Cal. Code Regs. tit. 22 § 35203

Current through Register 2024 Notice Reg. No. 41, October 11, 2024
Section 35203 - Supervision of the Adoptive Placement
(a) (Reserved)
(b) After the signing of the adoptive placement agreement, the agency shall supervise the adoptive placement.
(c) The agency shall supervise the adoptive placement for a period of six months except in any of the following circumstances:
(1) The prospective adoptive parent had an approved assessment and successfully completed the adoption of another child in California within the past five years and the placement was supervised by an agency.
(2) The prospective adoptive parent is commissioned or enlisted in the military service, or auxiliary of the United States, or is engaged in service on behalf of any governmental entity of the United States, or employed by the American Red Cross, or in any other recognized charitable or religious organization, whereas, completion of the six month supervisory period would delay completion of an adoption which the agency has determined should be completed.
(3) The child to be adopted is a foster child of the prospective adoptive parent whose foster care placement has been supervised by an agency before the signing of the adoptive placement agreement in which case the supervisory period may be shortened by one month for each full month that the child has been in foster care with the family.
(A) If the placement of a child was a voluntary foster care arrangement with no supervision by an agency, the adoptive placement shall be subject to a full six-month period of supervision that shall begin at the time the adoptive placement agreement is signed.
(4) The child to be adopted was a foster child placed with a relative or a relative of the child's half sibling whose foster care placement has been supervised by an agency before the signing of the adoptive placement agreement in which case the supervisory period may be shortened by one month for each full month that the child has been in foster care with the relative.
(5) If the placement of a child with a relative or a non-relative was intended to be an independent adoption and the placement is converted to an agency placement, it shall be subject to a full six-month period of supervision that shall begin at the time a new adoptive placement agreement is signed.
(d) The agency shall conduct a minimum of four visits during the supervision of the adoptive placement. At least one of these visits is to be held in the home with the prospective adoptive parent and the child.
(1) The agency may reduce the number of visits, but shall not eliminate the one visit in the home, when the prospective adoptive parent:
(A) Completed the adoption of another child in California whose placement was supervised by an agency within the last five years and has an approved assessment satisfying the criteria set forth in Sections 35180 and 35181, or
(B) Has been the foster parent of the child to be adopted for at least six months in a placement supervised by an agency and has an approved assessment satisfying the criteria set forth in Sections 35180 and 35183, or
(C) Has been the relative care giver of the child to be adopted for at least six months in a placement supervised by an agency and has an approved assessment satisfying the criteria set forth in Sections 35180 and 35181 or Section 35183 or Section 35183.1, or
(D) Has been the foster parent of the child to be adopted for less than six months in a placement supervised by an agency and has an approved assessment satisfying the criteria set forth in Sections 35180 and 35181 or Section 35183 or Section 35183.1.
1. Only two of all visits made during the foster care placement may be counted toward the four required visits under the adoptive placement supervisory period.
(E) Has been the relative care giver of the child to be adopted for less than six months in a placement supervised by an agency and has an approved assessment satisfying the criteria set forth in Sections 35180 and 35181 or Section 35183 or Section 35183.1.
1. Only two of all visits made during the foster care placement may be counted toward the four required visits under the adoptive placement supervisory period.

Cal. Code Regs. Tit. 22, § 35203

1. 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. For prior history, see Register 96, No. 21.
2. 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.
3. Certificate of Compliance as to 11-24-98 order, including amendment of subsections (d)-(d)(1)(C), new subsections (d)(1)(D)-(d)(1)(E)1. and repealer of subsection (d)(2), 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 Section 8621, Family Code. Reference: Sections 7893 and 8704, Family Code; 25 U.S.C. 1901 et seq.; and Section 361.3 Welfare and Institutions Code.