(d)

1. (1) The amount of an adoption assistance cash benefit, if any, shall be a negotiated amount based upon the needs of the child and the circumstances of the family. There shall be no means test used to determine an adoptive family’s eligibility for the Adoption Assistance Program, or the amount of adoption assistance payments. In those instances where an otherwise eligible child does not require a cash benefit, Medi-Cal eligibility may be established for the child, as needed.
2. (2) For purposes of paragraph (1), “circumstances of the family” includes the family’s ability to incorporate the child into the household in relation to the lifestyle, standard of living, and future plans and to the overall capacity to meet the immediate and future plans and needs, including education, of the child.

(f) The department, county adoption agency, or licensed adoption agency shall inform the prospective adoptive family that the adoptive parents will continue to receive benefits in the agreed upon amount unless one of the following occurs:

1. (1) The department or county adoption agency determines that the adoptive parents are no longer legally responsible for the support of the child.
2. (2) The department or county adoption agency determines that the child is no longer receiving support from the adoptive family.
3. (3) The adoption assistance payment exceeds the amount that the child would have been eligible for in a licensed foster home, or a resource family at the basic rate, inclusive of any level of care rate determination.
4. (4) The adoptive parents demonstrate a need for an increased payment.
5. (5) The adoptive parents voluntarily reduce or terminate payments.
6. (6) The adopted child has an extraordinary need that was not anticipated at the time the amount of the adoption assistance was originally negotiated.