The California Department of Social Services has clarification about Adoption Assistance Program (AAP) eligibility when a child is relinquished to a private adoption agency. When a private adoption agency is involved, the adopting family can be eligible for AAP if the child is eligible to receive SSI or the child was eligible to receive AAP based on a prior adoption that dissolved due to death or termination of parental rights of the previous adoptive parents.
For eligibility based on a finding that remaining in the home is contrary to the child’s welfare, CDSS states that private adoption agencies cannot seek the required juvenile court finding that staying with the natural parents is contrary to the child’s welfare. Only the county child welfare agency can seek that finding. This means if there is no petition to remove the child from the home or no subsequent judicial determination that remaining in the home is contrary to the child’s welfare, the child is not eligible for AAP based on a juvenile court finding. In addition, if a court only sanctions a voluntary relinquishment, the child is not eligible for AAP.
Children adopted through private agencies can be eligible for state-only AAP if the county child welfare agency certifies that the child was at risk of dependency. The private agency must get this certification from the county child welfare agency. The county child welfare agency has discretion whether to make this finding. For this certification, the county child welfare agency must find that the child was at risk of dependency without voluntary relinquishment and there was substantial risk of abuse or neglect. ACL 16-38 (May 10, 2016).