Effective July 1, 2024, there is no longer an age requirement for an applicable child to be eligible for Adoption Assistance Program benefits. This change means that all children will meet the age requirement for an applicable child. (ACIN I-30-24, July 5, 2024.)
Summaries of select CalWORKs, CalFresh, Health and Housing Regulations
Adoption
COVID-19 end of additional foster care and adoption flexibilities
The California Department of Social Services has issued guidance regarding the end of additional flexibilities in the foster care and adoption program because of COVID-19.
The flexibility to do caseworker visits by videoconference instead of in person will end on July 31, 2021. After July 31, 2021, family maintenance visits, monthly caseworker visits, visits with foster youth, post-placement supervision of adoptive placements and periodic caseworker visits must now be done in person.
The flexibility for exceptions to in person signing of adoption documents, and face-to-face visits independent adoptions and witnesses for adoption signing document will also end on July 31, 2021 and those requirements are reinstated after July 31, 2021. (ACL 21-80, July 8, 2021.)
COVID-19 independent adoptions reinstatement of in person requirements
Effective immediately, all in person requirements related to adoption specialist visits in the Independent Adoption that were waived in ACL 20-56, summarized here, are reinstated. Remote visits can only occur if the state, county, or city public health department in the geographical area in which the petitioner(s) resides provides direction to halt in person contact and/or shifts back to Stage 1, the petitioner(s) refuses entry due to their own health and safety concerns related to the risk of COVID-19 infection or the petitioner(s), child, or someone else in the household has been exposed to, is experiencing symptoms of, or has tested positive for, COVID-19.
Other flexibilities in ACL 20-56 can continue for the duration of the Governor’s Declared State of Emergency due to COVID-19, unless a future EO or CDSS guidance ends or modifies it sooner. (ACL 20-92, August 10, 2020.)
COVID-19 independent adoptions
The California Department of Social Services (CDSS) guidance about independent adoptions during COVID-19. This guidance is in effect until June 30, 2020.
In person contact with the birth parent must continue. Alternative communication methods are not allowed. There must be an evaluation if the birth parent’s history or current condition indicates inability to understand the content, nature and effect of signing an adoption agreement.
An agency representative must witness, in person, the birth parent signing the adoption placement agreement. An agency representative must also interview, in person, all persons who are consenting to the adoption. The agency representative must witness the signing of the consent to the adoption in person.
An adoption service provider or representative of the CDSS Regional Office or delegated county agency should not by alternative communication witness or give an interview about the waiver of the right to revoke consent.
The adoption placement and adoption consent form can be filed with the court as soon as it reopens. If the forms cannot be filed with the court, the prospective adoptive parent can submit a copy of the form with 50 percent of the investigation fee directly to CDSS or the delegated county agency and the agency can begin the investigation. All mandatory requirements, including criminal background check, are required before the adoption investigation is finalized.
CDSS or the delegated agency can begin the adoption investigation before the investigation fee is paid, but the fee must be collected before the report is submitted to the court.
Home visits and interviews with prospective adoptive parents can occur via videoconference.
For Interstate Compact on the Placement of Children cases, the required study must be done within 60 days and it must be done in person.
The 180 day time period for investigation reports is suspended because of court closures. The 180 day time period will resume when the state of emergency is lifted. (ACL 20-56, May 18, 2020.)
COVID-19 reassessment and redetermination for AAP and Kin-GAP
The California Department of Social Services (CDSS) has issued guidance regarding reassessment and redetermination for the Adoption Assistance Program and the Kin-GAP program because of COVID-19.
Counties should send the AAP reassessment form to adoptive parents at least 60 and no more than 90 days prior to the reassessment date. Returning the form is optional. If the parent(s) return the form without a request for change, the county can process it when received or wait until after June 30.
If parent(s) return the form requesting an increase in assistance, the county must process it. If parent(s) do not return the form, the rate continues at the rate in the prior AAP agreement. However, signed AAP agreements for wraparound services and out-of-home placements paid by AAP are limited to 18 months.
The requirement to return the Kin-GAP Determination of Eligibility form within two weeks of the date it was mailed is temporarily suspended. Counties shall continue Kin-GAP payments even if receipt of the paperwork is delayed. (ACL 20-47, April 21, 2020.)
Change to Adoption Assistance Program eligibility
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.)