Form Ad885d "Statement of Understanding Agency Adoptions Program - Alleged Natural Father of a Child Who Is Detained, a Juvenile Court Dependent in out-Of-Home Care, or the Ward of a Legal Guardian" - California

Form AD885D is a California Department of Social Services form also known as the "Statement Of Understanding Agency Adoptions Program - Alleged Natural Father Of A Child Who Is Detained, A Juvenile Court Dependent In Out-of-home Care, Or The Ward Of A Legal Guardian". The latest edition of the form was released in February 1, 2015 and is available for digital filing.

Download a fillable PDF version of the Form AD885D down below or find it on California Department of Social Services Forms website.

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STATE OF CALIFORNIA – HEALTH AND HUMAN SERVICES AGENCY
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
STATEMENT OF UNDERSTANDING
AGENCY ADOPTIONS PROGRAM
Relinquishing a child means permanently giving the child to the adoption agency so the
agency can choose other parent(s) to adopt the child. You permanently give the child to the
adoption agency by signing this Statement of Understanding and the Relinquishment
Document. You will no longer have any rights as a parent to your child once these documents
have been filed with and acknowledged by the California Department of Social Services.
You also have a right to look for legal counsel to prove you are the father of this child and to
obtain the right to physical custody of the child. If you want to be a parent to the child, there
are services available to help you.
Giving your child to the adoption agency is a very important decision. You should know all the
facts about it and weigh its advantages and disadvantages before you make your decision.
Instructions To Complete The Statement Of Understanding:
BEFORE YOU SIGN THIS STATEMENT OF UNDERSTANDING AND THE RELINQUISHMENT
DOCUMENT, READ BOTH VERY CAREFULLY WITH YOUR SOCIAL WORKER. BE SURE TO
ASK QUESTIONS ABOUT ANYTHING YOU DO NOT UNDERSTAND.
1.
Complete this Statement of Understanding only after you have carefully thought about giving your child to the
adoption agency and you are sure you want your child adopted and raised by the prospective adoptive parent(s)
selected by the adoption agency.
2.
Read each of the statements in this document very carefully. If you do not understand a statement, ask your social
worker to explain it to you until you do understand.
3.
If you understand and agree with a statement, put your initials in the box next to the number of that statement.
4.
If you do not agree, or if you do not understand a statement after your social worker’s explanation, do not initial the
box. Ask for more help and time in making your decision.
5.
If you have initialed all the boxes, sign your name at the end. Two witnesses must be present when you sign your
name and they will sign their names after yours. (Witnesses are not necessary if this form is signed outside of
California.)
6.
You will receive a copy of this Statement of Understanding and the relinquishment document once it has been
completed.
This form must be used with one of the following forms:
AD 586, AD 591, AD 593, AD 862 or AD 868.
AD 885D (2/15) Alleged Natural Father of a Child Who is Detained, a Juvenile Court
Page 1 of 6
Dependent in Out-of-Home Care, or the Ward of a Legal Guardian
STATE OF CALIFORNIA – HEALTH AND HUMAN SERVICES AGENCY
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
STATEMENT OF UNDERSTANDING
AGENCY ADOPTIONS PROGRAM
Relinquishing a child means permanently giving the child to the adoption agency so the
agency can choose other parent(s) to adopt the child. You permanently give the child to the
adoption agency by signing this Statement of Understanding and the Relinquishment
Document. You will no longer have any rights as a parent to your child once these documents
have been filed with and acknowledged by the California Department of Social Services.
You also have a right to look for legal counsel to prove you are the father of this child and to
obtain the right to physical custody of the child. If you want to be a parent to the child, there
are services available to help you.
Giving your child to the adoption agency is a very important decision. You should know all the
facts about it and weigh its advantages and disadvantages before you make your decision.
Instructions To Complete The Statement Of Understanding:
BEFORE YOU SIGN THIS STATEMENT OF UNDERSTANDING AND THE RELINQUISHMENT
DOCUMENT, READ BOTH VERY CAREFULLY WITH YOUR SOCIAL WORKER. BE SURE TO
ASK QUESTIONS ABOUT ANYTHING YOU DO NOT UNDERSTAND.
1.
Complete this Statement of Understanding only after you have carefully thought about giving your child to the
adoption agency and you are sure you want your child adopted and raised by the prospective adoptive parent(s)
selected by the adoption agency.
2.
Read each of the statements in this document very carefully. If you do not understand a statement, ask your social
worker to explain it to you until you do understand.
3.
If you understand and agree with a statement, put your initials in the box next to the number of that statement.
4.
If you do not agree, or if you do not understand a statement after your social worker’s explanation, do not initial the
box. Ask for more help and time in making your decision.
5.
If you have initialed all the boxes, sign your name at the end. Two witnesses must be present when you sign your
name and they will sign their names after yours. (Witnesses are not necessary if this form is signed outside of
California.)
6.
You will receive a copy of this Statement of Understanding and the relinquishment document once it has been
completed.
This form must be used with one of the following forms:
AD 586, AD 591, AD 593, AD 862 or AD 868.
AD 885D (2/15) Alleged Natural Father of a Child Who is Detained, a Juvenile Court
Page 1 of 6
Dependent in Out-of-Home Care, or the Ward of a Legal Guardian
STATE OF CALIFORNIA – HEALTH AND HUMAN SERVICES AGENCY
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
STATEMENT OF UNDERSTANDING
Alleged Natural Father of a Child Who is Detained, a Juvenile Court
Dependent in Out-of-home Care, or the Ward of a Legal Guardian
Name of Child ___________________________________________________________ Date of Birth _____________
I
1.
The adoption agency has told me why they believe I am the alleged natural father of this child and I understand
I may:
A.
File a petition in juvenile court to prove I am the father of the child.
(1)
If my child is not a juvenile court dependent, but is living with a legal guardian, I would file the
petition in family court.
B.
Deny I am the father;
C.
Give up my rights to any more notice of the adoption proceedings;
D.
Sign a relinquishment; or
E.
Take no action.
I
2.
I understand I have the right to look for a lawyer to help me in the relinquishment process.
A.
If I have a court appointed attorney representing me in the juvenile court proceedings, that attorney may
be able to assist in the relinquishment process.
B.
If I do not have an attorney representing me, the adoption agency can refer me to public legal help in my
community.
I
3.
I understand if I do not sign this Statement of Understanding and Relinquishment Document, the juvenile court
may end my rights as the child’s parent and:
A.
I have the right to look for a lawyer to help me argue against this; and
B.
If I do not have an attorney representing me in the juvenile court proceedings, the adoption agency can
refer me to public legal help in my community.
I
4.
I understand if I do not want my child to be adopted or if I need more information about my child’s status or
about available child welfare services, I should not sign the relinquishment document but should consult with
the child welfare services social worker and my lawyer about steps to take to regain custody of my child.
I
5.
I understand if I am successful in getting custody of my child, there are other places the child welfare agency
can refer me to that could help me with family, health, money and other problems.
A.
If my child is living with a legal guardian and does not have a child welfare services social worker, there
are places the agency can refer me to that could help me with family, health, money and other problems.
I
6.
I understand that the agency is to tell me about their adoption plan for my child.
I
7.
I understand I may talk about my plan to give up my child with other professional people, my family and friends.
AD 885D (2/15 Alleged Natural Father of a Child Who is Detained, a Juvenile Court
Page 2 of 6
Dependent in Out-of-Home Care, or the Ward of a Legal Guardian.
I
8.
I understand if I sign this Statement of Understanding and the Relinquishment Document, I shall no longer be
my child’s legal parent once these documents are filed with and acknowledged by the California Department of
Social Services. This means:
A.
I shall no longer be responsible for the care of my child; and
B.
I shall no longer have any right to the custody, services or earnings of my child.
I
9.
I understand that by signing the relinquishment I am giving my child over to the adoption agency.
A.
If I sign a relinquishment that does not name the prospective adoptive parent(s), I am giving up the right
to select prospective adoptive parent(s) and the final decision about who adopts my child will be made by
the adoption agency.
I
I am not naming the prospective adoptive parent(s) for my child.
B.
If I sign a relinquishment that names the prospective adoptive parent(s), I am giving my child to the
adoption agency which intends to place my child with the person(s) named on the Relinquishment
Document.
I
I am naming the following person(s) as the prospective adoptive parent(s):
_______________________________________________________________________________
If my child is not placed in the home of the named person(s) or my child is removed from the home before the
adoption is completed:
(1)
The agency will send me a notice by certified mail, return receipt requested, within 72 hours of the
decision not to place my child for adoption or the decision to remove my child from the home. I must
keep the agency informed of my address if I want to receive such a notice.
(2)
I will have 30 days from the date the notice was mailed to me to either:
a.
Rescind the relinquishment. The agency will rescind the relinquishment if I deliver, or have
delivered by mail or other means, a written request to rescind the relinquishment to the agency
before the end of the 30-day period, or
b.
Take no action. If I take no action during the 30-day period, I shall lose my right to rescind the
relinquishment and the agency will select prospective adoptive parent(s) for my child, or
c.
Select another placement for my child. If, during the 30-day period, I select another
person(s) with whom my child is to be placed, I shall rescind the initial relinquishment and
complete a new relinquishment document identifying the person(s) with whom I then wish the
agency to place my child.
I
10. I understand that the prospective adoptive parent(s) and the birth relatives, including the birth parents, may
enter into an enforceable written agreement to permit continuing contact between the birth relatives, including
the birth parents, and the child if the court approves.
I
11. I understand if I am successful in regaining custody of my child, I may voluntarily place my child for an agency
or an independent adoption.
I
12. I understand after my child’s adoption has been granted in court, all inheritance rights from any blood relatives
will end unless they have made arrangements in their will or in a trust which specifically includes my child. My
child will legally inherit from his/her adoptive parent(s).
AD 885D (2/15) Alleged Natural Father of a Child Who is Detained, a Juvenile Court
Page 3 of 6
Dependent in Out-of-Home Care, or the Ward of a Legal Guardian.
I
13. I understand if I sign this Statement of Understanding and the relinquishment document, I can take them back
during any holding period referred to in Number 21 below or before it has been filed with and acknowledged by
the California Depar tment of Social Services, unless I also signed a “Waiver of Right To Revoke
Relinquishment” (AD 929A). If I signed a Waiver of Right To Revoke Relinquishment, the relinquishment is
irrevocable immediately or at the close of the next business day as noted on the Waiver in the Section where
“Birth parent must initial one of the following statements:” unless the waiver is void or the relinquishment is
rescinded.
A.
The rights and responsibilities as my child’s alleged natural father will continue unless taken away by
other legal action.
B.
My child will stay a juvenile court dependent and any terms and/or conditions from the child being a court
dependent do not change.
C.
The adoption agency will immediately notify the county welfare department.
I
14. I understand once the California Department of Social Services, has filed and acknowledged my signed
relinquishment it is final, and
A.
I cannot stop the relinquishment unless the adoption agency agrees.
1.
The adoption agency must agree if the prospective adoptive parent(s) is/are named on the
relinquishment and my child is not placed in the named home or my child is removed from the home
before the adoption is completed.
B.
If the adoption agency does not agree, the adoption agency will inform me in writing of the reason(s).
C.
If the adoption agency agrees to stop the relinquishment, my child will stay a juvenile court dependent
and any terms and/or conditions from the child being a court dependent do not change.
1.
The adoption agency will immediately notify the county welfare department.
2.
I must prove I am the father of this child in juvenile court if I want to be a parent to this child.
I
15. I understand the adoption agency must provide written notification to the juvenile court, the child’s lawyer, and
my lawyer, if any, of the relinquishment within five court days.
I
16. I understand before my child is legally adopted, the adoption agency must answer my questions about his/her
situation. If I ask for information at any future time, the agency must give me all known information about the
status of my child’s adoption including whether my child has been placed for adoption, the approximate date
the adoption was completed and if the adoption was not completed or was vacated for any reason, whether
adoptive placement of my child is again being considered.
A.
I understand I must keep the adoption agency informed of my address if I want to know when my child
was placed in an adoptive home and when my child was legally adopted.
I
17. I understand after my child has been legally adopted, the adoption agency may not return my child to me.
I
18. I understand the adoption agency may release identifying information from the adoption case record only
when:
A.
It has been requested by certain agencies as named in law because the information is needed to help my
child;
B.
My child, when he/she is an adult, and I have signed forms agreeing to the release of identifying
information so contact may be arranged;
C.
My child has reached 21 years of age, asks for my identity and I have agreed in writing to the release of
my identity and most current address in the adoption agency’s record;
D.
My child has reached 21 years of age and has indicated in writing I can have his/her adopted name and
most current address as indicated in the adoption agency’s record and I have asked for this information;
or
E.
My child is under 21 years of age and the adoption agency has found the release of my identity and most
current address as indicated in the agency’s record is justified according to law.
AD 885D (2/15) Alleged Natural Father of a Child Who is Detained, a Juvenile Court
Page 4 of 6
Dependent in Out-of-Home Care, or the Ward of a Legal Guardian.
I
19. I understand the court can, after considering the request, release identifying information from the court’s
adoption file.
I
20. I understand an action to nullify an adoption based on fraud must be commenced within 3 years after entry of
the order of adoption or within 90 days of discovering the fraud, whichever is earlier.
I
21. I understand I have the following filing choices when I sign this Statement of Understanding and
Relinquishment Document:
A.
I may choose to have the adoption agency file my relinquishment form immediately; or
B.
I may choose to have the adoption agency hold the relinquishment form for up to 30 days so I can think
about my decision. I understand my child will not be placed for adoption during any holding period; or
C.
I may agree with the adoption agency to hold the relinquishment form for more than 30 days if my child
must be freed for adoption from any other parent(s). I understand my child will not be placed for adoption
during any holding period.
Put a check mark in front of the one statement that says what filing choice you want:
I
I want the relinquishment form filed immediately.
I
I want the relinquishment form held for ______ days until _________________________ .
I
I agree to have the relinquishment form held until my child has been freed for adoption from any other
parent(s).
I
22. Mark the box of the statement that applies to you.
I
A.
I reside in California:
I have had at least two face-to-face interviews with a social worker from the adoption agency on two
different days. At the first interview, the adoption agency gave me sample copies of this Statement
of Understanding and the Relinquishment Document. The agency may accept my relinquishment at
the second or later interview.
The date of my first interview was: ____________________
The date of my most recent interview was: ____________________
I
B.
I reside outside of California and I am relinquishing the above-named child under California Family
Code Section 8700(c).
(The agency is only required to attempt to provide services per California Code of Regulations, Title
22 Section 35129(b).)
I
I have received services from the adoption agency (example- telephone interview). The date
my services were provided: ________________________
I
I have not received services from the adoption agency.
I
23. I have carefully thought about the reasons for keeping or giving up my child. I have discussed the adoption plan
of my child with the adoption agency, and I have decided giving my child to the agency for adoption is in the
best interest of my child. I have read and understand this Statement of Understanding and the Relinquishment
Document. I do not need any more help or time to make my decision. I have decided to relinquish my child
permanently to____________________________________________________________
for adoption.
(NAME OF AGENCY)
I
I have named the prospective adoptive parent(s)
I
I have not named the prospective adoptive parent(s)
AD 885D (2/15) Alleged Natural Father of a Child Who is Detained, a Juvenile Court
Page 5 of 6
Dependent in Out-of-Home Care, or the Ward of a Legal Guardian.
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