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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 4:
07/24/2006 - Current
Question
*Court orders that sentence a child to a juvenile detention facility often include language which differs from that in a dependency order resulting in a foster care placement. Does language in a detention order indicating that the child is a "threat to himself or the community" meet the requirement in section 472(a)(2)(A)(ii) regarding "contrary to the welfare?"
Answer
A court order indicating that the child is a threat to himself satisfies the requirement of a determination that remaining in the home would be contrary to the child's welfare. However, if the court order indicates only that the child is a threat to the community, such language would not satisfy the requirement for a determination that continuation in the home would be contrary to the child's welfare.
Source/Date
ACYF-CB-PIQ-91-03 (4/3/91)
Legal and Related References
*Social Security Act - section 472 (a)(2)(A)(ii)

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07/29/2001 - 07/24/2006 (Original Record)
Question
Court orders that sentence a child to a juvenile detention facility often include language which differs from that in a dependency order resulting in a foster care placement. Does language in a detention order indicating that the child is a "threat to himself or the community" meet the requirement in section 472 regarding "contrary to the welfare?"
Answer
A court order indicating that the child is a threat to himself satisfies the requirement of a determination that remaining in the home would be contrary to the child''s welfare. However, if the court order indicates only that the child is a threat to the community, such language would not satisfy the requirement for a determination that continuation in the home would be contrary to the child''s welfare.
Source/Date
ACYF-CB-PIQ-91-03 (4/3/91)
Legal and Related References
Social Security Act - section 472 (a)(1)

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