Adoptive Placements for Dependent Children Legally Free for Adoption

[CCR Section 80007(a)(13)

Dependent children who are legally free for adoption may be placed in an approved prospective adoptive home regardless of whether or not that home is licensed or is an approved foster family home (FFH) or family home of a foster family agency (FFA).

The following conditions apply for dependent children legally free for adoption and who are placed in a prospective adoptive home:

  • Licensure or approval as a FFH is NOT REQUIRED when a child is legally free for adoption. The approved adoption home study and the agency supervising the placement meets this requirement.
  • The adoption agency to whom the child is referred has exclusive, care, custody, and control of the child until the adoption petition is granted. [WIC Section 366.26(j) and Family Code Section 8704]
  • The adoption agency selects suitable adoptive parents for the child from approved applicants.
  • The approval process with adoptive applicants is an acceptable alternative to licensure or approval as an FFH or Foster Family Agency (FFA).

Note: It is the Adoption Social Worker who makes these determinations. The Adoptive Placement Agreement must be signed.

AAP Payments To A Child Who Is Legally Freed For Adoption [WIC 35341(a)(1)]

A child who is legally freed for adoption must have a signed adoptive placement agreement in order to receive AAP benefits. An eligible child must have before or at the time the adoption is finalized and a signed AD 4320 with either of the following:

  • A specified payment amount, or
  • A deferral agreement.

Foster Care Payments To A Child Who Is Legally Freed For Adoption and Resides In A Certified Family Home or FFA 

[WIC 35341(a)(1)]

Once an Adoptive Placement Agreement (AD 907) and the Adoption Assistance Agreement
(AD 4320) is signed, the FFA is no longer eligible to receive Foster Care payments. Thus, the placement is no longer qualified to receive the services provided under the guidance of the FFA.

No agency may use FFA treatment rate or a payment made to a certified home by a FFA on behalf of the child for purposes of calculating the maximum AAP benefits for which the child is eligible.

If the child requires additional services provided by an FFA, the State recommends that the placement continues as FFA placement funded by Foster Care rather than signing the AD 907 and AD 4320 for approval of AAP benefits.

Related Topics

Adoption Assistance Program [EAS 35325 - 35352.2]