
7. Amendment of subsections (c) and (c)(9), new subsection (c)(10) and subsection renumbering filed 6-23-2015; operative 10-1-2015 (Register 2015, No. 26).
8. Amendment of subsection (e), repealer of subsections (e)(1)-(2), new subsection (f), subsection relettering and amendment of Note filed 1-15-2019; operative 4-1-2019 (Register 2019, No. 3).
9. Amendment of subsection (a)(2), repealer of subsection (a)(3), new subsections (a)(3)-(a)(4)(B) and amendment of subsection (d)(2) filed 10-31-2022; operative 1-1-2023 (Register 2022, No. 44).
This database is current through 6/14/24 Register 2024, No. 24.
