(a) Adoption Assistance Program (AAP) payments may be made on behalf of an otherwise eligible child for placement in out-of-state residential treatment facility if one or more of the adoptive parents reside in the state in which the residential treatment facility is located and the responsible public agency has confirmed that placement in the an out-of-state residential treatment facility is necessary for the temporary resolution of the mental health, behavioral health, or emotional health needs of the child and related to a condition that existed before the adoptive placement. (b) AAP benefits may be authorized for payment for an eligible childâs placement in an out-of-state residential treatment facility if the responsible public agency has determined that both of the following conditions exist: (1) One or more of the adoptive parents reside in the state in which the residential treatment facility is located. (2) The placement is justified by a specific condition and does not exceed a 12-month cumulative period of time. For the purpose of transitioning the child home, payment at the rate described in subdivision (d) may continue for up to an additional 60 calendar days if the child remains placed at the out-of-state residential treatment facility. (c) The designation of the placement facility shall be made, after consultation with the adoptive family, by the responsible public agency. Placement in an out-of-state residential treatment facility shall only be made as part of a plan for return of the child to the adoptive family and the adoptive parents shall actively participate in the reunification plan. (d) The AAP rate paid on behalf of the child for an out-of-state residential treatment facility shall not exceed the lesser amount of the following: (1) The rate paid for a foster care placement in a short-term residential therapeutic program, as defined in paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code. (2) The rate determined by the ratesetting authority in the state in which the out-of-state residential treatment facility is located. (e) (1) For the purpose of this section, âout-of-state residential treatment facilityâ means a facility that is located in a state outside of California, is licensed and in good standing or otherwise approved and in good standing by the applicable state or tribal authority, is eligible as a Title IV-E funded placement in the state in which it is situated, and provides an integrated program of specialized and intensive care and supervision, services and supports, treatment, and short-term, 24-hour, trauma-informed care and supervision to children. An out-of-state residential treatment facility may be called another name, including a group home, a residential facility, or a residential care treatment facility. An out-of-state residential treatment facility shall have a trauma-informed therapeutic focus to treat a childâs mental health, behavioral health, emotional health, and attachment needs, and shall have a mental health clinic program. (2) For purposes of this section, âout-of-state residential treatment facilityâ shall not include wilderness programs, boot camps, detention facilities, any facility operated primarily for the detention of youth who are involved in the juvenile justice system, academies, or schools, including, but not limited to, boarding schools and military schools. (3) For purposes of this section, âresponsible public agencyâ means the department or county adoption agency responsible for determining a childâs AAP eligibility and initial and subsequent payment amount. (f) (1) Prior to the authorization of AAP benefits in the out-of-state residential treatment facility, the adoptive family shall provide proof of licensing and accreditation to the responsible public agency. The adoptive family shall provide verification that the out-of-state residential treatment facility is all of the following: (A) Licensed or otherwise appr
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