CODES/REFERENCES

Title IV-E of the Social Security Act Sections 471(a)(1); 472; 475(4)(A) & (B) Title 45 Code of Federal Regulations (CFR) Parts 1355 and 1356

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) a/k/a The Welfare Reform Act

REQUIREMENTS

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

1. Determine a child IV-E reimbursable when:
   
    
   1. The child is under 18 years of age.
   2. The child meets financial need criteria (based only on the child’s income and resources once initial IV-E eligibility has been established).
   3. The child resides in a IV-E reimbursable placement.
   4. The child is in the custody of DFCS or another public agency under contract with the Georgia Department of Human Services (DHS).
   5. There is a judicial determination of reasonable efforts to finalize the child’s permanency plan that is in effect within 12 months of the child’s removal and at least every 12 months thereafter while the child is in foster care (See policies 9.5 Eligibility: Reasonable Efforts and 17.1 Legal: The Juvenile Court Process).
   6. A child enters foster care via Voluntary Placement Agreement (VPA) for the first 180 days, unless there has been a judicial determination of “contrary to the welfare” or “best interest” by a court.
2. Adhere to federal regulations which require a foster family home (relative or non- relative) and residential child care facility meet full approval standards.
3. Identify the following as reimbursable facilities:
   
    
   1. A licensed or approved foster family home (see policy 14.1 Resource Development: Safety and Quality Standards).
   2. A licensed or approved relative foster home (see policy 14.1 Resource Development: Safety and Quality Standards).
   3. A private, non-profit group home or childcare facility licensed by the state (see policy 16.0 Room Board and Watchful (RBWO): Introduction to RBWO).
   4. A public (government) non-medical child group home or child care facility licensed for no more than 25 children.
4. Notify Revenue Maximization (RevMax), via a Notification of Change (NOC) in Georgia SHINES, of circumstances that may affect a child’s IV-E status, including:
   
    
   1. Child turns 18.
   2. Changes in child’s income or resources.
   3. Placement changes.
   4. Changes in legal custody.
   5. Judicial proceedings and court orders.
5. Ensure a child does not receive two IV-E payments for the same day.

PROCEDURES

The Social Services Case Manager (SSCM) will:

1. Notify the RevMax Specialist (RMS) via an NOC in Georgia SHINES of:
   
    
   1. Any changes to the child’s, parent’s or placement resource’s circumstances.
   2. A concurrent placement and the need to use state funds to pay the concurrent placement while continuing the IV-E per diem to the original placement.
2. Determine where the child “spends the night” as the home to receive the IV-E payment, when a child is moved from one IV-E reimbursable placement to another the same day.
3. Document all activities in Georgia SHINES within 72 hours of occurrence.

The RMS will:

1. Conduct a IV-E reimbursability redetermination every six months, including establishing reimbursability for the past six months and for the next six months with each redetermination.
2. Determine if IV-E eligibility or reimbursability is affected, when the SSCM reports changes.
3. Authorize payment from State funds to a concurrent placement, when notified of a concurrent payment.
4. Inform the SSCM of any changes in IV-E eligibility or reimbursability via the Georgia SHINES Eligibility Summary page, including the correct funding source and effective date.
5. Document any loss of IV-E eligibility or reimbursability in the narrative of the Contact Detail in Georgia SHINES.
6. Notify Regional Accounting of the need for funding re-rates.

The Social Services Supervisor (SSS) will:

1. Ensure the RMS is notified of the following via an NOC in Georgia SHINES:
   
    
   1. Any changes to the child’s, parent’s or placement resource’s circumstances.
   2. Concurrent placements.
2. Provide guidance to the SSCM, as needed.

PRACTICE GUIDANCE

The SSCM must understand the concepts of “IV-E eligibility” and “IV-E reimbursability,” and how IV-E reimbursement can fluctuate from month-to-month. Eligibility is determined on a one-time basis when the child initially enters care. It is based on the child’s situation at the time of removal. Once established, a child’s eligibility continues as long as the child remains in DFCS custody. Reimbursability refers to the federal share in paying for the maintenance costs of a child in care; i.e., charging the cost of care to IV-E Foster Care (IV-E FC). The state may also claim IV-E administrative costs when a child is IV-E reimbursable. A child may lose and regain reimbursability status depending on changes in:

1. Placement.
2. Financial need.
3. Legal responsibility for the placement and care of the child.
4. Judicial determination of “reasonable efforts to finalize the child’s permanency plan” obtained within 12 months of the child’s removal and at least every 12 months thereafter while the child is in care.

Generally, IV-E reimbursability is for the entire month; therefore, if a child is IV-E reimbursable for any part of a month, the child is IV-E reimbursable for the entire month. The only exception to the whole month rule occurs with a change in the child’s placement. A change in placement affects the reimbursability as of the date of change. Any time reimbursability is lost, the child is reclassified to IV-E non-reimbursable.

Concurrent Payments

A concurrent placement is defined as the planned, purposeful absence of a child from his original foster home/facility which continues to be paid at the same time his temporary placement is paid. This situation requires consideration of payment sources as two IV-E payments cannot be made at the same time.

Non-IV-E Reimbursable Placements

Non-IV-E reimbursable placements include the following:

1. Regional youth detention centers (RYDC).
2. Youth forestry camps (YFC) (secure and non-secure).
3. Youth development centers (YDC) and other public or private facilities (secure and non- secure) that are operated primarily for the detention of delinquent children, which must be (a) physically restricting and (b) likely to be non-operational without a population of children adjudicated delinquent (i.e., hardware secure, locked facilities).
4. Medical facilities.
5. Relative homes that are not approved foster homes.

If a child enters a reimbursable foster care placement for part of a month, but is subsequently moved to a non-reimbursable facility for part of the same month, the child’s cost of care is not reimbursable beginning on the date of placement in the non-reimbursable placement. The child is not IV-E reimbursable until entering a reimbursable placement.

Financial Need (Income and Resources)

The child must have financial need in Aid to Families with Dependent Children (AFDC) terms for each month that he or she is in care. Only the child’s income and resources are considered. In determining initial eligibility, the total income of the removal family, including the child, is considered. The income available to the child must be less than 185% of monthly foster care per diem expenses. The RMS determines whether the child’s income meets the standard after applying certain deductions and disregards. The child’s resources must not exceed $10,000 in any single month. If the child in foster care is working, it is important for the RMS to know if the child is a full-time student in order to determine how to count the child’s income.

Legal Responsibility for Placement and Care

The county department must continue to have a valid court order or VPA giving DFCS placement responsibility for the child.

Fatal Flaws with IV-E

The following circumstances are fatal to IV-E eligibility; i.e., the child loses IV-E eligibility and reimbursability for the entire placement episode in foster care when:

1. A judicial determination of “contrary to the welfare” or “best interest” is not obtained in the first order that sanctions the removal of the child.
2. A judicial determination of “reasonable efforts to prevent removal” or “reasonable efforts are not required” is not obtained within 60 days of the child’s removal via court order.
3. The child reaches age 18.
4. DFCS custody is terminated.
5. DFCS fails to acquire a court order within 180 days of a VPA that contains the judicial finding that continued placement is in the “best interest” of the child.
6. The child is on a trial home visit beyond six months or the trial home visit exceeds the time frame authorized by the court.
7. The child is on runaway status beyond six months.