Current through Register Vol. 63, No. 12, December 1, 2024
Each Title IV-E eligibility determination must result in an
eligibility status based on the following criteria:
(1) Eligible and Reimbursable. The child or
young adult is determined to have met all the Title IV-E eligibility
requirements and is in one of the following placement types:
(a) A foster family home that is fully
certified with all safety requirements of 471(a)(20)(D) of the Social Security
Act complete;
(b) A supervised
setting that is approved by the Department, in which a young adult is living
independently;
(c) A QRTP, when all
the following requirements are also met:
(A)
Within 30 days of placement, the child or young adult has received an
Independent Assessment for QRTP, as defined in 413-095-0000, that supports the
QRTP level of care. If the assessment does not support the QRTP level of care,
the child or young adult remains eligible and reimbursable for 30 days after
this decision.
(B) Within 60 days
of placement, the court has approved the QRTP level of care. If the court does
not approve the QRTP level of care, the child or young adult remains eligible
and reimbursable for 30 days after the court's decision.
(d) A setting specializing in providing
prenatal, post-partum, or parenting supports for youth; or
(e) A setting providing high-quality
residential care and supportive services to children who have been found to be
sex trafficking victims or are at risk of becoming sex trafficking
victims.
(f) For the first 14 days
of placement in a placement type described in OAR 413-100-0060(3).
(2) Eligible and Not Reimbursable.
The child or young adult is determined to have met all the Title IV-E
eligibility requirements, and at least one of the following circumstances
applies:
(a) For a period of not more than
180 days, in which an eligible child is placed in the home of a relative who
has been issued a Temporary Certificate of Approval.
(b) For a period of not more than one
calendar month during placement in a facility not eligible for payments when an
otherwise eligible child or young adult transitions directly into Title IV-E
reimbursable placement, as described in OAR 413-100-0060..
(c) For the duration of an eligible child or
young adult's runaway status.
(d)
For up to six months, or no later than the last day of a court-ordered
extension, when an eligible child is on trial reunification.
(e) For the duration of an eligible child or
young adult's receipt of SSI benefits, when the Department has applied to be,
or is the payee of SSI benefits.
(f) For the duration of an eligible child or
young adult receiving an independent living subsidy;
(g) For the duration of an eligible child or
young adult's placement in a QRTP if the Independent Assessment for QRTP, as
defined in OAR 413-095-0000, does not occur within the first 30 days of
placement in the QRTP.
(h) For the
duration of an eligible child or young adult's placement in a QRTP if the court
does not make a determination regarding the placement within the first 60 days
of placement in the QRTP.
(i) After
the first 14 days of placement in a placement type described in OAR
413-100-0060(3).
(3)
Ineligible. The child or young adult is determined to not meet all the Title
IV-E eligibility criteria for any of the following reasons:
(a) Permanent. A child is permanently
ineligible for Title IV-E foster care maintenance payments for the entire
substitute care episode when the Department determines the child is ineligible
because:
(A) The Department did not obtain a
judicial determination at the time of removal that it was in the best interest
of the child to be removed from the home;
(B) The Department did not obtain a judicial
determination of reasonable efforts to prevent removal within 60
days;
(C) The Department did not
obtain a judicial finding of best interest to continue placement within 180
days of a child's voluntary placement;
(D) The Department is unable to determine
whether the child would have been eligible for AFDC based on Oregon
administrative rules in effect on July 16, 1996; or
(E) The Department determines that a child
did not live with a specified relative for some period during the six months
prior to removal.
(b)
Temporary. A child or young adult is temporarily ineligible for Title IV-E
maintenance payments when any of the following apply:
(A) The child is placed in the month prior to
the month in which the court made a finding that it was in the child's best
interest to be removed.
(B) The
Department does not obtain a permanency finding of reasonable efforts to
achieve the permanent plan within the required timelines.
(C) The child or young adult is in a
placement that is not Title IV-E reimbursable, as described in OAR
413-100-0060.
(D) The parent or
parents establish residency in the home in which the child or young adult
resides, and one or both parents are providing caretaking responsibility for
the child or young adult.
(E) The
young adult does not meet one of the age requirements in OAR
413-100-0230(2)(b).
Statutory/Other Authority: ORS
418.005,
ORS
409.010 & ORS
409.050
Statutes/Other Implemented: ORS
418.005,
ORS
409.010 & ORS
409.050