340:75-13-13. Title IV-E eligibility criteria
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 must be 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 must be 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-of-home care; or
(B) voluntary consent with a signed written agreement between Oklahoma Department of Human Services (DHS)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 DHS or the tribe.A court order with required Title IV-E findings and custody to DHS 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 child's removal from the home and up to the point of 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:
(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; • 2
(B) a citizen of the United States or having an alien status that qualifies for Title IV-E; and • 3
(C) deprived of parental support or care, per 1996 AFDC policy; • 4
(D) the household's countable income must be below the 1996 AFDC need standard; • 5 and
(E) Title IV-E, Section 472 of the Social Security Act allows a resource value of $10,000 for Title IV-E eligibility.
INSTRUCTIONS TO STAFF 340:75-13-13
(1) Child Welfare Services (CWS) cases.
(A) A Title IV-E eligibility determination is made only when the custody specialist has:
(i) a copy of the court order removing the child from the home that contains the specific judicial determinations required by state and federal law; or
(ii) completed Forms 04FC007E, Authorization from Parent or Guardian for Voluntary Foster Home Placement and Medical Care of Child, or 04IL001E, Voluntary Placement Request.
(B) Upon review of the applicable documents, the custody specialist reviews the court order to ensure it contains the required judicial findings.
(C) The district director develops and documents a plan with the local court to ensure the orders:
(i) contain the required Title IV-E findings; and
(ii) are received within five-business days of the petition filing.The plan includes procedures for:
(I) review of each order for Title IV-E-required judicial findings;
(II) documentation of all insufficient orders;
(III) action steps for collaborating with the court to correct future orders; and
(IV) annual review of the plan and remediation of problem issues.
(2) Tribal cases.When the tribal court order does not contain Title IV-E-required judicial determinations, a copy of the order is faxed to the DHS tribal coordinator, who consults with the tribe regarding judicial determinations necessary for determining Title IV-E eligibility.
2.Constructive removal.The date of constructive removal by court order is used as the date of actual removal, per Section 1356.21(k) of the Title 45 of Code of Federal Regulations.Constructive removal is a non-physical or paper removal of custody from the parent or legal guardian under certain circumstances.A child may already be living with a non-custodial relative when Oklahoma Department of Human Services (DHS) Child Protective Services intervenes and DHS may determine the child should remain in the relative's home, with the relative acting as the child's kinship foster parent.A child in this situation is "constructively removed" for time period requirements even though the child did not change homes.
3.Citizenship or alien status.Under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), codified at Section 1641(b) of Title 8 of the United States Code (8 U.S.C. § 1641(b)), only United States citizens and qualified aliens are eligible for Title IV-E funded foster care and adoption assistance.A qualified alien is:
(1) an alien lawfully admitted for permanent residence under the Immigration and Nationality Act (INA), 8 USC 1101 et seq.;
(2) a refugee, admitted under § 207 of the INA;
(3) an alien granted asylum under § 208 of the INA;
(4) a Cuban or Haitian entrant, as defined in § 501(e) of the Refugee Education Assistance Act of 1980;
(5) an alien granted parole for at least one year under § 212(d)(5) of the INA;
(6) an alien whose deportation is being withheld under:
(A) § 243(h) of the INA as in effect prior to April 1, 1997; or
(B) § 241(b)(3) of the INA, as amended;
(7) an alien granted conditional entry under § 203(a)(7) of the INA in effect before April 1, 1980;
(8) a battered spouse, battered child or parent, or a child of a battered person with a petition under § 204(a)(1)(A) or § 244(a)(3) of the Immigration and Naturalization Act; and
(9) a victim of a severe form of trafficking, per 22 U.S.C. § 7102.
(A) All qualified alien children who are eligible for Title IV-E purposes are eligible for Medicaid under Title XIX.
(B) An alien child may be determined eligible for Title IV-E purposes, regardless of how long they have been in the United States.
(C) The parent of the removed child provides written documentation of the status of the child's residency in the United States.When the parent has no documentation of citizenship or lawful presence in the United States for the child or asserts some other immigration status, the CWS specialist contacts DHS Legal Services for guidance.
(i) The use of federal funds for medical treatment, other than emergency Medicaid purposes, is prohibited for persons who are not in the qualified categories.
(ii) Medical services for children in DHS legal custody who are not qualified aliens are paid from state funds.
4.Deprivation of parental support.The child is eligible for Title IV-E when, in addition to meeting other conditions of eligibility, the child is deprived of parental support or care because either parent:
(1) is deceased;
(2) is absent from the home;
(3) meets the definition of unemployed or underemployed parent, per 1996 Aid to Families with Dependent Children (AFDC) policy;
(4) is physically or mentally incapacitated; or
(5) is the parent solely responsible for the child, such as a single adoptive parent.
5.Income Standards for Title IV-E Eligibility.A child is eligible for Title IV-E when, in addition to meeting other conditions of eligibility, the household's countable income is below the 1996 AFDC need standard.
(1) Verification for AFDC income and deprivation eligibility may be obtained through sources including, but not limited to:
(A) information from the child abuse and neglect system (KIDS);
(B) information from the child welfare specialist or tribal representative who has personal knowledge of the household's situation at the time of the child's removal;
(C) Form 04KI003E, Report to District Attorney;
(D) all available income verifications including:
(i) Family Assistance/Client Services (FACS) case notes from family support cases open at the time of the child's removal from the home;
(ii) relevant Information Management System screens including:
(I) PY, an index data exchange information and case data for a particular person;
(II) Oklahoma Wage Link (OWL or OWC) the most current Oklahoma Employment Security Commission wage information and unemployment benefits;
(III) Child Support Services;
(IV) EB, financial assistance program;
(V) EC, food stamp eligibility information; and
(VI) ED, medical assistance eligibility information; and
(E) other relevant sources of income verification as listed in Oklahoma Administrative Code 340:65-3-4 Instructions to Staff.