California Code of Regulations › Title 22 - Social Security › Division 2 - Department of Social Services-Department of Health Services › Part 2 - Health and Welfare Agency-Department of Health Services Regulations › Subdivision 4 - Institutions and Boarding Homes for Persons Aged 16 and Above › Chapter 3 - Adoptions Program Regulations [Renumbered] › Subchapter 7 - Adoption Assistance Program/Aid for the Adoption of Children (AAP/AAC) › Article 4 - Adoption Assistance Program Agreement › Section 35337 - Content of the Adoption Assistance Program Agreement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Adoption Assistance Program Agreement
						  form (AD 4320) shall contain the following:
(1) The child's adoptive name and the name(s)
						  of the adoptive parent(s).
(2) The
						  amount and duration of financial assistance.
(A) The agreement is effective until
						  terminated in accordance with its terms or a new amended agreement is
						  signed.
(B) The AD 4320 shall be
						  signed by the responsible public agency and the adopting parent(s) prior to the
						  granting of the final decree of adoption.
(C) In adoptive placements which involve more
						  than one agency, all agencies shall sign the initial AD 4320.
1. Subsequent amendments to the AD 4320 shall
						  be signed by the responsible public agency and adoptive
						  parent(s).
(3)
						  The AAP benefit will continue unless one of the following occurs:
(A) The child has attained the age of 18
						  unless the child has a mental or physical handicap which warrants continuation
						  of AAP benefits to the age of 21 years.
(B) The adoptive parents are no longer
						  legally responsible for the support of the child.
(C) The responsible public agency determines
						  the adoptive parents are no longer providing any type of support to the
						  child.
(4) It is the
						  adoptive parent's responsibility to inform the responsible public agency
						  immediately if any of the following occurs:
(A) Change in mailing address and/or state of
						  residence.
(B) The child is no
						  longer residing in the family home.
(C) The adoptive parents are no longer
						  providing any type of support to the child.
(D) The adoptive parents are no longer
						  legally responsible for the support of the child.
(5) If a needed service is not available in
						  the state of residence, the financially responsible county of origin remains
						  financially responsible for the needed services.
(A) The responsible public agency shall
						  assist the adoptive parents by providing information and referral services
						  offered in their state of residence.
(B) If the child is state-eligible and
						  eligible for state-funded Medi-Cal benefits, the adoptive parents shall be
						  informed that if they move or reside in another state, access to medical
						  services is contingent on whether their state of residence extends
						  COBRA-reciprocity for children receiving California state-funded Medi-Cal
						  benefits.
(6) If the
						  adoptive parents believe their child has a physical or mental disability that
						  warrants the continuance of assistance beyond the age of 18, prior to their
						  child's eighteenth birthday, the adoptive parents are to request the
						  responsible public agency assess and evaluate their child's needs for
						  continuation of benefits beyond the age of 18.
(7) If the child is a current consumer of
						  California Regional Center (CRC) services, the maximum available AAP benefit is
						  $3006. CRC consumers who have received an AAP benefit prior to July 2007, which
						  exceeds the maximum $3006 rate, may continue to receive the higher rate until
						  the child is no longer eligible for AAP benefits or the adoption is dissolved.
(A) If the child is under the age of three
						  and the CRC has determined the child to have a developmental disability as
						  defined by the Lanterman Act, the maximum AAP benefit is $2006.
(B) If the child is under the age of three
						  and receiving services under the California Early Intervention Services Act,
						  but not yet determined by the CRC to have a developmental disability as defined
						  by the Lanterman Act, the maximum AAP benefit is $898 or the foster family home
						  rate and applicable SCI rate, whichever is greater.
1. After the adoption is finalized, it is the
						  adoptive parents' responsibility to request the CRC to evaluate the child's
						  eligibility for CRC services and notify the responsible public agency if the
						  child is eligible and receiving CRC services.
(8) A child with an initial AAP agreement
						  signed on or after January 1, 2010, will no longer be eligible to receive an
						  AAP age-related increase.
(A) A child with an
						  initial AAP agreement signed prior to January 1, 2010 will still be eligible to
						  receive the AAP age-related increase upon request.
(B) A child with an initial Adoption
						  Assistance Agreement signed prior to October 1, 1992, shall be governed by
						  Welfare and Institutions Code Section
						  16121.05(b).
(9) That a failure to report the changes
						  specified in Sections
						  35337(a)(5)(B) through
						  (D) may result in an overpayment which would
						  be recovered by a direct charge or a reduction in current and future AAP
						  benefits.
(10) That continuation of
						  payment depends upon continued legal responsibility of the adoptive parents for
						  the support of the child and upon continued receipt by the child of that
						  support.
(11) That the AAP benefit
						  will be reduced if the AAP benefit amount exceeds the foster care maintenance
						  payment that would have been made if the child had remained in a foster family
						  home.
(12) The agreement shall
						  specify the rate for a child receiving wraparound services or placed in an
						  out-of-home placement which may not exceed the maximum eligible state-approved
						  facility rate and is limited to 18 months per episode or condition. It is the
						  adoptive parent's choice to request the AAP benefit be directed to the facility
						  or to them and they pay the facility directly with the AAP funds
						  received.
(13) That the child is
						  eligible for Medi-Cal services.
(14) That the child is eligible for services
						  provided pursuant to Title XX of the federal Social Security Act.
(A) Title XX services are public social
						  services as described under MPP Sections
						  30-000 and
						  31-000.
(15) The procedure for reassessment of the AD
						  4320.
(16) That the agreement
						  remains effective regardless of the state in which the adoptive parents
						  reside.
(17) Any additional
						  services and assistance which are to be provided as part of the
						  agreement.