Private Adoption Agencies

Although private adoption agencies are licensed by the State of California, they do not have a Title IV-E agreement with the State to operate a Title IV-E program on behalf of the State. This means the agencies are not authorized to act in the same capacity as a public child welfare agency (e.g. SSA) and specifically, are not authorized to seek a contrary to the welfare finding from the juvenile court. Only a Title IV-E agency is authorized to seek such a finding from the juvenile court in an effort to establish AAP eligibility for a dependent child and only the juvenile court has the authority to make such a finding. Since private adoption agencies cannot determine eligibility for or pay APP benefits, these agencies will forward AAP requests to the county with payment responsibility. In Santa Clara County these requests will be funneled through the Post Adoptions Unit in DFCS and then forwarded to FCE.

Children that are relinquished to a private adoption agency and are found eligible for AAP benefits will receive the same AAP benefits as children whose adoptions were county initiated.

The private adoption agency’s primary role as it relates to AAP is:

• To inform prospective adoptive parents of the availability of AAP,
• Assist the prospective adoptive parents with the process to request AAP benefits,
• Assist with the negotiation of benefits, and
• Assist on how to claim reimbursement of nonrecurring adoption expenses.

Request for AAP

To request AAP benefits, it is the prospective adoptive parents responsibility to complete and sign the AAP 1 and attach any documentation to support the request to DFCS.

If the child is relinquished to a private adoption agency and placed with prospective adoptive parents in the State of California, the completed AAP 1 form and any supporting documentation is to be submitted to the responsible public agency representing the prospective adoptive parents’ county of residence.

If the child is relinquished to a private adoption agency and placed with prospective adoptive parents who do not reside in California, the determination of eligibility and the payment of AAP benefits is the responsibility of the prospective adoptive parents’ state of residence. The prospective adoptive parents will need to submit their request for AAP benefits to the appropriate representative in their state of residence.

AAP Eligibility

AAP eligibility for private adoption agencies follows the same process as county adoptions.

DFCS will complete and provide to FCE the FC 8, AAP 4, AAP 6, AD 907 and AAP 8 (if applicable). These forms must be signed by DFCS and not by the private adoption agency. Forms signed by the private adoption agency should be forwarded to the DFCS Post Adoption Unit.

Recertification/Reassessment

Recertification for adoptions via a private adoption agency is the responsibility of FCE and follows AAP RRR process.

Overpayments

Overpayments are processed the same as county initiated adoption cases.

Related Topics

Adoption Assistance Program [EAS 35325 - 35352.2]