Health Insurance: In California, adopted children who are covered by another insurance plan (including Medi-Cal) are exempt from the pre-existing conditions rules in use by private health insurance companies. This means that your adopted child, if covered by another plan within 30 days of adoption, cannot be denied health insurance because the child has a pre-existing health condition. For more information, see http://www.calpatientguide.org/v.html.
Employment: The federal Family Medical Leave Act and the California Family Rights Act let you take leave (time off) from your job when you adopt a child. You can take up to twelve weeks off in a twelve month period for family leave. You can take this time off for childbirth, adoption, or for placement of a foster child. Your employer must give you at least two weeks of leave. However, your employer can grant less than two weeks leave if you take more than one leave during a calendar year. If you and your domestic partner/spouse work for the same employer, the employer may limit the twelve weeks to cover both you and your domestic partner/spouse. These rules apply to employers who employee over 50 people and to federal/state government employers. For a comparison of the two laws and to see what is covered and what isn't, see http://www.dol.gov/esa/programs/whd/state/fmla/ca.htm.
Education: Sadly, very few children who grow up in foster care attend college. Many foster children (one-half) experience learning challenges. Some resources for parents and students struggling with school issues are below.
Special services for high school students:
Special education attorney and advocacy websites:
The California Department of Education has created a website just for foster parents describing available educational services. Examples include the Chaffee Grant (money for foster children for college/technical schools/career training) and the Foster and Kinship Care Education Program (education programs for foster parents). Effective July 2009, a new federal law entitles a child adopted from foster care after age 13 to apply for financial aid for college without their adoptive parents income being included in calculating their need for financial aid. (Legal reference: Section 604 (a)(2) of Public Law 110-84 amends the definition of an independent student in federal law at 20 U.S.C 1087 vv(d) to include any person who "is an orphan, in foster care, or a ward of the court, at any time when the individual is 13 years of age or older.") This law will help more teens get adopted. Previously, some teens stayed in foster care because adoption would jeopardize their financial aid for college.
