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8.3A.11  TITLE IV-E, Foster Care Maintenance Payments Program, Eligibility, Removal from the home/living with

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Question 1.  
 We are confused by the term "constructive removal"? Please explain the term and its implications for the title IV-E program.

Question 2.  
 Can a child be considered "constructively" removed from a legal guardian who is not a specified relative?

Question 3.  
 May a child born to a woman while she is a prison inmate or patient in a state hospital be considered eligible for foster care payments if all other title IV-E foster care requirements are met? It has been our interpretation that since the child could not return home with the mother and live with her because of her prisoner or patient status, the child would not be eligible to receive AFDC. Hence, such a child could not meet title IV-E foster care eligibility requirements.

Question 4.  
 For the purpose of determining a child's eligibility for Aid to Families with Dependent Children (AFDC) at the time of the child's removal from his or her home, the child must have been living with and removed from the home of a specified relative. Who is considered a "specified relative" for this purpose?

Question 5.  
 Once a court order is issued with a judicial determination that remaining in the home is contrary to the child's welfare, does the title IV-E agency have to actually remove the child at that time and place the child in foster care?

Question 6.  
 A child is placed in a residential treatment facility by his parents without title IV-E agency involvement and the child remains there for more than six months while his parents maintain responsibility for the child. If the child is later judicially or voluntarily removed from the home and placed in the title IV-E agency¿s placement and care, could the child meet the Aid to Families with Dependent Children (AFDC) ¿living with¿ a specified relative requirement in section 472(a)(3)(A) of the Social Security Act (the Act)?

Question 7.  
 May a youth over age 18 under the option per section 475(8)(B) of the Social Security Act be his or her own specified relative for the purposes of satisfying the ¿living with¿ and ¿removed from¿ specified relative requirements described at section 472(a) of the Social Security Act?



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