340:75-13-17. Title IV-E annual eligibility re-determination review
(a) Title IV-E (IV-E) eligibility re-determinations. Title IV-E eligibility is re-determined:
(1) no less than 12 months from the date of the most recent court order used to establish or maintain Title IV-E eligibility; or
(2) at the time the custody specialist becomes aware of a change in circumstances that may affect the Title IV-E eligibility.
(A) At the time of the eligibility re-determination, the custody specialist reviews all court orders issued after the date of the court order used to update the previous Title IV-E re-determination in KIDS.
(B) An annual Title IV-E eligibility re-determination review is not required for adoption assistance cases, as the annual review of the Adoption Assistance Agreement serves that purpose, per OAC 340:75-15-128.2.
(b) Ongoing IV-E eligibility factors. Ongoing Title IV-E eligibility factors include the child's:
(1) continued out-of-home placement;
(3) school attendance, when applicable; and
(4) financial resources.
(c) Judicial determinations for ongoing Title IV-E eligibilty.
(1) Per Section 1-4-811 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-4-811) a judicial determination that Oklahoma Department of Human Services (OKDHS) made reasonable efforts to finalize the permanency plan in effect at the time of the hearing must be made no later than:
(A) six months from the child's date of entry into out-of-home care; and
(B) at least once every six months thereafter while the child is in out-of-home care.
(2) When a judicial determination is not made the child becomes ineligible for Title IV-E from the end of the:
(A) twelfth month following the child's date of entry into out-of-home care; or
- (B) twelve months from the date of the most recent judicial determination of reasonable efforts to finalize a permanency plan, and remains ineligible until such a judicial determination is made.
(3) When a judicial determination is made that OKDHS has not made reasonable efforts to finalize a permanency plan, Title IV-E eligibility ends that month and the child remains ineligible until the court makes the finding that reasonable efforts have been made to finalize a permanency plan.
INSTRUCTIONS TO STAFF 340:75-13-17
1.(a) Annual Title IV-E eligibilityre-determination review.
(1) At the time of the Title IV-E eligibility re-determination, the custody specialist:
(A) reviews all court orders for each hearing that occurred after the date of the court order used to update the previous Title IV-E re-determination in KIDS;
(B) requests via email that the child welfare (CW) specialist scan File Cabinet information or court orders into the KIDS needed to conduct the eligibility re-determination review that are not available in KIDS;
(C) enters information in the Title IV-E Court screen in KIDS documenting:
(i) each hearing held since the last eligibility re-determination; and
(ii) the findings on each court order issued at the hearings;
(D) prints and signs Form 04KI053E, Title IV-E Eligibility Review Form;
(E) files Form 04KI053E, and copies of each court order issued since the last eligibility re-determination in the Review section of the paper case file;
(F) updates the Information Management System (IMS) to reflect the custody medical review.Sections B and D are updated with:
(i) a C change;
(ii) the effective date;
(iii) the review date; and
(iv) the notice indicator; and
(G) prints, signs, and files the ED screen in the paper case record to document the medical review.
(2) The CW specialist responds to the custody specialist's request for additional information within 30-calendar days of the email request.