Statutes, codes, and regulations
California Code Of Regulations
Title 22 - Social SecurityDivision 2 - Department of Social Services-Department of Health ServicesPart 2 - Health and Welfare Agency-Department of Health Services RegulationsSubdivision 4 - Institutions and Boarding Homes for Persons Aged 16 and AboveChapter 3 - Adoptions Program Regulations [Renumbered]Subchapter 5 - Procedures for Agency Adoptions
Article 11 - Assessment of the Applicant
Section 35180 - Written Assessment of the Adoptive Applicant and Documentation

Cal. Code Regs. tit. 22 § 35180

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Current through Register 2024 Notice Reg. No. 44, November 1, 2024
Section 35180 - Written Assessment of the Adoptive Applicant and Documentation
(a) The agency shall assess each applicant seeking to adopt a child for whom the agency needs adoptive parents in order to determine the applicant's suitability as a prospective adoptive parent.
(1) A copy of the written assessment of the adoptive applicant shall be retained in the case file and shall include:
(A) Identifying information about the applicant and any children and adults residing in the home:
1. Name.
2. Date of birth.
3. Sex.
4. Relationship, if any, to the child to be adopted.
(B) Summary of the information evaluated.
(C) Social history, including the results of a screening for any criminal background and any referrals for child abuse or neglect.
1. If the child has been living in the applicant's home, a determination that the child has not been abused or neglected by the applicant.
(D) Determination of the applicant's commitment and capability to meet the needs of a child which shall include:
1. Description of the age, race, gender and characteristics of children this family, in the agency's judgment, is likely to be willing and able to parent, and whom the agency will consider for placement with the applicant, including:
a. Any characteristics of a child for which, in the agency's judgment, the applicant would be unsuitable.
(E) Determination that the applicant's home is safe.
(F) Applicant's understanding of the legal and financial rights and responsibilities in adoption.
1. Statement as to whether the applicant has been provided information about the Adoption Assistance Program.
(G) Any resources, services or training which would assist the adoptive applicant in meeting the needs of a child.
(H) Determination of approval or denial of the application and the reasons for the determination.
(b) An assessment completed as specified in Section 35181 or Section 35183 shall not be used to meet the requirements for an assessment for an Intercountry Adoption pursuant to Section 35257 until it has been updated by an agency licensed to provide intercountry adoption services.

Cal. Code Regs. Tit. 22, § 35180

1. New article 10 (sections 35180-35195) 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.
2. New article 10 (sections 35180-35195) 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.
3. Certificate of Compliance as to 11-24-98 order, including renumbering of former article 10 to article 11 and redesignation of former subsection (a)(2) as subsection (b) and amendment of NOTE, 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 361.5, 366.21 and 366.22, Welfare and Institutions Code; and Section 8715, Family Code.