Section 35129.2 - Advisement of the Parent Whose Child Has Been Removed from the Parent's Care(b) When advising a mother or presumed father who is considering the relinquishment of a child who is detained, a juvenile court dependent in out-of-home care, or the ward of a legal guardian, the agency shall inform the birth parent of: (1) The parent's right to seek legal counsel from the attorney representing him or her in the dependency case to assist him or her in the relinquishment process or in regaining custody of the child. (A) The agency shall encourage the parent to discuss the decision to relinquish with his or her attorney.(B) The agency shall inform the parent that the relinquishment is only valid if the court approves the relinquishment per Family Code section 8700(i).(C) If the child is the subject of a guardianship, the parents shall be referred to legal counsel as specified in Section 35129.1(b)(1).(D) A relinquishing parent who is a minor, has a right to relinquish their child for adoption to the department, county adoption agency, or licensed adoption agency. The agency shall inform the parent:1. The relinquishment is not subject to revocation by the relinquishing parent by reason of minority.2. The relinquishment is not subject to revocation because the relinquishing minor's parent or guardian was not served with notice of the adoption, unless the minor parent had previously provided written authorization to serve their parent or guardian with the notice.(2) The reason, if any, the agency believes the parent is a presumed father of the child. (B) The agency shall explain that if he does not believe he is the father, but agrees to the adoption, he may: 1. Sign a relinquishment document stating that, although he is relinquishing his parental rights, he does not believe that he is the father of the child.2. File a petition with the court asking the court to determine that he is not the child's father.(3) The possible availability of child welfare and other services to assist the parent in obtaining the resources and skills necessary to parent the child. (A) The availability of such services is determined by the child's juvenile court status.(B) The parent shall be referred to his or her child welfare services social worker if he or she either: 1. Wants more information regarding available services before deciding whether to relinquish the child, or2. Does not want to relinquish the child.(C) If the child is the subject of a guardianship established by the juvenile court, the parent shall be referred to the child welfare services social worker or unit that would initiate an action to reestablish dependency pursuant to Welfare and Institutions Code Section 366.3(c).(D) If the child is the subject of a guardianship established by the probate court, the parent shall be referred to services as specified in Section 35129.1(b)(2).(4) Alternative forms of adoption, including a description of the full procedures and time frames involved in each type, as described in Section 35129.1(b)(4).(5) The agency's adoption plan for the child. (A) The agency shall advise the parent regarding the extent to which the agency will allow his or her participation in the selection of the adoptive family.(6) The fact that the juvenile court may terminate the parent's parental rights if the court determines that reunification is not possible and that the parent has the right to seek legal counsel from his or her attorney in the dependency case to contest and appeal any such action taken by the court.(7) The rights and responsibilities of the parent as outlined on the Statement of Understanding. (C) The agency 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.(D) The agency shall answer any questions the birth parent has about the meaning of any items.(c) When advising an alleged natural father of a child who is detained, a juvenile court dependent in out-of-home care, or the ward of a legal guardian, the agency shall inform the alleged natural father of:(1) The reason the agency considers him to be the alleged natural father and that he may: (A) File a petition with the juvenile court to establish paternity if he wishes to take parental responsibility for the child, 1. If the child is the subject of a guardianship established by the probate court, the petition is filed in the family court.(C) Waive his rights to further notice of the adoption proceedings,(D) Sign a relinquishment, or(2) His right to seek legal counsel to assist him in taking any of the actions described in Section 35129.2(b)(1). (A) Upon his request, the agency shall refer him to legal resources, including:1. Attorney referral services,3. Other known public legal assistance.(3) The possible availability of child welfare and other services to assist the parent in obtaining the resources and skills necessary to parent the child. (A) The availability of such services is determined by the child's juvenile court status and the father's legal relationship to the child.(B) The alleged natural father shall be referred to the child's child welfare services social worker if he either: 1. Wants more information regarding available services before deciding whether to relinquish the child, or2. Does not want to relinquish the child.(C) If the child is the subject of a guardianship established by the juvenile court, the parent shall be referred to the child welfare services social worker or unit that would initiate an action to reestablish dependency pursuant to Welfare and Institutions Code Section 366.3(c).(D) If the child is the subject of a guardianship established by the probate court, the parent shall be referred to services as specified in Section 35129.1(b)(2).(4) Alternative forms of adoption, including a description of the full procedures and time frames involved in each type, as described in Section 35129.1(b)(4).(5) The agency's adoption plan for the child. (A) The agency shall determine which of the actions in Section 35129.2(b)(1) the alleged natural father wishes to take.(B) Advise the father regarding the extent to which the agency will allow his participation in the selection of the adoptive family.(6) The fact that the juvenile court may terminate his parental rights if he seeks to establish paternity or if he takes no action and that he has the right to seek legal counsel to contest and appeal any such action taken by the court.(7) The rights and responsibilities of the alleged natural father as outlined on the Statement of Understanding. (C) The agency shall review each item on the Statement of Understanding with the alleged natural father to be certain that he understands the meaning of each item.(D) The agency shall answer any questions the alleged natural father has about the meaning of the items.Cal. Code Regs. Tit. 22, § 35129.2
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.
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 transmitted to OAL 3-25-99 and filed 5-3-99 (Register 99, No. 19).
4. Amendment of subsection (b)(1)(B), new subsections (b)(1)(D)-(b)(1)(D)2. and amendment of NOTE filed 10-31-2022; operative 1-1-2023 (Register 2022, No. 44). Note: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code; and Sections 8621, 8710 and 9202, Family Code. Reference: Sections 1798.24(r) and (s), Civil Code; Sections 8608, 8616.5, 8700, 8701, 8702, 8703, 8704, 8706, 8708, 8709, 8710, 8711, 9202, 9203, 9204 and 9206, Family Code; and Section 10850(b), Welfare and Institutions Code.
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.
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 transmitted to OAL 3-25-99 and filed 5-3-99 (Register 99, No. 19).
4. Amendment of subsection (b)(1)(B), new subsections (b)(1)(D)-(b)(1)(D)2. and amendment of Note filed 10-31-2022; operative 1/1/2023 (Register 2022, No. 44).