Overview of CA Child Welfare Adoption Practice

Welcome!!!

Goals of training o Impart the philosophy that all children deserve family connection and permanence. o Discuss that there are several paths to permanency – adoption in just one of the paths. o Exploration of feelings

Learning Objectives Knowledge o Things we want you to know, learn, or acquire Skills o Things we want you to be able to do/ demonstrate Values o Things we want you to feel is important and incorporate in practice

Parking Lot

Social Security Act Child Abuse and Prevention and Treatment Act (CAPTA) Adoptions and Safe Families Act (ASFA) Indian Child Welfare Act (ICWA) Multi-Ethnic Placement Act (MEPA) (Safe & Timely) Interstate Compact on the Placement of Children (ICPC) Adam Walsh Child Safety & Protection New(er) Laws AB Providing Safe, Supportive homes for LGBTQ youth AB458 - The California Foster Care Non-Discrimination Act Federal and State Regulations & other important Codes

Title XXII Regulations – Welfare & Institutions Codes (WIC) – (AAP)

Center for Social Services Research - California

Center for Social Services Research - Add County Name

State and County Adoption Statistics (CSSR) INSTRUCTIONS –Go to –Click on the Foster Care button –Click on the Adoption button –Select C2.1 – Adoption within 24 months (exit cohort) –Select the most recent time period (or another time period) –Click the next button –Click the finish button

AFCARS Staff MUST provide complete, accurate, and timely data in order to avoid federal penalties These items have been problematic in the past: 1.Actions or Conditions Associated with Child’s Removal. 2.Death or Incarceration of Parent(s). 3.Create/Continue a Hearing Date. 4.Hispanic Designation. 5.Case Plan Goals. 6.Financial Aid Documentation/Foster Care Payments. 7.Foster Caretaker/Substitute Care Provider Data. 8.Caretaker Family Structure/Foster Family Structure 9.Caretakers’ Birth Date. 10.Clinically Diagnosed Disability(ies).

Identifying Values Related to Permanency & Adoptions Questions about Permanency –Children are unsuitable for permanency when… –Adopted children and children under guardianship are… –When considering placing a child outside his/her geographic region, I am most concerned about… –When formulating a permanency plan for a teen-ager, adoption is…

Assumptions about Permanency Adoption and guardianship are different from birth families. Adjustment to non-birth parent permanency is a lifelong process. Adopted children and those under guardianship bring genes, birth experience, family ties, and life history to the permanency family. Adoptive/guardianship parents, biological parents, and children share a sense of loss. Permanency is a service on the continuum of protective services to children. All children who are unable to return to their own home should be considered for permanency.

Types of Permanency Options Placement Preferential Order Remain safely in birth home Placement with Relatives or Extended Non- relative (mentor) Foster Family Home Foster Family Agency Home Group Home (institution care) The lowest level of care must used based on the needs of the child. Once a child is placed out of home, we must look toward placing a child in a placement that can offer a permanency plan should reunification not be successful.

Reunification Timelines California Timelines

Benefits to Adoption Connection Information Birth Families Care Not a Threat Know the Outcome Feel more Authentic Healthier Relationships

Caregiver/Child Matching Caretaker Suitability Child Match Characteristics Consideration of Kin

Caregiver/Child Matching Caregiver – Child Matching Successful Characteristics of Adoptive Parents Successful Characteristics of Special needs adoptive families

Home Study Philosophy Shift The SAFE Model –Structured –Analysis –Family –Evaluation ACTIVITY – Python Home Study

7 Core Issues of Adoption Loss, Rejection, Guilt/Shame, Grief, Identity, Intimacy & Relationships, Control/Gains

Psychosocial Model of Adoption Adjustment –Adoption as a Risk Factor 7 Core Issues of Adoption

Attachment/Reaction to Separation and Loss Impact of Abuse and Neglect 7 Core Issues of Adoption

Placement Moves: Impact on Children –Attachment –PTSD –Abuse, Stress & Anger 7 Core Issues of Adoption

The Brain’s Wiring –Impact of Loss and Placement VIDEO: Multiple Transitions 7 Core Issues of Adoption

Full disclosure to all participants –Definition –Entitled parties –What Information should be disclosed? –Parental Relinquishment Disclosure and Confidentiality

Adoptive Placement Completing Adoptive & Placement Forms AD 512 JV285 AD67 AD67A Adopt 310 Adopt 330 Adopt 331 AD 904 AD 904A AD 904B AD 908 AD 908A

Voluntary Relinquishment Definition Parental Advisement

Voluntary Relinquishment Social Worker Assessment Adoption Worker Assessment Assessment for Potential of Reunification

Voluntary Relinquishment Assessment for Potential of Reunification –Egregious Circumstances

Voluntary Relinquishment Permanency Planning Mediation –Most Commonly Asked Questions –Waiver of Reunification

Voluntary Relinquishment Substantial Probability of Return –Definition –Consistent contact and visitation –Significant progress –Capacity and ability to be a safe parent ACTIVITY

Voluntary Relinquishment Firm Timelines

Voluntary Relinquishment Parental Competency

Special Topics Safe Surrender

Transitioning Transition Tools –Photo Album –Family Video –Pre-Placement Calendar –Good-bye Letter –Candle Ceremony –Child’s List

Transitioning Needs and Fears

Transitioning Multiple Purposes of a Lifebook

Transitioning Eco-Map The Cover Story

Transitioning Adoption and Pre-Placement Plan

Interviewing Children Three Aspects of Parenting –Birth Parent –Legal Parent –Parenting Parent

Interviewing Children Talking to Children about their Birth Parents

Interviewing Children Talking to Children about Permanency

Working with Birth Parents Compelling Reasons not to Terminate Parental Rights

Working with Birth Parents Assessment of the Potential for Reunification

Working with Birth Parents Danielle’s Family

Working with Birth Parents What do families expect of the adoption process?

Court Timelines & Adoption ACTIVITY

Court Timelines & Adoption Time to Finalization Reports Adoption Assessment

 Federal subsidies were created by Congress (through Public Law the Adoption Assistance and Child Welfare Act of 1980) to encourage the adoption of special needs children and remove the financial disincentives for families to adopt.  The Legislature intended to benefit children in foster care by providing the security and stability of a permanent home through adoption.  Children may receive a federally funded subsidy under Title IV-E or a state funded subsidy per state guidelines. 49 Adoption Assistance Program

Adoption Assistance Program (AAP): A program of financial and/or medical assistance to facilitate the adoption of children who otherwise would remain in long-term foster care. Responsible Public Agency: The department or public adoption agency responsible for determining AAP eligibility, negotiating initial and subsequent AAP benefits and the reassessment process. County: The income maintenance division in each county welfare department is responsible for federal eligibility determination and the payment of AAP benefits. 50 Definitions

Monthly cash allotment Medical insurance through Title IX (Medicaid/Medi-Cal) Reimbursement of Nonrecurring adoption expenses (up to $400 per child) Payment for an out of home placement AAP continues in a subsequent adoption AAP continues regardless of the adoptive family’s state/country of residence AAP eligible to age 18 or age 21, if eligible 51 Benefits

 Welfare and Institutions Code (W&IC) Sections through  Title 22 CCR Chapter 3: Adoption Program Regulations Subchapter 7: Adoption Assistance Program/AID for the Adoption of Children (AAP/AAC) Sections through Effective 12/10/11 52 References

 ACL (April 23, 2012) Adoption Assistance Program (AAP) Regulations ACL (April 23, 2012)  ACL (May 18, 2012) Adoption Assistance Program (AAP) Forms12-18 (May 18, 2012)  ACL (September 13, 2012) Adoption Assistance Program (AAP) Rates12-45 (September 13, 2012)  ACL (November 30, 2011) Adoption Assistance Program Rates ACL (November 30, 2011)  ACL (August 16, 2012) Aid To Families With Dependent Children-Foster Care (AFDC-FC) California Necessities Index (CNI) Increases And Other Rate Increases; Clarification Of The Continuation Of AFDC-FC Benefits Beyond Age 19 ACL (August 16, 2012) 53 References

 ACL (March 1, 2012) Extension Of Kinship Guardianship Assistance Payment (KIN-GAP) Program Benefits And Adoption Assistance Payments (AAP) To Age 21 ACL (March 1, 2012)  ACL (June 14, 2010) Dual Agency Rates: Answers To Frequently Asked Questions ACL (June 14, 2010)  ACL (March 28, 2008) Dual Agency Care Rates For Children With Developmental Disabilities Who Receive Aid To Families With Dependent Children - Foster Care Or Adoption Assistance Program Benefits08-17 (March 28, 2008)  ACL (December 1, 2008) Instructions Regarding The Supplement To The Rate Paid On Behalf Of A Dual Agency Child 54 References

Adoptive families must submit a completed Request for Adoption Assistance Program Benefit (AAP 1) form to the responsible pubic agency. 55 Request for AAP

I.Three Part Special Needs Determination II.Citizenship III. Paths to Eligibility “Applicable Child” Non “Applicable Child” State Eligibility 56 Eligibility

1.The child cannot or should not be returned to the home of his or her parents. Evidenced by a petition for termination of parental rights, a court order terminating parental rights, signed relinquishment or a tribal customary adoption order. 57 Three Part Special Needs Determination All Three Parts Must be Met for Title IV-E or State Eligibility

2.There exists a specific factor or condition which makes it reasonable to conclude that the child cannot be adopted without providing AAP. Examples: Membership in a sibling group, ethnicity, color, language, age of three years or older or adverse parental background of a medical or behavioral nature. The child has a mental, physical, emotional, developmental or medical disability. 58 Three Part Special Needs Determination

3.A reasonable effort was made to place the child for adoption with appropriate parents without providing AAP unless it is against the best interest of the child. Exceptions: a) existence of significant emotional ties with prospective adoptive parent while in the care of these persons as a foster child; b) adoption by relative 59 Three Part Special Needs Determination

The child is a citizen of the United States or a qualified alien (lawful permanent resident of the U.S.). The child entered the United States on or after August 22, 1996, is placed with an unqualified alien and meets the five year residency requirement. The child is a member of one of the exempted groups (refugees, asylees, aliens whose deportation is withheld, Cuban or Haitian entrants and Amerasians from Vietnam. 60 Citizenship One Factor Must be Met for Title IV-E or State Eligibility

An “applicable child” is a child who:  A child who has been in foster care for at least 60 consecutive months  Is a sibling of an “applicable child,” if both are placed in the same prospective adoptive home.  Meets the applicable age requirement anytime before the end of the FFY 61 “Applicable Child” One Factor Must be Met for Title IV-E Eligibility

62

1.The child is in the care of a public or private child placement agency or Indian tribal organization and is the subject of either one of the following: a)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; b)A voluntary placement agreement or voluntary relinquishment. Note: There does not have to be a Title IV-E foster care maintenance payment made or a judicial determination that continuation in the home would be contrary to the welfare of the child. 63 “Applicable Child” One of the Four Paths Must be Met for Title IV-E Eligibility

2. The child has met all medical or disability eligibility requirements for federal Supplemental Security Income (SSI) benefits. 3. The child was residing in a foster family home or child care institution with the child’s minor parent. 4. The child received AAP with respect to a prior adoption that dissolved. 64 “Applicable Child”

1.At the time the child was removed from the home of the specified relative, the child met the AFDC 1996 eligibility requirements in the home of removal. a)In an involuntary situation, there must be a judicial determination that to remain in the home would be contrary to the child's welfare. There must be a judicial determination in the first court ruling that sanctions (even temporarily) the child’s removal. 65 Non “Applicable Child” One of the Five Paths Must be Met for Title IV-E Eligibility

b.The child was voluntarily relinquished to a licensed public or private adoption agency, or another public agency operating a Title IV-E program on behalf of the state. The following must be obtained within six months of the time the child lived with a specified relative: 1. A petition to the court to remove the child from the home of the specified relative. 2. Judicial determination that remaining in the home would be contrary to the child’s welfare. c.The child was voluntarily placed with a public agency and received one Title IV-E FC payment. 66 Non “Applicable Child”

2.Prior to the adoption finalization, the child meets the eligibility requirements for Supplemental Security Income (SSI) benefits as determined and documented by the federal Social Security Administration (SSA). 3.At least one Title IV-E FC payment was made on behalf of the child’s minor parent. 4.The child received AAP benefits with respect to a prior adoption that dissolved due to the termination of the adoptive parent’s parental rights or death. 5. The child is an Indian child and the subject of a tribal customary adoption order. 67 Non “Applicable Child”

The child is the subject of an agency adoption and at the time of adoptive placement, the child met one of the following requirements: a. Under the supervision of a county welfare department as the subject of a legal guardianship or juvenile court dependency b. 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 responsible public child welfare agency c. Committed to the care of the department or county adoption agency pursuant Family Code Sections 8805 or STATE ELIGIBILTY

Activity 69

1.AAP Basic Rate  Specialized Care Increment, if eligible 2.Dual Agency Care Rate  Supplemental Rate, if eligible 3. Rate Classification Level (RCL)  Out-of –Home Placements  Wraparound 70 AAP Rate Structures

The amount of financial assistance is a negotiated rate based on the child’s needs and the circumstances of the family. Circumstances of the family: the adoptive family’s ability to integrate the child into their lifestyle, standard of living and future plans, and meeting the child’s immediate and future needs. The AAP benefit shall not exceed the rate the child would have received had they remained in foster care. The AAP benefit does not include payment for any specific good or service. 71 AAP Benefit Determination

The amount of the negotiated AAP benefit shall be between zero and the eligible maximum AAP benefit. The use of a means test is prohibited when negotiating an AAP benefit/rate. The reduction of the AAP benefit amount based on any type of income the child receives from a birth parent/relative or adoptive parent is prohibited. Including SSI or survivor’s benefits If the child’s needs require a higher level of care and supervision, they may be eligible to receive a Specialized Care Increment (SCI) plus the age related state-approved foster family home rate. 72 AAP Benefit Determination

A child who is a current consumer of California Regional Center (CRC) may receive the dual agency rate. The CRC must make the determination, the child has a developmental disability that meets the definition of the Lanterman Act and is a consumer of CRC services. If the child leaves the state of California prior to the CRC determining eligibility for services as defined by the Lanterman Act, the child does not meet the definition of a dual agency child and therefore is not eligible for the dual agency rates. 73 AAP Benefit Determination

If all parties agree to the AAP benefit amount proceed with the signing AAP Agreement If there is no agreement, complete an AAP 2 with instructions to send a Notice of Action (NOA) to the adoptive family stating the requested AAP benefit is denied and the reason for the denial. The NOA provides the adoptive family instructions to request a fair hearing. 74 AAP Benefit Negotiation

 The term "nonrecurring adoption expenses" is defined as the reasonable and necessary adoption fees, court costs, attorney fees and other expenses which are directly related to the legal adoption of a child with special needs, and which have not been reimbursed from other sources or funds.  Adoptive parents may be reimbursed for nonrecurring adoption expenses of up to $400 per adoption of a special needs child.  The only eligibility criterion to be applied: the child meets the three part special needs determination and the citizenship requirements. 75 Nonrecurring Adoption Expenses

 If the adoptive parents decline the AAP benefit but wish to utilize Medi-Cal benefits, document the decision and proceed with signing the AAP agreement.  If the adoptive parents decline the AAP benefit including Medi-Cal benefits, document the decision and proceed with signing a deferred AAP agreement. –A deferred AAP Agreement retains a child’s AAP eligibility, if the adoptive parents choose to access and utilize AAP benefits at a later date.  If a deferred AAP Agreement is not signed prior to the adoption finalization, the child will not be able to access AAP benefits in the future, should the need arise. 76 AAP Benefit Negotiation

 The AAP Agreement shall remain in effect regardless of the adoptive family’s state/country of residence. –If a needed service specified on the AAP Agreement is not available in the adoptive parent’s state of residence, the financially responsible county of origin remains financially responsible for the service. Resource: Interstate Compact on Adoption and Medical Assistance (ICAMA) 77 AAP Agreements

 The agreement may be renegotiated at anytime, if there is a change in the child’s needs or the family’s circumstances.  AAP payments may not be adjusted without the concurrence of the adoptive parents.  The AAP basic rate may be automatically increased based on the annual California Necessities Index (CNI) increase should one occur, effective July 1 st of each year. 78 AAP Agreements

 AAP may be extended to age 21: If the child/youth has a physical or mental disability that warrants the continuation of benefits If the initial AAP agreement was signed on or after the child/youth’s 16 th birthday and they meet one of following: 1. Completing a high school or an equivalency program or 2. Enrolled in a post-secondary or vocational school or 3. Participating in a program or activity that promotes or removes barriers to employment or 4. Is employed at least 80 hours per month 79 AAP Agreements

 One of the following must be met to terminate AAP: 1.The child has attained the age of 18 or 21; 2.The adoptive parents are no longer legally responsible for the support of the child. Includes: Termination of parental rights, child becomes an emancipated minor, marries or enlists in the military; 3.The responsible public agency determines the adoptive parents are no longer providing any type of support to the child. 80 AAP Agreements

Post Adoption Phases in Post Adoption –Initial Adjustment –Growth/ Time brings change –Crisis

Post Adoption Crisis Periods

Post Adoption Disruption/Dissolutions

Non NMD - Policies and Procedures Eligibility –Age eighteen AND in foster care dependency under the jurisdiction of the juvenile court –Are on probation and under an order for foster care placement at age 18 –Are eligible for either federal or state AFDC-FC –Meet any of the above circumstances and are: In foster care and pregnant and/or parenting In foster care and residing out-of-county or In foster care and residing out-of-state –Are in a Non-relative legal guardianship (NRLG) established through juvenile court and sign a mutual agreement to remain in foster care. –Youth who do not qualify are still able to pursue an adult adoption. However, only NMD adoptions are eligible for AAP benefits.

Non NMD - Policies and Procedures Case Planning –The social worker helping the NMD to identify permanent connections –The social worker facilitating contact between NMD and relative(s) or tribal customary adoptive parent(s) –The social worker documenting the NMDs desire to be adopted by an adult who has been established as a permanent connection

Disclosure DependencyNon-Minor Dependents 1.Full disclosure mandated (Title 22, section (1)(a),(b)). 2.Social worker responsible for collecting and disseminating information. 3.AD 512NMD- Social worker attaches all documents and information provided.AD 512NMD 4.AD513NMD - None in dependency adoption.AD513NMD 1.Full disclosure not mandated (NMD has sole authority). 2.Disclosure of background information is determined by the NMD. 3.Any background information or placement history cannot be shared without the consent of the NMD. 4.Worker is responsible for instructing NMD how to obtain and disclose information. 5.(HO76) AD 512NMD -Worker attaches all information NMD authorizes release of and/or writes “Declined” across any sections NMD declines to share. Worker and NMD acknowledge receipt of information in writing.AD 512NMD 6.(HO 77) AD513NMD - Explains requirements for releasing background information. Requires signatures of NMD, worker and adoptive parent.AD513NMD

Disclosure Practice Considerations –Workers must advise NMDs about the importance of mutually trusting relationships with prospective adoptive parents. –Workers shall explain the role of background information in the negotiation of the AAP benefit amount. –If workers have knowledge of background information that may pose a concern for the adoptive family and the NMD chooses not to disclose, the worker may indicate in their court report that the adoption is not in the best interests of the NMD and the prospective adoptive parents. W&IC (f)(5)(G).

Assessment & Court If the court makes an order of adoption at a hearing, the court will set a hearing within 60 days. –The NMD must consent to the adoption. –A hearing to terminate parental rights is not required. –EXCEPTION. If the NMD is an Indian Child and Tribal Customary Adoption is recommended as the permanent plan, AB1712 authorizes: The permanent plan must follow the process for TCA as outlined in current regulation. NMD adoption does not terminate parental rights. NMD’s who are receiving benefits in the After 18 program are eligible for the Adoption Assistance Program (AAP) until age 21.

Assessment Report Must include a recommendation to the court as to whether adoption is in the best interests of the NMD and prospective adoptive parent(s). The assessment shall focus on the following: –Evaluate the length and nature of the relationship between the NMD and the prospective adoptive parent –Determine whether a permanent connection has been established with the NMD and prospective adoptive parent and whether NMDs needs are being met –Evaluate the ability of the prospective adoptive parent to meet the specific needs of the NMD –The prospective adoptive parent’s motivation to adopt

Assessment & Placement Face-to-face visits are required to complete the assessment. Interviews must be youth focused and conducted individually and conjointly. Online interviews using video chat (Skype) may be used in cased on travel hardship. The NMD does not have to reside with adoptive parents; however they must provide support (emotional and financial). If the NMD has a developmental disability the worker shall involve the regional center caseworker (if applicable) in determining whether adoption is an appropriate plan and the prospective adoptive parents are capable of meeting the needs of the NMD. If a final assessment does not recommend that adoption is in the best interest of the NMD, the prospective adoptive parent and NMD may file a request for a grievance. Prospective adoptive parent(s) will be required to provide criminal history background information. Background clearances are required for authorization of Adoption Assistance Payments (AAP).

Court Reports A Court report must be submitted a minimum of ten (10) calendar days prior to the hearing. The Court Report must have the following completed documents attached: Non-minor Dependent Mutual Disclosure Agreement Form (AD 513NMD)Non-minor Dependent Mutual Disclosure Agreement Form (AD 513NMD) Adoption Assistance Program Agreement (AD 4320) Judicial Council form Agreement of Adoption of Nonminor Dependent (JV-475)Judicial Council form Agreement of Adoption of Nonminor Dependent (JV-475) Judicial Council form Consent of Spouse or Registered Domestic Partner to Adoption of Nonminor Dependent (JV-477) (if applicable)Judicial Council form Consent of Spouse or Registered Domestic Partner to Adoption of Nonminor Dependent (JV-477) (if applicable) Judicial Council form Order of Adoption of Non-minor Dependent (JV- 479) – To be submitted at finalization hearingJudicial Council form Order of Adoption of Non-minor Dependent (JV- 479)

AAP Benefits – Families AAP benefits are available to families who complete a NMD adoption through the juvenile court. A NMD adopted after the age of 18 may be eligible for AAP benefits if: They meet the three parts special needs determination They meet the citizenship requirement They meet one of the Title IV-E (federal) Eligibility Paths The public adoption agency must inform the prospective parent that the following may be available: AAP benefits Reimbursement of non-recurring adoption expenses of up to $400 and/or Potential for a state and federal tax credit (please consult a tax professional)

AAP Benefits – NMD Eligibility The public adoption agency is in charge of determining the NMD’s AAP eligibility. NMD’s must meet one of the five participation criteria for AAP benefits to age 21: Attending/completing high school or an equivalency program Enrolled in post-secondary or vocational school Participating in a program or activity that promotes or removes barriers to employment Employed at least 80 hours per month Is incapable or participating in one through four above due to a documented physical or mental condition.

AAP Forms AAP 7 - Adoption Assistance Program Statement of AcknowledgementAAP 7 AD4320 – Adoption Assistance Program AgreementAD4320 AD907 – Adoption Placement AgreementAD907 STATE ID NUMBER During the review hearing where NMD adoption is ordered as the permanent plan, the adoption agency shall file the following: AD 90 – (Acknowledgment and Confirmation of Child Freeing Documents) AD 90 AD 558 – (Notice of Removal) AD 558 CDSS will issue an AD 4333 to confirm receipt of the documents and will provide the agency with a state case number. If, for any reason the adoption does not finalize, a Notice of Removal (AD580) must be file with CDSS.AD580