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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:
06/07/2013 - Current
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 ReferencesSocial Security Act ┐ sections 472(a)(1)(B) and 472(a)(3)

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04/27/2007 - 06/07/2013 (Original Record)
QuestionIn 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?
AnswerAFDC 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/Date04/26/07
Legal and Related ReferencesSocial Security Act ┐ sections 472(a)(1)(B) and 472(a)(3)

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