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Discontinuance of Adoption Assistance Payments
Once a child is determined eligible to receive AAP, he or she remains eligible and the payment continues, at the same rate, unless one of the following occurs:
- The youth has attained the age of 18 or 21.
- When eligible and participating in extended benefits under the AB 12 program and the adoption SW determine the youth is no longer participating in the AB 12 program. A new AAP 2 is required.
- The adoptive parents are no longer legally responsible for the support of the child. This would apply if parental rights were terminated or the child becomes an emancipated minor, marries or enlists in the military. A new AAP 2 is required.
- The adoption SW determines the adoptive parents are no longer providing support to the child. Support may include any type of financial contributions, maintaining a room for the child, covering the costs for clothing, personal incidentals, tuition, therapy or other expenses related to the child’s care. A new AAP 2 is required.
Note: The determination for the above reasons must be made by the adoption SW. If information regarding possible ineligibility is received by the FC EW it must be forwarded to the Adoption Social Worker for a final determination. The FC EW cannot terminate AAP benefits without the adoption SW or SWS approval unless the youth has reached the age of ineligibility (18 or 21).
It is the adoptive parent/s responsibility to immediately inform the county when any of the following occur:
- Change in mailing address and/or state of residence,
- The child/youth is no longer residing in the family home,
- The adoptive parents are no longer providing any type of support to the child/youth,
- The adoptive parents are no longer legally responsible for the support of the child/youth,
- The youth is no longer participating in the extended benefits program (EFC), and
- The child/youth is placed in foster care.
Adoption Assistance No Longer Requested or Deferred Agreements
Adoptive parents can request benefits to be terminated or deferred at any time during the eligible period. When benefits are deferred they can be reinstated at any time during the benefits eligibility period. If assistance is no longer requested by the adoptive family, the Adoption Social Worker will provide the FC EW with the following copies:
- Payment Instructions Adoption Assistance Program (AAP 2),
- Reassessment Information-Adoption Assistance Program (AAP 3),
- AAP Recertification Face Sheet SCZ 33B (optional).
The FC EW must terminate payments and send the “AAP Notice of Action” form (NA 791). A copy of the NA 791 must be sent to the adoption SW and to RDSS.
Note: The FC EW must confirm Medi-Cal benefits are not requested.
When payments are discontinued because of age or by request, the AAP child or youth must be evaluated for another Medi-Cal program under the SB 87 policy before discontinuing Medi-Cal benefits. For rules regarding the SB 87 policy see SB 87 - Medi-Cal Eligibility Determination Process for Cases Discontinued From Foster Care.
The SB 87 packet must include the Application for Health Insurance (CCFRM 604) and the Medi-Cal Request for Information (MC 355). When the SB 87 packet is returned, the packet is sent to VMC when Medi-Cal is only requested for the child/youth, or the packet is sent to AAC when Medi-Cal are requested for the family.
Because of AAP confidentiality rules, the AAP case cannot be used by district office. Medi-Cal only benefits cannot remain in the adoption CalSAWS case when the adoptive service file or the post-adoption social worker has discontinued services unless the child or youth is still under the Continuous Eligibility Child (CEC) period.
Related Topics
SB 87 - Medi-Cal Eligibility Determination Process for Cases Discontinued From Foster Care