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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 11:
06/07/2013 - Current
Question*How does the title IV-E agency determine need and deprivation to establish a child's eligibility for title IV-E adoption assistance?
Answer*If a child's eligibility for title IV-E adoption assistance is based upon his or her eligibility for Aid to Families with Dependent Children (AFDC) as a dependent child, the title IV-E agency must determine that the child would have been AFDC-eligible in the home from which s/he was removed. To meet the AFDC criteria, the child must be both a needy child and a child who is deprived of parental support or whose principal wage earner parent is unemployed. Need exists in the child's home if the resources available to the family are below $10,000 and meets the income test (see section 8.4A Q/A #18 of the Child Welfare Policy Manual). Deprivation exists in the home in situations where there is death of a parent, an absent parent, or a parent with a mental or physical incapacity to the extent that the parent cannot support or care for the child. At the point of the removal of a child from his or her home, a termination of parental rights (TPR) alone is not proof that deprivation exists. The factors noted here must be established based on the circumstances in that home. If the child meets these AFDC criteria at removal, no further AFDC eligibility determination is needed for adoption assistance.
Source/Date*ACYF-CB-PA-01-01 (1/23/01); 7/17/2006 (revised 6/6/13)
Legal and Related ReferencesSocial Security Act - section 473 (a)(2); section 8.4B Q/A #18 of the Child Welfare Policy Manual).

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07/20/2006 - 06/07/2013
QuestionHow does the State agency determine need and deprivation to establish a child's eligibility for title IV-E adoption assistance?
Answer*If a child''s eligibility for title IV-E adoption assistance is based upon his or her eligibility for Aid to Families with Dependent Children (AFDC) as a dependent child, the State must determine that the child would have been AFDC-eligible in the home from which s/he was removed. To meet the AFDC criteria, the child must be both a needy child and a child who is deprived of parental support or whose principal wage earner parent is unemployed. Need exists in the child''s home if the resources available to the family are below $10,000 and meets the income test (see section 8.4B Q/A #18 of the Child Welfare Policy Manual). Deprivation exists in the home in situations where there is death of a parent, an absent parent, or a parent with a mental or physical incapacity to the extent that the parent cannot support or care for the child. At the point of the removal of a child from his or her home, a termination of parental rights (TPR) alone is not proof that deprivation exists. The factors noted here must be established based on the circumstances in that home. If the child meets these AFDC criteria at removal, no further AFDC eligibility determination is needed for adoption assistance.
Source/Date*ACYF-CB-PA-01-01 (1/23/01); 7/17/2006
Legal and Related References*Social Security Act - section 473 (a)(2); section 8.4B Q/A #18 of the Child Welfare Policy Manual).

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02/19/2001 - 07/20/2006 (Original Record)
QuestionHow does the State agency determine need and deprivation to establish a child's eligibility for title IV-E adoption assistance?
AnswerIf a child''s eligibility for title IV-E adoption assistance is based upon his or her eligibility for Aid to Families with Dependent Children (AFDC) as a dependent child, the State must determine that the child would have been AFDC-eligible in the home from which s/he was removed. To meet the AFDC criteria, the child must be both a needy child and a child who is deprived of parental support or whose principal wage earner parent is unemployed. Need exists in the child''s home if the resources available to the family are below $10,000. Deprivation exists in the home in situations where there is death of a parent, an absent parent, or a parent with a mental or physical incapacity to the extent that the parent cannot support or care for the child. At the point of the removal of a child from his or her home, a termination of parental rights (TPR) alone is not proof that deprivation exists. The factors noted here must be established based on the circumstances in that home.

In addition, the child must meet the need and deprivation requirements at the time of the adoption petition. Once a child is in foster care, need is based upon the resources available to the child. Hence, the resources available to the child must be below the $10,000 limit at the time of the adoption petition. After a child has been determined deprived in the home from which s/he is removed, a TPR can serve as proof of deprivation at the time of the petition.

Source/DateACYF-CB-PA-01-01 (1/23/01)
Legal and Related ReferencesSocial Security Act - sections 472 (a) and 473 (a)(2)

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