Foster Care Eligibility Determination Training System Century College MFWCAA Conference Title IV-E Workshop October 9, 2008 Deborah Trotter NW Region Paula Katzenmeyer SW Region Lynn Olund NE Region Debbie Retterath SE Region

The court determines that it is in the child’s best interest to be removed from the home on Dec 12 th but the child remains in the home under protective supervision. The child is then physically removed on Jan 10 th. NO DEAL: THE PHYSICAL REMOVAL DOES NOT COINCIDE WITH THE BEST INTEREST STATEMENT

A petition is filed on April 10 th. A court hearing is held on April 15 th ordering the parents to undergo counseling. On May 15 th the court orders the child removed from the home. The AFDC eligibility month is May. DEAL: THE PETITION DIDN’T RESULT IN REMOVAL THEREFORE THE COURT HEARING ESTABLISHES THE ELIG MONTH

The parents execute a Voluntary Placement Agreement on July 31 st. The child enters placement on Aug 10 th, at which time the agency signs the VPA. The HCAPP & Title IV-E supplement are completed for the family unit showing that the legal removal home meets AFDC relatedness during the month of July. NO DEAL: THE FINAL SIGNATURE DATE ESTABLISHES THE ELIG MONTH

The IV-E removal home is the home from which the child was physically removed. NO DEAL: IT IS THE HOME FROM WHICH THE CHILD WAS LEGALLY REMOVED

The IV-E removal date and the transfer of legal responsibility date are equal. NO DEAL: THE IV-E REMOVAL DATE IS THE PHYSICAL/CONSTRUCTIVE REMOVAL FROM THE HOME

The transfer of legal responsibility occurs on July 15 th. The child is physically removed & placed in foster care on July 18 th. July 18 th is considered the IV-E removal date. DEAL: IV-E REMOVAL DATE REFERS TO THE PHYSICAL/CONSTRUCTIVE REMOVAL

Johnny is removed from mom. The agency is working on reunifying so the agency recommends, and the court approves, a trial home visit. Johnny goes to his father’s home on a trial home visit on July 15 th. NO DEAL: TRIAL HOME VISITS MUST RETURN THE CHILD TO THE LEGAL REMOVAL HOME

Mary enters foster care when her mother and the agency sign a VPA on July 15 th. A court hearing is then held on Nov 15 th. The court determines that it is in Mary’s best interest to continue in foster care but the court did not determine that the agency made reasonable efforts to prevent this placement. DEAL: REASONABLE EFFORTS TO PREVENT ARE NOT NECESSARY ON A VOLUNTARY PLACEMENT

A CHIPS petition was filed and court hearing held on Nov 10 th but the child remained in the home. A Dec review hearing states that the child will remain in the home, but it is in the child’s best interest to be removed without further court order if certain conditions aren’t met. NO DEAL: THE BEST INTEREST STATEMENT IS OBTAINED WITHOUT A PHYSICAL REMOVAL

July 7 th a CHIPS petition is filed. The court hearing transfers legal responsibility to the LSSA on July 19 th but the child remains in the home on a Trial Home Visit. NO DEAL: THERE IS NO PHYSICAL REMOVAL

A child and their adult parent are living together in a whole family foster care placement. The child is determined IV-E eligible. NO DEAL: CHILDREN MUST BE PLACED AWAY FROM THEIR PARENTS TO BE CONSIDERED IN FOSTER CARE (rules are different for minor parents & their children)

The income maintenance worker determines the removal home meets all of the AFDC Relatedness criteria. The worker researched the AFDC rules in the Combined Manual using the footer month in MAXIS of July DEAL: ALWAYS USE AFDC POLICY AS OF JULY 16, 1996

The 3 deprivation factors used in determining AFDC relatedness are: 1)continued absence 2)unrelated parent 3)unemployed parent NO DEAL: (2) IS INCAPACITATED PARENT

Billy is removed and placed under the legal authority of the tribal social service agency. The tribal social service agency does not have an agreement with the local social service agency but does have a IV-E agreement with the state of Minnesota. DEAL: FOUR TRIBES NOW HAVE AGREEMENTS WITH THE STATE OF MINNESOTA

Jolene was removed by a police hold on Aug 31 st. A hearing was held on Sept 1 st giving legal responsibility to the local social service agency, ordering placement into a family foster home & including all the necessary IV-E language. The IV-E removal date is Aug 31 st and the eligibility month is September. DEAL: PHYSICAL REMOVAL (even by a police hold) ESTABLISHES THE IV-E REMOVAL DATE

Molly is removed by court order on July 20 th. The court order does not make a judicial finding of best interest or contrary to the welfare but the social worker’s report to the court does discuss why it is in Molly’s best interest to be removed. NO DEAL: JUDICIAL DETERMINATION OF BEST INTEREST MUST BE IN THE COURT ORDER.

Tyler is removed by a Voluntary Placement Agreement. The court makes the judicial determination that continuing in this out of home placement is in his best interest on day 185. NO DEAL: THE JUDICIAL DETERMINATION OF BEST INTEREST MUST BE OBTAINED WITHIN 180 DAYS. IV-E ELIGIBILTY MAY EXIST FOR THE FIRST 180 DAYS– PROVIDED ALL OTHER FACTORS ARE MET

Mary is in foster care. She was born on August 28, She is attending high school fulltime and will graduate on May 25, Mary will lose IV-E eligibility as of Aug 31, NO DEAL: IF THE AGENCY RETAINS AUTHORITY, IV-E CAN CONTINUE THRU THE END OF THE GRADUATION MONTH, AS LONG AS IT OCCURS BEFORE THE 19 TH BIRTHDAY.

Sally and Tom share joint legal custody and Sally has physical custody of baby Howie. The agency determines AFDC relatedness using the circumstances of Sally’s home in the eligibility month. DEAL: SALLY IS THE LEGAL REMOVAL HOME

A CHIPS petition was filed & hearing held on May 15 th,2007 & Marvin was removed from the legal responsibility of his parents but he had been living with his older brother since Nov 10 th, The agency determined AFDC Relatedness using the parents as the removal home. DEAL: THE LOOK BACK PERIOD IS THE ELIG MONTH PLUS 6 MONTHS PRIOR

The income maintenance worker closed Title IV-E as of Jan 31 st due to failure to obtain a judicial determination of reasonable efforts to finalize permanency within 60 days of the transfer of legal responsibility. NO DEAL: CASES WITHOUT RE TO PREVENT SHOULD BE DENIED. CASES WITHOUT A TIMELY RE TO FINALIZE PERMANENCY LOSE MAINTENANCE REIMBURSEMENT UNTIL THE FIRST OF THE MONTH IT IS OBTAINED

Betty Boop was picked up and placed into foster care at a court hearing that transfers legal responsibility to the agency and determines that removal is in the child's best interest on Aug 31 st. The CHIPS petition was filed on Sept 3 rd. The agency has the legal removal home complete the HCAPP & Title IV-E supplement to the HCAPP using the household circumstances during the month of September. NO DEAL: THE COURT HEARING ESTABLISHES THE ELIG MONTH SINCE THE PETITION WAS FILED AFTER THE REMOVAL

Elvis was placed into foster care (under the authority of the LSSA) at a court hearing on Jan 10 th. On Jan 25 th the court determines that Elvis is adjudicated as a child in need of protection. The agency determines that the entered foster care date is Jan 25 th. DEAL: USE THE EARLIER OF “CHIPS ADJUDICATION OR IV-E REMOVAL + 60 DAYS”

A petition is filed on April 19 th, but no physical removal takes place and Anne remains in the home. An amended petition is filed on May 31 st, a court hearing is held on June 2 nd & Anne is ordered into foster care. All the necessary Title IV-E language is addressed in this court order. The AFDC Eligibility month is May. DEAL: THE AMENDED PETITION LED TO THE REMOVAL AND ESTABLISHES THE ELIG MONTH