1. (a) The Adoption Assistance Program (AAP) removes or reduces barriers to the adoption of children who otherwise would remain in long-term foster care. The program provides necessary financial assistance to families who are willing and able to assume parental responsibility for children but are prevented from doing so by inadequate financial resources.

2. (b) The agency shall provide any person who wants to apply for adoption assistance benefits with a Request for Adoption Assistance form (AAP 1).

   1. (1) If the agency placing a child for adoption believes the child to be an AAP-eligible child, the agency shall offer the family an AAP 1.

3. (c) The responsible public agency refers to the department or licensed county adoption agency responsible for determining a child's AAP eligibility and initial and subsequent payment amounts. The income maintenance division of each county welfare department is responsible for federal eligibility determination and payment of AAP benefits.

   1. (1) If the child has been voluntarily relinquished for adoption to a California licensed public or private adoption agency and placed with a California prospective adoptive family, the financially responsible county shall be the county in which the relinquishing parent resides. The prospective adoptive parents shall submit the completed AAP 1 and supporting documentation to the responsible public agency representing their county of residence.

      1. (A) The licensed private adoption agency shall submit the AAP 1 and supporting documentation, including, but not limited to, the assessment of the child required by Section 35127.1 and a description of efforts to locate a non-subsidy home for the child, as the Department or licensed county adoption agency finds necessary in the particular case.
   2. (2) If a child is relinquished to a private adoption agency in another state and placed with a prospective adoptive family in California, the prospective adoptive family's county of residence is financially responsible. The prospective adoptive parents shall submit the completed AAP 1 and supporting documentation to the responsible public agency representing their county of residence.
   3. (3) If a child is relinquished to a private adoption agency in California and placed with a prospective adoptive family in another state, the public child welfare agency in the adoptive parents' state of residence is responsible for determining the child's eligibility and for all AAP payments.
4. (d) Once established, the county of responsibility shall remain unchanged for the duration of adoption assistance payments for that child.

5. (e) The responsible public agency shall determine whether the child meets the eligibility requirements as specified in Section 35326.

   1. (1) If an AAP 1 is submitted on behalf of a relinquished child who is not under the supervision of a county welfare department as the subject of a legal guardianship or a juvenile court dependency, the agency shall ask that entity responsible for providing services to children who are dependents of the court in the county that would be responsible for providing AAP benefits for a written determination as to whether the child would or would not have been at risk of dependency if the child had not been relinquished for adoption.
   2. (2) If the responsible public agency determines that the child is not eligible for AAP benefits, the agency shall send the county responsible for payment a completed Payment Instructions - Adoption Assistance Program form (AAP 2) indicating that AAP eligibility is denied and the specific reason(s), including relevant regulatory or statutory citations, for the denial.

Note: Authority cited: Sections 10553 and 16118(a), Welfare and Institutions Code; and Section 1530, Health and Safety Code. Reference: Sections 16118, 16119, 16120 and 16121, Welfare and Institutions Code; 45 CFR 1356.40; and 42 USC 673 and 675.

History

1. Renumbering of former article 1 to article 2, renumbering of former section 35325 to section 35326, and new article 1 and section filed 10-31-94 as an emergency; operative 11-1-94 (Register 94, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-1-95 or emergency language will be repealed by operation of law on the following day. For prior history, see Register 91, No. 52.

2. Certificate of Compliance as to 10-31-94 order including amendment of subsections (a) and (b)(1), new subsection (e)(3)(E) and subsection relettering transmitted to OAL 2-27-95 and filed 4-10-95 (Register 95, No. 15).

3. Amendment of subsection (e)(3)(C)1. filed 5-3-99; operative 5-3-99 (Register 99, No. 19).

4. New subsection (c)(2)(A), subsection relettering, amendment of subsection (e)(3)(D), new subsection (e)(3)(D)5. and amendment of Note filed 11-30-2000 as an emergency; operative 12-1-2000 (Register 2001, No. 13). A Certificate of Compliance must be transmitted to OAL by 3-30-2001 or emergency language will be repealed by operation of law on the following day.

5. New subsection (c)(2)(A), subsection relettering, amendment of subsection (e)(3)(D), new subsection (e)(3)(D)5. and amendment of Note refiled 3-30-2001 as an emergency; operative 3-31-2001 (Register 2001, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-30-2001 or emergency language will be repealed by operation of law on the following day.

6. Certificate of Compliance as to 3-31-2001 order, including further amendment of subsection (c)(2)(B) and new subsection (d) reference, transmitted to OAL 7-27-2001 and filed 9-6-2001 (Register 2001, No. 36).

7. Amendment of section and Note filed 11-10-2011; operative 12-10-2011 (Register 2011, No. 45).