Or. Admin. Code § 413-100-0335 - Title IV-E Adoption Assistance Eligibility Determination
(1) A child is not
eligible for Title IV-E adoption assistance when:
(a) The child is not a citizen or resident of
the United States; and
(b) The
child was adopted outside of the United States or was brought into the United
States for the purpose of being adopted.
(2) A child that meets the special needs
criteria as defined by OAR
413-100-0125 is eligible for
Title IV-E adoption assistance when the requirements of at least one of the
following subsections are met:
(a) In the case
of a child who is not an applicable child, the child is eligible for Title IV-E
adoption assistance when at least one of the following apply:
(A) The child was determined eligible for
Title IV-E foster care, in accordance with the eligibility criteria prescribed
in OAR 413-100-0125 to
413-100-0240.
(B) The child meets all eligibility
requirements for SSI benefits.
(C)
The child's payments in a certified foster home or private child caring agency
are covered by a Title IV-E foster care maintenance payment being made for his
or her minor parent.
(D) The
child's eligibility for a Title IV-E adoption assistance payment was
established for a prior adoption, and the child is now available for adoption
because of one of the following:
(i) The
prior adoption has been dissolved, and the parental rights of the adoptive
parents have been terminated or relinquished; or
(ii) Each adoptive parent of the child has
died.
(b) In
the case of a child who does not meet at least one of the criteria in section
(2) of this rule, who is an applicable child as defined by section (3) of this
rule, the child is eligible for Title IV-E adoption assistance when at least
one of the following apply:
(A) At the time
of initiation of the adoption proceeding, the child was in the care of a public
or licensed private child placement agency or Indian tribal organization
pursuant to:
(i) An involuntary removal in
accordance with a judicial determination that it was contrary to the child's
welfare for the child to remain in the home; or
(ii) A voluntary placement agreement or
voluntary relinquishment.
(B) The child meets all medical and
disability requirements of Title XVI with respect to eligibility for SSI
benefits.
(C) The child was
residing in a family foster home or child care institution with his or her
minor parent and the minor parent was removed from the home pursuant to:
(i) An involuntary removal in accordance with
a judicial determination to the effect that it was contrary to the child's
welfare to remain in the home; or
(ii) A voluntary placement agreement or
voluntary relinquishment.
(D) The child was adopted and was determined
eligible for Title IV-E adoption assistance in a prior adoption and is
available for adoption because of one of the following:
(i) The prior adoption was dissolved and the
parental rights of the adoptive parents have been terminated or relinquished;
or
(ii) The child's adoptive
parents have died.
(3) An "applicable child" as defined in
section 473(e) of the Social Security Act (42 U.S.C.
673) meets at least one of the following
requirements:
(a) The child meets the
applicable age requirements if during the federal fiscal year (FFY) (October 1
through September 30) in which the adoption assistance agreement is finalized,
he or she attains the applicable age, as illustrated by Exhibit 1. The
Department maintains this exhibit on the Department's website. A printed copy
of the exhibit may be obtained by contacting the Department of Human Services,
Office of Child Welfare Programs, ATTN: Federal Policy, Planning and Resources
Program, PO Box E-67, 500 Summer St. NE, E93, Salem, OR 97301;
(b) The child has been in foster care under
the responsibility of the Title IV-E agency for any 60-consecutive-month period
prior to finalization of the adoption; or
(c) The child is a sibling of another child
the Department has determined is an applicable child and both children are
placed in the same adoption arrangement.
(4) To be eligible for an extension of Title
IV-E adoption assistance through age 20, the young adult must meet the
requirements of OAR 413-130-0055.
(5) Private Agency Adoptions. To be eligible
for Title IV-E adoption assistance, a child voluntarily relinquished to a
public or private nonprofit agency must meet the special-needs criteria
described in OAR 413-130-0020 and all the
following requirements:
(a) The child must be
voluntarily relinquished either to the state agency (or another public agency,
including tribes with whom the state has a Title IV-E agreement), or to a
private, nonprofit agency.
(b)
Within six months of the date the child last lived with a specified relative,
the entity to which the child was relinquished must file a petition with the
court to remove the child from the home.
(c) The court must make a subsequent judicial
determination that remaining in the home would be contrary to the child's
welfare.
(d) The child must meet
the Title IV-E AFDC eligibility requirements, as described in OAR
413-100-0150 through
413-100-0170.
(6) Independent Adoptions. To be
eligible for Title IV-E adoption assistance, a child voluntarily relinquished
to an individual must meet the special needs criteria described in OAR
413-130-0020 and meet at least
one of the following requirements:
(a) The
child meets the eligibility criteria for SSI at the time the adoption petition
is filed.
(b) The child is in a
subsequent adoption, and he or she received Title IV-E adoption assistance in a
previous adoption.
(7)
Eligibility for Title IV-E adoption assistance may not be presumed for a child
placed with a guardian who is receiving a guardianship assistance payment
through the Department's Guardianship Assistance program. The Title IV-E
Specialist must complete an adoption assistance eligibility determination on a
form approved by the Department based on the original removal of the
child.
Notes
To view tables referenced in rule text, click here to view rule.
Statutory/Other Authority: ORS 418.005 & ORS 418.330 - 418.340
Statutes/Other Implemented: ORS 418.005 & ORS 418.330 - 418.340
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