reglab/statecodes huggingface dataset:
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 6 - Procedures for Intercountry Adoptions › Article 7 - Supervision of Adoptive Placement › Section 35307 - Home Interview During Supervisory Period

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) During the supervisory period the agency
						  shall conduct at least one interview in the home of the prospective adoptive
						  parent with the prospective adoptive parent and the child to be
						  adopted.
1. New
							 section filed 9-1-87; operative 10-1-87. Ed. Note: The printing of this
							 regulation was delayed due to necessary reformatting (Register 88, No. 50). For
							 history of former chapter 3, see Register 88, No. 1.
2. Change
							 without regulatory effect amending NOTE filed 8-2-91 pursuant to section
							 100, title 1, California Code of
							 Regulations (Register 91, No. 52).
3. Change without regulatory
							 effect adding new subsection (a) designator and amending NOTE filed 3-27-95
							 pursuant to section
							 100, title 1, California Code of
							 Regulations (Register 95, No. 13).
Note: Authority cited: Sections
								10553
								and
								10554,
								Welfare and Institutions Code; Section
								1530,
								Health and Safety Code; and Sections
								8621 and
								8901, Family
								Code. Reference: Section
								8900, Family
								Code.
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 6 - Procedures for Intercountry Adoptions › Article 7 - Supervision of Adoptive Placement › Section 35309 - Additional Interviews During Supervisory Period

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The agency shall conduct at least three
						  additional interviews with the prospective adoptive parent unless the duration
						  of the supervisory period has been reduced to less than six months as provided
						  for in Section
						  35303.
1. New
							 section filed 9-1-87; operative 10-1-87. Ed. Note: The printing of this
							 regulation was delayed due to necessary reformatting (Register 88, No. 50). For
							 history of former chapter 3, see Register 88, No. 1.
2. Change
							 without regulatory effect amending NOTE filed 8-2-91 pursuant to section
							 100, title 1, California Code of
							 Regulations (Register 91, No. 52).
3. Change without regulatory
							 effect adding new subsection (a) designator and amending NOTE filed 3-27-95
							 pursuant to section
							 100, title 1, California Code of
							 Regulations (Register 95, No. 13).
Note: Authority cited: Sections
								10553
								and
								10554,
								Welfare and Institutions Code; Section
								1530,
								Health and Safety Code; and Sections
								8621 and
								8901, Family
								Code. Reference: Section
								8900, Family
								Code.
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 6 - Procedures for Intercountry Adoptions › Article 7 - Supervision of Adoptive Placement › Section 35311 - Written Evaluation of the Adoptive Placement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The agency shall make a written
						  evaluation of the adoptive placement.
(1) The
						  evaluation shall include:
(A) The child's
						  physical growth and development, including identification of any
						  abnormalities
(B) The child's
						  general health and physical appearance, including identification of any problem
						  areas
(C) The child's initial and
						  continuing adjustment in the home including:
1. The child's attitude about
						  adoption
2. The child's attitude
						  about this adoptive placement
3.
						  The child's relationship with other family members
4. The child's school adjustment
5. The child's social
						  interaction
(D) The
						  relationship of the prospective adoptive parent and all other family members
						  with the child
(E) The use made of
						  extended family relationships by the prospective adoptive parent
(F) The method, consistency and success of
						  discipline used by the prospective adoptive
						  parent.
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 6 - Procedures for Intercountry Adoptions › Article 8 - Intercountry Adoption Court Report › Section 35313 - Submission of Court Report

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The agency shall make a report to the
						  court in all cases where the child has been placed for adoption by the agency
						  and the prospective adoptive parent has filed a petition for adoption. The
						  court report shall be submitted:
(1) Within
						  180 days after the petition for adoption has been filed, or
(2) Within the time period extended by the
						  court.
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 6 - Procedures for Intercountry Adoptions › Article 8 - Intercountry Adoption Court Report › Section 35315 - Content of the Court Report

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The report shall include:
(1) A full report of the Background
						  Information on the Birth Parents as required by Subchapter 6, Article 5,
						  Section 35289 et seq.
(2) A full report of the information obtained
						  in the Assessment of the Child as required by Subchapter 6, Article 4, Section
						  35275 et seq.
(3) A full report of the information obtained
						  in the Assessment of the Applicant as required in Article 3, Sections
						  35269 and
						  35271.
(A) The court report shall include the
						  assessment of the effect of the criminal record on the applicant's ability to
						  provide adequate and proper care and guidance to the child.
1. The agency shall utilize the most
						  up-to-date criminal record information in its preparation of the court
						  report.
2. A licensed private
						  adoption agency which has placed a child with an applicant requiring an FBI
						  criminal record assessment by CDSS shall provide written notice to the CDSS at
						  least 20 working days prior to the anticipated adoption petition hearing date
						  that the agency is preparing to finalize an adoption, and request that the CDSS
						  assessment of the FBI criminal record, if any, be submitted to the court prior
						  to the hearing date.
3. If the CDSS
						  is not able to complete the court report by the time indicated in the private
						  agency notice, the CDSS shall advise the agency prior to the anticipated
						  hearing date so that the hearing date may be
						  postponed.
(4)
						  A copy of the documentation that the child is legally free for
						  adoption.
(5) The agency's
						  recommendation that the petition be granted or denied.
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 6 - Procedures for Intercountry Adoptions › Article 8 - Intercountry Adoption Court Report › Section 35317 - Information to be Excluded from Court Report

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The agency shall not include the names
						  and addresses of the birth parents in the court report.
1. New
							 section filed 9-1-87; operative 10-1-87. Ed. Note: The printing of this
							 regulation was delayed due to necessary reformatting (Register 88, No. 50). For
							 history of former chapter 3, see Register 88, No. 1.
2. Change
							 without regulatory effect amending NOTE filed 8-2-91 pursuant to section
							 100, title 1, California Code of
							 Regulations (Register 91, No. 52).
3. Change without regulatory
							 effect adding new subsection (a) designator and amending NOTE filed 3-27-95
							 pursuant to section
							 100, title 1, California Code of
							 Regulations (Register 95, No. 13).
Note: Authority cited: Sections
								10553
								and
								10554,
								Welfare and Institutions Code; Section
								1530,
								Health and Safety Code; and Sections
								8608,
								8621 and
								8901, Family
								Code. Reference: Sections
								8608,
								8900,
								8909,
								8914 and
								8915, Family
								Code.
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 6 - Procedures for Intercountry Adoptions › Article 8 - Intercountry Adoption Court Report › Section 35319 - Immediate Filing of the Court Report

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) After the prospective adoptive parents
						  have filed the petition to adopt the child, the agency shall immediately file
						  the court report when any of the following conditions exist:
(1) There is a serious question concerning
						  the suitability of the petitioners.
(2) There is a serious question concerning
						  the care provided the child.
(A) If the agency
						  knows or reasonably suspects the petitioners have endangered the physical or
						  mental health of a child by abuse or neglect, the agency shall immediately
						  contact the appropriate child protective agency and file the mandatory
						  "Suspected Child Abuse Report" (Form SS
						  8572 Revised 1/93) pursuant to
						  Penal Code Section
						  11166(a).
(3) The petitioners indicate a desire to
						  withdraw the adoption petition or move to withdraw the adoption
						  petition.
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 6 - Procedures for Intercountry Adoptions › Article 8 - Intercountry Adoption Court Report › Section 35321 - Content of Family Code Section 8918. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
							 Repealer filed 7-30-98 as an emergency; operative 8-1-98 (Register 98, No. 31).
							 A Certificate of Compliance must be transmitted to OAL by 11-30-98 or emergency
							 language will be repealed by operation of law on the following
							 day.
2. Repealer refiled 11-24-98 as an emergency; operative
							 11-29-98 (Register 98, No. 48). A Certificate of Compliance must be transmitted
							 to OAL by 3-29-99 or emergency language will be repealed by operation of law on
							 the following day.
3. Certificate of Compliance as to 11-24-98 order
							 transmitted to OAL 3-25-99 and filed 5-3-99 (Register 99, No.
							 19).
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 6 - Procedures for Intercountry Adoptions › Article 8 - Intercountry Adoption Court Report › Section 35323 - Availability of Court Report. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 9-1-87; operative 10-1-87. Ed. Note: The printing of this
							 regulation was delayed due to necessary reformatting (Register 88, No. 50). For
							 history of former chapter 3, see Register 88, No. 1.
2. Change
							 without regulatory effect amending NOTE filed 8-2-91 pursuant to section
							 100, title 1, California Code of
							 Regulations (Register 91, No. 52).
3. Change without regulatory
							 effect adding new subsection (a) designator and amending NOTE filed 3-27-95
							 pursuant to section
							 100, title 1, California Code of
							 Regulations (Register 95, No. 13).
4. Repealer filed 7-30-98 as an
							 emergency; operative 8-1-98 (Register 98, No. 31). A Certificate of Compliance
							 must be transmitted to OAL by 11-30-98 or emergency language will be repealed
							 by operation of law on the following day.
5. Repealer refiled
							 11-24-98 as an emergency; operative 11-29-98 (Register 98, No. 48). A
							 Certificate of Compliance must be transmitted to OAL by 3-29-99 or emergency
							 language will be repealed by operation of law on the following
							 day.
6. Certificate of Compliance as to 11-24-98 order transmitted
							 to OAL 3-25-99 and filed 5-3-99 (Register 99, No.
							 19).
Note: Authority cited: Sections
								10553
								and
								10554,
								Welfare and Institutions Code; Section
								1530,
								Health and Safety Code; and Sections
								8621 and
								8901, Family
								Code. Reference: Sections
								8900,
								8914 and
								8915, Family
								Code.
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 1 - AAP Case Initiation › Section 35325 - Request for Adoption Assistance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Adoption Assistance Program (AAP)
						  removes or reduces barriers to the adoption of children who otherwise would
						  remain in long-term foster care. The program provides necessary financial
						  assistance to families who are willing and able to assume parental
						  responsibility for children but are prevented from doing so by inadequate
						  financial resources.
(b) The agency
						  shall provide any person who wants to apply for adoption assistance benefits
						  with a Request for Adoption Assistance form (AAP 1).
(1) If the agency placing a child for
						  adoption believes the child to be an AAP-eligible child, the agency shall offer
						  the family an AAP 1.
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 2 - AAP Eligibility Requirements › Section 35326 - AAP Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
To be eligible for Adoption Assistance Program (AAP)
							 benefits, the child must be under the age of 18 and meet the three part special
							 needs determination, citizenship requirements, and Title IV-E (federal) funding
							 requirements or state funding requirements specified in Welfare and
							 Institutions Code Section
							 16120.
(a) The three-part special needs
						  determination requires ALL of the following three conditions be met:
(1) Evidence in the file that the child
						  cannot or should not be returned to the home of his or her parents.
(A) Sufficient evidence includes a petition
						  to terminate parental rights, a court order terminating parental rights, a
						  signed relinquishment or a tribal customary adoption order.
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 2 - AAP Eligibility Requirements › Section 35327 - Search for Parents Not Requiring Adoption Assistance. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 9-1-87; operative 10-1-87. Ed. Note: The printing of this
							 regulation was delayed due to necessary reformatting (Register 88, No. 50). For
							 history of former Chapter 3, see Register 88, No. 1.
2. Repealer
							 filed 11-10-2011; operative 12-10-2011 (Register 2011, No.
							 45).
Note: Authority cited: Sections
								10553
								and
								16118(a),
								Welfare and Institutions Code. Reference: Sections
								16118
								and
								16120,
								Welfare and Institutions Code; and
								42 USC
								671 and
								673.
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 2 - AAP Eligibility Requirements › Section 35329 - Effect of Adoptive Parent's Legal Residence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The adoptive parent's legal residence
						  shall not affect the child's eligibility specified by Welfare and Institutions
						  Code Section
						  16121.1.
1. New
							 section filed 9-1-87; operative 10-1-87. Ed. Note: The printing of this
							 regulation was delayed due to necessary reformatting (Register 88, No. 50). For
							 history of former Chapter 3, see Register 88, No. 1.
2. Change
							 without regulatory effect amending NOTE filed 3-27-95 pursuant to section
							 100, title 1, California Code of
							 Regulations (Register 95, No. 13).
3. Amendment of subsection (a)
							 and NOTE filed 11-10-2011; operative 12-10-2011 (Register 2011, No.
							 45).
Note: Authority cited: Sections
								10553
								and
								16118(a),
								Welfare and Institutions Code; and Section
								8621, Family
								Code. Reference: Sections
								16118,
								16120
								and
								16121.1,
								Welfare and Institutions Code;
								42 U.S.C.
								671 and
								673; and
								45 CFR
								1356.40(d) and
								(e).
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 2 - AAP Eligibility Requirements › Section 35331 - Documentation of Child's Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The determination of the child's
						  eligibility for adoption assistance shall be documented in the case record on
						  the Eligibility Certification - Adoption Assistance Program form (AAP 4) and
						  the Federal Eligibility Certification for Adoption Assistance Program (FC 8).
(1) The agency shall submit the Federal
						  Eligibility Certification for Adoption Assistance Program form (FC 8) to the
						  county responsible for payment.
A. The
						  child's birth name shall be used on the FC 8.
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 2 - AAP Eligibility Requirements › Section 35332 - Notification Requirements for Agencies. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 1-8-90 as an emergency; operative 1-8-90 (Register 90, No. 9). A
							 Certificate of Compliance must be transmitted to OAL within 120 days, by
							 5-8-90, or emergency language will be repealed on 5-9-90.
2.
							 Certificate of Compliance as to 1-8-90 order transmitted to OAL 5-4-90 and
							 filed 6-4-90 (Register 90, No. 30).
3. Renumbering of former section
							 35332 to new section
							 35352 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.
Note: Authority cited: Sections
								10553,
								10554
								and
								16118(a),
								Welfare and Institutions Code. Reference: Sections
								16119
								and
								16120,
								Welfare and Institutions Code; and
								45 CFR
								1356.41(e).
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 2 - AAP Eligibility Requirements › Section 35332.1 - Eligibility for Reimbursement. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 1-8-90 as an emergency; operative 1-8-90 (Register 90, No. 9). A
							 Certificate of Compliance must be transmitted to OAL within 120 days, by
							 5-8-90, or emergency language will be repealed on 5-9-90.
2.
							 Certificate of Compliance as to 1-8-90 order transmitted to OAL 5-4-90 and
							 filed 6-4-90 (Register 90, No. 30).
3. Renumbering of former section
							 35332.1 to new section
							 35352.1 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.
Note: Authority cited: Sections
								10553,
								10554
								and
								16118(a),
								Welfare and Institutions Code. Reference: Section
								16120.1,
								Welfare and Institutions Code; and
								45 CFR
								1356.41.
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 2 - AAP Eligibility Requirements › Section 35332.2 - Authorization for Reimbursement. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 1-8-90 as an emergency; operative 1-8-90 (Register 90, No. 9). A
							 Certificate of Compliance must be transmitted to OAL within 120 days, by
							 5-8-90, or emergency language will be repealed on 5-9-90.
2.
							 Certificate of Compliance as to 1-8-90 order transmitted to OAL 5-4-90 and
							 filed 6-4-90 (Register 90, No. 30).
3. Renumbering of former section
							 35332.2 to new section
							 35352.2 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.
Note: Authority cited: Sections
								10553,
								10554
								and
								16120(a),
								Welfare and Institutions Code. Reference: Section
								16120.1,
								Welfare and Institutions Code; and
								45 CFR
								1356.41(g).
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 2 - AAP Eligibility Requirements › Section 35332.3 - Agency Requirements for Reimbursements. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 1-8-90 as an emergency; operative 1-8-90 (Register 90, No. 9). A
							 Certificate of Compliance must be transmitted to OAL within 120 days, by
							 5-8-90, or emergency language will be repealed on 5-9-90.
2.
							 Certificate of Compliance as to 1-8-90 order transmitted to OAL 5-4-90 and
							 filed 6-4-90 (Register 90, No. 30).
3. Renumbering of former section
							 35332.3 to new section
							 35352.3 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.
Note: Authority cited: Sections
								10553
								and
								16118(a),
								Welfare and Institutions Code. Reference: Section
								16120.1,
								Welfare and Institutions Code.
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 3 - AAP Payments › Section 35333 - Determination of Amount and Duration of AAP Benefit for All Children

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Adoption Assistance Program (AAP) provides
							 benefits to facilitate the adoption of children who otherwise would not likely
							 be adopted. The AAP benefit is a negotiated amount based upon the needs of the
							 child and the circumstances of the adoptive family. The responsible public
							 agency and the prospective adoptive parent(s) shall negotiate and agree on the
							 amount of the AAP benefit according to the requirements of this section.
(a) The responsible public agency shall make
						  a good faith effort to negotiate the AAP benefit with the adoptive parents.
(1) The agency shall encourage the adoptive
						  parents to request the AAP benefit they require in order to meet the child's
						  needs taking into account their family circumstances.
(2) The agency shall base the negotiated AAP
						  benefit on the needs of the child and the circumstances of the family
						  determined through discussion with the adoptive parents.
(A) The agency shall advise the adoptive
						  parents that the amount of the AAP benefit determined for the child is limited
						  to the age-related, state-approved foster family home rate and any applicable
						  state-approved specialized care increment for which the child is
						  eligible.
(3) There shall
						  be no use of a means test of the child or the adoptive parent when determining
						  the AAP benefit amount.
(4) The
						  amount of the negotiated AAP benefit shall be between zero and the maximum AAP
						  benefit for which the child is eligible.
(5) The agency shall advise the adoptive
						  parents that the AAP benefit does not include payment for any specific good or
						  service, but is intended to assist the adoptive parents in meeting the child's
						  needs.
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 3 - AAP Payments › Section 35334 - AAP Benefits for a Child in Temporary Out-of-Home Placement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The responsible public agency shall
						  confirm the amount and duration of the AAP benefit when the child is placed,
						  either on a voluntary basis or as a dependent or ward of the court, in
						  out-of-home care to treat a condition that the agency has determined to have
						  existed before the adoptive placement.
(1) The
						  agency shall conclude that the child would have been placed in the same
						  out-of-home care facility if the child had not been placed for adoption if,
						  after consultation with the adoptive parents, the agency has determined that:
(A) Out-of-home placement is necessary to
						  meet the child's needs,
(B) The
						  specific placement is able to meet the child's needs appropriately,
						  and
(C) The facility's rate
						  classification level is appropriate to the child's needs.
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 3 - AAP Payments › Section 35335 - Content of the Adoption Assistance Agreement. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 9-1-87; operative 10-1-87. Ed. Note: The printing of this
							 regulation was delayed due to necessary reformatting (Register 88, No. 50). For
							 history of former chapter 3, see Register 88, No. 1.
2. Amendment of
							 subsection (a)(2) filed 12-1-88 (Register 89, No. 1).
3. Editorial
							 correction of HISTORY (Register 89, No. 9).
4. Repealer of article 3
							 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.
5. Certificate of Compliance as to 10-31-94 order transmitted
							 to OAL 2-27-95 and filed 4-10-95 (Register 95, No. 15).
6. Editorial
							 correction inserting HISTORY 5 (Register 95, No.
							 25).
Note: Authority cited: Sections
								10553,
								10554 and
								16118, Welfare Institutions Code.
								Reference: Section
								16118, Welfare Institutions
								Code.
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 35339 - Deferred Payment of AAP

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  When a child otherwise eligible for AAP does not require current benefits but
						  which could require future benefits, the Adoption Assistance Program Agreement
						  form (AD 4320) shall indicate that the family may request benefits at an
						  unspecified future date.
(1) The requirements
						  set forth in Section
						  35333 shall be used to determine
						  payment amount and duration if the family requests AAP benefits.
(2) An AD 4320 shall be used to record the
						  revised agreement.
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 5 - AAP Payment Authorization › Section 35341 - Procedures for Initiation of Payment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The responsible public agency shall
						  provide the county responsible for payment with information necessary to allow
						  the county to issue AAP payments and authorize the issuance of Medi-Cal cards.
(1) AAP payments shall not begin before the
						  Adoptive Placement Agreement (AD 907) and the Adoption Assistance Program
						  Agreement (AD 4320) are signed.
(2)
						  When the beginning date of payment is known, the agency shall complete and send
						  the following forms to the county:
(A)
						  Payment Instructions for Adoption Assistance Program (AAP 2),
(B) Eligibility Certification - Adoption
						  Assistance Program (AAP 4)
(C)
						  Income and Property Checklist for Federal Eligibility Determination - Adoption
						  Assistance Program (FC 10).
1. The FC 10 form
						  is to be used only for the purposes of determining AFDC eligibility in the home
						  of removal.
(3)
						  The child's adoptive name shall be used on the AAP 2, AAP 4, and FC 10 and all
						  related correspondence with the county.
(A)
						  The AAP 2 requires the creation of a new county payment case
						  record.
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 6 - AAP Reassessment › Section 35343 - Procedures for Reassessment of the Child's Needs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A reassessment shall be completed by the
						  responsible public agency which authorized the initial payment unless one of
						  the following is met:
(1) The child has
						  attained the age of 18 or 21;
(2)
						  The adoptive parents are no longer legally responsible for the support of the
						  child.
(3) The responsible public
						  agency determines the adoptive parents are no longer providing support to the
						  child.
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 7 - AAP Overpayments › Section 35344 - Procedures for Identification and Recovery of Overpayments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An overpayment of Adoption Assistance
						  Program (AAP) benefits may exist in the following situations:
(1) The adoptive parent receives aid after
						  the child becomes ineligible for assistance because:
(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.
(B) The adoptive parent is no
						  longer supporting the child.
(C)
						  The adoptive parent is no longer legally responsible for the support of the
						  child.
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 8 - Notice of Action › Section 35345 - When Notice of Action is Required

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The agency responsible for authorizing
						  payment shall notify the county responsible for payment by using the Payment
						  Instructions Adoption Assistance Program form (AAP 2) regarding any of the
						  following events which require that the county send the adoptive parent a
						  Notice of Action (NOA):
(1) Denial of request
						  for adoption assistance benefits.
(2) Completion of a deferred payment
						  agreement (Section II of the AD 4320).
(3) Authorization of the initial
						  grant.
(4) Completion of the
						  reassessment process.
(5) Payment
						  termination.
(6) An overpayment
						  requiring collection.
(7) Any
						  change in grant amount.
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 9 - Continuation of Aid for the Adoption of Children (AAC) › Section 35347 - Statutory Provisions for AAC. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
							 section filed 9-1-87; operative 10-1-87. Ed. Note: The printing of this
							 regulation was delayed due to necessary reformatting (Register 88, No. 50). For
							 history of former Chapter 3, see Register 88, No. 1.
2. Renumbering
							 of article heading and amendment of subsection (a) and NOTE 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.
3. Certificate of
							 Compliance as to 10-31-94 order transmitted to OAL 2-27-95 and filed 4-10-95
							 (Register 95, No. 15).
4. Repealer filed 11-10-2011; operative
							 12-10-2011 (Register 2011, No. 45).
Note: Authority cited: Sections
								10553,
								10554
								and
								16118,
								Welfare and Institutions Code. Reference: Section
								16121.05(d),
								Welfare and Institutions Code.
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 9 - Continuation of Aid for the Adoption of Children (AAC) › Section 35349 - Chronic Health Condition and Continuation of the AAC Grant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For purposes of this section, a chronic
						  health condition shall include one or more of the following conditions present
						  at placement and of such nature as to make adoptive homes unavailable to the
						  child without financial assistance:
(1)
						  Physical or mental disability present at birth or resulting from disease or
						  injury.
(2) Emotional
						  disturbance.
(3) History of either
						  injury prior to adoptive placement, physical disease, or emotional disturbance
						  which may manifest itself in some form of physical, mental, or emotional
						  disability after completion of the adoption.
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 10 - Documentation of AAP Eligibility › Section 35351 - Maintenance of Separate Records

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To maintain confidentiality of the
						  adoption case record, the responsible public agency shall maintain copies of
						  the following documents separate from the adoption case record:
(1) The Request for Adoption Assistance (AAP
						  1).
(2) The Eligibility
						  Certification - Adoption Assistance Program (AAP 4), which verifies that the
						  child meets the Adoption Assistance Program eligibility criteria specified in
						  Section 35326.
(3) The following documents relating to the
						  determination of Federal eligibility:
(A)
						  Federal Eligibility Certification for Adoption Assistance Program (FC
						  8).
(B) Income and Property
						  Checklist for Federal Eligibility Determination - Adoption Assistance Program
						  (FC 10).
(4)
						  Documentation supporting the determination of the amount and duration of
						  payment made pursuant to Section
						  35333.
(5) The initial Adoption Assistance Program
						  Agreement (AD 4320).
(6) Completed
						  reassessment documents, including:
(A)
						  Reassessment Information - Adoption Assistance Program (AAP 3).
(B) The Adoption Assistance Program Agreement
						  (AD 4320) used as an amendment to the initial agreement.
(7) Payment Instructions - Adoption
						  Assistance Program (AAP 2).
(8) All
						  correspondence from the county, including notices of action.
(9) State hearing decisions.
(10) All AAP related correspondence from the
						  adoptive parent, including supporting documentation submitted to the agency by
						  the parent.
(11) Any other
						  correspondence relating to the determination of AAP eligibility or grant
						  amount.
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 - Notification Requirements for Agencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The agency shall inform all applicants
						  that:
(1) Reimbursement for nonrecurring
						  adoption expenses is available to adoptive parents who adopt a child who meets
						  the three part special needs determination and citizenship requirements set
						  forth in Section
						  35326.
(2) Agreements entered into pursuant to this
						  section shall meet the provisions of Section
						  35352.1(a)(7).
(3) Agreements must be signed at the time of
						  or prior to the final decree of adoption.
(4) Claims for reimbursement must be filed
						  with the agency responsible for payment of AAP benefits within two years of the
						  date of the final decree of adoption.
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 35352.2 - Authorization for Reimbursement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pursuant to a determination that a claim
						  for reimbursement for nonrecurring adoption expenses meets the three part
						  special needs determination and citizenship requirements, the responsible
						  public agency shall authorize the appropriate county to reimburse the adoptive
						  parents.
(1) The county responsible for
						  reimbursement shall be the county that would otherwise provide the child's AAP
						  payment.
(A) This reimbursement shall be
						  separate from the child's AAP payment as stated in Welfare and Institutions
						  Code Section
						  16120.1(d)
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 35352.3 - Agency Requirements for Reimbursements. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
							 Renumbering and amendment of former section
							 35332.3 to new section
							 35352.3 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 (b) transmitted to OAL
							 2-27-95 and filed 4-10-95 (Register 95, No. 15).
3. Repealer filed
							 11-10-2011; operative 12-10-2011 (Register 2011, No.
							 45).
Note: Authority cited: Sections
								10553
								and
								16118(a),
								Welfare and Institutions Code. Reference: Section
								16120.1,
								Welfare and Institutions Code.