CODES/REFERENCES

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) aka The Welfare Reform Act of 1996

Title IV-E of the Social Security Act Section 471 (a) (27)

Title IV-E of the Social Security Act Sections 472 (a) (1) & (2)

Title IV-E of the Social Security Act Sections 472 (a) (3) (A) & (B) and (4) Title 45 Code of Federal Regulations (CFR) Part 1356 (l)

REQUIREMENTS

The Division of Family and Children Services (DFCS) shall:

1. Ensure that a child meets all AFDC Relatedness criteria to be IV-E eligible. The following must exist in the removal home to meet the AFDC Relatedness criteria for IV- E purposes:
   
    
   1. Age- A child must be under the age of 18 to be eligible for IV-E.
   2. Living with a specified relative in the removal home- A child must meet AFDC eligibility criteria in the month in which either a voluntary placement agreement (VPA) is entered into or a court order is initiated to remove the child from the home. For the purpose of meeting the living with a specified relative prior to removal from the home requirement, one of the two following situations will apply:
      
       
      1. The child was living with the parent or specified relative, and was AFDC eligible in that home in the month of the voluntary placement agreement or initiation of court proceedings; or
      2. The child had been living with the parent or specified relative within six months of the month of the voluntary placement agreement or the initiation of the court proceedings, and the child would have been AFDC eligible in that month if s/he had still been living in that home. NOTE: The “living with” and “removal from” condition must be met by the same specified relative. A child may be “physically or constructively” removed from the home (see policy 9.4 Eligibility: Removal from the Home).
   3. Deprivation- The child must have been deprived of the care, guidance or support of one or both parents (married or unmarried), if paternity is established. Deprivation must exist in the eligibility month.
   4. Financial need (income and resources) - The income and assets of the removal home family must be considered.
   5. Citizenship/immigration- The child must be a United States citizen or a lawfully admitted qualified immigrant to be IV-E eligible.
2. Verify the citizenship or immigration status of any child in foster care under the responsibility of the State, without regard to whether foster care maintenance payments are made on behalf of the child.
3. Ensure children meet the definition of “qualified immigrant” as defined in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) to be eligible for foster care maintenance or adoption assistance (except children receiving adoption assistance pursuant to agreements signed before August 22, 1996 may continue to receive such assistance).
4. Complete the Person Detail and Income and Resources pages in Georgia SHINES to allow the Revenue Maximization (RevMax) Specialist to determine if the child meets the AFDC Relatedness criteria in the removal home.

PROCEDURES

The Social Services Case Manager (SSCM) will:

1. Complete the Person Detail and Income and Resources pages in Georgia SHINES.
2. Complete the “living with” and “removal home” information on the Application and Background page in Georgia SHINES, including:
   
    
   1. The child’s caretaker in the month the VPA was signed or the court order was initiated.
   2. The relationship of the caretaker to the child as parent, relative or other.
   3. Whether the child lived with a specified relative in the past six months, if other is checked.
   4. The person from whom legal custody was removed. NOTE: The SSCM must ensure the removal home box is checked on the address for the child for the information to pre-populate to the Medicaid/IV-E application.
   5. Household members of the removal home.
   6. Available information about income and resources.
   7. Documentation of a child’s qualified immigrant status and updates to the Citizenship page if the child does not meet qualified immigrant status requirements.
3. Upload the following in External Documentation in Georgia SHINES:
   
    
   1. Income and/or resource verification, if applicable.
   2. Documentation of the child’s qualified immigrant status.
   3. Child’s birth certificate. NOTE: If the birth certificate is not uploaded, the RevMax Specialist may check Vital Statistics for children born in Georgia.
4. Contact the RevMax Specialist if you have any questions regarding which home constitutes the removal home.
5. Submit a Notification of Change (NOC) via Georgia SHINES to report any changes to the RevMax Specialist.

The Social Services Supervisor will:

1. Review the case record to ensure the following:
   
    
   1. Completion of the following pages in Georgia SHINES:
      
       
      1. Person Detail
      2. Income and Resources
      3. Application and Background
   2. Verification is uploaded into External Documentation in Georgia SHINES.
   3. Any changes are reported to RevMax via the NOC.
2. Staff with the SSCM if any follow-up is needed.

PRACTICE GUIDANCE

In all references to AFDC relatedness, the eligibility of the child is based on the AFDC program in effect in Georgia’s State Plan on July 16, 1996.

Specified Relative and Removal Home

The removal home is the home of the specified relative from whom legal custody of the child was removed. The following relationships meet the requirements of a specified relative:

1. Parents (either by birth, legal adoption or step-relationship)
2. Grandparents (up to great-great-great)
3. Siblings (whole, half or step)
4. Aunts/uncles (up to great-great)
5. Nieces/nephews (up to great-great)
6. First cousin
7. First cousin once removed (the child of a first cousin)
8. Spouses of any person named in the above group, even after the marriage is terminated by death or divorce EXCEPTION: The spouse of a step-parent or the spouse of a step-sibling is NOT within the specified degree of relationship

Relationship is established by one of the following:

1. Birth
2. Marriage
3. Legal adoption

An individual who has legal custody of the child does not meet the relationship requirement. Adoption or severance of parental rights does not terminate blood relationship for the specified relative requirement. The requirement for “living with a specified relative” is met if a newborn child is placed in DFCS care and responsibility directly from the hospital.

Eligibility Month

The eligibility month is defined as the month in which one of the following occurs:

1. The initiation of court proceedings (i.e., the filing of the complaint or petition) that led to the removal of the child; or
2. The date a VPA was signed by all parties.

Parental Deprivation

Deprivation results from one of the following situations in the removal home:

1. Death.
2. Separation: Parents are legally separated and one of the parents is not living in the same house.
3. Divorce: Parents are divorced and one of the parents is not living in the same house.
4. Continual absence: One of the parents is continually absent from the home where the child resides.
5. Institutionalized/incarcerated: One of the parents is in an institution or incarcerated, prior to the child’s placement.
6. Incapacitated or disabled: Any condition of mind or body which substantially reduces or eliminates the ability of the parent to support or care for the child. The parent’s disability should be determined, and the disability continues for at least 30 days. If the parent is receiving SSI or Social Security disability benefits, Veteran’s Disability benefits (100%), Railroad benefits, or Worker’s Compensation benefits, the incapacitation requirement is met, and verification of benefits shall be included in the record (such as a copy of the award letter, or copy of a check).
7. Termination of parental rights: The child is deprived from the date of the termination of parental rights.
8. Unemployment of the principal wage earner: This condition only applies when both parents are present in the household. The child can be considered deprived if the principal wage-earning parent is unemployed.

Citizenship/Immigration Status

IV-E can be claimed for an otherwise eligible child pending the SSCM’s verification of immigrant status from Homeland Security.

Qualified Immigrant

PRWORA defines a qualified immigrant as an immigrant who, at the time the immigrant applies for, receives or attempts to receive a Federal public benefit, is:

1. An immigrant who is lawfully admitted for permanent residence under the Immigration and Nationality Act.
2. An immigrant granted asylum under section 208 of the Immigration and Nationality Act.
3. A refugee who is admitted to the United States under section 207of the Immigration and Nationality Act.
4. An immigrant who is paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act for a period of at least one year.
5. An immigrant whose deportation is being withheld under section 243(h) of the Immigration and Nationality Act.
6. An immigrant who is granted conditional entry pursuant to section 203(a)(7) of the Immigration and Nationality Act as in effect prior to April 1, 1980.

FORMS AND TOOLS

Medicaid Manual Policy 2215 Citizenship/Immigration/Identity