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

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

Question Number 6:
05/05/2011 - Current
QuestionThe 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?
Answer*No. Although the term "care" as it is used in 473(a)(2)(A)(ii)(I)(aa) of the Social Security Act (the Act) may imply that a public or private agency has placement and care responsibility for the child, it is not explicit. Therefore, in situations where any sort of care is being provided for an applicable child by a public or licensed private child placement agency or Indian tribal organization at the time the adoption proceedings are initiated, the requirements in section 473(a)(2)(A)(ii)(I)(aa) of the Act will be met.
Source/Date5/04/11
Legal and Related ReferencesSocial Security Act ┐ section 473(a)(2)(A)(ii)(I)(aa)

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05/05/2011 - 05/05/2011 (Original Record)
QuestionThe 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?
AnswerNo. Although the term ?care? as it is used in 473(a)(2)(A)(ii)(I)(aa) of the Social Security Act (the Act) may imply that a public or private agency has placement and care responsibility for the child, it is not explicit. Therefore, in situations where any sort of care is being provided for an applicable child by a public or licensed private child placement agency or Indian tribal organization at the time the adoption proceedings are initiated, the requirements in section 473(a)(2)(A)(ii)(I)(aa) of the Act will be met.
Source/Date5/04/11
Legal and Related ReferencesSocial Security Act ┐ section 473(a)(2)(A)(ii)(I)(aa)

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