Releasing Information/Property after an Adoption is Finalized
0200-518.10 | Revision Date: 7/1/2014

Overview

This policy guide provides information on how to release information or personal property after an adoption is finalized.

Table of Contents

Version Summary

This policy guide was updated from the 07/08/13 version, as part of the Policy Redesign, in accordance with the DCFS Strategic Plan. The title of this policy has been changed from Post adoption Services (PAS) Release of Information after the Adoption is Final.

POLICY

Criteria for Releasing Information after an Adoption is Finalized

Services provided to adoptees, birth parent(s), and adoptive parent(s) after an adoption is finalized must include information about the requirements for the release of information from the adoption case record. If adoption records are subpoenaed, the County Counsel must be consulted. Information from an adoption case record must be released to the following parties:

Party

Releasing Requirement(s)

The person to whom the information pertains (e.g. the adoptive applicant(s) or birth parent(s))

  • Upon written request, copies of material submitted or documents signed by the person during the adoption proceedings
  • Upon request, copies of the signed adoption placement agreement and/or other documents submitted by the applicant(s)
  • Information obtained during the applicant assessment with the promise that the source will be confidential and not revealed, unless the denial of the application to adopt was based on this information
  • In that case, the applicant is entitled to have the information to file a grievance.

An adopted person

  • The information must consist only of general background information and must not include or reveal the identity of the birth parent(s).

A child or grandchild of an adopted person

  • The information must not reveal the identity of the adopted person's birth parent(s) and must be limited to medically necessary information pertaining to the birth parent(s).

The juvenile court

The parties who petition the court and obtain a court order

  • The court can order the release of identifying information from the court's adoption file and adoption records, if it finds exceptional circumstances and good cause.

If a medical necessity or other extraordinary circumstance justifies the disclosure of the adoption records, the identity and most current address of a birth parent must be disclosed to the adoptive parent(s) of an adoptee under the age of twenty-one (21).

  • Permission can be given by submitting one (1) of the following forms:
    • AD 908, Adoptions Information Act Statement
    • AD 904, Consent for Contact
    • Notarized statement
  • This only applies if a birth parent has indicated that he/she doe's wishes his/her name or address be disclosed.
  • If the birth parent(s) have previously given written consent to have identifying information released and have received the information contained in medical reports, the complete reports can be given to the requester.

When an inquiry or request is received at the Post adoption Services (PAS) intake line for an adoption that was finalized more than six (6) months ago, an inquiry must be completed by the PAS Duty Adoption Assistant (AA), printed out, and given to the PAS Unit Clerk.

  • If the adoption has been finalized for less than six (6) months, the requester must contact the last APRD CSW assigned to the case.
  • If the Revenue Enhancement Division can respond to the issue, the AA will search for the assigned case-carrying Eligibility Worker (CCEW) on the Adoption Assistance Program (AAP) website, provide the CCEW's name and phone number to the caller, and close the inquiry.
  • If the inquiry is for other post adoption services, the inquiry is flagged for the PAS Duty Worker of the day to follow up.

When release of information requests are received from other states or counties to interview and provide services to birth parent(s), adoptive parent(s) and adoptee(s) who reside in Los Angeles County, a PAS case will be opened. The PAS Unit is thereafter responsible for providing Adoption Assistance Program (AAP) Reassessment Unit services, if requested.

When the person requesting information from an adoption case is not a birth parent, adoptive parent, adoptee, or a sibling of an adoptee, refer to Release of Confidential DCFS Case Record Information.

Release of Medical/Family Background Information

Upon written request, a copy of the medical report on the child's background and the medical background of the biological parent(s) must be provided only to the following persons, per Family Code Section 9202:

  • An adoptee that is eighteen (18) or older
  • An adoptee who is married and who presents a certified copy of his/her marriage certificate
  • An adoptive parent of a child who is under the age of eighteen (18)

If any of the persons above are denied access to a medical report, he/she can petition the court for a review of the adoption agency's decision to deny access.

Release of Identity/Address Information

Adult Adoptees/Birth Parents

An adult adoptee or birth parent can request the other's identity and most current address be disclosed, if he/she has given written consent for the disclosure of that information, per Family Code (FAM) Sections 9203 and 9204. No identifying information can be disclosed if a birth parent(s) has indicated that he/she does not wish for the disclosure. Identify and address information can also be disclosed depending on the consent that was signed by the birth parent(s):

  • If the birth parent(s) signed the AD 908, Adoptions Information Act Statement, the adoptee must be twenty-one (21) years or older.
  • If the birth parent(s) signed the AD 904, Consent for Contact, the adoptee must be eighteen (18) years or older.

DCFS, including APRD staff, cannot solicit or contact a birth parent or an adult adoptee to obtain consent for the release of information, unless the DCFS APRD CSW is appointed by the court as a confidential intermediary for a sibling reunion.

Siblings

An adoption agency must release the names and addresses of siblings to each other provided that:

  • The siblings are each eighteen (18) years or older.
  • The siblings each have filed a written waiver of their right to confidentiality.
  • At least one (1) sibling is an adoptee.

An adoptee or sibling who is under eighteen (18) can file a written waiver of confidentiality for the release of his/her name, address, and phone number under the following circumstances:

  • Provided that the adoptive parent(s) consents.
  • In case of a sibling being under the age of eighteen (18), the sibling's legal parent(s) or legal guardian(s) consents.
  • If the sibling is under the jurisdiction of the dependency court, and has no legal parent(s) or legal guardian(s) who are able to provide consent, the dependency court can provide consent.

Prior to the releasing of names and addresses of the adoptee and the sibling to each other or to the disclosing to the sibling that a waiver has been filed by the adoptee, the identity of the adoptee and the sibling relationship must be verified:

  • The AD 904A, Waiver of Rights to Confidentiality for Siblings, is used for consents signed by adoptees and siblings over the age of eighteen (18).
  • The AD 904B, Waiver of Rights to Confidentiality for Siblings under 18, is used for all consents signed by adoptees and siblings under the age of eighteen (18).

An adoptee or sibling who filed a waiver of confidentiality prior to the availability of the AD 904A or 904B must be advised that it is necessary for him/her to sign an AD 904A or AD 904B.

Adoptee/Sibling Seeking Contact

An adoptee or sibling who seeks contact with another sibling for whom no waiver is on file can petition the court to appoint a confidential intermediary, per FAM Section 9205:

  • If the sibling being sought is the adoptee, the intermediary must be the licensed adoption agency that provided adoption services.
  • If the sibling being sought was formerly a court dependent, but is not the adoptee, the intermediary must be the county child welfare agency that provided services to the dependent child or the licensed adoption agency that provided adoption services to the sibling seeking contact.
    • If the court finds that the licensed adoption agency that conducted the adoptee's adoption is unable, due to economic hardship, to serve as an intermediary, the agency must provide the court with all records related to the adoptee or to the sibling and the court will appoint an alternate confidential intermediary.
    • DCFS can only solicit the execution of a waiver from an adoptee or sibling if it is acting as a court appointed intermediary.

An adoptee or sibling can revoke a waiver of confidentiality by giving written notice to the Department or the California Department of Social Services (CDSS) Adoptions Division.

Foreign Born Adoptees

If the adoptee is foreign born and was the subject of an inter-county adoption, DCFS can fulfill the reasonable efforts requirement by viewing the following information:

  • All information in the agency's case file
  • Any information requested and received from the foreign adoption agency that conducted the adoption, regarding efforts to locate and to obtain the consent of the adoptee, sibling, or adoptive or birth parent(s).

If the information is not in the agency case file, is not received from the foreign adoption agency, or if attempts to locate consent from the adoptee or sibling are unsuccessful, DCFS is relieved of any further obligation to search for the adoptee or the sibling.

Releasing Personal Property

Upon written request, a licensed adoption agency must release any letters, photographs, or other items of personal property in its possession to:

  • An adoptee who has reached age eighteen (18)
  • The adoptive parent(s) of a child who is under eighteen age (18), as long as the person depositing the items did not leave instructions to the contrary
  • The birth parent(s)

All personal property must be accompanied by an AD 4328, Authorization for Release of Personal Items, which is signed by the depositor of the item(s) and which specifies to whom the items can be released. The full names of birth parent(s) or other individuals must be deleted from letters, photographs, or items of personal property before the item(s) is delivered to the requester. DCFS has the right to refuse any item(s) of personal property for deposit that, because of value or bulk, would pose a storage problem.

If there were photographs deposited before 1985, only the following photographs can be released:

  • Photographs of the adoptee that have been requested by the adoptee.
  • Photographs that were deposited in the case record by the adoptee, the adopted parent(s), or the birth parent(s), if there is a letter or documents on file indicating that person's consent to release of the photographs.

DCFS can charge a fee to cover the actual costs of any required services that are in excess of normal DCFS post adoptive services. The fee can be charged to the person placing the personal property or to the person receiving it. The fee can also be waived if it is established that a financial hardship exists.

PROCEDURE

Responding to Requests for Medical or Family Background Information

PAS Adoption Assistant Responsibilities

When an inquiry is received from an adoptee or the adoptive parent of a minor adoptee requesting medical records of the adoptee and/or birth parent(s) after an adoption has been finalized:

  1. Create an inquiry in the Adoption Integrated System (AIS).
  2. Flag it for follow up with the Duty PAS CSW of the day.

PAS Unit Clerk Responsibilities

  1. For PAS intakes other than Adoption Assistance Program (AAP) payment rate review requests, check AIS Master Index to determine if the child's adoption was a prior DCFS case.
    1. If there was a prior DCFS case, request the case from storage.
    2. If not, notify the PAS CSW responsible for the intake.
  2. After the requested case has arrived from storage, inform the PAS SCSW for the case to be assigned.

PAS CSW Responsibilities

  1. Monitor the inquiry log on AIS and complete the following tasks:
    1. Ask the requester to send verification of his/her identity (i.e. a copy of a birth certificate, a valid state driver's license, or an identification card).
    2. Ask the requester if the adoptee/adopted minor child have siblings who were adopted.
      1. If he/she does, ask if they would like to sign an AD 902 Consent for Arranging Contact or an AD 904A, Waiver of Rights to Confidentiality for Siblings, which would allow contact with those siblings.
      2. If the sibling is a minor, explain that the sibling or the sibling's adoptive parent(s) must also sign a consent form in order for contact information to be released.
      3. If necessary, mail the appropriate Consent or Waiver to the requester.
    3. If the requester is an adult adoptee, ask if he/she has signed or would be interested in signing an AD 904 with his/her birth parent(s).
      1. Explain that the birth parent(s) must also sign an AD 904 for contact information to be released.
      2. If necessary, mail the appropriate consent to the requester.
  2. Upon receipt of valid verification of the requester's identity, review all information contained in medical reports in the case file.
    1. Complete a written summary of all non-identifying information, quoting verbatim from any reports and evaluations received.
    2. Exclude names of people and institutions.
    3. Do not interpret or summarize medical terminology or health conditions discussed in the material.
    4. Submit a copy of the summary to the SCSW for approval.
  3. Upon receipt of approval from the SCSW, provide the summary to the adoptee/adoptive parent(s) who requested the information.
  4. Advise the requester to consult his/her physician or mental health professional for further evaluation or interpretation, particularly if the information contains sensitive material.
  5. If the requester had expressed prior interest in signing an AD 904 or AD 904A and if one (1) has not been received, inquire as to the form's status and coordinate a date for receipt.
  6. Record the date, contact, and the method used to provide the information to the requester in the PAS module under the Comments section.
    • Retain a copy of the information in the case record.
  7. Forward the case to the SCSW to close, and return the case record to storage.

PAS SCSW Responsibilities

  1. Assign all intakes received from the Adoption Assistants (AAs) and cases received from storage to the next PAS CSW on rotation.
  2. Upon receipt, review all summaries and documents submitted by the PAS CSW.
    1. For summaries, if appropriate, sign in the approval area and return them to the CSW for delivery to the requester.
    2. If not appropriate, return to the CSW for corrective action.
  3. Review the PAS case comments in AIS.
    1. If appropriate, approve the case closing in AIS and forward the case to the PAS Unit Clerk for return to storage.
    2. If not appropriate, instruct the CSW on corrective action needed.

PAS ARA Responsibilities

  1. Review all summaries and documents submitted by the PAS CSW.
    1. If appropriate, sign in the approval area and return to the SCSW for processing.
    2. If not appropriate, instruct the SCSW on corrective action needed.

SCSWs Responding to Releases of Information, Waivers, and Releases of Personal Property

The following SCSW responsibilities apply to procedures for:

PAS SCSW Responsibilities

  1. Review the PAS case.
    1. If appropriate, approve the written summary prepared by the CSW, and return it to the CSW.
    2. If not appropriate, return the written summary to the CSW for corrective action.
  2. Review the case in AIS.
    1. If appropriate, close the case on the AIS and forward the case to the Adoption Assistant (AA) for return to storage.
    2. If not appropriate, return it to the CSW for further action.

Responding to Requests for Information from Adult Adoptee/Birth Parent(s)

PAS CSW Responsibilities

  1. Contact the requester to discuss the process for release of information.
    1. Ask that the requester send in verification of his/her identity (i.e. a copy of their birth certificate, or a valid driver's license or identification card).
    2. For birth parent(s), after receipt of proof of identity, provide him/her with the AD 902, Consent for Arranging Contact, to complete.
      1. Once the document is received from the birth parent(s), check the face sheet in Adoption Integrated System (AIS) and file it in the case record.
      2. Discuss the birth parent's request and advise him/her that he/she can authorize release of personal identifying information to his/her adult adopted child.
    3. For adoptee's, discuss the adoptee's request and explain that this request is often emotional.
      1. Ask that he/she consider having a support person on hand on the day he/she is to receive whatever information is available.
      2. Advise the adoptee that he/she can authorize release of personal identifying information to his/her birth parent(s).
      3. If the birth parent(s) signed the AD 904, ensure that the adoptee also signs the AD 904.
      4. If the birth parent(s) signed the AD 908, Adoptions Information Act Statement, ensure that the adoptee also signs the AD 908.
      5. Ensure that the AD 904 and the AD 908, if applicable, are signed in the presence of a representative from CDSS, a licensed adoption agency, the county public adoption agency, or a notary public.
    4. For the adult adoptee, ask if he/she has siblings who were adopted.
      • If yes, ask if he/she would like to sign a waiver to disclose his/her name and address to these sibling(s).
    5. Provide the adoptee with the AD 904A to complete and return.
  2. Inform the requester that both designated parties must sign a consent form before DCFS can disclose any identifying information.
  3. Review the case record and face sheet on AIS.
  4. Advise the adoptee/birth parent(s) according to whether he/she has signed a consent authorizing the release of identifying information:

    Status of Consent

    Steps to Take

    The birth parent(s)/adoptee has signed a consent authorizing release of identifying information.

    • Contact the adoptee/birth parent(s) and discuss contact with the adoptee/birth parent(s).
    • If both agree to have contact, provide each with the name and current phone number of the other.
    • Only provide address information with the express verbal consent of the addressee.
    • Facilitate contact as appropriate.

    The birth parent(s)/adoptee has not signed a consent form.

    • Inform the adoptee/birth parent(s) that his/her birth parent(s)/adoptee has not signed a release of information so DCFS cannot give him/her any identifying information.
    • Provide the birth parent(s) with non-identifying information from the case record by mail.
    • Prior to mailing the information, give the adoptee the option of meeting with you in person or by phone to discuss the information, in case the adoptee needs emotional support.

    The adoptee wishes to have his/her contact information disclosed.

    • Mail the most appropriate consents and/or waivers to the adoptee.
  5. Summarize all non-identifying information in the case file to provide to the birth parent(s).
    • Send the summary to the PAS SCSW for review and approval.
  6. Once the requested information is ready, call the requester to let him/her know.
  7. Ask if he/she prefers to receive the information by mail, email, fax, or in person.
  8. If the adoptee prefers an in person meeting to receive the information, schedule an appointment.
  9. Provide the requester with the appropriate, required information, based on the table below:

    Requester

    Required Information to Provide

    Birth parent(s)

    • Non-identifying information from the case record

    Adoptee

    • A list of alternatives for searching and reunions outside of DCFS
  10. Once the AD 904, AD 904A, and/or AD 908A is received from the requester, check the face sheet in AIS and file in the case record.
  11. Inform the requester that the consent for disclosure will be kept in the case file and if his/her birth parent(s)/the adoptee contacts DCFS requesting information about them, he/she will be contacted.
    • Birth parent(s) must sign an AD 904 or AD 908 before contact can be made.
    • Adoptees must sign an AD 904 before contact can be made.
  12. Advice the requester to keep DCFS informed of his/her current name and address.
  13. Inform the requester that he/she has the right to rescind the consent authorizing release of identifying information by mailing a written statement to DCFS APRD withdrawing consent.
  14. If the birth parent(s) no longer consents to the release of his/her name and address to the adoptee, request that he/she mail a written statement withdrawing consent to DCFS APRD.
  15. Document the birth parent's statements in AIS in the PAS module under the Comments section, along with a brief summary of the results.
  16. When the letter is received, file it in the case record.
  17. If the adoptee/birth parent(s) cannot be contacted and his/her address is unknown, look through the case record for other relatives who may know the whereabouts of the birth parent(s).
  18. Complete a DMV and LexisNexis search.
  19. If the adoptee/birth parent(s) cannot be located, provide the requester with his/her name and last known address.
  20. Document all contacts in AIS in the PAS module under the Comments section, and forward the case record to the SCSW to close and return to storage.

Responding to an Adoptee/Sibling who Wishes to Disclose Contact Information to a Sibling

PAS CSW Responsibilities

  1. Upon assignment of a case where an adoptee or sibling requests contact with a sibling:
  2. Call the requester to discuss the process to release information.
  3. Ask that the requester send in verification of his/her identity (i.e. a copy of their birth certificate, or a valid driver's license or identification card).
  4. Upon receipt of valid proof of identity, verify the relationships of the siblings by doing one (1) of the following:
  5. Reviewing documentation in the case record of DCFS including on CWS/CMS, another adoption agency, or county welfare department
  6. Obtaining a copy of the birth certificate of the adoptee or sibling
  7. Obtaining a copy of the marriage certificate or divorce decree for marriage between the birth parent and step-parent
  8. File a copy of any documentation used to verify the requester's identity and the sibling relationship in the case record.
  9. Once the relationship has been verified:
  10. Remind the requester to provide the requester with the appropriate sibling waiver form.
  11. Remind the requester that the form must be signed in the presence of a representative from the California Department of Social Services (CDSS), a licensed adoption agency, the county public adoption agency, or a notary public.
  12. Determine the requester and take the appropriate steps:

    Requester

    Steps to Take

    The requester is eighteen (18) years old or older.

    • Provide him/her with an AD 904A, Waiver of Rights to Confidentiality for Siblings, to complete and return.

    The adoptee or sibling requester is under eighteen (18) years old.

    • Ensure that his/her parent(s) give consent.
    • Provide the adoptive parent(s) or the sibling's legal parent(s) or legal guardian(s) with the AD 904B, Waiver of Rights to Confidentiality for Siblings under 18, to complete and return.

    The sibling requester is under eighteen (18) years old, under the jurisdiction of the dependency court, and has no legal parent(s) or legal guardian(s) able to provide consent.

    • The dependency court can provide consent.
    • Notify the child's attorney of the child's request to complete a sibling waiver form.
    • The child's attorney will submit the necessary petition and sibling waiver form to court requesting permission for the child to disclose his/her name, address, and phone number to his/her adopted sibling.

    The court grants permission for the child to disclose contact information to sibling(s).

    • Part I of the AD 904B must be completed by the hearing officer
    • Part A of the AD 904B must be completed by the child.
    • Once the AD 904B is completed, file the form in the case file.

    The court denied permission for the child to disclose contact information to the sibling(s).

    • Cease further attempts to obtain the consent.
    • Submit the case to the SCSW for closing and return to storage.
  13. Once the AD 904A or AD 904B is received, verify that it is completed accurately, and review supporting documentation, if applicable.
  14. Complete Part B on the AD 904A or Part B and F on the 904B, if applicable.
  15. File the AD 904A or AD 904B in the case file.
  16. Document the contacts with the adoptee, sibling, adoptive parent(s), or legal parent(s) or legal guardian(s), if applicable, in the Adoption Integrated System (AIS) in the PAS module under the Comments section, along with a brief summary of the results.
  17. If the sibling does not have a sibling waiver on file, refer to Assisting a Sibling without a Waiver on File.
  18. If the sibling does have a waiver on file, refer to Assisting an Adoptee/Sibling who has a Waiver on File.
  19. Submit the case to the SCSW to close, and return to storage.

Assisting a Sibling without a Waiver on File

PAS CSW Responsibilities

  1. If an adoptee or sibling wishes to disclose information to a sibling but does not have a waiver on file, inform the adoptee or sibling requester that the sibling sought does not have a waiver on file.
  2. Explain that the adoptee/sibling can petition the court to appoint a confidential intermediary to search for and contact the sought sibling.
  3. Provide the adoptee/sibling with the name and address of the court where the adoptee/sibling's adoption was finalized.
  4. Explain that if the court grants the petition, the confidential intermediary will make all reasonable efforts to locate and obtain the consent of the adoptee, sibling, adoptive parent(s), or legal parent(s) or legal guardian(s), if applicable.
  5. Inform the adoptee or sibling that consent is optional, not required by law, and does not affect the status of an adoption.
  6. If the court does not grant the petition or assign a confidential intermediary:
  7. Document all contacts in the Adoption Integrated System (AIS) in the PAS module under the Comments section, along with a brief summary of the results.
  8. Submit the case to the SCSW to close and return to storage.
  9. If the court grants the petition and assigns DCFS PAS as the confidential intermediary, make all reasonable efforts to locate and obtain a waiver for the sibling being sought.
  10. Follow procedures depending on the circumstances of the adoptee/sibling as follows:

    Adoptee/Sibling Circumstance

    Required Action

    Contact is sought with an adoptee or sibling eighteen (18) years old or older

    Skip to 5

    Contact is sought with an adoptee or sibling under eighteen (18) years of age

    Skip to 6

    A sibling is sought who is:

    • Under eighteen (18) years of age
    • Under the jurisdiction of the dependency court, and
    • Has no legal parent(s) or legal guardian(s) able to provide consent for permission to disclose sibling's contact information

    Skip to 7

    An adoptee is foreign born, was subject to an inter-county adoption, if:

    • Information was not in the agency case file
    • Information has not been received from the foreign adoption agency
    • Attempts to locate and obtain the consent of the adoptee, sibling, or adoptive or birth parent(s) were unsuccessful

    Skip to 8

  11. If contact is sought with an adoptee or sibling eighteen (18) or older:
  12. Notify him/her of the sibling's request for contact information.
  13. Ask the sibling if he/she would like to complete an AD 904A, Waiver of Rights to Confidentiality for Siblings, to grant DCFS permission to disclose his/her name and phone number to the sibling requesting contact.
  14. Explain that the sibling requesting contact has already completed a waiver form allowing the requesting sibling to receive his/her contact information once he/she has completed a waiver.
  15. Inform the sought sibling that consent is optional, not required by law, and does not affect the status of the adoption.
  16. Based on the sibling's response, follow steps below:

    Sibling's Response

    Steps to Take

    The sibling sought does not wish to make contact.

    • Cease any further attempts to obtain the consent.
    • Inform the sibling seeking contact that no contact is desired by the sought sibling.
    • Submit the case to the SCSW for closing and return to storage.

    The sibling sought wishes to have contact.

    • Provide him/her with the AD 904A, Waiver of Rights to Confidentiality for Siblings.
    • Once the AD 904A is received, verify that it is completed accurately and review supporting documentation, if applicable.
    • Complete Part B on the AD 904A, if applicable.
    • File the AD 904A in the case file.
  17. Once both waivers are on file, provide names and phone numbers to both the adoptee and the sibling.
  18. Document the contacts with the adoptee and sibling in AIS on the PAS module under the Comments section, along with a brief summary of the results.
  19. Submit the case to the SCSW to close and return to storage.
  20. If contact is sought with an adoptee or sibling under eighteen (18) years old:
  21. Contact the adoptive parent(s) or the legal parent(s) or legal guardian(s) of the adoptee/sibling to explain that the child's sibling is requesting consent to contact the child.
  22. Inform the adoptive parent(s) or the legal parent(s) or legal guardian(s) that consent is optional, not required by law, and does not affect the status of the child's adoption if he/she has been adopted.
  23. Based on the adoptive parent(s) or the legal parent(s) or legal guardian(s)' response, follow steps below:

    Adoptive Parent/Sibling's Response

    Steps to Take

    The adoptive parent(s), the legal parent(s), or legal guardian(s) grants permission in writing to speak with the child about the sibling's request for contact information.

    • Contact the child.
    • Explain that his/her sibling is requesting contact information for him/her.
    • Inform the child that consent is optional, not required by law, and does not affect the status of his/her adoption is he/she has been adopted.
    • Ask the child whether he/she would like his/her sibling to have his/her contact information and if the child would like to receive his/her sibling's contact information.

    The sought minor sibling wants contact with his/her sibling requesting contact.

    • Provide the child's adoptive parent(s) or the legal parent(s) or legal guardian(s) with an AD 904B, Waiver of Rights to Confidentiality for Siblings under 18, to complete.
    • Once the AD 904B is received, verify that it was completed accurately.
    • Complete Part B and F of the AD 940B, if applicable.

    The sibling sought does not wish to make contact.

    • Cease any further attempts to obtain a waiver, and inform the sibling seeking contact that no contact is desired.
    • Document the contacts with the adoptive parent(s), legal parent(s), or legal guardian(s), as well as the adoptee, and sibling in AIS in the PAS module under the Comments section, along with a brief summary of the results.
    • Submit the case to the SCSW for closing and return to storage.

    If the adoptive parent(s), legal parent(s) or legal guardian(s) declines the request for consent

    • Cease any further attempts to obtain the consent and inform the sibling seeking contact that consent could not be obtained.
    • Document the contacts with the adoptive parent(s), legal parent(s) or legal guardian(s) along with adoptee, and sibling in AIS in the PAS module under the Comments section, along with a brief summary of the results.
    • Submit the case to the SCSW for closing and return to storage.
  24. Once both waivers are on file, provide names and phone numbers to the adoptee and sibling.
  25. If the sibling sought is under eighteen (18) years old, under the jurisdiction of the dependency court, and has no legal parent(s) or legal guardian(s) able to provide consent for permission to disclose sibling's contact information:
  26. Obtain consent through the dependency court by Filing a 388 Petition with the court to get permission to disclose sibling's contact information.
  27. Based on the court's/sibling's response, take the following steps:

    Court/Sibling's Response

    Steps to Take

    The court grants permission to disclose contact information.

    • Contact the child once the hearing office has completed Part I on the AD 904B.
    • Explain to the child that his/her sibling is requesting contact information for him/her.
    • Inform the child that consent is optional, not required by law, and does not affect the status of his/her adoption is he/she has been adopted.
    • Ask the child whether he/she would like his/her sibling to have his/her contact information and if the child would like to receive his/her sibling's contact information.

    The sought minor sibling wants contact with the seeking sibling.

    • Provide the child's adoptive parent(s) or the legal parent(s), or legal guardian(s) with an AD 904B, which was received from court.
    • If the sought sibling is old enough to understand and complete the form:
    • Ask the sought sibling to complete Part A on the AD 904B.
    • Once the AD 904B is received, verify that it is completed accurately.
    • Complete Part B on the AD 904B, if applicable.

    The sibling sought does not wish to make contact.

    • Cease any further attempts to obtain a waiver and inform the sibling seeking contact that no contact is desired.
    • Document the contacts with the adoptive parent(s), legal parent(s) or legal guardian(s), as well as adoptee, and sibling in AIS in the PAS module under the Comments section, along with a brief summary of the results.
    • Submit the case to the SCSW for closing and return to storage.

    The court denies permission to disclosure of contact information for the child.

    • Cease any further attempts to obtain the consent.
    • Submit the case to the SCSW for closing and return to storage.

    If the adoptee is foreign born, was the subject of an inter-county adoption, information was not in the agency case file or has not been received from the foreign adoption agency, or if attempts to locate and obtain the consent of the adoptee/sibling/adoptive or birth parent(s) were unsuccessful

    • Document all contacts in AIS in the PAS module under the comments section, along with a brief summary of the results.
    • Submit the case to the SCSW for closing and return to storage.
  28. If consent is provided by the court, and the sibling wants to provide information, provide the sibling seeking contact with the name, and phone number of his/her sibling.
  29. Additionally, if an adoptee is foreign born, was subject to an inter-county adoption, if information was not in the agency case file or has not been received from the foreign adoption agency, or if attempts to locate and obtain the consent of the adoptee, sibling, or adoptive or birth parent(s) were unsuccessful:
  30. Document all contacts in AIS in the PAS module under the comments section, along with a brief summary of the results.
  31. Submit the case to the SCSW for closing and return to storage.

Assisting an Adoptee/Sibling who has a Waiver on File

PAS CSW Responsibilities

  1. Verify that the adoptee and sibling have either the AD 904A, Waiver of Rights to Confidentiality for Siblings or the AD 904B, Waiver of Rights to Confidentiality for Siblings under 18.
  2. Verify the relationship of the siblings by completing one (1) of the following:
    1. Reviewing documentation in the case record of DCFS including CWS/CMS, another adoption agency, or county welfare department
    2. Obtaining a copy of the birth certificate of the adoptee or sibling
    3. Obtaining a copy of the marriage certificate or the divorce decree for marriage between the birth parent and the step-parent
  3. File a copy of any documentation used to verify the sibling relationship in the case record.
  4. Once the relationship has been verified and the adoptee and sibling both have a waiver form on file, release the name and phone numbers to the adoptee and sibling.
    1. Provide only the sibling's name and phone number to the sibling.
      • Address information can only be provided with the express verbal consent of the addressee.
    2. Facilitate contact, if appropriate.
  5. When services have been completed, document the contacts with the adoptee and sibling in the Adoption Integrated System (AIS) in the PAS module under the Comments section.
  6. Submit the case to the SCSW to close and return to storage.

Responding to Requests for the Release of Personal Property

PAS CSW Responsibilities

  1. When a written request from an adoptee, birth parent(s), or adoptive parent(s) is received for the release of personal property in DCFS' possession, verify the requester's identify by obtaining a copy of a birth certificate, valid state driver's license, or valid identification card.
  2. Determine if the requested item(s) were deposited prior to January 1, 1985. If so:
    1. Release photographs of the adoptee to the adoptee.
    2. Release photographs that have been deposited by the adoptee, the adoptive parent(s), or birth parent(s), if there is a letter or other document indicating that person's consent to release of the photographs.
  3. To release items that were deposited, verify that a release was signed by and is on file from the depositor specifying to whom the item(s) can be released.
    1. If the release is on file, give the item(s) to the requester if he/she is designated by the depositor to receive the item(s).
    2. If the release is not on file, the item(s) cannot be released.
  4. When the items are released, obtain a signed statement from the requester stating that the personal property has been release to him/her.
    1. Ensure that the statement includes the date, the item(s) received, and the requester's signature.
    2. File the statement in the case record.
  5. When all services are complete, document all contacts in the Adoption Integrated System (AIS) in the PAS module under the Comments section, along with a brief summary of the results.
  6. Forward the case record to the SCSW for closing and return to storage.

Responding to Adult American Indian Adoptee Requests for Tribal Information

PAS CSW Responsibilities

  1. Upon receipt of a request for tribal affiliation from an adult American Indian adoptee, verify the requester's identity by obtaining a copy of the birth certificate, a valid state driver's license, or a valid identification card.
  2. Inform the adoptee of the tribal affiliation, if any, of his/her biological parents.
    1. Provide any other information that may be necessary to protect any rights flowing from the individual's tribal relationship, including, but not limited to, tribal membership rights for eligibility for federal or tribal programs or services available to American Indians.
    2. If the court records contain an affidavit stating that the biological parent(s) identity remains confidential, inform the adoptee that he/she can request the Secretary of the Interior to certify with the individual's tribe that the individual's parentage and other circumstances of birth entitle the adoptee to membership under the criteria, established by the tribe.
  3. Provide all available information to the adoptee.
  4. When all services have been completed, document all contacts in the Adoption Integrated System (AIS) in the PAS module under the Comments section, and forward the case record to the SCSW to close and return to storage.
APPROVALS

SCSW Approval

  • AAP 2
  • AD 4320
  • Adoption Integrated System (AIS)

ARA Approval

  • AAP 2
  • Written summaries
HELPFUL LINKS

Forms

LA Kids

AD 902 (Chinese)(Russian)(Spanish)(Vietnamese), Consent for Arranging Contact

AD 904A (Chinese)(Korean)(Spanish)(Tagalog), Waiver of Rights to Confidentiality for Siblings

AD 904B (Spanish), Waiver of Rights to Confidentiality for Siblings Under 18

AD 908 (Chinese)(Hindi)(Indonesian)(Japanese)(Korean)(Mixteco)(Punkabi)(Russian)(Samoan)(Spanish)(Tagalog)(Thai)(Tongan)(Urdu)(Vietnamese), Adoptions Information Act Statement

AD 908A, Adoptions Information Act Statement

AD 4328 (Spanish), Authorization for Release of Personal Items

REFERENCED POLICY GUIDES

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

0100-535.25, Extended Foster Care (EFC) Program

0200-508.10, Relinquishment Procedures and the Statement of Understanding

0200-511.05, Adoption Assistance Program (AAP) Benefits and Medi-Cal Benefits

0200-513.01, Finalizing an Adoption

0300-301.05, Filing Petitions

0300-503.20, Writing the WIC 366.26 Hearing Report

0500-501.20, Release of Confidential DCFS Case Record Information

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

STATUTES AND OTHER MANDATES

California Department of Social Services (CDSS), Title 22, Div 2, Adoptions Manual, Subchapter 3, Section 35046-35065.1 – States that an adoption case record is confidential. Also states that services provided to adoptees, birth parents, and adoptive parents after the finalization of an adoption must have information about the requirements for the release of information from the adoption case record, including who it must be released to, and what can be released.

Family Code (FAM) Section 8702 – States that DCFS must adopt a statement to be presented to the birth parent(s) when a relinquishment is signed and to prospective adoptive parent(s) at the time of the applicant assessment. Also states what must be included in the statement.

FAM Section 8703 – States the requirements for sending a written notice to the birth parent when parental rights are terminated.

FAM Section 9201(d) – States that with written authorization for release of specified information from a prospective adoptive parent(s) or birth parent(s), a licensed adoption agency can share information regarding him/her with other social service agencies.

FAM Section 9202 – States what medical background information on child and the biological parent(s), the parties entitled to receive the information, and the conditions under which it can be disclosed.

FAM Section 9203 – States the circumstances under which a person who has been adopted and who attains the age of twenty-one (21) years can obtain the name and address of the adoptee's birth parents.

FAM Section 9204 – States the circumstances under which DCFS or a licensed adoption agency may facilitate contact between an adult adoptee and the adult adoptee's birth parent(s).

FAM Section 9205 – States the circumstances under which an adoption agency that joined in the adoption petition can release the names and addresses of siblings who are eighteen (18) years old.

FAM Section 9206 – States the circumstances under which a licensed adoption agency must release any letters, photographs, or other items of personal property in its possession and the parties authorized to receive the property.

FAM Section 9209 – States the requirements for informing an Indian individual who has reached the age of eighteen (18) and who was the subject of an adoptive placement of their tribal affiliation.