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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 5:
07/24/2006 - Current
QuestionIf a temporary detention order states that the child is to be detained until sentencing because there is reason to believe he would run away, would this satisfy the requirement for a determination regarding "contrary to the welfare?"
AnswerNo. This language could not be construed to mean that to continue in the home would be "contrary to the (child's) welfare." It is important to remember that the judicial determinations required for title IV-E eligibility were intended to ensure that children were not removed from their homes unnecessarily. In juvenile justice procedures, where children are removed for correctional purposes, the courts must determine that continuation in the home would be contrary to the child's welfare if title IV-E eligibility is to be established.
Source/DateACYF-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)
QuestionIf a temporary detention order states that the child is to be detained until sentencing because there is reason to believe he would run away, would this satisfy the requirement for a determination regarding "contrary to the welfare?"
AnswerNo. This language could not be construed to mean that to continue in the home would be "contrary to the (child''s) welfare." It is important to remember that the judicial determinations required for title IV-E eligibility were intended to ensure that children were not removed from their homes unnecessarily. In juvenile justice procedures, where children are removed for correctional purposes, the courts must determine that continuation in the home would be contrary to the child''s welfare if title IV-E eligibility is to be established.
Source/DateACYF-CB-PIQ-91-03 (4/3/91)
Legal and Related ReferencesSocial Security Act - section 472 (a)(1)

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