How is a child's IV-E eligibility impacted by an interruption in a foster care episode, for example, a temporary placement in a detention facility or psychiatric hospital?
States have two options for addressing the scenario presented in this question:
First, despite the interruption in foster care, the State may choose to treat the foster care placement as continuous if the original court order pertaining to the child''s removal from the home is still in effect. If the State chooses to do so, it must redetermine the child''s eligibility for title IV-E upon his/her placement in a foster family home or child-care institution by verifying the child''s need and deprivation.
Alternatively, the State may treat the placement in a facility that is outside the scope of foster care as a discharge from foster care. If so, the State must, re-establish the child''s title IV-E eligibility, which includes obtaining the requisite judicial determinations.
Regardless of the option the State chooses, no Federal financial participation is available while the child is placed in a facility that is considered outside the scope of "foster care."
Questions and Answers on the Final Rule (65 FR 4020) (1/25/00)
Legal and Related References
Social Security Act - section 472 (a); 45 CFR 1355.20