Reimbursement of Nonrecurring Adoption Expenses
0900-517.10 | Revision Date: 9/5/2023

Overview

This policy guide provides information on reimbursement for nonrecurring adoption expenses, including information on children who are out-of-state or out-of-county.

Table of Contents

Version Summary

This policy guide was updated from the 07/01/14 version, to reflect the division name change from the Adoption and Permanency Resources Division (APRD) to the Adoptions Division. In addition, the term “adoption home study” was changed to be inclusive of the other assessments that are used by the Department and foster family agencies. The Adoptions Division is using the term adoption readiness instead of home study. Further, the current AAP8, Adoption Assistance Program Nonrecurring Adoption Expense Agreement, does not include an area to enter finalization information so this instruction was removed from the policy.

POLICY

Nonrecurring Adoption Expenses

Nonrecurring adoption expenses include the reasonable and necessary adoption fees, court costs, attorney fees, and other expenses directly related to the legal adoption of a child with special needs, per WIC 16120.1. These expenses cannot be incurred in violation of State or Federal law, and cannot be concurrently reimbursed from other sources or funds.

Other expenses directly related to the legal adoption of a child with special needs include the costs of adoption incurred by, or on behalf of, the parents and for which parents carry the ultimate liability for payment. These costs may include:

  • The adoption study or other comparable adoption related assessment (including health and psychological examinations)
  • Supervision of the placement prior to adoption
  • Transportation
  • Reasonable costs of lodging and food for the child and/or adoptive parents needed to complete the placement or adoption process.

DCFS, the county adoption agency, or the licensed adoption agency must provide the prospective adoptive family notice, in writing, that reimbursement for nonrecurring expenses incurred during the adoption of an Adoption Assistance Program (AAP) eligible child is available. This is done through the AAP 8, Adoption Assistance Program Nonrecurring Adoption Expenses Agreement which is kept in the case file.

PROCEDURE

Reimbursement Process

Adoptions CSW Responsibilities

  1. During the initial phase of the adoption readiness assessment, talk to the potential adoptive parents of special needs children about the availability of reimbursement for nonrecurring adoption expenses.
  2. During the adoptive placement, explain the AAP 8, Adoption Assistance Program Nonrecurring Adoption Expenses Agreement to the adoptive parents.
  3. Obtain the adoptive parents’ signature on two (2) copies of the AAP 8, and ensure that the second box is marked, acknowledging that he or she has been advised that reimbursement is available for nonrecurring adoption expenses.
    1. File the original AAP 8 in the case record and give the copy to the adoptive parent.
  4. Remind the adoptive parent that they will receive another AAP 8 after the adoption is finalized and they will need to return it with supporting documentation to request reimbursement.
    1. Even if the parent is not claiming reimbursement, advise them to return the AAP 8 to acknowledge that they were informed that they have two (2) years from the date of finalization to file for reimbursement.
  5. Inform the adoptive parent that they must save all receipts and supporting documentation in order to claim for reimbursement.
  6. Document all contacts in the child’s Contact Notebook.
  7. Upon receipt of the DCFS/A 219 and AAP 8 from the Unit Clerk or Adoption Assistant (AA):
    1. Verify that the adoption is finalized and that the adoption decree is granted.
    2. Review the DCFS/A 219 for accuracy and complete the enclosed checklist.
    3. Confirm that the supporting documentation for all expenses claimed is provided and appropriate.
      1. If the supporting documentation is incomplete, contact the family to obtain the missing documentation (an affidavit can be used if receipts or other supporting documentation is unavailable).
    4. If everything is correct, sign and date the DCFS/A 219.
  8. At the end of the reimbursement process, and upon obtaining the AAP 8 and copies of documents from the SCSW, file a copy in the case record and file the original in the AAP Documentation Packet (Custodian File).
  9. If the amount of the claim is supported by documentation and does not exceed $400, submit the DCFS/A 219 and the supporting documentation to the SCSW for review.
  10. If the claim is denied or reduced:
    1. Complete a NA 791.
    2. Forward the DCFS/A 219, supporting documentation, and the NA 791 to the SCSW for review.
    3. Upon receipt of the documents from the SCSW, instruct the Unit Clerk/AA to copy the documents for the case record and mail the original NA 791 to the adoptive parents.

Adoptions SCSW Responsibilities

  1. Review the DCFS/A 219 and any supporting documentation.
    1. If complete, sign the DCFS/A 219.
    2. If incomplete, return to the CSW for corrective action.
  2. Forward the DCFS/A 219 to the ARA for approval.
    1. If a claim is denied or reduced and the DCFS/A 219, documentation, and the NA 791 have been received from the CSW:
      1. Review the forms and supporting documentation and initial the completed NA 791.
      2. Forward the DCFS/A 219, the documentation and the NA 791 to the ARA for review.

Adoptions ARA Responsibilities

  1. Review the DCFS/A 219 and any supporting documentation.
    1. If complete, sign the DCFS/A 219.
    2. If incomplete, return to the SCSW/CSW for corrective action.
    3. If a claim is denied or reduced:
      1. Review the DCFS/A 219, the documentation, and the completed NA 791.
      2. If the claim is denied, ARA signature is not required. Initial and write “denied” on the DCFS/A 219.
      3. If the claim is reduced, initial the NA 791.
      4. Return the supporting documents to the SCSW for processing.
  2. Forward the DCFS/A 219 and a copy the supporting documents, incluidng a copy of the AAP to the secretary.  The secretary will email the forms to finance.
    • The secretary will photocopy the documents and send the orignial copies to the SCSW.
    • The original signed AAP 8 must be retained in the AAP Custodian file along with the DCFS/A219 form.

Out-of-State/Out-of-County Placements

Adoptions CSW Responsibilities

  1. When there is a claim for expenses on an out-of-state placement, the state that entered in to the agreement with the adoptive parents is responsible for payment.
    • If there was no agreement for adoption assistance, the adoptive parents should seek reimbursement for the nonrecurring expenses from the state which issued the final adoption decree. Out-of-state placements which do not comply with the Interstate Compact on the Placement of Children (ICPC) are not eligible for reimbursement.
  2. When there is a claim for expenses on an out-of-county placement, the county responsible for the child’s Adoption Assistance Program (AAP) is responsible for reimbursing nonrecurring adoption expenses.
    • If the adoptive parents have elected not to receive AAP, the county responsible for reimbursement is the county that would otherwise provide the child’s AAP.
  3. Process eligible intercounty and interstate claims according to the instructions above.
APPROVALS

SCSW Approval

  • DCFS/A 219

ARA Approval

  • DCFS/A 219
HELPFUL LINKS

Forms

LA Kids

AAP 8, Adoption Assistance Program Nonrecurring Adoption Expenses Agreement

DCFS/A 219, Reimbursement of Nonrecurring Adoption Expense Claim Form

Hard Copy

NA 791, Notice of Action

Cover Letter

REFERENCED POLICY GUIDES

0100-525.10, Interstate Compact on the Placement of Children (ICPC)

STATUTES AND OTHER MANDATES

Adoptions Manual, Section 35000(n)(2) – Defines “Nonrecurring Adoption Expenses” as reasonable and necessary adoption fees that are incurred by adoptive parents which are directly related to the legal adoption of a child with special needs, which are not incurred in violation of State or Federal law, and which have not been reimbursed from other sources or funds.

Welfare and Institutions Code (WIC) Section 16119(a) – States in part that the department, county adoption agency, or the licensed adoption agency must provide the prospective adoptive family with information, in writing, on the availability of reimbursement for nonrecurring expenses incurred in the adoption of the Adoption Assistance Program (AAP) eligible child.

WIC Section 16120 – Sets forth who is eligible for AAP benefits.

WIC Section 16120.1 – Sets forth the guidelines/criteria and eligibility conditions for reimbursement of nonrecurring adoption expenses.