in 

8.3A.11 TITLE IV-E, Foster Care Maintenance Payments Program, Eligibility, Removal from the home/living with
Items with a star (*) and gray background have been modified from previous record.
Question Number 2:
07/24/2006 - Current
Question
Can a child be considered "constructively" removed from a legal guardian who is not a specified relative?
Answer
*No. The statute at section 472 (a)(3)(A) of the Social Security Act requires, among other things, that a child be living with and removed from the home of a specified relative at the time of the voluntary placement agreement or initiation of court proceedings. The provisions for "constructive" removal do not alter the requirement that the removal be from the home of a parent or specified relative.
Source/Date
Preamble to the Final Rule (65 FR 4020) (1/25/00)
Legal and Related References
*Social Security Act - sections 406 (a) and 407 (as in effect on July 16, 1996) and 472(a)(3)(A); 45 CFR 1356.21 (k)

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09/15/2000 - 07/24/2006 (Original Record)
Question
Can a child be considered "constructively" removed from a legal guardian who is not a specified relative?
Answer
No. The statute at section 472 (a)(4) of the Social Security Act requires, among other things, that a child be living with and removed from the home of a specified relative at the time of the voluntary placement agreement or initiation of court proceedings. The provisions for "constructive" removal do not alter the requirement that the removal be from the home of a parent or specified relative.
Source/Date
Preamble to the Final Rule (65 FR 4020) (1/25/00)
Legal and Related References
Social Security Act - sections 406 (a) and 407 (as in effect on July 16, 1996) and 472; 45 CFR 1356.21 (k)

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