A child is eligible for Title IV-E assistance only if the child is the subject of a valid removal from the home.

Both of the following must occur for a removal to be valid:

• The court makes a finding that remaining in the home is “contrary to the welfare” of the child.
• The court’s “contrary to the welfare” finding coincides with DFPS’s action to physically take the child from the home.

If DFPS does not physically remove the child from the home by the end of the next business day following the day the court makes the “contrary to the welfare” finding, the following occurs:

• The child is not eligible for Title IV-E assistance.
• The child remains ineligible for Title IV-E assistance for the entire foster care episode. A foster care episode is the time period from when the court legally orders the child’s removal to when the court dismisses the conservatorship case.
• The foster care eligibility specialist denies the child’s application for Title IV-E assistance.

Exceptions to Standard Time Frame

Extenuating circumstances may prevent DFPS from physically removing the child from the home by the end of the next business day after the day the court makes the “contrary to the welfare” finding. For example, the child may be missing because the child has run away or the parent has taken the child.

In some cases, the court may order an alternative time frame for DFPS to physically remove the child from the home.

In these situations, foster care eligibility staff members consult with the Federal and State Support division.