SECTIONS 16170-16177 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 16170-16177

16170. The Legislature finds and declares all of the following:
(a) Finding adoptive families for children, for whom state
assistance is desirable pursuant to Chapter 2.1 (commencing with
Section 16115), and assuring the protection of the interests of the
children affected during the entire assistance period, require
special measures when the adoptive parents move to other states or
are residents of another state.
(b) Provision of medical and other necessary services for
children, with state assistance, encounters special difficulties when
the provision of services takes place in other states.

16171. The purposes of this chapter are to:
(a) Authorize the State Department of Social Services and the
State Department of Health Services to enter into interstate
agreements with agencies of other states for the protection of
children on behalf of whom adoption assistance is being provided by
the State Department of Social Services.
(b) Provide procedures for interstate children's adoption
assistance payments, including medical payments.

16172. As used in this chapter, the following definitions apply,
unless the context clearly indicates otherwise:
(a) "Adoption assistance state" means the state that is signatory
to an adoption assistance agreement in a particular case.
(b) "Residence state" means the state where the child is living.
(c) "State" means a state of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam,
the Commonwealth of the Northern Mariana Islands, or a territory or
possession of or administered by the United States.

16173. The State Department of Social Services and the State
Department of Health Services are authorized to develop, participate
in the development of, negotiate, or enter into one or more
interstate compacts on behalf of this state with other states to
implement one or more of the purposes set forth in this chapter. When
entered into, and for so long as it shall remain in force, a compact
shall have the force and effect of law.

16174. A compact entered into pursuant to the authority conferred
by this chapter shall contain all of the following:
(a) A provision making it available for joinder by all states.
(b) A provision for withdrawal from the compact upon written
notice to the parties, with a period of one year between the date of
the notice and the effective date of the withdrawal.
(c) A requirement that the protections afforded by the compact
continue in force for the duration of the adoption assistance and be
applicable to all children and their adoptive parents who on the
effective date of the withdrawal are receiving adoption assistance
from a party state other than the one in which they are resident and
have their principal place of abode.
(d) A requirement that each instance of adoption assistance to
which the compact applies be covered by an adoption assistance
agreement in writing between the adoptive parents and the state child
welfare agency of the state which undertakes to provide the adoption
assistance, and further, that any such agreement be expressly for
the benefit of the adopted child and enforceable by the adoptive
parents, and the state agency providing the adoption assistance.
(e) Any other provision as may be appropriate to implement the
proper administration of the compact.

16175. A compact entered into pursuant to the authority conferred
by this chapter may contain provisions in addition to those required
pursuant to Section 16174, as follows:
(a) Provisions establishing procedures and entitlement to medical
and other necessary social services for the child in accordance with
applicable laws, even though the child and the adoptive parents are
in a state other than the one responsible for or providing the
services or the funds to defray part or all of the costs thereof.
(b) Any other provision as may be appropriate or incidental to the
proper administration of the compact.

16176. (a) (1) Any child who is a resident of California and who is
the subject of a state-only adoption assistance agreement with
another state, shall be eligible to receive Medi-Cal benefits whether
or not there is a cash benefit.
(2) Any child with special needs who is the subject of a
state-only adoption assistance agreement with California shall
continue to be eligible for Medi-Cal benefits if the child is placed
out-of-state or with his or her adoptive family, moves out-of-state,
and the receiving state does not provide Medicaid benefits to the
child.
(b) The departments shall adopt regulations to implement the
provisions of this chapter.

16177. Consistent with federal law, the State Department of Social
Services and the State Department of Health Services, in connection
with the administration of this chapter and any compact pursuant
thereto, shall include in any state plan made pursuant to the
Adoption Assistance and Child Welfare of 1980 (Public Law 96-272),
Titles IV (e) and XIX of the Social Security Act, or any other
applicable federal laws, the provision of adoption assistance and
medical assistance for which the federal government pays some or all
the cost. The departments shall apply for and administer all relevant
federal aid in accordance with law.