2010 California Code
Family Code
Chapter 2.5. Adoptions By Relative Caregivers Or Foster Parents

8730.  If the prospective adoptive parent of a child is a foster
parent with whom the child has lived for a minimum of six months or a
relative caregiver who has had an ongoing and significant
relationship with the child, an assessment or home study of the
prospective adoptive parent may, at the discretion of the department
or a licensed adoption agency, or unless the court with jurisdiction
over the child orders otherwise, require only the following:
   (a) A criminal records check of the relative caregiver or foster
parent, as provided in subdivision (a) of Section 8712.
   (b) A determination that the relative caregiver or foster parent
has sufficient financial stability to support the child and ensure
that any adoption assistance program payment or other government
assistance to which the child is entitled is used exclusively to meet
the child's needs. In making this determination, the experience of
the relative caregiver or foster parent only while the child was in
his or her care shall be considered. For purposes of this section,
the relative caregiver or foster parent shall be required to provide
verification of employment records or income or both.
   (c) A determination that the relative caregiver or foster parent
has not abused or neglected the child while the child has been in his
or her care and has fostered the healthy growth and development of
the child. This determination shall include a review of the
disciplinary practices of the relative caregiver or foster parent to
ensure that the practices are age appropriate and do not physically
or emotionally endanger the child.
   (d) A determination that there is not a likelihood that the
relative caregiver or foster parent will abuse or neglect the child
in the future, that the caregiver or foster parent can protect the
child, ensure necessary care and supervision, and foster the child's
healthy growth and development.
   (e) A determination that the relative caregiver or foster parent
can address racial and cultural issues that may affect the child's
well-being.
   (f) An interview with the relative caregiver or foster parent, an
interview with each individual residing in the home and an interview
with the child to be adopted.


8731.  If the prospective adoptive parent of a child is a foster
parent, the assessment or home study described in Section 8730 shall
not be initiated until the child to be adopted has resided in the
home of the foster parent for at least six months.




8732.  A report of a medical examination of the foster parent with
whom the child has lived for a minimum of six months or the relative
caregiver who has had an ongoing and significant relationship with
the child shall be included in the assessment of each applicant
unless the department or licensed adoption agency determines that,
based on other available information, this report is unnecessary. The
assessment shall require certification that the applicant and each
adult residing in the applicant's home has received a test for
communicable tuberculosis.



8733.  The department or licensed adoption agency shall require the
adoptive parent to be provided with information related to the
specific needs of the child to be adopted, that, as determined by the
licensed adoption agency, may include information regarding the
following: issues surrounding birth parents, the effects of abuse and
neglect on children, cultural and racial issues, sexuality,
contingency planning for children in the event of the parents' death
or disability, financial assistance for adopted children, common
childhood disabilities, including, but not limited to, emotional
disturbances, attention deficit disorder, learning disabilities,
speech and hearing impairment, and dyslexia, the importance of
sibling and half-sibling relationships, and other issues related to
adoption and child development and the availability of counseling to
deal with these issues.



8734.  The department shall encourage adoption agencies to make
adoption training programs available to prospective adoptive
families.


8735.  The department shall require adoption agencies to inform the
agency responsible for the foster care placement when a relative
caregiver or foster parent has been denied approval to adopt based on
an inability of the relative caregiver or foster parent to provide
for the mental and emotional health, safety, and security of the
child and to recommend either that the relative caregiver or foster
parent be provided with additional support and supervision or that
the child be removed from the home of the relative caregiver or
foster parent.


8736.  The requirements of this chapter shall not be used as basis
for removing a child who has been placed with a relative caregiver or
foster parent prior to January 1, 1999, unless the noncompliance
with the standards described therein present a danger to the health,
safety, or emotional well-being of the child.