Reimbursement of Nonrecurring Adoption Expenses

0900-517.10 | Revision Date: 07/01/14

Overview

This policy guide provides information on reimbursement for nonrecurring adoption expenses, including information on children who are out-of-state or out-of-county.

TABLE OF CONTENTS

Policy

Nonrecurring Adoption Expenses

Procedure

Reimbursement Process

APRD CSW Responsibilities

APRD SCSW Responsibilities

APRD ARA Responsibilities

Out-of-State/Out-of-County Placements

APRD CSW Responsibilities

Approvals

Helpful Links

Forms 

Referenced Policy Guides

Statutes

Version Summary

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

POLICY

Nonrecurring Adoption Expenses

Nonrecurring adoption expenses include the reasonable and necessary adoption fees, court costs, attorney fees, and other expenses directly related to the legal adoption of a child with special needs, per WIC 16120.1. These expenses cannot be incurred in violation of State or Federal law, and cannot be concurrently reimbursed from other sources or funds.

Other expenses directly related to the legal adoption of a child with special needs include the costs of adoption incurred by, or on behalf of, the parents and for which parents carry the ultimate liability for payment. These costs may include:

• The adoption study (including health and psychological examinations)

• Supervision of the placement prior to adoption

• Transportation

• Reasonable costs of lodging and food for the child and/or adoptive parents needed to complete the placement or adoption process.

DCFS, the county adoption agency, or the licensed adoption agency must provide the prospective adoptive family notice, in writing, that reimbursement for nonrecurring expenses incurred in the adoption of an Adoption Assistance Program (AAP) eligible child is available. This is done through the AAP 8, Adoption Assistance Program Nonrecurring Adoption Expenses Agreement which is kept in the case file.

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PROCEDURE

Reimbursement Process

APRD CSW Responsibilities

1. During the initial phase of the home study, talk to the potential adoptive parents of special needs children about the availability of reimbursement for nonrecurring adoption expenses.

2. During the adoptive placement, explain the AAP 8, Adoption Assistance Program Nonrecurring Adoption Expenses Agreement to the adoptive parents.

3. Obtain the adoptive parents’ signature on two (2) copies of the AAP 8, and ensure that the second box is marked, acknowledging that he or she has been advised that reimbursement is available for nonrecurring adoption expenses.

1. If the date of finalization is still unknown, write “pending” on the “date of finalization” line.

2. File the original AAP 8 in the case record and give the copy to the adoptive parent.

4. Remind the adoptive parent that he/she will receive another AAP 8 after the adoption is finalized and will need to return it with supporting documentation to request reimbursement.

1. Even if the parent is not claiming reimbursement, advise them to return the AAP 8 to acknowledge that they were informed that they have two (2) years from the date of finalization to file for reimbursement.

5. Inform the adoptive parent that he/she must save all receipts and supporting documentation in order to claim for reimbursement.

6. Document all contacts in the child’s Contact Notebook.

7. Upon receipt of the DCFS/A 219 and AAP 8 from the Unit Clerk or Adoption Assistant (AA):

1. Verify that the adoption is finalized and that the adoption decree is granted.

2. Review the DCFS/A 219 for accuracy and complete the enclosed checklist.

3. Confirm that the supporting documentation for all expenses claimed is provided and appropriate.

1. If the supporting documentation is incomplete, contact the family to obtain the missing documentation (an affidavit can be used if receipts or other supporting documentation is unavailable).

4. If everything is correct, sign and date the DCFS/A 219.

8. At the end of the reimbursement process, and upon obtaining the AAP 8 and copies of documents from the SCSW, file them in the case record.

9. If the amount of the claim is supported by documentation and does not exceed $400, submit the DCFS/A 219 and the supporting documentation to the SCSW for review.

10. If the claim is denied or reduced:

1. Complete a NA 791.

2. Forward the DCFS/A 219, supporting documentation, and the NA 791 to the SCSW for review.

3. Upon receipt of the documents from the SCSW, instruct the Unit Clerk/AA to copy the documents for the case record and mail the original NA 791 to the adoptive parents.

APRD SCSW Responsibilities

1. Review the DCFS/A 219 and any supporting documentation.

1. If complete, sign the DCFS/A 219.

2. If incomplete, return to the CSW for corrective action.

2. Forward the DCFS/A 219 to the ARA for approval.

1. If a claim is denied or reduced and the DCFS/A 219, documentation, and the NA 791 have been received from the CSW:

1. Review the forms and supporting documentation and initial the completed NA 791.

2. Forward the DCFS/A 219, the documentation and the NA 791 to the ARA for review.

APRD ARA Responsibilities

1. Review the DCFS/A 219 and any supporting documentation.

1. If complete, sign the DCFS/A 219.

2. If incomplete, return to the SCSW/CSW for corrective action.

3. If a claim is denied or reduced:

1. Review the DCFS/A 219, the documentation, and the completed NA 791.

2. If the claim is denied, ARA signature is not required. Initial and write “denied” on the DCFS/A 219.

3. If the claim is reduced, initial the NA 791.

4. Return the supporting documents to the SCSW for processing.

2. Forward the DCFS/A 219 and the supporting documentation to the secretary to forward to Finance for processing/payment.

• The secretary will photocopy the documents and forward the copies to the SCSW.

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Out-of-State/Out-of-County Placements

APRD CSW Responsibilities

1. When there is a claim for expenses on an out-of-state placement, the state that entered in to the agreement with the adoptive parents is responsible for payment.

• If there was no agreement for adoption assistance, the adoptive parents should seek reimbursement for the nonrecurring expenses from the state which issued the final adoption decree. Out-of-state placements which do not comply with the Interstate Compact on the Placement of Children (ICPC) are not eligible for reimbursement.

2. When there is a claim for expenses on an out-of-county placement, the county responsible for the child’s Adoption Assistance Program (AAP) is responsible for reimbursing nonrecurring adoption expenses.

• If the adoptive parents have elected not to receive AAP, the county responsible for reimbursement is the county that would otherwise provide the child’s AAP.

3. Process eligible intercounty and interstate claims according to the instructions above.

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APPROVALS

SCSW Approval

• DCFS/A 219

ARA Approval

• DCFS/A 219

HELPFUL LINKS

Forms

LA Kids

AAP 8, Adoption Assistance Program Nonrecurring Adoption Expenses Agreement

DCFS/A 219, Reimbursement of Nonrecurring Adoption Expense Claim Form

Hard Copy

NA 791, Notice of Action

Cover Letter

Referenced Policy Guides

0100-525.10, Interstate Compact on the Placement of Children (ICPC)

Statutes

Community Care Regulations (VVR), Title 22, Adoptions Manual, Section 35000(n)(2) – Defines “Nonrecurring Adoption Expenses” as reasonable and necessary adoption fees that are incurred by adoptive parents which are directly related to the legal adoption of a child with special needs, which are not incurred in violation of State or Federal law, and which have not been reimbursed from other sources or funds.

Welfare and Institutions Code (WIC) Section 16119(a) – States in part that the department, county adoption agency, or the licensed adoption agency must provide the prospective adoptive family with information, in writing, on the availability of reimbursement for nonrecurring expenses incurred in the adoption of the Adoption Assistance Program (AAP) eligible child.

WIC Section 16120 – Sets forth who is eligible for AAP benefits.

WIC Section 16120.1 – Sets forth the guidelines/criteria and eligibility conditions for reimbursement of nonrecurring adoption expenses.

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