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California State Subsidy Profile (Para esta informacion en español, oprima aqui.) Updated May 2008 State Subsidy Contact Person Patricia Roth NACAC Subsidy Representatives (parent/advocate) Sharon Selby Jayne Rovianek Adoption subsidies are available for children with special needs. Federal subsidies were created by Congress (through Public Law 96-272—the Adoption Assistance and Child Welfare Act of 1980) to encourage the adoption of special needs children and remove the financial disincentives to adoption for the families. Children may receive a federally funded subsidy under Title IV-E or a state-funded subsidy as per state guidelines. Below we have outlined information related to definitions of special needs, benefits available, and procedures in your state. 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 each state’s subsidy program are available on our web site at www.nacac.org. If you have additional questions, please call the North American Council on Adoptable Children (NACAC) at 651-644-3036 or our subsidy help line at 800-470-6665, or e-mail us at 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. Adoption Resources on the Web: California’s state-specific medical assistance links:
California’s adoption assistance links: California Code, Welfare and Institutions Code, Section 16115-16124 California Regulations, Title 22–Social Services, Division 2–Department of Social Services–Department of Health Services, Subdivision 4¬–Institutions and Boarding Homes for Persons Aged 16 and Above, Chapter 3–Adoption Program Regulations, Subchapter 7–Adoption Assistance Program/Aid for the Adoption of Children (AAP/AAC).
A child with special needs is defined as a child that has at least one of the following needs or circumstances that may be a barrier to placement or adoption without financial assistance:
2. What are the eligibility criteria for the State-funded adoption assistance program? In order to be eligible for state-funded adoption assistance a child must be a special needs child as defined above, in foster care and not receiving federal Foster Care funds, or involved in private agency adoptions, and “at risk” of dependency should they not be adopted. 3. The maximum basic monthly adoption assistance maintenance payment in California is: Initial AAP agreements signed prior to 1/1/08 follow this basic rate scale.
Initial AAP agreements signed 1/1/08 and later follow the scale below:
4. Specialized rates are based on the extraordinary needs of the child, and/or the additional parenting skill needed to raise the child. If California offers these rates, the criteria used to define them are as follows: Children with more severe needs may be eligible for California Regional Center (CRC) rates. As of July 1, 2007, CRC rates are up to $2006 per month. The maximum AAP benefit shall not exceed the amount a child would have received if she/he had been in a foster family home. 5. Parents can receive payment or reimbursement for certain nonrecurring adoption expenses directly related to the finalization of an adoption. Below are the allowed expenses and the limit per child. Nonrecurring adoption expenses that may be reimbursed include: 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 prior to the finalization of the adoption. International adoptees are not eligible. 6. What Medicaid services are available in California? Services include, but are not limited to, the following:
The California Department of Health Services, Medical Care Services can be reached at (916-440-7800). 7. Children who have federally funded (Title IV-E) subsidy are automatically eligible for Medicaid benefits. However, it is the state's decision whether state-funded (non-Title IV-E) children are eligible for Medicaid benefits inCalifornia. Below is information on the Medicaid benefits available for state-funded children. 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. 8. What mental health services are provided by your State? 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 MediCal. Services include the following examples: counseling, psychiatric services, medication, and mental health treatment for children and families. The person receiving services and the mental health provider work in partnership to decide the appropriate services for that person. The Children’s System of Care Initiative addresses seriously emotionally disturbed children: www.dmh.cahwnet.gov/SpecialPrograms/child-overview.asp MediCal Local Contact List: Mental health Frequently Asked Questions: Mental Health Problem Resolution Contact Numbers: www.dmh.cahwnet.gov/About/docs/PRC.pdf Note: Not all services may be available in all cases. Contact your adoption assistance worker or medical assistance specialist for information regarding process, eligibility, availability, and duration of services. 9. Does your State provide additional finances or services for medical or therapeutic needs not covered under your State medical plan to children receiving adoption assistance? California does not provide additional finances or services for medical or therapeutic needs not covered under their state medical plan to children receiving adoption assistance. California offers no subsidies or assistance over and above monthly maintenance payments, Medicaid, and reimbursement of nonrecurring adoption expenses. 10. What types of post adoption services are available in your State and how do you find out more about them? Post adoption services in California are administered by the Department of Social Services through the Post Adoption Services Project (PASP), parent groups, and contracted agencies. Post adoption services include the following examples:
Link to California's Post Adoption Services Project at: http://www.childsworld.ca.gov/CDSSAdopti_331.htm, or phone: 707-825-9178. Respite Care—For developmentally disabled children, there are “Regional Center” programs that contract with the state to coordinate the provision of a variety of services, including respite. There also is respite offered by agencies independent of DSS, but DSS does not keep a comprehensive list of these. To amend an adoption assistance agreement to include respite, call the agency that authorized your agreement initially and talk to the social worker assigned to your AAP case at that agency. Outside organizations also provide post adoption support services and many private organizations offer a variety of respite options. See the ARCH National Respite Network Respite Locator Service, search by state to locate California’s respite programs: http://www.respitelocator.org/ Note: Not all services may be available in all cases. Contact your adoption assistance worker or post adoption services contact for information regarding process, eligibility, availability, and duration of services. 11. If the additional assistance (listed above in questions #8 -10) is to cover specific services (e.g., counseling/mental health services, etc.), must these services be explicitly identified in the adoption assistance agreement? No additional assistance to cover a specific good or service is available. 12. How are residential treatment costs covered (if at all) for adoptive families? What procedures must a family follow to receive these services? AAP benefits may be used to provide for residential treatment. Payments usually equal the state-determined cost of the specific residential treatment program. In cases where the initial assistance agreement was entered into on or after October 1, 1992, the placement must have a reunification goal and payments are limited to an 18-month period per specific episode or condition. 13. A deferred adoption assistance agreement is one in which the initial monthly maintenance amount is $0. Does California offer such agreements? Yes, California offers deferred adoption assistance. If the adoptive family chooses not to apply for the Adoption Assistance Program (AAP) benefits, California requires the adoption agency to encourage the family to sign a deferred adoption assistance agreement. 14. Does California operate a subsidized guardianship program? California’s current existing statutes and regulations provide authority for subsidized guardianship statewide, which would make the subsidy available in all counties. Parents should contact their county social worker for more information. Programmatic Procedures 15. Who makes the final determination of a child's subsidy eligibility in California? What roles, if any, do workers and administrators at the county, district, or regional level play in eligibility determination and/or assistance negotiation? In most public agencies, AAP eligibility and payment amounts are determined by the caseworker, subject to supervisory review. Eligibility and payment amounts for children being served by licensed private agencies are determined by the public agency serving the county that will be providing benefits. 16. Will California consider my family income to determine my child's eligibility for an adoption subsidy? Family income and other resources are not used in determining the need for assistance. 17. When do subsidy payments begin? Adoption assistance payments and benefits may begin at the time of placement. 18. Do children adopted from private agencies in California receive the same subsidies as those children adopted from public agencies? Subsidies may be available to children in the custody of licensed private agencies, but eligibility and payment amount determination is made by the financially responsible public adoption agency. Private agencies do not have to transfer legal custody to the public agency (county) to obtain adoption assistance on behalf of their children. 19. When my child turns 18, which benefits, if any, are available to our family? Benefits usually stop at age 18. However, benefits are available to children until they reach age 21 if they have mental or physical handicaps warranting a continuation of assistance. 20. A child's adoption assistance agreement may be periodically reviewed by the state. What is the typical process used in California? 21. Can adoption assistance agreements be modified if requested by adoptive parents? Adoptive parents can request a change in the adoption assistance agreement at any time they believe the needs of the child warrant a change in the adoption assistance agreement. Adoption assistance agreements are reviewed between the Agency and adoptive parents every two years. Parents can make a request in person or send a written request to the agency that handled the adoption and demonstrate a need for the requested change in payment. If a request for increase in assistance is due to a new condition, parents must submit written documentation of the child’s increased needs. Documentation is usually in the form of diagnosis from a licensed professional. If parents do not receive the requested change, they have the right to an administrative appeal, also known as a fair hearing. Notifications of denial for a requested change (as well as new Adoption Assistance Agreements) provide instructions to request a fair hearing. No form is necessary to request a change in the adoption assistance agreement, but parents are usually asked to complete an “AAP 3” form prior to granting a request for an increase. Forms link: http://www.cdss.ca.gov/cdssweb/entres/forms/English/AAP3.pdf 22. What are the exact steps a family must go through to access the fair hearing/appeal process in California? In California, the county agency financially responsible for the adoption assistance agreement 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 can request a fair hearing by completing the written hearing request from on the back of the NOA or by calling 800-952-7273 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. Requests for fair hearing must generally be made within ninety days from receipt of an adverse notice. An Administrative Law Judge conducts fair hearings. The county representative will present their case for the change or denial of an increase and 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 parents live in another State or is, for some reason, unable to attend in person. Fair hearing link: www.dss.cahwnet.gov/cdssweb/On-lineFor_295.htm (Form NA Back 9- Hearing Rights). 23. Families may request a subsidy after the finalization of an adoption under certain circumstances. Below is the process by which families access a subsidy after finalization. Families should contact the public or licensed private adoption agency. The state office is reached at 916-651-8089. Prior to the adoption finalization, the adoptive parents would have had to sign a deferred adoption assistance agreement. (W&IC 16119)
24. How is the subsidy program operated and funded in California? Agency adoption services are provided by both public and licensed private agencies. Most, but not all, placements of AAP-eligible children are made by public agencies. In 31 counties, public agency services are provided by licensed county adoption agencies (i.e., state supervised/county administered). In the remaining 28 counties (most of which are rural counties in northern California), services are provided by the California Department of Social Services (i.e., state supervised/state administered). The federal contribution to Title IV-E-eligible children is 50.00% in California. This is known as the Federal Financial Participation (FFP) rate. The remaining cost of the program is funded by 75% state funds and 25% county funds. 25. Below are other programs that may differentiate California's adoption assistance program from others around the country. California ETV Program—The California Chafee ETV program provides resources specifically to meet the educational and training needs of youth aging out of foster care. It is federally funded and the money does not need to be paid back. Youth can be awarded up to $5,000 per school year. |
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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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