CDSS has issued a clarification regarding Adoption Assistance Program (AAP) eligibility.  Starting October 1, 2016, children are eligible for federal AAP if they age 2 or older.  Federal AAP requires the placing agency to have a Title IV-E agreement with the state of California.  This means that children placed by public agencies or Indian tribes can be eligible for federal AAP if the placing agency has a Title IV-E agreement.  However, children placed through a private agency cannot be eligible for federal AAP.

Please note that children placed by private agencies can be eligible for state AAP.  (See ACL 16-38, summarized here.)  ACIN I-82-16 (November 16, 2016).

CDSS has transmitted a new form notice of action for the Adoption Assistance Program and instructions regarding Adoption Assistance Program overpayments.  The instructions require that the comment section of the form be used to provide the reason for and clarification of the action taken.  The instructions also require that specific regulation supporting the county’s action be cited in the form.

CDSS also states that there are only three situations when an Adoption Assistance Program overpayment is collectable: 1) The responsible public agency has determined that the adoptive parents are no longer legally responsible for the support of the child; 2) The responsible public agency has determined that the adoptive parents are no longer supporting the child and 3) The responsible public agency determines the adoptive parents may have committed fraud.

Counties cannot demand repayment caused by county error.  ACL 16-29 (November 7, 2016).

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).