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8.3A.3 TITLE IV-E, Foster Care Maintenance Payments Program, Eligibility, Biological parents
Items with a star (*) and gray background have been modified from previous record.
Question Number 1:
07/24/2006 - Current
Question
Since adoption assistance is not available for children adopted by biological parents, would Federal financial participation (FFP) under title IV-E foster care be available in those homes if the parents do not adopt and the agency retains guardianship and responsibility for placement and care?
Answer
*No. Title IV-E foster care maintenance payments are available for AFDC-eligible children who have been removed from their own homes and placed in a foster family home or child care institution. By definition, foster care is provided by someone other than a biological parent.

While a termination of parental rights severs the legal ties between the parent and the child, it does not change the biological relationship with the child. A child living with his parents would not be considered to be living in a foster home and, thus, would not be eligible for title IV-E foster care maintenance payments.

Source/Date
ACYF-CB-PIQ-89-04 (8/8/89)
Legal and Related References
*Social Security Act - sections 472 (a)(2)(A) and (C), 472 (b)

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07/19/2000 - 07/24/2006 (Original Record)
Question
Since adoption assistance is not available for children adopted by biological parents, would Federal financial participation (FFP) under title IV-E foster care be available in those homes if the parents do not adopt and the agency retains guardianship and responsibility for placement and care?
Answer
No. Title IV-E foster care maintenance payments are available for AFDC-eligible children who have been removed from their own homes and placed in a foster family home or child care institution. By definintion, foster care is provided by someone other than a biological parent.

While a termination of parental rights severs the legal ties between the parent and the child, it does not change the biological relationship with the child. A child living with his parents would not be considered to be living in a foster home and, thus, would not be eligibile for title IV-E foster care maintenance payments.

Source/Date
ACYF-CB-PIQ-89-04 (8/8/89)
Legal and Related References
Social Security Act - sections 472 (a)(1) and (3), 472 (b)(1)

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