California Department of Social Services - State Hearings
Division
Notes from the Training Bureau - April 30, 1998
| Item 98-04-01C CDSS ACL 98-03 -- January 7, 1998 (Synopsis): Adoption Assistance Program Requirements |
State law (Welfare and Institution Code § 16119(c)) and federal law (45 Code of Federal Regulations § 1356.40) establish that there shall be no means test for AAP eligibility. The determination of AAP eligibility and negotiation of the AAP payment are two separate and distinct processes.
The AAP payment amount is based on 1) the circumstances of the adoptive parents and 2) the needs of the child being adopted.
Sections 16119(c) and (d) read together establish the following general principles:
Families with income below the statewide median income may qualify for an amount up to the state-approved foster care rate and any state approved specialized care increment for which the child would be eligible in foster care.
Families with income above the statewide median income, unless actual family living expenses mitigate the family’s ability to meet the child’s basic needs, shall be considered to be able to meet normal child rearing expenses encompassed in the state approved basic family foster home care rate, but may qualify to receive benefits in an amount up to the state-approved specialized care increments the child would be eligible to receive if in foster care.