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California State Subsidy Profile (Para esta informacion en español, oprima aqui.) Updated October 2011 State Subsidy Contact Person Joni Furuoka, Manager NACAC Subsidy Representative (parent/volunteer) Jayne Rovianek What Is Adoption Subsidy? Parents who are thinking about or are in the process of adopting a child with special needs from foster care should know about adoption assistance (also known as adoption subsidy). Federal (Title IV-E) and state (often called non-IV-E) adoption assistance programs are designed to help parents meet their adopted children’s varied, and often costly, needs. Children can qualify for federal adoption assistance or state assistance, depending on the child’s history. Adoption subsidy policies and practices are, for the most part, dependent on the state in which the child was in foster care before the adoption. Below is information related to definitions of special needs, benefits available, and procedures in California. Answers to select questions were made available by the Association of Administrators of the Interstate Compact on Adoption and Medical Assistance (AAICAMA) through the Child Welfare Information Gateway (www.childwelfare.gov). Profiles for other states’ subsidy programs are available. If you have additional questions, please contact NACAC at 651-644-3036, 800-470-6665, or adoption.assistance@nacac.org. If you have state-specific questions, please call your State Subsidy Contact Person or the NACAC Subsidy Representative (listed above) for more information. For more information on Title IV-E eligibility, view our fact sheet Eligibility and Benefits for Federal Adoption Assistance. General adoption information: State-specific medical assistance: Adoption assistance: California law related to adoption assistance (California Code, Welfare and Institutions Code, Section 16115-16124) California regulations:
1. How does California define special needs to determine eligibility? A child must meet the following three requirements to be considered a child with special needs:
2. Does the state-only funded adoption assistance program differ in any way from the Title IV-E program? To be eligible for state-funded adoption assistance, a child must be the subject of an agency adoption and one of the following circumstances applies:
3. Are children adopted from private agencies in California eligible for adoption assistance? Yes, children adopted from a private agency may be eligible to recieve adoption assistance. To apply for AAP, adoptive families must submit a completed Request for Adoption Assistance (AAP 1) form provided by their licensed adoption agency. The responsible public agency will determine if the child meets the special needs eligibility for the program. If the child is eligible, the responsible public agency will negotiate a signed adoption assistance agreement, or a deferred adoption assistance agreement will be executed with the adoptive parents, before the adoption finalization.
Monthly Payments 4. What is the maximum basic monthly adoption assistance maintenance payment in California? The maximum AAP payment is a negotiated rate based on the child’s special needs and the family’s circumstances. The following basic FFH rate structures are effective July 1, 2011:
5. Does California provide specialized rates (based on the extraordinary needs of the child or the additional parenting skill needed to raise the child)? If the child’s needs are greater and require a higher level of care and supervision, he or she may qualify for a Special Care Increment (SCI) in addition to the age-related, state-approved foster family home rate. The SCI rate varies county to county since each county has their own SCI rate schedule. A child who is developmentally delayed and a current consumer of California Regional Center (CRC) services may be eligible to recieve a dual agency rate not to exceed the maximum rate of $3,006 per month. 6. When do adoption assistance payments begin? Adoption assistance payments and benefits may begin when the AAP agreement is signed by all parties either before or at the time the court issues the adoption decree. 7. When a child turns 18, which benefits, if any, continue? A child’s AAP benefits terminate at age 18 unless they have a mental or physical disability that warrants the continuation of benefits to age 21. Starting January 1, 2012, youth who have an initial AAP agreement signed on or after their 16th birthday may be eligible for the extension of AAP benefits to the age of 19, the age of 20 effective January 1, 2013, and the age of 21 effective January 1, 2014. To be eligible the youth must meet one of the following criteria:
The adoptive parents may contact the responsible public agency and request that the child/youth be evaluated for continuation of benefits. 8. Does California offer deferred adoption assistance agreements (agreements where initial monthly maintenance amount is $0 for children at risk of developing special needs later)? If the child is AAP eligible and does not require immediate benefits or the adoptive parents choose not to use the AAP benefits, the adoptive parent is encouraged to sign a deferred adoption assistance agreement. A deferred agreement retains the child’s eligibility for AAP benefits at a future time and qualifies the child for Medi-Cal benefits when needed.
9. What Medicaid services are available in California? For detailed information, families can contact the California Department of Health Services, Medical Care Services at 916-440-7800. Services include, but are not limited to, the following:
10. What medical benefits are available for state-funded children? (Children who have federally funded/Title IV-E adoption assistance are automatically eligible for Medicaid benefits.) Non-IV-E eligible children are eligible for state-only Medi-Cal benefits in California. These benefits cover the same services that IV-E eligible children receive through Medicaid. 11. What mental health services are available? Public mental health services for children in California are administered by the Department of Health Services, Department of Mental Health, through the state Medicaid program known as Medi-Cal. Services may include counseling, psychiatric services, medication, and mental health treatment for children and families. The person receiving services and the mental health provider partner to decide the appropriate services for that person. Additional information on mental health services is available at:
Not all services may be available in all cases. Families should contact their adoption assistance worker or medical assistance specialist for information about process, eligibility, availability, and duration of services.
12. In California, what nonrecurring adoption expenses directly related to the finalization of an adoption may be reimbursed? Parents may be reimbursed for up to $400 per child for eligible adoption expenses such as reasonable and necessary adoption fees, court costs, attorney fees, and other expenses directly related to the legal adoption of the child. Families must apply for this reimbursement before adoption finalization. International adoptees are not eligible. 13. Is child care available? If yes, who is eligible and how do families access child care? No. California does not offer additional assistance above the maximum eligible AAP rate, Medicaid, and reimbursement of nonrecurring adoption expenses. 14. Is respite care available? If yes, who is eligible and how do families access respite care? For developmentally disabled children, there are Regional Center programs that contract with the state to coordinate a variety of services, including respite. Community-based and public agencies may also provide respite. Search the ARCH National Respite Network Respite Locator Service (http://www.respitelocator.org) by state to find respite options in California. 15. Is residential treatment available? If yes, who is eligible and how do families access residential treatment services? When an AAP-eligible child is placed in an approved out-of-home placement such as a group home or residential treatment facility, the placement should be part of a plan for the child’s return to the adoptive family’s home. AAP may pay for an eligible out-of-home placement if the placement is justified by a specific episode or condition and does not exceed 18 months. After an initial authorized out-of-home placement, subsequent authorizations for payment for the out-of-home placement must be based on the child’s subsequent and specific episode or conditions. The payment for the out-of-home placement may not exceed the maximum state-approved foster care facility rate for which the child is placed. 16. What other post-adoption services are available in California and how do families find out more about them? Post-adoption services are available in many counties throughout California. In counties where agency adoption servcies are provided by the California Adoptions Servcies Bureau, they are administered by the California Department of Social Services, through the Post Adoption Services Project (PASP), parent groups, and contracted agencies. Post-adoption services may include:
Not all services may be available in all cases. Families should contact their state or county adoption assistance worker or post-adoption services contact for information process, eligibility, availability, and duration of services. 17. If the assistance listed above in questions 13 to 16 are for specific services, must these services be explicitly identified in the adoption assistance agreement? It is the adoptive parent’s discretion how they spend the AAP subsidy to meet their child’s needs. There is no itemized list of approved expenses and the responsible public agency may not request an accounting of expenditures.
18. Who initiates the adoption assistance agreement? The AAP agreement is signed by the adoptive parents and the responsible public agency. 19. Who makes the final determination on an adoption assistance agreement? The responsible public agency and the adoptive parents negotiate the AAP benefit amount based on the child’s needs and circumstances of the family. 20. How do families request adoption assistance after finalization of an adoption? To request AAP benefits, adoptive parents may contact the responsible public agency with which they signed the deferred AAP agreement before adoption finalization.
21. Can adoptive parents ask to change an adoption assistance agreement? Adoptive parents may request a change in the adoption assistance agreement at any time. Adoptive parents may submit their request in person or in writing to the responsible public agency. If parents do not agree with the responsible public agency’s decision, they have the right to request an administrative appeal, also known as a fair hearing. No form is necessary to request a change in the adoption assistance agreement, however parents may be asked to complete the Reassessment Information form (AAP 3), which is available at http://www.dss.cahwnet.gov/cdssweb/entres/forms/English/AAP3.pdf 22. What steps does a family go through to appeal an adoption assistance decision in California? The county agency financially responsible for the adoption assistance payments sends a Notice of Action (NOA) to the adoptive family when granting, increasing, decreasing, or terminating adoption assistance payments. If the adoptive family disagrees with the proposed action, they may request a fair hearing by completing the written hearing request form on the NOA or by calling the California Department of Social Servcies at 800-952-5253 or 800-952-8349 (TDD) to make a verbal request. Forms are to be sent to the address listed on the form, which will vary by county. The hearing will be conducted in the county where the family lives. Requests for fair hearing must generally be made within 90 days from receipt of an adverse notice. An administrative law judge conducts fair hearings. The county representative will present the case for the change or denial of an increase and adoptive parents have an opportunity to present their information and evidence to substantiate the request for change. A ruling will be made and sent to parents. Fair hearings can be conducted over the phone if the adoptive parent lives in another state or is, for some reason, unable to attend in person. For more information, contact the State Hearings Division at 800-743-8525. To learn more about client’s rights under California Welfare Programs, visit http://www.dss.cahwnet.gov/Forms/English/pub13ada.pdf.
23. How is the adoption assistance program operated and funded in California? The responsible public agency (the department or licensed public adoption agency) is responsible for determining AAP eligibility and initial and subsequent payment amounts. The income maintenance division in each county welfare department is responsible for federal and state eligibility determination and payment of AAP benefits. The Financial Participation/FFP rate) for a Title IV-E eligible child is 50 percent. The remaining program costs are funded with 37.5 percent state funds and 12.5 percent county funds. For non-IV-E children, the state pays 75 percent and 25 percent from the county. 24. Does California operate a subsidized guardianship program? California authorizes subsidized guardianship statewide, with such placements available in all counties. Parents should contact their county social worker for more information. 25. Does California offer a tuition waiver program? No. However, the California Chafee ETV program provides up to $5,000 per year to meet the educational and training needs of youth aging out of foster care. This program may support adopted youth who were in foster care between the agesof 16 and 18. To qualify, youth must not reached their 22nd birthday by July 1 of the award year. Youth must be enrolled at least half time in an eligible career or technical school or college and maintain satisfactory academic progress. For more information, visit the California Student Aid Commission’s Chafee Grant Program web site at http://www.Chafee.csac.ca.gov or call 888-224-7268. Applicants must complete two forms: Free Application for Federal Student Aid (FAFSA) and the California Chafee Grant Program application. 26. Does California offer a state adoption tax credit? Yes, California offers a state adoption tax credit per Section 17052.25 of the Revenue and Taxation Code. 27. Does California have any program to support an adoptee whose adoptive parents die until the child is adopted again? California’s kinship, guardianship, and foster care programs may provide interim support for adopted children whose parents have died prior to a subsequent adoption. 28. What else differentiates California’s adoption assistance program from others around the country? If a child is placed with an adoptive family in another state, the adoptive family may choose to use California’s AAP rate structure or their state of residence’s AAP rate structure when negotiating the AAP rate.
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North American Council on Adoptable Children (NACAC)
970 Raymond Avenue, Suite 106
St. Paul, MN 55114
phone: 651-644-3036
fax: 651-644-9848
e-mail: info@nacac.org
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