Adoption Assistance Program
Introduction
The Adoption Assistance Program (AAP) is an entitlement program to provide financial assistance and/or medical coverage to facilitate the adoption of children who otherwise would remain in long-term foster care. Public Law 96-272 – the Adoption Assistance and Child Welfare Act of 1980 – created the federal incentives to encourage the adoption of special needs children. The California State Legislature created California’s Adoption Assistance Program with the intent to provide the security and stability of a permanent home through adoption. Pursuant to federal and state statute and regulations, AAP eligible children may receive federal funded or state/nonfederal funded AAP benefits. In limited circumstances, a child adopted through the independent adoption, private agency adoption, or Tribal adoption process may be eligible for AAP benefits.
Important Information to Know
The request for AAP benefits, the eligibility determination, the benefit negotiation, and the execution of the AAP agreement and the Nonrecurring Adoption Expenses Agreement must be completed prior to the adoption finalization.
To request AAP benefits, prospective adoptive parents must submit the AAP 1 – Request for Adoption Assistance Program Benefit form – to the responsible public agency (county adoption agency or department).
The responsible public agency will determine the child’s AAP eligibility, the maximum eligible rate to be negotiated, and sign the completed AAP Agreement and Nonrecurring Adoption Expenses Agreement with the prospective adoptive parents.
The use of a means test for AAP eligibility and determination of the monthly negotiated AAP rate is prohibited. The child or the prospective or adoptive parents’ receipt of Supplemental Security Income (SSI), survivor’s benefits, or any other financial assistance shall not affect the child’s AAP benefits.
The intent of AAP benefits is to assist the adoptive parents with their child’s lifelong needs and not the short-term monetary needs that may occur during a crisis. Adoptive parents are responsible for any extra costs that exceed the monthly negotiated AAP rate/benefit.
- It is the responsibility of the adoptive parents to ensure their adopted AAP eligible child receives all eligible benefits, including Medi-Cal/Medicaid coverage.
Reimbursement for nonrecurring adoption expenses up to $400 per child adopted may be available, if the child:
Federal and state tax credits may be available.
- To request federal tax credit information and Form 8839, contact the Internal Revenue Service or call 1 (800) 829-1040.
- To request state tax credit information (Credit for Child Adoption Costs-Tax Credit Code 197), contact the California Franchise Tax Board or call 1 (800) 852-5711.
FAQs
- What are the AAP benefits that an eligible child may receive?
- Monthly negotiated rate.
- Medical coverage (Medi-Cal/Medicaid).
- Reimbursement of Nonrecurring Adoption Expenses (up to $400 per child, per adoption).
- Payment for an eligible out-of-home placement.
- Payment for eligible Wraparound services.
- AAP benefits may continue in a subsequent adoption.
- AAP benefits continues regardless of the adoptive family’s state or country of residence.
- If eligible, AAP benefits may continue to age 21 years.
- What is the amount of the monthly negotiated AAP rate/benefit?
The monthly negotiated AAP rate is based on the child’s care and supervision needs, and the circumstances of the family. The rate may not exceed the rate the child would have received had they remained in foster care.
- If the child’s needs require a higher level of care and supervision, they may be eligible for a Specialized Care Increment (SCI), if applicable, in addition to their eligible AAP Basic rate. If the child is a consumer of California Regional Center (CRC) services, they may be eligible for the Dual Agency rate, plus eligible supplemental rate, if applicable.
- AAP agreements may be renegotiated at any time, per the adoptive parents’ request.
- Who do adoptive parents contact about their child’s AAP case?
Adoptive parents may contact their responsible public agency to ask the following questions and/or requests:
- Change in contact information.
- Change in mailing address and/or state of residence.
- Change in the child’s needs and family circumstances.
- Request a reassessment/renegotiation of the AAP benefit.
- Request the extension of AAP benefits beyond age 18 years to age 21 years, if eligible.
Adoptive parents must inform the responsible public agency immediately if:
- There is a change in mailing address and/or state of residence.
- The child is no longer residing in the family home.
- They are no longer providing any type of support to the child.
- They are no longer legally responsible for the support of the child.
- What if the prospective or adoptive parents do not want to receive any AAP benefits for their child?
If prospective or adoptive parents elect to not receive the AAP benefits for their child, they are encouraged to sign a deferred AAP agreement. A deferred AAP agreement will retain the child’s AAP eligibility should there be a request for AAP benefits at an unspecified future date.
- What if the prospective or adoptive parents do not want to receive the monthly negotiated AAP rate but would like to receive the Medi-Cal/Medicaid coverage for their child?
If prospective or adoptive parents elect to not receive the monthly negotiated AAP rate but elect to receive Medi-Cal/Medicaid coverage for their child, they may sign a Medi-Cal/Medicaid Only AAP agreement. Adoptive parents may request the monthly negotiated AAP rate at unspecified future date.
- What are the reasons to terminate an AAP case?
The AAP case shall not be terminated, unless one of the three reasons below is met:
- The child has attained the age of 18 years or 21 years.
- The adoptive parents are no longer legally responsible for the support of the child.
- The responsible public agency determines the adoptive parents are no longer providing support to the child.
AAP Policy
State Statute and Regulations
AAP is governed by the federal Social Security Act, California
Welfare and Institutions Code (WIC) sections 16115 through 16125, and the
California Code of Regulations Title 22 sections 35325 through 35352.2.
Frequently Utilized AAP All County Letters (ACLs), All County Information Notices (ACINs), and County Fiscal Letters (CFLs)
Additional Policy Guidance
AAP Forms
AAP forms can be obtained from the California Department of Social Services (CDSS) Forms/Brochures website. When completing the AAP forms, the latest versions of the AAP forms must be used.
The AAP 9B – AAP LOC Digital Scoring form can be obtained from the University of California Davis Resource Barn.