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Court Order Settlements
Mark A. v Gray Davis, Rita Saenz and California Department of Social Services (CDSS)
A court order settlement in the Mark A. v. Gray Davis, Rita Saenz and California Department of Social Services (CDSS) court case was reached, which changes the AAP program as follows:
- Ceases the requirement to use the statewide median income guideline to determine AAP eligibility and payment amounts.
- Ceases the requirement to provide verification of income and expenses as a condition of receiving AAP benefits at the application or recertification process.
- Ceases the requirement to reduce AAP payments without the agreement of the adoptive parents for any reason other than the:
- Child’s ineligibility because of age,
- Parents no longer being legally responsible for, or providing support to the child, or
- AAP payment amount exceeding the amount which would have been paid for the child in a foster family home.
- Ceases the requirement of prospective adoptive families to be informed that eligibility for adoption assistance is based on the income and financial resources of the adoptive parents.
Dolores Yarbrough v. Rita Saenz and California Department of Social Services
A court order settlement in the Dolores Yarbrough v. Rita Saenz (Ventura County Superior Court, Case No. CIV196979) and California Department of Social Services (CDSS) court case was reached, which changes the AAP program as follows:
- SSI must no longer be considered as unearned income for children who are receiving federal Title IV-E AAP benefits.
- Inform families they must report to the SSA any AAP benefits received on behalf of their federally eligible adopted child. The adoption agency must advise adoptive parents that the SSA might deduct the AAP benefit amount from their child’s SSI grant.
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