2007 California Welfare and Institutions Code Chapter 2.1. Aid For Adoption Of Children

CA Codes (wic:16115-16125)

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 (0) 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.  (a) 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.
   (b) 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 (AAP) 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.
   (c) (1) Payments on behalf of a child who is a recipient of AAP
benefits who is also a consumer of regional center services shall be
based on the rates established by the State Department of Social
Services pursuant to Section 11464 and subject to the process
described in paragraph (1) of subdivision (d) of Section 16119.
   (2) (A) Except as provided for in subparagraph (B), this
subdivision shall apply to adoption assistance agreements signed on
or after July 1, 2007.
   (B) Rates paid on behalf of regional center consumers who are
recipients of AAP benefits and for whom an adoption assistance
agreement was executed before July 1, 2007, shall remain in effect,
and may only be changed in accordance with Section 16119.
   (i) If the rates paid pursuant to adoption assistance agreements
executed before July 1, 2007, are lower than the rates specified in
paragraph (1) of subdivision (c) or paragraph (1) of subdivision (d)
of Section 11464, respectively, those rates shall be increased, as
appropriate and in accordance Section 16119, to the amount set forth
in paragraph (1) of subdivision (c) or paragraph (1) of subdivision
(d) of Section 11464, effective July 1, 2007. Once set, the rates
shall remain in effect and may only be changed in accordance with
Section 16119.
   (ii) For purposes of this clause, for a child who is a recipient
of AAP benefits or for whom the execution of an AAP agreement is
pending, and who has been deemed eligible for or has sought an
eligibility determination for regional center services pursuant to
subdivision (a) of Section 4512, and for whom a determination of
eligibility for those regional center services has been made, and for
whom, prior to July 1, 2007, a maximum rate determination has been
requested and is pending, the rate shall be determined through an
individualized assessment and pursuant to subparagraph (C) of
paragraph (1) of subdivision (c) of Section 35333 of Title 22 of the
California Code of Regulations as in effect on January 1, 2007, or
the rate established in subdivision (b) of Section 11464, whichever
is greater. Once the rate has been set, it shall remain in effect and
may only be changed in accordance with Section 16119. Other than the
circumstances described in this clause, regional centers shall not
make maximum rate benefit determinations for the AAP.
   (3) Regional centers shall separately purchase or secure the
services contained in the child's IFSP or IPP, pursuant to Section
4684.
   (4) Regulations adopted by the department pursuant to this
subdivision shall be adopted as emergency regulations in accordance
with Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 or the Government Code, and for the purposes of
that chapter, including Section 11349.6 of the Government Code, the
adoption of these regulations is an emergency and shall be considered
by the Office of Administrative Law as necessary for the immediate
preservation of the public peace, health, safety, and general
welfare. The regulations authorized by this paragraph shall remain in
effect for no more than 180 days, by which time final regulations
shall be adopted.
   (d) (1) 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.
   (2) Regional centers shall separately purchase or secure the
services that are contained in the child's Individualized Family
Service Plan (IFSP) or Individual Program Plan (IPP) pursuant to
Section 4684.
   (e) Subdivisions (a), (b), and (d) shall apply only to adoption
assistance agreements signed on or after October 1, 1992.
   (f) This section shall supersede the requirements of subparagraph
(C) of paragraph (1) of Section 35333 of Title 22 of the California
Code of Regulations.



16121.01.  Notwithstanding any other provision of law, the amount of
aid to be paid to an adoptive family for any adoption assistance
agreement executed prior to October 1, 1992, or the foster care
maintenance payment based on the age-related, state-approved foster
family home care rate and any applicable specialized care increment
that would have been paid to an adoptive family for an adoption
assistance agreement executed prior to January 1, 2008, shall not be
adjusted pursuant to the rate increase specified in subparagraph (C)
of paragraph (1) of subdivision (d) of Section 11461 in any
subsequent reassessment on or after January 1, 2008.




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 (,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 (,000).

   (d) Effective February 1, 2008, the maximum amount of
reimbursement pursuant to subdivision (b) shall be ten thousand
dollars (,000). This rate increase shall apply only to those cases
for which the adoptive home study approval occurred on or after July
1, 2007.
   (e) Commencing with the budget subcommittee hearings for the 2008
-09 fiscal year, the State Department of Social Services shall review
the reimbursement methodology for the program and annually provide
information to the fiscal committees of the Legislature on all of the
following:
   (1) The costs and savings, to the extent that these can be
assessed, associated with increasing the reimbursement rate.
   (2) Outcome data, including the increased number of adoptive
placements and finalized adoptions, and how these outcomes compare to
prior years.
   (3) The progress toward earning federal adoption incentives.
   (4) The number of new agencies participating in the placement of
children pursuant to this section.



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.



16124.  (a) (1) Upon the appropriation of funds by the Legislature
for the purposes set forth in this section, the State Department of
Social Services shall establish a project in four counties and one
state district office of the department to provide preadoption and
postadoption services to ensure the successful adoption of children
and youth who have been in foster care 18 months or more, are at
least nine years of age, and are placed in an unrelated foster home
or in a group home.
   (2) The participating entities shall include the following:
   (A) City and County of San Francisco.
   (B) County of Los Angeles.
   (C) Two additional counties and one state district office, based
on criteria developed by the department in consultation with the
County Welfare Directors Association, which shall demonstrate
geographic diversity.
   (3) A county that elects to apply for funding pursuant to this
section shall submit an application to the department no later than a
date determined by the department to ensure timely allocation of
funds. The department shall review the applications received, and
select the eligible counties in accordance with this section.
   (b) Each entity identified pursuant to paragraph (2) of
subdivision (a) shall receive funding to provide preadoption and
postadoption services to the adoptive parents and the targeted
population identified in paragraph (1) of subdivision (a).
   (1) Preadoption and postadoption services for the child and each
family may include, but shall not be limited to, all of the
following:
   (A) Individualized or other recruitment efforts.
   (B) Postadoption services, including respite care.
   (C) Behavioral health services.
   (D) Peer support groups.
   (E) Information and referral services.
   (F) Other locally designed services, as appropriate.
   (G) Relative search efforts.
   (H) Training of adoptive parents, foster youth, or mentoring
families.
   (I) Mediation services.
   (J) Facilitation of siblings in the same placement.
   (K) Facilitation of postadoption contact.
   (L) Engaging youth in permanency decisionmaking.
   (M) Any service or support necessary to resolve any identified
barrier to adoption.
   (2) The services specified in paragraph (1) may be provided
directly by the county, contracted for by the county, or provided
through reimbursement to the family, as approved by the county.
   (c) The amount of funding provided in the appropriation of funds
provided by the annual Budget Act to each county participating in the
project shall be allocated as follows:
   (1) Seven hundred fifty thousand dollars (0,000) to the City
and County of San Francisco.
   (2) One million two hundred fifty thousand dollars (,250,000) to
the County of Los Angeles.
   (3) A total of two million dollars (,000,000), to be awarded to
the two additional counties and the district office selected pursuant
to subparagraph (C) of paragraph (3) of subdivision (a), minus any
funds subtracted by the department for the purpose of administering
the project. The amount of funds provided to the department for
administration of the project, including the costs of collecting and
analyzing data pursuant to subdivision (h) and developing the
information pursuant to subdivision (i), shall not exceed three
hundred thousand dollars (0,000).
   (4) If the appropriated amount in the annual Budget Act differs
from the total amount specified above, then the funds shall be
distributed in the same proportion as the amounts listed in
paragraphs (1) to (3), inclusive.
   (d) Funds shall be allocated to the counties pursuant to
subdivision (c) no later than January 1 of each year, and shall
remain available for expenditure for three years.
   (e) (1) The department shall seek approval for any federal
matching funds that may be available to supplement the project.
   (2) The implementation of the project shall not be dependent upon
the receipt of federal funding.
   (3) Project funds shall supplement, and not supplant, existing
federal, state, and local funds, and shall be used only in accordance
with the terms and conditions of the project.
   (4) No expenditure made for services specified in subdivision (b)
may be made to the extent that it renders the family ineligible for
federal adoption assistance.
   (f) The project shall be implemented only upon the adoption of a
resolution adopted by each county board of supervisors.
   (g) The department shall work with the counties to develop the
requirements for the project, including the number of families that
may participate in the project, given the available resources, and
guidelines for data collection, as required by subdivision (h).
   (h) (1) The department shall work with the participating county
and the state district office to analyze the effects of the project.

   (2) Measures assessed by the state and counties shall include, but
shall not be limited to, the following:
   (A) The extent to which the adoptions of the targeted population
identified in paragraph (1) of subdivision (a) increased as a result
of the project.
   (B) The number of families and children served by the project.
   (C) The type and amount of preadoption and postadoption services
that were provided to children and families under the project.
   (i) The department shall provide information to the Legislature on
the results of the project by November 30, 2010.
   (j) Adoption programs in the project counties shall be encouraged
to create public-private partnerships with private adoption agencies
to maximize their success in improving permanent outcomes for older
foster youth.



16125.  A foster child whose adoption has become final, who is
receiving or is eligible to receive Adoption Assistance Program
assistance, including Medi-Cal, and whose foster care court
supervision has been terminated, shall be provided medically
necessary specialty mental health services by the local mental health
plan in the county of residence of his or her adoptive parents,
pursuant to all of the following:
   (a) The host county mental health plan shall be responsible for
submitting the treatment authorization request (TAR) to the mental
health plan in the county of origin.
   (b) The requesting public or private service provider shall
prepare the TAR.
   (c) The county of origin shall retain responsibility for
authorization and reauthorization of services utilizing an expedited
TAR process.