Current through Vol. 42, No. 1, September 16, 2024
A child is determined eligible for Title IV-E when
paragraphs (1) and (2) are present.
(1)
Legal status. The child's
removal or placement is the result of a:
(A)
court finding, determined on a case-by-case basis documented in a court order
that:
(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 Oklahoma Administrative Code (OAC)
340:75-3-300.
(I) The finding is 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 Title 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 Section 1-4-201 of Title 10A of the Oklahoma Statutes and
OAC 340:75-1-16.
(I) The determination is made no later than
60-calendar days from the date of the child's removal from the home.
(II) Failure to include this finding within
60-calendar days of the child's removal results in a determination of
ineligibility for the duration of the child's stay in out-ofhome care;
or
(B)
voluntary consent with a signed written agreement between Oklahoma Human
Services (OKDHS) or a tribe and the child's parent or legal guardian that is
binding on the parties to the agreement and specifies the child's legal status,
the rights and obligations of the parent or legal guardian, and the rights and
responsibilities of OKDHS or the tribe. A court order with required Title IV-E
findings and custody to OKDHS or the tribe is necessary when the child is in
out-of-home care more than 90-calendar days, per OAC
340:75-4-12.1.
(2)
Relationship to Aid to Families
with Dependent Children (AFDC). The Title IV-E determination is made
based on the child's circumstances in the month of the initiation of court
proceedings that led to the removal. The child must have been categorically
related to the AFDC program using the AFDC rules in effect as of July 16, 1996,
per OKDHS:10-1-1. To qualify for Title IV-E, a child is:
(A) removed:
(i) physically and legally from the parent;
or
(ii) constructively from the
parent or specified relative, per OKDHS:10-1-21, regardless of 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 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 was living in that home; and
(B) a citizen of the United States
or having an alien status that qualifies for Title IV-E;
(C) deprived of parental support or care, per
1996 AFDC policy;
(D) the
household's countable income is below the 1996 AFDC need standard;
and
(E) Title IV-E, Section 472 of
the Social Security Act allows a resource value of $10,000 for Title IV-E
eligibility.
Added at 15 Ok Reg
1457, eff 4-1-98 (emergency); Added at 16 Ok Reg 1052, eff 4-26-99; Amended at
19 Ok Reg 561, eff 12-20-01 (preemptive); Amended at 22 Ok Reg 1270, eff
5-26-05; Amended at 25 Ok Reg 970, eff 5-15-08; Amended at 29 Ok Reg 635, eff
6-1-12
