The California Department of Social Services has issued instructions regarding a change in federal law about eligibility for Adoption Assistance Program benefits. Effective October 1, 2017, children who are under age 2 and will not turn age two within the current fiscal year are ineligible for federal Adoption Assistance Program benefits. Initial Adoption Assistance Program agreements signed between October 1, 2017 and December 31, 2017 will remain in effect. Initial agreements signed after January 1, 2018 will need to be reassessed
Such children can be eligible for Adoption Assistance Program benefits if they are placed with a sibling who meets the applicable child standard, they meet the nonapplicable child standard or the meet the standard for state-only Adoption Assistance benefits.
Nonapplicable children are:
1) The child met the AFDC eligibility requirements in the home of removal at the time the child was removed, the child’s removal and either a) the child’s removal from the home was based on a judicial determination, b) the child was voluntarily relinquished to a licensed public or private adoption agency with a petition to the court to remove the child or a judicial determination that remaining in the home would be against the child’s interest within six months of removal, or c) the child was voluntarily placed with a public agency and received at least one month of Foster Care benefits;
2) At least one Foster Care payment was made on behalf of the child’s minor parent;
3) The child received Adoption Assistance Program benefits with respect to a prior adoption that dissolved because of termination of the adoptive parent’s parental rights or the death of an adoptive parent; or
4) The child is eligible for Supplemental Security Income benefits.
(ACL 18-122, October 18, 2018.)