Adoption Assistance Program (AAP) Benefits and Medi-Cal Benefits
0200-511.05 | Revision Date: 10/27/2022

Overview

This policy guide provides information on Adoption Assistance Program (AAP) benefits, including what to do when determining eligibility, negotiating payment rates, when an adoptive parent(s) disagrees with a benefit amount, initiating AAP, and conducting the AAP Reassessment. It also details how AAP benefits impact public assistance programs.

Table of Contents

Policy

Procedure

Approvals

Helpful Links

Referenced Policy Guides

    Statutes

      Version Summary

      This policy guide was updated from the 09/08/20 version to align with the statewide rate determination process and regulations regarding the completion of required adoption forms. It provides instructions on how to apply the Adoption Assistance Program Level of Care Protocols (AAP LOC) to determine the eligible rate for an eligible child in accordance to All County Letter Number 21-54 released by the State of California Department of Social Services on June 16, 2021.

      POLICY

      Adoption Assistance Program (AAP)

      The Adoption Assistance Program (AAP) provides financial assistance to families who adopt special needs children or Non-Minor Dependents (NMDs).  AAP removes the financial barriers for families to adopt. When initially applying and immediately prior to the finalization of the adoption, prospective adoptive parent(s) must, by law, be provided with written information regarding the availability of AAP benefits and the differences between those benefits and foster care benefits.

      • If a DCFS-supervised child is being placed with an approved family from a private adoption agency, that agency must provide the adoptive family with this information.
      • That amount will never exceed the foster care maintenance payment and any applicable SCI that the child/NMD would be eligible for if placed in a licensed or approved family home.

      AAP Benefit

      The AAP benefit is negotiated by the CSW with the adoptive parent(s). The CSW makes the final determination of the amount of the AAP benefit, which is based upon:

      • The child's needs that are otherwise covered by AFDC-FC payments
      • The circumstances of the prospective adoptive parent(s)

      For an initial AAP agreement signed before January 1, 2010, the adoptive family is paid an amount of aid based on the child/NMD's needs and on the circumstances of the adopting parent(s).

      • For a child/NMD placed in a licensed or approved family home, the payment amount will never exceed the foster care maintenance payment that would have been paid and that would have been based on the age-related, state-approved foster family home care rate and any applicable specialized care increment (SCI).

      For an initial AAP agreement signed on or after January 1, 2010, the adoptive family is paid an amount of aid based on the child's needs and the circumstances of the adopting parent(s).

      • There are no age-related increases for these AAP agreements.

      If an AAP benefit adjustments need to be made to the AAP benefit, CSWs can renegotiate the adoption assistance agreement and reduce the benefit only with the agreement of the adoptive parent(s).The benefit cannot exceed the foster care payment and any applicable specialized care increment (SCI) that the child would have been eligible for in a licensed or approved family home. An income means test cannot be used to determine an adoptive family's eligibility for or the amount of AAP payments.

      DCFS must inform the adopting parent(s) that the family will continue to receive benefits at the agreed upon amount unless DCFS determines that one (1) of the following occurs:

      • The adoptive parent(s) is no longer legally responsible for the support of the child.
      • The child is no longer receiving support from the adoptive family.
      • The adoption assistance payment exceeds the amount that the child would have been eligible for in a licensed foster home.
      • The adoptive parent(s) demonstrate a need for an increased payment.
      • The adoptive parent(s) voluntarily reduce or terminate payments.
      • The adopted child has an extraordinary need that was not anticipated at the time the amount of the adoption assistance was originally negotiated.

      In cases where an otherwise eligible child does not require a cash benefit, medical benefits can be established through Medi-Cal, as needed.

      Information to Explain to Adoptive Parents

      Explain all of the following information to adoptive parents who are considering AAP for their child/NMD:

      • AAP benefits can be authorized for payment for an eligible child's group home or residential treatment facility (RTF), if the placement is justified by a specific episode or condition and does not exceed an eighteen (18) month cumulative period of time.
        • After an initial, authorized group home or RTF placement, subsequent authorizations for AAP payment for such placement are based on an eligible child's subsequent, specific episodes or conditions.
      • If the adoptive parent(s) are paying for the cost of the placement directly, the available AAP benefit is the state-approved, foster care facility rate for which the child is eligible.
      • If the placement cost is paid by another agency (e.g. a county welfare department, Probation Department, Regional Center), the available AAP benefit is the state-approved basic foster care maintenance payment or the adoptive parent(s)' actual share of cost for the child's support, whichever is greater.
        • The adoptive parent(s)' maximum share of the cost is the state approved foster family home rate, eligible specialized care increment (SCI) rate, or dual agency rate, and any applicable supplemental rate the child would have received had they remained in foster care.
      • If DCFS approved Wraparound Services in lieu of out-of-home placement, the amount of the AAP benefit to the adoptive family will remain unchanged and the Wraparound benefit amount will be paid to the provider.
      • AAP benefits are available for out-of-home placements only if the adoptive parent(s) actively participate in a plan to return the child to their home.

      Eligibility

      To be eligible for Adoption Assistance Program (AAP) benefits, a child/NMD must first be a U.S. citizen, permanent resident, or holder of special refugee or asylum status.

      • If the child is a permanent resident who entered the United States (U.S) on or after August 22, 1996, and is placed with an undocumented adoptive parent(s), the child must meet the five (5) year residency requirement.

      Additionally, the child must also meet all the conditions specified below:

      1. The child cannot not be returned to the home of their parents as evidenced by one (1) of the following:
        • Petition for termination of parental rights (TPR)
        • Court order terminating parental rights
        • Signed relinquishment
        • In the case of a tribal customary adoption (TCA), the court has given full faith and credit to a TCA order
      2. In the case of a nonminor dependent (NMD), the court has dismissed dependency or transitional jurisdiction subsequent to the approval of the NMD adoption petition.
      3. The child has at least one (1) of the barriers to their adoption without financial assistance:
        • Membership in a sibling group that should remain intact
        • Barriers due to the child's race, ethnicity, color, language, age of three (3) years or older
        • Parent's background of a medical or behavioral nature that could adversely affect the development of the child
        • Mental, physical, emotional, medical, or developmental disability that has been certified by a licensed professional, who is operating with the scope of their profession and who is competent to make an assessment.
      4. There is an evidenced need for an adoption subsidy that is documented in the child's case file and that is based on unsuccessful search for an adoptive home to take the child without financial assistance. The search is not required for the current foster parents, or other persons with whom the child has been living, when:
        • They have established significant emotional ties with them.
        • They have expressed interest in adopting the child.
        • DCFS has determined that the parents/persons will be suitable adoptive parents for the child.
      5. The child satisfies any of the following criteria:
        • The child is under eighteen (18) years old.
        • The child is under twenty-one (21) years old and has a mental or physical handicap which warrants the continuation of assistance.
        • Effective January 1, 2014, the child/NMD is under twenty-one (21) years of age, has, as described in WIC Section 10103.5, attained sixteen (16) years of age before the adoption assistance agreement became effective, and one (1) or more of the following conditions applies:
          • Is completing secondary education or a program leading to an equivalent credential
          • Is enrolled in an institution which provides postsecondary or vocational education
          • Is participating in a program or activity designed to promote, or remove barriers to employment
          • Is employed for at least eighty (80) hours per month
          • Is incapable of doing any of the activities above due to a medical condition
      6. The adoptive family must meet all of the following criteria:
        • Has signed an adoptive placement agreement with DCFS, stating the need for, and the amount of, the AAP benefit before or at the time the final decree of adoption is issued by the court
        • Is responsible for the child due to the terms of an adoptive placement agreement or a final decree of adoption
        • Is legally responsible for the support of the child, and the child is receiving support from the adoptive parent
      7. The prospective adoptive parent(s) or any adult living in the home of the prospective adoptive parent(s) has completed the criminal background check requirements.
      8. To be eligible for state funding, the child is the subject of an agency adoption and any of the following apply to them:
        • Was under the supervision of a county welfare department as the subject of a legal guardianship or juvenile court dependency?
        • Was relinquished for adoption to a licensed California private or public adoption agency or any other public agency operating a Title IV-E program on behalf of the state and is certified by them to have otherwise have been at risk of dependency?
        • Was committed to the care of DCFS for an independent or inter-county adoption?
        • Is an Indian child and the subject of an order of adoption based on the TCA of an Indian Child? TCA here is considered an agency adoption.
      9. To be eligible for federal funding, in the case of a child who is not an applicable child for the federal fiscal year, the child satisfies any of the following criteria:
        • Prior to the finalization of an agency adoption or an independent adoption is filed, the child has met the requirements to receive Supplemental Security Income (SSI) benefits, and the appropriate documentation of the child's SSI eligibility is provided to the adoption agency. An SSI referral must have been sent to the SSI Unit.
        • The child was removed from the home of a specified relative and would have been CalWORKs eligible in that home in the month the voluntary placement agreement or the court proceedings were initiated to remove the child.
          • The child must have been living with the relative within six (6) months of the month the voluntary placement agreement was signed or the petition to remove was filed.
        • The child was voluntarily relinquished to a licensed public or private adoption agency, or another public agency operating a Title IV-E program on behalf of the state, and both:
          • There is a petition to the court to remove the child from the home within six (6) months of the time the child lived with a specified relative.
          • The court has determined that remaining in the home would be contrary to the child's welfare.
        • Title IV-E foster care maintenance was paid on behalf of the child's minor parent, and the cost of the minor parent's child while the child was in the foster care with the minor parent was covered.
        • The child is an Indian child and the subject of an order of adoption based on the TCA of an Indian child.
      10. To be eligible for federal funding, an applicable child for the federal fiscal year, the child/NMD must meet any of the following criteria:
        • Was placed in the care of a public or licensed private child placement agency or Indian tribal organization at the time of initiation of adoptive proceedings, or was residing in a foster family home or a child care institution with their minor parent due to either:
          • An involuntary removal because the court determined that continuation in the home would be contrary to the child's welfare
          • A voluntary placement agreement or a voluntary relinquishment
        • Meets all medical and disability requirements of SSI, as determined by the Social Security Administration.
        • Was an Indian child and the subject of an order of adoption based on the TCA of an Indian child
        • The NMD is the subject of an adoption pursuant to WIC 366.31.
      11. A child/NMD is eligible if theyreceived AAP benefits for a prior adoption and is again eligible for adoption because either:
        • The prior adoption was dissolved and the parental rights of the adoptive parent(s) were terminated.
        • The adoptive parent(s) died, and the child/NMD still meets the special needs criteria.
        • When a NMD is receiving AAP after turning eighteen (18) years old and when NMD's adoptive parents die, the juvenile court can resume dependency jurisdiction.

      Duration of Eligibility

      Once a child/NMD is determined eligible to receive AAP benefits, they remain eligible and the subsidy continues unless or until:

      • The child/NMD has attained:
        • The age of eighteen (18)
        • The age of twenty-one (21), if they have a mental or physical handicaps
        • The age of twenty-one (21), if they meet one of the following criteria and federal funds are available:
          • Is completing secondary education or a program leading to an equivalent credential; or
          • Is enrolled in an institution which provides postsecondary or vocational education; or
          • Is participating in a program or activity designed to promote, or remove barriers to employment; or
          • Is employed for at least eight (80) hours per month; or
          • Is incapable of doing any of the activities above due to a medical condition
      • The adoptive parent(s) are no longer legally responsible for supporting the child/NMD.
      • The child/NMD is no longer receiving support from the adoptive parent(s).
      • The adoptive family has committed fraud in its application, or reassessment of, the adoption assistance.

      Impact on Public Assistance Programs

      Prospective adoptive parent(s) must be provided with information regarding the impact of AAP benefits on other public assistance programs. The reduction of the AAP benefit amount based on any type of income the child receives from the birth parent(s)/relative(s) or adoptive parent(s) is prohibited. Refer to the following table for the impact that AAP benefits have upon a particular program:

      Program

      Impact

      CalWORKs

      • AAP benefits must be disregarded when eligibility and cash aid amounts are calculated for CalWORKs.
      • The adopting parent(s) must inform the Department of Public Social Services (DPSS) of the receipt of AAP and when the adoption is finalized.

      CalFresh

      • Before an adoption is finalized, AAP payments are not considered income when computing CalFresh eligibility for the household.
      • When an adoption is finalized, the adopted child is considered part of the household, and the AAP payment is treated as unearned income.
      • Any portion of the AAP payment designated for medical expenses and dependent care expenses are excluded from consideration as income.

      Section 8 Housing Program

      • Annual income only includes the first $480 of AAP payments when determining a household's eligibility and rent amount.

      Social Security Benefits

      • Social Security benefits are not impacted by the receipt of AAP benefits. The adopting parent(s) do not have to choose between Social Security Survivor's benefits and AAP payments; the child may receive both types of benefits concurrently.

      Supplemental Security Income (SSI)/Supplemental Security Payment (SSP)

      • The amount of AAP payment a child is eligible for is not impacted by SSI/SSP benefits. However, AAP benefits can be treated as income by the Social Security Administration (SSA) when determining the SSI/SSP grant amount.
      • Families with children receiving SSI/SSP must be advised that the SSI/SSP benefits may be affected and that it is their responsibility to inform the SSA of their receipt of an AAP benefit.
      • Families must be notified that failure to inform the SSA about the concurrent receipt of AAP and SSI benefits may result in overpayment and an obligation to repay over payments.
      • Families must be notified that if receipt of AAP reduces the SSI/SSP benefit to $0.00, medi-cal through SSA will be terminated. The prospective adoptive parent(s) will need to call the Foster Care/Adoption Assistance Payment Hotline at (800) 697-4444 immediately to request medi-cal through AAP.
      • After an adoption is finalized, the adoptive parent(s)' income may be considered and used to determine the child's monthly SSI/SSP benefit amount. As a result, the SSI/SSP received may be reduced or terminated after the adoption is finalized.

      Medi-Cal for Children Receiving SSI/SSP

      CSWs do not need to request Medi-Cal for children receiving SSI/SSP, since the child is already receiving SSI-related Medi-Cal benefits through SSA. A family may opt to receive only SSI/SSP payments, and not AAP payments, if the payment is higher than AAP. In such a case, the CSW must submit AAP paperwork for Medi-Cal benefits only.

      Roles and Responsibilities of Adoptions Bureau Staff

      Adoption Children’s Social Worker (CSW) - Responsible for negotiating AAP Benefit amount with the prospective adoptive parents and completing the required forms with the adoptive family at the time of adoptive placement.

      Supervising Children’s Social Worker (SCSW) - Responsible for reviewing all documentation supporting the negotiated rate, initialing the required documentation prior to the signing by the family and reviewing after the signing by the family for content, completeness and accuracy.

      Adoption Assistant (AA) - Responsible for compiling all required documentation to support the negotiation, agreement and authorization of the AAP Benefit according to the designated model case format and sending the documentation to the AAP Documents Custodian.

      AAP Documents Custodian - Responsible for receiving AAP Documentation Packets from AAs, reviewing contents for completeness and accuracy, documenting review findings on the AAP Documentation Log and reaching out to submitters for corrections when needed. Receiving all NOAs and AAP3s from Revenue Enhancement and filing in the AAP Documentation Folders.

      AAP Documents Custodian Supervisor - Responsible for reviewing problematic errors and assisting in rectification, when needed and conducting quality reviews of the AAP Document Folders to ensure compliance. Submitting a copy of the AAP Corrections Tab of the AAP Documentation Log to the Division Chief monthly.

      AAP Initiation Unit:

      Eligibility Worker (EW) - Responsible for generating an FC8 for all freed children at the time of the creating of the freed minor case. Reviewing the AD4320, AAP1, AAP2, AAP4, and all other documentation submitted to initiate AAP funding for completeness and accuracy and, when needed, reaching out to staff to correct errors. EW provides copies of the NA 791, Notice of Action, to the CSW and the AA for filing in the AAP Case file and the AAP Document Case file.

      Eligibility Worker Supervisor (EWS) - Responsible for overseeing the AAP Intake EWs.

      AAP Level of Care (LOC) Assessment Protocol

      The AAP LOC Protocol was designed to support a consistent, statewide rate determination process using four core domains: Physical, Behavioral/Emotional, Educational, and Health. It is a strength-based rate setting methodology that identifies the AAP eligible child’s individual care and supervision needs. Each domain is scored separately and totaled to identify an AAP LOC payment rate.

      The Protocol only applies to initial AAP agreements signed on or after April 1, 2021. For AAP reassessment, the protocol applies to initial AAP agreement signed on or after January 1, 2017 that have been renegotiated and an amended agreement signed on or after April 1, 2021. If the reassessment determines the child is eligible for an AAP LOC rate 2, 3, 4, an amended agreement must be completed and signed. The payment for this reassessed rate should be paid retroactive to the start date reflected on the last signed amended AAP agreement.

      The AAP LOC Unit will conduct the LOC rate determination/re-determination assessments. The Adoption Assistance Program Level of Care Rate Determination/Re-Determination policy is currently in development. All requests for assessments mentioned in the above paragraph must be referred to the AAP LOC Unit at aaploc@dcfs.lacounty.gov.

      An Adoption or Postadoption CSW will assist the AAP LOC Unit by providing the AAP 10, Prospective or Adoptive Parent(s) Level of Care (LOC) Reporting Tool, to the Prospective or Adoptive Parents with instructions to complete the tool and submit it to the AAP LOC CSW assigned to their case. The completed AAP 10 can also be returned to the Adoption or Postadoption Social Worker to forward to the AAP LOC Unit when the case is referred for AAP LOC Determination/Re-determination.

      At the completion of the assessment, the AAP LOC CSW will provide to the Adoption or Postadoption CSW copies of all relevant documents used to justify the AAP LOC rate for record keeping in the AAP Document Folder. These documents include but are not limited to:AAP 9A, AAP LOC Rate Determination Protocol Matrix, AAP 9B, AAP LOC Digital Scoring Form, AAP 10, Prospective or Adoptive Parent(s) Level of Care (LOC) Reporting Tool, educational, medical and mental documentation.

      Specialized Care Increment (SCI) Rate

      The Adoption or Postadoption Social Worker must refer SCI referrals to the AAP LOC Unit at aaploc@dcfs.lacounty.gov for assessments to determine the appropriate Tier SCI rate. This assessment includes the DCFS 149, Medical Care Assessment Request, and relevant documents to aid in the review.

      The SCI rate provides a supplemental payment to the prospective or adoptive parent(s) who care for children/NMDs with extraordinary needs in the medical, emotional/behavioral and/or developmental domains. This rate includes compensation to assist in the additional cost for supervision and related expenses to meet the additional daily care needs. The new three-tiered SCI rate structure was developed to replace the D and F Rate protocols for initial AAP agreements signed on or after April 1, 2021. For AAP Reassessment, this rate applies to initial AAP signed on or after January 1, 2017 and amended agreements signed on or after April 1, 2021. This new rate structure aligns with the criteria and payments currently provided under the D and F Rate guidelines (DCFS 1696).

      AAP Agreements signed prior to January 1, 2017 will continue to be evaluated under the D and F Rate guidelines (DCFS 1696).

      Dual Agency/Regional Center Rates remain the same.

      Completing the Adoption Assistance Program Benefit Forms

      Adoption CSW must call or arrange to meet with the prospective or adoptive parent(s) to discuss the AAP Benefits process and to review and complete the AAP 10, Prospective or Adoptive Parent(s) Level of Care (LOC) Reporting Tool, to identify the child’s care and supervision needs. If there is more than one parent, the completion of the tool should reflect each parent's level of activities required to meet their child’s/NMD's care and supervision needs.

      The Adoption CSW must complete the referral form and submit the AAP 10 and all available supporting documentation (i.e., education, medical and mental reports, etc.) to the AAP LOC Unit by email to aaploc@dcfs.lacounty.gov to determine the AAP LOC rate and score on the AAP 9A and AAP 9B.The AAP LOC Unit CSW will provide the Adoption CSW with the completed AAP 9A and AAP 9B forms.

      The Adoption CSW must document communication with collateral contacts and each step of their work progress in the Case Notebook in AIS or CWS/CMS. The Adoption CSW must download three sets of the AAP forms from the state’s website (Forms are also found on the Adoption website in LA Kids https://mylakids.dcfs.lacounty.gov/rfspd-new/2019/10/09/aap/ ). One set with original signatures is for the caregiver, second set is filed in the AAP case folder, and the third original signature set is filed in the AAP Document Folder.

      AAP Forms

      The AAP1, Request for Adoption Assistance Program Benefit, is completed by the family using the child’s birth name. For children with basic needs, the top box on page 2 is to be checked. If the child has special needs, the second box is to be check and the family should state the child’s special needs in their own words. Ensure that all required signatures are obtained and the form is dated.

      The AAP2, Payment Instructions Adoption Assistance Program, is completed using the child’s adoptive name, the adoptive parent’s legal names, and delineates any basic rate plus Special Care Increment (SCI), or the Dual Agency Rate, if applicable. Transfer the AAP LOC rate populated on the AAP 9B to the AAP2 form. Ensure that the benefit amount, start date, and reassessment date match the information on the AD4320, Adoption Assistance Program Agreement. For initial AAP Benefits, mark “new” and for reassessments mark the appropriate “change” reason. All AAP2s require SCSW signature and anything over basic rate requires ARA signature.

      The AAP4, Eligibility Certification Adoption Assistance Program, is completed using the child’s adoptive name. The front page is the CSWs sole responsibility while the Citizenship and Eligibility information is provided by the EW on the FC8 or the FC8 Feeder for those children who are only eligible for State funding. It is imperative that all information on the FC8 be transferred to the AAP4 exactly as it appears on the FC8. Sign and date where indicated and ensure that the agency information is completed in the signature area.

      The AAP6, Adoption Assistance Program Negotiated Benefit Amount and Approval, is completed using the child’s adoptive name. Ensure that all appropriate boxes regarding financial responsibility are checked and completed on the first page as well as delineating any basic rate plus Special Care Increment (SCI) or the Dual Agency Rate, if applicable. Ensure that the rates on page 2 match the amount on the AAP2 form and all sections are completed and that the SCSW has initialed the maximum benefit amount prior to going out to the adoptive placement. Ensure that all required signatures are obtained and the form is dated.

      The AAP7, Adoption Assistance Program Statement of Acknowledgement, is signed and dated by the adopting parent(s) at the adoptive placement as evidence that they received the information.

      The AAP8, Adoption Assistance Program Nonrecurring Adoption Expenses Agreement, is completed with the child’s adoptive name. Explain the two choices and put a check mark on the choice the family chooses. The form should be completed in its entirety. Ensure that all required signatures are obtained and the form is dated.

      The AD4320, Adoption Assistance Program Agreement:

      For initial AAP Benefits: Completed using the child’s adoptive name. If the family does not wish to receive AAP funding at adoptive placement, they must enter into a deferred agreement if they wish to receive AAP at any point in the future and that deferment is to be indicated on page 1.

      For initial benefits or reassessments, mark the appropriate box and the start date for the initial benefit. For initial agreements, the start date is the adoptive placement date. For future amended agreements, the start date is the first day of the month after the signing month. Ensure that the name of the responsible agency is entered at all required points in the document and the all required signatures are obtained and dated.

      PROCEDURE

      Providing Information about AAP Benefits

      Adoption CSW Responsibilities

      1. Advise the adopting parent(s) to consult with their tax accountant(s) and/or the Internal Revenue Service (IRS) regarding the impact of AAP benefits on their income.
        • Encourage the adopting parent(s) to consult the appropriate program administrators regarding Federal or State programs, rather than attempting to interpret programs and policies on their own.
      2. Inform the adopting parent(s) to contact the AAP Unit of any changes in their address change, name, or the child's Social Security number. Provide the adopting parent(s) with the following address to provide written notification of changes:

      Department of Children and Family Services
      AAP Section/Revenue Enhancement
      725 S. Grand Ave. Glendora, CA 91740

      (800) 697-4444

      1. Share information regarding how AAP payments impact other public assistance programs with the adopting parent(s).
        1. If the child is receiving SSI/SSP and/or Social Security benefits and DCFS is the payee, advise the adopting parent(s) that the SSI Unit will notify the SSA office to stop the payment of the SSI/SSP and/or Social Security benefits on the date that AAP benefits start.
          1. Instruct the adopting parent(s) to apply for a change of payee benefits at the SSA office.
        2. If the child is receiving SSI/SSP benefits, advise the adopting parent(s) that if the child becomes ineligible for SSI/SSP and if SSI-related Medi-Cal benefits are terminated, the adopting family must call the Foster Care/Adoption Assistance Payment Hotline at (800) 697-4444 to request Medi-Cal through AAP.
          1. Advise the adopting parent(s) to call the Foster Care/Adoption Assistance Hotline as soon as they receive the notification of termination of SSI/SSP benefits.
          2. Families must be notified that failure to inform the SSA about the concurrent receipt of AAP and SSI benefits may result in overpayment and an obligation to repay over payments.
          3. Refer to and give a copy of Adoption Assistance Program (AAP), Medi-Cal and Social Security Income/ Supplemental Security Payment (SSI/SSP) Benefits to the prospective adoptive parent(s) for further guidance.
        3. If the family is receiving CalWORKs, advise the adopting parent(s) of how AAP impacts this program.
      2. Refer the adopting parent(s) to the AAP Intake Unit at (213) 763-3825 for questions about notification responsibilities.
      3. If a child is being adopted at any point after their thirteenth (13th) birthday, inform the prospective adoptive parent(s) that their income will not be included in the calculations for determining the child's need for financial aid for college.
        • Inform the prospective adoptive parent(s) that the child will need to indicate their status as an independent student when they fill out the Free Application for Federal Student Aid (FAFSA) form for college financial aid.
      4. Document all contacts with the adopting parent(s) in the Contact Notebook.

      Responding when AAP Eligibility is Determined

      Adoption Filing Team Clerk Responsibilities

      1. Upon receipt of the AD 4333, Acknowledgment and Confirmation of Receipt of Relinquishment Documents, complete and submit the Header Section and Section II of the AAP 4, Eligibility Certification – Adoption Assistance Program, in the child's CWS/CMS case file.
      2. Notify the AAP Eligibility Supervisor (ES) via email that the AAP 4 has been initiated in CWS/CMS and is awaiting the completion of Section III or IV by the Eligibility Worker (EW).

      Adoption CSW Responsibilities

      1. Upon receipt of the AAP 4, from the EW, complete Section I of the form.
        1. If the AAP 4 indicates that the child is not federally eligible (Section IV), ensure the flyer regarding state-only funded AAP is provided to the family at the time of the adoptive placement.
        2. Ensure that adoptive parents are informed of this information, especially if they may move out of state.
      2. Document the determination of the child's eligibility for AAP benefits in the child's Adoption case file.
      3. If the child is not eligible for AAP benefits, consult with the SCSW and the AAP Intake Supervisor before proceeding with the adoptive placement.
      4. If the child is AAP eligible, provide the prospective adoptive parent(s) with an AAP 7, Adoption Assistance Program Statement of Acknowledgment, and an AAP 1, Request for Adoption Assistance Program Benefits, to complete and sign.
        1. Encourage the family to describe on the AAP 1 how they plan to incorporate the adoptive child into their family and the impact, if any, this will have on their lifestyle and circumstances.
        2. If the family believes the child to have special needs, encourage them to describe these special needs and the required extra care and supervision the child may need, as the family may qualify for a specialized care increment (SCI).
      5. Provide the family with a copy of the DCFS 5620, Comparison of Legal and Financial Benefits Adoption, Legal Guardianship, and Planned Living Arrangement.
        • Answer any questions the adoptive family may have regarding the difference between AAP benefits, legal guardian benefits, and foster care benefits.

      Negotiating the AAP Benefit

      Adoption CSW Responsibilities

      1. Upon receipt of AAP LOC rate for child’s AAP benefit rate, discuss with the adoptive parent(s) and prepare the AAP 6 in accordance with the AAP LOC rate determination result.

      Responding to an Adoptive Parent(s) who Disagree with the AAP Benefit Amount

      Adoption CSW Responsibilities

      1. Discuss with the adoptive parent(s) the barriers that are preventing agreement on the AAP amount.
        1. If the request is based on a medical condition or health problem, submit additional documentation to the AAP LOC Unit or the Public Health Nurse (PHN) for evaluation to determine if the child qualifies for the Specialized Care Increment (SCI) Tier Rate.
          1. If a higher rate of care is recommended on the AAP 9B, complete a new AAP 6, Adoption Assistance Program Negotiated Benefit Amount and Approval, and submit it with the recommendation from the AAP LOC Unit and the PHN to the ARA for approval.
          2. If a higher rate of care is not recommended or if a decrease is recommended, consult with the SCSW for further direction.
        2. If the special need is based on a severe emotional and/or behavioral problem, consult with the SCSW and submit the additional documentation for the SCI Tier 2 Rate assessment, along with a complete AAP 6 to the ARA for review and approval.
      2. Discuss the recommendations of the PHN or ARA with the adoptive family.
        • If an agreement is still not able to be reached, consult with the SCSW before proceeding with the adoptive placement or the reassessment, as appropriate.
      3. After receiving confirmation from the SCSW/ARA that additional AAP benefits are denied:
        1. Complete the AAP 2, Payment Instructions, Adoption Assistance Program.
        2. Instruct the Eligibility Worker (EW) to send a NA 791, Notice of Action, to the adoptive parent(s), indicating AAP benefits are being denied, the reason for denial, and, if an AAP reassessment is needed, that the AAP benefit will continue at the prior approved rate.
        3. Submit the AAP 2 to the SCSW for signature and review.
        4. Obtain the signature of the ARA on the AAP 2.
        5. Fax the request to the AAP Intake Unit.
        6. Scan the AAP 2, as appropriate.
          • If the adoptive parent(s) do not agree with the denial of AAP benefits, they can request a state hearing.
          • If the adoptive parent(s) initially want to proceed with the adoptive placement without AAP benefits being approved, explain that foster care benefits stop once the adoptive placement occurs. Consult with the SCSW for further direction.
      4. Document all actions in the child's case file and on the DCFS/A 15C, PAS, AAP/AAC Case History Sheet (if it is not an open case), or Case Notes (if it is an open case).
      5. For an initial adoptive placement, file separate copies of the AAP 2, AAP 9A, AAP 9B, AAP 10, and supporting documents in the child's case file and in the blue Adoptions folder.
      6. For an AAP reassessment, return the case to the archives or to the Revenue Enhancement DivisionAAP Reassessment Unit.

      Adoption SCSW Responsibilities

      If the CSW has taken all required actions and if the CSW and the adoptive family are still unable to reach an agreement regarding the benefit amount:

      1. Contact the adoptive family and take all necessary steps to remove the barriers to reach an agreement.
      2. If still unable to resolve the disagreement, consult with the ARA for direction.

      Adoption ARA Responsibilities

      1. If the efforts of the CSW and SCSW fail to reach an agreement on the AAP benefit with the adoptive family, direct the CSW to notify the adoptive parent(s) that the AAP benefit will be denied and, for AAP reassessments, that the AAP benefit will continue at the prior approved rate.
      2. Sign the AAP 2 and return the packet to the CSW.

      Initiating AAP and Medi-Cal Benefits

      Adoption CSW Responsibilities

      1. If the child is being placed with an approved family from a private adoption agency, a meeting must be held to complete the AAP 10, sign the adoptive placement papers, and AD 4320, Adoption Assistance Agreement, with the private agency representative, if possible. The private agency must provide this following:
        1. The adoptive family with information regarding AAP benefits vs. foster care/legal guardianship benefits.
        2. The private agency representative with a complete AAP 4, Eligibility Certification – Adoption Assistance Program.
      2. Complete the DCFS/A 23, Request for Notice of Placement.
      3. Attach the DCFS/A 23 and the signed AAP 6, Adoption Assistance Program Negotiated Benefit Amount and Approval, to the DCFS/A 65B, Adoptive Placement Approval/Checklist, and submit them to the SCSW for approval.
      4. Complete the AD 4320.
        1. If the child is receiving Early Start services from a Regional Center and will be receiving a dual agency rate, enter on Section I on the AD 4320 the last day of the month of the child's third (3rd) birthday as the first assessment date, if this time is less than two (2) years from when an reassessment would take place.
        2. Inform the adoptive parent(s) that:
          • To continue receiving the dual agency rate after the child's third (3rd) birthday, the child must be evaluated by the responsible California Regional Center and determined to have a developmental disability.
          • For finalized adoption cases, prior to the child turning three (3) years old, they must contact the Adoption CSW or Postadoption Services (PAS) at (800) 735-4984, if the responsible California Regional Center determined that the child has a developmental disability.
      5. At the time of adoptive placement, sign the completed original and two (2) copies of the AD 4320 and AAP 1.
        1. Obtain each adoptive parent's signature(s) on the original and two (2) copies and leave the original AD 4320 and AAP 1 with the adoptive family.
          • If this is a cooperative placement, obtain the signature of the private agency representative.
        2. If the child is not eligible for AAP benefits, submit an AAP 2, which indicates that AAP eligibility is denied, the specific reason(s) the denial including relevant regulatory or statutory citations, and the effective date.
          • Submit the AAP 2 and supporting documents to the SCSW for approval.
        3. If the prospective adoptive parent(s) choose not to receive AAP benefits, encourage them to complete and sign a deferred request for AAP benefits, using the AD 4320 and AAP 1, and checking the box indicating deferment. Inform the prospective adoptive parent(s) that they will not be able to receive AAP payments in the future if a deferred agreement is not signed prior to the finalization of the adoption.
        4. If the prospective adoptive parent(s) choose to apply for Medi-Cal benefits only, complete the AAP 1 showing “0” as the amount paid.
          1. Check the box on #3 to indicate that the prospective adoptive parent(s) are deferring AAP benefits and are applying for Medi-Cal only.
      6. Explain that failure to report any of the changes listed on the AD 4320 can result in overpayment that may be recoverable by a direct charge or a reduction in current and future AAP benefits.
      7. Explain the following to the prospective adoptive parent(s):
        • Reassessment of the AAP benefit is required at least every two (2) years beginning from the date of a signed AAP agreement (AD 4320).
        • The child will not be eligible for an increase based on their age.
        • The adoptive family may request an AAP benefit increase at any time, based on the reassessment of the child's needs and the circumstances of the family.
        • The AAP benefit will be increased automatically for cost-of-living adjustments.
        • AAP and/or Medi-Cal benefits will terminate in the month in which the child turns eighteen (18) years old, or, if the agency has determined that the child has a mental or physical disability that warrants continued assistance, in the month in which the child becomes twenty-one (21) years old.
        • If the initial AAP agreement is signed when the child/NMD is sixteen (16) years old or older, that AAP benefits may be extended beyond age eighteen (18) if child/NMD meets one of the following criteria:
          • Is attending/completing high school or an equivalency program; or
          • Is enrolled in an institution that provides postsecondary or vocational education; or
          • Is participating in a program or activity designed to promote or to remove barriers to employment; or
          • Is employed for at least eighty (80) hours per month; or
          • Is unable to do any of the activities at the facilities/programs above, due to a documented physical or mental condition.
        • The adoptive parent(s) must report to DCFS if the nonminor former dependent is not satisfying at least one (1) of these participation criteria.
        • Receipt of AAP payment and/or benefits beyond eighteen (18) years of age is contingent upon the adopting parents requesting the benefit extension prior to the child/youth's eighteenth (18th) birthday by both:
          • Calling the Foster Care/Adoption Assistance Payment Hotline (800) 697-4444 or Post Adoption Services (800) 735-4984
          • Providing documentation to DCFS of the child/youth's eligibility.
        • Provide information regarding other known mental health resources to the adoptive parents.
        • AAP benefits may be authorized for an eligible child's State approved group home or residential care treatment facility.
        • Continuation of AAP and/or Med-Cal payment depends upon the continued legal responsibility of the adoptive parents for the child.
        • The AAP benefit will be reduced if the AAP benefit amount exceeds the foster care maintenance payment that would have been made if the child had remained in a foster family home.
        • The AAP benefit may be reduced if the child receives other unearned income.
        • The agreement remains effective regardless of the county, state, or country in which the adoptive parent(s) reside.
        • Any additional services and assistance provided by DCFS will be included as part of the adoption agreement.
      8. If the adoptive parent(s) have private health insurance and there is no cost associated with adding the child to their health care plan (i.e., there is no premium), explain that the child must be added to their own health care plan as soon as the child becomes eligible. Explain that this carrier will be billed first and then Medi-Cal as the secondary carrier. Explain that if there is a cost associated with enrolling the child, the adoptive parent(s) are not required to add their child to their health care plan after the adoption. Instead, they can maintain medi-cal as the child's primary insurance.
      9. If the family plans to move out-of-state, explain that:
        • AAP LOC rates do not apply to out-of-state placements. The prospective or adoptive parent(s) receives the rate for the state that they are residing.
        • If the child is federally eligible, the child will be eligible for Medicaid benefits in that state.
        • If the child is not federally eligible, the child will continue to be eligible for California Medi-Cal benefits and that, it can be difficult to find an out-of-state health care provider who is willing to accept Medi-Cal.
        • The family must ensure that the health care provider obtains prior authorizations for the care needed by contacting the:

      State Department of Health Services
      San Francisco Medi-Cal Field Office
      Out-of-State Claims Unit
      P.O. Box 193704, San Francisco, CA 94119
      (415) 904-9600

      1. If the family has concerns regarding the impact of AAP benefits on federal tax levies or any other public assistance programs, tell them to consult with their tax consultant, the Internal Revenue Service (IRS), or the program administrator for the benefit they are receiving.
        • For further questions, refer them to the Foster Care/Adoption Assistance Payment Hotline at (800) 697-4444.
      2. If the child is receiving Supplemental Security Income (SSI), explain to the prospective adoptive parent(s) that they must report AAP benefits to the Social Security Administration (SSA).
        • Explain that SSA may deduct the amount of the AAP benefit from the child's SSI grant.
      3. Inform the adoptive parent(s) that if they receive both an AAP and a foster care check for the same time period, they must return the foster care check to avoid an overpayment:

      Department of Children and Family Services
      510 S. Vermont Ave.
      Los Angeles, CA 90020
      Attention: Overpayment Unit

      1. Complete the AAP 2, Payment Instructions, Adoption Assistance Program.
      2. Within five (5) business days of placement, submit one (1) copy of the signed AD 4320, AAP 1, AAP 2, AAP 4, AAP 6, AAP 7, AAP 9A, AAP 9B, AAP 10 and the DCFS/A 23 to the SCSW for approval.
        • Keep one copy in the case record.
      3. File one (1) copy of the AAP related documents (AD 4320, AAP 1, AAP2, AAP 4, AAP 6, AAP 7, AAP 9A, AAP 9B, AAP 10, and the DCFS/A 23) in the applicant folder and provide one copy the adoptive parent(s).
      4. Ensure that all required documentation supporting the negotiation, agreement, and authorization to pay the agreed upon amount is completed on the most up-to-date form and filled out accurately prior to going out to the adoptive placement.
        1. Check all AAP forms for completeness and accuracy at the time of adoptive placement and for any subsequent renegotiation/reassessment.
      5. Upon return to the office after adoptive placement, submit all AAP forms to SCSW for review and approval.

      Adoption SCSW Responsibilities

      1. Review the AD 4320, AAP 1, AAP 2, AAP 4, AAP 6, AAP 7, AAP 9A, AAP 9B, AAP 10, and the DCFS/A 23.
        1. If approved, sign the AAP 6 and return it to the CSW.
        2. Forward the AD 4320, AAP 1, AAP 2, AAP 4, and DCFS/A 23 to the AAP Unit Clerk to fax to the AAP Intake Unit at (213) 742-7035.
          1. If the AAP has a SCI rate, forward the AD 4320, AAP 2, AAP 9A, AAP 9B, and all supporting documents to the ARA for approval.
          2. Once the ARA has signed the AAP 2, forward it, along with the AD 4320, DCFS/A 23, AAP 1, and AAP 4 to the Unit Clerk to email to the AAP Intake Unit Inbox at DCFSAAPIntake@dcfs.lacounty.gov.
        3. If not approved, return the documents to the CSW for corrective action.
      2. If the child is not eligible for AAP benefits, review the AAP 2.
        1. If approved, sign the AAP 2 and forward it to the ARA.
          1. Obtain the ARA's signature and email the request to the AAP Intake Unit Inbox at DCFSAAPIntake@dcfs.lacounty.gov.
        2. If not approved, return the AAP 2 to the CSW for corrective action.
      3. Ensure all required AAP documentation has been completed accurately and, where applicable, sign any documentation requiring signature after the family has signed.
        1. If errors are noted, return to CSW for corrections. This may require generating new documents and either returning to the family to obtain signatures or, if the family has electronic mail, scanning over the corrected documentation with a request that the family print out and sign the revised documents with the current date and return them to the CSW via actual mail.
        2. If no errors are noted, ensure that the documentation required is submitted to the AAP Initiation Unit.

      Adoption ARA Responsibilities

      1. Review the AD 4320, AAP 1, AAP 2, AAP 4, AAP 6, AAP 9A, AAP 9B, and any documentation supporting an SCI rate.
        1. If approved, sign the AAP 2 and forward it along with the AD 4320, AAP 1, AAP 4, AAP 6, AAP 9A, AAP 9B, and supporting documents to the SCSW.
        2. If not approved, return the documents to the SCSW for corrective action.
      2. If the child is not eligible for AAP benefits, review the AAP 2.
        1. If approved, sign the AAP 2 and forward it to the SCSW.
        2. If not approved, return the AAP 2 to the SCSW for corrective action.

      Adoption Assistant Responsibilities

      1. Provide assistance in any phase of the adoption process as directed by management, including obtaining signatures from the adoptive family, gathering vital records, and support documentation for payment adjustments.
      2. After AAP documentation has been submitted to the AAP Initiation unit, check the documents for accuracy and completeness before preparing the AAP Documentation Packet using the Model Case Format as indicated on the DCFS/A 65B Part 2.
      3. At the time of finalization, follow up with the CSW for any AAP Reassessment Documentation negotiated, agreed upon, and authorized since the initial AAP ensuring that all supporting documentation for any specialized rate is obtained.
      4. Upon receipt of the ADOPT 215 Order of Adoption, check the name and DOB against the forms for accuracy.
        1. If correct, place a copy in the AAP Documentation Packet and scan the entire packet to ensure a copy of the documentation. Ensure the documentation is saved prior to mailing the packet. Generate a transmittal in duplicate and send the packet to the Documents Custodian via county mail requesting a signed copy of the transmittal be returned.
      5. Upon receipt of the signed returned transmittal, ensure that no annotations of missing documentation or corrections are needed. The scan of the AAP Documentation Packet may be shredded.
        1. If documentation is still needed to complete the packet, do not discard the original scan.
        2. When sending the additional or corrected documentation, follow 3a above.

      AAP Documents Custodian Responsibilities

      1. Upon receipt of an AAP Documentation Packet, create the child on the AAP Documentation Log.
      2. Review the packet for completeness and accuracy as follows and mark the AAP Documentation Log accordingly:
        • Check that all required forms are in the packet as indicated on the DCFS/A 65B Part 2– if AAP has been reassessed/renegotiated, ensure that there is an AAP6, AAP 9A, AAP 9B, AAP 10, AD4320 and AAP2 for each reassessment and supporting documentation for the higher rate.
        • Check that the child’s name is spelled correctly and consistently spelled correctly across all documents.
        • Check that the child’s DOB is correct and consistent across all documents – this may require pulling up the child’s Birth Certificate in CWS/CMS for verification.
        • Ensure that the AAP1 has all required information and all needed check marks as well as the appropriate signatures with dates.
        • Ensure that the FC8 and AAP4 information reflect the same information as well as having both the CSW and EW signatures with dates.
        • Ensure that the AAP6 has all required amounts in the appropriate areas, all required information, and needed check marks, as well as the SCSW initials next to the max amount and appropriate signatures with dates.
        • Ensure that the AAP2 has the appropriate signatures with dates. Any amount over basic rate requires ARA signature.
        • Ensure that the top section of the AAP8 has the child’s name, DOB and Adoptive Placement date as well as one marked box with its required information and signatures with dates from all required parties.
        • Ensure that the AAP 9A is signed by the AAP LOC CSW.
        • For a child(ren) receiving rates higher than basic, ensure that supporting documentation showing qualification is included as well as SOC forms to any Supplement to the Rate for Regional Center clients.
        • Ensure the RFA05, Resource Family Approval Certificate, or a copy of the Home Study/Written Report is included to show proof of approval.
      3. If documentation is missing or in error, indicate this information on the AAP Corrections Tab of the Documentation log, and mark the transmittal accordingly.
        • For minor corrections, reach out to the AA, CSW, and SCSW to make corrections. If errors are on the AAP4 and/or FC8, contact the EW and EWS. The EW and EWS information can be located in LEADER Replacement System (LRS). Update the log with the date and parties contacted.
      4. Upon completion of the review:
        • Sign and return a copy of the signed transmittal to the submitting AA.
        • If additional documentation or corrections are needed, annotate needed items on the transmittal prior to sending back to the submitting AA.
        • If nothing further is needed, write or stamp “Complete” on the transmittal prior to returning.
      5. File completed accurate AAP Documentation Packets alphabetically in the designated storage area.
        • Packets pending receipt of minor additional information or corrected documentation should be stored in a “Pending” drawer and monitored at least monthly according to the Corrections Tab on the AAP Documentation Log.
        • Packets pending receipt of corrections, create an AAP Intake and forward the case to the Postadoption Services (PAS) Unit for the case to be assigned to a PAS CSW for correction.
        • Upon completion of corrective actions, remove files from the “Pending” drawer and file in archives.
      6. Monitor the AAP Corrections Tab at least weekly.
        • Notate dates the resolution was issued.
        • Send weekly reminders as needed.
        • If an issue is not resolved within three (3) calendar weeks of the initial request, forward the case to AAP Documents Custodian Supervisor for follow up.
      7. Reconcile the AAP Finalization log against the AAP Document Folder Master log to verify if the AAP Document folders for finalized adoptions have been received.
        • If not received, send follow up emails to the staff to inquire on the status of the AAP Document Folders.

      AAP Documents Custodian Supervisor Responsibilities

      1. Ensure that the AAP Documents Custodian receives the monthlyAdoptions Finalized Report.
      2. Use the DCFS/A 65B Part 3, Adoption Assistance Program (AAP) Benefit Quality Assurance Review (QAR) Checklist, to review AAP Documentation Packets previously submitted for corrections to the PAS Unit for accuracy and completeness.
      3. If the file is not accurately corrected, email the CAP to the Postadoption CSW, Adoption SCSW, and ARA for the case in need of correction and cc the AAP Documents Custodian. If needed include the EW and EWS in the email.
      4. Provide assistance in CAP resolution as needed.
      5. Provide the Corrective Actions Pending log to the Division Chief monthly for dissemination to managers for follow up and discussion.

      Initiating AAP Benefits for a Cooperative ICPC Adoptive Placement

      Adoption CSW Responsibilities

      1. Confirm AAP eligibility.
      2. Contact the receiving state's social worker and inform them that a packet containing the following will be forwarded:
        • AAP 1, Request for Adoption Assistance Program Benefit
        • DCFS 5620, Comparison of Legal and Financial Benefits Adoption, Legal Guardianship and Planned Living Arrangement
        • AAP 6, Adoption Assistance Program Negotiated Benefit Amount and Approval
        • AAP 7, Adoption Assistance Program Statement of Acknowledgment
      3. Request that the social worker meet with the adoptive family to complete the AAP 1, and discuss the differences between AAP benefits and foster care benefits.
      4. Receive the completed AAP 1, AAP 6, and AAP 7.
        1. If the family is requesting a higher rate, request information from the social worker regarding the child's functioning.
        2. Proceed as directed in Responding to Adoptive Parent(s) who Disagree with a Determined AAP Benefit.
        3. Request that the social worker meet with the family again to negotiate the AAP amount.
        4. Request a summary of the negotiations from the social worker.
      5. Document a summary of the contacts with the social worker in the Contact Notebook.
      6. Once the AAP benefit is agreed upon, proceed with the adoptive placement.
        1. Complete the DCFS/A 23, Request for Notice of Placement.
        2. Attach the DCFS/A 23 and the signed AAP 6 to the DCFS/A 65B, Adoptive Placement Approval/Checklist, and submit them to the SCSW.
        3. Mail three (3) packets to the social worker containing the DCFS/A 226, DCFS/A 171, AD 4320, and copies of the signed AAP 6 and AAP 7.
        4. Request that the social worker make an appointment with the family for the purpose of adoptive placement.
        5. Request that the social worker review the points in Initiating AAP and Medi-Cal Benefits at the time of placement.
      7. Upon receipt of the signed adoptive placement packet, submit one (1) copy of the AD 4320, AAP 1, and AAP 2 to the SCSW for approval.
        1. Keep the other copy in the case file.
        2. Indicate on the AAP 2 that this case is an Interstate Compact on the Placement of Children (ICPC) case and that the Interstate Compact on Adoption and Medical Assistance (ICAMA) forms must be completed.
      8. Submit the AD 4320, AAP 1, AAP 2, AAP 4, AAP 6, and DCFS/A 23 to the SCSW for approval.
        • If the child is not eligible for AAP benefits, submit an AAP 2, which indicates that AAP eligibility is denied, the specific reason(s) for denial including relevant regulatory or statutory citations, and the effective date.

      Adoption SCSW Responsibilities

      1. Review the AD 4320, AAP 1, AAP 2, AAP 4, AAP 6, and the DCFS/A 23.
        1. If approved, sign the AAP 2 and forward it along with the AD 4320, AAP 1, AAP 4, AAP 6, and DCFS/A 23 to the AAP Unit Clerk.
          1. If the AAP has a SCI rate, forward the AD 4320, AAP 1, AAP 2, AAP 4, AAP6, and supporting documents to the ARA for approval.
          2. Once the ARA has signed the AAP 2, forward it, along with the AD 4320, DCFS/A 23, AAP 1, and AAP 4 to the Unit Clerk to fax to the AAP Intake Unit.
        2. If not approved, return the documents to the CSW for corrective action.
      2. If the child is not eligible for AAP benefits, review the AAP 2.
        1. If approved, sign the AAP 2 and forward it to the ARA.
          • Obtain the ARA's signature and email the request to the Revenue Enhancement Division AAP Intake Unit Inbox at DCFSAAPIntake@dcfs.lacounty.gov.
        2. If not approved, return the AAP 2 to the CSW for corrective action.

      Adoption ARA Responsibilities

      1. Review the AD 4320, AAP 1, AAP 2, AAP 4, AAP 6 and any documentation supporting an SCI rate.
        1. If approved, sign the AAP 2 and forward it along with the AD 4320, AAP 1, AAP 4, AAP 6 and supporting documents to the SCSW.
        2. If not approved, return the documents to the SCSW for corrective action.
      2. If the child is not eligible for AAP benefits, review the AAP 2.
        1. If approved, sign the AAP 2 and forward it to the SCSW.
        2. If not approved, return the AAP 2 to the SCSW for corrective action.

      Responding to a Request for a Child/NMD be Placed in a Group Home, Short-Term Residential Therapeutic Program (STRTP), or Residential Care Facility

      Adoption CSW Responsibilities

      1. Review the child's Education and Health History Notebook and/or the closed case for documentation regarding any previous history of mental or emotional problems.
      2. Consult with the adoptive family and review any documentation provided by the family that provides medical documentation, regarding the need for out-of-home placement. This can include the appropriateness of a specific placement and the facility's rate classification level.
      3. Determine the Adoption Assistance Program (AAP) benefit rate needed to place the child in out-of-home care.
      4. Inform the adoptive family of all applicable required aspects of the AAP benefit.
      5. Once the adoptive parent(s) agree on the AAP benefit:
        1. On the AD 4320, Adoption Assistance Program (AAP) Agreement, state that the APA benefit is intended for the child's out-of-home placement.
        2. Obtain each adoptive parent's signature on the new, original AD 4320 and on two (2) copies.
          • Ensure that the new AD 4320 must indicate that the agreement is an amendment to the initial AD 4320.
        3. Sign the completed original and the two (2) copies.
        4. Give the AAP 3, Reassessment Information – Adoption Assistance Program, and the AAP 6, Adoption Assistance Program Negotiated Benefit Amount and Approval, and the AAP 10 Reporting Tool to the adoptive parent(s) to complete.
        5. Obtain each adoptive parent's signature on the AAP 3 and AAP 6 and two (2) copies.
        6. Leave a copy of the AD 4320, AAP 3, and AAP 6, and AAP 10 with the adoptive parent(s).
        7. Complete the AAP 2, Payment Instructions – Adoption Assistance Program, and instruct the AAP Reassessment Unit to send the adoptive parents a NA 791, Notice of Action.
      6. Fax or mail the AD 4320, AAP 2, and AAP 3 to the Revenue Enhancement Division AAP Reassessment Unit at:

      AAP Reassessment Unit
      725 South Grand Avenue
      Glendora, CA 81740
      (626) 691-1502
      Fax: (626) 691-1105

      1. Upon the child's return to the adoptive parents home, ensure that a new AAP Agreement is signed to reflect the new AAP benefit amount.

      Adoption Assistance Program (AAP) Reassessments

      After the adoption is finalized and court Jurisdiction is terminated and Adoption worker is no longer assigned to the case in CWS/CMS, the Postadoption Services (PAS) Unit is responsible for processing requests for reassessments and for changes to Adoption Assistance Program (AAP) benefits. The PAS Unit can receive a change request from the adoptive family, the Eligibility Worker from Revenue Enhancement AAP Reassessment Unit, or the Foster Care Hotline.

      The AAP Reassessment Unit forwards the completed AAP3, Reassessment Information – Adoption Assistance Program from the adoptive parents, to PAS inbox at PASEWworkorders@dcfs.lacounty.gov to complete and return approximately ninety (90) days before the current benefit period expires. The AAP 3 states that adoptive parents must keep DCFS informed of circumstances that may affect the family's receipt of AAP benefits. A complete AAP 3 form is due every two (2) years. If a family does not submit a reassessment form, AAP payments must continue at the rate reflected on the last AAP 2, Payment Instructions – Adoption Assistance Program.

      The AAP LOC protocol does not apply to reassessments for initial agreements signed prior to January 1, 2017. The three rate structures stated in ACL 21-97 still apply to initial AAP agreements signed prior to January 1, 2017.

      The AAP LOC protocol only applies to initial AAP agreements signed on or after January 1, 2017 and reassessment agreement signed on or after April 1, 2021. Refer to ACL 21-54.

      • If a family returns the AAP3 within thirty (30) days after the expiration of the ninety (90) day period, the effective date of renewal is the last day of the ninety (90) day period.
      • If a family takes more than thirty (30) days after the expiration of the ninety (90) day period to return the AAP3, the effective date of renewal is the date on which assistance was re-requested in writing.

      Responding to a Returned AAP 3

      AAP Reassessment Unit Responsibilities

      1. Once the AAP 3, Reassessment Information – Adoption Assistance Program, and the AAP 10, Prospective or Adoptive Parent(s) Level of Care (LOC) Reporting Tool, are returned by the adoptive parent(s)jk, submit a referral to the AAP LOC Unit at aaploc@dcfs.lacounty.gov for reassessment determination if the original agreement was signed after January 1, 2017 and an amendment was signed on or after April 1, 2021 before proceeding to the steps below. If the agreement was signed prior to January 1, 2017, complete the following steps depending on the adoptive parent(s)' request:

      Adoptive Parent(s)' Request

      Required Steps

      Adoptive parent(s) no longer wish to receive AAP benefits for the child (Select Box 1.)

      • Follow the procedures for completing a NA 791, Notice of Action, to suspend benefits.
      • The adoptive family can request to restart benefits before the child turning eighteen (18) or twenty-one (21).

      Adoptive parent(s) request the continuation of AAP benefits at the current level (Select Box 2.)

      • Process the reassessment at the current rate.

      Adoptive parent(s) request an increase in the AAP benefit because the needs of the child have changed (Select Box 3.)

      • The adoptive parent(s) must provide written documentation of the child's special needs.
      • The case is sent to the Post Adoption Services (PAS) for reassessment.
      • If the documentation provided to justify the increase is sufficient and if the adoptive parent(s) are in agreement with the change, adjust AAP benefits.

      Adoptive parent(s) request a decrease in the amount of the AAP benefit (Select Box 4.)

      Provide the adoptive parent(s) with the following:

      • AAP 6, Adoption Assistance Program Negotiated Benefit Amount and Approval, to negotiate the new benefit; and
      • AD 4320, Adoption Assistance Program (AAP) Agreement, to amend the initial AD 4320

      Responding to Requests to Change the AAP Benefit

      Adoption Responsibilities

      The following procedures apply to cases where:

      • The adoptive parent(s) request an increase in the Adoption Assistance Program (AAP) benefit amount or an extended period of payment.
      • The adoptive parent(s) move out-of-county, out-of-state, or out-of-country.
      • There is a change in the child's payee.
      1. If the adoption was finalized less than six (6) months from the date of the reassessment request, refer the adoptive family to the case-carrying CSW.
      2. Ensure that the case is cleared on the Adoption Integrated System (AIS).
      3. Request the PAS Adoption Assistant (AA) compile a “dummy” folder to work a case currently receiving benefits.
        1. If a deferred AAP agreement was signed and if the client has not previously received AAP benefits, complete a DCFS/A 43, Action Request, to obtain the case from archives.
          • The family is not eligible for AAP benefits unless the AD 4320 was signed prior to the finalization of the adoption.

      Adoption CSW Responsibilities

      1. Upon assignment of the AAP case, review the original AD 4320, Adoption Assistance Program (AAP) Agreement, and the adoptive parent(s) request. If the initial agreement was signed prior to January 1, 2017, follow the steps below. If the initial agreement was signed on or after January 1, 2021 or amended on or after April 1, 2021, complete and submit the referral form to the AAP LOC Unit for a rate re-determination assessment. After the AAP LOC Unit completes the assessment, use the information provided on the AAP 9A and AAP 9B to complete the AAP 6, AD 4320 and DCFS/A 15C.
        1. Contact the adoptive parent(s) by letter or by phone to inform them that you will be processing their reassessment request.
        2. Refer the adoptive parent(s) to available resources, as needed (e.g. Adoption Promotion and Support Services (APSS) Program).
      2. If the adoptive parent(s) request an increase in the AAP benefit, or if the adoptive family moves out-of-county, out-of-state, or out-of-country, take all appropriate, required actions, outlined in Determination of Adoption Assistance Program (AAP) Benefits.
      3. Determine the amount of the AAP benefit.
        1. If the case is not open, document the child's needs and the rationale for the proposed AAP benefit amount on the DCFS/A 15C, PAS, AAP/AAC, and Case History Sheet.
        2. If the case is open, document the child's needs and the rationale for the proposed AAP benefit amount in the child's Case Notes.
      4. Complete the AD 4320.
      5. Submit the AD 4320, DCFS/A 15C, or Case Notes and all supporting documentation to the SCSW for approval.
      6. Once the AAP benefit amount has been approved by the SCSW and the ARA, discuss the approved amount with the adoptive parent(s).
        1. If the adoptive parent(s) agree to the AAP benefit amount, obtain each adoptive parent's signature on the original and two (2) copies of the AAP 3, Reassessment Information – Adoption Assistance Program, and AAP 6, Adoption Assistance Program Negotiated Benefit Amount and Approval, and the new AD 4320.
        2. Sign the completed original and two (2) copies of each form.
        3. Leave the originals of each form with the adoptive parent(s).
      7. Complete the AAP 2 to instruct the AAP Reassessment Unit to send the adoptive parent(s) a NA 791, Notice of Action.
      8. Fax or mail the AD 4320, AAP 2, and AAP 3 to the AAP Reassessment Unit at (626) 691-0964.
      9. Return the case to the archives.
      10. If there is a change in payee: If there is a change in payee, the Adoption CSW must take the following steps, as applicable:

        Reason for Change in Payee

        Required Adoption Actions

        Adoptive parents have separated and one (1) parent is requesting a change in payee.

        • Request that the parent obtains and provide the dissolution decree document, showing their legal custody of the child.

        One (1) adoptive parent has died, and the other is requesting a change in payee.

        • Request that the parent obtains and provides a certified copy of the spouse's death certificate.
      11. If it is reported that both adoptive parent(s) are deceased:
        1. Submit an AAP 2, Payment Instructions – Adoption Assistance Program, to the AAP Reassessment Unit to stop the AAP payment.
        2. Discuss with the child's current caregiver(s) their ability to provide for the child.
          1. If the assessment reveals that the child is at risk of being in danger of abuse or neglect, contact the Child Protection Hotline as soon as possible.
        3. If they wish to pursue adoption, legal guardianship, foster care, financial benefits, etc., refer the caregiver(s) to appropriate resources and/or legal advisors.

      Adoption SCSW Responsibilities

      1. Review the AD 4320, DCFS/A 15, or Case Notes and all supporting documentation.
        1. If approved, forward the AD 4320, Case Notes, and the supporting documentation to the ARA for approval.
        2. If not approved, return to the CSW for corrective action.

      Adoption ARA Responsibilities

      1. Review the AD 4320, DCFS/A 15, or Case Notes and all supporting documentation.
        1. If approved, sign the AD 4320 and return the packet to the CSW for processing.
        2. If not approved, return to the CSW for corrective action.
      APPROVALS

      SCSW Approval

      • AAP 2
      • AAP 6
      • AD 4320
      • Adoption Integrated System (AIS)

      ARA Approval

      • AAP 2
      • AAP 6
      • AD 4320
      • Written summaries
      HELPFUL LINKS

      Attachments

      Adoption Assistance Program (AAP), Medi-Cal and Social Security Income/ Supplemental Security Payment (SSI/SSP) Benefits

      Determination of Adoption Assistance Program (AAP) Benefits

      State Only Funded AAP Frequent Asked Questions

      Forms

      CWS/CMS

      AAP 1, Request for Adoption Assistance Program Benefits

      AAP 4, Eligibility Certification – Adoption Assistance Program

      AD 4320, Adoption Assistance Agreement

      LA Kids

      AAP 1, Request for Adoption Assistance Program Benefit

      AAP 2, Payment Instructions, Adoption Assistance Program

      AAP 3, Reassessment Information – Adoption Assistance Program

      AAP 6, Adoption Assistance Program Negotiated Benefit Amount and Approval

      AAP 7, Adoption Assistance Program Statement of Acknowledgment

      AAP 9, Adoption Assistance Program (AAP) Level of Care Rate Determination Instruction Guide

      AAP 9A, Adoption Assistance Program Level of Care Determination Protocol Matrix

      AAP 10, Prospective or Adoptive Parent(s) Level of Care (LOC) Reporting Tool

      AD 4320, Adoption Assistance Program (AAP) Agreement

      DCFS/A 23, Request for Notice of Placement

      DCFS/A 65B Part 2, Adoption Assistance Program (AAP) Benefit Checklist

      DCFS/A 65B Part 3, Adoption Assistance Program (AAP) Benefit Quality Assurance Review (QAR) Checklist

      DCFS/A 226, Interagency/ICPC Letter

      DCFS 280, Technical Assistance Action Request

      DCFS 5620, Comparison of Legal and Financial Benefits Adoption, Legal Guardianship, and Planned Living Arrangement

      NA 791, Notice of Action

      Hard Copy

      AAP 9B, Adoption Assistance Program Level of Care Digital Scoring Form

      AD 4333, Acknowledgment and Confirmation of Receipt of Relinquishment Documents

      DCFS/A 43, Action Request

      DCFS/A 171, Interagency Adoptive Placement Agreement

      REFERENCED POLICY GUIDES

      0070-516.10, Assessing a Child's Development & Referring to a Regional Center

      0200-506.20, Grievance Procedures for Denial of Adoption Requests or Withdrawal of Approved Applicant Assessments

      0200-509.20, Pre-Placement Process

      0200-509.35, Adoptive Placements

      0200-510.10, Postadoption Services

      0200-513.01, Finalizing an Adoption

      0700-504.20, Referring Children for Special Education or Early Intervention Services

      0900-511.12, Dual Agency Rates

      0900-522.10, Specialized Care Increment (SCI) – D-Rate

      0900-522.11, Specialized Care Increment (SCI) – F-Rate

      0900-523.10, Social Security (SS)/Supplemental Security Income (SSI) Benefits for Children in Care

      1200-500.05, Adopting and Serving Children Under the Indian Child Welfare Act (ICWA)

      STATUTES AND OTHER MANDATES

      All County Information Notice (ACIN) No. I-05-92, Adoption Subsidies in the Food Stamp Program

      All County Letter (ACL) No. 02-56, Dolores Yarbrough vs. Rita Saenz and California Department of Social Services – Instructs agencies to cease considering Supplemental Security Income (SS)I as unearned income for children receiving Title IV-E AAP benefits. Also states that DCFS must inform families that they must report any AAP benefits received on behalf of their federally eligible adopted child to Social Security Administration (SSA) and advise adoptive parent(s) that the SSA might deduct the AAP benefit from their SSI grant.

      ACL 09-51, – California's Adoption Assistance Program and Title IV-E Federal Mandates.

      ACL No. 90-101, Treatment of Adoption Assistance Program (AAP) Payments in AFDC, RCA, and RDP.

      ACL 20-68, Adoption Assistance Program (AAP) Rates

      ACL 21-54, Adoption Assistance Program (AAP) Rates Level of Care (LOC) Protocol

      California Department of Social Services (CDSS) Manual of Policies and Procedures (MPP), Title 22, Div 2, Adoptions Manual, Subchapter 5, Section 35326-35341 – Summarizes the procedures for the reassessment of a child's needs.

      CDSS MPP Title 22, Div 2, Adoptions Manual, Subchapter 5, Section 35342 – States that annual income does not include adoption assistance payments in excess of $480 per adopted child.

      CDSS MPP, Title 24, Section 5.609(c) – States that annual income does not include adoption assistance payments in excess of $480 per adopted child.

      CDSS Manual Letter No. EAS 11-01 – Instructs counties to disregard certain types of income excluded by federal law.

      Family Code (FAM) Section 8506 – Defines an "agency adoption".

      Welfare and Institutions Code (WIC) Section 11464 – Sets forth the criteria, requirements, and rates for Regional Centers as well as supplemental rates.

      WIC Section 16118 – Addresses the duties and responsibilities of the agency providing financial assistance through the AAP.

      WIC Section 16119 – Summarizes the requirements for informing prospective adoptive parent(s) about the availability of AAP benefits and how AAP benefits are determined.

      WIC Sections 16120-16120.1 – Summarizes eligibility for AAP benefits, requirements for the adoption assistance agreement, and reimbursement of nonrecurring expenses for a child eligible for AAP. WIC Section 16120(d)(1)(2)(3) states the specific conditions that must be met for eligibility.

      WIC Section 16120(k)(n)(1)(E) and (I)(2)(3) – Provides the criteria to be considered an "applicable child" for federal funding. Also outlines, based on the fiscal year, what age a child must be to be considered an applicable child.

      WIC Section 16121 – Summarizes: adoption assistance, benefit amounts, out-of-home placement requirements/amounts, maximum time, the application process, and adjustments to the adoption assistance payment rate structure.