Court Reports for an Independent Adoption
0200-507.30 | Revision Date: 7/1/2014

Overview

This policy guide provides instructions that Adoption and Permanency Resource Division (APRD) CSW’s must follow to complete the independent adoption court report, finalize the adoption, what to do if there are concerns regarding the suitability of the petitioners or the care the child is receiving, and what to do when an amendment is needed or when consent is withdrawn or dismissed.

Table of Contents

Version Summary

This policy guide was updated from the 03/05/12 version, as part of the Policy Redesign, in accordance with the DCFS Strategic Plan.

POLICY

Final Independent Adoption Court Reports

Final independent adoption reports are submitted to the court once:

  • The assessments have been completed
  • Consent(s) has been obtained
  • Actions have been taken to free the child for adoption

The final adoption report must be submitted to the court by the APRD CSW within 180 days of the filing of the adoption petition unless an extension has been granted or it was determined that the court should be informed of other pertinent information. Supplemental reports must be submitted prior to the final adoption hearing.

Approval of Adoption Petitions

The following recommendations are used for determining whether or not to grant the petition:

Recommendation

Reason for Recommendation

Approval

  • Positive assessment
  • All parental consents are received

Conditional Approval

  • Positive assessment
  • There is a question regarding the validity of a consent or one or more consent has not been received
  • Conditional Approval can also be used if one of the home study documents is pending and the petitioner(s) agree to present the document at the court hearing

Approved with Reservations

  • Adequate assessment
  • There are concerns that should be presented to the court for consideration

Denial

  • Little to no cooperation by the petitioner(s)
  • All relevant documents were not received
  • A child age twelve (12) or older does not want to be adopted
  • Birth parent refuses to give consent to the adoption
  • There is an adverse situation which suggests that adoption may not be in the child’s best interest

Denial in Lieu of Dismissal

  • Little to no cooperation by the petitioner(s)
  • All relevant documents were not received
  • This recommendation provides the attorney of record the opportunity to contest, re-file, or submit the appropriate documents to the court.

Dismissal

  • Attorney of record requests that the petition be dismissed
Prior to the final decree of adoption, if the birth parent indicates orally or in writing that he/she wishes to revoke his/her consent, he/she has not signed a waiver of the right to revoke consent, and the revocable consent to the adoption has not become permanent, the consent can be withdrawn.  If consent is withdrawn, the child will immediately be returned to the birth parent making the request (this is usually handled by an Adoption Service Provider or the caregiver).  If the caregiver(s) of the child has concerns that the birth parent(s) requesting the return of the child are unfit or present a danger or harm to the child, the caregiver(s) must report his/her concern to the investigating agency and to DCFS (these concerns cannot be a basis for failure to immediately return the child).

Concerns about Suitability of Petitioner(s)/Care Child is Receiving

If there are serious concerns regarding the suitability of the petitioner(s), the care the child is receiving, or there is suspicion that the petitioner(s) have endangered the physical or mental health of the child by abuse or neglect, CSWs must immediately consult with their SCSW and (unless otherwise directed), make a child abuse report to the Child Protection Hotline (CPH).

 

Petitioner(s) Requests to Withdraw or Dismiss a Petition

Prior to the finalization of the adoption, petitioner(s) can withdraw or request dismissal of the adoption petition.

PROCEDURE

Amending the Petition

Independent APRD CSW Responsibilities

  1. Review the case records and information. If there are any discrepancies in the child’s legal name, petitioner's legal name, etc.:
    • Notify the petitioner's attorney of record or the petitioner(s) directly (if there is no known attorney of record). They will amend the petition.
  2. If the petitioner’s attorney of record or the petitioner(s) (if there is no known attorney or record) do not amend the petition:
    1. Complete the DCFS/A I 10, Request to Amend Adoption Petition
    2. Send the DCFS/A I 10 to the petitioner’s attorney of record or the petitioner(s) (if there is no known attorney of record)

Completing the Final Adoption Court Report

Independent APRD CSW Responsibilities

  1. Upon completing the assessment, and within 180 days of filing the adoption petition (unless an extension has been granted by the court and there is a continuance for more than 180 days), complete the:
    1. DCFS/A I 24, Final Report for an Independent Adoption (if our Department completed the assessment of the petitioner(s)
    2. DCFS/A I 400, Post-Placement Final Report for an Independent Adoption (if the assessment of the petitioner(s) was provided by a private adoption agency or an Adoption Service Provider)
  2. Include the following information in the report:
    • A summary of the facts disclosed by the assessment
    • An evaluation of the facts based on current information that is substantiated in the case record, and current criminal record, Child Abuse Central Index (CACI) Clearance information, other state child abuse registries for the petitioner(s), and any adult age eighteen (18) or older that resides in the home, and the JAI clearance for any child age fourteen (14) or older that resides in the home.
      • If the petitioner(s) or any adult age eighteen (18) or older residing in the home has a record of criminal or violent behavior, include conclusions regarding the petitioner(s) ability to provide appropriate parenting and a stable home environment for the child in the report.
      • If a child, age fourteen (14) or older residing in the home has a record of criminal or violent behavior, use the report to include an assessment regarding the petitioner(s) ability to provide a safe home environment for the adopted child with this child in the home.
      • A recommendation regarding the granting of the petition
  3. Complete the AD 42 I, Independent Adoption Program – Individual Case Report and submit the draft of the report and related documentation to the SCSW for approval.
    • Upon approval, the SCSW will initial the draft and forward it to the Adoption Assistant (AA) who will verify that the agreed upon adoption fee has been paid in full.  If the fee has not been paid, the draft will be marked "not paid" and returned to the SCSW.
  4. Upon approval by the SCSW, file a copy of the report in the case record.

Independent APRD SCSW Responsibilities

  1. Review the DCFS/A I 24, AD 42 I, and related documentation.
    1. If approved, sign the DCFS/A I 24 and forward it to the Adoption Assistant (AA).
      • The AA will send one (1) copy to the Court Clerk, one (1) copy to the attorney, and one (1) copy to the petitioner(s) if he/she is acting in pro per (on their own). The AA will also return a copy to the CSW.
    2. If not approved, return to CSW for corrective action.
    3. If "denial" or "denial in lieu of dismissal" has been recommended, send one (1) copy to each birth parent (if his/her whereabouts are known).

Concerns Regarding Suitability of Petitioner(s)/Care Child is Receiving/Birth Parent was not Advised of their Rights

Independent APRD CSW Responsibilities

  1. If there are serious concerns regarding the suitability of the petitioner(s), the care the child is receiving, or there is suspicion that the petitioner(s) have endangered the physical or mental health of the child by abuse or neglect, immediately consult with the SCSW and (unless otherwise directed), immediately make a child abuse report to the Child Protection Hotline (CPH).
  2. Immediately after making the report to CPH, complete a progress report using the DCFS/A I 26, Progress Report for an Independent Adoption. Include the following information in the Report:
    • The basis for the concerns regarding the suitability of the petitioner(s) or the care provided to the child, and the outcome of the referral to the CPH.
    • A request to the court for direction, if appropriate, regarding the situation giving rise to the concern.
    • A recommendation regarding the granting of the petition.
  3. If you believe that the birth parent was not adequately advised of his/her rights prior to placement of the child, immediately notify the court by completing the DCFS/A I 26.
  4. Submit a draft of the DCFS/A I 26 to the SCSW for approval.
  5. Upon approval by the SCSW, file a copy of the report in the case record.

Independent APRD SCSW Responsibilities

  1. Review the DCFS/A I 26.
  2. Review the DCFS/A I 24, AD 42 I, and related documentation.
    1. If approved, sign the DCFS/A I 24 and forward it to the Adoption Assistant (AA).
      • The AA will send one (1) copy to the Court Clerk, one (1) copy to the attorney, and one (1) copy to the petitioner(s) if he/she is acting in pro per (on their own). The AA will also return a copy to the CSW.
    2. If not approved, return to CSW for corrective action.
    3. If "denial" or "denial in lieu of dismissal" has been recommended, send one (1) copy to each birth parent (if his/her whereabouts are known).

Petitioner(s) Moving Out-of-State

Independent APRD CSW Responsibilities

  1. If you become aware that the petitioner(s) are considering moving out-of-state prior to the adoption being finalized, refer to the Interstate Compact on the Placement of Children (ICPC) for guidance.
  2. If the petitioner(s) move out of state prior to the adoption being finalized and after the final adoption report has been submitted, complete the DCFS/A I 26, Progress Report for an Independent Adoption, informing the court of the move and refer to procedures in Interstate Compact on the Placement of Children (ICPC).

Independent APRD CSW Responsibilities

  1. If consent is withdrawn prior to the final decree of adoption, immediately return the child to the birth parent making the request (this is usually handled by an Adoption Service Provider or the caregiver).
    • If the caregiver(s) of the child has concerns that the birth parent(s) requesting the return of the child are unfit or present a danger or harm to the child, the caregiver(s) must report his/her concern to the investigating agency and to DCFS (these concerns cannot be a basis for failure to immediately return the child).
  2. If the caregiver(s) of the child report concerns that the birth parent(s) requesting return of the child are unfit or present a danger of hardship to the child, consult with the SCSW and (unless otherwise directed) make a child abuse report to the Child Protection Hotline (CPH).
  3. Immediately after making the report, complete the DCFS/A I 24, Final Report for an Independent Adoption.
  4. Upon approval by the SCSW, file a copy of the report in the case record.

Independent APRD SCSW Responsibilities

  1. Review the DCFS/A I 24, AD 42 I, and related documentation.
    1. If approved, sign the DCFS/A I 24 and forward it to the Adoption Assistant (AA).
      • The AA will send one (1) copy to the Court Clerk, one (1) copy to the attorney, and one (1) copy to the petitioner(s) if he/she is acting in pro per. The AA will also return a copy to the CSW.
    2. If not approved, return to CSW for corrective action.
    3. If "denial" or "denial in lieu of dismissal" has been recommended, send one (1) copy to each birth parent (if his/her whereabouts are known).

Petitioner(s) Requests Withdrawal or Dismissal of Petition

Independent APRD CSW Responsibilities

Prior to the finalization of the adoption, petitioner(s) can withdraw or request dismissal of the adoption petition. If a petitioner(s) withdraws or requests dismissal of an adoption petition:

  1. Discuss with the petitioner(s) whether he/she wishes to have the child remain in his/her home:

Petitioner's Wishes

Action Steps

If the petitioner(s) wish to have the child remain in his/her home

  • Refer petitioner(s) who are not related to the child to Community Care Licensing for foster care licensure
  • Discuss with the petitioner(s) and birth parent(s) the possibility and desirability of securing legal guardianship of the child.

If the petitioner(s) do not want the child to remain in his/her home and you believe that returning the child to the parent would place the child in danger of cruelty/neglect/abuse/exploitation

  • Consult with the SCSW

If the petitioner(s) do not want the child to remain in his/her home and the parent(s) whereabouts is unknown

  • Consult with the SCSW and (unless otherwise directed),
  • Develop a plan to commit the child to DCFS after obtaining approval from CDSS, and the Adoptions Services Bureau.
  • Once approval has been obtained, recommend commitment.
  1. Complete a DCFS/A I 38, Denial/Dismissal Report for an Independent Adoption, recommending the petition be denied.
  2. Complete the AD 42 I, Final Report for an Independent Adoption, and submit the draft of the report and related documentation to the SCSW for approval.
    • Upon approval, the SCSW will initial the draft and forward it to the Adoption Assistant (AA) who will verify that the agreed upon adoption fee has been paid in full.
  3. Upon approval by the SCSW, file a copy of the report in the case record.

Independent APRD SCSW Responsibilities

  1. Review the DCFS/A I 38
    • If approved, sign the DCFS/A I 38 and forward it to the Adoption Assistant (AA) for mailing.
  2. Review the DCFS/A I 24, AD 42 I, and related documentation.
    1. If approved, sign the DCFS/A I 24 and forward it to the Adoption Assistant (AA).
      • The AA will send one (1) copy to the Court Clerk, one (1) copy to the attorney, and one (1) copy to the petitioner(s) if he/she is acting in pro per (on their own). The AA will also return a copy to the CSW.
    2. If not approved, return to CSW for corrective action.
    3. If "denial" or "denial in lieu of dismissal" has been recommended, send one (1) copy to each birth parent (if his/her whereabouts are known).

Adoption is Finalized

Independent APRD CSW Responsibilities

  1. File the final adoption order in the case record.
  2. Submit the case record to the Adoption Assistant (AA).
    • The AA will close the case.
APPROVALS

SCSW Approval

  • DCFS/A I 24
  • DCFS/A I 26
  • DCFS/A I 38
HELPFUL LINKS

Forms

LA Kids

DCFS/A I 400, Post-Placement Final Report for an Independent Adoption

DCFS/A I 26, Progress Report for an Independent Adoption

DCFS/A I 38, Denial/Dismissal Report for an Independent Adoption

Hard Copy

DCFS/A I 10, Request to Amend Adoption Petition

DCFS/A I 24, Final Report for an Independent Adoption

AD Forms (accessible through the State CDSS Forms Index)

AD 20, Refusal to Give Consent to Adoption

AD 20B, Refusal to Give Consent to Adoption – Alleged Natural Father

AD 42 I, Independent Adoption Program – Individual Case Report

REFERENCED POLICY GUIDES

0050-501.10, Child Abuse and Neglect Reporting Act (CANRA)

0070-559.10, Clearances

0100-525.10, Interstate Compact on the Placement of Children (ICPC)

0200-507.15, Assessing a Petitioner(s) for an Independent Adoption

1200-500.05, Adopting and Serving Children Under the Indian Child Welfare Act (ICWA)

STATUTES AND OTHER MANDATES

California Department of Social Services (CDSS), Manual of Policies and Procedures (MPP), Title 22, Division 2, Adoptions Manual, Subchapter 4, Section 35123 – Summarizes the steps for completing the Court Report and filing for an Independent Adoption.

CDSS MPP, Title 22, Division 2, Adoptions Manual, Subchapter 4, Section 35125 – Summarizes the process of planning for a child when consent is withdrawn, the petition is withdrawn or dismissed, or the agency recommends removal of the child in an Independent Adoption.

CDSS MPP, Title 22, Division 2, Adoptions Manual, Subchapter 4, Section 35126 – Summarizes procedures for when an agency recommends denial or dismissal of an adoption petition.

Family Code (FAM) Section 8804 – Summarizes procedures when the petitioner withdraws the petition

FAM Section 8805 – States that if court sustains the recommendation that the child be removed from the home, the court shall commit the child to the care of the department or delegated county adoption agency.

FAM Section 8807(b) – States that in cases where the investigation establishes that there is a serious question concerning the suitability of the petitioner(s), the care provided to the child, or the availability of the consent to adoption, the report must be filed immediately.

FAM Section 8815 – Summarizes when a withdrawal of consent is valid.

FAM Section 8822 – States after a denial or withdrawal of the petition, the court shall set a date for a hearing of the petition.

FAM Section 8918 – States that, at the hearing, if the court sustains the recommendation that the child be removed from the home of the petitioner(s) because the licensed adoption agency has recommended denial, the petitioner(s) moves to withdraw the petition, or the court dismisses the petition and does not return the child to the child’s parents, the court must commit the child to the care of the licensed adoption agency to arrange adoptive placement or to make a suitable plan.