Tag Archives: AAP

How Does Adult Adoption of a Non-minor Dependent Impact Extended Foster Care Eligibility?

Q: I am working with a nonminor dependent in a Supervised Independent Living Placement who is residing with a supportive adult mentor. The youth’s mentor has offered to adopt him, but they would like to better understand how an adult adoption would impact the youth’s eligibility for extended foster care. Would he still be in extended foster care? Would any circumstances change? 

A: No, if the youth is adopted, he would no longer be in extended foster care – his case would be closed. There are a number of factors to consider, along with the youth’s desire for permanency and the perceived stability of this permanency option. Below are the tangible circumstances that would change if he chose to proceed with the adult adoption:

  • Child welfare agency & court supervision: He would no longer have a court-appointed attorney, monthly visits with a county social worker, or six-month court review hearings.
  • Access to placement options: He would no longer have the option of a foster care placement such as a foster home, relative caregiver, Supervised Independent Living Placement (SILP) or Transitional Housing Placement Program for Nonminor Dependents (THPP-NMD); nor the supportive services associated with some placements (i.e. THPP-NMD).
  • Financial support: The financial support he would be eligible for would be an Adoptions Assistance Program (AAP) payment, which would go to his adoptive parent(s). AAP, like foster care, was extended to age 21 by Assembly Bill 12. The monthly AAP rate is the basic rate, which is $1,000 in FY 2019-20, and can be increased to $1,112, $1,225, or $1,337, depending on the needs of the youth and as negotiated with the county.[1] He would no longer receive a monthly foster care payment. In his current placement—a SILP—this payment amount is the basic rate ($1,000 in FY 2019-20) and can go to him directly.
  • Support beyond age 21: He would maintain his eligibility for the THP-Plus program for former foster youth, which provides affordable housing and supportive services. Youth who were in foster care on or after their 18th birthdays are eligible for THP-Plus once they exit care for up to 24 months between the ages of 18 and 24 (up to 36 months and/or age 25 if in school, in counties that have opted into the THP-Plus extension).[2]
  • Health care: As a former foster youth who was in care on his 18th birthday, he would maintain his eligibility for Medi-Cal up to age 26.[3]
  • Educational financial aid:
    • He would maintain eligibility for independent student status because he was in foster care after turning 13. Independent students are not required to include any parental income on the Free Application for Federal Student Aid; aid is calculated based on the student’s income only, therefore usually making them eligible for all need-based aid.
    • He would also maintain eligibility for the Chafee Education and Training Voucher, which provides up to $5,000 per year to youth who were in foster care between age 16 and 18.[4]
    • Lastly, he would be eligible for special exemptions and rules that apply to current and former foster youth for the Cal Grant[5] and the California Community College Promise Grant.[6]

Citation:

[1] California Department of Social Services. All County Letter 19-58 (June 28, 2019). https://www.cdss.ca.gov/Portals/9/ACL/2019/19-58_ES.pdf

[2] Welfare & Institutions Code §11403.2(2)

[3] For information about health care coverage for former foster youth up to age 26, visit Children Now’s website: http://coveredtil26.childrennow.org/

[4] California Student Aid Commission. https://www.chafee.csac.ca.gov/

[5] California Student Aid Commission. Special Alert: Cal Grant B Eligibility Expansion for Foster Youth-Update (July, 8, 2019). https://www.csac.ca.gov/sites/default/files/file-attachments/gsa_2019-19.pdf

[6] John Burton Advocates for Youth. Financial Aid Guide for California Foster Youth. https://www.jbaforyouth.org/ca-fy-financial-aid-guide/ (see page 5 for financial aid eligibility – foster youth are not subject to Satisfactory Academic Progress requirements for the California Community College Promise Grant).

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When adoptive parent or guardian stops supporting youth but still receives payments: what must the county do?

Q: If a youth tries to re-enter foster care because their adoptive parent or guardian no longer provides them support, but the parent or guardian is still receiving Kin-GAP or AAP payments on the youth’s behalf, is the county required to take any sort of action to address the lack of support?

A: Yes. In scenarios where a youth alleges that the adoptive parent or guardian is no longer providing support, but the adoptive parent or guardian is still receiving payments on the youth’s behalf, the county must initiate certain activities, which vary slightly depending on whether the youth is in a guardianship or an adoption.

As you’ve alluded to, existing law requires that youth participating in the extended Kinship Guardianship Assistance Program (Kin-GAP) or Adoptions Assistance Program (AAP) can only re-enter extended foster care if their guardian or adoptive parent is no longer receiving aid payments on their behalf.

All County Letter 19-31 indicates that when a youth in guardianship alleges that the guardian is no longer providing support, but the guardian is still receiving payments, the social worker/probation officer must conduct a timely assessment. For adopted youth, if no safety issues are identified, the worker is required to make an effort to assist the young adult and adoptive parent to remain an intact family unit. In both scenarios, the ACL characterizes these efforts as consisting of speaking with the guardian or adoptive parent regarding the allegations of lack of support, and an in-depth conversation with the youth and guardian or adoptive parent to better understand the dynamics of the home.

For adopted youth, the county is also required to contact the responsible public agency (County Post-Adoption Services or the California Department of Social Services Regional Office for the administration of the AAP-eligible youth’s case), to report the youth’s allegations of lack of support.

Ultimately, the county can take measures to suspend or terminate payments, and to initiate re-entry proceedings, if certain conditions are met. For more information about these processes, and for details about how counties should proceed for youth in guardianships versus adopted youth, read the ACL.

Citation: California Department of Social Services. All County Letter 1931 (2019). http://www.cdss.ca.gov/Portals/9/ACL/2019/19-31_ES.pdf?ver=2019-04-18-104859-023

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Has CCR changed AB 12 eligibility?

Q: I am a CASA with a youth who is facing some decisions regarding her permanency plan. I understand there have been recent changes related to Continuum of Care Reform, impacting foster care placement. My question is, has CCR changed AB 12 eligibility at all — particularly in regards to the age of establishing guardianship and eligibility for extended Kin-GAP payments?

A: No. AB 12 eligibility has not changed as a result of Continuum of Care Reform (CCR). AB 12 eligibility, including eligibility for Extended Foster Care, extended Kinship Guardianship Assistance Program (Kin-GAP) payments, and extended Adoptions Assistance Program (AAP) payments remains as follows:

Extended Foster Care:

There are four basic eligibility requirements for a youth to continue to receive support after the age of 18. The youth must:

  • have an order for foster care placement on his/her 18th birthday;[i]
  • continue under the jurisdiction of the juvenile court as a dependent, under transitional jurisdiction, or as a ward;[ii]
  • meet one of the five participation conditions*;[iii] and
  • agree to live in a supervised placement that is licensed or approved.[iv]

The youth must also sign a mutual agreement (although not a condition of payment)[v], meet with his/her social worker or probation officer monthly[vi], and participate in six-month court review hearings.[vii]

Extended Kin-GAP:

  • Youth, regardless of age of entry into Kin-GAP, may continue to receive Kin-GAP up until age 21 if he or she has a physical or mental disability that warrants continuing assistance beyond age 18 and up until 21.[viii]
  • Youth who began to receive the negotiated Kin-GAP payment after they turn 16 are eligible for extended Kin-GAP benefits to age 21, as long as the youth meets one of the participation conditions* and signs a mutual agreement.[ix]
  • Youth who began to receive the negotiated Kin-GAP payment before they turn 16 are eligible for extended Kin-GAP beyond age 18 if they have not yet graduated high school, but are expected to complete high school or an equivalent program before they turn 19. In this case, they can continue to receive Kin-GAP until they graduate or turn 19, whichever happens first.[x] There is one exception to this rule: Youth in a guardianship with a non-related extended family member (see next bullet).
  • Regardless of the age of entry into Kin-GAP, youth in a guardianship with a non-related extended family member (NREFM) are eligible for extended AFDC-FC benefits as a non-related guardian when they turn 18 and up until age 21, as long as the youth meets one of the participation conditions* and signs a mutual agreement.[xi]

Extended AAP:

  • A youth, regardless of age of entry into the Adoptions Assistance Program (AAP), may continue to receive AAP up until age 21 if he or she has a physical or mental disability that warrants continuing assistance beyond age 18 and up until 21.
  • Youth who do not have a physical or mental disability and who began to receive the negotiated AAP payment before turning 16 will receive AAP until age 18.
  • Youth who began to receive the negotiated AAP payment after turning 16 may be eligible for extended AAP benefits beyond age 18, and up until 21, as long as the youth meets one of the participations conditions*. There is no mutual agreement requirement for youth to receive AAP after age 18. [xii]

*The “five participation conditions” referenced above are as follows:

1) The nonminor is completing secondary education or a program leading to an equivalent credential.

2) The nonminor is enrolled in an institution which provides postsecondary or vocational education.

3) The nonminor is participating in a program or activity designed to promote, or remove barriers to employment.

4) The nonminor is employed for at least 80 hours per month.

5) The nonminor is incapable of doing any of the activities described above due to a medical condition.[xiii]

Citations:

[i] Welf. & Inst. Code § 11400(v)

[ii] Welf. & Inst. Code § 11400(v)

[iii] Welf. & Inst. Code § 11403(b)

[iv] Welf. & Inst. Code § 11402

[v] Welf. & Inst. Code §§ 303(d), 11400(u); All County Letter 11‐61

[vi] 42 U.S.C. § 622(b)(17); ACYF-CB-PI-10-11 (p. 11)

[vii] Welf. & Inst. Code §366.3(m)

[viii] Welf. & Inst. Code §§ 11363(c)(2), 11386(g)(2)

[ix] Welf. & Inst. Code §§ 11363(d), 11386(h); All County Letter 11‐86; Senate Bill §1013

[x] Welf. & Inst. Code § 11363(c)(3), 11386(g)(3); All County Letter 11‐15; All County Letter 11‐86

[xi] Welf. & Inst. Code §§ 11391(c), 11405(e)(2)

[xii] Welf. & Inst. Code §§ 16120(d); 16123

[xiii] Welf. & Inst. § 11403(b)

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