Current through Register Vol. 48, No. 38, September 20, 2024
a) Beginning with the third week for which
foster care maintenance payments are made on behalf of a child placed in a
child-care institution, the Department will not receive Federal payments for
amounts expended for foster care maintenance payments on behalf of the child
unless:
1) the child is placed in a
child-care institution that is:
A) a qualified
residential treatment program (QRTP);
B) a setting specializing in providing
prenatal, post-partum, or parenting supports for youth;
C) in the case of a child who has attained 18
years of age, a supervised setting in which the child is living independently;
or
D) a setting providing
high-quality residential care and supportive services to children and youth who
have been found to be or are at risk of becoming, sex trafficking victims.
(42 U.S.C.
672(k)(2)(A)-(D))
or
2) the child is
placed in a licensed residential family-based treatment facility with a parent
who is in a licensed residential family-based treatment facility for substance
abuse, and only when:
A) the recommendation
for the placement is specified in the child's case plan before the
placement;
B) the treatment
facility provides parenting skills training, parent education and individual
and family counseling; and
C) the
substance abuse treatment, parenting skills training, parent education, and
individual and family counseling is provided under an organizational structure
and treatment framework that involves understanding, recognizing, and
responding to the effects of all types of trauma and in accordance with
recognized principles of a trauma-informed approach and trauma-specific
interventions to address the consequences of trauma and facilitate healing;
(See 42 U.S.C.
672 (j)(1)(A)-(C)),
and
3) the child is
placed in a qualified residential treatment program and the required assessment
to determine the child's appropriate placement is completed within 30 days
after the placement is made.
b) If the required placement assessment
determines that the placement of a child in a QRTP is not appropriate, a court
disapproves or a child who has been in an approved placement in a qualified
residential treatment program is going to return home or be placed with a fit
and willing relative, a legal guardian, or an adoptive parent, or in a foster
family home or the child remains un the placement beyond the 30-day period
necessary for the child to transition to the new placement. (42 U.S.C.
672(k)(3)(A)-(B))
