Out-of-Home Placements

Out-of-home placements occurs when a child is in out-of-home care to treat a condition that the County (post-adoption SW) determined exists. The placement may be voluntary or involuntary depending on the situation. The County shall conclude that the child would have been placed in the same out-of-home care facility if the child had not been adopted. There must be a plan to return the child to the adoptive family and the adoptive family should actively participate in family reunification. The County must determine if the placement facility is:

Necessary to meet the child’s needs,
Has the appropriate state license,
Able to meet the child’s needs appropriately, and
The appropriate rate classification level to meet the child’s needs.

When a child or youth is in out-of-home placement the county that is financially responsible for making the AAP payment is responsible for the provision of mental health assessments and mental health services.

The adoptive parents may place a child in an out-of-state facility that is not on the CDSS certified list and SSA will still cover the cost of the placement. However, the facility must meet the requirements under the W&IC Section 16121(b). The post-adoption SW must review the standards before approving payments.

Note: When the AAP parents place a child with a relative within or out of the state of California, the benefits will continue to go the adoptive parents. The AAP parents cannot authorize payments to a relative or a person who is not named on the AD 4320.

Voluntary (Out-of-Home) Placements

When the need for an out-of-home placement occurs, the placement is defined as an “episode.” Episodes are restricted to a maximum of 18 months. The cost of the voluntary placement is paid directly to the facility or GH. There is no basic rate paid to the adoptive parent during the period of out-of-home placement. The duration of the episode must be documented on the AAP 2. The adoption SW will provide a new AAP 2 to cover the out-of-home placement. A new AD 4320 is required when the child or youth is placed out-of-home and when the child or youth returns to the adoptive parent’s home.

It is the AAP parents responsibility to pay the GH. Since there is no guarantee the adoptive parent will forward the payment to the GH, it is this Santa Clara County’s policy to issue the benefits directly to the GH.

Upon the child’s return to the adoptive parents’ home, a new AD 4320 must be signed reflecting the AAP benefit amount and a new AAP 2 is provided to the FC EW, not to exceed the state-approved foster family home rate, eligible SCI rate or dual agency rate and any applicable supplemental rates.

Note: Voluntary placements must be reassessed when the youth turns 18 during the out-of-placement episode. A new episode can be approved before current the episode has expired.

In-State Voluntary Placements

In-State voluntary placements made by adoptive parents must be approved by the post-adoption SWS. The following applies:

The DFCS post-adoption SWS must approve the placement prior to the child being placed by the adoptive parents.
The payment amount available is the state-approved foster care facility rate for which the child is eligible and cannot maximum amount equal to RCL level 14.

Out-of-State Voluntary Placements

Out-of-State voluntary placements requested by adoptive parents must be approved by the county prior to the child being placed. The following applies to out-state placements where the adoptive parents no longer live in California:

The DFCS post-adoption SWS must approve the placement prior to the child being placed.
The out-of-state facility or home must meet the same licensing standards as an in-state facility.
The out-of-state rate must be verified by the state.
The maximum payment amount available is the California RCL level 14.

Required Forms

The FC EW must obtain the following forms from the adoption SW for the out-of-state placement when not placed with the ICAMA process:

“Payment Instructions Adoption Assistance Program” (AAP 2) with the duration of the episode.
“Reassessment Information-Adoption Assistance Program” (AAP 3)
- Note: For ICAMA placements, refer to Interstate Compact on Adoption and Medical Assistance (ICAMA).

Placement Requirements

DFCS verifies that a child placed out of the State of California must be in either of the following:

The approved home of a relative, or
A family home licensed by State’s appropriate community care licensing agency,
An appropriately licensed child care facility, or
A certified out-of-state group home approved by the California Interstate Compact Administrator.
The proposed placement must meet all of the receiving State’s laws and requirements.

Note: If the child or youth is placed with a relative, the AAP benefits may still go directly to the adoptive parents. The post-adoption SW must approve discontinuance of AAP benefits.

Involuntary Placements

In an Involuntary Placement situation (the child/youth become court dependent under DFCS or JPD), the child has been removed from the AAP parent’s home. The AAP parent is still entitled to receive the basic AAP rate for the child. The basic rate is intended to be for the AAP parent(s) to maintain a bed or bedroom for the child, transportation to see the child, and any incidentals the child may need while in the group home, etc. The new placement of the child is paid out of a Foster Care case. When the AAP case remains open and benefits are continued a referral to the DCSS is necessary on the Foster Care case.

In the case of Ward’s (602’s/450’s), if an out-of-home placement is paid by another agency, the maximum AAP benefits must be either:

The age-related, State-approved basic foster family home care rate, or
The adoptive parent’s actual share of cost for support of the child, whichever is greater, but not to exceed the foster family home rate the child would have received.

The adoptive parent(s) may continue to receive AAP benefit whether or not they are participating in family reunification services. However, the county may collect child support payments from the adoptive parent but only up to the amount of AAP benefits paid to the adoptive parents.

Note: Agency approval and oversight of AAP benefits is not required nor may the county request a list of expenditures or an accounting of how the AAP benefits are used to meet the child’s/youth’s needs.

CalSAWS and Out-of-Home Placements

The FC EW must verify the GH or facility is listed in the CalSAWS Resource Databank. This is a requirement from the Fiscal Department to keep track of all facilities that receive payments.

The following procedures must be used when an AAP child is in an out-of-home placement:

Post-AAP SW
1. Forwards an AAP 2 with out-of-home placement to FC Clerical Basket.
FC Clerical
1. IDs the AAP 2.
2. Forwards a copy to the assigned FC EWS.
FC EWS
1. Makes a copy of the AAP 2.
  1. Note: The AAP 2 must have a “Date of Reassessment” which will indicate the last date of payment to the facility. When that date is not present it must be returned to the post-Adoption Unit and corrected before sending it to the FC EW.
FC EW
1. Reviews the request to be certain it does not exceed 18 months.
2. Checks CalSAWS to ensure the provider has been added to the Resource Data Bank (RDB).
3. If the Provider does not exist in the RDB, then sends an email to “FC Providers” in-box to add the provider.
4. Completes the Authorized Representative Detail page, with the Type: "Authorized Representative for Issuances.”
5. Updates the Case Summary Detail selected “Case Payee” and adds an “Effective End Date” as the last day of the previous month. This will avoid sending GH rates to the AAP parents.
6. Updates the AAP page with the Negotiated AAP amount (see CA 309).
  1. Note: When placement has ended, the FC EW must remove the “Effective End Date” from the “Case Payee” so benefits will return to the AAP parents.