SECTIONS 16100-16106 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 16100-16106

16100. (a) Any county may apply for, and the department may issue
pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of
the Health and Safety Code to any county agency designated by the
county making the application, a license to perform the home-finding
and placement functions, to investigate, examine, and make reports
upon petitions for adoption filed in the superior court, to act as a
placement agency in the placement of children for adoption, to accept
relinquishments for adoption, and to perform such other functions in
connection with adoption as the department deems necessary, or to do
any of them. Nothing in this section shall be construed to authorize
a licensed county adoption agency, as provided in subdivision (d),
to provide intercountry adoption services.
(b) Notwithstanding any other provision of law, a licensed county
adoption agency may contract for services described in subdivision
(a) from any licensed private adoption agency that the private
adoption agency is licensed to provide pursuant to Chapter 3
(commencing with Section 1500) of Division 2 of the Health and Safety
Code. A licensed county adoption agency may also contract for
services described in subdivision (a) from any out-of-state licensed
public or private adoption agency that is licensed pursuant to the
laws of that state. Any services contracted for shall substantially
meet the standards and criteria established in California adoption
regulations as determined by the licensed county adoption agency.
These services shall be contracted for in order to facilitate
adoptive placement of a specified category of children for whom the
licensed county adoption agency has determined it cannot provide
adequate services.
(c) In order to extend the services of county adoption agencies to
the maximum number of counties practicable within the limits of
funds appropriated therefor, the department may license a county
adoption agency to operate in such other counties in the general area
of the agency as it deems conducive to the effective and efficient
administration of the adoption program.
(d) A license issued to a county agency pursuant to this section
constitutes the holder thereof a "county adoption agency" and the
holder shall be deemed to be an "organization" within the meaning of
this code and of Division 13 (commencing with Section 8500) of the
Family Code.

16101. The cost of administering the adoption programs undertaken
by a county under license issued pursuant to Section 16100 of this
code shall be borne by the state in the amount found necessary by the
department for proper and efficient administration. The state shall
reimburse the county for all such necessary administrative costs,
after deducting therefrom the amount of fees collected by the county
agency pursuant to Section 8716 of the Family Code.

16105. County claims for reimbursement for expenses incurred for
the operation of a county adoption agency shall be filed with the
department at the time and in the manner specified by the department,
and the claims shall be subject to audit by the department. Whenever
a claim covering a prior fiscal year is found to have been in error,
adjustment may be made on a current claim without the necessity of
applying adjustment to the appropriation for the prior fiscal year.
The department shall adopt such rules as may be necessary to
determine the cost of administration and the cost of care of children
relinquished for adoption, and to provide for the presentation,
allowance, and payment of such claims.
If any grants-in-aid are made by the federal government for the
cost of administering an adoption program, or for the cost of care of
children relinquished for adoption, the amount of the federal grant
shall first be applied to defer the cost of administration or of
care, and the remainder of the cost, if any, shall be borne by the
state.

16106. The state shall reimburse each county for the cost of care
of any child placed under the custody of a county department pursuant
to Section 8805 or 8918 of the Family Code. County claims for
reimbursement of expenses incurred pursuant to Section 8805 or 8918
of the Family Code shall be filed with the department at the time and
in the manner specified by the department, and the claims shall be
subject to audit by the department. Whenever a claim covering a prior
fiscal year is found to have been in error, adjustment may be made
on a current claim without the necessity of applying adjustment to
the appropriation for the prior fiscal year.