Iv Foster Care Eigility

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Child is in need of substitute care 24 hours per day away from parents or legal guardians

Child’s BASIC Title IV-E Foster Care Eligibility Determination Start to Finish!

LSSA and/or Tribe and/or Court Services is involved

NO

No basic IV-E foster care eligibility

YES

Does LSSA have legal responsibility for the care and placement of the child?

3 Major Factors to Consider: Legal Responsibility AFDC Relatedness One Time Court Approval

YES

NO Does Court Services have legal responsibility with an agreement in place with the LSSA, which states how all IV-E requirements will be met? YES

NO

Was legal responsibility obtained by a court order or a voluntary placement agreement?

If by COURT ORDER

No basic IV-E foster care eligibility, check if child qualifies for medical assistance

If by VOLUNTARY PLACEMENT AGREEMENT (DHS 1776)

Did first court action leading to placement contain a “best interest” or “contrary to the child’s welfare” statement?

Determine if AFDC Relatedness can be established for basic IV-E foster care eligibility

YES Was there a “best interest” statement obtained within 180 days of the placement date?

NO Was there a judicial determination within 60 days of the placement date that the agency made reasonable efforts to prevent placement?

NO

NO

No basic IV-E foster care eligibility, check if child qualifies for medical assistance YES

YES Basic IV-E eligibility can be potentially established for the length of the placement if AFDC Relatedness can be met.

EDTP-IVE-05

© Copyright by the University of Minnesota (2007) Developed by Paula Katzenmeyer, Lynn Olund, Debbie Retterath and Deb Trotter

Basic IV-E eligibility can be potentially established for only the first 180 days of placement if AFDC Relatedness can be met

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DATE: 3/19/01

Page 2

Determine if AFDC Relatedness can be established for basic IV-E foster care eligibility

It is recommended to use the Title IV-E Eligibility Determination Checklist (SSIS 39) to assist in determining the removal home, eligibility month, legal responsibility, and one time court approval requirements: ♦ VPA Eligibility Month is the month a VPA is signed by all parties ♦ Court Ordered Placement Eligibility Month is the month the first petition which led to placement is filed ♦ The Removal Home is the home of the parent/s or guardian from whom legal responsibility was transferred to the agency

In the eligibility month or any of the preceding 6 months, did the child live with the specified relative from whom legal responsibility was transferred? No basic IV-E foster care eligibility, check if child qualifies for medical assistance

NO YES

A IV-E application must be completed by the specified relative, authorized representative, or designated agency personnel based on the eligibility month and removal home to determine AFDC relatedness.

Has the application been provided, including verifications of identity, assets, and income for the removal home family unit?

NO Request verifications YES Did they provide them? YES

Did they ask for help? YES

Did they refuse to comply? YES

Provide Authorization for Release of Information to complete, sign, and return

Can another person act on their behalf?

NO No basic IV-E foster care eligibility, check if child qualifies for medical assistance

Use forms to acquire verifications

Application and all documentation are provided to the Financial Assistance unit for processing

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© Copyright by the University of Minnesota (2007) Developed by Paula Katzenmeyer, Lynn Olund, Debbie Retterath and Deb Trotter

Page 3

Was there an AFDC relatedness basis in the eligibility month for the removal home family unit (including this child), based on AFDC policy and rules effective 07/16/96, and do they meet basic AFDC requirements? ♦ YES

For Detail of AFDC relatedness process, see separate “AFDC Relatedness Flowchart” NO No IV-E foster care eligibility, check if child qualifies for medical assistance

Are the family’s assets under $10,000? (eff. 12/14/99)

YES

NO

Is the family’s income within the AFDC gross and net limit?

No IV-E foster care eligibility, check if child qualifies for medical assistance

YES Child meets Basic Title IV-E Eligibility Criteria

Make appropriate referral for Child Support and/or parental fees per agency policy

Financial worker enters case in Maxis/MMIS

Inform Accounting and Social Service Department of IV-E status including automatic eligibility for medical assistance, and provide documentation to Social Service Department

Maintain IV-E Case Record

© Copyright by the University of Minnesota (2007) Developed by Paula Katzenmeyer, Lynn Olund, Debbie Retterath and Deb Trotter

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