Federal/State Participation

Children receiving AAP can receive either Federal or State funded benefits. Currently, county-only funding is unavailable for children or youths who are not eligible for federal or state-funded adoption benefits.

Federal AAP

To receive federal AAP benefits, the child:

Must be eligible for SSI/SSP or
Must have met CalWORKs linkage requirements EAS 45-202.3 at the time of the petition, which led to the court-ordered removal that was filed, and met AFDC deprivation, income, and property requirements at the time of the court order for removal.
Was in federal foster care prior to or at the time of the adoption.
Meets the “Applicable Child” criteria.

Reminder: Effective July 1, 2024, the age requirement for an applicable child will be any age within the Federal Fiscal Year (FFY).

Certification of Federal Eligibility

Certification of Federal Eligibility is as follows:

The Foster Care Eligibility Worker will:
- Provide the child's birth date.
- Complete and sign the “Federal Eligibility Certification for Assistance Program” form (FC 8) and submit it to the EW Supervisor for review. The EWS reviews and verifies the FC 8 has been completed correctly and then returns the form to the FC EW. The FC EW then sends the FC 8 to Imagining and a copy to the Adoption Finalization unit.
- Provide the “Income and Property checklist” (FC 10) when applicable.

Note: When an FFA is involved, a copy of the FC 8 must be sent to the FFA.

The Adoption Social Worker will:
- Provide the “Eligibility Certification Adoption Assistance Program” form (AAP 4, revision date 4/22) with completed page 1 and top portion of page 2, as well as signs and dates as the Authorized Public Adoption Agency.
- Forwards all information mentioned above to the FCE Intake Unit.

Applicable Child

WIC 16120(n)(1), ACLs 18-122, 18-122E, 10-08, ACIN I-30-24

All AAP cases must be reviewed for federal eligibility at intake. In addition to the federal requirements noted above, the “applicable child” is also federally eligible. Effective July 1, 2024, and thereafter, the age requirement for an applicable child will be any age in the Federal Fiscal Year (FFY). The applicable child must meet one of the following three definitions of an applicable child:

The child is any age within the FFY.

Reminder: The FFY is denoted by the year it ends. For example, FFY 19 begins on October 1, 2018, and ends on September 30, 2019.

2. The child has been in foster care under the care of a Title IV-E agency for 60 consecutive months.

3. The child’s sibling is an applicable child and is placed in the same prospective adoptive home of his or
her sibling.

To be eligible for federal funding, the applicable child must also meet one of the four paths to eligibility (at the time of removal):

The child is in the care of a public or private placement agency or Indian Tribal organization and is the subject of either one of the following:
1. An involuntary removal from the home per a judicial determination that continuation in the home would be contrary to the child's welfare.
2. A voluntary placement agreement or voluntary relinquishment.
  1. A Title IV-E foster care payment does not have to be made on behalf of an “applicable child” or
  2. Judicial determination that continuation in the home would be contrary to the child's welfare.
The child has met all medical or disability eligibility requirements for federal Supplemental Security Income (SSI) benefits.
The child was residing in a foster family home or childcare institution with the child’s minor parent.
The child received AAP benefits concerning a prior adoption that dissolved.

Reminder: The FC EWS must review the FC 8 to verify it has been completed correctly before sending the form to the Adoption Finalization Unit.

Safely Surrendered Children

Safely surrendered children may now meet federally eligible criteria. This population will meet the Applicable Child Pathway section on the “Eligibility Certification AAP” form (AAP 4) and the statement: An involuntary removal from the home in accordance with a judicial determination that continuation in the home would be contrary to the welfare of the child.

Non-Federal AAP child

When the child does not meet the federal eligibility requirements, the child may be eligible for Non-Federal funding. The child must be subject to an agency adoption and at the time of the adoptive placement, the child must meet one of the following requirements:

Under the supervision of a county welfare department as the subject of a legal guardianship or juvenile court dependency.
Relinquished to a licensed California private or public adoption agency or another public agency operating a Title IV-E program on behalf of the state and would have otherwise been at risk of dependency as certified by the DFCS.
Committed to the care of the department or county adoption agency.

Differences Between the Non-Applicable and Applicable Child

Major differences between the non-applicable and applicable child categorical eligibility criteria are as follows:

Applicable child cases do not need to satisfy AFDC requirements.
An applicable child covered by a voluntary placement agreement or a voluntary relinquishment does not need to have a title IV-E Foster Care payment made under a voluntary placement agreement.
Applicable child cases must meet SSI disability or medical requirements but not the needs-based requirements for SSI.