Finalizing an Adoption

0200-513.01 | Revision Date: 08/20/21

Overview

This policy guide provides information on finalizing an adoption in agency and interagency placements, including what to do when a case is ready for completion and how to close a case after an adoption has been finalized.

TABLE OF CONTENTS

Policy

Finalizing an Adoption

Paperwork

Options for Finalizing an Adoption

Submitting a Case to Completions

Appeals

Procedure

Submitting a Case to Completions – Agency Placements

Adoption CSW Responsibilities

Adoption SCSW Responsibilities

Initiating the Finalization Process – Agency Placements

Adoption CSW Responsibilities

Initiating the Finalization Process – Interagency Placements

Adoption CSW Responsibilities

Adoption SCSW Responsibilities

Closing a Case after the Adoption has Finalized

Adoption Assistant Responsibilities

Adoption CSW Responsibilities

Adoption SCSW Responsibilities

Adoption Unit Clerk Responsibilities

Approvals

Helpful Links

Forms

Referenced Policy Guides

Statutes

Version Summary

This policy guide was updated from the 07/01/14 version to include updated information regarding the Resource Family Support and Permanency Division (RFSPD) Adoption CSW’s responsibility to ensure that an application for Special Immigrant Juvenile Status (SIJS) has been filed with US Citizen and Immigration Services (USCIS) prior to finalizing an adoption. In addition, information was added to provide the prospective adoptive parent with written information regarding the importance of working with mental health providers per WIC 16119 and information regarding Adoption Assistance Payment (AAP) benefits per WIC 16120.

POLICY

Finalizing an Adoption

The adoption finalization process begins during the post-placement supervision period. During this period, the Resource Family Support and Permanency Division (RFSPD) Adoption CSW is responsible for ensuring that the child, prospective adoptive parent(s), and other family members are adjusting after the adoptive placement and are identifying any areas of concern. The Adoption CSW must review/discuss the following with the prospective adoptive parent(s):

• The plan for sibling contact

• Adoption Assistance Program (AAP) benefits

• Information on AAP benefits must be provided in writing and must include an explanation of the differences between AAP benefits and foster care payments, per WIC 16119(a).

• Mental health resources/services through Medi-Cal and other programs

  • Information on mental health providers must be in writing and must include the importance of working with mental health providers that have specialized adoption or permanency clinical training and experience. If the family needs clinical support, and a description of the desirable clinical expertise the family should look for when choosing an adoption- or permanency-competent mental health professional per WIC 16119(a).

• Availability of, and requirements for, reimbursement of non-recurring adoption expenses incurred in the adoption of an AAP-eligible child.

• Availability of Post-Adoption Services

In an Agency Placement, DCFS has custody of the child and approved the applicant assessment. In an Interagency Placement, one agency has custody of the child and another agency approved the applicant assessment.

Paperwork

Preparation of the adoption finalization paperwork will begin once the Adoption CSW has:

• Assessed the prospective adoptive family's readiness to move forward

• Confirmed the prospective adoptive parent(s) and child's willingness to proceed

• Determined that the timing will fulfill the mandatory post-placement supervision and visit requirements.

• If the child meets the reduction in post-placement visit requirements, the mandatory post-placement visit can be conducted the same day as the adoptive placement.

Options for Finalizing an Adoption

There are three (3) ways in which prospective adoptive parent(s) can finalize an adoption:

• In pro per (on their own)

• The prospective adoptive parent(s) attend the adoption hearing on their own without an attorney.

• With a private attorney

• The attorney attends the adoption hearing along with the prospective adoptive parent(s).

• With a pro bono (free of charge) attorney. Prospective Adoptive Parent(s) are assigned a pro-bono attorney from either the Alliance for Children’s Rights or from the Public Counsel Law Center.

• The attorney attends the adoption hearing along with the prospective adoptive parent(s).

The prospective adoptive parent(s) may contact a private attorney, or the assigned pro-bono attorney from either the Alliance for Children's Rights, or the Public Counsel Law Center with questions regarding their determination of the child's best option. It is a conflict of interest for a County employee to recommend an attorney to the prospective adoptive parent.

Submitting a Case to Completions

The DCFS/ A 120, Finalization Checklist should be approved by the Adoption SCSW as soon as possible after the adoptive placement, unless there are reasons why the case cannot be submitted to completions.  DCFS aims to move adoption cases to completions within seven (7) days of the adoptive placement and no later than twenty (20) days after the adoptive placement. The exception is when there are reasons why a case cannot be submitted to completions (e.g. the case is on appeal or six (6) months of post-placement supervision is required, etc.).

When six (6) months of post-placement supervision is required, the case can be submitted to completions after three (3) months. Adoption CSWs must continue to monitor the placement for the remainder of the six (6) months.

Appeals

If there is a pending appeal, of an order to terminate parental rights (TPR) or to place a child in or to remove the child from a caretaker’s home, the case cannot be submitted to completions until the appeal process is completed and a final remittitur is received, indicating that the termination of parental rights (TPR) or placement order is upheld. A case with a pending appeal can only be submitted into completions if ordered by the court.

The Adoption Assistant (AA) checks cases that are submitted to completions and CWS/CMS and contacts the Appellate Clerk to verify that TPR or placement is not on appeal.

• If the case is on appeal, the AA will contact the Adoption SCSW and Adoption CSW notifying them of the pending appeal.

• If the court of appeal upholds/affirms the TPR or placement order, upon receipt of the remittitur, the case can be finalized.

• If the court of appeal overturns the TPR or placement order, finalization cannot proceed, even when remittitur is received. In these cases, the Adoption CSW must consult with the Adoptions County Counsel on how to proceed in these cases.
• If there is an appeal pending on any other issue, CSW must consult with the Adoptions County Counsel on how to proceed.

Back to Policy

PROCEDURE

Submitting a Case to Completions Agency Placements

Adoption CSW Responsibilities

1. When dealing with an undocumented child's legal residency documents, and prior to submitting a case for completion, contact the Regional CSW and/or DCFS Special Immigrant Status Unit to verify that an undocumented child’s legal residency has been established.
   
   A case cannot be submitted to completions without verifying that an undocumented child's legal residency has been established. The Adoption CSW needs to contact the Special Immigrant Status Unit and ensure that an application for Special Immigrant Juvenile Status (SIJS) or any other application for legal status has been submitted to US Citizen and Immigration Services (USCIS) on the child’s behalf and that USCIS has approved the application. If an application has not been filed or approved and the child’s legal residency has not been established:

1. Inform the child's attorney as soon as possible.

2. If the case has been ordered into completion and /or needs to finalize by a certain date, notify the court at the next hearing or as soon as possible that the child's adoption cannot be finalized until SIJS has been filed with USCIS.

2. Inform the family that per WIC § 16120(l) a child must be a citizen or "qualified alien" in order to receive Adoption Assistance Payment (AAP) benefits (qualified aliens are refugees, people granted asylum, permanent residents, etc. Refer to policy 0200-511.05 Adoption Assistance Program (AAP) Benefits and Medi-Cal Benefits for additional criteria.) Therefore, if a SIJS application or other application for legal status is pending and the adoptive parents are interested in AAP, the adoption should not finalize until SIJS/the application for legal status has been decided.
   
3. If the case has been ordered into completion and/or needs to finalize by a certain date, notify the court at the next hearing or as soon as possible that the child's adoption should not finalize because the child will not be eligible for AAP if the adoption finalizes prior to the child establishing citizenship or legal status.
   
3. Complete a typed copy of the DCFS/A 97 for each child and save the document to the disk provided by the Adoption Assistant. Do not include the names or addresses of birth parents or the name the child had before the adoption unless the child is being adopted by relatives and the adopting relative and/or child (twelve (12) years or older) requests this information be included in the court report. Include the following information, to the extent that it is available:

1. Information about the child obtained from the DCFS/A 395, Assessment of Child for Pre-Placement Conference, Presentation, and/or Adoptive Placement, and AD 512, Psychosocial and Medical History of Child.

1. Review the child's Health and Education Notebook for this information.

2. Enter all missing information.

2. Each unavailable document listed on the AD 512 and the reason it is unavailable.
3. Medical and family background information about the birth parents.

• Enter all missing information in the Health and Education Notebook and in the Adoption Information page of the Client Notebook.

4. Information about the prospective adoptive parent(s) obtained from their approved applicant assessment.

1. If a DCFS/A 6, Consent of Spouse, has been signed, discuss the reasons for the waiver and enter this information in the Home Study Notebook.

2. Ensure that all other mandatory and demographic information is entered into the Resource Management Notebook, Placement Home, and Substitute Care Provider sections.

5. Provide a statement about the prospective adoptive parent(s) health and military history in the section that states "Summarize other pertinent information.

• Summarize the information evaluated in the applicant assessment regarding the suitability of the home and the prospective adoptive parent(s) ability to support and care for the child.

6. Make an assessment and conclusions regarding the prospective adoptive parent(s)' ability to provide appropriate parenting and a safe, stable home environment for the child, using the most current criminal record information.

1. If other children living in the home, age fourteen (14) or older, who is residing in the home, has a record of criminal or violent behavior, include an assessment of the prospective adoptive parent(s)' ability to provide a safe environment for the adoptive child.

2. Ensure that the above-stated information is entered in the Resource Management Notebook, Placement Home section. Include the child's name and birth date.

7. Include the following information regarding the Post adoption Contact Agreement, if applicable:

• Was the Agreement signed?

• Was the Agreement in the child's best interest?

• Was the Agreement entered into voluntarily?

• A recommendation as to whether the court should grant the Agreement.

8. If the prospective adoptive parent(s) have given their consent, include the specific provisions the family has made for post-adoptive sibling contact.
9. Provide the date that AAP benefits were discussed and written information was provided to the prospective adoptive parent(s) about the differences between AAP benefits versus foster care/legal guardianship benefits.
10. Review the Client Notebook and the Adoption Placement section.

1. Ensure that all information has been entered.

2. If the adoptive placement has not been entered, contact the Adoption Placement Clerk.

4. If the child's legal residency has been established, prepare the Completions Packet by using the DCFS/A 120, Finalization Checklist, and attach the following documents:

• DCFS/A 195-S, Second Sheet for Approval Letters Adoption Assistance Payment Documents (AAP 1, AAP 2, AAP 4, AAP 6, AAP7, AD 4320, and DCFS/A 23).

• DCFS/A 97, Final Adoption Report (For further instruction, refer to #3 below).

• Post adoption Contact Agreement (if applicable)

• AD 512, Psychosocial and Medical History of Child and attachments (including the DCFS/A 395, Assessment of Child for Pre-Placement Conference, Presentation, and/or Adoptive Placement).

• DCFS/A 137, Request for Reduction in Post-Placement Requirements (if applicable)

• Copy of the child's birth certificate

• AD 907, Adoptive Placement Agreement

• AAP 8 , Adoption Assistance Program Nonrecurring Adoption Expenses Agreement.

• VS 44, Court Report for Adoption, one (1) completed and signed, three (3) blank and signed.

• DCFS/A 6, Consent of Spouse  or a death certificate (if applicable)

• Copies of the marriage certificate and dissolution of marriage (if applicable).

• Criminal record clearances for all persons age fourteen (14) or older, except foster children.

• AD 90/AD 551A

• AD 501, Relinquishment Out-of-County (Birth Mother and/or Presumed Father in California) (if applicable).

• AD 558, Denial of Paternity by Alleged Natural Father – In or Out of California (if applicable).

• AD 4333, Acknowledgment and Confirmation of Receipt of Relinquishment Documents.

• Adoptions Referral Fax

• Copy of relinquishment documents (if applicable)

• Minute order terminating parental rights

• ICWA finding minute order and tribal letters (if applicable)

• JC 2, Request for Termination of Jurisdiction, signed with no date

• AD 42R, Agency Adoption Program – Individual Case Report

• BCII 8302, No Longer Interested Notification

• On the DCFS/ A 120, if the box next to BCII is checked, the AA will forward a copy of the BCII 8302 to the Department of Justice after the adoption is finalized.

• Do not check the box for the AA to send the BCII 8302 if the applicant(s) is being assessed to adopt another child when the present adoption is finalized.

• DCFS/A 119, Attorney Authorization Agreement (if applicable)

• DCFS/A 397, Referral for Pro Bono Attorney

• Remittitur (if applicable)

5. Sign the DCFS/A 120 and submit with all attachments to the Adoption SCSW.

• If the case is on appeal and has been ordered by court to go to completions, attach a copy of the minute order to the front of the completions packet.

Adoption SCSW Responsibilities

1. Review the DCFS/A 120 and all attachments.

1. If approved, sign and forward to the Adoption Assistant (AA) for processing.

• If the case is on appeal, submit completions packet to AA with a cover page securely attached stating "ON APPEAL, NO NOT FINALIZE" in big red letters.

2. If not approved, return to Adoption CSW for corrective action.

Back to Procedure

Initiating the Finalization Process – Agency Placements

Adoption CSW Responsibilities

1. During post-placement visits, review and discuss the following with the prospective adoptive parent(s) and the child:

• The adjustment of the child, adoptive parent, and other family members in the home from the time when the adoptive placement occurred

• The steps in the adoption finalization process

• The plan for sibling contact, if applicable, including:

• Encouraging the prospective adoptive parents to make a plan for facilitating post-adoptive sibling contact

• Exploring options for maintaining contact such as weekly phone calls and monthly visits

• Providing sibling information (do not provide addresses, unless the court has ordered address disclosure)

• Informing the prospective adoptive parent(s) that with their consent, the court may include the specific agreed upon provision for post-adoptive contact in the final adoption order

2. If there are any areas of concern that come up during the discussions, identify the problems and the case plan to resolve those issues.

3. Inform the prospective adoptive parents that they have three (3) options for finalizing their adoption. Depending on the choice they made, explain the following:

4. If the prospective adoptive parent(s) has agreed to a Postadoption Contact Agreement, review the document and determine if it complies with the provisions in Family Code 8616.5.

5. Review the AAP 7, Adoptions Assistance Program State of Acknowledgment, with the prospective adoptive parent(s) and have them sign the form.

6. Review the previously signed AAP 6, Adoption Assistance Program Negotiated Benefit Amount and Approval.

7. Provide the prospective adoptive parent(s) with a list of mental health resources in their area, as applicable

8. Explain to the prospective adoptive parent(s) that for the first six (6) months after the adoption is finalized, you are available to help them establish support systems, access services to cope with child-specific issues, if problems arise, or reassess the need for an increase in the AAP benefit amount, if requested.

9. Explain to the prospective adoptive parent(s) that after the adoption has been final for six (6) months, the Post-Adoption Services Unit is available at (800)735-4954 to help establish support systems, access services to cope with child-specific issues, if problems arise, or reassess the need for an increase in the AAP benefit amount, if requested.

• The Post-Adoption Services Unit can also provide assistance when the adoptive parent(s), adoptee, or birth parents wish to obtain information from the adoptions case record, or when the adult adoptee and the birth parents want to arrange contact.

10. Inform the prospective adoptive parent(s) that reimbursement for nonrecurring adoption expenses up to $400.00 for each child is available to adoptive parents who adopt an AAP-eligible child.

11. Review the nonrecurring adoption expense agreement requirements with the prospective adoptive parent(s).

1. Encourage the prospective adoptive parent(s) to complete and sign two (2) copies of the AAP 8, Adoption Assistance Program Nonrecurring Adoption Expenses Agreement

2. If they have not already done so.

3. Remind them to keep their receipts to submit with their claim after the adoption finalizes.

4. Keep one (1) copy for the case record and leave one (1) copy with the prospective adoptive parent(s).

12. Explain that an action or proceeding of any kind to vacate, set aside, or otherwise nullify an order of adoption on any ground, except fraud, must take place within one (1) year after entry of the order.

• Any action or proceeding of any kind to vacate, set aside, or nullify an order of adoption, based on fraud must take place within three (3) years after entry of the order, or within ninety (90) days of discovery of the fraud, whichever is earlier.

13. In the Adoption Applicant folder:

1. Document that the child and prospective adoptive parent(s) have been assessed as being ready to move forward with the finalization process, and that they have confirmed their willingness to proceed, if applicable.

2. If the adoptive parent(s) indicate that they are willing to proceed with the adoption and the adoptive placement meets the criteria to shorten the length of time for post-placement visits, complete the DCFS/A 137, Request for Reduction in Post-Placement Requirements.

14. Document all contacts in the Contact Notebook.

• Adoptive applicant information should only be recorded in the adoption applicant case file.

• No identifying or personal information should be entered in to CWS/CMS.

Back to Procedure

Initiating the Finalization Process - Interagency Placements

Adoption CSW Responsibilities

1. When dealing with an undocumented child's legal residency documents and prior to submitting a case for completion, contact the Regional CSW and/or DCFS Special Immigrant Status Unit to verify that an undocumented child’s legal residency has been established.
   
   A case cannot be submitted to completions without verifying that an undocumented child's legal residency has been established. The Adoption CSW needs to contact the Special Immigrant Status Unit and ensure that an application for Special Immigrant Juvenile Status (SIJS) or an other application for legal status has been submitted to US Citizen and Immigration Services (USCIS) on the child's behalf and that USCIS has approved the application. If an application has not been filed or approved and the child's legal residency has not been established:
   
   

1. Inform the child's attorney as soon as possible.

2. If the case has been ordered into completions and/or needs to finalize by a certain date, notify the court at the next hearing or as soon as possible that the child's adoption cannot be finalized until SIJS has been established with USCIS.

2. Inform the family that per WIC § 16120(l) a child must be a citizen or "qualified alien" in order to receive Adoption Assistance Payment (AAP) benefits (qualified aliens are refugees, people granted asylum, permanent residents, etc.) Therefore, if a SIJS application or other application for legal status is pending and the adoptive parents are interested in AAP, the adoption should not finalize until SIJS/the application for legal status has been decided.
   
   

2. If the case has been ordered into completion and/or needs to finalize by a certain date, notify the court at the next hearing or as soon as possible that the child's adoption should not finalize because the child will not be eligible for AAP if the adoption finalizes prior to the child establishing citizenship or legal status.
   

 

3. If a dependent child is placed with an applicant approved by an outside public or dually licensed private agency, or if an outside agency has placed a child with an applicant approved by DCFS' Resource Family Support and Permanency Division, meet with the child and prospective adoptive parent(s), and:

1. Follow steps 1-11 in Initiating the Finalization Process - Agency Placements

• If a face-to-face meeting is not possible due to distance, mail a AAP 8, Adoption Assistance Program Nonrecurring Adoption Expenses Agreement, to the family and complete steps 1-11 in Initiating theFinalization Process - Agency Placements over the phone.

2. Ensure that the adoption home study has been created in CWS/CMS and that the status is "approved/available."

4. For children placed by an outside agency with an applicant approved by DCFS' Resource Family Support and Permanency Division, also:

1. Obtain all information about the child, birth parents, and freeing actions from the child's agency worker.

2. Prepare the DCFS/A 97, Final Adoption Report, according to procedural steps in Submitting a Case to Completions – Agency Placements, completing the applicable sections.

5. Upon receipt of the dually licensed private or public agency's part of the DCFS/A 97:

1. Print the document

2. Combine the information from both reports into one (1) report.

3. Include a copy of the agency's emailed report in the completions packet.

6. If the child's legal residency has been established, prepare the Completions Packet by using the DCFS/A 120, Finalization Checklist

1. List the name and addresses of the public or dually licensed private agency and the name of the agency social worker on the DCFS/A 120.

2. Attach the following documents:

• DCFS/A 171, Inter-Agency Adoptive Placement Agreement

• Copy of the child's birth certificate

• AAP 8, Adoption Assistance Program Nonrecurring Adoption Expenses Agreement

• Minute order terminating parental rights

• DCFS/A 97, Final Adoption Report (complete the child and birth parent information as outlined in Submitting a Case to Completions – Agency Placements and then refer to step #2.  The adoption agency that completed the applicant assessment is responsible for completing information about the prospective adoptive parent(s) on the DCFS/A 97. The public or dually licensed private agency worker will also print the name of the agency worker who will sign the report and email the Adoption CSW their completed part of the DCFS/A 97 report.

• AD 4333, Acknowledgment and Confirmation of Receipt of Relinquishment Documents

• Adoptions Referral Fax

• AD 42R, Agency Adoption Program – Individual Case Report

• AAP 1, Request for Adoption Assistance Program Benefits

• AAP 4, Eligibility Certification Adoption Assistance Program

• JC 2, Request for Termination of Jurisdiction

7. Sign the DCFS/A 120 and submit it with all attachments to the Adoption SCSW.

Adoption SCSW Responsibilities

1. Review the DCFS/A 120 and all attachments.

1. If approved, sign and forward to the Adoption Assistant (AA) for processing.

2. If not approved, return to Adoption CSW for corrective action.

Back to Procedure

Closing a Case after the Adoption has Finalized

The following procedures can be designated, as needed, to other Adoption unit members, including the Unit Clerk, Adoption Assistant (AA), and Adoption SCSW on a case-by-case basis.

Adoption Assistant Responsibilities

1. Upon receipt of the adoption order or notification from the Adoption Finalization Liaison that the adoption has been finalized:

1. Email the Adoption SCSW and Adoption CSW, alerting them that the case has been finalized and that the Adoption secondary assignment must be end dated on CWS/CMS within three (3) business days.

2. If jurisdiction is not yet terminated, email the Regional SCSW and Regional CSW requesting they prepare the case for the end date and closure using the following sample text:

• "This electronic notification is being sent to alert you that the case for [Child First Name][Child Last Name], DOB: m/d/yyyy, has had their adoption finalized and is now awaiting the termination of Court jurisdiction. Please prepare the case for end dating and closure over the next 10 days, but do not send the case at this time. A second email will be sent to notify you when court jurisdiction has terminated and to complete the final steps to end date your assignment and for closure by the Adoption CSW."

2. Upon receipt of the minute order reflecting termination of court jurisdiction:

1. No later than three (3) business days, send a second email to the Regional CSW and Regional SCSW, with a carbon copy to the Adoption SCSW and Adoption Unit Clerk, notifying them to assign the case to the Adoption SCSW's in-box.

2. Use the following sample text:

• "This electronic notification is being sent to alert you that the case for [Child First Name][Child Last Name], DOB: m/d/yyyy, has had their Court jurisdiction ended. Please send the physical case to the Resource Family Support and Permanency Division and transfer the primary assigned in CWS/CMS to [Adoption SCSW's] in-box."

3. Forward the minute order terminating court jurisdiction to the Adoption Unit Clerk.

4. Within one (1) business day of notification that court jurisdiction has been terminated, enter all necessary information in to CWS/CMS, including:

• The AD42R field information

• Placement episode termination date

• Freeing action

• Adoptive placement date

• AAP benefit amount

• Finalization date

5. Ensure that there are no future court hearing dates in the Court Hearing Notebook and that the termination of jurisdiction date has been entered.
   
   
6. Review AAP Custodial file for accuracy and completeness of all the required items on the checklist. Folder is to be forwarded to Post Adoption Custodian to review and ensure all documents are included in the file before file is sent to storage.

Adoption CSW Responsibilities

1. End date the case in CWS/CMS.

2. Send it to the Adoption SCSW for approval.

3. Once approved, forward the physical case to the Adoption Unit Clerk.

Adoption SCSW Responsibilities

1. Within three (3) business days of the finalization of the adoption, end date the Adoption CSW secondary assignment.

2. Within two (2) business days of receipt of the physical case from the Continuing Services (CS) worker to the Adoption Unit Clerk, check the child's case on CWS/CMS, and ensure that the Adoption CSW has met all mandatory requirements and cleared all future court dates.

1. If approved:

1. End date all secondary assignments that are Adoptions-specific or related to the Regional CSW.

2. Make the primary assignment to Foster Care Eligibility/Revenue Enhancement.  (If AAP and/or Medi-Cal is not being received for the child, the case can be closed without primary assignment.)

3. End date Foster Care Eligibility/Revenue Enhancement Division secondary assignment.

4. Inform the Adoption Unit Clerk that the physical case is ready for storage.

2. If not approved, change the CWS/CMS End Case Approval Status to "Requires Modification" and return it to the Adoption CSW for corrective action.

Adoption Unit Clerk Responsibilities

1. Upon receipt of the case file from the Regional SCSW, file all necessary documents in the case files.

2. Combine the Adoption case with the Regional case.

3. Once the Adoption SCSW has ended the case, prepare the necessary paperwork to send the case to storage.

Back to Procedure

APPROVALS

SCSW Approval

• Case Closure

• DCFS/A 97

• DCFS/A 120

• DCFS/A 137

• End Date Adoption CSW Secondary Assignment

• JC 2

HELPFUL LINKS

Forms

CWS/CMS

AD 90/551A, Psychosocial and Medical History of Child

AD 42R, Relinquishment Adoption Program – Individual Case Report

AD 907, Adoptive Placement Agreement

AD 4320, Adoption Assistance Program Agreement

LA Kids

AAP 1, Request for Adoption Assistance Program Benefit

AAP 2, Payment Instructions Adoption Assistance Program

AAP 4, Eligibility Certification Adoption Assistance Program

AAP 6, Adoption Assistance Program Negotiated Benefit Amount and Approval

AAP 7, Adoptions Assistance Program Statement of Acknowledgment

AAP 8, Adoption Assistance Program Nonrecurring Adoption Expenses Agreement

AD 42R, Relinquishment Adoption Program – Individual Case Report

DCFS/A 6, Consent of Spouse (also available in Spanish)

DCFS/A 97, Final Adoption Report

DCFS/A 120, Finalization Checklist

DCFS/A 395, Assessment of Child for Pre-Placement Conference, Presentation, and/or Adoptive Placement

DHCS 6172, Health Insurance Premium Payment Application (also available in Spanish)

VS 44, Court Report of Adoption

From the link to State Adoption Forms on LA Kids:

AD 501, Relinquishment Out-of-County (Birth Mother and/or Presumed Father in California)

AD 512, Psychosocial and Medical History of Child

AD 588, Denial of Paternity by Alleged Natural Father – In or Out of California

AD 907, Adoptive Placement Agreement

AD 4320, Adoption Assistance Program Agreement

Hard Copy

AD 42R, Relinquishment Adoption Program – Individual Case Report

AD 4333, Acknowledgment and Confirmation of Receipt of Relinquishment Documents

Adoptions Referral Fax

BCI 8302, No Longer Interested Notification

Birth Certificate for Child

Criminal Record Clearances

DCFS/A 137, Request for Reduction in Post-Placement Requirements

DCFS/A 171, Inter-Agency Adoptive Placement Agreement

DCFS/A 195-S, Second Sheet for Approval Letters

DCFS/A 397, Referral for Pro Bono Attorney

JC 2, Request for Termination of Jurisdiction

Marriage, Divorce, and Death Certificates

Post adoption Contact Agreement

Referenced Policy Guides

0200-509.36, Supervision of Adoptive Placements

0200-510.00, Postadoption Services

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

0900-517.10, Reimbursement of Nonrecurring Adoption Expenses

1200-500.86, Immigration Options for Undocumented Children and Families

Statutes

California Code of Regulations, Title 22, Div 2, Adoptions Manual, Subchapter 5, Section 35184(d)(1)(2) – States that that the agency shall contract with the DOJ for the Subsequent Arrest Notification Service in order to receive arrest information subsequent to the original DOJ criminal record sent to the agency and pending the court order granting the adoption. When the adoption has been finalized, denied, or dismissed, the Bureau of Criminal Identification shall be asked to discontinue sending subsequent arrest information about a subject previously fingerprinted for adoption purposes pursuant to Penal Code Section 11105.2(c). If the applicants are being assessed or investigated for another adoption, the agency shall maintain the Subsequent Arrest Notification Service active.

California Code of Regulations, Title 22, Div 2, Adoptions Manual, Subchapter 5, Section 35197(e)(2) – States that when one agency has custody of the child and another agency completed and approved the assessment of the prospective adoptive parent(s), both agencies share the responsibility of meeting the requirements for completing the adoption. The agency that approved the assessment is responsible for meeting the following requirements:

• Written Application to Adopt, Agency Actions, and Authority for Disapproval

• Information to be Provided to an Applicant

• Written Assessment of the Adoptive Applicant and Documentation and Full Assessment of the Adoptive Applicant, or Abbreviated Assessment of the Adoptive Applicant, Criminal Background Checks of Applicants

• Services Regarding Ethnic and Cultural Differences

• Supervision of the Adoptive Placement

• Termination of the Adoptive Placement

• Completing the Court Report

• Immediate Filing of the Court Report

California Code of Regulations, Title 22, Div 2, Adoptions Manual, Subchapter 5, Section 35211 – States that before submitting a report to the court, the agency shall provide written information about the availability of Adoption Assistance Program (AAP) benefits to the prospective adoptive parents. The agency shall file a report to the court in all cases where the agency has signed an adoptive placement agreement and the prospective adoptive parents have filed an adoption petition. The report to the court shall be submitted as soon as all requirements are completed but no later than either 180 days after the adoption petition has been filed or the time extended by the court. If two or more agencies are participating in a cooperative placement, the prospective adoption family's agency shall be responsible for preparing the report to the court unless the agencies mutually agree otherwise. The agency shall give the petitioners or their attorney a copy of the court report at the time it is filed.  The report to the court shall include, to the extent available, the following information:

• Medical and family background information about the birth parents as required by Section 35195(a).

• Information obtained in the Assessment of the Child as required by Section 35127.1.

• Information obtained in the Assessment of the Applicant as required by Section 35180.

• Conclusions drawn from an assessment of whether the petitioner's record of criminal or violent behavior, if any, will affect his or her ability to provide appropriate parenting and a stable and safe home environment for the child.

Family Code (FAM) Section 8616.5 – Outlines the provisions of a post adoption contact agreement.

FAM Section 8715 – States, in part that in cases in which a licensed adoption agency is a party or joins to an adoption, the department may also submit a report. If a petition for adoption has been filed with a post adoption contact agreement pursuant to section 8616.5, the report must address whether the post adoption contact agreement has been entered in to voluntarily, and whether it is in the best interests of the child.

FAM Section 9102 – States that an action or proceeding of any kind to vacate, set aside, or otherwise nullify an order of adoption on any ground, except fraud, must commence within on (1) year after the entry of the order. In cases of fraud, an action must commence within three (3) years after entry of the order, or within ninety (90) days of discovery of the fraud, whichever is earlier. In any action, the court must first determine whether the facts are legally sufficient to set aside the order. If they are legally sufficient, the court must consider the best interests of the child in conjunction with other factors required by law. If they are not legally sufficient, the petition will be denied. The department is not required to investigate a petition filed pursuant to this section or to represent a child who is the subject of a proceeding under this section.

Welfare and Institutions Code (WIC) Section 16119 – States, in part that at the time of the application for adoption of a child who is potentially eligible for AAP benefits, is made, immediately prior to the finalized of the adoption decree, the department or licensed adoption agency must provide the prospective adoptive family with information, in writing, on the availability of AAP benefits, including an explanation of the difference between these benefits and foster care payments.

Welfare and Institutions Code (WIC) Section 16120 (l) – States, in part that a child is eligible for Adoption Assistance Program benefits if all of the conditions specified in subdivisions (a) to (l), inclusive, are met or if the conditions specified in subdivision (m) are met and defines the conditions under which a child or nonminor shall be eligible for Adoption Assistance Program benefits.

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