Overview of CA Child Welfare Adoption Practice. Welcome!!!. Goals of training. Impart the philosophy that all children deserve family connection and permanence. Discuss that there are several paths to permanency – adoption in just one of the paths . Exploration of feelings.
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Title XXII Regulations
Staff MUST provide complete, accurate, and timely data in order to avoid federal penalties
These items have been problematic in the past:
The lowest level of care must used based on the needs of the child. Once a child is placed out of home, we must look toward placing a child in a placement that can offer a permanency plan should reunification not be successful .
ACTIVITY – Python Home Study
VIDEO: Multiple Transitions
Law 96-272-the Adoption Assistance and Child Welfare Act
of 1980) to encourage the adoption of special needs children
and remove the financial disincentives for families to adopt.
providing the security and stability of a permanent home
Title IV-E or a state funded subsidy per state guidelines.
and/or medical assistance to facilitate the adoption of
children who otherwise would remain in long-term foster
eligibility, negotiating initial and subsequent AAP benefits and the reassessment process.
welfare department is responsible for federal eligibility determination and the payment of AAP benefits.
(up to $400 per child)
state/country of residence
Sections 16115 through 16125
Subchapter 7: Adoption Assistance Program/AID
for the Adoption of Children (AAP/AAC)
Sections 35325 through 35352.2
Adoptive families must submit a completed
Request for Adoption Assistance Program Benefit (AAP 1) form
to the responsible pubic agency.
1. The child cannot or should not be returned to the home of his or her parents.
Evidenced by a petition for termination of parental rights, a court order terminating parental rights, signed relinquishment or a tribal customary adoption order.
2. There exists a specific factor or condition which makes it reasonable to conclude that the child cannot be adopted without providing AAP.
Examples: Membership in a sibling group, ethnicity, color, language, age of three years or older or adverse parental background of a medical or behavioral nature. The child has a mental, physical, emotional, developmental or medical disability.
3. A reasonable effort was made to place the child for adoption with appropriate parents without providing AAP unless it is against the best interest of the child.
Exceptions: a) existence of significant emotional ties with prospective adoptive parent while in the care of these persons as a foster child; b) adoption by relative
An “applicable child” is a child who:
2. The child has met all medical or disability eligibility
requirements for federal Supplemental Security Income (SSI) benefits.
3. The child was residing in a foster family home or child care
institution with the child’s minor parent.
4. The child received AAP with respect to a prior adoption that
b. 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. The following must be obtained within six months of the time the child lived with a specified relative:
1. A petition to the court to remove the child from the home of the specified relative.
2. Judicial determination that remaining in the home would be contrary to the child’s welfare.
c. The child was voluntarily placed with a public agency and received one Title IV-E FC payment.
2. Prior to the adoption finalization, the child meets the eligibility requirements for Supplemental Security Income (SSI) benefits as determined and documented by the federal Social Security Administration (SSA).
3. At least one Title IV-E FC payment was made on behalf of the child’s minor parent.
4. The child received AAP benefits with respect to a prior adoption that dissolved due to the termination of the adoptive parent’s parental rights or death.
5. The child is an Indian child and the subject of a tribal customary adoption order.
The child is the subject of an agency adoption and at the time of
adoptive placement, the child met one of the following
a. Under the supervision of a county welfare department as the subject of a legal guardianship or juvenile court
b. Relinquished to a licensed California private or public
adoption agency, or another public agency operating a Title IV-E program on behalf of the state, and would have otherwise been at risk of dependency as certified by the responsible public child welfare agency
c. Committed to the care of the department or county adoption agency pursuant Family Code Sections 8805 or 8918.
3. Rate Classification Level (RCL)
1. Completing a high school or an equivalency program or
2. Enrolled in a post-secondary or vocational school or
3. Participating in a program or activity that promotes or removes barriers to employment or
4. Is employed at least 80 hours per month
If the court makes an order of adoption at a 366.3 hearing, the court will set a hearing within 60 days.
A Court report must be submitted a minimum of ten (10) calendar days prior to the hearing. The Court Report must have the following completed documents attached: