(a) Once a child has been determined eligible for Title IV-E (IV-E), criteria in (1) and (2) are reviewed by the custody specialist at least every 12 months to determine whether the cost of the child's out-of-home care is reimbursed by IV-E funds.

• (1) Legal responsibility, per OAC 340:75-1-16.  There must be a court order authorizing legal responsibility for the child to Oklahoma Department of Human Services (OKDHS) or an Indian tribe.
• (2) Child's placement.  A qualifying placement is any placement that is IV-E reimbursable, such as:
  • (A) an OKDHS or tribally approved foster home;
  • (B) a private child care institution;
  • (C) a public child care group home; or
  • (D) child care facility licensed for no more than 25 children.

(b) IV-E funds are not available when a court assumes responsibility for ordering the placement of a child and orders such with a specific placement provider without consideration of the recommendation by OKDHS or the tribe.  IV-E funds are available if the child is later placed in accordance with OAC 340:75-13-16(a)(1) and (2).

(c) IV-E reimbursement payments may begin the date the child is determined eligible and upon entry into a qualified placement.