OKDHS.org - OAC 340:75-6-115.9. Voluntary placement after age 18

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340:75-6-115.9. Voluntary placement after age 18

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Issued 6-27-02

Eligibility for voluntary placement after age 18. Any youth who turns 18 years prior to completing his or her General Educational Development (GED) or high school education or did not graduate from high school or obtain a GED between the ages of 16 and 21 and left an out-of-home placement after reaching age 18 may request placement and services from DHS on a voluntary basis. In addition, there are special circumstances where short-term voluntary placements are allowed. • 1 Voluntary placement does not continue past the youth's 21st birthday. Youth who receive benefits are required to reimburse DHS for the cost of care from the benefits. • 2 Youth who request voluntary placement must meet the criteria in (1) - (6) of this paragraph.

(1) Youth is appropriate for out-of-home placement.
(2) Placement is available for the youth.
(3) Youth has made a written request for voluntary placement. • 3
(4) Youth agrees to participate in the development of an Independent Living (IL) plan outlining the steps to achieve self-sufficiency, participate in IL services and activities, and abide by the plan.
(5) Youth will apply for medical services through Title XIX. • 4 & 5
(6) Youth will participate in an approved school or educational program in order to obtain a GED or high school diploma and seek employment, as appropriate.

INSTRUCTIONS TO STAFF 75-6-115.9

1. Special circumstances for voluntary placement. Requests for voluntary placement after age 18 for reasons other than completion of high school or General Educational Development (GED), for example, providing care during the summer months following graduation from high school prior to the child's entering college or a vocational program, are handled in the same manner as a voluntary placement request.

2. Youth's benefits or resources. If the youth receives benefits, the youth signs a notarized statement agreeing to reimburse DHS for the cost of care from any benefits or resources available. If the youth does not wish to reimburse DHS from the benefits, the worker explores with the youth alternatives to voluntary placement which are consistent with the goal of self-sufficiency. Refer to OAC 340:75-13-28.

3. Voluntary placement request. In order to request voluntary placement, the youth signs Form DCFS-46-A (new form number 04IL001E), Voluntary Placement Request. This form is submitted to the Child Welfare (CW) supervisor for approval one month prior to the child's 18th birthday. If the supervisor approves, the form is forwarded to the county director for final approval. If a youth's request for voluntary placement is approved, the status type for the official custody is changed to "voluntary" in KIDS and the youth’s birth date is used as the status begin date.

4. Medical eligibility. Any youth between ages 18 and 19 in voluntary placement who is Title IV-E (IV-E) foster care eligible continues to have his or her medical needs met from Title XIX Medicaid under the certified Temporary Assistance for Needy Families (TANF) case. The youth must apply for Title XIX services in his or her own behalf if medical coverage is needed beyond the month in which IV-E foster care eligibility ends. Field Operations Division (FOD) is advised via Form CWS-KIDS-4 (new form number 04KI002E), Eligibility Determination, prior to the month in which IV-E foster care eligibility ends, of the need to remove the youth from or close the C case, as appropriate, and the effective date for the change.

5. Non IV-E medical eligibility. Any youth, non IV-E foster care eligible, who continues voluntary placement after age 18 must apply for Title XIX coverage in his or her own behalf for continued medical services. For example, the youth is not expected to complete school before turning 19 years of age, or the youth's care was not paid from IV-E foster care funds at the time he or she reached age 18. The case changes are made effective the month following the child's 18th birthday. If the birthday is on the first day of the month the change is effective that month. Refer to OAC 340:10-13, 340:10-17 and 340:75-13-5.

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