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340:75-13-13. IV-E eligibility criteria

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Revised 5-15-08

Both criteria in (1) and (2) must be met for a child to be determined eligible for Title IV-E (IV-E).

(1) Legal status. • 1 The removal or placement of the child is the result of a:
- (A) court order, made on a case-by-case basis, documenting:
  - (i) continuation in the home is contrary to the child's welfare, or that the placement is in the child's best interests, or language to that effect, per OAC 340:75-3-10.1.
    - (I) This determination must be made in the first court order that sanctions the child's removal from the home.
    - (II) Failure to include this finding in the first court order results in a determination of ineligibility for IV-E foster care reimbursement for the duration of the child's stay in out-of-home care; and
  - (ii) prior to the placement of the child in out-of-home care, reasonable efforts were made to prevent the removal from the home, or reasonable efforts were not required due to an emergency, per OAC 340:75‑1-18.4.
    - (I) The determination must be made no later than 60 days from the date of the child's removal from the home.
    - (II) Failure to include this finding within 60 days of the child's removal results in a determination of ineligibility for the duration of the child's stay in out-of-home care; or
- (B) voluntary consent with a signed written agreement between Oklahoma Department of Human Services (OKDHS) or a tribe and the parent(s) or legal guardian of the child that is binding on the parties to the agreement and specifies the legal status of the child, the rights and obligations of the parent(s) or legal guardian, and the rights and responsibilities of OKDHS or the tribe. A court order with required IV-E findings and custody to OKDHS or the tribe is necessary when the child is in out-of-home care more than 90 days, per OAC 340:75‑4‑12.1.
(2) Relationship to AFDC. In the initial month of IV-E eligibility consideration, the child must have been categorically related to the Aid to Families with Dependent Children (AFDC) program using the AFDC rules in effect as of July 16, 1996, per DHS:10-1. To qualify for IV-E, a child must be:
- (A) physically and legally removed from the parent(s); or
- (B) constructively removed from the parent(s) or specified relative, per DHS:10-1-21, regardless whether the child was physically moved from the current relative or non-relative caregiver's home. The child must have been living with the parent(s) or specified relative and AFDC eligible in that home:
  - (i) in the month of the initiation of court proceedings; or
  - (ii) within six months of the initiation of court proceedings and would have been eligible in the month court proceedings were initiated if the child had still been living in that home; and • 2
- (C) a citizen of the United States or having an alien status that qualifies for IV-E. • 3

(3) Resources. Title IV-E, Section 472 of the Social Security Act allows a resource value of $10,000 for Title IV-E eligibility.

INSTRUCTIONS TO STAFF 340:75-13-13

Revised 5-15-08

1. Legal status.

(1) CW cases. A Title IV-E (IV-E) eligibility determination is not made without 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 Forms 04FC007E, Authorization from Parent or Guardian for Voluntary Foster Home Placement and Medical Care of Child, or 04IL001E, Voluntary Placement Request.

(A) Upon receipt of the applicable documents, the custody specialist reviews the court order to ensure it contains the required judicial findings.

(B) The county director develops and documents a plan with the local court to ensure the orders contain the required findings and are received within five days of the filing of the petition, including procedures for:

(i) review of each order for required judicial findings;

(ii) documentation of all incorrect orders;

(iii) action steps for working with the court to correct future orders; and

(iv) quarterly review of the plan and remediation of problem issues.

(2) Tribal cases. If the tribal court order does not contain required judicial determinations, a copy of the order is faxed to the Children and Family Services Division tribal coordinator, who consults with the tribe regarding judicial determinations necessary for determining IV-E eligibility.

2. Constructive removal. Constructive removal is a non-physical or paper removal of custody from the parent or legal guardian under certain circumstances.

3. Citizenship or alien status. The parent of the removed child provides written documentation of the status of the child's residency in the United States. If 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 worker contacts OKDHS legal division for guidance. 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 (8USC 1641(b)) only United States citizens and qualified aliens are eligible for Title IV-E funded foster care and adoption assistance. An alien child may be determined eligible for Title IV-E purposes, regardless of how long they have been in the United States. All qualified alien children who are eligible for Title IV-E purposes are eligible for Medicaid under Title XIX. The use of federal funds for medical treatment, other than for emergency Medicaid purposes, is prohibited for persons who are not in the following qualified categories. The payment of medical services for these children is paid from state funds. A qualified alien is:

(1) a lawful permanent resident;

(2) an alien who is granted asylum;

(3) a refugee who is admitted to the United States;

(4) an alien granted withholding of deportation or removal;

(5) Cuban/Haitian entrants;

(6) an alien paroled into the United States for at least one year; and

(7) certain battered spouses and children as defined at 8 USC 1641(b) and (c).

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