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Originally Posted By Graham

The following is some wonderful news that I posted on one of our sites. California just righted a significant wrong in the way it was implementing Adoption Subsidy (AAP). It may helpful to many of you in other States.

"In a sudden announcement the California Department of Social Services reported in December that it has reached a settlement of a lawsuit brought by the Youth Law Center regarding California's implementation of the Adoption Assistance Program (AAP). The suit alleged that California had employed a means test which based AAP on the income of the adoptive parents, and was reducing benefits upon renewal for reasons other than those permitted by federal law. In fact, California law was probably in compliance with federal law but, regrettably, some counties took it upon themselves to limit AAP payments to many families by imposing policies of their own that were restrictive and unfriendly. As a result, the adoption of our foster children was threatened as families learned that they could not trust that AAP would be there for them when they needed it.

The settlement emphasizes that the income of the family is not relevant to the determination of a need for AAP. It further makes implicit the reality of federal law that a county may not take any action on AAP without the agreement of the adoptive parents, except in certain limited and understandable circumstances. It also requires all families who signed an AAP agreement, or were recertified, after 1/1/98 to be notified that they have a right to return to the county and have their AAP reassessed as a result of this settlement, including a right to payments backdated to 1/1/98. Families who signed agreements prior to that time also have the same rights but will not be specifically notified. Finally, for the first time, educational expenses required to meet the child's needs due to a pre-existing condition are to be specifically included for AAP funding.

This is great news for families who have been improperly denied the adoption assistance levels that they needed for their child. It also means that families with an AAP-eligible child can now apply to counties for additional AAP funds to pay for post adoption services, such as AFTER, with the expectation that the funds will be granted.

The following is the text of the letter that will soon be mailed to families:

Dear Adoptive Parent,

This letter is to notify you that the United States District Court (Eastern District of California) has issued an order approving the settlement signed by the California Department of Social Services (CDSS), the plaintiffs, and the United States Department of Health and Human Services in Mark A., et al, v. Davis (CIV-S-98-0041 LKK DAD). The terms of the settlement affect the manner in which the CDSS administers the Adoption Assistance Program (AAP) in California.

All families who, after January 1, 1998, received a notice of action regarding an application or recertification for AAP benefits are being notified of the AAP changes resulting from the terms of the settlement. You are now entitled to have your child's AAP eligibility or benefits reassessed based on the terms of the settlement.

The terms of the settlement are as follows:

There shall be no means test used to determine an adoptive family's benefits under the AAP, including the use of the statewide median income to determine payment amounts.

The amount of an adoption assistance cash benefit, if any, shall be a negotiated amount based upon the needs of the child and the circumstances of the family.

Circumstances of the family means the family's ability to incorporate the child into the household in relation to the lifestyle, standard of living, and future plans and to the overall capacity to meet the immediate and future needs, including education, of the child.

After an AAP agreement has been signed, the adoptive parents will continue to receive benefits in the agreed upon amount unless one of the following occurs:

1. The adoptive parents are no longer legally responsible for the support of the child.

2. The child is no longer receiving support from the adoptive family.

3. The adoption assistance payment exceeds the amount that the child would have been eligible for in a foster family home.

4. The adoptive parents demonstrate a need for an increased payment.

5. The adoptive parents voluntarily agree to reduce or terminate payments.

6. The adopted child has an extraordinary need that was not anticipated at the time the amount of the adoption assistance was originally negotiated.

Upon request, all families receiving this notice have the right to have their current status regarding AAP eligibility or benefits reassessed consistent with the aforementioned changes in AAP policy and procedure.

If you believe your application or recertification for AAP eligibility or benefits should be reassessed based on the terms described in this notice, please contact:

“The county responsible for your AAP payment.”

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Congratulations to Gail, Helen, the folks at the Youth Law Center, CDSS staff, and everyone else who worked so hard to achieve this goal!
Graham.

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Originally Posted By Monique

Thanks so much