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8.3A.9 TITLE IV-E, Foster Care Maintenance Payments Program, Reasonable efforts

Items with a star (*) and gray background have been modified from previous record.

Question Number 1:
07/20/2006 - Current
QuestionWhat is the statutory basis for treating a judicial determination that the State made reasonable efforts to prevent the child's removal from his/her home, to reunify the child and family, and to make and finalize an alternate permanent placement when the child and family cannot be reunited as title IV-E eligibility criteria?
Answer*Section 472 (a)(2)(A)(ii) of the Social Security Act (the Act) contains two eligibility criteria. The first pertains to the child's removal from home. Such removal must be based on a judicial determination that it was contrary to the child's welfare to remain at home. The second eligibility criterion requires a judicial determination that the State made reasonable efforts of the type described in section 471(a)(15) of the Act. Section 471(a)(15) of the Act requires the State agency to make reasonable efforts to prevent the child's removal from his/her home, to reunify the child and family, and to make and finalize an alternate permanent placement when the child and family cannot be reunited. The requirements for judicial determinations regarding reasonable efforts are title IV-E eligibility criteria. If the eligibility criteria are not satisfied, the child is not eligible for title IV-E funding.
Source/Date*Preamble to the Final Rule (65 FR 4020) (1/25/00); 7/17/2006
Legal and Related References*Social Security Act - sections 471 (a)(15) and 472 (a)(2)(A)(ii); 45 CFR 1356.21 (b) and (d)

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08/14/2000 - 07/20/2006 (Original Record)
QuestionWhat is the statutory basis for treating a judicial determination that the State made reasonable efforts to prevent the child's removal from his/her home, to reunify the child and family, and to make and finalize an alternate permanent placement when the child and family cannot be reunited as title IV-E eligibility criteria?
AnswerSection 472 (a)(1) of the Social Security Act (the Act) contains two eligibility criteria. The first pertains to the child''s removal from home. Such removal must be based on a voluntary placement agreement or a judicial determination that it was contrary to the child''s welfare to remain at home. The second eligibility criterion requires a judicial determination that the State made reasonable efforts of the type described in section 471 (a)(15) of the Act. Section 471 (a)(15) of the Act requires the State agency to make reasonable efforts to prevent the child''s removal from his/her home, to reunify the child and family, and to make and finalize an alternate permanent placement when the child and family cannot be reunited. The requirements for judicial determinations regarding reasonable efforts are title IV-E eligibility criteria. If the eligibility criteria are not satisfied, the child is not eligible for title IV-E funding.
Source/DatePreamble to the Final Rule (65 FR 4020) (1/25/00)
Legal and Related ReferencesSocial Security Act - sections 471 (a)(15) and 472 (a)(1); 45 CFR 1356.21 (b) and (d)

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