Initial Eligibility 447-10-20

(Revised 4/25/17 ML #3502)

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PI 17-23

 

 

Two basic criteria apply when a child enters foster care:

1. The initial court order that authorized the child's removal from the home, contained a judicial determinations to the effect that:
   1. "continuation in the home is contrary to the welfare of the child," and
   2. reasonable efforts were made to prevent the child’s removal from home or reasonable efforts were not required (i.e. aggravated circumstance) to prevent a child’s removal from the home; and
   3. if a sibling group, reasonable efforts were made to place siblings in the same foster care, relative, guardianship, or adoptive placement unless it is determined that such a joint placement would be contrary to the safety or well being of any of the siblings, and the case of siblings removed from their home who are not jointly placed, to provide for frequent visitation or other ongoing interaction between the siblings, unless it is contrary to the safety or well being of any of the siblings.
2. The child met the AFDC relatedness test in the month the court petition to place the child in out of home care was filed. (Effective July 1, 1997, wherever AFDC is mentioned here, it relates to the eligibility rules as of July 16, 1996, pursuant to P.L. 104-193.)

Eligibility staff at the County social service board should follow the steps below in determining the eligibility for a child in foster care:

1. Determine if the child is eligible for Title IV E.
2. If the child is not IV-E eligible, determine if the child is eligible for Emergency Assistance.
3. If the child is not eligible for Emergency Assistance, determine if the child is eligible for Regular Foster Care.