California Department of Social Services - State Hearings Division
Notes from the Training Bureau - February 29,  2000

Item 00-02-03F
CDSS ACL  99-101 -- December 1, 1999 (Synopsis): Mark A. v. Davis, Saenz and CDSS

Mark A. v. Davis, Saenz and CDSS

There is a settlement in the Mark A. lawsuit that affects the manner in which Adoption Assistance Program benefits are administered.

Per the terms of the settlement, the CDSS will immediately:

  1. Cease requiring the use of the statewide median income guideline to determine AAP eligibility and payment amounts.
  2. Cease requiring the production of evidence of income and expenses as a condition of receiving AAP benefits upon initial application or recertification.
  3. Cease requiring reduction of AAP payments without the agreement of the adoptive parents for any reason other than a child's eligibility due to age, the parent's no longer being responsible for or supporting the child; or, the AAP payment amount exceeds the amount the child would receive in foster care.
  4. Cease requiring prospective adoptive families to be informed that eligibility for adoption assistance is based on the income and financial resources of the adoptive parents.

The change in AAP policies and procedures now means that the amount of AAP, if any, shall be a negotiated amount based upon the needs of the child and circumstances of the family.