Adoption

Adoption Assistance Program eligibility for Indian children

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Prior to January 1, 2025, an Indian child who was adopted from tribal jurisdiction was not eligible for Adoption Assistance Program (AAP) benefits.  This was because tribal courts generally do not terminate parental rights as part of the adoption process.

Effective January 1, 2025, an Indian child whose case is transferred from state court jurisdiction to tribal court jurisdiction can be eligible for AAP because a final order of adoption from the tribal court now meets the criteria for AAP eligibility.

In these cases, the county of state court dependency jurisdiction is the responsible county and responsible public agency for AAP.

A tribe does not need to have a Title IV-E agreement with the state or federal government to be eligible for AAP payments.

In these cases, the tribe will need to communicate to the responsible county that there is a plan of adoption, and will need to help the adoptive parents with the AAP application.  (ACL 25-20, March 18, 2025.)

Adoption Assistance Program Wraparound services

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Wraparound services are community based mental health services.  The Adoption Assistance Program (AAP) can fund Wraparound services, in lieu of out of home placement, for up to 18 months per episode or condition.  Adoptive parents can request an additional 18 months of Wraparound services for a new episode or condition.

Adoptive parents who use Wraparound services for an AAP eligible child are private pay consumers.  Wraparound service contracts are between the adoptive parent and the service provider.  For Wraparound services, adoptive parents ask their responsible public agency to increase the child’s total monthly negotiated AAP rate to cover the cost of Wraparound services.  Adoptive parents must provide supporting documentation to the responsible public agency to support their request.

A specialized service beyond the capability of the service provider may be provided indirectly, that is, by a different provider.  The specialized service must be part of the service contract and plan of care, and it must be identified as necessary support for the AAP child by the Wraparound Team.

Wraparound service providers cannot use AAP funds to cover the costs of respite care that is more than a total of 30 days.   (ACL 24-66, August 30, 2024.)

COVID-19 end of additional foster care and adoption flexibilities

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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

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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

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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.)