Chapter 2.6 - Interstate Adoption Assistance Agreements

California Welfare and Institutions Code — §§ 16170-16177

Sections (8)

Added by Stats. 1999, Ch. 887, Sec. 9. Effective January 1, 2000.

The Legislature finds and declares all of the following:

(a)Finding adoptive families for children, for whom state assistance is desirable pursuant to Chapter 2.1 (commencing with Section 16115), and assuring the protection of the interests of the children affected during the entire assistance period, require special measures when the adoptive parents move to other states or are residents of another state.

(b)Provision of medical and other necessary services for children, with state assistance, encounters special difficulties when the provision of services takes place in other states.

§ 16171

Added by Stats. 1999, Ch. 887, Sec. 9. Effective January 1, 2000.

The purposes of this chapter are to:

(a)Authorize the State Department of Social Services and the State Department of Health Services to enter into interstate agreements with agencies of other states for the protection of children on behalf of whom adoption assistance is being provided by the State Department of Social Services.

(b)Provide procedures for interstate children’s adoption assistance payments, including medical payments.

§ 16172

Added by Stats. 1999, Ch. 887, Sec. 9. Effective January 1, 2000.

As used in this chapter, the following definitions apply, unless the context clearly indicates otherwise:

(a)“Adoption assistance state” means the state that is signatory to an adoption assistance agreement in a particular case.

(b)“Residence state” means the state where the child is living.

(c)“State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or a territory or possession of or administered by the United States.

§ 16173

Added by Stats. 1999, Ch. 887, Sec. 9. Effective January 1, 2000.

The State Department of Social Services and the State Department of Health Services are authorized to develop, participate in the development of, negotiate, or enter into one or more interstate compacts on behalf of this state with other states to implement one or more of the purposes set forth in this chapter. When entered into, and for so long as it shall remain in force, a compact shall have the force and effect of law.

§ 16174

Added by Stats. 1999, Ch. 887, Sec. 9. Effective January 1, 2000.

A compact entered into pursuant to the authority conferred by this chapter shall contain all of the following:

(a)A provision making it available for joinder by all states.

(b)A provision for withdrawal from the compact upon written notice to the parties, with a period of one year between the date of the notice and the effective date of the withdrawal.

(c)A requirement that the protections afforded by the compact continue in force for the duration of the adoption assistance and be applicable to all children and their adoptive parents who on the effective date of the withdrawal are receiving adoption assistance from a party state other than the one in which they are resident and have their principal place of abode.

(d)A requirement that each instance of adoption assistance to which the compact applies be covered by an adoption assistance agreement in writing between the adoptive parents and the state child welfare agency of the state which undertakes to provide the adoption assistance, and further, that any such agreement be expressly for the benefit of the adopted child and enforceable by the adoptive parents, and the state agency providing the adoption assistance.

(e)Any other provision as may be appropriate to implement the proper administration of the compact.

§ 16175

Added by Stats. 1999, Ch. 887, Sec. 9. Effective January 1, 2000.

A compact entered into pursuant to the authority conferred by this chapter may contain provisions in addition to those required pursuant to Section 16174, as follows:

(a)Provisions establishing procedures and entitlement to medical and other necessary social services for the child in accordance with applicable laws, even though the child and the adoptive parents are in a state other than the one responsible for or providing the services or the funds to defray part or all of the costs thereof.

(b)Any other provision as may be appropriate or incidental to the proper administration of the compact.

§ 16176

Added by Stats. 1999, Ch. 887, Sec. 9. Effective January 1, 2000.

(a)(1) Any child who is a resident of California and who is the subject of a state-only adoption assistance agreement with another state, shall be eligible to receive Medi-Cal benefits whether or not there is a cash benefit.

(2)Any child with special needs who is the subject of a state-only adoption assistance agreement with California shall continue to be eligible for Medi-Cal benefits if the child is placed out-of-state or with his or her adoptive family, moves out-of-state, and the receiving state does not provide Medicaid benefits to the child.

(b)The departments shall adopt regulations to implement the provisions of this chapter.

§ 16177

Added by Stats. 1999, Ch. 887, Sec. 9. Effective January 1, 2000.

Consistent with federal law, the State Department of Social Services and the State Department of Health Services, in connection with the administration of this chapter and any compact pursuant thereto, shall include in any state plan made pursuant to the Adoption Assistance and Child Welfare of 1980 (Public Law 96-272), Titles IV (e) and XIX of the Social Security Act, or any other applicable federal laws, the provision of adoption assistance and medical assistance for which the federal government pays some or all the cost. The departments shall apply for and administer all relevant federal aid in accordance with law.