CODES/REFERENCES

Title IV-E of the Social Security Act Sections 406(a); 422(b)(8); 471(a)(1), 471(a)(15); 472 (j)(1); 475(4)(A) & (B) and (5)

Title 45 Code of Federal Regulations (CFR) Parts 1355 and 1356

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

Family First Prevention Services Act (P.L. 115-123)

REQUIREMENTS

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

1. Provide foster care maintenance payments for each child who meets section 406(a) of the Social Security Act (as in effect 7/16/96), is removed from the home of a specified relative as outlined in policy 9.6 Eligibility: Aid to Families with Dependent Children (AFDC) Relatedness Criteria), and is placed in foster care if:
   
    
   1. The removal and foster care placement met and continues to meet the following requirements:
      
       
      1. The removal and foster care placement are in accordance with a voluntary placement agreement (VPA) entered into by a parent or legal guardian of the child who is the specified relative; or
      2. A judicial determination to the effect that continuation of residence in the home from which removed would be contrary to the welfare or that the placement would be in the best interest of the child and that reasonable efforts were made (see policy 9.5 Eligibility: Reasonable Efforts). The contrary to the welfare determination will be made in the first ruling that sanctions (even temporarily) the removal of the child from the home. If the determination regarding contrary to the welfare is not made in the first court ruling pertaining to removal from the home, the child will not be eligible for Title IV-E foster care maintenance payments for the duration of that stay in foster care; and
      3. The child is placed in one of the following:
         
          
         1. A foster family home of an individual or family, whether the payments are made to such individual or to a public or private child placement or child care agency (see policy 10.4 Foster Care: Selecting a Placement Resource for definition of a foster family home).
         2. A childcare institution (CCI) whether the payments are made to such institution or to a public or private child placement or childcare agency (see policy 10.4 Foster Care: Selecting a Placement Resource for the definition of a CCI). Such payments include only those items listed in the term "foster care maintenance payments" (defined in section 475(4) of the Act). Title IV-E agencies may claim for title IV-E foster care maintenance payments paid on behalf of an eligible child placed in a CCI for up to two weeks. Title IV-E agencies may continue to claim administrative costs for the duration of the period in the CCI regardless of whether the CCI meets the criteria of a qualified residential treatment program (QTRP). After two weeks (14 days), title IV-E foster care maintenance payments for a child placed in a CCI are only available if that CCI is:
            1. A QRTP, as defined in section 472(k)(4) of the Act (see policy 16.0 Room Board Watchful Oversight: Introduction to Room Board Watchful Oversight for the QRTP program description); NOTE: Georgia has not implemented QRTP and will only claim title IV- E foster care maintenance payments for the initial two weeks (14 days) that an eligible child is placed in a CCI, unless the CCI is an allowable placement category under federal law.
            2. A setting specializing in providing prenatal, post-partum, or parenting supports for youth in foster care (see policy 16.1 Room Board Watchful Oversight: Program Designation Types for Maternity Homes and Parenting Support Programs);
            3. A supervised setting in which the youth is living independently, in the case of a youth who has attained 18 years of age (see policy 16.0 Room Board Watchful Oversight: Introduction to Room Board Watchful Oversight for the Independent Living Program description); NOTE: Georgia uses supervised independent living settings for youth who has attained the age of 18, however does not currently claim title IV-E foster care maintenance payments for these settings.
            4. A setting providing high-quality residential care and supportive services to children and youth who have been found to be, or are at risk of becoming, sex trafficking victims (see policy 16.1 Room Board Watchful Oversight: Program Designation Types for Maximum Watchful Oversight); or
         3. With a parent residing in a licensed residential family-based treatment facility for substance abuse, but only to the extent permitted under 472(j) of the Act which include:
            1. Eligibility for payments for no more than 12 months;
            2. The recommendation for the placement is specified in the child’s case plan prior to the placement;
            3. The treatment facility provides, as part of the treatment for substance abuse, parenting skills training, parent education, and individual and family counseling; and
            4. The substance abuse treatment, parenting skills training, parent education, and individual and family counseling are provided under an organizational structure and treatment framework that involves understanding, recognizing and responding to the effects of all types of traumas and in accordance with recognized principles of a trauma informed approach and trauma-specific interventions to address the consequences of trauma and facilitate healing; or NOTE: Georgia does not currently claim title IV-E foster care maintenance payments for a child placed with a parent in a licensed residential family-based treatment facility for substance abuse.
      4. The child’s placement and care are the responsibility of:
         1. The state agency administering the approved state plan;
         2. Any other public agency with which the state agency administering or supervising the administration of the approved Title IV-E plan has made an agreement with which is still in effect; and
         3. A tribe that has an approved plan; and
   2. The child, while in the home, would have met the Aid to Families with Dependent Children (AFDC) program eligibility requirement. The child:
      1. Received AFDC, in the home of the specified relative in or for the month in which either a VPA was entered into or court proceedings leading to the required judicial determination were initiated; or
      2. Would have received AFDC, in the home, in or for the month in which either a voluntary placement agreement was entered into or court proceedings leading to the required judicial determination were initiated if application for such aid were made; or
      3. Had been living with a specified relative within six months prior to the month in which a VPA proceedings leading to the required judicial determination were initiated, and would have received AFDC in or for such month if the child had been living in the home with such relative and an application had been made for AFDC; and
      4. Had resources that had a combined value of not more than $10,000 or
      5. Is not required to meet AFDC requirements in 472(a)(3) of the Act (as outlined above under AFDC program eligibility requirements) because the child is placed with a parent residing in a licensed residential family-based substance abuse treatment facility.
2. Deem any child with respect to whom foster care maintenance payments are paid a dependent child as defined in section 406 of the Social Security Act (as in effect 7/16/1996) and a recipient of AFDC under Part A of this Title (as in effect 7/16/1996), for the purposes of Title XIX and Title XX. Title XIX and Title XX services will be available to such child in the state in which the child resides. NOTE: Georgia has opted out of kinship guardianship assistance program.
3. Make foster care maintenance payments for the voluntary placement of a child out of the home by or with the participation of the state agency only if:
   
    
   1. The state has fulfilled all of the requirements of section 472 of the Social Security Act; sections 422(b)(8) and 475(5) of the Social Security Act; and 45 CFR 1356.21 (e), (f), (g), (h) and (i) of the Social Security Act; and
   2. The assistance of the state/tribal agency has been requested by the child’s parent(s) or legal guardian(s);
   3. There is a written voluntary placement agreement, binding all parties to the agreement, which specifies at a minimum the legal status of the child and the rights and obligations of the parents or guardians, the child and the state/tribal agency while the child is in placement (see policy 10.2 Foster Care: Placement of a Child via Voluntary Placement Agreement).
4. Claim federal financial participation only for voluntary foster care maintenance expenditures made within the first 180 days of the child’s placement in foster care unless there has been a judicial determination by a court of competent jurisdiction, within the first 180 days of the date of such placement, to the effect that the continued voluntary placement is in the best interests of the child (see policy 10.2 Foster Care: Placement of a Child via Voluntary Placement Agreement).
5. Provide foster care maintenance payments for a child in foster care to cover the cost of (and the cost of providing) food, clothing, shelter, daily supervision, school supplies, a child’s personal incidentals, liability insurance with respect to the child, and reasonable travel to the child's home for visitation with family, or other caretakers and reasonable travel for the child to remain in the school in which the child is enrolled at the time of placement. Local travel associated with providing these items is also an allowable expense. In the case of child care institutions, such term must include the reasonable costs of administration and operation of such institutions as are necessarily required to provide the items described.
6. Make foster care maintenance payments on behalf of an eligible child who is:
   
    
   1. In the foster family home of an individual or family, whether the payments are made to that individual or to a public or private child placement or child care agency; or
   2. In a childcare institution, whether the payments are made to such institution or to a public or private child placement or childcare agency. Such payments are limited to include only those items listed above in the term "foster care maintenance payments" (defined in section 475(4) of the Act).
7. Ensure that foster care maintenance payments made on behalf of a child placed in a foster family home or child care institution, who is the parent of a son or daughter in the same home or institution, must include amounts which are necessary to cover the costs incurred on behalf of the child’s son or daughter. Such costs are limited to funds expended on the items described in the definition of foster care maintenance payments (see policy 9.10 Eligibility: Special Situations (Trial Home Visits, Runaway, Parenting Youth in Foster Care and Out-of-State IV-E Foster Care) and 10.21 Foster Care: Expectant or Parenting Youth in Foster Care).
8. Claim administrative costs on all cases for those children who are IV-E reimbursable. from claiming administrative costs, at this time, associated with an otherwise eligible child who is an unallowable facility or an unapproved relative home and who is removed in accordance with Section 472 (a) from the home of a relative specified in section 406(a)(as in effect on July 16, 1996) shall be considered only for expenditures:
   
    
   1. For a period of not more than the lesser of 12 months or the average length of time it takes to license or approve a home as a foster home, in which the child is in the home of a relative and an application is pending for licensing or approval of the home as a foster family home; or
   2. For a period of not more than 1 calendar month when a child moves from a facility not eligible for payments under this part into a foster family home or child care institution licensed or approved by the state/tribe.
9. Refrain from claiming administrative costs, at this time, associated with a child who is potentially eligible for benefits under the approved Title IV-E plan and at imminent risk of removal from the home, and shall be considered for expenditures only if:
   
    
   1. Reasonable efforts are being made in accordance with section 471(a)(15) to prevent the need for, or if necessary to pursue, removal of the child from the home; and
   2. The state/tribal agency has made, not less often than every 6 months, a determination (or redetermination) as to whether the child remains at imminent risk of removal from the home.

PROCEDURES

N/A 

PRACTICE GUIDANCE

Title IV-E Reimbursements

Title IV-E provides reimbursement for costs associated with the care and maintenance of children in foster care placement and for administrative cost related to the state’s Foster Care Program. The IV-E Foster Care Program authorized by the Social Security Act, provides funds to states for the following activities:

1. Maintenance of children in foster care placements.
2. Reimbursement of administrative and case management costs incurred while staff work with the child, the child’s family and the care provider.
3. Reimbursement for training agency staff and providers who work with the child or who administer the foster care program.

Children classified as Title IV-E eligible must have some relationship to the Aid to Families with Dependent Children (AFDC) program in addition to meeting other criteria. Title IV-E is unrelated to Temporary Assistance to Needy Families (TANF). In the Welfare Reform Act of 1996, Congress mandated that the state AFDC policy in effect on July 16,1996 be used for determining the AFDC relationship for IV-E eligibility purposes.

Federal Financial Participation (FFP)

FFP is the portion paid by the Federal government to states for their share of expenditures for providing medical assistance services, administering the medical assistance program and certain other human services programs.

Aid to Families with Dependent Children (AFDC)

AFDC was a program administered and funded by federal and state governments to provide cash assistance to needy families. It was replaced by the Temporary Assistance to Needy Families (TANF) grant in August 1996.

Child Care Institution

States may claim title IV-E foster care maintenance payments for children placed in a CCI for up to two weeks (14 days). After 14 days, the CCI must meet the requirements for a QRTP to claim foster care maintenance payments, unless the CCI placement is one of the allowable categories under title IV-E. Title IV-E agencies may claim 14 days of title IV-E foster care maintenance payments each time an eligible child is placed in a CCI regardless of whether the child has had previous CCI placements during their current foster care episode.