Administrative Rules of Montana
Department 37 - PUBLIC HEALTH AND HUMAN SERVICES
Chapter 37.49 - IV-E FOSTER CARE SERVICES
Subchapter 37.49.4 - Income
Rule 37.49.401 - IV-E ELIGIBILITY: A CONDITION OF NEED MUST EXIST
Universal Citation: MT Admin Rules 37.49.401
Current through Register Vol. 18, September 20, 2024
(1) A child is not IV-E eligible unless the requirements in ARM 37.49.102 are met.
(2) After the initial determination of IV-E financial eligibility, the child is not eligible for IV-E benefits as specified in ARM 37.49.102(4) (a) and (b) unless:
(a) deprivation of parental support as
defined in ARM
37.49.113 exists, and:
(i) the child is under 18 years of age;
or
(ii) the youth is age 18 or a
full-time student in a secondary school and is reasonably expected to obtain a
secondary school diploma or its equivalent in or before the month of the
child's 19th birthday; and
(b) a judicial determination that:
(i) reasonable efforts to finalize the
permanency plan have been made within 12 months from the time the court
determined that the child was subjected to abuse or neglect; or
(ii) 12 months after the first 60 days of the
removal from the home, whichever comes first; or
(iii) from the time of the last permanency
plan hearing, or within 30 days of a determination that reasonable efforts to
provide preservation or reunification services are not necessary;
(c) the child is placed in a IV-E
eligible and licensed foster care placement; and
(d) the child has income and resources equal
to or less than the applicable income and resource standards established in ARM
37.49.407 and
37.49.501.
Sec. 53-2-201 and 53-6-113, MCA; IMP, Sec. 53-2-201, 53-2-613 and 53-6-131, MCA;
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