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8.4A TITLE IV-E, General Title IV-E Requirements, AFDC Eligibility
Items with a star (*) and gray background have been modified from previous record.
Question Number 21:
12/02/2016 - Current
Question
*In determining a child's Aid to Families with Dependent Children (AFDC) eligibility, should the state examine the household circumstances when the child was removed from home, or should the state examine the whole month in which the removal petition was initiated or the voluntary placement agreement was signed?
Answer
*The state must determine a child's AFDC eligibility in or for the month in which the court proceedings were initiated or the voluntary placement agreement was signed. State title IV-E agencies must use the state's title IV-A plan (as it was in effect on July 16, 1996) to determine if a child would have been eligible for AFDC. Tribal title IV-E agencies must use the title IV-A state plan (as it was in effect on July 16, 1996) in the state in which the child resides when the child was removed from the home to determine if a child would have been eligible for AFDC.
Source/Date
*December 2, 2016
Legal and Related References
*472(a)(3) of the Social Security Act

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06/07/2013 - 12/02/2016
Question
*In determining a child's Aid to Families with Dependent Children (AFDC) eligibility, should the title IV-E agency look to the household circumstances at the time of the child's removal or should the title IV-E agency look at the whole month of the removal petition or voluntary placement agreement to determine deprivation and/or income? For example, can a child's deprivation be based on circumstances that occur in the month of removal, but after the child┐s removal from the home?
Answer
*AFDC eligibility criteria, including deprivation, must be met in the month of, but prior to, the child''s removal from the home. The title IV-E agency may not establish the child''s deprivation based on household circumstances that occur after a child''s removal. This is based on section 472(a)(1)(B) of the Social Security Act (the Act) which specifies that "the child, while in the home [emphasis added], would have met the AFDC eligibility requirement of [section 472(a)(3) of the Act]."
Source/Date
*04/26/07 (revised 6/6/13)
Legal and Related References
Social Security Act ┐ sections 472(a)(1)(B) and 472(a)(3)

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04/27/2007 - 06/07/2013 (Original Record)
Question
In determining a child's Aid to Families with Dependent Children (AFDC) eligibility, should the State look to the household circumstances at the time of the child's removal or should the State look at the whole month of the removal petition or voluntary placement agreement to determine deprivation and/or income? For example, can a child's deprivation be based on circumstances that occur in the month of removal, but after the child┐s removal from the home?
Answer
AFDC eligibility criteria, including deprivation, must be met in the month of, but prior to, the child''s removal from the home. The State may not establish the child''s deprivation based on household circumstances that occur after a child''s removal. This is based on section 472(a)(1)(B) of the Social Security Act (the Act) which specifies that "the child, while in the home [emphasis added], would have met the AFDC eligibility requirement of [section 472(a)(3) of the Act]."
Source/Date
04/26/07
Legal and Related References
Social Security Act ┐ sections 472(a)(1)(B) and 472(a)(3)

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