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8.2B.10 TITLE IV-E, Adoption Assistance Program, Eligibility, Responsibility for placement and care
Items with a star (*) and gray background have been modified from previous record.
Question Number 1:
09/13/2016 - Current
Question
In reference to a child who is not an "applicable child" must the State have responsibility for placement and care of a child for that child to be eligible for title IV-E adoption assistance?
Answer
*The eligibility requirements for adoption assistance in section 473 (a)(2) of the Act do not specify that the State title IV-E agency must have placement and care responsibility for a child to qualify for adoption assistance. There are some situations, however, in which the criteria dictate that a child who is not an applicable child be under the placement and care responsibility of the State agency or that of another public agency (including Tribes) with whom the State has a title IV-E agreement in order to be eligible for title IV-E adoption assistance. These are:

1) a child who is placed pursuant to a voluntary placement agreement and who must have had a title IV-E foster care maintenance payment paid on his or her behalf under the agreement, consistent with section 472(a)(2)(B) and 473(a)(2)(A)(i)(I) of the Act; and

2) a child who is eligible for title IV-E adoption assistance based upon his or her minor parent's eligibility for title IV-E foster care while in the custody of the State agency, consistent with section 473(a)(2)(A)(i)(III) of the Act.

Source/Date
ACYF-CB-IM-01-01 (11-6-01)
Legal and Related References
Social Security Act - section 473 (a)(2)

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09/13/2016 - 09/13/2016
Question
*In reference to a child who is not an "applicable child" must the State have responsibility for placement and care of a child for that child to be eligible for title IV-E adoption assistance?
Answer
The eligibility requirements for adoption assistance in section 473 (a)(2) of the Act do not specify that the State title IV-E agency must have placement and care responsibility for a child to qualify for adoption assistance. There are some situations, however, in which the criteria dictate that a child be under the placement and care responsibility of the State agency or that of another public agency (including Tribes) with whom the State has a title IV-E agreement in order to be eligible for title IV-E adoption assistance. These are:

1) a child who is placed pursuant to a voluntary placement agreement and who must have had a title IV-E foster care maintenance payment paid on his or her behalf under the agreement, consistent with section 472(a)(2)(B) and 473(a)(2)(A)(i)(I) of the Act; and

2) a child who is eligible for title IV-E adoption assistance based upon his or her minor parent''s eligibility for title IV-E foster care while in the custody of the State agency, consistent with section 473(a)(2)(A)(i)(III) of the Act.

Source/Date
ACYF-CB-IM-01-01 (11-6-01)
Legal and Related References
Social Security Act - section 473 (a)(2)

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07/24/2006 - 09/13/2016
Question
Must the State have responsibility for placement and care of a child for that child to be eligible for title IV-E adoption assistance?
Answer
*The eligibility requirements for adoption assistance in section 473 (a)(2) of the Act do not specify that the State title IV-E agency must have placement and care responsibility for a child to qualify for adoption assistance. There are some situations, however, in which the criteria dictate that a child be under the placement and care responsibility of the State agency or that of another public agency (including Tribes) with whom the State has a title IV-E agreement in order to be eligible for title IV-E adoption assistance. These are:

1) a child who is placed pursuant to a voluntary placement agreement and who must have had a title IV-E foster care maintenance payment paid on his or her behalf under the agreement, consistent with section 472(a)(2)(B) and 473(a)(2)(A)(i)(I) of the Act; and

2) a child who is eligible for title IV-E adoption assistance based upon his or her minor parent''s eligibility for title IV-E foster care while in the custody of the State agency, consistent with section 473(a)(2)(A)(i)(III) of the Act.

Source/Date
ACYF-CB-IM-01-01 (11-6-01)
Legal and Related References
Social Security Act - section 473 (a)(2)

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11/12/2001 - 07/24/2006
Question
Must the State have responsibility for placement and care of a child for that child to be eligible for title IV-E adoption assistance?
Answer
*The eligibility requirements for adoption assistance in section 473 (a)(2) of the Act do not specify that the State title IV-E agency must have placement and care responsibility for a child to qualify for adoption assistance. There are some situations, however, in which the criteria dictate that a child be under the placement and care responsibility of the State agency or that of another public agency (including Tribes) with whom the State has a title IV-E agreement in order to be eligible for title IV-E adoption assistance. These are:

1) a child who is placed pursuant to a voluntary placement agreement and who must have had a title IV-E foster care maintenance payment paid on his or her behalf under the agreement; consistent with section 472(a)(2) of the Act; and

2) a child who is eligible for title IV-E adoption assistance based upon his or her minor parent''s eligibility for title IV-E foster care while in the custody of the State agency, consistent with section 473(a)(2)(A)(iii) of the Act.

Source/Date
*ACYF-CB-IM-01-01 (11-6-01)
Legal and Related References
Social Security Act - section 473 (a)(2)

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11/12/2001 - 11/12/2001
Question
Must the State have responsibility for placement and care of a child for that child to be eligible for title IV-E adoption assistance?
Answer
The eligibility requirements for adoption assistance in section 473 (a)(2) of the Act do not specify that the State title IV-E agency must have placement and care responsibility for a child to qualify for adoption assistance. There are some situations, however, in which the criteria dictate that a child be under the placement and care responsibility of the State agency or that of another public agency (including Tribes) with whom the State has a title IV-E agreement in order to be eligible for title IV-E adoption assistance. These are:

1) a child who is placed pursuant to a voluntary placement agreement and who must have had a title IV-E foster care maintenance payment paid on his or her behalf under the agreement; and 2) a child who is voluntarily relinquished to the State agency if there is a petition to the court within six months of the date the child was last with the specified relative that leads to a judicial determination that to remain in the home would be contrary to the child's welfare.

Source/Date
ACYF-CB-PA-01-01 (1/23/01)
Legal and Related References
Social Security Act - section 473 (a)(2)

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