California Department of Social Services - State Hearings Division
Notes from the Training Bureau - November 10, 2010

Item 10-11-01A
Paraphrased Regulations

This version of the paraphrased regulations provides a major update of the Adoption Assistance Program and Foster Care program paraphrased regulations.  There are 61 additions and 25 renumbered AAP ParaRegs as well as eight deleted AAP ParaRegs.   There are 156 additions to the Foster Care ParaRegs and 44 renumbered Foster Care ParaRegs as well as 14 deleted Foster Care ParaRegs.

Foster Care:  The ParaRegs have been reorganized as follows:  180 – general foster care provisions; 181 – federal eligibility; 182 – state FC eligibility; 183 – budgeting and computations; 184 – special needs; 185 – overpayments; 186 – foster care rates (including SB 84 dual agency and supplemental rate issues); 187 – Interstate Compact for the Placement of Children (ICPC); and, 188 – inter-county transfers & inter-program transfers in foster care.

Specifically, as to federal foster care eligibility, the 181 series is now organized to address first child eligibility, with “home of removal” and voluntary placement agreement issues (181-5 and 6); deprivation and income linkage to the former AFDC-FG/U (181-10 thru 17); Requisite language for removal and permanent plans (181-20 & 21); and then, to adult and home eligibility, starting with adult criminal, child abuse central index (CACI) clearance, and Adam Walsh issues (181-30 thru 45); and finally, home approvals (181-50 thru 52).

For AAP, we have added new indexes for the biannual recertification processes (923 series), extension of AAP past a child’s 18th birthday due to disabilities (924 series), and out-of-home care placements under 22 CCR 35334 (929 series).  Note that the new federal “de-linking” provisions for federally funded AAP are now added (920-2B).  AAP rates section (928) now includes Lanterman Act jurisdictional provisions for continuing ARM rate disputes and disputes with Regional Center resources and rates







181-3 to 181-1
181-5 to 181-3
181-7 to 181-4
181-1 to 181-5
181-1A to 185-1A
181-1B to 185-1B
181-3J to 181-6
181-3K to 181-6A
181-6A to 181-11
181-2B to 181-12
181-6B to 181-15E
181-3A to 181-1A
181-4 to 181-20
181-8 to 181-20B
181-8A to 181-20D
181-8B to 181-20E
181-9 to 181-30A
181-9A to 181-31
181-10 to 181-32
181-10A to 181-32A
181-10B to 181-32B
182-1 to 182-3B
182-1A to 182-1B
182-3 to 182-4

182-4 to 182-4A
182-4A to 182-4C
183-5A to 183-6A
186-10A to 186-20
186-10E to 186-20A
186-10G to 186-20B
186-10H to 186-20C
186-20I to 186-20D
186-10J to 186-20E
186-7 to S186-31
186-7A to S186-31A
186-8 to S186-31B
186-8B to S186-31C
180-1 to 187-1A
180-2 to 187-1B
187-4 to 187-2E
187-5 to 187-2F
187-1 to 187-3
187-2 to 187-3A
187-3 to 187-3B

920-4 to 920-1
920-1 to 920-1A
920-1B to 924-1

920-7 to S920-2C
921-1A to S921-1A
921-2 to 923-1
921-2A to S923-3A
921-3 to 923-2
922-2 to S922-2
922-3 to 922-3C
922-2A to 922-3B
922-6 to S922-6A
922-10 to S922-10
926-8 to S926-8
927-2A to S927-2A
928-1 to 928-5
928-1A to 928-5A
928-1B to 928-6
928-1C to 928-3G
928-1D to 928-3H
928-2 to 928-21
928-2A to 928-20
928-2B to 928-20A
928-2C to 928-20B 928-2D to 928-20C




Federal AFDC-FC funds are meant to provide maintenance care funds (42 USC 675(4)(A))

180-10 FFP funding available for aid paid pending and payments to carry out hearing decision (45 CFR 205.10)
180-11 State hearings for Title IV-E funding governed by 45 CFR 205.10 (45 CFR 1355.30(p)(2))

AFDC-FC funds for fulltime student reaching 18 yrs age requires school verification (45-201.111(a), (b))


Definition of school and fulltime student for AFDC-FC funding and for CalWORKs (42-101.2)

180-20B Evidence used to establish age of fulltime student (42-111.1)


The County will inform applicant of needed evidence for eligibility, or county shall obtain evidence (40-157.21)


County to inform foster children of rights every 6 months (listed in WIC 16009.9) (WIC 16501.1(f)(4))


For AFDC-FC funding, in addition to fulltime student requirements, mutual agreement must be entered into by foster child (45-201.111(c))


The mutual agreement is found on state form SOC 155 B, providing listed requirements for entering into a mutual agreement (SOC 155 B)


The mutual agreement informs the child of his responsibility for continued AFDC-FC (SOC 155 B)

181-2 Federal definition of a "dependent child" and relative from whom child removed (42 USC 606(a))

Relative defined as 5th degree kinship even if marriage terminated by separation/death (WIC 11400(m))

181-2B Listing of relatives that are 5 degrees kinship (ACL 05-13E)
181-5C Voluntary Placement Agreements must be executed on state form SOC 155 (ACL 01-33)
181-10 CalWORKs regulations that apply to Kin-Gap children listed (90-110.1)
181-10A For federal AFDC-FC eligibility, child must be linked to former AFDC-FG/U program as of 7/16/96 (§45-202.33)
181-10C A child's federal AFDC-FC eligibility requires specific criteria be met (§45-201.1-.5)

Linkage to the former AFDC-FG/U is a one-time determination, with exceptions (§§45-202.341, 202.34)

181-10E FFP not lost with subsequent dismissal court order for child aged 18 yrs or for termination of parental rights (§45-202.411(c))
181-12A Deprivation under AFDC-FG/U must be met in month of, but prior, to child's removal (ACL 07-49)
181-13 Deprivation under AFDC-FG/U is established if parent deceased, absent, incapacitated, or unemployed (§§41-401.11-.14)
181-14 Deprivation due to parental absence exists with "continued absence" of parent (§41-450.11)
181-14A Linkage is presumed If CalWORKs paid based upon parental absence deprivation (ACL 94-75, q. 22)
181-15 Unemployment deprivation established when principal earner works less than 100 hours (§41-440.1(a))
181-15A Principal earner is parent earning the most in past 24 months (§41-440.1(c), (d)(2))
181-15B Principal earner must be "unemployed" (i.e. work for less than 100 hours) for prior 30 days (§41-440.22)
181-15C Principal earner who is apparently eligible for UIB must apply and accept UIB when referred by county (§41-440.24)
181-15D Principal earner must have a "connection with labor force" to establish unemployment deprivation (§§41-440.411, .42)
181-16 Deprivation under AFDC-FG/U may be due to physical or mental incapacity (§§44-317.12, .8, 41-430.1)
181-16A Deprivation exists when incapacity prevents parent from working fulltime (§§41-430.11-.15)
181-16B Deprivation due to incapacity established if eligible for OASDI, SSI/SSP, Worker's comp, SDI (§§41.430.2-.22)
181-17 Use of the Preponderance of Evidence Model for presumed income eligibility when no conflicting evidence of income (ACL 94-15)
181-17A 17A Income under former AFDC-FG/U is any available benefit in cash or in kind (§44-101)
181-17B Under former AFDC-FG/U, employer provided sick leave and SDI benefits are earned income (§44-101.51)
181-17C Under former AFDC-FG/U, UIB is deemed unearned income (§44-101.532)
181-17D Income deemed currently available in the month it is received (exceptions for recurring income) (§44-102(e)(1))
181-17E Under former AFDC-FG/U, gross and net income tests use the MBSAC and MAP in existence as of 7/16/96 (ACL 98-01)
181-17F Table of MBSAC, 185% MBSAC, and MAP for each AU size, as of 7/16/96 (ACL 98-01, att. A)
181-17G Gross income test under former AFDC-FG/U compared to 185% MBSAC (§§44-207.2, .3)
181-17H Net income test under former AFDC-FG/U may include the $90 and the $30-1/3 earned income disregards (§44-207.32)
181-17I For the net test under the AFDC-FG/U, the 4-month time limit must be applied for use of $30-1/3 disregard (ACL 98-01)
181-17J Limitations under former AFDC-FG/U for use of the $30-1/3 earned income disregard (§44-111.231, .232)           
181-17K The $30-1/3 disregard available if person eligible for and received cash aid in 1 of 4 prior months (§44-207.322)
181-20A Effective 2000, requisite language for removals needed for federal AFDC-FC eligibility (ACL 01-33)           
181-20C Contrary to Welfare language must he made in first court hearing; no one-day continuance allowed without this finding (CRC 5.550(c)(2))
181-20F After 2000, Reasonable Efforts language within 60 days removal; nunc pro tunc orders cannot retroactively establish reasonable efforts (45 CFR 1356.21(b))
181-20G New linkage determination must be made if trial home visit exceeds 6 months (ACL 01-33)
181-21 Requisite language must be documented in minute order or transcripts (45 CFR 1356.21(d),(d)(1))
181-21A Reasonable efforts to finalize the permanent plan must be made within 12 months and every 12 months thereafter (ACL 01-33)
181-21B Judicial determination must be made showing reasonable efforts were made by the county to finalize the permanent plan (45 CFR 1356.21(b)(2))
181-30 In 2001, the state adopted the provisions of the Adoption and Safe Families Act of 1997 (ASFA) (WIC 16131, Stats. 2001)
181-30B Adults and home must be documented to meet state's regulatory standards (§31-445.3)
181-31A County’s decision to grant or deny criminal exemptions are executive decisions (In re Esperanza C.)
181-31B A criminal clearance and Child Abuse Central Index (CACI) clearance are mandatory for CCL approval (22 CCR 89319)
181-31C Live Scan process defined prior to October 2008; FBI clearance not initially required upon affidavit stating no out-of-state convictions (H&S 1522)
181-31D Effective October 2008, Live Scan processes; FBI clearance mandated prior to CCL clearance (H&S 1522(d)(1))
181-31E Agency must investigate arrests on non-exemptible crimes (H&S 1522(d)(5), (e))
181-31F Agency cannot deny CCL clearance on arrest record unless prepared to argue denial at hrg (22 CCR 89219(g)(8))
181-31G Without conviction, CCL denial on "conduct inimicable" to child's safety may be decided by OAH for state-licensed facilities (H&S 1550)
181-33 No criminal exemptions are allowed to be granted for specified crimes (H&S 1522(g)(1))
181-33A Prior to October 2008, rehabilitated exemptions on specific sentencing enhancements allowed (H&S 1522(g)(1)(A)(ii))
181-33B Effective October 2008, rehabilitated exemptions on sentencing enhancements were further limited (H&S 1522(g)(1)(A)(ii)
181-33C Effective October 2008, non-exemptible crimes added relating to child and domestic crimes (H&S 1522(g)(1)(C))
181-33D Non-exemptible "Violent Felonies" defined under the Penal Code [PC 667.5(c))

Criminal exemption required for exemptible criminal conviction prior to placement of child (WIC 361.4(d)(2))

181-34A CCL Evaluator Manual (CCL EM) defines minimum time prior to exemption for specified crimes (CCL EM §7-1736)
181-34B Under the CCL EM minimum time for exemption extended until formal probation completed (CCL EM §7-1735, 6)
181-34C Criminal exemption under CCL is mandated for no contest pleas and subsequent PC 1203.4 expungements (H&S 1522(f)(1))
181-34D Prior to Proposition 21 in 2000, 2nd degree robbery may not necessarily be non-exemptible (PC 667.5(c)(9))
181-34E Second degree robbery non-exemptibility challenged under Glesmann v. Saenz (ACL 04-46)
181-34F A “violent crime” establishing non-exemptibility must be established to be a crime against an individual (Glesmann v. Saenz)
181-34G Violent crime analysis for non-exemptibility is also applicable to burglary convictions (Glesmann v. Saenz)
181-35 Agency's due process mandated informing CCL applicant in processing criminal past (Gresher v. Anderson)
181-40 Duty of DOJ to maintain CACI records and counties’ duty to investigate incidents (H&S 1522.1, PC 11170)
181-40A DOJ only repository of CACI, agencies responsible to insure records "founded" (PC 11170, 11169, 11165.9)
181-40B Agency's duty to investigate CACI reports to insure substantiated incidents (22 CCR 89219.2(a)(2))
181-40C Agency's CACI investigative process is set out under the CCL EM §3-2710 (CCL EM §7-1400)
181-40D Agency must obtain all relevant investigative documents to establish CACI hit founded (CCL EM §3-2710)
181-40E "Severe neglect" of a child defined under the Child Abuse & Neglect Reporting Act (CANRA), establishing sufficient neglect for inclusion in the CACI (PC 11165.2)
181-41 Individuals listed on CACI may federally challenge listing under 42 USC 1983 (Humphries v. LA County)
181-45 Use of out-of-state agencies in complying with Adam Walsh Act for child abuse clearances (PC 11170(e)(1))

Out-of-State Child Abuse (OSCA) Registries must be searched for adults residing in California less than 5 years [ACYF-CB-06-04)

181-50 Safe access through windows and doors mandated for home approvals (22 CCR 89387(q))
181-50A The home must be clean, safe, sanitary, and in good repair for safety and well-being of children (22 CCR 89387(b))
181-50B Bedroom requirements, beds, passageways, and approval of documented alternative plans (22 CCR 89387(a)
181-50C County's duty to assess homes for child's needs without safety defects; swimming pool concerns (31-445.1, .11)
181-51 Home "deficiency" and "documented alternative plans" (DAP) defined (22 CCR 89201(d))
181-51A "Serious deficiency" is a deficiency presenting immediate or substantial threat to health (22 CCR 89201(s)(1))
181-51B Agency required to issue notice of deficiency unless not serious or corrected during inspection (22 CCR 89252)
181-51C Notice of Deficiency must be in writing and include specified information (22 CCR 89252(d))
181-51D Waivers to home condition regulations permissible, but not if detrimental to health or safety of child (22 CCR 89224)
181-52 Caregivers must provide yard and/or outdoor activity space free from hazards (22 CCR 89387.1(a))
182-1 For state AFDC-FC, child must reside in one of the listed "eligible facilities" (45-203.41-.417)
182-1A Nonrelative extended family member (NREFM) is an adult with familial and/or mentoring relationship to child (WIC 11400(n)
182-1C To continue receiving state AFDCFC, recipient must reside in California (45-201.13, 42-400)
182-2A When parental rights terminated, relative status of parent and relatives is terminated (45-1-1(r)(1)(B))
182-2B Termination of parental rights means an action taken by Juvenile Court (45-101(t)(1); WIC 366.26)
182-3 For state AFDC-FC, the BDA is the application if child eligible, of date of eligibility, whichever is later (45-302.31)
182-3A Application date means the date county signs and dates application, or date application received (45-302.321)
182-3C Nature of report filed with Probate Court regarding proposed nonrelated legal guardian (Probate C. 1543)
182-3D Probate Code §1543 requires report of character nonrelative guardians as in FFH licensure (64 Op.Atty.Gen. 456)
182-3E Probate Court shall order county to conduct home study of proposed legal guardian unless waived (Prob. C. 1513)
182-3F Probate Code §1513 does not apply to legal guardians granted by Juvenile Court (Prob.C. 1513(f); WIC 366.26)
182-3G State AFDC-FC funds are not paid to a nonrelated legal guardian (NRLG) who does not cooperate with county on the provision of social services (45-302.241)
182-3H State AFDC-FC funds available to NRLG when cooperating with listed social services (45-203.611(c), 45-201.4)
182-4D Placement and care means the responsibility of the welfare of the child is vested with an agency or the legal guardian (45-101(p)(5))
184-3 Infant supplement paid shall be a uniform amount to cover care and supervision of a child (11-415.1)
184-3A Infant supplement paid for care and supervision of a child living with the minor parent in same eligible facility (45-200.2)
184-3B Infant supplement paid in addition to minor parent's AFDC-FC for a child living in the eligible facility (45-302.211)
184-3C A new eligibility determination for infant supplement is not needed if facility is already eligible for AFDC-FC (45-201.6)
184-3D In 2007, the Whole Foster Family Home (WFFH) expanded to include a nonrelated legal guardianship granted by permanent plan (ACL 08-24)

"Teen Parent" is a dependent child parent under WIC 300/602, or ward of a nonrelated legal guardian, in a WFFH (WIC 16501.25(a)

184-3F Discussion of "Shared Responsibility Plan" for infants of teen dependent parents (WIC 16501.25(b))
184-3G The Shared Responsibility Plan and updates must be provided to relevant parties and attorneys (WIC 16501.25(c))

Shared Responsibility Plan requirements not applied when $200 payment made under KinGAP (WIC 16501.25(d))

186-6A SCI supplements the basic rate for children requiring additional care or supervision (ACIN I-113-00)
186-6B SCI rates administered at local level subject to CDSS review; proposed guideline needs discussed (ACIN I-113-00)
186-7 Medical fragile means having an acute or chronic health problem needing skilled nursing (H&S 1760.2(b))
186-10E Once early start child under CESISA reaches 3 yrs age, SB 84 early start ends; an SCI rate assessment should be initiated (ACL 10-16, q. 8)
186-10G A child receiving an SCI rate who becomes a dual agency child must receive a dual agency rate under SB 84, or an SCI rate, whichever is more (ACL 08-17)
186-10H Children in vendorized CCFs receiving ARM rates are not eligible for dual agency or supplemental rates under SB 84 rates (ACL 10-16, q. 17)
186-10I Certified Foster Homes contracted under an FFA are not eligible to receive SB 84 rates or SDA rates (ACL 10-16, q. 20)
186-10M Dual agency children receiving SB 84 rates are eligible to receive a $100 clothing allowance (ACL 10-16, q. 4)
186-20F Regional Center service coordinator must sign the SOC 837 questionnaire for the supplement to the dual agency rate; Alternative process discussed (ACL 10-16, qs. 28, 29)
186-20G Child under 3 years of age receiving either the early start or Lanterman Act SB 84 rate, is not eligible to receive a supplement to the dual agency (SDA) rate (ACL 10-16, q. 24)
186-20H AFDC-FC benefits paid for dual agency children under SB 84 cannot include P&I payments (ACL 10-16, q. 2)
186-30 Consumer remains Regional Center consumer if individual moves to another location within state (WIC 4643.5(a))
186-30A Regional Center consumer remains eligible as a consumer unless comprehensive reassessment states otherwise (WIC 4643.5(b))
186-30B A consumer's IPP resources are maintained if transferring to new Regional Center; exceptions (WIC 4643.5(c))
186-30C Services provided by Regional Centers overseen by California Dept. of Developmental Services (CDDS) under the Lanterman Act (WIC 4500 et seq; 4620)
186-30D Disputes under the Lanterman Act relating to services provided by Regional Centers are heard before the OAH (WIC 4710 et seq)
186-30E ARM rates established to provide basic needs to developmentally disabled individuals (WIC 4680)
186-30F Facilities serving as residence for facility licensee are paid "owner operated" ARM rates (17 CCR 56901(27), (38))
187-1 Interstate Compact for Placement of Children (ICPC) applicable for placing child in other state (31-510.1
187-1C Under the ICPC, a child placed out of state must be placed in appropriately licensed child care facility or home (45-202.518)
187-2 Every proposed ICPC placement requires a home study; need for approved ICPC 100A (31-510.33)
187-2A Counties must comply in properly completing and processing the state form ICPC 100A (31-510.3)
187-2B Under the ICPC, the receiving agency must notify the county whether the plan is approved or not (31-510.34)
187-2C The receiving agency shall insure a financial plan is developed for eligible social services (31-510.35)
187-2D Priority placement processing by Courts under the ICPC is discussed (CRC § 5.616(b)

When a child placed in an Foster Family Home outside the county, the county must pay the commensurate host rate; exceptions (11-401.4)

188-1 Inter-county transfers (ICT) are not necessary when the first county places a child in a host county (40-190.32)
188-2 Court's "transfer out" and "transfer in" processing leading to an ICT is discussed (WIC 375, 750)
188-2A A Court is not mandated to "transfer out" a case for a child residing in a different county (In re J.C.)
188-2B The transferee county may not reject the "transfer in" of a case (In re Carlos B.)
188-3 Transferring county must notify transferee county using form FC 18 with intent to transfer (40-188.111, .17, .25)
188-3A Transferring county must notify the second county within 7 days of the intent to transfer and send listed eligibility documents (40-188.13, .135)
188-4 Transferring county must immediately inform caregiver of need to apply for eligibility redetermination in transferee county (40-188.121, .135)
188-5 A Court accepting a "transfer in" case establishes the county of residence (40-189.23)
188-6 Responsibility for child welfare services case management transfers to the transferee county (40-192.12)
188-7 During the ICT process, there is no interruption or overlapping of Foster Care funds (40-192.2)
188-8 Responsible county shall pay the rates set in the host county; exceptions (11-401)
188-9 When a child in an AU is moved to Foster Care, the effective date of AFDC-FC funds is the date placed (44-317.622)

When a child transfers from AFDC-FC to cash aid or vice versa, effective transfer date first of next month (44-317.623)

920-2 Child eligible for AAP if specified listed conditions are met (WIC 16120(a)-(h) and (o))
920-2A Criteria need for state funded AAP (WIC 16120 (i) and (o))
920-2B Child must meet one of listed criteria to be eligible for AAP federal funding (WIC 16120(j)-(n) and (o))
920-3 Agency must seek adoptive parents not requiring assistance before selecting parents requiring assistance (Title 22, CCR 35327(a))
920-4 Required documents in county case record (45-807.1-.15)
922-3 Department or licensed adoption agency must provide written information regarding availability of AAP (WIC 16119(a))
922-3A Department or licensed adoption agency must inform prospective adoptive family of potential tax credit (16119(g))
922-6 Responsible public agency shall negotiate amount of AAP with adoptive family (Title 22, CCR 35333(e))
923-3 Steps for AAP reassessment process (Title 22, CCR 35343(b))
924-2 Disability defined (WIC 4900(d))
924-2A Examples of physical and mental disabilities (Gov Code 12926.1(c))

Major life activities include physical, mental and social activities, and working (Gov Code 12926.1(k)(1)(B)(iii), (i)(1)(C))

924-2C Physical disability specifically defined (Gov Code 12926.1(k)(1-5))
924-2D Mental disability specifically defined (Gov Code 12926.1(i)(1-5))
924-2E Mental disability does not include listed disorders (Gov Code 12926.1(i)(5))
926-11 If child placed outside financially responsible California county, AAP benefit is higher of Foster Care maintenance benefit for age related state-approved foster family home of responsible county or host county (Title 22, CCR 35333(c)(1)(B)(3))
926-11A If child placed for adoption outside California, AAP benefit is higher of Foster Care maintenance payment for age related state-approved foster family home of responsible county or host state (Title 22, CCR 35333(c)(1)(B)(2))
926-12 Effective January 2008, cost of living adjustment of basic Foster Care rates in AAP (WIC 11461(d)(1)(C))
926-12A Amount of aid paid to adoptive family impacted by SB 84 for agreements executed on or after January 1, 2008, not before (ACL 08-01)
926-12B Amount of aid paid to adoptive family impacted by SB 84 for agreements executed on or after January 1, 2008, not before (WIC 16121.01)
926-13 Initial AAP agreements signed on or after January 1, 2010 will not receive age-related increase; family may request increase based on needs or circumstances (ACL 10-08)
927-1 AAP agreement at a minimum must specify amount and duration of assistance (WIC 16120.05)
927-1A Items that must be included on the AD 4320 form (Title 22 CCR 35337(a))
927-3B Overpayment recovery from adoptive parent who signed AD 4320 (45-808.12, .121)
927-3C Recovery of overpayment from adoptive parent not required when cost of collection exceeds amount recovered (45-808.11)
927-3D If amount of current AAP payment is insufficient to recover overpayment, remaining overpayment may be recovered from future AAP payments for no more than succeeding six months (45-808.21)
927-3E Amount of overpayment adjustment may not reduce adoptive family’s net income below AFDC MBSAC (45-808.212)
927-3F County may demand repayment of overpayment not recouped by grant adjustment (45-808.22)
927-3G County may seek civil judgment to recoup overpayment (45-808.23)
927-3H County may arrive at reasonable settlement with adoptive parent on overpayment claim (45-808.24)
928-1 If child placed outside financially responsible California county, AAP benefit is higher of Foster Care maintenance benefit for age related state-approved foster family home of responsible county or host county (Title 22, CCR 35333(c)(1)(B)(3))
928-1A If child placed for adoption outside California, AAP benefit is higher of Foster Care maintenance payment for age related state-approved foster family home of responsible county or host state (Title 22, CCR 35333(c)(1)(B)(2))
928-2 Under Lanterman Act, DDS provides services to persons with developmental disabilities (WIC 4500)
928-2A Consumers dissatisfied with level of services by regional center may appeal to OAH (WIC 4710)
928-3 In determining ARM rates, providers for service levels 1-3 and 4A through 4I must possess valid CCL license and be “vendorized” (Title 17, CCR 56004; WIC 11464)
928-3A Prior to SB 84, relative foster caregivers not “vendorized” not eligible to receive ARM rated Foster Care (WIC 4684, 11464; ACL 98-28)
928-3B Distinction between “owner operated” and “staff operated” facilities (Title 17, CCR 56901 (27)(28))
928-3C ARM rates established to provide basic living needs to persons with developmental disabilities (WIC 4680)
928-3D Maximum rate for developmentally disabled regional center child is foster family home rate determined by regional center using facility rates established by DDS (Title 22, CCR 35333(c)(1)(C))
928-3E  In addition to ARM rates, personal and incidental expenses allowed for SSI/SSP recipient child (ACL 03-60; Title 20, CFR 416.640(b))
928-3F If foster child received ARM rate in excess of $2006 prior to July 1, 2007,  AAP benefits will remain at same pre-July 2007 rate but assessment for SDA rate may be requested (ACL 10-16)
928-7 If child becomes regional center child after adoptive placement, adoptive parent must request change in benefit amount and renegotiate AAP benefits (ACL 10-16)

When child receives AAP at SB 84 early start rate, adoption agency may not automatically discontinue that rate when child turns three years old without concurrence of adoptive parent (ACL 10-16)

928-21A Child is not eligible to receive supplement to dual agency rate regardless of whether the child receives SB 84 early start rate or SB 84 dual agency rate (ACL 10-16)
928-22 Establishing the date to initiate the SDA rate in AAP (ACL 10-16)
928-23 Dual agency child eligible to receive SB 84 dual agency rate but is instead receiving higher ARM rate, may be eligible to supplement providing total AAP payment does not exceed $3006. (ACL 10-16)
928-24 Representative from regional center must review and sign supplement to rate questionnaire prior to determining child’s eligibility to receive dual agency rate supplement (ACL 10-16)
929-1 Responsible agency determines amount and duration of AAP when child is placed in out of home care to treat a condition that existed prior to placement (Title 22 CCR 35334(a))
929-1A Circumstances under which agency shall conclude child would be placed in same out-of-home care facility if child not placed for adoption Title 22, CCR 35334(a)(1))
929-2 Agency shall determine maximum AAP benefit for which child is eligible for out-of-home placement (Title 22, CCR 35334(a)(2))
929-2A If placement cost paid by another agency, available AAP is higher of age-related state-approved foster family home care rate or adoptive parent’s actual cost for support for child (Title 22, CCR 35334(a)(2)(B))
929-3 Under IDEA students have right to free public education (20 USC 1400; Ed Code 56000)
929-3A “Free appropriate public education” defined (20 USC 1401(9))
929-3B Special education defined (20 USC 1401(29))
929-3C “Related services” defined (20 USC 1401(26))
929-3D State provides instruction and services when necessary to benefit student educationally (Ed Code 56363(a))
929-3E School districts only required to provide “basic floor of opportunity”   consisting of access to specialized instruction and related services (Hendrick Hudson v Rowley)
929-4 When student is emotionally disturbed and residential placement is recommended, IEP includes a representative of county mental health agency (Gov Code 7572.5(a))
929-4A If residential placement is agreed upon, county mental health agency becomes lead case manager (Gov Code 7572.5(c))
929-4B Residential non-educational costs of child placed in facility by public agency are responsibility of placing agency or parent (Gov Code 7581)
929-4C County mental health agency makes payment eligibility determinations when it takes responsibility as lead manager for SED child placed in out-of-home facility (WIC 18350-18355’ ACL 86-48)