Adoption Fees

0900-511.20 | Revision Date: 07/01/14

Overview

This policy guide provides information on the adoption fees for Agency Adoptions, Independent Adoptions and Stepparent/Surrogate Adoptions, including information on how and when to allow a waiver for or a reduction to adoption fees.

TABLE OF CONTENTS

Policy

Adoption Fees

Agency Adoptions

Independent Adoptions

Stepparent/Surrogate Adoptions

Payment Schedules

Low-Income Limits

Fee Reductions

Fee Adjustments

Procedure

Agency and Independent Adoptions

APRD CSW Responsibilities

APRD SCSW Responsibilities

APRD ARA Responsibilities

Stepparent/Surrogate Adoptions

APRD CSW Responsibilities

APRD SCSW Responsibilities

Approvals

Helpful Links

Attachments

Forms 

Referenced Policy Guides

Statutes

Version Summary

This policy guide was updated from the 12/05/11 version, as part of the Policy Redesign, in accordance with the DCFS Strategic Plan.

POLICY

Adoption Fees

Adoption and Permanency Resources Division (APRD) CSWs are responsible for reviewing prospective adoptive applicant/petitioner’s financial situation to determine if a fee should be charged for the adoption application and assessment process that results in the adoption of a child.

All collected revenues are used to support the County’s adoption program. CSWs should not waive the fee when it can be paid over a time-limited payment basis, or reduced.

If an adoption placement does not result in the finalization of the adoption, all money paid by the applicant/petitioner must be refunded.

Agency Adoptions

The fee for an agency adoption is $500.The fee can be reduced or waived under the following circumstances:

• When applicants are adopting a special needs child who is eligible for AAP payments

• The applicant has been the foster caregiver (i.e. licensed foster parent, relative, or legal guardian) for the child undergoing adoption for at least one (1) year

• When the value of an applicant’s savings or negotiable assets to cover an emergency is less than twice the amount of their gross monthly earnings

• Equity in a home, rental properties, or savings toward a down payment on a home is not considered savings.

If the fee is not waived, the family is expected to pay one-half of the fee at the time the child is placed for adoption (adoption placement papers are signed) and the remainder of the fee prior to filing the final adoptions court report.

The adoption fee is related to the cost of the adoption assessment. A single fee is paid for children adopted under the same petition.

Independent Adoptions

The fee for an independent adoption is $4,500. The independent adoption fee is non-refundable and must be paid at the beginning of the independent adoption process with DCFS. It does not require the filing of a favorable report with the court.

The fee can be reduced under the following circumstances. In no case can the fee be reduced to less than $500:

• When the prospective adoptive parent(s) is at or below the very low-income limits according to the Department of Housing and Community Development, and the required payment would be detrimental to the welfare of the adopted child.

After 50% of the fee is paid, the assessment will be completed within 180 days. After the remaining balance is paid, the Department will submit to the court a full report of the facts disclosed by its inquiry with a recommendation regarding the granting of the petition unless:

• An extension of the time has been granted by the Court

• There is a serious question concerning the suitability of the petitioners, the care provided to the child, or the availability of the consent. 

Stepparent/Surrogate Adoptions

The fee for a stepparent/surrogate adoption is $700. The stepparent/surrogate adoption fee can be deferred, reduced, or waived when:

• The payment could cause economic hardship to the prospective adoptive parent that would be detrimental to the welfare of the adoptive child.

Since the stepparent/surrogate adoption fee is related to the cost of the adoption investigation process, when a companion case is simultaneously filed, only one stepparent/surrogate adoption fee is charged.

Payment Schedules

Low-Income Limits

Fee Reductions

Fee Adjustments

Back to Policy

PROCEDURE

Agency and Independent Adoptions

APRD CSW Responsibilities

1. Upon receipt of a case, ensure that it includes a copy of the DCFS/AI 19, DCFS/AI 11, and DCFS/AI 22.

2. Upon initial contact with the petitioner, inform him/her that California law requires the full payment of the fee prior to the filing of the report.

3. Explain the DCFS/AI 19 to the petitioner.

4. Evaluate the family’s financial resources and obligations.

5. Determine if the fee can be reduced. Use the following questions for guidance:

1. Is the family requesting a reduced fee?

2. Would payment of the fee, in whole, be detrimental to the welfare of the child? (i.e., would the whole fee impact the family’s ability to provide for the child’s basic maintenance and special needs?)

3. Do the family’s basic required expenses exceed their income?

4. Would a payment schedule cause a hardship?

5. Are there stocks, bonds, or other negotiable resources such as savings that are available to the family?

6. Is the family’s situation likely to improve in the near future?

6. If the fee is not being reduced, charge the whole fee. If needed, consider a payment schedule.

• Explain that 50% of the payment must be made to the Department at the time the adoption petition is filed and that payments can be made for a maximum of six (6) months for the remaining 50% of the fee.

7. If the fee needs to be reduced, determine if the family’s total annual income from all sources is above the Very Low-Income limit for their county of residence. 

1. If the family’s income is above the Very Low-Income limit for their County of Residence, charge the full fee. If needed, consider a payment schedule.

2. Refer to the chart in the Policy section for Los Angeles County’s Very Low-Income guidelines.

8. If the family’s total annual income from all sources is not above the Very Low-Income limit for their County of Residence, determine if the family has more than $7,000 in savings/checking accounts, or other financial resources (i.e. stocks, bonds, real estate equity, accounts receivables, life insurance [cash value], and/or other assets/resources).

• If the family has more than $7,000 in savings/checking accounts or other financial resources, charge the full fee.

9. If the family’s total annual income from all sources is not above the Very Low-Income limit for their County of Residence, and the family does not have more than $7,000 in savings/checking accounts, or other financial resources, calculate the percentage of the family’s income that is at or below HUD’s Very Low-Income limit by:

1. Determining the Very Low-Income for the family’s county of residence.

2. Dividing the family’s total annual income by the HUD Very Low-Income limit.

• This will provide the percentage of the family’s income that is below the Very Low-Income limit.

3. Applying the percentage amount to the Fee Reduction Scale to determine the applicable fee reduction amount.

10. If the family is eligible for a reduced fee, complete the DCFS/AI 43.

1. Obtain the parents’ signature on the DCFS/AI 43.

2. Enter the agreed upon amount on the DCFS/AI 43.

11. Instruct the petitioners to complete and sign the DCFS/AI 19.

• Sign and date the DCFS/AI 19.

12. Instruct the petitioner to mail a copy of the signed DCFS/AI 19 along with a check or money order to the Independent and Stepparent Adoption Unit to the CSWs attention.

• The DCFS/AI 19 and check or money order can also be personally collected by the CSW.

13. File a copy of the DCFS/AI 19 in the case record.

14. In cases where payment of the full fee presents a financial hardship that would be detrimental to the child, also submit page 6 of the AD 9, the DCFS/A 33, and the most recent copy of the Form 1040 or equivalent tax report to the SCSW for approval, signature, and submission to the ARA (as needed).

• ARA approval and signature is required in cases where there is a possible dispute regarding the income/saving/earnings of the applicant or an unusual case-specific situation (e.g., earthquake expenditures) or when the fee is reduced or waived for reasons other than stated in this policy or is not computed in accordance with the Independent Adoption Fee Determination Guide and/or Independent Adoption Fee Reduction Schedule. Forward the original copy of the DCFS/AI 19, and the DCFS/AI 43 (if applicable) to the Adoption Assistant to forward to the DCFS Finance Section.

• When payment is received, a receipt will be sent by the DCFS Finance Section to the petitioner.

• The Finance Section will also follow up on fee collection (via reminder letter) and generate monthly reports to the Independent Adoption Unit regarding agreements and fees that have been received.

APRD SCSW Responsibilities

1. If the fee has been reduced, review the DCFS/AI 43, DCFS/AI 19, DCFS/A 33, the AD 9, and the most recent copy of the Form 1040 or equivalent income tax report.

1. If denied, return the packet to the CSW for correction and/or notification to the applicant.

2. If approved, sign the DCFS/AI 43.

• If there is a dispute regarding the income/savings/earnings of the applicant, an unusual case-specific situation, or the fee is reduced for reasons other than stated in this policy, submit the packet to ARA for their review.

APRD ARA Responsibilities

1. If there is a dispute regarding the income/savings/earnings of the applicant, an unusual case-specific situation, or the fee is reduced for reasons other than stated in this policy, review the DCFS/AI 43, DCFS/AI 19, DCFS/A 33, the AD 9, and the most recent copy of the Form 1040 or equivalent income tax report.

1. If denied, return the packet to the SCSW for correction and/or notification to the applicant.

2. If approved, sign the DCFS/AI 43.

Back to Procedure

Stepparent/Surrogate Adoptions

APRD CSW Responsibilities

Prior to Stepparent Adoption case assignment, the Stepparent Adoption Support Services Clerk sends the petitioner an Application for Stepparent Adoption packet, which includes a letter indicating the $700 stepparent adoption fee.

Upon completion of the application packet, Support Services mails a DCFS/A SP 46 to the petitioner and/or their attorney.

1. Before interviewing the petitioner, review the financial information (DCFS/A 118 and/or latest Form 1040 or equivalent income tax statement) to determine the adoption fee.

2. Contact the petitioner to set up an interview appointment.

• Inform the petitioner of the stepparent/surrogate adoption fee and advise them to bring a check or money order payable to “DCFS Cashier” in the amount due to the interview.

3. Evaluate the family’s financial resources and obligations.

4. Determine if the stepparent/surrogate adoption fee can be reduced. Use the following questions for guidance:

1. Is the family requesting a reduced fee or fee waiver?

2. Would payment of the fee, in whole or part, be detrimental to the welfare of the child? (i.e., would the whole fee or part of the fee impact the family’s ability to provide for the child’s basic maintenance and special needs?)

3. Do the family’s basic required expenses exceed their income?

4. Would a payment schedule cause a hardship?

5. Are there stocks, bonds, or other negotiable resources such as savings that are available to the family?

6. Is the family’s situation likely to improve in the near future?

5. If the fee is not being reduced or waived, charge the whole fee. If needed, consider a payment schedule.

6. If the fee needs to be reduced or waived, determine if the family’s annual adjusted gross income is below the median income level for Los Angeles County by reviewing the previous year's tax return to determine adjusted gross income.

• If the family’s income is above the limits for Los Angeles County, charge the full fee. If needed, consider a payment schedule.

7. If the family’s income is not above the limits for Los Angeles County, follow the instructions below:

1. If the family’s annual adjusted gross income is $10,000 or less, and they do not have any other resources (i.e. stocks, bonds, credit union accounts, or other savings), waive the whole fee.

2. If the family has less than two (2) months salary in savings accounts or other financial resources, consider a fee reduction. See the Stepparent/Surrogate Adoption Fee Reduction Schedule attached for guidance.

3. If the family’s annual adjusted gross income is over $10,000 but less than the median income for Los Angeles County, or other unusual financial circumstances exist, reduce the fee to a level that will relieve hardship and detriment to the child, using the Adoption Fee Reduction Schedule.   Also consider a payment schedule to alleviate financial hardship. 

8. If the stepparent/surrogate adoption fee is waived or reduced, complete a DCFS/A SP 12.

1. Enter the fee on the DCFS/A SP 12.

2. Obtain the petitioner’s signature on the DCFS/A SP 12.

9. Submit the DCFS/A 118, DCFS/A 33, the most recent copy of the Form 1040 or equivalent income tax report, and the DCFS/A SP 12 (if applicable) with an explanation as to why payment of the full fee presents a financial hardship that is detrimental to the child to the SCSW.

10. After discussing and determining the stepparent/surrogate adoption fee with the petitioner:

1. Obtain the petitioner’s signature and date on the DCFS/A SP 11.

2. Sign and date the DCFS/A SP 11.

3. Give the pink copy of the DCFS/A SP 11 and the DCFS/A SP 12 (if applicable) to the petitioner.

4. Attach the check or money order to the green copy of the DCFS/A SP 11 and the DCFS/A SP 46 and/or DCFS/A SP 12 (if applicable), and forward the package to the DCFS Finance Section.

• When payment is received, a receipt will be sent by the DCFS Finance Section to the petitioner.

• The Finance Section will also follow up on fee collection (via reminder letter) and generate monthly reports to the Stepparent Adoption Unit regarding agreements, waivers, and fees that have been received.

APRD SCSW Responsibilities

1. When the fee is reduced or waived, review the DCFS/A 118, DCFS/A SP 11, DCFS/A SP12, and/or the most recent Form 1040 or equivalent income tax report.

1. If denied, return the packet to the CSW for correction and/or notification to the petitioner.

2. If approved, sign the DCFS/A SP 12.

Back to Procedure

APPROVALS

SCSW

• DCFS AI 43

• DCFS/A SP 12

ARA

• DCFS AI 43 (if needed)

HELPFUL LINKS

Attachments

Stepparent/Surrogate Adoption Fee Reduction Schedule

Forms

LA Kids

AD 9, Independent Adoption Questionnaire (via link to Available State Forms)

DCFS/A 33, Employment Verification

DCFS/A 118, Current Financial Resources

DCFS/A SP 40, Information Regarding Stepparent and Surrogate Adoption

Hard Copy

DCFS/AI 19, Independent Adoption Fee Agreement

DCFS AI 11, Introductory Letter to Petitioner in Independent Adoptions

DCFS/AI 22, Introductory Letter to Attorney in Independent Adoptions

DCFS/AI 43, Independent Adoption Fee Reduction or Waiver Request

DCFS/A SP 11, Stepparent Adoption Fee Agreement

DCFS/A SP 12, Stepparent Adoption Fee Reduction or Waiver Request

DCFS/A SP 46, Notification of Receipt of Application

Referenced Policy Guides

0200-511.05, Adoption Assistance Program (AAP) Benefits and Medi-Cal Benefits

Statutes

All County Letter 08-45 – Lays out increased fees and related statutory changes in the Independent Adoption Program.

California Family Code Section 8716 – States that when a petition is filed for the adoption of a child who has been placed for adoption by a licensed adoption agency or the department, the agency or department may require the petitioners to pay the agency or the department a fee of $500. The agency or department can defer, waive, or reduce this fee if the payment causes economic hardship to the prospective adoptive parents and would be detrimental to the adopted child’s welfare under specific circumstances.

California Family Code Section 8810 – States that whenever a petition is filed under this chapter for the adoption of a child, the petitioners must pay a nonrefundable fee to the department or the county adoption agency for the cost of investigating the adoption petition.

California Family Code Section 9002 – States that in a stepparent adoption, the prospective adoptive parent is liable for all reasonable costs incurred in connection with the adoption, including, but not limited to costs incurred for the investigation up to a maximum of $700. The court, probation officer, qualified court investigator, or county welfare department can defer, waive, or reduce the fee if the payment causes economic hardship to the prospective adoptive parent and would be detrimental to the adopted child’s welfare.

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