1. (a) An overpayment of Adoption Assistance Program (AAP) benefits may exist in the following situations:

   1. (1) The adoptive parent receives aid after the child becomes ineligible for assistance because:

      1. (A) The child has attained 18 years of age, or, if the agency has determined that the child has a mental or physical condition which warrants the continuation of assistance, 21 years of age.
      2. (B) The adoptive parent is no longer supporting the child.
      3. (C) The adoptive parent is no longer legally responsible for the support of the child.
   2. (2) The adoptive parent has committed fraud in his or her application for, or reassessment of, the adoption assistance benefit.
   3. (3) The AAP payment exceeds the foster care payment which would have been paid on behalf of the child if the child had not been placed for adoption.

2. (b) The agency which authorized payment shall compute the overpayment amount as follows:

   1. (1) Compute the correct AAP payment based on correct information for each month.
   2. (2) Subtract the correct AAP payment from the amount of assistance actually provided.
3. (c) The agency which authorized payment shall inform the county responsible for payment of the reason for the overpayment and the computation of the overpayment amount.
4. (d) The county shall attempt to recover the overpayment as specified in MPP Section 45-806 and Section 45-808, which provides for recovery by grant adjustment, demand for repayment, or civil judgment.
5. (e) The county shall not demand overpayment collection when the overpayment was due to county error.

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; 42 USC 673.

History

1. New article 7 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 A Certificate of Compliance must be transmitted to OAL by 3-1-95 or emergency language will be repealed by operation of law on the following day.

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

3. Amendment of subsections (a)(1)-(a)(2) 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 A Certificate of Compliance must be transmitted to OAL by 3-30-2001 or emergency language will be repealed by operation of law on the following day.

4. Amendment of subsections (a)(1)-(a)(2) 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.

5. Certificate of Compliance as to 3-31-2001 order transmitted to OAL 7-27-2001 and filed 9-6-2001 (Register 2001, No. 36).

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