F O R   Y O U R   I N F O R M A T I O N

ISSUE  00-53

DATE:  11/00


The following information should be reviewed by regional and Adoption CSWs, SCSWs, as well as Regional TPR Clerks. It is important that the TPR packet be accurate and complete when it is given to the Adoptions Division TPR Clerk, who is responsible for processing and forwarding all freeing action requests to the California Department of Social Services. See Procedural Guide 0300-503.21, Checklist: Termination of Parental Rights (TPR)-Related Activities, for detailed procedures.

  1. Prior to submitting the TPR packet to your TPR Clerk, review the case record to ensure that you have requested termination of parental rights for all presumed and all alleged fathers, even if their identity is unknown. See Procedural Guide 0300-503.21 for a definition of presumed and alleged fathers. In the event the father named on the birth certificate was ruled out via HLA testing, you must notice via publication for the unknown father.

  2. Once parental rights are terminated, check the minute order terminating parental rights to ensure that the following information is accurately reflected:

    a. All presumed and alleged fathers have been named and
         identified for each freed child.

    b. When the father's identity is unknown that the court
         terminated for "identity unknown" for the father.

NOTE: When requesting the court terminate from a father whose identity is unknown, do not request similar phrases be used such as "father unknown" or "declined to state."

c. The spelling of the child's and parent's names
    match the exact spelling on the child's birth
    certificate, including middle names and AKAs. If
    the child's name on the top of the minute order is
    incorrect, having the name listed correctly under the
    specific order to free is acceptable.

d. If the birth certificate has no name for the child, i.e.
    "_________ __________ Smith," the freeing
    minute order lists "_______ _______ Smith," as
    well as the AKA name given in the case record.

  1. Complete affidavits to correct for minor discrepancies between names listed on the freeing minute order and the child's birth certificate, such as misspelling of the name, missing AKAs or a discrepancy in the child's birth date. The original birth certificate should remain in the case file.

  2. Complete a nunc pro tunc when a name is omitted from the minute order terminating parental rights or the first or last name is different. See FYI 97-27, Nunc Pro Tunc: Procedures to Correct Inaccurate or Missing Information from Minute Orders.

  3. Submit two copies of the AD 90 or AD 551A and do not date the forms. The Adoptions Division TPR Clerk will complete these dates when the paperwork is submitted for filing to CDSS.

  4. Include the following information on the DCFS 65A:

a. If the case has been reviewed for possible
   American Indian heritage, check "Yes." If yes is
   checked, attach all correspondence from the tribe
   giving permission for the adoption to proceed. If
   "No" is checked, the case may be returned for
   further review.

b. Indicate on Line 3, the type of freeing action such
    as WIC 366.26, FC 7820, FC 7662, etc., and the
    parent's name, including AKA's.

c. Clearly print or type the name of the CSW and

d. Do not include a date on the last line of the form.
    This date is to be completed by the Adoptions TPR

  1. Before transferring the case to the Adoptions Division, include in the Adoption Folder a copy of the birth certificate, freeing minute order, affidavits, nunc pro tuncs, etc., as well as the AD 90, AD 551A, and DCFS 65A signed by the regional SCSW. If the TPR order was stayed, include a copy of the minute order lifting the stay.



CONTACT: Darlene Salazar (213) 351-5736

Beverly Muench, Deputy Director