13-B Determining Title IV-E Eligibility

1 Employees Manual Revised June 15, 2012 Title 13 Chapter B Determining Title IV-E Eligibility Title 13: Social Service Resources TABLE OF CONTENTS Chapter B: Determining Title IV-E Eligibility Revised June 15, 2012 Page 1 Page Iowa Department of Human Services Employees Manual Introduction .. 1 Legal Basis .. 3 Definitions .. 5 Overview of Assistance for Out-of-Home Care .. 8 Summary of Out-of-Home Eligibility Factors .. 9 Initial Out-of-Home Eligibility Requirements .. 11 Legal Authority and Judicial Language Criteria .. 12 Determining the Correct Removal Document .. 12 Types of Court Orders .. 13 Children with Multiple Out-of-Home Placements .. 17 Relative Placements .. 17 Commitments .. 17 Initial Placement Before Court Order or VPA .. 18 Conditional ( Self-Executing ) Orders .. 19 Group Care or Residential Placement .. 20 Expired Voluntary Placement Agreements.

2 20 Day Treatment .. 21 Runaways .. 21 Juvenile Removals .. 22 Removal by Court Order .. 23 Contrary to Welfare .. 23 Deciding if an Order Meets CTW/BI Requirement .. 24 Reasonable Efforts to Prevent Removal .. 26 Aggravated Circumstances .. 27 Deciding if an Order Meets the RE1 Requirement .. 28 Removal by Voluntary Placement Agreement .. 29 Contrary to Welfare/Best Interest Determinations .. 30 Responsibility for Placement and Care .. 31 Determining DHS or JCS Responsibility for Placement and Care .. 31 Child in Home of Parent (Trial Home Visit) .. 32 Runaways .. 34 Documentation of Required Judicial Determinations .. 34 Exceptions to Judicial Documentation Requirements .. 35 Nunc Pro Tunc Orders .. 35 Effective Date of Judicial Determinations .. 36 Title 13: Social Service Resources TABLE OF CONTENTS Chapter B: Determining Title IV-E Eligibility Revised June 15, 2012 Page 2 Page Iowa Department of Human Services Employees Manual Removal From a Specified Relative.

3 37 Removal Home .. 37 Definition of Specified Relative .. 39 Type of Removal .. 40 Physical Removal .. 40 Constructive Removal .. 42 Removal Requirement Not Met .. 44 AFDC Relatedness .. 45 Determining the Removal Month .. 46 46 Citizenship .. 47 Deprivation .. 47 Determining the Natural Father .. 48 Deprivation Due to Death .. 48 Deprivation Due to Continued Absence .. 49 Deprivation Due to Incapacity .. 51 Deprivation Due to Unemployment or Underemployment .. 52 Financial Need .. 53 Eligible Group .. 53 Common Child .. 56 Stepparents and the Eligible Group .. 63 Self-Supporting Parents of Minor, Unmarried Parents .. 65 Excluded Children .. 65 Optional Eligible Group Members .. 65 Income .. 66 Countable Earned Income .. 67 Countable Unearned Income .. 67 Child Support .. 68 Lump-Sum Income .. 71 Exempt Income .. 74 Deductions .. 75 Financial Need Test.

4 76 Diverting Income of Excluded or Ineligible Adults .. 80 Diverting Income to Excluded Children .. 83 Diversion for Common Child Who is Not Deprived .. 84 Parent Diversion for Common Child in Stepparent Case .. 86 Parent Diversion for Common Child in Companion Case .. 87 Ineligible Alien Children .. 89 Title 13: Social Service Resources TABLE OF CONTENTS Chapter B: Determining Title IV-E Eligibility Revised June 15, 2012 Page 3 Page Iowa Department of Human Services Employees Manual Resources .. 90 Verification and Documentation of Financial Information .. 92 Claimable Placement .. 95 Licensure Status .. 95 Type of Placement .. 96 Effective Date of IV-E Claiming .. 97 Determining Initial Out-of-Home Eligibility .. 99 Eligibility File .. 101 Recipients or Potential Recipients of SSI or Social Security Benefits .. 102 Administration and Training Funding and Medicaid for SSI Children.

5 103 Child Currently Receiving FIP .. 104 Child of a Minor Parent in Out-of-Home Care .. 105 Retroactive Claims and Adjustments .. 106 Out-of-State Placements .. 107 Requirements for Ongoing Out-of-Home Eligibility .. 108 Changes That Permanently End Eligibility .. 109 Child Reaches Age Limit .. 110 End of DHS or JCS Responsibility for Placement and Care .. 111 End of Trial Home Visit .. 112 Best Interest Within 180 Days (VPA) .. 113 Changes That Temporarily Suspend IV-E Claiming .. 114 Reasonable Efforts Toward a Permanent Plan (RE2) .. 114 Acceptable RE2 Language .. 115 Receipt of SSI .. 117 Claimable Placement .. 117 Changes Requiring Review of IV-E Status .. 118 Overview of Adoption Assistance .. 120 Types of IV-E Adoption Assistance .. 120 Nonrecurring Adoption Expenses .. 120 IV -E Adoption Subsidy .. 121 Medicaid for Subsidized Adoptions .. 121 Overview of IV-E Adoption Requirements.

6 121 Comparison of DHS and Private Adoptions .. 123 Title 13: Social Service Resources TABLE OF CONTENTS Chapter B: Determining Title IV-E Eligibility Revised June 15, 2012 Page 4 Page Iowa Department of Human Services Employees Manual General Adoption Eligibility Requirements .. 123 Adoption Subsidy Agreement .. 124 Special Needs .. 125 Child Cannot or Should Not Be Returned to Parents .. 125 Efforts Have Been Made to Place the Child Without Subsidy .. 126 Efforts Were Made .. 126 Exception Is Allowed .. 127 Child is Considered Difficult to Place .. 128 Age .. 130 Citizen or Qualified Alien .. 130 Maintenance Subsidy Requirements .. 131 Previous Adoption 131 SSI Eligibility .. 132 Child of a Minor Parent .. 133 AFDC Eligibility .. 134 Court-Ordered 135 Removal by Voluntary Placement Agreement .. 136 Voluntary Relinquishments .. 137 AFDC Relatedness at the Time of Removal.

7 138 Applicable Child .. 139 Non-Applicable Child .. 139 IV -E Adoption Procedures .. 142 Eligibility File .. 144 Effective Date of Eligibility .. 145 Extension of Assistance .. 146 Child Enters Out-of-Home Placement .. 147 Termination of Assistance .. 148 Title 13: Social Service Resources Page 1 Iowa Department of Human Services Employees Manual Chapter B: Determining Title IV-E Eligibility Introduction Revised June 15, 2012 Introduction This chapter explains the criteria for and process of Determining Eligibility for benefits under Title IV-E of the Social Security Act. Title IV E establishes requirements for the states to follow in administration and operation to receive federal support under the following programs: The Title IV-E Foster Care Assistance program. This program is an open-ended entitlement program that provides funds to assist states with the costs of foster care maintenance for eligible children.

8 The program s purpose is to help states provide proper care for children who need temporary placement outside their homes in a foster family home or group care facility. The Title IV-E Adoption Assistance program. This program assists states in finding adoptive homes for children with special needs in order to prevent long, inappropriate stays in foster care. The program provides funds to states to support: Maintenance costs for adopted children with special needs ( , children who are older, members of a minority or sibling group, or physically, mentally, or emotionally disabled). Reimbursement of nonrecurring expenses associated with the adoption of a child with special needs. The Title IV-E program also provides funds to support staff training and administrative costs. Claims for administrative costs under Title IV-E help to pay for staff salaries, supplies, and related expenses.

9 Programs for the training of new workers, continuous education of current workers, training for foster families, and training of staff in foster care facilities all benefit from funds provided through Title IV-E. The Department must document a child s Eligibility for these programs to receive federal reimbursement for state expenditures. If a child or the Department does not meet the requirements to claim IV-E funds, the child can receive the same foster care or adoption services. However, it means that less money is available to serve all children and families in Iowa. Title 13: Social Service Resources Page 2 Iowa Department of Human Services Employees Manual Chapter B: Determining Title IV-E Eligibility Introduction Revised June 15, 2012 Federal financial participation in state expenditures is provided: At the Medicaid match rate of approximately 60% for foster care maintenance and monthly adoption subsidy payments.

10 At a 50% match rate for related state administrative expenditures, such as time spent for case management and Eligibility determination. At a 50% match rate for nonrecurring expenses of adoption. At a 75% match rate for related state training expenditures. Another way of looking at the benefits of federal financial participation under Title IV-E is to consider its impact on the costs of foster care and adoption assistance in terms of children. For every five children in foster care who qualify for matching funds under Title IV-E, enough state funds are saved to pay the expenses for three more children in the same type of setting. This chapter will outline policy and procedure related to completing Eligibility determinations related to both IV-E Foster Care and Adoption Assistance. The chapter begins by discussing the criteria for IV-E foster care assistance.