16.06.01.425 - TITLE IV-E ELIGIBILITY

16.06.01.425. TITLE IV-E ELIGIBILITY

The state will claim Title IV-E funding for a foster child who meets the following criteria: (3-20-20)T

01. Physical or Constructive Removal of the Child. The child was physic ally or constructively removed from the home: (3-20-20)T

a. Under a voluntary placement agreement; or (3-20-20)T

b. As the result of a judicial determination that: (3-20-20)T

i. Remaining in the home would be contrary to the child's welfare; or (3-20-20)T

ii. Placement in foster care would be in the best interest of the child. (3-20-20)T

c. The determination that a situation is contrary to the child's welfare must be made in the first court ruling that sanctions, even temporarily, the removal of a child from the home. (3-20-20)T

02. Child's Residence. The child has been living in the home of a parent or other relative specified at 45 CFR 233.90(c)(1)(v) either in the month of, or within six (6) months prior to the month: (3-20-20)T

a. Removal court proceedings were initiated; or (3-20-20)T

b. The voluntary placement agreement was signed. (3-20-20)T

03. AFDC Eligibility. The child was AFDC (Aid to Families with Dependent Children) eligible in the removal home during the month of the initiation of court proceedings that initiated the removal or the month the voluntary placement agreement is signed. AFDC eligibility is based upon the standards found in the State's IV-A Plan on July 16, 1996. (3-20-20)T

04. "Removal From" and "Living With" Requirements. The "removal from" (01. of this rule) and "living with" (Subsection 425.02. of this rule) requirements must be satisfied by the same specified relative who meets AFDC eligibility (Subsection 425.03. of this rule). (3-20-20)T

05. Judicial Determination. A judicial determination was obtained regarding reasonable efforts to prevent a child's removal from the home no later than sixty (60) days from the child's foster care entry date. When there is a judicial determination of "aggravated circumstances, " the court order must state that no reasonable efforts to reunify the family are required. (3-20-20)T

06. Agency with Placement Care and Responsibility. The IV-E agency, or another public agency or Tribe that has a plan approved under 42 U.S.C. 671 in accordance with 42 U.S.C. 679c with which the Title IV-E agency has a written agreement in effect, has placement and care responsibility. (3-20-20)T

07. Child in Foster Care or Childcare Institution. The child is in a fully licensed or approved foster family home, or childcare institution. (3-20-20)T

08. Compliance with Safety Requirements. Compliance with the safety requirements was documented for the prospective foster family home or childcare institution. (3-20-20)T

09. Child's Age. The child is under the age of eighteen (18), or up to age nineteen (19) if the youth is a full-time student in a secondary school or its equivalent level of vocational or technical training and is expected to complete the educational program before reaching age nineteen (19). (3-20-20)T

10. Child's Citizenship Status. The child is a US citizen or qualified immigrant under Sections 403, 431, and 432 of the Personal Responsibility Work Opportunity Reconciliation Act ( P.L. 104-193. (3-20-20)T

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