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Extended Adoption Benefits For Non-Minor Former Dependents (NMFD) or After 18 Program
AAP Requirement
AAP youths without a medical (mental or physical) disability where the initial AAP agreement was signed when the youth was 16 years old and will turn 18 years old on or after January 1, 2012 are eligible for extended AAP benefits.
Adoption SW must notify all affected AAP recipients of the youth’s potential eligibility for extended benefits during the adoption finalization process and prior to the youth’s 18th birthday. Adoption SWs must document in the AAP service case file that the youth meets one of the five participation criteria for extended benefits with supporting documentation.
Ineligible Youths
The initial AD 4320 was signed prior to the age of 16 without a documented mental or physical disability.
Note: For more information regarding the EFC Program, refer to Extended Foster Care (EFC) Benefits.
AAP Recipients
The AAP agreements create contractual obligations for the adoptive parents to continue to financially support the adopted youth as a condition of continuing receipt of the benefits. Adoptive parents are responsible for requesting extended benefits prior to the youth’s 18th birthday. They must provide supporting documentation that the youth is meeting one of the five participation criteria. Adoption SWs will determine AAP youth eligibility for extended benefits. All AAP rate negotiations and AAP agreements are to be conducted and signed by adoption SWs and the adoptive parents.
When the AAP youth is eligible for extended AAP benefits, the benefits will not terminate until the age of 21 unless circumstances change and one of the three ways to terminate AAP is met or the youth is eligible for a different negotiated amount between the ages of 18 and 21. Refer to “Discontinuance of Adoption Assistance Payments.
All other regulations specific to AAP, including Fair Hearings procedures, continue to apply.
Non-Minor Dependent (NMD) Adoptions
NMD adoptions allow youth age 18-20 to be adopted in juvenile court while retaining the extension of benefits under the EFC program. Benefits for these youth continue under the NMD adoption program provided they meet the eligibilty requirements outlined in the EFC program. The documentation relating to the NMD’s adoption is retained in the SW/PO file and not required for the FCE file.
Note: Request for NMD adoptions may be initiated through DFCS or JPD, as long as the youth is in the EFC program.
The process may be initiated by the NMD or prospective adoptive parents. No written documents are required and the request can be made verbally or in writing to the SW/PO or youth’s attorney during a court hearing. Upon receipt of the request a SW/PO adoption service case is created. The NMD is advised that any background information or placement history regarding the NMD cannot be shared without the consent of the NMD.
Ineligible Young Adults
In order to be adopted under the NMD adoptions program the youth must meet the criteria for the NMD status outlined in the EFC Program. Non qualifying youth may pursue adoptions, however, only NMD adoptions completed in juvenile court are eligible for AAP benefits.
Documentation
Documents for the NMD adoption program require the same documentation as the with minor adoptions, with the exception of the documentation needed for the SW service file. The NMD adoption participation requirements are kept in the adoption service file. FCE will be provided with the same payment instructions as with minor adoptions.
Medi-Cal Benefits Under The Former Foster Youth (FFY) Medi-Cal Program
NMD adopted youths are eligible for FFY because they were court dependent at age of 18 years old. These youth are therefore eligible for FFY benefits until the age of 26. The only requirement is the adoption SW’s validation the youth was adopted as a NMD. FCE must keep Medi-Cal active under the FFY program until the age of 26 years old.
Note: For more information regarding the FFY program, refer to Medi-Cal Eligibility for Former Foster Youth (FFY) 18 to 26 Years of Age Aid 4M.
Related Topics
Adoption Assistance Program [EAS 35325 - 35352.2]