Section 16122 - Compensation to private adoption agencies(a) It is the intent of the Legislature in enacting this chapter to support permanency for children and nonminor dependents who need permanent homes through adoption or guardianship. Historically, the adoption of children from foster care has been supported by private adoption agencies pursuant to the Private Agency Adoptions Reimbursement Program. It is the intent of the Legislature to encourage counties and private adoption agencies to continue supporting these children and families both pre- and post-permanency, which supports the counties and state in meeting federal and state-required permanency outcomes for foster children. In light of the enactment and implementation of the 2011 Realignment and the Continuum of Care Reform, it is necessary to change the construction of the Private Agency Adoptions Reimbursement Program in order to allow for local control of the program and ensure the services provided are consistent with the Continuum of Care Reform, and to allow unspent funds to be utilized to support permanency activities undertaken outside of the Private Agency Adoptions Reimbursement Program.(b)(1) As set forth in this section, a county child welfare agency shall compensate private adoption agencies licensed pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code for the costs of supporting families through the process of adopting children or nonminor dependents eligible for the Adoption Assistance Program benefits pursuant to Section 16120.(2) The agencies described in paragraph (1) shall be compensated for adoption services pursuant to this section. One-half of the compensation shall be paid at the time the adoptive placement agreement is signed, unless the adoption agency opts to be paid in full at the time of finalization of the adoption. The remainder shall be paid at the time the adoption petition is granted by the court. Reimbursement procedures shall be established by the department in consultation with the counties and private adoption agencies.(3) This subdivision shall not be construed to authorize reimbursement to private agencies for intercountry adoption services.(c) Effective July 1, 2020, the reimbursement made pursuant to subdivision (b) shall be eight thousand dollars ($8,000) for children adopted from families approved by dually licensed private nonprofit foster family and adoption agencies, and six thousand six hundred dollars ($6,600) for all other children. These rates shall apply to children for whom an adoption placement agreement is signed on or after that effective date. Children for whom an adoption placement agreement was signed prior to that date shall be reimbursed pursuant to the rates in effect prior to July 1, 2020, and those claims shall be paid by the department pursuant to the process in effect at that time under former Section 16122, with the exception that a cost report shall not be required for adoptions in process as of July 1, 2020.(d) To the extent that reimbursements made pursuant to subdivision (b) total less than the amount provided to the county for those services, the county may, at its discretion, utilize unspent funds for additional activities related to permanency, including, but not limited to, pre- and post-permanency support related to the establishment of adoptions and guardianships for foster children. This may include services outlined in guidance from the department issued in All-County Letter 18-142.(e)(1) The department shall work with counties and representatives of adoption agencies to ensure a smooth transition to the new structure under this section, which shall include, but not be limited to, a review of existing guidance and claim forms and instructions and any necessary updates to reflect the new process.(2) The department, counties, and adoption agencies shall develop language for the placement agreement signed between the county and a dually licensed private nonprofit foster family and adoption agency to ensure compensation is made pursuant to this section should the child transition to an adoption with a family who is under the auspices of that agency.(f) This section shall become operative on July 1, 2020.Ca. Welf. and Inst. Code § 16122
Added by Stats 2019 ch 827 (AB 1301),s 3, eff. 1/1/2020.