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8.3A.6 TITLE IV-E, Foster Care Maintenance Payments Program, Eligibility, Contrary to the welfare

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

Question Number 2:
07/24/2006 - Current
Question*For purposes of meeting the section 472 (a)(2)(A)(ii) eligibility requirement, must a temporary detention order include "contrary to the welfare" language or is it possible to consider a later delinquency adjudication order or dependency adjudication order as the removal order?
Answer*The statute requires that the "removal" from the home must occur as the result of a judicial determination to the effect that continuation therein would be contrary to the child's welfare.

Therefore, such a determination must be made in the order that results in the removal of the child from the home. Since the child has already been removed from his home and is in detention as the result of a temporary detention order, the later hearing order only sanctions that removal. A child would remain ineligible during the entire foster care placement if the "contrary to the welfare" determination is not made at the time of the temporary detention order.

Source/DateACYF-CB-PIQ-91-03 (4/3/91)
Legal and Related References*Social Security Act - section 472 (a)(2)(A)

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10/01/2000 - 07/24/2006 (Original Record)
QuestionFor purposes of meeting the section 472 (a)(1) eligibility requirement, must a temporary detention order include "contrary to the welfare" language or is it possible to consider a later delinquency adjudication order or dependency adjudication order as the removal order?
AnswerThe statute requires that the "removal" from the home must occur as the result of a judicial determination to the effect that continuation therein would be contrary to the child''s welfare.

Therefore, such a determination must be made in the order that results in the removal of the child from the home. Since the child has already been removed from his home and is in detention as the result of a temporary detention order, the later hearing order only sanctions that removal. A child would remain ineligible during the entire foster care placement if the "contrary to the welfare" determination is not made at the time of the temporary detention order.

Source/DateACYF-CB-PIQ-91-03 (4/3/91)
Legal and Related ReferencesSocial Security Act - section 472 (a)(1)

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