INSTRUCTIONS TO STAFF 340:75-13-13
1. Legal status.
(1) Child Welfare (CW) cases.
(A) A Title IV-E (IV-E) eligibility determination is made only when the custody specialist has:
(i) a copy of the court order removing the child from the home that contains the specific judicial determinations required by state and federal law; or
(ii) Completed Forms 04FC007E, Authorization from Parent or Guardian for Voluntary Foster Home Placement and Medical Care of Child, or 04IL001E, Voluntary Placement Request.
(B) Upon review of the applicable documents, the custody specialist reviews the court order to ensure it contains the required judicial findings.
(C) The county director develops and documents a plan with the local court to ensure the orders:
(i) contain the required Title IV-E findings; and
(ii) are received within five days of the filing of the petition. The plan includes procedures for:
(I) review of each order for Title IV-E-required judicial findings;
(II) documentation of all incorrect orders;
(III) action steps for collaborating with the court to correct future orders; and
(IV) annual review of the plan and remediation of problem issues.
(2) Tribal cases. When the tribal court order does not contain Title IV-E-required judicial determinations, a copy of the order is faxed to the Children and Family Services Division (CFSD) tribal coordinator, who consults with the tribe regarding judicial determinations necessary for determining Title IV-E eligibility.
2. Constructive removal. The date of constructive removal by court order is used as the date of actual removal per Section 1356.21(k) of the Title 45 of Code of Federal Regulations (45 C.F.R. 1356.21(k)). Constructive removal is a non-physical or paper removal of custody from the parent or legal guardian under certain circumstances. A child may already be living with a non-custodial relative when Oklahoma Department of Human Services (OKDHS) Child Protective Services intervenes and OKDHS may determine the child should remain in the relative's home, with the relative acting as the child's kinship foster parent. A child in this situation is "constructively removed" for time period requirements even though the child did not change homes.
3. Citizenship or alien status. Under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), codified at Section 1641(b) of Title 8 of the United States Code (8 U.S.C. § 1641(b)), only United States citizens and qualified aliens are eligible for Title IV-E funded foster care and adoption assistance. A qualified alien is:
(1) an alien lawfully admitted for permanent residence under the Immigration and Nationality Act (INA), 8 USC 1101 et seq.;
(2) a refugee, admitted under § 207 of the INA;
(3) an alien granted asylum under § 208 of the INA;
(4) a Cuban or Haitian entrant, as defined in § 501(e) of the Refugee Education Assistance Act of 1980;
(5) an alien granted parole for at least one year under § 212(d)(5) of the INA;
(6) an alien whose deportation is being withheld under:
(A) § 243(h) of the INA as in effect prior to April 1, 1997; or
(B) § 241(b)(3) of the INA, as amended;
(7) an alien granted conditional entry under § 203(a)(7) of the INA in effect before April 1, 1980;
(8) a battered alien, who meets the conditions set forth in § 431(c) of PRWORA, as added by § 501 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Public Law (P.L.) 104-208 (IIRIRA), and amended by § 5571 of the Balanced Budget Act of 1997, P.L. 105-33 (BBA), § 1508 of the Violence against Women Act of 2000, P.L. 106-386, and Section 431(c) of PRWORA, as amended, codified at 8 USC 1641(c); and
(9) a victim of a severe form of trafficking, in accordance with § 107(b)(1) of the Trafficking Victims Protection Act of 2000, P.L. 106-386.
(A) All qualified alien children who are eligible for Title IV-E purposes are eligible for Medicaid under Title XIX.
(B) An alien child may be determined eligible for Title IV-E purposes, regardless of how long they have been in the United States.
(C) The parent of the removed child provides written documentation of the status of the child's residency in the United States. When the parent has no documentation of citizenship or lawful presence in the United States for the child or asserts some other immigration status, the CW specialist contacts OKDHS Legal Division for guidance.
(i) The use of federal funds for medical treatment, other than emergency Medicaid purposes, is prohibited for persons who are not in the qualified categories.
(ii) Medical services for children in OKDHS legal custody who are not qualified aliens are paid from state funds.
4. Deprivation of parental support. The child is eligible for Title IV-E when, in addition to meeting other conditions of eligibility, the child is deprived of parental support or care because either parent:
(1) is deceased;
(2) is absent from the home;
(3) meets the definition of unemployed or underemployed parent, per 1996 Aid to Families with Dependent Children (AFDC) policy;
(4) is physically or mentally incapacitated; or
(5) is the parent solely responsible for the child such as a single adoptive parent.
5. Income Standards for Title IV-E Eligibility. A child is eligible for Title IV-E when, in addition to meeting other conditions of eligibility, the household’s countable income is below the 1996 AFDC need standard.
(1) Verification for AFDC income and deprivation eligibility may be obtained through sources including, but not limited to:
(A) information from the KIDS system;
(B) information from the Child Welfare (CW) specialist or tribal representative who has personal knowledge of the household's situation at the time of the child's removal;
(C) Form 04KI003E, Report to District Attorney;
(D) all available income verifications including:
(i) FACS case notes from family support cases open at the time of the child’s removal from the home;
(ii) relevant Information Management System (IMS) screens including:
(I) PY, an index data exchange information and case data for a particular person;
(II) Oklahoma Wage Link (OWL or OWC) the most current Oklahoma Employment Security Commission (OESC) wage information and unemployment benefits;
(III) Oklahoma Child Support Services (OCSS);
(IV) EB, financial assistance program;
(V) EC, food stamp eligibility information; and
(VI) ED, medical assistance eligibility information; and
(E) other relevant sources of income verification as listed in OAC 340:65-3-4 Instructions to Staff.