Cal. Code Regs. tit. 22, § 35343 – Procedures for Reassessment of the Child's Needs.

(a) A reassessment shall be completed by the responsible public agency which authorized the initial payment unless one of the following is met:
1. (1) The child has attained the age of 18 or 21;
2. (2) The adoptive parents are no longer legally responsible for the support of the child.
3. (3) The responsible public agency determines the adoptive parents are no longer providing support to the child.
(b) The reassessment process shall include the following steps:
1. (1) The county responsible for payment shall mail the adoptive parent(s) the Reassessment Information Adoption Assistance Program form (AAP 3) at least 60, and not more than 90, calendar days prior to the date the reassessment is due and shall document in the case record the date such form was mailed.
  1. (A) The adoptive parent(s) shall return the AAP 3 to the responsible public agency which authorized the initial payment.
    1. 1. If the family does not submit a completed AAP 3 form, AAP must continue at the same rate reflected on the last AAP agreement and Payment Instructions (AAP 2) form.
2. (2) If the responsible public agency receives the completed AAP 3 from the adoptive parents, the agency shall complete the reassessment process as follows:
  1. (A) If the adoptive parents select box 1 on the AAP 3 indicating they no longer wish to receive an AAP benefit for their child, the agency shall follow the procedures as specified in Section 35339 for completing a deferred payment agreement.
  2. (B) If the adoptive parents select box 2 on the AAP 3 indicating they request the AAP benefit to continue, the agency shall pay the same rate reflected on the last AAP agreement and Payment Instructions Adoption Assistance Program (AAP 2) form.
  3. (C) If the adoptive parents select box 3 on the AAP 3, requesting an increase in the amount of the AAP benefit, the adoptive parents shall provide written documentation of the child's needs justifying the increase. The agency may require additional information as necessary.
    1. 1. The agency shall base the reassessment of the child's needs and required level of care and supervision on the following information:
      1. a. Information provided by the adoptive parents.
      2. b. Information about the child based on application of the county's foster care specialized care assessment instrument.
      3. c. Circumstances of the family.
    2. 2. The responsible public agency shall follow the procedures in Section 35333 in determining the new maximum AAP benefit amount.
    3. 3. If the agency determines that a change in the amount of payment appears appropriate, the adoptive parents' concurrence shall be obtained prior to changing the amount of payment.
      1. a. The adoptive parents' concurrence is not required if the payment amount is changed to prevent the payment from exceeding the maximum foster care maintenance payment that would have been paid had the child remained in foster care.
    4. 4. The responsible public agency and the adoptive parents shall complete an amended AD 4320 to reflect the change in the amount of AAP benefit.
      1. a. If the agency and the adoptive parents are unable to agree on the amount of the AAP benefit, the agency shall complete an AAP 2 instructing the county to send a Notice of Action to the adoptive parents indicating that the request for additional AAP benefits is denied and that the AAP benefit will continue at the prior rate. The agency shall specify the reason for denial as “The agency and the family cannot agree on benefits.”
    5. 5. The agency shall complete and send a Payment Instructions Adoption Assistance Program (AAP 2) form to the county within five working days of completing the reassessment process.
  4. (D) If the adoptive parents select box 4 on the AAP 3, requesting a decrease in the amount of the AAP benefit, the agency and the adoptive parents shall complete an amended AD 4320 to reflect the change in benefit amount.
    1. 1. The agency shall complete and send a Payment Instructions Adoption Assistance Program (AAP 2) form to the county within five working days of completing the reassessment process.

Note: Authority cited: Sections 10553 and 16118(a), Welfare and Institutions Code. Reference: Sections 16120, 16121 and 16121.05, Welfare and Institutions Code; 45 CFR 1356.40; and 42 USC 673.

History

1. New section filed 9-1-87; operative 10-1-87. Ed. Note: The printing of this regulation was delayed due to necessary reformatting (Register 88, No. 50). For history of former Chapter 3, see Register 88, No. 1.

2. Renumbering of article heading, amendment of section heading, repealer and new text and amendment of Note 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.

3. Certificate of Compliance as to 10-31-94 order including amendment of section transmitted to OAL 2-27-95 and filed 4-10-95 (Register 95, No. 15).

4. Amendment of article heading, section heading and section 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. Amendment of article heading, section heading and section 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 section, 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).