Filing, Revoking, and Rescinding a Relinquishment

0200-508.25 | Revision Date: 07/01/14

Overview

This policy guide provides information and guidelines on how to file, revoke, and rescind a relinquishment document.

TABLE OF CONTENTS

Policy

Filed Relinquishment

Revocation

Rescission

Procedure

Discussing Filing Options and Time Frames

APRD CSW Responsibilities

Revoking a Relinquishment for a Parent who had Physical Custody

APRD CSW Responsibilities

Case-Carrying CSW Responsibilities

APRD SCSW Responsibilities

Revoking a Relinquishment for a Parent who did not have Physical Custody

APRD CSW Responsibilities

Case-Carrying CSW Responsibilities

Rescinding a Relinquishment of a Non-Detained, Non-Dependent Child

APRD CSW Responsibilities

APRD SCSW Responsibilities

Responding when a Child is or will be Removed from an Adoptive Home

APRD CSW Responsibilities

APRD SCSW Responsibilities

Rescinding a Relinquishment of a Detained or Dependent Child in Out-of-Home Care

APRD CSW Responsibilities

Case-Carrying CSW Responsibilities

APRD CSW and SCSW Responsibilities

Approvals

Helpful Links

Attachments

Forms

Referenced Policy Guides

Statutes

Version Summary

This policy guide was updated from the 06/15/11 version, as part of the Policy Redesign, in accordance with the DCFS Strategic Plan. This policy guide incorporates content from Procedural Guide 0200-508.30, Filing the Relinquishment Document, and 0200-508.35, Rescinding a Relinquishment, thereby cancelling those policy guides. The title of this policy guide has been changed from Filing the Relinquishment Document.

POLICY

Filed Relinquishment

The parent can request that the signed relinquishment document be filed without a holding period or that a signed relinquishment document be held for a period of up to thirty (30) days before DCFS submits it to California Department of Social Services (CDSS) for filing.  After a specified holding period of the relinquishment has expired, if any, the Adoption and Permanency Resources Division (APRD) CSW must file a certified copy of the relinquishment document and its related forms with CDSS. A relinquishment is final when CDSS has acknowledged the documents’ receipt by issuing an AD 4333, Acknowledgement and Confirmation of Receipt of Relinquishment Documents.

 

A relinquishment is filed if at least one (1) of the following two (2) situations have occurred:

Revocation

A parent can revoke his/her relinquishment at any time before the parent’s specified holding period expires and at any time before his/her relinquishment document has been filed and acknowledged by the California Department of Social Services (CDSS). If the parent requested a thirty (30) day holding period and the last day of it falls on a weekend or legal holiday, he/she can revoke the relinquishment on the next business day following the weekend or holiday.

Rescission

When the certified copy of the relinquishment document and related forms have been sent to the California Department of Social Services (CDSS) to be filed and CDSS has acknowledged the receipt of the documents by issuing an AD 4333, Acknowledgement and Confirmation of Receipt of Relinquishment Documents, the relinquishment is final.  A relinquishment may, by law, only be rescinded in the following two (2) situations:

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PROCEDURE

Discussing Filing Options and Time Frames

APRD CSW Responsibilities

  1. Inform the relinquishing parent(s) that:
  1. Explain that the relinquishment document is not sent to the state until the end of the next business day after signing.

 

  1. If a signed relinquishment document will be held for more than thirty (30) days due to unresolved questions regarding the child’s custody:
  1. Explain to the relinquishing parent that the parent and the APRD CSW must mutually agree and sign a written statement, which indicates that it is necessary to hold the relinquishment document for an extended period of time.
  1. Ensure that the written statement specifies the time period the relinquishment document will be held and the reason for holding the document for more than thirty (30) calendar days.
  1. If the specific number of days cannot be stated in advance, the extended period ends when the APRD CSW becomes aware of the resolution regarding all other parent’s right to legal custody of the child.
  1. Inform the relinquishing parent in writing within three (3) business days of becoming aware of the resolution of the custody issues that the extended period will end five (5) business days after the date the notice to the relinquishing parent is sent.

 

  1. Explain to the relinquishing parent that he/she is permitted to revoke his/her relinquish at any time prior to the expiration of any holding period and at any time before the relinquishment document is filed with the California Department of Social Services (CDSS). A relinquishment document becomes final ten (10) business days after CDSS receives the filing.
  1. Explain that if the last day of the holding period falls on a weekend or legal holiday, DCFS allows parents to revoke the relinquishment on the next business day following the weekend or holiday.
  1. Explain that DCFS will not place the child for adoption prior to the relinquishment document being filed with CDSS.

Back to Procedure

Revoking a Relinquishment for a Parent who had Physical Custody

APRD CSW Responsibilities

If a parent requests to revoke a relinquishment of a child either detained or not detained and for whom he/she has physical custody and who is not detained, take the following actions:

 

  1. Cease all adoptive planning for the child.

 

  1. Meet with the parent and immediately begin an assessment of his/her ability to provide a safe and nurturing home for the child.

 

  1. Give the parent an AD 4317, Revocation of Relinquishment, and advise him/her that:

 

  1. Once the completed AD 4317 is received:
  1. Write “VOID” across the face of all copies of the relinquishment document that was signed by the revoking parent(s).
  1. Provide the parent(s) with a copy of the voided document.
  1. File the revoked relinquishment in the adoption case file.

 

  1. If the child who is either detained or not detained is also either the subject of a juvenile court petition or a dependent of the court:
  1. Notify the case-carrying CSW upon receipt of the AD 4317 to submit an Ex Parte Application and Order.
  1. Give notification to the following individuals of the parent’s revocation:

 

  1. Document in the Case Notes the discussion with the parent(s) regarding his/her reasons for requesting that the relinquishment be revoked, the parent’s plan for the child, and the assessment regarding the parent’s ability to provide a safe and nurturing home for the child.

 

  1. Submit the AD 4317 and the relinquishment document marked “VOID” to the SCSW for review.

 

  1. If there are concerns regarding the parent’s ability to provide a safe and nurturing home for the child, discuss concerns with the SCSW and proceed as directed.
  1. If instructed by the SCSW, immediately make a child abuse referral to the Child Protection Hotline (CPH).
  1. If directed to return the child to the parent(s) having physical custody of him/her and within seven (7) business days of receiving the AD 4317, discuss with the parent(s) the time and place for the return of the child.

 

  1. If a parent who does not have physical custody of the child has also relinquished the child wishes to revoke a relinquishment:
  1. Immediately notify the non-custodial parent that the child is being returned to the revoking parent.
  1. Inform the non-custodial parent of the following:
  1. Document discussion with the parents in the Case Notes.

 

  1. Meet with the parent having physical custody of the child at a mutually agreed upon time and location.
  1. Provide the parent with a copy of the child’s Health and Education Passport (HEP) and any other known information about the child, including but not limited to information concerning the child’s development, medical needs, and daily habits.
  1. Provide the parent(s) with the DCFS/A 13, Release to Parent(s), and obtain the parent’s signature upon release of the child to the parent(s). Leave a signed copy with the parent(s).
  1. Inform the revoking parent(s) of available public and community services available to assist with parenting.

Case-Carrying CSW Responsibilities

  1. Upon notification from the APRD CSW:
  1. Submit an Application and Order.
  1. Notify the appropriate parties.

APRD SCSW Responsibilities

  1. Review the Case Notes and the voided document.

 

  1. Direct the CSW to either:

Back to Procedure

Revoking a Relinquishment for a Parent who did not have Physical Custody

APRD CSW Responsibilities

If an alleged natural father who did not have physical custody of the child chooses to revoke his signed relinquishment:

 

  1. Immediately notify the parent who had physical custody of the child that the alleged father has revoked his relinquishment and that court proceedings will be initiated.

 

  1. Type and complete the B 322A/R, Petition to Determine Parental Rights of Alleged Natural Father to Determine Necessity of Consent (Agency) FC 7662, to initiate a petition under Family Code (FAM) Section 7662.

 

Edelman Children’s Court
Office of the County Counsel
201 Centre Plaza Drive, Suite 1
Monterey Park, CA 91754-2143
Attn: County Counsel outstation attorney assigned to adoptions

 

  1. Upon receipt of the signed petition, choose a court date that is no later than forty-five (45) calendar days after the notice is sent. All hearings are held on Monday and Wednesday at 9:00a.m. in Department 421.
  1. Confirm that the date is available with the Juvenile Court Adoptions Unit (323) 526-6343.
  1. Include on the notice a hearing date that allows sufficient time to serve the notice by first-class mail if the parent resides in California or by other methods described on the back of the notice.

 

  1. Complete the B 323A/R, Notice of Hearing Regarding Petition to Determine Parental Rights of Alleged Natural Father and to Determine Necessity of Consent (Agency) FC 7662, and attach the AD 880, Declaration of the Mother.

 

  1. At least ten (10) calendar days prior to the scheduled hearing, send notice of the hearing to:

 

  1. After the notice and the petition is served, and no later than fifteen (15) days before the hearing date, send the original and two (2) copies of the following documents to Edelman Children’s Court, Adoptions Unit-Room 2100, Attention: Chief Clerk, 201 Centre Plaza Drive, Monterey Park, CA 91754-2159:

 

  1. If the child is either the subject of a juvenile court petition or a dependent of the court:
  1. Upon receipt of the AD 4317, notify the case-carrying CSW to submit an Ex Parte Application and Order.
  1. Give written notification to the following individuals of the parent’s revocation:

 

  1. After the court hearing, proceed as directed by the court on the B 324A/R.

 

  1. File all documents listed above in the adoptions case record.

 

  1. If the presumed father or birth mother that did not have custody of the child chooses to revoke his/her relinquishment:
  1. Consult with the SCSW and the County Counsel, and proceed according to their direction.
  1. Notify the parent who has physical custody that the presumed father or birth mother revoked his/her relinquishment.
  1. Inform the parent who had physical custody of the child of the plan that was discussed with the County Counsel and of the court’s action necessary to determine whether the adoption can proceed.
  1. Document these contacts in the Case Notes.

Case-Carrying CSW Responsibilities

  1. Upon notification from the APRD CSW:
  1. Submit an Application and Order.
  1. Notify the appropriate parties.

Rescinding a Relinquishment of a Non-Detained, Non-Dependent Child

APRD CSW Responsibilities

  1. Cease all adoptive planning for the child until DCFS reaches a decision regarding the request.

 

  1. Discuss the following with the parent(s):

 

  1. Mail or give an AD 508, Rescission Request/Rescission of Relinquishment, to the parent(s) to complete.
  1. Advise the parent(s) that the AD 508 must be completed, signed, and returned to DCFS within fourteen (14) days from the date he/she received the form.
  1. Specify the return date on the form.
  1. Advise the parent(s) that if the AD 508 is not returned to DCFS by the specified date, the request for rescission will be nullified.

 

  1. Upon return of the completed AD 508:
  1. Consult with the SCSW.
  1. Discuss any concerns regarding the parent’s ability to provide a safe and nurturing home for the child.
  1. Document the discussion in the Case Notes.

 

  1. Notify the interested parties, including foster parents, relative caregivers, and prospective adoptive parent, of the following:

 

  1. Continue to provide the interested parties with information throughout the decision-making process.

 

  1. If the decision is made to return the child to the parent, arrange for the return of the child at a mutually agreed upon time and location, no later than seven (7) business days from the time the decision was made.
  1. When the child is returned, obtain the parent’s signature on the DCFS/A 13, Release to Parent(s).
  1. Mark “VOID” on all copies of the relinquishment document signed by the rescinding parent.
  1. Fax the copy of the relinquishment marked “VOID” within three (3) business days of the date of DCFS’ decision to the California Department of Social Services (CDSS) (916) 651-8143.
  1. File the rescinded relinquishment in the adoptions case record.
  1. Notify any other relinquishing parent of the rescission, and inform him/her of his/her right to rescind the relinquishment.

 

  1. If the decision is made not to rescind the relinquishment and not to return the child to the parent’s care, send the letter to the parents.

APRD SCSW Responsibilities

  1. If it is known, or if it is reasonably suspected, that the parent has endangered the physical or mental health of a child by abuse or neglect, immediately make a child abuse referral to the Child Protection Hotline (CPH).

 

  1. Consult with the CSW to consider the following:

 

  1. If the decision is made to rescind the relinquishment and to return the child to the home of the parent(s), direct the CSW to arrange for the return of the child no later than seven (7) business days from the date the decision was made.

 

  1. If the decision is to not rescind the relinquishment and to not return the child to the home of the parent, instruct the CSW to immediately draft a letter from the APRD Division Chief to the parent(s) that notifies them of the decision and the reasons the decision was made.

 

  1. Upon receipt of the letter, submit it to the ARA and the out-stationed County Counsel for review.

 

  1. Make necessary corrections suggested by the ARA or the County Counsel.

 

  1. Submit the letter to the APRD Division Chief for approval and signature.

 

  1. Upon receipt of the signed letter from the APRD Division Chief, direct the CSW to send it to the parent(s) within three (3) business days from the date of the decision.

 

  1. Fax a copy of the letter to CDSS (916) 651-8143 within three (3) business days of the decision.

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Responding when a Child is or will be Removed from an Adoptive Home

APRD CSW Responsibilities

  1. Within seventy-two (72) hours of making the decision to not place a child for adoption or to remove the child from the designated adoptive parent(s)’ home, notify the relinquishing parent by certified mail and return receipt request about one (1) of the following two (2) situations:

 

  1. Make every effort to locate the parents by contacting relatives, the child’s caregiver, conducting a CWS/CMS search, and any other appropriate searches.

 

  1. When contact with the parent(s) has been established, meet him/her to discuss the following:

 

  1. If the parent does not want to engage in further adoptive planning for the child, assess the parent’s ability to provide a safe and nurturing home for the child.
  1. If it is known, or if it is reasonably suspected, that the parent has endangered the physical or mental health of a child by abuse or neglect, immediately make a child abuse referral to the Child Protection Hotline (CPH).
  1. If the parent’s plan for the child is acceptable, arrange for the return of the child to the parent at a mutually agreed upon time and location no later than seven (7) business days from the time the request to rescind was made.
  1. When the child is returned to the parent, obtain the parent’s signature on the DCFS/A 13, Release to Parent(s).
  1. Mark “VOID” on all copies of the relinquishment document that was signed by the rescinding parent.
  1. Fax a copy of the relinquishment document marked “VOID” within three (3) business days of the decision to CDSS (916) 651-8143.

 

  1. If the parent designates another person(s) with whom the child is to be placed, advise the parent that the child cannot be placed on an adoptive basis in the designated person(s)’ home until he/she has been approved to adopt the child.
  1. If the new designated parent is able to provide a safe and nurturing home for the child, rescind the relinquishment.
  1. Obtain the parent’s signature on the DCFS/A 13.
  1. Mark “VOID” on all copies of the relinquishment document that was signed by the rescinding parent.
  1. Fax a copy of the relinquishment document marked “VOID” within three (3) business days of the decision to CDSS (916) 651-8143.
  1. Accept a new relinquishment.
  1. If the new designated parent is determine not to be able to provide a safe and nurturing home for the child:
  1. Document the discussion with the parent in the Case Notes.
  1. Consult the concerns with the SCSW, and proceed as directed.

 

  1. If the relinquishing parent does not request rescission during the thirty (30) day period:
  1. Consult with the case-carrying CSW.
  1. Contact the Placement and Recruitment Unit (PRU).
  1. Select another adoptive parent for the child.

APRD SCSW Responsibilities

  1. If it is known, or if it is reasonably suspected, that the parent has endangered the physical or mental health of a child by abuse or neglect:
  1. Direct the CSW to immediately make a child abuse referral to the Child Protection Hotline (CPH).
  1. Discuss the need to detain the child with the ERCP/ER SCSW.
  1. If appropriate, consider a voluntary placement while concerns are explored and corrected.

 

  1. Consult with the CSW to consider the following:

 

  1. If necessary, consult with the ARA, and proceed as directed.

 

  1. If the decision is made to rescind the relinquishment and to return the child to the home of the parent(s), direct the CSW to arrange for the return of the child to the parent(s) within seven (7) business days of the date the request to rescind is made.

Back to Procedure

Rescinding a Relinquishment of a Detained or Dependent Child in Out-of-Home Care

APRD CSW Responsibilities

  1. Discuss the following with the parents:

 

  1. Mail or give the AD 508, Rescission Request/Rescission of Relinquishment, to the parent to complete.

 

  1. Advise the parents of the following:

 

  1. Document the discussion in the Contact Log.

 

  1. Upon receipt of the completed AD 508:
  1. Consult with the SCSW.
  1. Discuss any concerns regarding the parent’s ability to provide a safe and nurturing home for the child.
  1. Document the discussion in the Case Notes.
  1. Proceed as directed by the SCSW.

 

  1. If the decision is made to rescind the relinquishment or if the parent does not want to proceed with adoptive planning, instruct the case-carrying CSW to inform the court and to make a recommendation regarding the return of the child to the home of the parent(s):

 

  1. Advise the case-carrying CSW to notice interested parties, including foster parents, relative caregivers, prospective adoptive parents of the following:

 

  1. Ensure that the interested parties are provided with information throughout the decision-making process.

 

  1. Rescind the relinquishment as outlined in Responding when a Child is or will be Removed from an Adoptive Home.

 

  1. Notify any other relinquishing parent of the rescission and that they have the right to rescind their relinquishment as well.

 

  1. If the court does not order the return of the child to the parent, proceed as directed by the court.

 

  1. If the decision is made not to rescind the relinquishment:
  1. Notify the case-carrying CSW of the decision.
  1. Request that the court be notified and notices sent to the child’s attorney, the relinquishing parent’s attorney, and any other parent who has relinquished the child.

 

  1. Draft a letter from the APRD Division Chief to the parent(s) that notifies them of the decision and the reasons the decision was made.

 

  1. Notify the parent(s) by certified mail and return receipt request within seventy-two (72) hours of both of the following below when either the decision has been made not to place the child for adoption with the person(s) that the parent designated to adopt the child or when the child has been removed from the designated adoptive home:

 

  1. If the parent designated another person(s) with whom the child is to be placed, advise the parent that the child cannot be placed in the home on an adoptive basis until the designated person(s) has been approved to adopt the child.

 

  1. If the court approves placement, rescind the relinquishment as described in Relinquishment of a Detained or Dependent Child in Out-of-Home Care, and accept a new relinquishment.
  1. Notify all parents of the rescission and that he/she has the right to rescind his/her relinquishment.
  1. Instruct the case-carrying CSW to inform the court and make a recommendation regarding a permanent plan for the child.
  1. Request the case-carrying CSW to notice appropriate parties.

 

  1. If the parent does not respond within thirty (30) days, notify the case-carrying CSW to inform the court and to make a recommendation regarding a permanent plan for the child.

Case-Carrying CSW Responsibilities

  1. Upon notification from the APRD CSW, submit an Ex Parte Application and Order and notice interested parties, including:

APRD CSW and SCSW Responsibilities

  1. If the court orders the return of the child to the parent, arrange for the return at a mutually agreed upon time and location no later than seven (7) business days from the time the decision was made.

 

  1. When the child is returned to the parent, obtain the parent’s signature on the DCFS/A 13, Release to Parent(s).

 

  1. Proceed as directed by the court.

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APPROVALS

SCSW Approval

HELPFUL LINKS

Attachments

Required Relinquishment Forms

Forms

CWS/CMS

Ex Parte Application and Order

ICPC 100B, Interstate Compact Report on Child’s Placement Status

JV 505, Statement Regarding Parentage

LA Kids

AD 880, Declaration of the Mother

AD 508, Rescission Request/Rescission of Relinquishment

AD 588, Denial of Paternity by Alleged Natural Father (In or Out of California)

AD 590, Waiver of Right to Further Notice of Adoption Planning (Alleged Natural Father In- or Out-if California)

AD 590A, Waiver of Right to Further Notice of Adoption Planning (Presumed Father In- or Out-of-California)

AD 4317, Revocation of Relinquishment

DCFS 65A, Confirmation That a Child is Legally Freed

DCFS/A 13, Release to Parent(s)

Hard Copy

AD 4333, Acknowledgement and Confirmation of Receipt of Relinquishment Documents

B 322A/R, Petition to Determine Parental Rights of Alleged Natural Father to Determine Necessity of Consent (Agency) FC 7662

B 323A/R, Notice of Hearing Regarding Petition to Determine Parental Rights of Alleged Natural Father and to Determine Necessity of Consent (Agency) FC 7662

B 324A/R, Finding and Order of the Court Certificate of Assignment

B 325A/R, Declaration and Order Dispending with Notice to Alleged Natural Father

Referenced Policy Guides

0050-502.10, Child Protection Hotline (CPH)

0080-505.20, Health and Education Passport (HEP)

0200-507.10, Identifying a Prospective Adoptive Family for a Child through the Placement and Recruitment Unit (PRU)

0200-508.10, Relinquishment Procedures and the Statement of Understanding

0300-503.21, Termination of Parental Rights (TPR) Activities

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

Statutes

California Department of Social Services (CDSS), Manual of Policies and Procedures (MPP), Title 22, Section 35153 - 35163, 35165 - 35170 – Sets forth regulations related to the filing of the relinquishment.

 

Family Code (FAM) Section 7662 – States, in part, that if a mother relinquishes for, consents to, or proposes to relinquish or consent to the adoption of a child, DCFS will file a petition to terminate parental rights of the father unless one of the listed exceptions are met.

 

FAM Section 7664 – Details, in part, the notice requirements for adoption proceedings to the natural father, once identified by the court, if more than one (1) man is identified as the possible father.

 

FAM Section 7666 – States, in pertinent part, that a child’s natural or possible natural father shall be given notice of a hearing at least ten (10) days before the date stated in the hearing notice.

 

FAM Section 7667 – States, in pertinent part, a court’s action to terminate parental rights of a father of a child will be set for no more than forty-five (45) days after filing the petition, which will specify the date of the hearing.

 

FAM Section 8700 – Summarizes the procedures for relinquishment, including how to rescind a relinquishment.

 

FAM Section 8814.5 – States, in pertinent part, that after consent to an adoption is signed by the birth parent(s), he/she will have thirty (30) days to sign and deliver to DCFS either a written statement revoking the consent and requesting that the requesting child be returned to the birth parent or a waiver of the right to revoke consent.

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