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 11 - Reimbursement for Nonrecurring Adoption Expenses › Section 35352.1 - Eligibility for Reimbursement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In order for a claim to be eligible for
						  reimbursement, the responsible public agency shall:
(1) Record in the case file that the adoption
						  took place in compliance with applicable state and local laws.
(2) Record in the case file that the child
						  for whose adoptive costs the parents are claiming reimbursement meets the three
						  part special needs determination and citizenship requirements.
(3) Include verification in the case file
						  that the expenses claimed were actual expenditures. "Verification" includes,
						  but is not limited to, copies of the following:
(A) Cancelled checks;
(B) Signed and dated
						  receipts.
(4) Record in
						  the case file that the expenses claimed meet the definition of "nonrecurring
						  adoption expenses" as defined in section
						  35000(n).
(5) Record in the case file that the adoptive
						  parents have not received reimbursement for the claimed expenses from other
						  sources. "Other sources" include, but are not limited to, the following:
(A) Reimbursement from employers;
(B) Income tax
						  deductions.
(6) Ensure
						  that all adoptive parents sign the Adoption Assistance Program Nonrecurring
						  Adoption Expenses Agreement (AAP 8) with the agency prior to finalization of
						  the adoption. The completed and signed AAP 8 shall be filed in the child's AAP
						  file. The content of all such agreements shall meet the requirements as
						  follows:
(A) The agreement must indicate the
						  nature and amount of the nonrecurring expenses to be paid.
(B) The agreement may be a separate document
						  or part of an agreement for either state or federal adoption assistance
						  payments or services.
(7)
						  Limit the maximum reimbursement for nonrecurring adoption expenses to $400.00
						  per placement.
(A) Reimbursement for the
						  adoptions costs incurred for the adoption of siblings shall be paid as follows:
1. Siblings placed for adoption either
						  separately or as a unit are treated as individual placements with separate
						  reimbursement for nonrecurring expenses up to the maximum amount allowable for
						  each child.
(8)
						  Record in the case file that reimbursement for nonrecurring adoption expenses
						  in interstate placements shall conform to the following:
(A) When the adoption of the child involves
						  interstate placement, the State that enters into an Adoption Assistance
						  Agreement under section
						  473(a)(1)(B)(ii)
						  of the Social Security Act or under a state subsidy program will be responsible
						  for paying the nonrecurring adoption expenses of the child. In cases where
						  there is interstate placement but no agreement for other Federal or State
						  adoption assistance, the State in which the Final Adoption Decree is issued
						  will be responsible for reimbursement of nonrecurring expenses if the child
						  meets the requirements of 473(c).