2005 California Welfare and Institutions Code Sections 16115-16123 CHAPTER 2.1. AID FOR ADOPTION OF CHILDREN

16115.  Aid under this chapter shall be known as the Adoption
Assistance Program.
16115.5.  It is the intent of the Legislature in enacting this
chapter to benefit children residing in foster homes by providing the
stability and security of permanent homes, and in so doing, achieve
a reduction in foster home care.  It is not the intent of this
chapter to increase expenditures but to provide for payments to
adoptive parents to enable them to meet the needs of children who
meet the criteria established in Sections 16116, 16120, and 16121.
16118.  (a) The department shall establish and administer the
program to be carried out by the department or the county pursuant to
this chapter.  The department shall adopt any regulations necessary
to carry out the provisions of this chapter.
   (b) The department shall keep any records necessary to evaluate
the program's effectiveness in encouraging and promoting the adoption
of children eligible for the Adoption Assistance Program.
   (c) The department or the county responsible for providing
financial aid in the amount determined in Section 16120 shall have
responsibility for certifying that the child meets the eligibility
criteria and for determining the amount of financial assistance
needed by the child and the adopting family.
   (d) The department shall actively seek and make maximum use of
federal funds that may be available for the purposes of this chapter.
  All gifts or grants received from private sources for the purpose
of this chapter shall be used to offset public costs incurred under
the program established by this chapter.
   (e) For purposes of this chapter, the county responsible for
determining the child's Adoption Assistance Program eligibility
status and for providing financial aid in the amount determined in
Sections 16120 and 16120.1 shall be the county that at the time of
the adoptive placement would otherwise be responsible for making a
payment pursuant to Section 11450 under the CalWORKs program or
Section 11461 under the Aid to Families with Dependent
Children-Foster Care program if the child were not adopted.  When the
child has been voluntarily relinquished for adoption prior to a
determination of eligibility for such a payment, the responsible
county shall be the county in which the relinquishing parent resides.
  The responsible county for all other eligible children shall be the
county where the child is physically residing prior to placement
with the adoptive family.  The responsible county shall certify
eligibility on a form prescribed by the department.
16119.  (a) At the time application for adoption of a child who is
potentially eligible for Adoption Assistance Program benefits is
made, and at the time immediately prior to the finalization of the
adoption decree, the department or the licensed adoption agency,
whichever is appropriate, shall provide the prospective adoptive
family with information, in writing, on the availability of Adoption
Assistance Program benefits, with an explanation of the difference
between these benefits and foster care payments.  The department or
the licensed adoption agency shall also provide the prospective
adoptive family with information, in writing, on the availability of
reimbursement for the nonrecurring expenses incurred in the adoption
of the Adoption Assistance Program eligible child.  The department or
licensed adoption agency shall also provide the prospective adoptive
family with information on the availability of mental health
services through the Medi-Cal program or other programs.
   (b) The department or the licensed agency shall encourage families
that elect not to sign an adoption assistance agreement to sign a
deferred adoption assistance agreement.
   (c) The department or the county, whichever is responsible for
determining the child's eligibility for the Adoption Assistance
Program, shall assess the needs of the child and the circumstances of
the family.
   (d) (1) The amount of an adoption assistance cash benefit, if any,
shall be a negotiated amount based upon the needs of the child and
the circumstances of the family.  There shall be no means test used
to determine an adoptive family's eligibility for the Adoption
Assistance Program.  In those instances where an otherwise eligible
child does not require a cash benefit, Medi-Cal eligibility may be
established for the child, as needed.
   (2) For purposes of paragraph (1), "circumstances of the family"
includes the family's ability to incorporate the child into the
household in relation to the lifestyle, standard of living, and
future plans and to the overall capacity to meet the immediate and
future plans and needs, including education, of the child.
   (e) The department or the licensed adoption agency shall inform
the prospective adoptive family regarding the county responsible for
providing financial aid to the adoptive family in an amount
determined pursuant to Sections 16120 and 16120.1.
   (f) The department or the licensed adoption agency shall inform
the prospective adoptive family that the adoptive parents will
continue to receive benefits in the agreed upon amount unless one of
the following occurs:
   (1) The department determines that the adoptive parents are no
longer legally responsible for the support of the child.
   (2) The department determines that the child is no longer
receiving support from the adoptive family.
   (3) The adoption assistance payment exceeds the amount that the
child would have been eligible for in a licensed foster home.
   (4) The adoptive parents demonstrate a need for an increased
payment.
   (5) The adoptive parents voluntarily reduce or terminate payments.
   (6) The adopted child has an extraordinary need that was not
anticipated at the time the amount of the adoption assistance was
originally negotiated.
16120.  A child shall be eligible for Adoption Assistance Program
benefits if all of the conditions specified in subdivisions (a)
through (g), inclusive, are met or if the conditions specified in
subdivision (h) are met.
   (a) The child has at least one of the following characteristics
that are barriers to his or her adoption:
   (1) Adoptive placement without financial assistance is unlikely
because of membership in a sibling group that should remain intact or
by virtue of race, ethnicity, color, language, age of three years or
older, or parental background of a medical or behavioral nature that
can be determined to adversely affect the development of the child.
   (2) Adoptive placement without financial assistance is unlikely
because the child has a mental, physical, emotional, or medical
disability that has been certified by a licensed professional
competent to make an assessment and operating within the scope of his
or her profession.  This paragraph shall also apply to children with
a developmental disability as defined in subdivision (a) of Section
4512, including those determined to require out-of-home nonmedical
care as described in Section 11464.
   (b) The need for adoption subsidy is evidenced by an unsuccessful
search for an adoptive home to take the child without financial
assistance, as documented in the case file of the prospective
adoptive child.  The requirement for this search shall be waived when
it would be against the best interest of the child because of the
existence of significant emotional ties with prospective adoptive
parents while in the care of these persons as a foster child.
   (c) The child meets either of the following criteria:
   (1) At the time a petition for an agency adoption, as defined in
Section 8506 of the Family Code, or an independent adoption, as
defined in Section 8524 of the Family Code, is filed, the child has
met the requirements to receive federal supplemental security income
benefits pursuant to Subchapter 16 (commencing with Section 1381) of
Chapter 7 of Title 42 of the United States Code, as determined and
documented by the federal Social Security Administration.
   (2) The child is the subject of an agency adoption as defined in
Section 8506 of the Family Code and was any of the following:
   (A) Under the supervision of a county welfare department as the
subject of a legal guardianship or juvenile court dependency.
   (B) Relinquished for adoption to a licensed California private or
public adoption agency, or the department, and would have otherwise
been at risk of dependency as certified by the responsible public
child welfare agency.
   (C) Committed to the care of the department pursuant to Section
8805 or 8918 of the Family Code.
   (d) The child is under 18 years of age, or under 21 years of age
and has a mental or physical handicap that warrants the continuation
of assistance.
   (e) The adoptive family is responsible for the child pursuant to
the terms of an adoptive placement agreement or a final decree of
adoption and has signed an adoption assistance agreement.
   (f) The adoptive family is legally responsible for the support of
the child and the child is receiving support from the adoptive
parent.
   (g) The department or the county responsible for determining the
child's Adoption Assistance Program eligibility status and for
providing financial aid, and the prospective adoptive parent, prior
to or at the time the adoption decree is issued by the court, have
signed an adoption assistance agreement that stipulates the need for,
and the amount of, Adoption Assistance Program benefits.
   (h) A child shall be eligible for Adoption Assistance Program
benefits if the child received Adoption Assistance Program benefits
with respect to a prior adoption and the child is again available for
adoption because the prior adoption was dissolved and the parental
rights of the adoptive parents were terminated or because the child's
adoptive parents died.
16120.05.  The adoption assistance agreement shall, at a minimum,
specify the amount and duration of assistance.  The date for
reassessment of the child's needs shall be set at the time of the
initial negotiation of the adoption assistance agreement, and shall,
thereafter be set at each subsequent reassessment.  The interval
between any reassessments may not exceed two years.
   The adoption assistance agreement shall also specify the
responsibility of the adopting family for reporting changes in
circumstances that might negatively affect their ability to provide
for the identified needs of the child.
16120.1.  Upon the authorization of the department or, where
appropriate, the county responsible for determining the child's
Adoption Assistance Program eligibility status and for providing
financial aid, the responsible county shall directly reimburse
eligible individuals for reasonable nonrecurring expenses, as defined
by the department, incurred as a result of the adoption of a child
eligible for the Adoption Assistance Program.  The state shall
provide payment to the county for the reimbursement.  Reimbursements
shall conform to the eligibility criteria and claiming procedures
established by the department and shall be subject to the following
conditions:
   (a) The amount of the payment shall be determined through
agreement between the adopting parent or parents and the department
or the county responsible for determining the child's Adoption
Assistance Program eligibility status and for providing financial
aid.  The agreement shall indicate the nature and the amount of the
nonrecurring expenses to be paid.  Payments shall be limited to an
amount not to exceed four hundred dollars ($400) for each placement
eligible for the Adoption Assistance Program.
   (b) There shall be no income eligibility requirement for an
adoptive parent or adoptive parents in determining whether payments
for nonrecurring expenses shall be made.
   (c) Reimbursement for nonrecurring expenses shall be limited to
costs incurred by or on behalf of an adoptive parent or adoptive
parents that are not reimbursed from other sources.  No payments
shall be made under this section if the federal program for
reimbursement of nonrecurring expenses for the adoption of children
eligible for the Adoption Assistance Program pursuant to Section 673
of Title 42 of the United States Code is terminated.
   (d) Reimbursement for nonrecurring expenses shall be in addition
to any adoption expenses paid pursuant to Section 16121 and shall not
be included in the computation of maximum benefits for which the
adoptive family is eligible pursuant to Section 16121.
16121.  In accordance with the adoption assistance agreement, the
adoptive family shall be paid an amount of aid based on the child's
needs otherwise covered in AFDC-FC payments and the circumstance of
the adopting parents but that shall not exceed the foster care
maintenance payment that would have been paid based on the age
related state-approved foster family home care rate, and any
applicable specialized care increment, for a child placed in a
licensed or approved family home pursuant to subdivisions (a) to (d),
inclusive, of Section 11461.  Payment may be made on behalf of an
otherwise eligible child in a state-approved group home or
residential care treatment facility if the department or county
responsible for determining payment has confirmed that the placement
is necessary for the temporary resolution of mental or emotional
problems related to a condition that existed prior to the adoptive
placement.  Out-of-home placements shall be in accordance with the
applicable provisions of Chapter 3 (commencing with Section 1500) of
Division 2 of the Health and Safety Code and other applicable
statutes and regulations governing eligibility for AFDC-FC payments
for placements in in-state and out-of-state facilities.  The
designation of the placement facility shall be made after
consultation with the family by the department or county welfare
agency responsible for determining the Adoption Assistance Program
eligibility and authorizing financial aid.  Group home or residential
placement shall only be made as part of a plan for return of the
child to the adoptive family, that shall actively participate in the
plan.  Adoption Assistance Program benefits shall not be authorized
for payment of an eligible child's group home or residential
treatment facility placement that exceeds an 18-month cumulative
period of time for a specific episode or condition justifying that
placement.
   In the event that a family signs an adoption assistance agreement
where a cash benefit is not awarded, the adopting family shall be
otherwise eligible to receive Medi-Cal benefits for the child if it
is determined that the benefits are needed pursuant to this chapter.
   This section shall apply to adoption assistance agreements signed
on or after October 1, 1992.
16121.05.  (a) The department may recover any overpayments of
financial assistance under the Adoption Assistance Program, and shall
develop regulations that establish the means to recoup them,
including an appropriate notice of action and appeal rights, when the
department determines either of the following applies:
   (1) The adoptive parents are no longer legally responsible for the
support of the child.
   (2) The child is no longer receiving support from the adoptive
family.
   (3) The adoptive family has committed fraud in its application
for, or reassessment of, the adoption assistance.
   (b) Children on whose behalf an adoption assistance agreement had
been executed prior to October 1, 1992, shall continue to receive
adoption assistance in accordance with the terms of that agreement.
   (c) Payment shall begin on or after the effective date of an
adoption assistance agreement, or a deferred adoption assistance
agreement, or a final decree of adoption, provided that the adoption
assistance agreement has been signed by all required parties prior to
or at the time the adoption decree is issued by the court.
   (d) Children on whose behalf an aid for adoption of children
agreement had been executed prior to October 1, 1982, shall continue
to receive aid for adoption of children benefits in accordance with
the terms of that agreement. This aid for adoption of children
agreement may be renewed, provided that total benefits do not exceed
five years.  Prior to the end of the five-year period, if there is a
continuing need related to a chronic health condition of the child
that necessitated the initial financial assistance, the time period
for which it may be given shall be determined by the department or
the agency, but shall not extend past the time that the child reaches
18 years of age. Prior to the expiration of the extension period, if
there is a continuing need, a parent may petition the department or
the designated licensed adoption agency for a new period of
termination.  The department or the agency shall make its
determination regarding the financial ability of the parents to meet
the continuing medical needs of the child's health condition at the
time of adoption, taking into consideration community resources.
16121.1.  Notwithstanding the provisions of Section 11105, the
residence of the adoptive parents at the time of or subsequent to
adoptive placement shall not terminate the eligibility of a child who
is otherwise eligible for adoptive assistance payments.
16121.2.  The Director of Social Services and the Director of Health
Services may enter into interstate agreements pursuant to Chapter
2.6 (commencing with Section 16170) that provide for medical and
other necessary services for special needs children, establish
procedures for interstate delivery of adoption assistance and related
services and benefits, and provide for the adoption of related
regulations.
16122.  (a) It is the intent of the Legislature in enacting this
chapter to provide children who would otherwise remain in long-term
foster care with permanent adoptive homes.  It is also the intent of
this Legislature to encourage private adoption agencies to continue
placing these children, and in so doing, to achieve a substantial
savings to the state in foster care costs.
   (b) From any funds appropriated for this purpose, the state shall
compensate private adoption agencies licensed pursuant to Chapter 3
(commencing with Section 1500) of Division 2 of the Health and Safety
Code for costs of placing for adoption children eligible for
Adoption Assistance Program benefits pursuant to Section 16120.
   These agencies shall be compensated for otherwise unreimbursed
costs for the placement of these children in an amount not to exceed
a total of three thousand five hundred dollars ($3,500) per child
adopted.  Half of the compensation shall be paid at the time the
adoptive placement agreement is signed.  The remainder shall be paid
at the time the adoption petition is granted by the court.  Requests
for compensation shall conform to claims procedures established by
the department.  This section shall not be construed to authorize
reimbursement to private agencies for intercountry adoption services.
   (c) Effective July 1, 1999, the maximum amount of reimbursement
pursuant to subdivision (b) shall be five thousand dollars ($5,000).
16123.  The provisions of Section 16120, permitting the payment of
adoption assistance until a child attains the age of 18 or 21 if the
child has mental or physical handicaps, shall be effective as long as
federal funds are available under Title IV-E of the federal Social
Security Act (Part E (commencing with Section 670) of Subchapter 4 of
Chapter 7 of Title 42 of the United States Code).  When those funds
cease to be available the maximum length for payment of the Adoption
Assistance Program shall be five years except in instances in which
there is a continuing need, related to a chronic health condition of
the child which necessitated the initial financial assistance.  In
those cases, a parent may, until October 1, 1992, petition the
department or licensed adoption agency to continue financial
assistance up to age of majority.  On and after October 1, 1992, the
parent may petition the department or the responsible county to
continue financial assistance up to the age of majority.