You are here: California / Welfare and Institutions Code - WIC / CHAPTER 2.1. Aid for Adoption of Children [16115. - 16125.] / Section 16118.

Section 16118. (Amended by Stats. 2009, Ch. 222, Sec. 1.)
Cite as: Cal. Welf. & Inst. Code §16118.

(a)The department shall establish and administer the program to be carried out by the department or the county pursuant to this chapter. The department shall adopt any regulations necessary to carry out the provisions of this chapter.

(b)The department shall keep the records necessary to evaluate the program’s effectiveness in encouraging and promoting the adoption of children eligible for the Adoption Assistance Program.

(c)The department or the county responsible for providing financial aid in the amount determined in Section 16120 shall have responsibility for certifying that the child meets the eligibility criteria and for determining the amount of financial assistance needed by the child and the adopting family.

(d)The department shall actively seek and make maximum use of federal funds that may be available for the purposes of this chapter. In accordance with federal law, any savings in state funds realized from the change in federal funding for adoption assistance resulting from the enactment of Public Law 110-351 shall be spent for the provision of foster care and adoption services. All gifts or grants received from private sources for the purpose of this chapter shall be used to offset public costs incurred under the program established by this chapter.

(e)For purposes of this chapter, the county responsible for determining the child’s Adoption Assistance Program eligibility status and for providing financial aid in the amount determined in Sections 16120 and 16120.1 shall be the county that, at the time of the adoptive placement, would otherwise be responsible for making a payment pursuant to Section 11450 under the CalWORKs program or Section 11461 under the Aid to Families with Dependent Children-Foster Care program if the child were not adopted. When the child has been voluntarily relinquished for adoption prior to a determination of eligibility for this payment, the responsible county shall be the county in which the relinquishing parent resides. The responsible county for all other eligible children shall be the county where the child is physically residing prior to placement with the adoptive family. The responsible county shall certify eligibility on a form prescribed by the department.

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