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 the 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.
In accordance with federal law, any savings in state funds realized
from the change in federal funding for adoption assistance resulting
from the enactment of Public Law 110-351 shall be spent for the
provision of foster care and adoption services. 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 this 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. The department or
licensed adoption agency shall also provide information regarding the
federal adoption tax credit for any individual who is adopting or
considering adopting a child in foster care, in accordance with
Section 403 of the federal Fostering Connections to Success and
Increasing Adoptions Act of 2008 (Public Law 110-351).
(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, or the amount of adoption assistance payments. 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.
(g) The department or licensed adoption agency shall inform the
prospective adoptive family of their potential eligibility for a
federal tax credit under Section 23 of the Internal Revenue Code of
1986 (26 U.S.C. Sec. 23) and a state tax credit under Section
17052.25 of the Revenue and Taxation Code.
16120. A child shall be eligible for Adoption Assistance Program
benefits if all of the conditions specified in subdivisions (a) to
(l), inclusive, are met or if the conditions specified in subdivision
(m) are met.
(a) It has been determined that the child cannot or should not be
returned to the home of his or her parents as evidenced by a petition
for termination of parental rights, a court order terminating
parental rights, or a signed relinquishment, or, in the case of a
tribal customary adoption, if the court has given full faith and
credit to a tribal customary adoption order as provided for pursuant
to paragraph (2) of subdivision (e) of Section 366.26.
(b) 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, three years of age 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.
(c) 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.
(d) The child satisfies any of the following criteria:
(1) He or she is under 18 years of age.
(2) He or she is under 21 years of age and has a mental or
physical handicap that warrants the continuation of assistance.
(3) Effective January 1, 2012, he or she is under 19 years of age,
effective January 1, 2013, he or she is under 20 years of age, and
effective January 1, 2014, he or she is under 21 years of age and
attained 16 years of age before the adoption assistance agreement
became effective, and one or more of the conditions specified in
subdivision (b) of Section 11403.
(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) The prospective adoptive parent or any adult living in the
prospective adoptive home has completed the criminal background check
requirements pursuant to Section 671(a)(20)(A) and (C) of Title 42
of the United States Code.
(i) To be eligible for state funding, the child is the subject of
an agency adoption, as defined in Section 8506 of the Family Code and
was any of the following:
(1) Under the supervision of a county welfare department as the
subject of a legal guardianship or juvenile court dependency.
(2) Relinquished for adoption to a licensed California private or
public adoption agency, or another public agency operating a Title
IV-E program on behalf of the state, and would have otherwise been at
risk of dependency as certified by the responsible public child
welfare agency.
(3) Committed to the care of the department pursuant to Section
8805 or 8918 of the Family Code.
(4) The child is an Indian child and the subject of an order of
adoption based on tribal customary adoption of an Indian child, as
described in Section 366.24. Notwithstanding Section 8600.5 of the
Family Code, for purposes of this subdivision a tribal customary
adoption shall be considered an agency adoption.
(j) To be eligible for federal funding, in the case of a child who
is not an applicable child for the federal fiscal year as defined in
subdivision (n), the child satisfies any of the following criteria:
(1) Prior to the finalization of 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 was removed from the home of a specified relative
and the child would have been AFDC-eligible in the home of removal
according to Section 606(a) or 607 of Title 42 of the United States
Code, as those sections were in effect on July 16, 1996, in the month
of the voluntary placement agreement or in the month court
proceedings are initiated to remove the child, resulting in a
judicial determination that continuation in the home would be
contrary to the child's welfare. The child must have been living with
the specified relative from whom he or she was removed within six
months of the month the voluntary placement agreement was signed or
the petition to remove was filed.
(3) The child was voluntarily relinquished to a licensed public or
private adoption agency, or another public agency operating a Title
IV-E program on behalf of the state, and there is a petition to the
court to remove the child from the home within six months of the time
the child lived with a specified relative and a subsequent judicial
determination that remaining in the home would be contrary to the
child's welfare.
(4) Title IV-E foster care maintenance was paid on behalf of the
child's minor parent and covered the cost of the minor parent's child
while the child was in the foster family home or child care
institution with the minor parent.
(5) The child is an Indian child and the subject of an order of
adoption based on tribal customary adoption of an Indian child, as
described in Section 366.24.
(k) To be eligible for federal funding, in the case of a child who
is an applicable child for the federal fiscal year, as defined in
subdivision (n), the child meets any of the following criteria:
(1) At the time of initiation of adoptive proceedings was in the
care of a public or licensed private child placement agency or Indian
tribal organization pursuant to either of the following:
(A) An involuntary removal of the child from the home in
accordance with a judicial determination to the effect that
continuation in the home would be contrary to the welfare of the
child.
(B) A voluntary placement agreement or a voluntary relinquishment.
(2) He or she meets all medical or disability requirements of
Title XVI with respect to eligibility for supplemental security
income benefits.
(3) He or she was residing in a foster family home or a child care
institution with the child's minor parent, and the child's minor
parent was in the foster family home or child care institution
pursuant to either of the following:
(A) An involuntary removal of the child from the home in
accordance with a judicial determination to the effect that
continuation in the home would be contrary to the welfare of the
child.
(B) A voluntary placement agreement or voluntary relinquishment.
(4) The child is an Indian child and the subject of an order of
adoption based on tribal customary adoption of an Indian child, as
described in Section 366.24.
(l) The child is a citizen of the United States or a qualified
alien as defined in Section 1641 of Title 8 of the United States
Code. If the child is a qualified alien who entered the United States
on or after August 22, 1996, and is placed with an unqualified
alien, the child must meet the five-year residency requirement
pursuant to Section 673(a)(2)(B) of Title 42 of the United States
Code, unless the child is a member of one of the excepted groups
pursuant to Section 1612(b) of Title 8 of the United States Code.
(m) A child shall be eligible for Adoption Assistance Program
benefits if the following conditions are met:
(1) 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 and the child meets the special needs criteria
described in subdivisions (a) to (c), inclusive.
(2) To receive federal funding, the citizenship requirements in
subdivision (l).
(n) (1) Except as provided in this subdivision, "applicable child"
means a child for whom an adoption assistance agreement is entered
into under this section during any federal fiscal year described in
this subdivision if the child attained the applicable age for that
federal fiscal year before the end of that federal fiscal year.
(A) For federal fiscal year 2010, the applicable age is 16 years.
(B) For federal fiscal year 2011, the applicable age is 14 years.
(C) For federal fiscal year 2012, the applicable age is 12 years.
(D) For federal fiscal year 2013, the applicable age is 10 years.
(E) For federal fiscal year 2014, the applicable age is eight
years.
(F) For federal fiscal year 2015, the applicable age is six years.
(G) For federal fiscal year 2016, the applicable age is four
years.
(H) For federal fiscal year 2017, the applicable age is two years.
(I) For federal fiscal year 2018 and thereafter, any age.
(2) Beginning with the 2010 federal fiscal year, the term
"applicable child" shall include a child of any age on the date on
which an adoption assistance agreement is entered into on behalf of
the child under this section if the child meets both of the following
criteria:
(A) He or she has been in foster care under the responsibility of
the state for at least 60 consecutive months.
(B) He or she meets the requirements of subdivision (k).
(3) Beginning with the 2010 federal fiscal year, an applicable
child shall include a child of any age on the date that an adoption
assistance agreement is entered into on behalf of the child under
this section, without regard to whether the child is described in
paragraph (2), if the child meets all of the following criteria:
(A) He or she is a sibling of a child who is an applicable child
for the federal fiscal year, under subdivision (n) or paragraph (2).
(B) He or she is to be placed in the same adoption placement as an
"applicable child" for the federal fiscal year who is their sibling.
(C) He or she meets the requirements of subdivision (k).
(o) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
16120. A child shall be eligible for Adoption Assistance Program
benefits if all of the conditions specified in subdivisions (a) to
(l), inclusive, are met or if the conditions specified in subdivision
(m) are met.
(a) It has been determined that the child cannot or should not be
returned to the home of his or her parents as evidenced by a petition
for termination of parental rights, a court order terminating
parental rights, or a signed relinquishment.
(b) 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, three years of age 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.
(c) 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.
(d) The child satisfies any of the following criteria:
(1) He or she is under 18 years of age.
(2) He or she is under 21 years of age and has a mental or
physical handicap that warrants the continuation of assistance.
(3) Effective January 1, 2012, he or she is under 19 years of age,
effective January 1, 2013, he or she is under 20 years of age, and
effective January 1, 2014, he or she is under 21 years of age and
attained 16 years of age before the adoption assistance agreement
became effective, and one or more of the conditions specified in
subdivision (b) of Section 11403.
(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) The prospective adoptive parent or any adult living in the
prospective adoptive home has completed the criminal background check
requirements pursuant to Section 671(a)(20)(A) and (C) of Title 42
of the United States Code.
(i) To be eligible for state funding, the child is the subject of
an agency adoption, as defined in Section 8506 of the Family Code and
was any of the following:
(1) Under the supervision of a county welfare department as the
subject of a legal guardianship or juvenile court dependency.
(2) Relinquished for adoption to a licensed California private or
public adoption agency, or another public agency operating a Title
IV-E program on behalf of the state, and would have otherwise been at
risk of dependency as certified by the responsible public child
welfare agency.
(3) Committed to the care of the department pursuant to Section
8805 or 8918 of the Family Code.
(j) To be eligible for federal funding, in the case of a child who
is not an applicable child for the federal fiscal year as defined in
subdivision (n), the child satisfies any of the following criteria:
(1) Prior to the finalization of 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 was removed from the home of a specified relative
and the child would have been AFDC-eligible in the home of removal
according to Section 606(a) or 607 of Title 42 of the United States
Code, as those sections were in effect on July 16, 1996, in the month
of the voluntary placement agreement or in the month court
proceedings are initiated to remove the child, resulting in a
judicial determination that continuation in the home would be
contrary to the child's welfare. The child must have been living with
the specified relative from whom he or she was removed within six
months of the month the voluntary placement agreement was signed or
the petition to remove was filed.
(3) The child was voluntarily relinquished to a licensed public or
private adoption agency, or another public agency operating a Title
IV-E program on behalf of the state, and there is a petition to the
court to remove the child from the home within six months of the time
the child lived with a specified relative and a subsequent judicial
determination that remaining in the home would be contrary to the
child's welfare.
(4) Title IV-E foster care maintenance was paid on behalf of the
child's minor parent and covered the cost of the minor parent's child
while the child was in the foster family home or child care
institution with the minor parent.
(k) To be eligible for federal funding, in the case of a child who
is an applicable child for the federal fiscal year, as defined in
subdivision (n), the child meets any of the following criteria:
(1) At the time of initiation of adoptive proceedings was in the
care of a public or licensed private child placement agency or Indian
tribal organization pursuant to either of the following:
(A) An involuntary removal of the child from the home in
accordance with a judicial determination to the effect that
continuation in the home would be contrary to the welfare of the
child.
(B) A voluntary placement agreement or a voluntary relinquishment.
(2) He or she meets all medical or disability requirements of
Title XVI with respect to eligibility for supplemental security
income benefits.
(3) He or she was residing in a foster family home or a child care
institution with the child's minor parent, and the child's minor
parent was in the foster family home or child care institution
pursuant to either of the following:
(A) An involuntary removal of the child from the home in
accordance with a judicial determination to the effect that
continuation in the home would be contrary to the welfare of the
child.
(B) A voluntary placement agreement or voluntary relinquishment.
(l) The child is a citizen of the United States or a qualified
alien as defined in Section 1641 of Title 8 of the United States
Code. If the child is a qualified alien who entered the United States
on or after August 22, 1996, and is placed with an unqualified
alien, the child must meet the five-year residency requirement
pursuant to Section 673(a)(2)(B) of Title 42 of the United States
Code, unless the child is a member of one of the excepted groups
pursuant to Section 1612(b) of Title 8 of the United States Code.
(m) A child shall be eligible for Adoption Assistance Program
benefits if the following conditions are met:
(1) 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 and the child meets the special needs criteria
described in subdivisions (a) to (c), inclusive.
(2) To receive federal funding, the citizenship requirements in
subdivision (l).
(n) (1) Except as provided in this subdivision, "applicable child"
means a child for whom an adoption assistance agreement is entered
into under this section during any federal fiscal year described in
this subdivision if the child attained the applicable age for that
federal fiscal year before the end of that federal fiscal year.
(A) For federal fiscal year 2010, the applicable age is 16 years.
(B) For federal fiscal year 2011, the applicable age is 14 years.
(C) For federal fiscal year 2012, the applicable age is 12 years.
(D) For federal fiscal year 2013, the applicable age is 10 years.
(E) For federal fiscal year 2014, the applicable age is eight
years.
(F) For federal fiscal year 2015, the applicable age is six years.
(G) For federal fiscal year 2016, the applicable age is four
years.
(H) For federal fiscal year 2017, the applicable age is two years.
(I) For federal fiscal year 2018 and thereafter, any age.
(2) Beginning with the 2010 federal fiscal year, the term
"applicable child" shall include a child of any age on the date on
which an adoption assistance agreement is entered into on behalf of
the child under this section if the child meets both of the following
criteria:
(A) He or she has been in foster care under the responsibility of
the state for at least 60 consecutive months.
(B) He or she meets the requirements of subdivision (k).
(3) Beginning with the 2010 federal fiscal year, an applicable
child shall include a child of any age on the date that an adoption
assistance agreement is entered into on behalf of the child under
this section, without regard to whether the child is described in
paragraph (2), if the child meets all of the following criteria:
(A) He or she is a sibling of a child who is an applicable child
for the federal fiscal year, under subdivision (n) or paragraph (2).
(B) He or she is to be placed in the same adoption placement as an
applicable child for the federal fiscal year who is his or her
sibling.
(C) He or she meets the requirements of subdivision (k).
(o) This section shall become operative on January 1, 2014.
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 special
needs child, as defined in subdivisions (a) to (c), inclusive, and
subdivision (l), of Section 16120. 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. (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. This subdivision shall only apply to
adoption assistance agreements executed before January 1, 2010.
(1) Notwithstanding any other provision of this section, for
adoption assistance agreements executed on or after January 1, 2010,
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 amount shall not exceed the foster
care maintenance payment, and any applicable specialized care
increment, that the child received while placed in a licensed or
approved family home pursuant to subdivisions (a) to (d), inclusive,
of Section 11461.
(2) For adoption assistance agreements executed on or after
January 1, 2010, adoption assistance benefits shall not be increased
based on age, as occurs for foster family homes pursuant to
subdivisions (a) to (d), inclusive, of Section 11461. This paragraph
shall not preclude any reassessments of the child's needs, consistent
with other provisions of this chapter.
(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 may be authorized for payment for an eligible child's group
home or residential treatment facility placement if the placement is
justified by a specific episode or condition and does not exceed an
18-month cumulative period of time. After an initial authorized group
home or residential treatment facility placement, subsequent
authorizations for payment for a group home or residential treatment
facility placement may be based on an eligible child's subsequent
specific episodes or conditions.
(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 with 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 of 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. The
amount and duration of assistance shall not be changed without the
concurrence of the adoptive parents, unless any of the following has
occurred:
(1) The child has attained 18 years of age, or 21 years of age
where the child has a mental or physical disability that warrants the
continuation of assistance.
(2) The adoptive parents are no longer legally responsible for the
support of the child.
(3) The child is no longer receiving any support from adoptive
parents.
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).
(d) Effective February 1, 2008, the maximum amount of
reimbursement pursuant to subdivision (b) shall be ten thousand
dollars ($10,000). 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, or effective January 1, 2012,
up to 21 years of age, if the child meets the criteria specified in
paragraph (3) of subdivision (d) of Section 16120, 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), and
the state continues to exercise its option to extend payments up to
21 years of age, pursuant to Section 473(a)(4) of the federal Social
Security Act (42 U.S.C. Sec. 673(a)(4)). 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 ($750,000) to the City
and County of San Francisco.
(2) One million two hundred fifty thousand dollars ($1,250,000) to
the County of Los Angeles.
(3) A total of two million dollars ($2,000,000), to be awarded to
the two additional counties and the district office selected pursuant
to subparagraph (C) of paragraph (2) 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 ($300,000).
(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 until June 30, 2010.
(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 May 31, 2011.
(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.
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 the 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.
In accordance with federal law, any savings in state funds realized
from the change in federal funding for adoption assistance resulting
from the enactment of Public Law 110-351 shall be spent for the
provision of foster care and adoption services. 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 this 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. The department or
licensed adoption agency shall also provide information regarding the
federal adoption tax credit for any individual who is adopting or
considering adopting a child in foster care, in accordance with
Section 403 of the federal Fostering Connections to Success and
Increasing Adoptions Act of 2008 (Public Law 110-351).
(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, or the amount of adoption assistance payments. 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.
(g) The department or licensed adoption agency shall inform the
prospective adoptive family of their potential eligibility for a
federal tax credit under Section 23 of the Internal Revenue Code of
1986 (26 U.S.C. Sec. 23) and a state tax credit under Section
17052.25 of the Revenue and Taxation Code.
16120. A child shall be eligible for Adoption Assistance Program
benefits if all of the conditions specified in subdivisions (a) to
(l), inclusive, are met or if the conditions specified in subdivision
(m) are met.
(a) It has been determined that the child cannot or should not be
returned to the home of his or her parents as evidenced by a petition
for termination of parental rights, a court order terminating
parental rights, or a signed relinquishment, or, in the case of a
tribal customary adoption, if the court has given full faith and
credit to a tribal customary adoption order as provided for pursuant
to paragraph (2) of subdivision (e) of Section 366.26.
(b) 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, three years of age 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.
(c) 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.
(d) The child satisfies any of the following criteria:
(1) He or she is under 18 years of age.
(2) He or she is under 21 years of age and has a mental or
physical handicap that warrants the continuation of assistance.
(3) Effective January 1, 2012, he or she is under 19 years of age,
effective January 1, 2013, he or she is under 20 years of age, and
effective January 1, 2014, he or she is under 21 years of age and
attained 16 years of age before the adoption assistance agreement
became effective, and one or more of the conditions specified in
subdivision (b) of Section 11403.
(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) The prospective adoptive parent or any adult living in the
prospective adoptive home has completed the criminal background check
requirements pursuant to Section 671(a)(20)(A) and (C) of Title 42
of the United States Code.
(i) To be eligible for state funding, the child is the subject of
an agency adoption, as defined in Section 8506 of the Family Code and
was any of the following:
(1) Under the supervision of a county welfare department as the
subject of a legal guardianship or juvenile court dependency.
(2) Relinquished for adoption to a licensed California private or
public adoption agency, or another public agency operating a Title
IV-E program on behalf of the state, and would have otherwise been at
risk of dependency as certified by the responsible public child
welfare agency.
(3) Committed to the care of the department pursuant to Section
8805 or 8918 of the Family Code.
(4) The child is an Indian child and the subject of an order of
adoption based on tribal customary adoption of an Indian child, as
described in Section 366.24. Notwithstanding Section 8600.5 of the
Family Code, for purposes of this subdivision a tribal customary
adoption shall be considered an agency adoption.
(j) To be eligible for federal funding, in the case of a child who
is not an applicable child for the federal fiscal year as defined in
subdivision (n), the child satisfies any of the following criteria:
(1) Prior to the finalization of 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 was removed from the home of a specified relative
and the child would have been AFDC-eligible in the home of removal
according to Section 606(a) or 607 of Title 42 of the United States
Code, as those sections were in effect on July 16, 1996, in the month
of the voluntary placement agreement or in the month court
proceedings are initiated to remove the child, resulting in a
judicial determination that continuation in the home would be
contrary to the child's welfare. The child must have been living with
the specified relative from whom he or she was removed within six
months of the month the voluntary placement agreement was signed or
the petition to remove was filed.
(3) The child was voluntarily relinquished to a licensed public or
private adoption agency, or another public agency operating a Title
IV-E program on behalf of the state, and there is a petition to the
court to remove the child from the home within six months of the time
the child lived with a specified relative and a subsequent judicial
determination that remaining in the home would be contrary to the
child's welfare.
(4) Title IV-E foster care maintenance was paid on behalf of the
child's minor parent and covered the cost of the minor parent's child
while the child was in the foster family home or child care
institution with the minor parent.
(5) The child is an Indian child and the subject of an order of
adoption based on tribal customary adoption of an Indian child, as
described in Section 366.24.
(k) To be eligible for federal funding, in the case of a child who
is an applicable child for the federal fiscal year, as defined in
subdivision (n), the child meets any of the following criteria:
(1) At the time of initiation of adoptive proceedings was in the
care of a public or licensed private child placement agency or Indian
tribal organization pursuant to either of the following:
(A) An involuntary removal of the child from the home in
accordance with a judicial determination to the effect that
continuation in the home would be contrary to the welfare of the
child.
(B) A voluntary placement agreement or a voluntary relinquishment.
(2) He or she meets all medical or disability requirements of
Title XVI with respect to eligibility for supplemental security
income benefits.
(3) He or she was residing in a foster family home or a child care
institution with the child's minor parent, and the child's minor
parent was in the foster family home or child care institution
pursuant to either of the following:
(A) An involuntary removal of the child from the home in
accordance with a judicial determination to the effect that
continuation in the home would be contrary to the welfare of the
child.
(B) A voluntary placement agreement or voluntary relinquishment.
(4) The child is an Indian child and the subject of an order of
adoption based on tribal customary adoption of an Indian child, as
described in Section 366.24.
(l) The child is a citizen of the United States or a qualified
alien as defined in Section 1641 of Title 8 of the United States
Code. If the child is a qualified alien who entered the United States
on or after August 22, 1996, and is placed with an unqualified
alien, the child must meet the five-year residency requirement
pursuant to Section 673(a)(2)(B) of Title 42 of the United States
Code, unless the child is a member of one of the excepted groups
pursuant to Section 1612(b) of Title 8 of the United States Code.
(m) A child shall be eligible for Adoption Assistance Program
benefits if the following conditions are met:
(1) 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 and the child meets the special needs criteria
described in subdivisions (a) to (c), inclusive.
(2) To receive federal funding, the citizenship requirements in
subdivision (l).
(n) (1) Except as provided in this subdivision, "applicable child"
means a child for whom an adoption assistance agreement is entered
into under this section during any federal fiscal year described in
this subdivision if the child attained the applicable age for that
federal fiscal year before the end of that federal fiscal year.
(A) For federal fiscal year 2010, the applicable age is 16 years.
(B) For federal fiscal year 2011, the applicable age is 14 years.
(C) For federal fiscal year 2012, the applicable age is 12 years.
(D) For federal fiscal year 2013, the applicable age is 10 years.
(E) For federal fiscal year 2014, the applicable age is eight
years.
(F) For federal fiscal year 2015, the applicable age is six years.
(G) For federal fiscal year 2016, the applicable age is four
years.
(H) For federal fiscal year 2017, the applicable age is two years.
(I) For federal fiscal year 2018 and thereafter, any age.
(2) Beginning with the 2010 federal fiscal year, the term
"applicable child" shall include a child of any age on the date on
which an adoption assistance agreement is entered into on behalf of
the child under this section if the child meets both of the following
criteria:
(A) He or she has been in foster care under the responsibility of
the state for at least 60 consecutive months.
(B) He or she meets the requirements of subdivision (k).
(3) Beginning with the 2010 federal fiscal year, an applicable
child shall include a child of any age on the date that an adoption
assistance agreement is entered into on behalf of the child under
this section, without regard to whether the child is described in
paragraph (2), if the child meets all of the following criteria:
(A) He or she is a sibling of a child who is an applicable child
for the federal fiscal year, under subdivision (n) or paragraph (2).
(B) He or she is to be placed in the same adoption placement as an
"applicable child" for the federal fiscal year who is their sibling.
(C) He or she meets the requirements of subdivision (k).
(o) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
16120. A child shall be eligible for Adoption Assistance Program
benefits if all of the conditions specified in subdivisions (a) to
(l), inclusive, are met or if the conditions specified in subdivision
(m) are met.
(a) It has been determined that the child cannot or should not be
returned to the home of his or her parents as evidenced by a petition
for termination of parental rights, a court order terminating
parental rights, or a signed relinquishment.
(b) 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, three years of age 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.
(c) 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.
(d) The child satisfies any of the following criteria:
(1) He or she is under 18 years of age.
(2) He or she is under 21 years of age and has a mental or
physical handicap that warrants the continuation of assistance.
(3) Effective January 1, 2012, he or she is under 19 years of age,
effective January 1, 2013, he or she is under 20 years of age, and
effective January 1, 2014, he or she is under 21 years of age and
attained 16 years of age before the adoption assistance agreement
became effective, and one or more of the conditions specified in
subdivision (b) of Section 11403.
(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) The prospective adoptive parent or any adult living in the
prospective adoptive home has completed the criminal background check
requirements pursuant to Section 671(a)(20)(A) and (C) of Title 42
of the United States Code.
(i) To be eligible for state funding, the child is the subject of
an agency adoption, as defined in Section 8506 of the Family Code and
was any of the following:
(1) Under the supervision of a county welfare department as the
subject of a legal guardianship or juvenile court dependency.
(2) Relinquished for adoption to a licensed California private or
public adoption agency, or another public agency operating a Title
IV-E program on behalf of the state, and would have otherwise been at
risk of dependency as certified by the responsible public child
welfare agency.
(3) Committed to the care of the department pursuant to Section
8805 or 8918 of the Family Code.
(j) To be eligible for federal funding, in the case of a child who
is not an applicable child for the federal fiscal year as defined in
subdivision (n), the child satisfies any of the following criteria:
(1) Prior to the finalization of 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 was removed from the home of a specified relative
and the child would have been AFDC-eligible in the home of removal
according to Section 606(a) or 607 of Title 42 of the United States
Code, as those sections were in effect on July 16, 1996, in the month
of the voluntary placement agreement or in the month court
proceedings are initiated to remove the child, resulting in a
judicial determination that continuation in the home would be
contrary to the child's welfare. The child must have been living with
the specified relative from whom he or she was removed within six
months of the month the voluntary placement agreement was signed or
the petition to remove was filed.
(3) The child was voluntarily relinquished to a licensed public or
private adoption agency, or another public agency operating a Title
IV-E program on behalf of the state, and there is a petition to the
court to remove the child from the home within six months of the time
the child lived with a specified relative and a subsequent judicial
determination that remaining in the home would be contrary to the
child's welfare.
(4) Title IV-E foster care maintenance was paid on behalf of the
child's minor parent and covered the cost of the minor parent's child
while the child was in the foster family home or child care
institution with the minor parent.
(k) To be eligible for federal funding, in the case of a child who
is an applicable child for the federal fiscal year, as defined in
subdivision (n), the child meets any of the following criteria:
(1) At the time of initiation of adoptive proceedings was in the
care of a public or licensed private child placement agency or Indian
tribal organization pursuant to either of the following:
(A) An involuntary removal of the child from the home in
accordance with a judicial determination to the effect that
continuation in the home would be contrary to the welfare of the
child.
(B) A voluntary placement agreement or a voluntary relinquishment.
(2) He or she meets all medical or disability requirements of
Title XVI with respect to eligibility for supplemental security
income benefits.
(3) He or she was residing in a foster family home or a child care
institution with the child's minor parent, and the child's minor
parent was in the foster family home or child care institution
pursuant to either of the following:
(A) An involuntary removal of the child from the home in
accordance with a judicial determination to the effect that
continuation in the home would be contrary to the welfare of the
child.
(B) A voluntary placement agreement or voluntary relinquishment.
(l) The child is a citizen of the United States or a qualified
alien as defined in Section 1641 of Title 8 of the United States
Code. If the child is a qualified alien who entered the United States
on or after August 22, 1996, and is placed with an unqualified
alien, the child must meet the five-year residency requirement
pursuant to Section 673(a)(2)(B) of Title 42 of the United States
Code, unless the child is a member of one of the excepted groups
pursuant to Section 1612(b) of Title 8 of the United States Code.
(m) A child shall be eligible for Adoption Assistance Program
benefits if the following conditions are met:
(1) 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 and the child meets the special needs criteria
described in subdivisions (a) to (c), inclusive.
(2) To receive federal funding, the citizenship requirements in
subdivision (l).
(n) (1) Except as provided in this subdivision, "applicable child"
means a child for whom an adoption assistance agreement is entered
into under this section during any federal fiscal year described in
this subdivision if the child attained the applicable age for that
federal fiscal year before the end of that federal fiscal year.
(A) For federal fiscal year 2010, the applicable age is 16 years.
(B) For federal fiscal year 2011, the applicable age is 14 years.
(C) For federal fiscal year 2012, the applicable age is 12 years.
(D) For federal fiscal year 2013, the applicable age is 10 years.
(E) For federal fiscal year 2014, the applicable age is eight
years.
(F) For federal fiscal year 2015, the applicable age is six years.
(G) For federal fiscal year 2016, the applicable age is four
years.
(H) For federal fiscal year 2017, the applicable age is two years.
(I) For federal fiscal year 2018 and thereafter, any age.
(2) Beginning with the 2010 federal fiscal year, the term
"applicable child" shall include a child of any age on the date on
which an adoption assistance agreement is entered into on behalf of
the child under this section if the child meets both of the following
criteria:
(A) He or she has been in foster care under the responsibility of
the state for at least 60 consecutive months.
(B) He or she meets the requirements of subdivision (k).
(3) Beginning with the 2010 federal fiscal year, an applicable
child shall include a child of any age on the date that an adoption
assistance agreement is entered into on behalf of the child under
this section, without regard to whether the child is described in
paragraph (2), if the child meets all of the following criteria:
(A) He or she is a sibling of a child who is an applicable child
for the federal fiscal year, under subdivision (n) or paragraph (2).
(B) He or she is to be placed in the same adoption placement as an
applicable child for the federal fiscal year who is his or her
sibling.
(C) He or she meets the requirements of subdivision (k).
(o) This section shall become operative on January 1, 2014.
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 special
needs child, as defined in subdivisions (a) to (c), inclusive, and
subdivision (l), of Section 16120. 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. (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. This subdivision shall only apply to
adoption assistance agreements executed before January 1, 2010.
(1) Notwithstanding any other provision of this section, for
adoption assistance agreements executed on or after January 1, 2010,
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 amount shall not exceed the foster
care maintenance payment, and any applicable specialized care
increment, that the child received while placed in a licensed or
approved family home pursuant to subdivisions (a) to (d), inclusive,
of Section 11461.
(2) For adoption assistance agreements executed on or after
January 1, 2010, adoption assistance benefits shall not be increased
based on age, as occurs for foster family homes pursuant to
subdivisions (a) to (d), inclusive, of Section 11461. This paragraph
shall not preclude any reassessments of the child's needs, consistent
with other provisions of this chapter.
(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 may be authorized for payment for an eligible child's group
home or residential treatment facility placement if the placement is
justified by a specific episode or condition and does not exceed an
18-month cumulative period of time. After an initial authorized group
home or residential treatment facility placement, subsequent
authorizations for payment for a group home or residential treatment
facility placement may be based on an eligible child's subsequent
specific episodes or conditions.
(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 with 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 of 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. The
amount and duration of assistance shall not be changed without the
concurrence of the adoptive parents, unless any of the following has
occurred:
(1) The child has attained 18 years of age, or 21 years of age
where the child has a mental or physical disability that warrants the
continuation of assistance.
(2) The adoptive parents are no longer legally responsible for the
support of the child.
(3) The child is no longer receiving any support from adoptive
parents.
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).
(d) Effective February 1, 2008, the maximum amount of
reimbursement pursuant to subdivision (b) shall be ten thousand
dollars ($10,000). 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, or effective January 1, 2012,
up to 21 years of age, if the child meets the criteria specified in
paragraph (3) of subdivision (d) of Section 16120, 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), and
the state continues to exercise its option to extend payments up to
21 years of age, pursuant to Section 473(a)(4) of the federal Social
Security Act (42 U.S.C. Sec. 673(a)(4)). 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 ($750,000) to the City
and County of San Francisco.
(2) One million two hundred fifty thousand dollars ($1,250,000) to
the County of Los Angeles.
(3) A total of two million dollars ($2,000,000), to be awarded to
the two additional counties and the district office selected pursuant
to subparagraph (C) of paragraph (2) 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 ($300,000).
(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 until June 30, 2010.
(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 May 31, 2011.
(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.
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 the 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.
In accordance with federal law, any savings in state funds realized
from the change in federal funding for adoption assistance resulting
from the enactment of Public Law 110-351 shall be spent for the
provision of foster care and adoption services. 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 this 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. The department or
licensed adoption agency shall also provide information regarding the
federal adoption tax credit for any individual who is adopting or
considering adopting a child in foster care, in accordance with
Section 403 of the federal Fostering Connections to Success and
Increasing Adoptions Act of 2008 (Public Law 110-351).
(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, or the amount of adoption assistance payments. 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.
(g) The department or licensed adoption agency shall inform the
prospective adoptive family of their potential eligibility for a
federal tax credit under Section 23 of the Internal Revenue Code of
1986 (26 U.S.C. Sec. 23) and a state tax credit under Section
17052.25 of the Revenue and Taxation Code.
16120. A child shall be eligible for Adoption Assistance Program
benefits if all of the conditions specified in subdivisions (a) to
(l), inclusive, are met or if the conditions specified in subdivision
(m) are met.
(a) It has been determined that the child cannot or should not be
returned to the home of his or her parents as evidenced by a petition
for termination of parental rights, a court order terminating
parental rights, or a signed relinquishment, or, in the case of a
tribal customary adoption, if the court has given full faith and
credit to a tribal customary adoption order as provided for pursuant
to paragraph (2) of subdivision (e) of Section 366.26.
(b) 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, three years of age 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.
(c) 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.
(d) The child satisfies any of the following criteria:
(1) He or she is under 18 years of age.
(2) He or she is under 21 years of age and has a mental or
physical handicap that warrants the continuation of assistance.
(3) Effective January 1, 2012, he or she is under 19 years of age,
effective January 1, 2013, he or she is under 20 years of age, and
effective January 1, 2014, he or she is under 21 years of age and
attained 16 years of age before the adoption assistance agreement
became effective, and one or more of the conditions specified in
subdivision (b) of Section 11403.
(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) The prospective adoptive parent or any adult living in the
prospective adoptive home has completed the criminal background check
requirements pursuant to Section 671(a)(20)(A) and (C) of Title 42
of the United States Code.
(i) To be eligible for state funding, the child is the subject of
an agency adoption, as defined in Section 8506 of the Family Code and
was any of the following:
(1) Under the supervision of a county welfare department as the
subject of a legal guardianship or juvenile court dependency.
(2) Relinquished for adoption to a licensed California private or
public adoption agency, or another public agency operating a Title
IV-E program on behalf of the state, and would have otherwise been at
risk of dependency as certified by the responsible public child
welfare agency.
(3) Committed to the care of the department pursuant to Section
8805 or 8918 of the Family Code.
(4) The child is an Indian child and the subject of an order of
adoption based on tribal customary adoption of an Indian child, as
described in Section 366.24. Notwithstanding Section 8600.5 of the
Family Code, for purposes of this subdivision a tribal customary
adoption shall be considered an agency adoption.
(j) To be eligible for federal funding, in the case of a child who
is not an applicable child for the federal fiscal year as defined in
subdivision (n), the child satisfies any of the following criteria:
(1) Prior to the finalization of 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 was removed from the home of a specified relative
and the child would have been AFDC-eligible in the home of removal
according to Section 606(a) or 607 of Title 42 of the United States
Code, as those sections were in effect on July 16, 1996, in the month
of the voluntary placement agreement or in the month court
proceedings are initiated to remove the child, resulting in a
judicial determination that continuation in the home would be
contrary to the child's welfare. The child must have been living with
the specified relative from whom he or she was removed within six
months of the month the voluntary placement agreement was signed or
the petition to remove was filed.
(3) The child was voluntarily relinquished to a licensed public or
private adoption agency, or another public agency operating a Title
IV-E program on behalf of the state, and there is a petition to the
court to remove the child from the home within six months of the time
the child lived with a specified relative and a subsequent judicial
determination that remaining in the home would be contrary to the
child's welfare.
(4) Title IV-E foster care maintenance was paid on behalf of the
child's minor parent and covered the cost of the minor parent's child
while the child was in the foster family home or child care
institution with the minor parent.
(5) The child is an Indian child and the subject of an order of
adoption based on tribal customary adoption of an Indian child, as
described in Section 366.24.
(k) To be eligible for federal funding, in the case of a child who
is an applicable child for the federal fiscal year, as defined in
subdivision (n), the child meets any of the following criteria:
(1) At the time of initiation of adoptive proceedings was in the
care of a public or licensed private child placement agency or Indian
tribal organization pursuant to either of the following:
(A) An involuntary removal of the child from the home in
accordance with a judicial determination to the effect that
continuation in the home would be contrary to the welfare of the
child.
(B) A voluntary placement agreement or a voluntary relinquishment.
(2) He or she meets all medical or disability requirements of
Title XVI with respect to eligibility for supplemental security
income benefits.
(3) He or she was residing in a foster family home or a child care
institution with the child's minor parent, and the child's minor
parent was in the foster family home or child care institution
pursuant to either of the following:
(A) An involuntary removal of the child from the home in
accordance with a judicial determination to the effect that
continuation in the home would be contrary to the welfare of the
child.
(B) A voluntary placement agreement or voluntary relinquishment.
(4) The child is an Indian child and the subject of an order of
adoption based on tribal customary adoption of an Indian child, as
described in Section 366.24.
(l) The child is a citizen of the United States or a qualified
alien as defined in Section 1641 of Title 8 of the United States
Code. If the child is a qualified alien who entered the United States
on or after August 22, 1996, and is placed with an unqualified
alien, the child must meet the five-year residency requirement
pursuant to Section 673(a)(2)(B) of Title 42 of the United States
Code, unless the child is a member of one of the excepted groups
pursuant to Section 1612(b) of Title 8 of the United States Code.
(m) A child shall be eligible for Adoption Assistance Program
benefits if the following conditions are met:
(1) 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 and the child meets the special needs criteria
described in subdivisions (a) to (c), inclusive.
(2) To receive federal funding, the citizenship requirements in
subdivision (l).
(n) (1) Except as provided in this subdivision, "applicable child"
means a child for whom an adoption assistance agreement is entered
into under this section during any federal fiscal year described in
this subdivision if the child attained the applicable age for that
federal fiscal year before the end of that federal fiscal year.
(A) For federal fiscal year 2010, the applicable age is 16 years.
(B) For federal fiscal year 2011, the applicable age is 14 years.
(C) For federal fiscal year 2012, the applicable age is 12 years.
(D) For federal fiscal year 2013, the applicable age is 10 years.
(E) For federal fiscal year 2014, the applicable age is eight
years.
(F) For federal fiscal year 2015, the applicable age is six years.
(G) For federal fiscal year 2016, the applicable age is four
years.
(H) For federal fiscal year 2017, the applicable age is two years.
(I) For federal fiscal year 2018 and thereafter, any age.
(2) Beginning with the 2010 federal fiscal year, the term
"applicable child" shall include a child of any age on the date on
which an adoption assistance agreement is entered into on behalf of
the child under this section if the child meets both of the following
criteria:
(A) He or she has been in foster care under the responsibility of
the state for at least 60 consecutive months.
(B) He or she meets the requirements of subdivision (k).
(3) Beginning with the 2010 federal fiscal year, an applicable
child shall include a child of any age on the date that an adoption
assistance agreement is entered into on behalf of the child under
this section, without regard to whether the child is described in
paragraph (2), if the child meets all of the following criteria:
(A) He or she is a sibling of a child who is an applicable child
for the federal fiscal year, under subdivision (n) or paragraph (2).
(B) He or she is to be placed in the same adoption placement as an
"applicable child" for the federal fiscal year who is their sibling.
(C) He or she meets the requirements of subdivision (k).
(o) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
16120. A child shall be eligible for Adoption Assistance Program
benefits if all of the conditions specified in subdivisions (a) to
(l), inclusive, are met or if the conditions specified in subdivision
(m) are met.
(a) It has been determined that the child cannot or should not be
returned to the home of his or her parents as evidenced by a petition
for termination of parental rights, a court order terminating
parental rights, or a signed relinquishment.
(b) 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, three years of age 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.
(c) 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.
(d) The child satisfies any of the following criteria:
(1) He or she is under 18 years of age.
(2) He or she is under 21 years of age and has a mental or
physical handicap that warrants the continuation of assistance.
(3) Effective January 1, 2012, he or she is under 19 years of age,
effective January 1, 2013, he or she is under 20 years of age, and
effective January 1, 2014, he or she is under 21 years of age and
attained 16 years of age before the adoption assistance agreement
became effective, and one or more of the conditions specified in
subdivision (b) of Section 11403.
(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) The prospective adoptive parent or any adult living in the
prospective adoptive home has completed the criminal background check
requirements pursuant to Section 671(a)(20)(A) and (C) of Title 42
of the United States Code.
(i) To be eligible for state funding, the child is the subject of
an agency adoption, as defined in Section 8506 of the Family Code and
was any of the following:
(1) Under the supervision of a county welfare department as the
subject of a legal guardianship or juvenile court dependency.
(2) Relinquished for adoption to a licensed California private or
public adoption agency, or another public agency operating a Title
IV-E program on behalf of the state, and would have otherwise been at
risk of dependency as certified by the responsible public child
welfare agency.
(3) Committed to the care of the department pursuant to Section
8805 or 8918 of the Family Code.
(j) To be eligible for federal funding, in the case of a child who
is not an applicable child for the federal fiscal year as defined in
subdivision (n), the child satisfies any of the following criteria:
(1) Prior to the finalization of 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 was removed from the home of a specified relative
and the child would have been AFDC-eligible in the home of removal
according to Section 606(a) or 607 of Title 42 of the United States
Code, as those sections were in effect on July 16, 1996, in the month
of the voluntary placement agreement or in the month court
proceedings are initiated to remove the child, resulting in a
judicial determination that continuation in the home would be
contrary to the child's welfare. The child must have been living with
the specified relative from whom he or she was removed within six
months of the month the voluntary placement agreement was signed or
the petition to remove was filed.
(3) The child was voluntarily relinquished to a licensed public or
private adoption agency, or another public agency operating a Title
IV-E program on behalf of the state, and there is a petition to the
court to remove the child from the home within six months of the time
the child lived with a specified relative and a subsequent judicial
determination that remaining in the home would be contrary to the
child's welfare.
(4) Title IV-E foster care maintenance was paid on behalf of the
child's minor parent and covered the cost of the minor parent's child
while the child was in the foster family home or child care
institution with the minor parent.
(k) To be eligible for federal funding, in the case of a child who
is an applicable child for the federal fiscal year, as defined in
subdivision (n), the child meets any of the following criteria:
(1) At the time of initiation of adoptive proceedings was in the
care of a public or licensed private child placement agency or Indian
tribal organization pursuant to either of the following:
(A) An involuntary removal of the child from the home in
accordance with a judicial determination to the effect that
continuation in the home would be contrary to the welfare of the
child.
(B) A voluntary placement agreement or a voluntary relinquishment.
(2) He or she meets all medical or disability requirements of
Title XVI with respect to eligibility for supplemental security
income benefits.
(3) He or she was residing in a foster family home or a child care
institution with the child's minor parent, and the child's minor
parent was in the foster family home or child care institution
pursuant to either of the following:
(A) An involuntary removal of the child from the home in
accordance with a judicial determination to the effect that
continuation in the home would be contrary to the welfare of the
child.
(B) A voluntary placement agreement or voluntary relinquishment.
(l) The child is a citizen of the United States or a qualified
alien as defined in Section 1641 of Title 8 of the United States
Code. If the child is a qualified alien who entered the United States
on or after August 22, 1996, and is placed with an unqualified
alien, the child must meet the five-year residency requirement
pursuant to Section 673(a)(2)(B) of Title 42 of the United States
Code, unless the child is a member of one of the excepted groups
pursuant to Section 1612(b) of Title 8 of the United States Code.
(m) A child shall be eligible for Adoption Assistance Program
benefits if the following conditions are met:
(1) 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 and the child meets the special needs criteria
described in subdivisions (a) to (c), inclusive.
(2) To receive federal funding, the citizenship requirements in
subdivision (l).
(n) (1) Except as provided in this subdivision, "applicable child"
means a child for whom an adoption assistance agreement is entered
into under this section during any federal fiscal year described in
this subdivision if the child attained the applicable age for that
federal fiscal year before the end of that federal fiscal year.
(A) For federal fiscal year 2010, the applicable age is 16 years.
(B) For federal fiscal year 2011, the applicable age is 14 years.
(C) For federal fiscal year 2012, the applicable age is 12 years.
(D) For federal fiscal year 2013, the applicable age is 10 years.
(E) For federal fiscal year 2014, the applicable age is eight
years.
(F) For federal fiscal year 2015, the applicable age is six years.
(G) For federal fiscal year 2016, the applicable age is four
years.
(H) For federal fiscal year 2017, the applicable age is two years.
(I) For federal fiscal year 2018 and thereafter, any age.
(2) Beginning with the 2010 federal fiscal year, the term
"applicable child" shall include a child of any age on the date on
which an adoption assistance agreement is entered into on behalf of
the child under this section if the child meets both of the following
criteria:
(A) He or she has been in foster care under the responsibility of
the state for at least 60 consecutive months.
(B) He or she meets the requirements of subdivision (k).
(3) Beginning with the 2010 federal fiscal year, an applicable
child shall include a child of any age on the date that an adoption
assistance agreement is entered into on behalf of the child under
this section, without regard to whether the child is described in
paragraph (2), if the child meets all of the following criteria:
(A) He or she is a sibling of a child who is an applicable child
for the federal fiscal year, under subdivision (n) or paragraph (2).
(B) He or she is to be placed in the same adoption placement as an
applicable child for the federal fiscal year who is his or her
sibling.
(C) He or she meets the requirements of subdivision (k).
(o) This section shall become operative on January 1, 2014.
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 special
needs child, as defined in subdivisions (a) to (c), inclusive, and
subdivision (l), of Section 16120. 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. (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. This subdivision shall only apply to
adoption assistance agreements executed before January 1, 2010.
(1) Notwithstanding any other provision of this section, for
adoption assistance agreements executed on or after January 1, 2010,
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 amount shall not exceed the foster
care maintenance payment, and any applicable specialized care
increment, that the child received while placed in a licensed or
approved family home pursuant to subdivisions (a) to (d), inclusive,
of Section 11461.
(2) For adoption assistance agreements executed on or after
January 1, 2010, adoption assistance benefits shall not be increased
based on age, as occurs for foster family homes pursuant to
subdivisions (a) to (d), inclusive, of Section 11461. This paragraph
shall not preclude any reassessments of the child's needs, consistent
with other provisions of this chapter.
(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 may be authorized for payment for an eligible child's group
home or residential treatment facility placement if the placement is
justified by a specific episode or condition and does not exceed an
18-month cumulative period of time. After an initial authorized group
home or residential treatment facility placement, subsequent
authorizations for payment for a group home or residential treatment
facility placement may be based on an eligible child's subsequent
specific episodes or conditions.
(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 with 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 of 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. The
amount and duration of assistance shall not be changed without the
concurrence of the adoptive parents, unless any of the following has
occurred:
(1) The child has attained 18 years of age, or 21 years of age
where the child has a mental or physical disability that warrants the
continuation of assistance.
(2) The adoptive parents are no longer legally responsible for the
support of the child.
(3) The child is no longer receiving any support from adoptive
parents.
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).
(d) Effective February 1, 2008, the maximum amount of
reimbursement pursuant to subdivision (b) shall be ten thousand
dollars ($10,000). 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, or effective January 1, 2012,
up to 21 years of age, if the child meets the criteria specified in
paragraph (3) of subdivision (d) of Section 16120, 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), and
the state continues to exercise its option to extend payments up to
21 years of age, pursuant to Section 473(a)(4) of the federal Social
Security Act (42 U.S.C. Sec. 673(a)(4)). 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 ($750,000) to the City
and County of San Francisco.
(2) One million two hundred fifty thousand dollars ($1,250,000) to
the County of Los Angeles.
(3) A total of two million dollars ($2,000,000), to be awarded to
the two additional counties and the district office selected pursuant
to subparagraph (C) of paragraph (2) 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 ($300,000).
(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 until June 30, 2010.
(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 May 31, 2011.
(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.
