California Department of Social Services - State Hearings Division
Notes from the Training Bureau - August 12, 2003

ACL 03-27 clarifies that the beginning date of eligibility for AAP for a child is when he/she meets the criteria in Welfare and Institutions Code § 16120 (see paraphrased regulation 920-1A). Once established, a child's eligibility for AAP remains unchanged as long as §§16120 (d), (e) and (f) are met.

Section 16120(d) says that a child is under 18 years of age, or under 21 and has a mental or physical handicap which warrants continuation of assistance.

Section 16120(e) says that 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.

Section 16120(f) says that the adoptive family is legally responsible for the support of the child and the child is receiving support from the adoptive parent.

ACL 03-29 cites the Tripp v. Saenz case (San Francisco County Superior Court, Case No. CPF-02-501683). On April 10, 2003 that court ordered the CDSS to conform its policies to federal law by eliminating the application of Welfare and Institutions Code §16120(c) to AAP eligible children who meet SSI federal eligibility requirements.

If a child has not been determined to be SSI eligible, then W&IC §16120(c) requires the child to be subject of an agency adoption as defined under family code §8506, and be any of the following:

· Under the supervision of a county welfare department as the subject of a legal guardianship or a juvenile court dependency,
· Relinquished for adoption to a licensed or public adoption agency, or to CDSS, and would have otherwise been at risk of dependency as certified by the responsible public child welfare agency, or
· Committed to CDSS pursuant to Family Code §8805 or §8918.