Adoption Assistance Program (AAP)

E080-0530

ADOPTION ASSISTANCE PROGRAM (AAP)

DATE OF ISSUE: 01/06/06

APPLICABLE TO: All Eligibility Workers (EW) responsible for determining the financial participation for the cost of foster care placements. Their Eligibility Supervisor (ES) and Human Services Administrator (HSA I)

LEGAL BASIS: State Regulation, Title 22, Sections 35325 - 35343 ACYF-CB-PIQ-89-04 Welfare and Institutions Code Section 16119-16121 42 United States Code Sections 673, 675 Family Code Section 8506 ACL 02-02, Changes in Adoption Assistance Program Regulations

RELATED POLICY RELEASE(S): None

NON-CWS/CMS FORM(S): AAP 1, Request for Adoption Assistance DCFS 280, TA Action Request DCFS 489-2, Termination of Placement Agreement DCFS 2384, Two-Way Lettergram AAP1R, Recertification DCFS 341, SSI/SSA Notification Lettergram DHS 6155, Health Insurance Questionnaire DCFS 1758, Notice of Action Affecting Child Support MC 250A, Application and Statement of Facts for Child not Living with a Parent NA 791, Notice of Action (AAP - Approval/Denial/Change)

CWS/CMS FORM(S): AAP 2, Payment Instructions AAP 4, Eligibility Certification AD 4320, Adoption Assistance Agreement Case Information Notebook Case Notes Client Notebook Court Notebook Adoption Notebooks FC2 Notebook Medi-Cal Notebook SAWS1 Notebook

SUPERCEDES & CANCELS: Procedural Guide E030-0300, Adoption Assistance Program (AAP)

The Eligibility Worker is responsible for making the final determination that the foster care child meets the AAP requirements of age and financial participation. The CSW

ELIGIBILITY E080-0530 (Rev 01/06) PAGE 1 OF 11 documents or establishes that the conditions are met for the child to be eligible. A child shall be eligible for AAP benefits if all of the following conditions are met:

1. The child has at least one characteristic (race, age, background, medical disability) that is a barrier to his/her adoption; and 2. The need for adoption subsidy is evidenced by an unsuccessful search for an adoptive home to take a child without financial assistance as documented in the case file of the prospective adoptive child; and 3. The child is the subject of a agency adoption as defined in Section 8506 of the Family Code and was under the supervision/jurisdiction of a county welfare department, or relinquished for adoption, or committed to the county welfare department; and 4. The child is under 18 years of age, or under 21 years of age and has a mental or physical condition which warrants the continuation of assistance; and 5. The adoptive family is responsible for the child pursuant to the terms of an adoptive placement agreement or a final decree of adoption and has signed an adoption assistance agreement; and 6. The adoptive family is legally responsible for the support of the child; and 7. The department or the county is responsible for determining the child’s AAP eligibility status.

A biological parent whose parental rights have been terminated and who later adopts his or her biological child cannot receive title IV-E adoption assistance. The purpose of the title IV-E assistance program is to provide assistance to adoptive families who adopt special needs children in need of alternative permanent homes. A child cannot be considered a child with special needs unless, among other things, "the State has determined that the child cannot or should not be returned to the home of his parents" (section 473 (c) (1) of the Act). While the termination of parental rights (TPR) would verify that this determination had previously been made, the placement of the child back into the biological home would nullify such a determination. While the State may continue to recognize that the legal ties have been severed, the biological ties remain.

In this situation, the child would be returned to the home of the biological parent. Thus, a determining factor for title IV-E eligibility in section 473 (c)(1) of the Act would not be present. The adoption by the biological parent in these circumstance, would be undertaken as a means of restoring the legal relationship between the parent and child, rather than for purposes of providing the child with new parents or a substitute for the original home.

A. WHEN: AN INITIAL AAP DETERMINATION REQUEST IS RECEIVED

ELIGIBILITY E080-0530 (Rev 01/06) PAGE 2 OF 11 WHO HOW

AAP ES 1. Receive the DCFS 280 requesting the initiation of AAP. The request shall be annotated with the birth mother’s state ID number and the child’s state ID number.

NOTE: The CSW has negotiated the amount of AAP with the adoptive family and obtained the documentation related to the agreed upon rate and approval signatures. The hard copy AD 4320 and AAP1 are retained in the service case. These reports are also retrievable on CWS/CMS.

NOTE: The child has been freed or relinquished. A new state ID number has been assigned to the child. The child’s name becomes the case name.

2. Determine the workload management. Assign the initiation of AAP to an AAP EW.

3. Deliver the DCFS 280 to the assigned AAP EW.

AAP EW 1. Receive the DCFS 280 requesting the initiation of AAP. Within 5 days of the receipt of the request, complete the process to initiate AAP.

2. Access the CWS/CMS application. Retrieve the child’s case. Update the secondary assignment. Data enter in the description text box 'Stop foster care, initiation of AAP.'

a) Obtain the financial participation from the aid code history box. Obtain the initial and last re-determination effective date on the AFDC-FC page. Record the eligibility for AFDC was terminated on the effective date of the AD 4320. Record the termination reason as 'Child no longer eligible to foster care.'

b) Record the foster care payment(s) end date (AD 4320 agreement effective date) on the Ongoing Requests page. Record the placement change reason and notice date on the Placement Change page. Record the placement end date on the ID page. Refer to the CWS/CMS budget actions procedure guide.

AAP EW 1) Complete the AAP 4 with the information from the DCFS 23 A. Record the appropriate information on the AAP

3. Deliver the DCFS 280 to the assigned AAP EW. Eligibility page.

2) Complete the DCFS 1758. Annotate the Termination of Foster Care and Parental Rights termination section. Send the DCFS 1758 to the District Attorney.

3) Access the CWS/CMS and APPS computer systems the following day to ensure that the foster care payment was stopped. Take immediate corrective action if the stop payment did not function.

4) Complete the DCFS 489-2, Termination of Placement Agreement once the adoptive placement papers are signed or legal guardianship is granted. Send a copy of the DCFS 489-2 to all adoptive parents and Foster Family Agencies (FFA) as appropriate.

c) Review the Child’s Case Client Notebook. Record the Aid Code on the ID NUM page. The Aid Code is based on the foster care eligibility of the birth mother’s case. Record the initial and last re-determination effective date on the AFDC-FC page. Record the termination effective date in the Eligibility for AFDC date box. Record the termination reason as 'Child no longer eligible to foster care.'

d) Review all cases that indicate a state financial participation.

3. Deliver the DCFS 280 to the assigned AAP EW. Review the service record or CWS/CMS Notebooks (i.e., petition date and the person from whom the child was removed). Obtain information that may lead to federal participation.

e) Review the child's AAP Agreements page in the Adoptive Placement Notebook. Ensure that the following data fields are recorded. Proceed with the AAP process if the data fields are recorded. Obtain the AD 4320 from the AAP packet that was sent by the CSW. Obtain any missing element(s). Record the data on the AAP Agreements page.

AAP EW 1) Agreement type - initial

2) Date signed - CSW/Adoptive parent signature date on the AD 4320

3) Start date - CSW/Adoptive parent signature date on the AD 4320 or current date to avoid overpayment.

4) End date - the next due AAP re-certification date

3. Deliver the DCFS 280 to the assigned AAP EW. 5) Monthly AAP benefits - foster care payment

6) AFDC-FC payment if child was in foster care - foster care payment

3. Obtain a MEDS Title XVI and Title II printout. Review the child’s SSI/SSA eligibility status. Proceed with the AAP process if the child is not receiving SSI/SSA. Determine who is the SSI/SSA payee for the benefits if the child is receiving SSI/SSA. Complete the DCFS 341 if ‘agency’ (DCFS) is the payee. Include the C#, financial participation (funding source) and foster care rate. Complete the appropriate forms to change the payee to DCFS if DCFS is not the payee.

NOTE: DCFS will continue to be the SSI/SSA representative payee until adoption finalization.

a) Forward the AAP 2 packet to DCFS Finance section.

b) Send a copy of the DCFS 341 to the Special Operations SSI/SSA Unit.

4. Select print reports from the file menu. Select Adoption reports. Select the AAP 2. Select print preview. Review the AAP 2 report. Data enter any missing eligibility information and the AAP financial participation. Print the AAP 2 Report.

3. Deliver the DCFS 280 to the assigned AAP EW. 5. Complete the AAP Notice of Action.

6. Select print report from the file menu. Select client reports. AAP EW Select the MC 250A. Select print preview. Data enter any missing element. Print the MC 250A report. Complete the DCFS 2384. Notify the MAO Unit to terminate the mother’s foster care case record and initiate the child’s MAO eligibility. Include the case name and number. Attach the MC 250A to the DCFS 2384. Send them to the MAO ES in Covina.

7. Submit the AAP eligibility case to the ES.

AAP ES 1. Receive the AAP eligibility case.

2. Review the CWS/CMS notebooks and eligibility case for accuracy and completeness.

a) Prior to approval, ensure that the AAP financial participation is recorded in the Case Notes.

b) Confirm the accurate payment dates/amount for foster care

3. Deliver the DCFS 280 to the assigned AAP EW. and AAP.

3. Record the secondary assignment to the AAP Library caseload. The re-certification month shall determine the caseload file number while the year will determine whether the library is 'Even' or 'Odd'. Example: AAP re-certification month of March 2000 will have a caseload file # of LAE3, 'LA' = Library; 'E' = an Even year; '3' = the 3rd month in the year. The months of October, November and December will have an alpha character, such as LAEO for 'even year, month of October' or LAOD for 'odd year, month of December'.

4. Deliver the AAP eligibility case and appropriate forms to the Unit Clerk.

AAP Unit Clerk 1. Receive the AAP eligibility case and forms.

2. Send the following to the appropriate location:

a) DCFS 341, SSI/SSA Notification to Special Operations SSI/SSA Unit;

b) MAO packet to the MAO Unit;

AAP Unit Clerk c) AAP Notice of Action to the adoptive parent.

3. Deliver the DCFS 280 to the assigned AAP EW.

3. Deliver the AAP eligibility case to the AAP Recertification library.

B. WHEN: RECEIVE NOTIFICATION OF ADOPTION FINALIZATION

WHO HOW

AAP ES 1. Receive a DCFS 280 and/or court Minute Order that indicates an adoption has been finalized.

2. Determine the workload management. Assign the specific function to a designated EW.

3. Deliver the DCFS 280 and/or court Minute Order to the assigned EW.

AAP EW 1. Received the DCFS 280 and/or court Minute Order indicating the finalization of adoption. Within 3 days of the receipt of notification, complete the adoption finalization process.

2. Contact the CSW. Obtain the effective date of adoption finalization if it is not indicated on the DCFS 280.

3. Access the CWS/CMS application. Search, retrieve and open the existing child/case. Update the secondary assignment.

Record in the description text box 'AAP 2 change - adoption finalization.'

4. Obtain a MEDS Title XVI and Title II printout. Review the printouts to determine if the child is receiving SSI/SSA benefits and if DCFS is the representative payee.

a) Proceed with the adoption finalization process if SSI/SSA benefits are not received.

b) Follow steps c) through f) below if SSI/SSA benefits are received.

NOTE: The State recommends giving the adoptive parent the choice of receiving SSI/SSA benefits and AAP benefits.

AAP EW c) Telephone the adoptive parent to explain the available eligibility benefits. Record the conversation in the Contact Notebook.

d) Contact the Social Security Administration to deduct the AAP amount from the SSI/SSA amount if the adoptive parent wants eligibility to both SSI/SSA and AAP. The adoptive parent is payee for both benefit amounts. The amounts are not greater than either program. Record the conversation in the Contact Notebook.

e) Complete the DCFS 341 to notify DCFS Finance of the effective date of the adoption finalization if DCFS is the SSI/SSA representative payee at the time of final adoption.

f) Attach the MEDS printout to the AAP 2 report printed from step 8. Data enter the adoptive parent’s choice.

5. Select print report from the file menu. Select Adoption reports. Select the AAP 2. Data enter the adoption finalization effective date and SSI/ SSA benefits, if any. Print the AAP 2 report.

6. Complete, if appropriate, the Notice of Action to indicate a decrease in the AAP benefit amount due to the adoptive parent’s choice of SSI and AAP benefits.

7. Submit the AAP 2 and forms to the AAP ES.

AAP ES 1. Receive the AAP 2 and forms indicating an adoption finalization.

2. Access the CWS/CMS application. Search, retrieve and open the existing child/case. Review the appropriate notebooks for completeness and accuracy. Review the forms for completeness and accurate eligibility to AAP.

a) Ensure that all re-certification reminders are satisfied.

b) Return the forms to the assigned EW if modifications are required.

c) End date the secondary EW assignment if the completed assignment meets the satisfaction of the ES. Ensure that the AAP library is the primary assignment if adoption is finalized. AAP ES Ensure that the secondary assignment is AAP library if adoption services remain open.

3. Authorize the AAP report, by signature, if the approval meets the satisfaction of the ES.

4. E-Mail the AAP 2 to DCFS Finance. Deliver the forms and attached documents/reports to the Unit Clerk.

AAP Unit Clerk 1. Receive the authorized AAP forms and attached printouts.

2. Send the AAP forms and printouts to the appropriate location.

a) Notice of Action to the adoptive parent(s).

b) DCFS 341 and attached MEDS printouts to DCFS Finance Section.

D. WHEN: UPON RECEIPT OF THE AAP 2 OR REQUEST FOR AN EMERGENCY MEDI-CAL CARD FROM THE POST ADOPTION SERVICES UNIT.

WHO HOW

AAP ES 1. Receive a DCFS 280 request to issue and/or activate emergency Medi-Cal benefits.

2. Receive the hand-written AAP 2 indicating deferred AAP, adoptive

parent(s) change of address, adoptive parent(s) change of payee or increase in the monthly AAP benefits.

3. Determine the workload management. Assign the specific function to a designated EW. 4. Deliver the DCFS 280 or hand-written AAP 2 to the assigned EW.

AAP EW 1. Receive the DCFS 280 request for an emergency Medi-Cal benefits activation and/or card issuance. a) Access the CWS/CMS application. Search, retrieve and open the existing child/case. Update the secondary assignment. Record in the description text box 'Emergency Medi-Cal card activation/issuance.' b) Review the AAP Eligibility page in the Client notebook. Determine if the AAP re-certification is delinquent. AAP EW 1) Review the Assignment page if the re-certification is delinquent. Determine who has the secondary or primary assignment for the AAP re-certification. 2) Contact the AAP EW who has the secondary/ primary assignment. Obtain the status of the AAP re-certification. Proceed with the Medi-Cal card issuance if the re- certification has been received. Consult with the ES if the AAP re-certification has not been received or is suspended/terminated. 3) Proceed with the Medi-Cal card issuance if the AAP recertification is not delinquent. c) Open the Medi-Cal Notebook. Review the pages for completeness and accuracy. Select and print the MC 250 Medi-Cal application. d) Annotate the AAP eligibility status on the DCFS 280. Fax the DCFS 280 and MC 250 A to the Foster Care Hotline. NOTE: The Foster Care Hot Line (FCHL) receives a request for Medi-Cal benefits from Adoption Headquarters staff for foster care children as well as from the Adoption AAP unit. The FCHL shall review the request from the AAP unit and deliver the DCFS 280 and MC 250 to the MAO ES. The MAO EW shall process the appropriate action to activate or issue a Medi-Cal benefits card. e) Access the MEDS computer system the following day.

Determine if the Medi-Cal card was activated or issued. 1) Annotate the DCFS 280 as completed if the Medi-Cal card was activated or issued. Submit the completed DCFS 280 to the ES. 2) Escalate the DCFS 280 to the AAP ES if the Medi-Cal card was not activated or issued. f) Record all AAP eligibility activity in the Case Notes.

2. Receive the hand-written AAP 2 indicating deferred AAP, adoptive parent(s) change of address, adoptive parent(s) change of payee or increase in the monthly AAP benefits. a) Access the CWS/CMS application. Search, retrieve and open the existing child/case. Update the secondary assignment. Record in the description text box “AAP 2 AAP EW change, .....”. b) Review the AAP Eligibility page, the AAP Agreement page and the Address or ID page and record any change of action(s). c) Retrieve the AAP 2 report. Review the data. Data enter any missing information and print the report. d) E-Mail the AAP 2 to the DCFS Finance Section. e) Record all AAP eligibility activity in the Case Notes. f) Annotate the hand-written AAP 2 of the completed assignment. Submit it to the ES.

AAP ES 1. Receive the completed assignment.

2. Review the appropriate CWS/CMS notebooks or MEDS system.

3. If necessary, contact the MAO ES or FCHL ES to escalate the emergency Medi-Cal card activation/issuance. AAP ES 4. End date the secondary assignment when the task is completed.

ELIGIBILITY E080-0530 (Rev 01/06) PAGE 13 OF 11