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8.3A.12 TITLE IV-E, Foster Care Maintenance Payments Program, Eligibility, Responsibility for placement and care

Items with a star (*) and gray background have been modified from previous record.

Question Number 4:
07/24/2006 - Current
Question*Does responsibility for placement and care of the child as used in section 472(a)(2)(B) of title IV-E of the Social Security Act (the Act) equate with custody?
Answer*Not necessarily. The title IV-E foster care program requires, as a condition of eligibility, that a child's placement and care responsibility be vested either with the State agency or another public agency with which the State has a bona fide agreement pursuant to section 472(a)(2)(B)(ii) of the Act. The term placement and care means that the State agency is legally accountable for the day-to-day care and protection of the child who has come into foster care through either a court order or a voluntary placement agreement. Sometimes this responsibility translates to "custody" or "care and control" of the child via a court order, but custody is not a title IV-E requirement. Placement and care responsibility allows the State agency to make placement decisions about the child, such as where the child is placed and the type of placement most appropriate for the child. It also ensures that the State provides the child with the mandated statutory and regulatory protections, including case plans, administrative reviews, permanency hearings, and updated health and education records.
Source/DateACYF-CB-PIQ-82-07 (8/25/82); 6/23/03
Legal and Related ReferencesSocial Security Act - sections 471 and 472

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12/01/2004 - 07/24/2006
Question*Does responsibility for placement and care of the child as used in section 472(a)(2) of title IV-E of the Social Security Act (the Act) equate with custody?
AnswerNot necessarily. The title IV-E foster care program requires, as a condition of eligibility, that a child''s placement and care responsibility be vested either with the State agency or another public agency with which the State has a bona fide agreement pursuant to section 472(a)(2) of the Act. The term placement and care means that the State agency is legally accountable for the day-to-day care and protection of the child who has come into foster care through either a court order or a voluntary placement agreement. Sometimes this responsibility translates to "custody" or "care and control" of the child via a court order, but custody is not a title IV-E requirement. Placement and care responsibility allows the State agency to make placement decisions about the child, such as where the child is placed and the type of placement most appropriate for the child. It also ensures that the State provides the child with the mandated statutory and regulatory protections, including case plans, administrative reviews, permanency hearings, and updated health and education records.
Source/DateACYF-CB-PIQ-82-07 (8/25/82); 6/23/03
Legal and Related ReferencesSocial Security Act - sections 471 and 472

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07/11/2003 - 12/01/2004
QuestionDoes ?responsibility for placement and care of the child? as used in section 472(a)(2) of title IV-E of the Social Security Act (the Act) equate with custody?
AnswerNot necessarily. The title IV-E foster care program requires, as a condition of eligibility, that a child''s placement and care responsibility be vested either with the State agency or another public agency with which the State has a bona fide agreement pursuant to section 472(a)(2) of the Act. The term placement and care means that the State agency is legally accountable for the day-to-day care and protection of the child who has come into foster care through either a court order or a voluntary placement agreement. Sometimes this responsibility translates to "custody" or "care and control" of the child via a court order, but custody is not a title IV-E requirement. Placement and care responsibility allows the State agency to make placement decisions about the child, such as where the child is placed and the type of placement most appropriate for the child. It also ensures that the State provides the child with the mandated statutory and regulatory protections, including case plans, administrative reviews, permanency hearings, and updated health and education records.
Source/Date*ACYF-CB-PIQ-82-07 (8/25/82); 6/23/03
Legal and Related ReferencesSocial Security Act - sections 471 and 472

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06/27/2003 - 07/11/2003 (Original Record)
QuestionDoes ?responsibility for placement and care of the child? as used in section 472(a)(2) of title IV-E of the Social Security Act (the Act) equate with custody?
AnswerNot necessarily. The title IV-E foster care program requires, as a condition of eligibility, that a child''s placement and care responsibility be vested either with the State agency or another public agency with which the State has a bona fide agreement pursuant to section 472(a)(2) of the Act. The term placement and care means that the State agency is legally accountable for the day-to-day care and protection of the child who has come into foster care through either a court order or a voluntary placement agreement. Sometimes this responsibility translates to "custody" or "care and control" of the child via a court order, but custody is not a title IV-E requirement. Placement and care responsibility allows the State agency to make placement decisions about the child, such as where the child is placed and the type of placement most appropriate for the child. It also ensures that the State provides the child with the mandated statutory and regulatory protections, including case plans, administrative reviews, permanency hearings, and updated health and education records.
Source/DateACYF-CB-PIQ-82-07 (8/25/82)
Legal and Related ReferencesSocial Security Act - sections 471 and 472

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