Adoption assistance helps children get services

Many Californians are confused about the Adoption Assistance Program (AAP). There are special rules for regional center consumers on how much the state will pay non-relative foster care families or adopting families. Even when the foster parents or adopting parents have a right to higher rates, the Department of Social Services (DSS) often pays the regular foster care rate.

Dual agency children

Foster children who are regional center clients are dual agency children. They are eligible for the Alternative Residential Model (ARM) rate, based on Department of Developmental Services (DDS) facility rates. The ARM rate can be much higher than the standard foster care rate.

ARM rates are from level 2 through 4, and 4A through 4I. The more significant the child's problems, the higher the child's rate level. Even after adoption, children are dual agency as long as they are regional center clients.

Regional centers, by law, must give foster and adopting parents an individual rate letter for each child. DSS is supposed to use the rate letter to set the amount of money a foster child or an adopted child will get.

To set the rate, the regional center decides what level of facility the child would have to be in if he were not living with a non-relative foster family or adopting family.

Non-relative guardians

Dual agency children are eligible for the ARM rate when living with a non-relative guardian if the guardian has a license for the number of children in the home. An unlicensed non-relative guardian gets only the basic foster family rate.

Regional center hearing

If the regional center does not write a rate letter, or writes a rate letter that sets the level of care for the child too low, the family can appeal to the regional center (Department of Developmental Services, DDS).

DSS hearing

If the Department of Social Services (DSS) does not tell a foster family about the ARM rate, or gives the family a rate other than that set out in the regional center's rate letter, then a DSS appeal is appropriate.

OCRA helps Nick at hearing

Five-year-old Nick has a diagnosis of autism and mental retardation. He has behaviors such as breaking holes in walls. Nick has lived with his legal guardian since he was an infant. The Department of Children and Family Services took Nick away from his biological mother because of neglect. A dual agency child, Nick gets services from Harbor Regional Center (HRC) and DSS.

HRC's assessment showed that Nick needed a 4D level of care. DSS refused to give Nick the HRC rate, so his foster parents filed for a hearing.

Katie Casada Hornberger, a clients' rights advocate for consumers at HRC, represented Nick. The case settled before hearing, and Nick now gets $1,921 a month more than he got under the regular foster care rate.

Plus, Hornberger negotiated for the rate to be paid retroactively to the date Nick first joined his foster family. The money insures that Nick will get all the services and supports he needs to flourish and overcome his early hardships.

Judge won't cut Angelica's services

Tim Poe is a clients' rights advocate for consumers at North Los Angeles County Regional Center (NLACRC). He got a call from Angelica's adoptive parents asking for help in fighting NLACRC's proposal to reduce Angelica's rate level.

Angelica was 9 years old. Her birth mother had used drugs during pregnancy, and had abused the baby after she was born. Authorities placed Angelica with a couple, who later adopted her.

Should have a high rate level

Based on her disabilities - autism, seizures, hyperactivity, aggressive and defiant behavior, and difficulty with speech and reading - Angelica should get a high rate level, which would mean $4,039 a month in adoption assistance. NLACRC wanted to reduce her rate level to $1,938, which would reflect a major improvement in Angelica's condition. Her parents had seen no improvement at all.

Poe made sure Angelica's mother filed her appeal correctly. Then he helped her choose and assemble documents to use as evidence. He coached her on concepts and strategies to oppose the reduction at a hearing. And she won.

Not enough evidence

The administrative law judge ruled that there was not enough evidence to support the regional center's decision to lower Angelica's level of care. The judge also ordered immediate and ongoing behavioral services for Angelica, and behavioral orientation and training for her parents. He reasoned that, with such training, Angelica's parents could help the behavioral therapists assess her disability and recommend effective therapy.

Are you a foster or adoptive parent?

Does the information in this article apply to you? If so, you should contact PAI or OCRA to discuss the facts of your situation. Either PAI or OCRA can help you make an informed choice about what you should do.

Protection & Advocacy, Inc. (PAI)
800.776.5746

Office of Clients' Rights Advocacy (OCRA)
800.390.7032.