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8.2B  TITLE IV-E, Adoption Assistance Program, Eligibility

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Question 1.  
Please explain who is eligible for title IV-E adoption assistance.
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Question 2.  
Does a child need to be continuously eligible for Aid to Families for Dependent Children (AFDC) during the period s/he is in foster care in order to be eligible for adoption assistance after the termination of parental rights?
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Question 3.  
Are children whose legal guardianships disrupt eligible for title IV-E adoption assistance?
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Question 4.  
Is the State required to provide title IV-E adoption assistance to all eligible children on whose behalf it is requested?
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Question 5.  
The statute requires that to be an ┐applicable child┐ based on the child┐s ┐duration in care,┐ the child must have been in foster care for 60 consecutive months (see section 473(e)(2)(A) of the Social Security Act). Please provide additional guidance on calculating the 60 consecutive month period.
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Question 6.  
The Adoption Assistance eligibility criteria for an ┐applicable child┐ includes one pathway to title IV-E adoption assistance eligibility which requires that the child must be in the ┐care┐ of a public or licensed private child placement agency by way of a voluntary placement, voluntary relinquishment or a court-ordered removal with a judicial determination that remaining at home would be contrary to the child┐s welfare. Does ┐care┐ mean that that a public or private agency must have placement and care responsibility for the child?
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Question 7.  
The Adoption Assistance eligibility criteria for an ┐applicable child┐ includes one pathway to title IV-E adoption assistance eligibility which requires that the child must be in the care of a public or licensed private child placement agency by way of a voluntary placement, voluntary relinquishment or a court-ordered removal with a judicial determination that remaining at home would be contrary to the child┐s welfare. When referring to a ┐licensed┐ private child placement agency, does this mean that the agency must be licensed by the State or Tribe entering into the adoption assistance agreement? Or is it required that the title IV-E agency provide a payment to an eligible child even if the agency was not licensed in the State or Tribe that is entering into the agreement?
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Question 8.  
The statute authorizes title IV-E adoption assistance eligibility for siblings of an applicable child under certain circumstances. These circumstances include the following factors: 1) the child is a sibling of the applicable child for the fiscal year; 2) the sibling is to be placed in the same adoption placement as the applicable child sibling for the fiscal year; and 3) the sibling meets the eligibility requirements for the title IV-E adoption assistance program. In such situations, must the adoption for the sibling who is the applicable child be finalized prior to that of the child who may meet the criteria as a sibling of an applicable child for the sibling to be eligible for title IV-E adoption assistance?
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Question 9.  
Does a child who is a member of a sibling group have to meet the criteria in section 473(e)(3) of the Social Security Act (the Act) prior to finalization or prior to entering into the adoption assistance agreement to be considered an applicable child?
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Question 10.  
Must a title IV-E agency that takes the option to extend the title IV-E programs to older youth ages 19, 20, or 21 per section 475(8)(B) of the Social Security Act provide title IV-E adoption assistance payments to the older youth who remain eligible when the adoption assistance agreements expires?
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