The following examples clarify when a case is considered an error case in title IV-E foster care eligibility reviews:
It should be noted that for a child who entered foster care prior to March 27, 2000 (the effective date of the Final Rule which established the reasonable efforts to finalize a permanency plan requirement at 45 CFR 1356.21(b)(2)), the concept of "the date the child is considered to have entered foster care" is nonexistent. For those children, the initial reasonable efforts to finalize a permanency plan judicial determination was due no later than March 27, 2001. If a child did not have the initial determination made by that date, the child became ineligible for title IV-E foster care maintenance payments from April 1, 2001 and remains ineligible until the first day of the month in which the appropriate judicial determination is obtained. Thus, if a child entered care on November 20, 1999 and did not have a reasonable efforts to finalize a permanency plan determination until August 25, 2004, the otherwise-eligible child would be ineligible for title IV-E foster care maintenance payments from April 1, 2001 through July 31, 2004. Accordingly, if the PUR is April 1, 2004 through September 30, 2004, the case would be an error case if title IV-E foster care maintenance payments had been claimed for the child at any time between April 1, 2004 and August 1, 2004.
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