This policy is used to determine eligibility for IV-E foster care and adoption maintenance payments and Medicaid assistance through the coordination of the Economic Assistance and Social Services units. That collaboration ensures eligibility requirements are met, monitored and maintained.
6 and 12-Month Review Hearings
Chapter 12 B, Chapter 13 G.3, Chapter 15 |
Medicaid
Chapter 2V. Chapter 3R, Chapter 14 I.C&D, Chapter 15 I.C, Chapter 17 |
Adjudicated Delinquents
Chapter 5 L |
Minor Parent
Chapter 5 J |
Age/Aging Out
Chapter 14 I.D, Attachment 2 |
Need Standard
Chapter 9, 10 & Table VI |
Assets
Chapter 5 E, Attachment 2 |
Notice
Chapter 14 |
Background Checks
Chapter 6 D |
Out-of-State Placement
Chapter 3 R, Chapter 5 I |
Case Transfer
Chapter 15 IV, Chapter 19 IV |
Periodic Reviews
Chapter 3 R, Chapter 13 D & J, Chapter 15 |
Certification
Chapter 6 |
Permanency Hearing
Chapter 7, Chapter 12 A. 7. & B, Chapter 13 E, Chapter 15 I.C.5, Chapter 19 V. Alert 2 |
Citizenship
Attachment 1, Attachment 2 |
Placements
Chapter 5 |
Compliance File
Chapter 19 VI. |
Quality Assurance (QA)
Chapter 19 II. |
Confidentiality
Chapter 1, Chapter 2 |
Reasonable Efforts
Chapter 7 I.B., Chapter 15 III. C. |
Contrary to the Welfare
Chapter 7 I. A, Chapter 15 III. C. |
Reimbursable
Chapter 6, Chapter 10, Chapter 11 F & G, Chapter 19 V Alert 2 |
Coordination Meetings
Chapter 13. G & N, Chapter 19 |
Removal From Home
Chapter 4, Chapter 9 II., Attachment 2 |
Correcting Errors
Chapter 19 III |
Runaways
Chapter 5 K |
Court Order Sample
Attachment 3 |
Sponsor of Immigrant
Chapter 3 N.6, Chapter 9 II.B.2.c |
Compliance File
Chapter 19 VI. |
SSI Children
Chapter 3 P |
Contrary to the Welfare
Chapter 7 I. A, Chapter 15 III. C. |
Stepparent
Chapter 9 II.A.3, B.1.d, C. |
Deprivation
Chapter 5 E, Attachment 2 |
Time Frames
Chapter 2, Table 1 |
Deprivation
Chapter 5 E, Attachment 2 |
Trial Home Placement
Chapter 5 H, Chapter 11 E |
Immigrant
Chapter 9 I.C, II, B1.d, C.2.b and c |
Voluntary Placements
Chapter 5 F, Chapter 7 III. A., Chapter 11 C & D, Table III |
Income
Chapter 5 E |
Voluntary Relinquishment Chapter 5 G, Chapter 7 III. B., Chapter 11 D |
I. INTRODUCTION
This policy is used to determine eligibility for IV-E foster care maintenance payments and related Medicaid assistance through the coordination of the Economic Assistance Division, Protective Services Division and Juvenile Services Division. The team approach is important to ensure eligibility requirements are met, monitored and maintained.
II. AUTHORITY
Regulations: IV-E P.L. 104-193, as amended by P.L. 105-33; U.S. Code Title 42, Chapter 7, Subchapter 4, Part E, “Federal Payments for Foster Care and Adoption Assistance.” Title IV-E of the Social Security Act provides Federal funding for foster care maintenance for children who meet eligibility and reimbursabilty criteria. Title IV-E also provides funding for administration and training for the foster care program.
Eligibility requirements for IV-E as established under Public Law 96-272, the Adoption Assistance and Child Welfare Act of 1980, became effective June 17, 1980. It amended Title IV of the Social Security Act to establish a new Part E, which provides for federal payments to the states for foster care maintenance and adoption assistance payments, including administrative and training payments. ASFA (The Adoption and Safe Families Act) was signed by President Clinton on November 19, 1997, which further defined federal regulations necessary to claim these funds and to ensure permanency for children. Title IV-E eligible children are categorically eligible for Medicaid.
The Administration for Children and Families (ACF) is the federal agency that sets regulations and monitors the Title IV-E foster care and adoption programs. Title IV-E is administered by the Department of Family Services. The agency acts as an applicant for the child and provides Title IV-E foster care payments to providers on behalf of eligible children within:
- the guidelines established by state and/or federal legislation for the program; and
- the established standards of the AFDC program in effect July 1996. D.All records are confidential. No person shall disclose, receive, use or
- knowingly permit or participate in the use of information from records maintained pursuant to law or acquired in the performance of duties for purposes not directly related to case work and administration. Refer to Wyoming Statutes 14-2-111, 14-3-124,14-3-437, 14-6-203, 14-6-239, 14-6-437, and 16-4-203 for further information on confidentiality and safeguarding information.
III. Overview of Title IV-E Foster Care
- Covered Expenses
Title IV-E benefits are individual entitlements for a qualified child in out of home care. The Federal government shares in the cost of:- Maintaining the child in out of home care (includes the room, board, and other maintenance and supervision costs for certified foster parents, child care institutions, shelter care providers, and group homes.)
- Administering the foster care program, including staff and administrative costs incurred when working with the child, the child’s family, and the care providers.
- Training staff that work with the child, including foster parents or those who administer the foster care system for the child.
- Title IV-E Eligibility and Reimbursability for Foster Care
A qualified child enables the State to collect Title IV-E funds in two ways:- IV-E Eligibility: The determination for Title IV-E eligibility qualifies the State to obtain IV-E reimbursement for administrative and training costs associated with the child.
- IV-E Reimbursability: The determination of IV-E reimbursability qualifies the State to also obtain IV-E reimbursement for foster care maintenance cost (such as room, board, or clothing) associated with the child. A child is also categorically eligible for Medicaid when IV-E eligible and reimbursable.
- For purposes of Titles XIX and XX, any child with respect to whom foster care maintenance payments are made under this section will be deemed a dependent child as defined in section 406 of the Act (as so in effect 7/16/1996) and shall be deemed to be a recipient of aid to families with dependent children under Part A of the this Title (as so in effect 7/16/1996). Titles XIX and XX services will be available to such child in the State in which the child resides.
IV. DEFINITION OF TERMS
Adoption and Foster Care Analysis & Reporting System (AFCARS) – is a federally mandated electronic data collection system used by the states to collect and transmit to the federal agency selected data elements with respect to children in foster care and children who have been adopted under the auspices of the state child welfare agency. Its purpose is to ensure that federal requirements related to standards of care for foster and adopted children are met by states. Wyoming has WYCAPS and EPICS to electronically capture data.
Adjudicated delinquent – is the pronouncement of a judgment or decree by a court regarding a juvenile.
Adoption and Safe Families Act (ASFA) – is a federal legislation passed on November 19, 1997, intended to strengthen Titles IV-B and IV-E of the Social Security Act. It required greater accountability on the part of states for the safety, permanency, and well-being of children in the state’s foster care and adoption programs through the achievement of such outcomes as shorter stays in foster care, and increased number of adoptions, and safer placement of children.
AFDC/AFDC-UP - Aid to Families With Dependent Children program and Aid to Families With Dependent Children - Unemployed Parent program. Eligibility for IV-E is to be based on policy for these programs in effect on 7/1/96.
Affidavit – is a voluntary statement or declaration of facts, written or printed and sworn to by the person making it before an office authorized to administer oaths.
Asset – is all real and personal property owned by a person including money on hand the first moment of the first day of the month.
Assistance unit - persons living together whose income and assets must be considered in determining eligibility and benefit level.
Basic foster care – is a Medicaid foster care group. This coverage group is100% funded with State dollars. This Medicaid category is used when a foster child does not meet any other Medicaid foster care group.
Behavior Rehabilitation Services Facility (BRS) – provided to children to remediate debilitating disorders upon the certification of a physical or other licensed practitioner of the healing arts that the services are medically necessary for the child. These services are billable to Title XIX if the child is eligible. Maintenance payments for the child while s/he receives these services may be charged to Title IV-E if the child is eligible.
Boarding home – is the same as group home.
Budgeting – the act of calculating the amount of money to be paid to the assistance unit to meet its needs for a given month.
Candidate – for foster care is a child who is at serious risk of removal from home as evidenced by DFS either pursuing his/her removal from the home or making reasonable efforts to prevent such removal.
CAP - the income limit established by the Federal government as one of the prospective eligibility tests and is 185% of the standard of need.
Care and Control – when a parent or caretaker relative can be counted on to function in planning for and/or is giving the child(ren) physical care, guidance, and maintenance.
Case plan (also known as a Family Service Plan) – a plan developed jointly with the parent(s) or guardian(s) of a child in foster care. The plan describes the services offered and provided to prevent removal of the child from his/her home and/or reunification. Such description should include whether or not services to the family have been accessible, available and appropriate.
Caseworker – the DFS social worker or probation officer.
Central Registry Check– is the process of examining the Wyoming Department of Family Services computer system to determine if an individual has been involved in an incident involving maltreatment of a child or disabled adult and is listed as being on the Central Registry.
Certified foster care facilities/placement - those facilities certified by DFS to care for children and meeting the standards established for such certification to include a non-relative foster family home, a relative family foster home (not the parent(s)), group home, public institution of 25 children or less or a private non-profit institution.
Child – a person between birth and 18 years old. For IV-E purposes may be age 18 if graduating before age 19.
Child Care Institution – a private child care institution, or a public child care institution which accommodate no more than 25 children, and is licensed by the State in which it is situated or has been approved by the agency of such State or tribal licensing authority (with respect to child care institution on or near Indian reservations) responsible for licensing or approval of institutions of this type as meeting the standards established for such licensing. This definition must not include detention facilities, forestry camps, training schools, or any other facility primarily for the detention of children who are determined to be delinquent.
Child Placing Agency (CPA) - Any private person, partnership, cooperation, association, agency or other entity that arranges for the permanent placement or temporary care, maintenance and supervision of children in a place other than the home of their parents or relatives. Verification of the CPA’s foster home certification and background check are required for IV-E purposes.
Children In Need Of Supervision (CHINS) – provision is made for the care
of children age twelve (12) through sixteen (16) who are beyond the control of their parents, have run away, have substance abuse problems, or other high risk behaviors or whose parents are unable, unwilling or unsuccessful in providing for their basic needs.
Contrary to the Welfare (CTW) – “Contrary to the child’s welfare” commonly referred to as CTW, is a judicial protection mandated by federal laws to eliminate the unnecessary removal of a child from the home and the accompanying trauma to the child. This protection is in the form of a court finding and must be entered in the very first court order directly leading to the removal of the child from the home. The language of the finding must be to the effect that it would be contrary to the welfare of the child to remain in his or her home. Failure by the court to make this determination in the initial removal order renders a child ineligible for Title IV-E funds for that entire placement episode.
Constructive removal – “Constructive removal” is a federal term referring to the legal removal (though not necessarily the physical removal) of a child from his or her non-parental home which meets Title IV-E eligibility requirements. In such cases, if the child has lived with his or her parent(s) within six months of the petition to the court or the signing of the court order or VPA which initiates the legal removal, the child is considered to be removed from the parent. The child may remain with the person with whom s/he was living or be placed in a certified foster care. The removal is still considered to be from the parent.
Court order – is an order issued by the court and used to determine necessary enforcement action.
Court order date – is the date of the hearing as stated within the court order. If the date of the hearing is missing from the order, then it is the date on a court order that has been signed by or has the name stamp of the judge/commissioner who presided at the hearing. The county clerk’s date file stamp is also accepted.
Criminal history check – is an investigation of a prospective foster or adoptive parent’s or a relative’s personal history to discover any criminal convictions that may indicate a threat that the individual could pose potential danger to children. This also includes staff of licensed facilities. Persons convicted of certain crimes cannot be certified or approved either permanently or for a period of five years, depending on the specific conviction.
Custody – is the legal detention of a person; the care and control of a child.
Custody episode – See Placement episode.
Deprivation – at the time a child is removed when a parent(s) or caretaker(s) is not providing care and control of a child(ren) or cannot be counted on to function in planning for the physical care, guidance and maintenance of the child due to death, continued absence, incapacity or unemployment.
DFS-FO – is the Department of Family Services Field Office.
DFS-SO – is the Department of Family Services State Office.
EITC (Earned Income Tax Credit) - an amount of money either deducted from the taxes owed or paid as a refund resulting from filing a Form 1040 or 1040A tax return for a calendar year.
Employment – full-time is 35 or more clock hours for the week. Part-time is less than 35 hours per week. For unemployed parent deprivation factor it is less than 100 hours per month.
Family Service Plan – See Case Plan.
Federal Financial Participations (FFP) – the portion of federal funds used to pay for public assistance programs
Foster care - the term used by DFS when a child is in state custody. Foster care is 24-hour substitute care for children placed away from their parent(s) or guardian(s) and for whom the State agency has placement and care responsibility. This includes, but is not limited to, placements in foster family homes, foster homes of relatives, group homes, emergency shelters, residential facilities, child care institutions, and pre-adoptive homes regardless of whether the foster care facility is certified and whether payments are made by the State or local agency for the care of the child or whether there is federal matching of any payments that are made. CFR 1355.20 – 45.
Foster care provider - the facility or person(s) caring for the child(ren) in
DFS custody placed in their care and certified/approved by DFS.
Foster family care - is provided on a 24-hour basis for up to six children in the certified family home of the person(s) under whose direct care and supervision the children are placed.
Foster family home – For the purpose of IV-E eligibility, foster family home is the home of an individual or family certified or approved as meeting the standards established by the certifying unit that provides 24-hour substitute care for children.
The definition may include group homes if the facility is the personal residence of the foster parents. Foster family homes or relatives that are certified must be held to the same standards as foster family homes of non-relatives that are certified.
Title IV-E funded foster payments may be made only to homes that are fully certified.
Full certificate – refers to a foster certificate that satisfies all requirements established by the state for licensure or approval. Only a fully certified foster home may receive Title IV-E funding. If a foster home is fully certified for one day during a month it is considered for the entire month for Title IV-E reimbursability.
Group Home – is a home-like, community-based program, where the residents may attend public school, work in the community, and have access to their support systems.
Household composition – a group of persons residing together whose income, assets and needs must be considered when determining eligibility for IV-E.
Housing Subsidy – any government financial assistance offered to an assistance unit for shelter costs such as, but not limited to, that under the U.S. Housing Act of 1937, the National Housing Act or the Department of Housing and Urban Development (HUD), which includes Indian and public housing section 8 new and existing rental housing and section 236 rental housing.
Income -
- Countable income - the amount of income used to determine eligibility for assistance after application of the appropriate disregard.
- Earned income - payment received in cash or in-kind for wages, salary, tips, commissions as an employee or net-profit from activities in which the individual is engaged as self-employed.
- Exempt income - money set aside or free from program policy or limits.
- Unearned income – all money received that is not earned by providing good and services or defined as an asset.
Institution – See Child Care Institution
Interstate Compact on the Placement of Children (ICPC) - an agreement between states to ensure protection and services to children who are placed across state lines for foster care or adoption.
- The Compact establishes orderly procedures for the interstate placement of children and assigns responsibilities for those involved in placing the child.
- The Compact does not include placements in a medical facility, a boarding school or a mental health or mental retardation facility.
Involuntary foster care - placement of a child into foster care without parental consent by order of the court or by temporary protective custody (48 hour hold) consistent with W.S. 14-3-208.
IV-E Administrative costs/payments – costs necessary for the administration of the IV-E foster care program.
Judicial determination – is the final determination or adjudication by a court of the rights and claims of the parties of the action; the sentence or final order of the court.
Legal guardianship – is a judicially created relationship between child and caretaker which is intended to be permanent and self-sustaining as evidenced by the transfer to the caretaker of the following parental rights with respect to the child: protection, education, care and control of the persons, custody of the person, and decision-making.
Maintenance payments – are payments made on behalf of a child eligible for Title IV-E foster care to cover the cost of food, clothing, shelter, daily supervision, school supplies, a child’s personal incidentals, liability insurance with respect to a child, and reasonable travel for a child’s visitation with family, or other caretakers. (475(4) of the Social Security Act)
Minor parent - a mother or father who is under the legal age of 18 and not emancipated according to the Tax Reform Act of 1986. (Public Law 99 514)
Non-relative foster family home – a private home in which care is provided on a 24 hour basis for not more than five children excluding the foster parents' own children. No more than two infants under two years of age shall be placed in one foster home.
Out-of-state placement – See ICPC – Interstate Compact on the Placement of Children.
Parent – a natural or adoptive mother or father of any age. Under 14-2-
102(a)(iv) of the Wyoming State Statutes, a person is presumed to be the father when he openly holds out the child to be his natural child.
Payment standard - the budget test in which the countable income of the AFDC unit is subtracted, adjusted by household size, and arrived at by applying the ratable reduction to the standard of need.
Penetration rate – is the percentage of children in the foster care population who are Title IV-E eligible.
Permanency hearing – is federally mandated and must be held within 12 months from the original placement date and every 12 months thereafter to determine whether:
- The child will be returned to the parent or legal guardian;
- Placed for adoption (with DFS filing a petition to terminate parental rights) Referred for legal guardianship, including dependency guardianship and 3rd party custody;
- Be placed with a fit and willing relative that will lead to the finalization of permanency through reunification, adoption, or legal guardianship/third party custody;
- Be placed in another planned permanent living arrangement; Provided the services of the Independent Living program.
Placement episode – refers to the time during which a child is in DFS custody and placement. It begins when a child is removed from their home and enters placement outside the home through a court order or voluntary placement. It may involve any number of separate placements, but ends when the child is returned to their home and/or DFS custody is ended. Title IV-E episode – refers to the time during which a child’s out-of-home placement is Title IV-E eligible but not necessarily always reimbursable; it may begin with and include periods in which the child is not reimbursable for IV-E.
Principal wage earner (PWE) - the parent who earned the most gross income in the family unit as demonstrated by tax and wage information from the previous two years (24 months) starting with the month before application. (applies only for the Unemployed Parent program.)
PRWORA - Personal Responsibility and Work Opportunity Reconciliation Act of 1996. This act established comprehensive new restrictions on the eligibility of legal aliens for means-tested public assistance. It further restricts public benefits for illegal aliens and non-immigrants.
Public institution - the public institutions in Wyoming include, but are not limited to, the State Penitentiary, Women’s Center, State Hospital, Wyoming State Training School, Honor Farm, Girls’ School, Boys’ School, Pioneer Home, city/county jail facilities and any other facility which is government operated or contracted to operate under government administration.
Ratable reduction - the percentage by which the standard of need is reduced, as set by the State Legislature and effective 7/1/93, to establish a payment standard, adjusted by household size.
Reasonable efforts – the federal government requires states to make reasonable efforts to prevent the removal of children from their homes, to reunify children with their families if removal has been necessary, and to find other permanency solutions when reunification is not possible. Judicial determinations that such efforts were made must occur within prescribed timeframes. Given that the child’s health and safety must be the primary concern when making those efforts on behalf of a child, the court may find that DFS is not required to make reasonable efforts to prevent the child’s removal or to reunify the child and family if aggravated circumstances exist. Eligibility for Title IV-E reimbursement is maintained if such a finding is made.
Reimbursement -
- Repayment by the federal government for a portion of the costs of maintaining a IV-E foster child, staff, and administrative costs which are incurred when working with the child or the child’s family and the care provider;
- Also, repayment of a percentage of the costs of training state staff who work with the child or who administer the foster care system for the child.
Reimbursability/Reimbursable – A child who is initially determined IV-E eligible and who meets IV-E eligibility placement requirements is IV-E reimbursable. Once a child is determined IV-E eligible, s/he may lose and regain reimbursement on a frequent basis depending on changes in the child’s circumstances or placement.
Relative – a specified relative is a person who is any blood relative, including those of half-blood. First cousins, first cousin once removed, aunt or uncle, nephews and nieces and persons of preceding generations denoted by prefixes of “grand,” “great,” “great-great,” or “great-great-great,” are included in this definition;
- Stepmother, stepfather, stepbrother, and stepsister;
- Adoptive or natural parent and their adopted or natural children; Siblings, including those related by adoption;
- Spouses of any person mentioned above are considered relatives even though the marriage may be terminated by death or divorce.
Removal – taking a child from his/her current living situation either as a protective custody decision, voluntary placement, or court order.
Removal Household – members living in the home who are responsible for the child and the child’s siblings. I.e., parents, step-parents. Step-siblings, half-siblings. This could be the grandparents or aunts/uncles if the child was judicially removed from their home.
Removal Home – the home the child was voluntarily or judicially removed from regardless of where s/he was living at the time taken into placement.
Residential treatment facility (RTC) - a group setting for ten and no more than 50 children age six and above who require a structured environment and treatment program. RTC is a program of service for children who require a combination of therapeutic, educational, and treatment services in a residential group care setting.
School attendance –
Elementary or secondary school student means, with respect to a child, that the child is
- Enrolled (or in the process of enrolling) in an institution which provides elementary or secondary education;
- Instructed in elementary or secondary education at home in accordance with the State at home school law;
- In an independent study elementary or secondary education program in accordance with the law of the State; or
- Incapable of attending school on a full-time basis due to the medical condition of the child, which incapability is supported by regularly updated information in the case plan of the child.
Full-time is:
- 25 clock hours per week in a secondary school or program such as an alternative high school; or
- In a post-secondary, vocational or technical school, the amount of time established by the institution as full-time.
Half-time is:
- 12 clock hours per week in a secondary school or secondary education program such as an alternative high school; or
- In a post-secondary, vocational or technical school, the amount of time established by the institution as half-time.
Shelter/Group home care - a group setting for not more than ten children age ten through 18 including the staff's own children providing a planned period of substitute care and a planned program of group living, community experiences and specialized services for a small group of children.
Shelter included – the AFDC payment levels used when the assistance unit pays any portion of their own house and/or utility cost except the assistance unit receiving a housing subsidy.
Shelter supplied – the AFDC payment levels used when all housing and utility costs are provided to the assistance unit without cost and for the assistance unit that receives a housing subsidy.
Standard of need (Payment standard) - the dollar amount set by the State Legislature, effective 10/1/90, allotted for the needs of the person for one month for shelter and/or food, clothing, personal needs, etc.
State foster care – is when the child is under 18 or if 18 is a full-time student expected to graduated before 19, is a US citizen, is not living with his/her parents and is not an inmate of a public institution. The child’s countable income is less than $765 monthly. This child is eligible for full Medicaid benefits. This coverage group is funded with Federal dollars.
Subsidized adoption – is the granting of a definite amount of financial assistance to an approved adoptive home in the adoption of a special needs child.
Therapeutic Foster Care (TFC) – is a family-based, intensive treatment foster care program for severely emotionally disturbed youth. (i.e., Peak Wellness, Central Wyoming Counseling Center) and they recruit, train and approve their own foster homes. In the child’s placement record on WYCAPS, the name of the TFC program is given – not the name of TFC’s approved foster family. Therefore, verification of the TFC’s certification and background checks are required for IV-E purposes.
Title IV-E of the Social Security Act – became effective October 1, 1980. It provides federal financial assistance to states for certain AFDC eligible children who are removed from their homes and placed in foster care. It also provides funding for children who are candidates for foster care as defined by a written case plan, which clearly indicates that absent effective preventive services, foster care is the planned arrangement for the child. Title IV-E reimburses states for roughly 50 percent of the maintenance and administrative costs of eligible foster children. It also reimburses 50 – 75 percent of training costs.
Trial home visit – a child may be at home on a trial home visit and maintain Title IV-E eligibility in the foster home. A trial home visit does not terminate the placement episode. The child remains IV-E eligible although reimbursability ceases for the duration of the trial home visit. A trial home visit must be documented in the case plan and cannot exceed 6 months without a court order to extend it beyond the 6 months.
Voluntary foster care - a child(ren) placed in foster care voluntarily through a signed and dated Voluntary Placement Agreement (SS -11) by the parent or caretaker, caseworker, supervisor and manager for a temporary period of time. It must specifically name the child to be placed and, at a minimum, specify the legal status of the child and the rights and obligations of the parties while the child is in placement.
- IV-E payments for voluntary placements cannot be made for more than 180 days unless there has been a judicial determination by a court that the continued placement is in the best interests of the child;
- IV-E maintenance payments and POWER payments based on temporary absence CANNOT run concurrently.
Voluntary placement agreement (VPA) - is a written document executed by both DFS and the child’s parent(s) or legal guardian(s). It must specifically name the child to be placed and, at a minimum, specify the legal status of the child and the rights and obligations of the parties while the child is in placement.
Voluntary relinquishment – is a voluntary action on the part of the parents that transfers the parental rights over their child to the state, a private child placement agency or individual empowered by statute to assume these rights.
WYOMING DEPARTMENT OF FAMILY SERVICES |
CHAPTER: 2 |
IV-E Foster Care Policy Manual | SUBJECT: Application Process |
POLICY NUMBER: IV-E–11-001 | EFFECTIVE DATE: 07/01/11 |
APPLICATION PROCESS
Regulations: IV-E P.L. 104-193, as amended by P.L. 105-33
I. Caseworker Responsibilities
Refer to Family Services Manual Chapter Funding 6.2 Child Support for Child in Out-of-Home Care
- Individual case workers will promptly notify their local benefit specialist of all children entering foster care and provide the following information: Child’s name, Date DFS gains custody of child, Child’s birth date, Child’s social security number, and where child is placed. Preference is notification by email.
- The Caseworker will initiate the application process within seven (7) working days, (see note at end of this chapter), from the date the child is removed from the home by submitting to the Benefit Specialist the following forms/verifications:
- Application for benefits, form SS-501A Placement Application, which must be signed by the appropriate manager or designee since s/he is acting as the child's guardian.The SS 501A will be returned to the Caseworker if it is not fully completed. (At no time is the Benefit Specialist to sign an application as the applicant);
- If there has been a court order, YES, a IV-E application must be processed, even if we know it will be denied for IV-E purposes. Reasons this might occur are: the court has given DFS legal and physical custody of the child and the child is placed with their parent; the family has excess income or resources; no deprivation; etc.
- If there has not been a court order, NO, a IV-E application is not needed. This would generally occur when a child is removed and within the 72 hours the child is returned home and the situation does not get to court.
- A copy of the SS 611 form(s), Temporary Authorization for Medical Services for Children, if the child required medical services prior to the date of application.
- A copy of the SS 11 Voluntary Placement form, when applicable.
- The DFS-FO Caseworker will initiate the application process within seven (7) working days from the date the IV-E eligible ICPC child is placed by submitting to the Benefit Specialist verification from the sending state the ICPC child is IV-E eligible.
- Application for benefits, form SS-501A Placement Application, which must be signed by the appropriate manager or designee since s/he is acting as the child's guardian.The SS 501A will be returned to the Caseworker if it is not fully completed. (At no time is the Benefit Specialist to sign an application as the applicant);
- Within 15 days of removal from the home the Caseworker will meet with the parents/caretakers and complete the Child Support form DFS 543. The caseworker will complete the DFS 543 on every child taken into DFS custody for each parent including deceased parents. The caseworker will submit the completed forms to the Benefit Specialist:
- Child support forms must be signed by the appropriate manager or designee since s/he is acting as the child's guardian.
- The caseworker will:
- Meet with the parent(s)/caretaker(s) and, using the DFS 543, gather all data requested therein concerning both parents (a separate form is required for each parent. A separate form can be completed for each child or one form may be used to list all children from the same household with the same parent(s). Place a copy in each child’s file.
- Forward immediately the original(s) copy of the DFS 543 form(s) to the Benefit Specialist.
- When the case is completed (approved or denied for IV-E), the Benefit Specialist will forward the 543 to CSE.
- Provide child support forms and evidence to the Benefit Specialist when good cause for non-cooperation is being requested as the procedures in (1) - (2) will not apply unless good cause is denied.
- Complete the DFS 545/546 FC when claiming good cause for non-cooperation with the pursuit of child support due to:
- possible physical/emotional harm resulting to the child or custodial parent;
- child was conceived due to incest or forcible rape;
- legal action for adoption is pending in court;
- parent is receiving counseling to help decide whether to keep or relinquish child for adoption;
- a court determination that parents would be unable to comply with an established reunification plan due to the financial hardship caused by paying child support; (only a judge decides if payment would be a hardship)
- termination of parental rights (TPR) is imminent and is part of the permanency plan or TPR has been completed;
- the non-custodial parent is a potential placement resource;
- death of the parent(s) with verification;
- child is expected to be in foster care for only a short period of time (60 calendar days or less).
- Provide to DFS-SO evidence and/or a written statements to support the good cause claim within 20 days of the claim;
- Realize the good cause claim approval/denial will be determined by DFS-SO POWER Unit for items a – d and f – i above.
Only a judge can make a determination if payment will be a hardship for item e. - Realize a review of the good cause claim will be needed once every 12 months.
- Complete the DFS 545/546 FC when claiming good cause for non-cooperation with the pursuit of child support due to:
- The caseworker will:
- Child support forms must be signed by the appropriate manager or designee since s/he is acting as the child's guardian.
- Within 15 working days of removal or when DFS gains custody of the child, the caseworker will provide verification of the child’s US Citizenship, identity, and social security number.
- Within 15 working days of removal or when DFS gains custody of the child, the caseworker will provide Information for the entire removal household.
- Within 15 working days of removal or when DFS gains custody of the child, the caseworker will provide a Copy of the placement contract to verify daily/monthly payment rate.
- Court Orders/Judicial Determinations
- A copy of the first court order removing the child from the home must contain a judicial determination specifying “continuation in the home is contrary to the welfare of the child” or “is in the best interest of the child not to be in the home.”See attachment for example.
- Within 60 days of removal there must be a court order addressing “Reasonable Efforts” to prevent removal with the family. (Note: This language may be in the first court order. If not, it must be there by 60 days.)
- Upon receipt from the court, immediately give a copy of the order to the Benefit Specialist.
- Notify the Benefit Specialist immediately upon changes in placement and circumstances for the child. (Use form DFS 602)
II. Benefit Specialist Responsibilities
- Understand the Economic Assistance DFS-FO staff is responsible for:
- Receiving the application (SS 501A) with supporting declarations and verifications and
- notifying the IV-E specialist immediately via email that the child is in placement; and
- establishing and registering the Medicaid case on EPICS based on known information, i.e., RC, FC, CI. This begins the Placement Eligibility file for the child; and
- add all removal household members onto EPICS through the SEPA screen; and
- forwarding the application and any supporting documentation to the IV-E Specialist for eligibility determination. (DO NOT CARC the case.)
- The IV-E specialist will complete the IV-E eligibility determination on the computer system and process the placement case.
- If the case is found to be IV-E eligible the IV-E Specialist shall retain the case and CARC it to herself.
- If the case is not IV-E eligible, the IV-E Specialist denies (or EPICS auto denies depending on situation) the IV-E portion of the case the file will be returned to the originating office for ongoing case maintenance.
- After denial is completed on the IV-E portion of the EPICS case the IV-E Specialist sends the file back to the original office. Since the child is in placement, the Medicaid stays open as a Foster Care or Subsidized Adoption Medicaid case.
- The Benefit Specialist from the original office then maintains the Medicaid case for the child while the child remains in DFS custody. Follow the policy in the Medicaid Policy Manual for Foster Care Medicaid.
- Note: If the 60 days has passed and the worker cannot make the IV-E determination, place the child in the next Foster Care Medicaid group according to the Medicaid hierarchy (Table V). Maintain the file until IV-E eligibility is determined. Then follow 2. a or b.
- Processing the application and making an eligibility determination within 45 days from the date of removal for IV-E foster care (see note at end of this chapter);
- Determining eligibility for IV-E foster care when retroactive medical coverage is requested as medical services were required for the child prior to the date of application per the SS 611 form(s) submitted by the Caseworker;
- Forwarding the DFS 543 Child Support Referral form to CSE within five (5) days after IV-E eligibility is determined, when good cause is not requested.
- Forwarding the DFS 543, DFS 545/546FC and evidence within 20 days to DFS-SO when good cause for non-cooperation with child support is being claimed;
- Notifying the caseworker if additional information is needed to complete the eligibility determination;
- Notifying the caseworker concerning the action taken on the Economic Assistance portion of the foster care case.
- Receiving the application (SS 501A) with supporting declarations and verifications and
- Assist the caseworker in completion of the forms if the child was in a household eligible for benefits (POWER, SNAP, Medical, Child Care)prior to the placement and most of the documents of verification are in the agency file.
- Copy or scan the necessary documents for the case record. D. Review court orders for appropriate language and work with caseworkers when necessary to obtain court orders with the necessary findings.
III.Child Support Enforcement Responsibilities
- Provide each parent with a copy of the Financial Affidavit Form and advise each parent s/he must complete the form, attach copies of their last two federal income tax returns and their last two pay stubs. CSE will forward a copy of the completed Financial Affidavit to the Benefit Specialist.
- Require the parent(s) to obtain a copy of any existing court order requiring either parent to pay child support;
- Require the parent(s) to make an appointment with CSE within 20 days following the dispositional hearing as part of the family service plan or as ordered by the court.
- Send a copy of the court order to the Benefit Specialist whenever one is obtained.
IV. Child Support Compliance
Reference: Under AFDC 1996 45 CFR 232.11; 45 CFR 232.40 -.49 Family Services Manual Chapter Funding 6.2 Child Support for Child in Out-of-Home Care
- The Benefit Specialist will determine if the foster child meets the child support eligibility factor.
- Assignment of Rights to Support (SS 501 A), Report of Absent Parent Form (DFS 543) - Require the Office Manager or designee to complete the Assignment of Rights to Support by signing an Application (SS-501A) and to complete the Report of Absent Parent form (DFS-543) on each non-custodial parent of each eligible foster child and to show intent to cooperate or not to cooperate.
- Note: When a child goes home for a trial visit or is sent to a new placement, new 543’s are not needed. However, CSE does need to know when the placement changes including the new placement name and address.
- Good Cause Claim (DFS 545/546FC) and Good Cause ClaimProcess Require the guardian/caseworker to read and sign the Good Cause Claim form.
- Allow the guardian/caseworker the right to claim good cause requiring that one of the following circumstances exist:
- Cooperation in establishing paternity or securing child support is reasonably anticipated to result in physical or emotional harm to the child or custodial parent;
- The child, for whom support is sought, was conceived as a result of Incest or rape;
- Legal proceedings for the adoption of the child are pending before a court of competent jurisdiction.
- Receiving counseling to help decide whether to keep or relinquish child for adoption;
- A court determination that parents would be unable to comply with an established reunification plan due to the financial hardship caused by paying child support (only a judge can determine if there is a financial hardship):
- Termination of parental rights (TPR) is imminent and is part of the permanency plan or TPR has been completed;
- The non-custodial parent is a potential placement resource;
- Death of the parent(s); or
- Child is expected to be in foster care for only a short period of time (60 calendar days or less).
- Give the Good Cause Claim form (DFS 545/546FC) to the guardian/caseworker promptly upon request.
- Require the guardian/caseworker claiming good cause to provide evidence within twenty (20) days of signing the DFS 545/546FC.
- Upon receiving the evidence proceed as follows:
- Review the evidence;
- Recommend approval or denial of the good cause claim; and
- Give the reason for the recommendation by attaching a memo to the form; and
- Forward the DFS-543, DFS 545/546FC, evidence, recommendations and reasons to the DFS-State Office IV-E Benefits Specialist Consultant.
- Consider the foster care case to be:
- Exempt from cooperation when good cause is approved, and
- Required to cooperate when good cause is denied.
- Require a re-evaluation of approved good cause claims:
- This review is required at least once every twelve months as well as at any time requested by the DFS- State Office.
- Require current evidence when requested by the DFS-State Office; and
- Submit a memo to the State Office Benefit Specialist IV-E Consultant stating no change in circumstances, or if there has been a change, describing it and attaching the evidence when requested.
- Acknowledge child support will not attempt to establish paternity or collect support when the good cause claim is approved.
- Allow the guardian/caseworker the right to claim good cause requiring that one of the following circumstances exist:
- Child Support Distribution Process
Realize any child support collected for a foster care case will be used toward the maintenance costs for the child and only the excess over the cost of care is available to the child.
V. Medicaid
- IV-E children are categorically eligible for Medicaid and are coded FC.
- Non-IV-E children must have eligibility determined for Medicaid Assistance. Follow policy in the Equalitycare Eligibility Manual Section 1200.
- Refer to Chapter 3 R for details on determining and process Medicaid for child in DFS care.
VI. Confidentiality and Safeguarding Information
Confidentiality means all information about recipients and applicants is not to be discussed or released to anyone except with the client’s written request. The written request must specifically state what is to be discussed or released, who may receive the information, and the duration of the release.
- Information may be released on a need to know basis to the following agencies without a written agreement or consent of the client:
- Social Security
- Child Support Enforcement c. Employment Asset Division
- Inquiries from other states’ DFS offices
- Bureau of Indian Affairs (BIA)
- Low Income Energy Assistance Program (LIEAP)
- Department of Education h. Wyoming State Hospital
- Wyoming State Training School
- Court Orders
- An order for release of information to the court relieves DFS of any harm.
- Contact the appropriate State Office program manager with any questions about court orders.
- File the court order in the case file.
NOTES: Keep in mind that if the application is not received during the seven (7) day time period, the child may still be IV-E eligible if the application is received between the date of the removal and the time a child is no longer in DFS custody for a maximum of eight (8) quarters.
A case may be in IV-E pending status up to sixty (60) days if awaiting verifications. If pending is longer than 60 days, the case must be put into a state foster care situation. A case may be reverted back to IV-E if all eligibility factors are received and determined at a later date that the child would have been IV-E eligible at the time of removal
WYOMING DEPARTMENT OF FAMILY SERVICES |
CHAPTER: 3 |
IV-E Foster Care Policy Manual | SUBJECT: AFDC Eligibility Factors |
POLICY NUMBER: IV-E–11-001 | EFFECTIVE DATE: 07/01/11 |
ELIGIBILITY FACTORS
References:IV-E - P.L. 104-193, as amended by P.L. 105-33; IV-E State Plan; 45 CFR 1355.20, 1356.21(b)(2) and 1356.22; 45 CFR 435.07
Eligibility for Title IV-E funding for foster care is linked to a child’s eligibility under Aid to Families with Dependent Children (AFDC), even though this program ceased July 1996 when Temporary Assistance for Needy Families (TANF) came into existence. For Title IV-E Federal funding, the child must be eligible for AFDC or would have been eligible according to the July 1996 standards had an application been made during the month the voluntary placement agreement was signed or the month the child was removed. There are some exceptions to following the AFDC policy which include assets, income and immigrants.
Benefit Specialist Responsibility
- Require the July 1996 AFDC eligibility factors be met using the household circumstances from which the child was removed pursuant to a voluntary placement agreement or judicial determination. The child must have lived in the removal home at least one month out of the six prior to removal. The child must continue to meet all of the AFDC factors in order to maintain IV-E eligibility throughout the placement episode.
- Use the information according to Information for the entire removal household.
- Determine the following eligibility factors: eligible persons, living with a relative, residence, age, school attendance, social security number, identity, citizenship, relationship, deprivation, assets, income, and child support compliance.
- Persons Eligible for inclusion in the IV-E Assistance Unit - 45 CFR 233.10, 233.20 and 233.90; W.S. 42-2-103 and W.S. 42-2-104
- Consider the following persons eligible when making the initial IV-E eligibility determination:
- A child;
- A natural or adoptive parent, including one who is married to a Stepparent;
- A caretaker relative;
- A stepparent with a natural, step or adopted child in the Home;
- The spouse and child(ren) of a parent, for up to three months following the parent's release from an Institution, including prison;
- The spouse and child(ren) of a convicted offender;
- A parent with a child who receives SSI;
- The child in the home of a parent receiving SSI;
- A minor parent who has a child.
- Consider the following persons ineligible when determining initial IV-E eligibility:
- The absent parent returning to the home when released from an institution, including prison;
- A stepparent unless the stepparent is the only caretaker relative in the home and is in need;
- An illegal immigrant;
- A person(s) who is ineligible due to a Lump sum Payment;
- A child for whom adoption assistance payments are provided. This exclusion does not apply if excluding the child from the assistance unit would reduce the AFDC benefits;
- A person participating in a strike, and when:
- The striker is the caretaker relative, the entire family is ineligible; or
- The striker is an eligible child, only that child is ineligible.
- A nonqualified immigrant (See Attachment 1 for Qualified Immigrant information)
- Consider the following persons eligible when making the initial IV-E eligibility determination:
- Living With A Relative - The child must have lived with the caretaker relative from whom custody was judicially taken or voluntarily given to the State during the eligibility month or within any of the six months prior to the eligibility month.
- A caretaker relative is a relative with whom the child lives and who has ongoing responsibility for the care of the child.
- A caretaker relative includes any of the following:
- Natural parent, adoptive parent, stepparent.
- Brother or sister, including step-brother/sister, half-brother/sister, and adoptive bother/sister
- Aunt or uncle
- Nephew or niece
- Any blood relative, including those of half-blood. First cousins, nephews and nieces and persons of preceding generations denoted by prefixes of grand, great or great-great are included in this definition.
- Ineligible - Find the "living with a relative" factor not met when:
- It cannot be established the caretaker relative is the primary caretaker of the child;
- The parents share joint custody and it cannot be established which parent is the primary caretaker; or
- All eligible children or the caretaker relative are expected to be out of the home for more than 30 days and the temporary absence criteria is not met.
- A caretaker relative is a relative with whom the child lives and who has ongoing responsibility for the care of the child.
- Residence - Require each person to be a resident of Wyoming.
- Consider a person a resident of Wyoming, who:
- Is living in the state voluntarily, with the intention of making the individual's home here and not for a temporary purpose; or
- Entered Wyoming with a job commitment or seeking Employment (whether or not currently employed).
- Recognize a lack of a permanent dwelling or lack of a fixed or home address may not act as a barrier to receipt of AFDC as long as residence is met.
- Consider a person a resident of Wyoming, who:
- Age
Require the child to be between birth and less than age 18; or at age 18, when attending school full-time and expected to graduate before reaching age 19. - School Attendance - Require the child, upon attaining the age of 18, to be enrolled full-time in high school or an equivalent course of study and reasonably expected to graduate prior to her/his 19th birthday. Assure that school age children are full-time students. Verify school attendance each Spring and Fall semester and more frequently if attendance is questionable.
- School attendance is defined by the school as full-time elementary or secondary (high school) and the child is enrolled or in the process of enrolling. School can include home schooling or independent study as defined and approved by the state and local school district.
- A child does not need to meet this education requirement if the child is incapable of attending school due to a documented medical condition.
- Social Security Number (SSN) - Understand the child is not required to meet the social security number factor to be eligible for reimbursement of the IV-E maintenance payment, but it is a requirement for receipt of Title XIX benefits and reimbursement of same. The SSN does not have to be verified, but a number is required. Best practice is to verify the number whenever possible to avoid duplication and misuse of the number. Always verify the number when there is a discrepancy or conflicting information.
- Identity (See Attachment 2 for acceptable evidence of identity.) - Require each individual to provide identification before finding the person eligible. To establish identity a document must show evidence that provides identifying information that relates to the person named on the document.
- Citizenship (Refer to Attachment I and 2)
- To be IV-E eligible, a child must be either a United States citizen by birth or naturalization, or must be a qualified immigrant. U.S. citizenship of a child follows that of the child’s U.S. citizen parent(s) or is established by being born in this country. Children who are in the U.S. under a visitor or tourist visa or under a student arrangement are not IV-E eligible. See Attachments 1 and 2 for acceptable verification of citizenship. When primary evidence is not available, two (2) pieces of secondary evidence is needed.
- Written Affidavit
- Affidavits should ONLY be used in rare circumstances.
- There must be at least two (2) affidavits by two individuals who have personal knowledge of the event establishing the applicant’s or recipient’s claim of citizenship. (The two affidavits could be combined into a joint affidavit)
- At least one of the individuals making the affidavit cannot be related to the applicant or recipient.
- Neither of the two individuals can be the applicant or recipient In order for the affidavit to be acceptable the person making them must be able to provide proof of their own citizenship and identity.
- If the individual(s) have information which explains why documentary evidence establishing the applicant claim or citizenship does not exit or cannot be readily obtain, the affidavit should contain this information as well.
- The State must obtain a separate affidavit from the applicant/recipient or guardian/representative explaining why the evidence does not exit or cannot be obtained.
- The affidavits must be signed under penalty of perjury.
- Qualified Immigrant status must be verified through the Citizenship and Immigration Services verification process utilizing the information on the Alien Registration Card designated as I-94 or SAVE.
- If a qualified immigrant foster child does not meet IV-E eligibility requirements, the child is not eligible for Medicaid for five years unless the child entered the United States before August 22, 1996, if the child qualifies for one of the protected classes of persons, or if the child becomes a naturalized citizen. See Combined Policy Manual at Chapter 606.
- Parents of children taken into custody must meet the citizenship/immigration requirements for initial eligibility. Those who do not meet the citizenship/immigration requirements as outlined in Attachment 1 will be considered illegal immigrants and have their income and assets deemed. All their assets will be counted to the household unit. Their income will be prorated by the number of persons in the household unit.
- Relationship - Determine if the applicant/recipient meets the relationship eligibility factor by requiring the caretaker of the removal home to be a relative to the child.
- Deprivation (Form SS 615) - The child must continue to be deprived of parental support. A determination of deprivation is always made in relation to the child’s parent. Under no circumstances does the State look to the legal guardian to determine deprivation. Require at least one of the deprivation factors listed below to exist for the child using the home of removal during the past six (6) months:
- death,
- absence (abandonment, separation, divorce, incarceration), physical or mental incapacity (only applies to 2-parent family),
- unemployment of the principal wage earner (only applies to 2-parent family), or
- termination of parental rights.- Continued Absence - Find the deprivation factor met when it is established continued absence exists because the proof that the non-custodial parent is not living in the home and cannot be counted on to function in the planning for the physical care, guidance and maintenance of the child has been verified.
- Eligible - Find the deprivation factor met when the caretaker relative of a child:
- Gives the reason for the absence of the non-custodial parent, such as death, desertion, abandonment, separation, never married or divorced; and
- Names the non-custodial parent or when the non-custodial parent is unknown, gives an explanation of the reason why the parent is unknown; and
- Provides two forms of evidence that establishes the non-custodial parent's residence elsewhere; and
- When Joint custody exists, the applicant/recipient has provided proof of being the primary caretaker.
- Ineligible - Find the case ineligible, when:
- The non-custodial parent is expected to return within 30 days; or
- Both parents are living with the child at the same time whether they are married or not, unless one parent qualifies due to incapacity or unemployment; or
- The preponderance of evidence indicates the non-custodial parent is in the home; or
- Joint custody is equally split between the parents and no primary caretaker exists; or
- The absence was caused only for the performance of active duty in the Armed Services of the U.S.; or
- The absence was caused solely by reason of employment, school, or training.
- Find the caretaker relative ineligible when she/he refuses to name the non-custodial parent or explain why the name is not known.
- Eligible - Find the deprivation factor met when the caretaker relative of a child:
- Convicted Offender - Find the deprivation factor met when one spouse of an intact family is incarcerated.
- 2-Parent Family Incapacity - Require incapacity of a parent to exist in a two parent family (not to include a stepparent unless there is a child in common) situation.
- Find a family to meet the deprivation factor when one or both parents receive Social Security Disability or SSI benefits.
- Require the incapacitated parent to pursue and accept other benefits for which the child may be eligible.
- Require a person not receiving Social Security Disability or SSI benefits to obtain a Report and Determination of Incapacity (DFS-110) and have it completed by a licensed physician for physical incapacity, a licensed mental health professional for mental incapacity or from a Medical professional supervised by a licensed physician or mental health professional.
- Review the Report and Determination of Incapacity (DFS-110).
- Accept the written recommendation from the medical professional when it is clear.
- Require further information from the medical professional when the recommendation is unclear.
- Authorize approval or denial of the case.
- Issue the notice of action of the eligibility determination.
- Require a new DFS 110 prior to the recovery date indicated by the medical professional and any other requested information (i.e., a progress report from DVR) to conduct a reevaluation of the incapacity.
- Find the 2-parent family potentially eligible after recovery from the incapacity for up to three payment months (when all eligibility factors are met) immediately following recovery, which may occur before the re-evaluation is due.
- Unemployed Parent (Applies to 2-parent family only) - Determine if “unemployment” can be used as a deprivation factor if the household from which the child was removed would have been eligible for AFDC-UP in the month of removal.
- The principal wage earner (PWE) must meet the following requirements.
- The applicant PWE must be working less than 100 hours in a month, or
- If working more than 100 hours, the employment must be of an intermittent nature and the excess is of a temporary nature. The fact that the PWE was under the 100 hour standard for the prior two months and is expected to be under the standard during the next months is considered evidence that the work is of a temporary nature.
- Determine the PWE is the parent who earned the most gross income in the family unit as demonstrated by tax and wage information from the previous two years (24 months) starting with the month prior to removal. Client statement can be accepted when no other evidence is available. If both parents earned exactly the same amount of gross income, the worker must designate the PWE.
- The principal wage earner (PWE) must meet the following requirements.
- Continued Absence - Find the deprivation factor met when it is established continued absence exists because the proof that the non-custodial parent is not living in the home and cannot be counted on to function in the planning for the physical care, guidance and maintenance of the child has been verified.
- Assets (P.L. 106-169, eff. 12/14/99; limit is $10,000.00); Countable assets of the assistance unit cannot exceed $10,000 during the removal month. Assets are defined as anything that a person possesses or owns that can be turned into cash. Assets must be available, which mean that a member of the assistance unit owns it or has the legal right to sell it or dispose of it for the individual’s own benefit. An asset is determined by its equity value, which is the current market value minus any legal debts still owning on the asset. Obtain appraisals when the value causes ineligibility and is disputed by the applicant/recipient. Assets of the home of removal only need to be verified when questionable or contrary to current information within the community or DFS.
- Countable Assets
- Agreement in escrow - use the principal in the escrow account (other than HUD/FSS) and subtract any legal encumbrances.
- Antiques - use the lower of two reasonable appraisals of the fair market value and subtract any legal encumbrances.
- Automobile (Motor Vehicle) -
- Use the Edmund’s book average trade in figure, or
- Use the lower of two reasonable appraisals of the fair market value, and
- Subtract any legal encumbrances, and
- Exempt $1,500 equity value for one vehicle only.
- Bona fide funeral agreement or burial contract - use the cash value as stated on the agreement/contract by the company/agency minus the exempt $1,500, plus accrued interest. Do not exempt other assets designated for burial purposes.
- Cash - use the applicant's/recipient's written statement.
- Certificates of deposit, stocks and bonds - use the cash value and subtract any legal encumbrances.
- Checking and saving accounts - use the cash value and subtract any legal encumbrances. When exempt and nonexempt funds are commingled in one account, the account is nonexempt.
- Collectibles - use the lower of two reasonable appraisals of the fair market value and subtract any legal encumbrances.
- Contract for deed, notes and mortgages - use the unpaid principal.
- HUD escrow account - use the cash value of the account when the family is no longer receiving housing assistance and the account becomes available.
- Income tax refund - use the refunded amount.
- Inheritance - use the cash or fair market value.
- Insurance settlement for property damage - use the cash value of the settlement when it is received in the month of removal and it is not used for replacement or repair as intended.
- Land and buildings (see Real property) -
- Use the lower of two reasonable appraisals of the fair market value, and
- Subtract any legal encumbrances, and
- When jointly owned and available, divide the remainder by the number of owners.
- Life Estate -
- Use the lower of two reasonable appraisals of the fair market value of the property; and
- Subtract any legal encumbrances; and
- When jointly owned and available, divide the remainder by the number of owners.
- Life insurance - use the cash value amount.
- Livestock, farm machinery and tools - use the lower of two reasonable appraisals of the fair market value and subtract any legal encumbrances.
- Mineral rights (water, gravel, oil, gas, etc.) -
- Use the lower of two reasonable appraisals, and
- Subtract any legal encumbrances, and
- When jointly owned and available, divide the remainder by the number of owners.
- Motor vehicles, boats, campers, trailers, mobile homes, motorcycles, etc.(see automobiles) - after the exemptions have been allowed for an automobile or income producing property, use the NADA or appraisals to determine value and subtract any legal encumbrances.
- Pension plan/Retirement funds - use the cash value stated by the employer or company. The portion of the pension plan/retirement fund paid by the client is an asset when withdrawn.
- Personal property - use the lower of two reasonable appraisals of the fair market value and subtract any legal encumbrances.
- Real property - determine the equity value and test against the asset limit when the real property is not exempted as a home or under the bona fide effort to sell.
- Refund of utility deposit - use the cash value stated by the utility company.
- Reimbursement - use the amount repaid to the client, as stated by the payer.
- Trust funds - use the cash value unless the person, other than the parent who created the trust and/or the Trustee, provides a written statement that it cannot be made available to meet day to day needs.
- Wyoming Uniform Gift to Minors Act (WS 34-13-117) - use the amount in the account unless the financial institution provides a statement of a lesser amount available due to a penalty.
- Exempt the following assets:
- Advanced Earned income Credit (AEIC) - in the month received and the following month. Any remaining portion shall be considered a nonexempt asset in the third month.
- Agent Orange Settlement Fund - payments made from this or any other fund established pursuant to the settlement in the "In Re Agent Orange" product liability litigation.
- Alaska Native Claims Settlement Act (ANCSA) - payments received from a Native Corporation established pursuant to ANCSA to include:
- Cash retained after the month of receipt to the extent it does not exceed $2,000 per individual in total; and
- Stock (including stock issued or distributed by a Native Corporation as a dividend or Distribution on stock); and
- A partnership interest; and
- Land or an interest in land(including land or an interest in land received from a Native Corporation as a dividend or distribution on stock); and
- An interest in a settlement trust.
- Aleutian and Pribilof Island Restitution Act - payments received by Aleuts under this Act.
- Automobile – the first $1,500 Equity value of one automobile;
- Bona fide funeral agreement, burial trust or contract – a formal agreement, burial trust or contract of no more that $1,500 for each person in the assistance unit as follows:
- Exempt the $1,500 and any interest which may accrue, and
- Count any equity Value over the $1,500 for each person against the appropriate asset limit, and
- Consider any money withdrawn from the principal or interest as nonexempt income when used for a purpose other than burial expenses.
- Do not apply this exemption to other assets designated for burial purposes.
- Burial plot – one for each person in the assistance unit.
- Child Support – the first $50 of child support for the current month paid to or kept by the assistance unit during the month received.
- Civil Liberties Act of 1988 – payments received by individuals of Japanese ancestry under this Act.
- Earned Income Credit (EIC) - in the month received and the following month. Any remaining portion shall be considered a nonexempt asset in the third month.
- Home – which is the current place of residence including the building and land upon which it is located, the land that appertains the home and all the buildings and/or mobile homes located thereon.
- Household furnishings – those essential to day-to-day living.
- HUD escrow account – accounts established under the Family Self- Sufficiency Program for participants receiving housing assistance.
- Income producing Property – of a self-employed client such as merchandise and inventory, tools, equipment, vehicles, etc., excluding Real property such as rental property, business property and farm land. If the applicant/recipient is unemployed, she/he must be reasonably expected to return to that line of work before the exemption can be applied.
- Indian lands and property - when purchased with exempt per capita funds.
- Insurance settlements for damaged property - for a period of 90 days after receipt or until the client makes a decision not to repair or replace the property, whichever happens first. When the insurance settlement is not used for replacement or repair, it is to be considered a lump sum payment.
- Loans/Educational loans - proceeds from exempt loans or exempt educational loans, grants or scholarships when not commingled with nonexempt moneys.
- Per capita funds - those distributed to or held in trust for members of any Indian tribe under Public Law 92-254, 93-134 or 94-540. s.
- Property -
- That has a barrier to sale;
- That is not available;
- Of an SSI recipient, an ineligible stepparent, ineligible parent(s) of a minor parent, ineligible caretaker relative (other than a parent) and child(ren) not in the assistance unit.
- Radiation Exposure Compensation Act - payments from this Act which was enacted October 15, 1990.
- Real property - for up to six months when the family is making a bona fide effort to sell the property for no more than current market value.
- Student financial assistance - all student financial assistance provided under programs in Title IV of the Higher Education Act or under Bureau of Indian Affairs student assistance programs when NOT commingled with other moneys.
- Ownership - Consider the nonexempt asset when it is owned by the parent, the eligible caretaker relative or the eligible child(ren).
- Available - Consider the ownership of a countable asset as available/accessible unless a legal barrier or restriction exists.
- Assume ownership and availability when the document shows it is owned solely by the applicant/recipient.
- Consider the asset, or a portion of the asset, available when the applicant/recipient can withdraw funds, sell the asset or owned interest in the asset or dispose of the asset in any way.
- Consider the asset available when the asset is owned by more than one person but the applicant/recipient can access the asset, or a portion of the asset, without the permission of the co-owner even when a statement of refusal to sell is furnished.
- Consider the asset unavailable when the document, signature card, etc., stipulates that more than one signature is needed to withdraw or convert all or part of the asset to available cash.
- Acquired Assets - Consider assets acquired during a month which exceed the asset limit to cause ineligibility for the same payment month.
- Sponsor of Immigrant - Refer to Combined Policy Manual 606 K for allocation of a Sponsor’s assets.
- Transfer Of Asset - The transfer of an asset will not apply during initial application determination for the home of removal. An asset transfer will apply after initial application if the child transfers a nonexempt asset for less than fair market value to gain or continue IV-E eligibility for reimbursement.
- Exempt Transfers - Exempt the following transfers:
- Settlement of a legally enforceable debt;
- Clearing title to property in which the client had no beneficial or enforceable interest;
- Property used as a home for another piece of property, to be used as a home (see 9., Exchange of Home Property);
- Equity in property which was owned jointly, and through a court action the other owner was granted the equity in the property; and
- An exempt asset (based on the status of the assets at the time of transfer).
- Nonexempt Transfers
- Determine the penalty for transferring the nonexempt portion of an asset when the applicant/recipient cannot provide proof the transfer occurred for reasons other than gaining eligibility.
- Determine the transferred Uncompensated Value and deduct the amount of the lien(s) and the unpaid principal of the mortgage or loan existing against the property to arrive at the uncompensated equity value.
- Determine the "Shelter included payment standard" for the household size at the time of the transfer.
- Divide the uncompensated equity value by the need standard. (Round a fraction up.)
- Use the resulting whole number as the number of months the child is ineligible, which cannot exceed six months.
- Require that the ineligibility begin with the month the transfer occurred.
- Exempt Transfers - Exempt the following transfers:
- Exchange Of Home Property - Allow an applicant/recipient to sell and buy or exchange ownership of a home for another home under the following conditions:
- Require a purchase contract or other evidence to establish the purchase.
- Require the exchange or home construction to be completed within six months from the date the contract was executed.
- Allow an extension of the six months upon approval of the DFS manager and document the approval in the case file.
- Exempt the proceeds from the sale until purchase, exchange or construction is completed or the six month period ends.
- Evaluate the assets upon completion of the exchange.
- When the old and new property are of equal value, there is no effect on eligibility.
- When the new property is of less value, consider the difference an asset.
- When the value of the new property is greater than the old property, establish where the additional money was obtained to evaluate as possible income or assets.
- Evaluate the assets at the end of the six months when the construction or exchange is not complete.
- Exempt the home into which the client is planning to move, and
- Count the balance of the proceeds from the sale of the previous home.
- Sale Of An Asset - Consider the proceeds from the sale of an exempt or nonexempt asset as a asset instead of income and require the proceeds to be within the appropriate asset limit to remain eligible for assistance.
- Countable Assets
- Income - Determine the total income available and each source of income received by the parent(s), the ineligible stepparent, the disqualified immigrant parent, the eligible caretaker relative, the eligible child, the ineligible child in the assistance unit, the parent(s) of the minor parent, and the immigrant sponsor and whether the income is earned, unearned, exempt or nonexempt. Verify income of the removal home only when contrary to current information available within the community and/or DFS.
Require the income of the parent(s) to meet the 185% CAP and need standard tests (see Table VI-AFDC Income Guidelines).
Require all available anticipated income of the child to be within the foster care need standard (see Table VI-AFDC Income Guidelines), including child support paid in the child's behalf or any contributions available to the child.- General Considerations - Use the following general considerations for determining income available to the assistance unit.
- Require applicants/recipients to apply for and accept income for which the child would be eligible if they applied, such as RSDI, veteran's benefits, child support, etc.
- Consider for family groups living together in the same household the income of:
- A spouse is available to the spouse, and
- A parent is available for a child through age 18 or to age 19 except when the minor is emancipated.
- A caretaker relative only when there is a court order making that relative financially responsible.
- Consider income in the month in which it is available.
- Income from self-employment, employment on a contractual basis, or income received intermittently on a quarterly, semiannual or yearly basis will be prorated or averaged over the period covered by the income.
- Consider the garnishment of income as voluntarily assigned to pay a debt and as countable income.
- Exempt the income of a disqualified immigrant sibling in determining the need of an otherwise eligible dependent.
- Earned Income - Consider the following as earned income and determine whether the income is exempt or nonexempt:
- Exempt -
- College Work Study earnings.
- Earned Income Credit (EIC). (Any remaining amount shall be considered an asset in the third month.)
- Nonexempt - Count the following as nonexempt earned income and use the total amount in determining eligibility and calculating the grant:
- Accumulated vacation and sick leave - payment paid as a money payment.
- Child care income from the arrangement to care for children on a daily basis for a fee less $.64 per meal per child as a business expense for the meals provided.
- Disability insurance payments - to be considered earned income when such payments are employer funded, paid to an individual who remains employed during recuperation from a temporary illness or injury pending his/her return to the job and specifically characterized under State law as temporary wage replacements.
- In-kind wages - Require the employer or purchaser of the service to make a written statement of the value of the in-kind wages based on what the employer would have paid in cash or what the goods or services are worth or use the going rate in the community for the services, whichever is higher.
- JTPA program wages, including the Job Corps and summer youth programs when not exempt for a full-time high school student.
- Wages from jury duty.
- Net profit from self-employment -
- Find that personal expenses, along with entertainment expenses, depreciation, purchase of capital equipment, land or buildings, old debts and improvements are not business expenses.
- Find that all costs directly related to the production of the goods or services provided by the operation such as cost of merchandise, supplies, rent, utilities and upkeep of the premises are business expenses.
- Business expenses also include labor, feed, seed, machinery repairs, transportation required to perform the service or deliver the goods, taxes, cost of merchandise and supplies or any other expense connected solely with the function of the business.
- Consider the net profit from the business as the gross earned income from that source for the individual.
- Property Income from the rental of real or personal property is to be treated as self-employment if the client is involved in the production of the income. If the client is receiving the rental check without exerting any effort, then the rental would be considered Unearned Income. The equity of the real property combined with other assets cannot exceed $10,000.
- Room and/or board income, when:
- The client can prove the vacancies are filled through advertisement, and
- The charge(s) for the service(s) is equal to the going rate for such services in the community, and
- Deduct the utility expense by dividing the number of income producing rooms (excluding bathrooms, closets and hallways) by the total number of rooms in the building and multiplying the resulting percentage times $57, to arrive at the expense of providing utilities, and
- Deduct an amount of $20, per month, for the expense of maintaining the room, and
- Deduct the Food Stamp Thrifty Food Plan amount per person for the expense of providing board.
- Sale of blood or plasma.
- Sale of produce - by using 50 percent of the total cash receipts (cream, vegetables, eggs, meat, etc.) as net profit, unless the recipient can provide documentation of higher expenses.
- Severance pay paid as a money payment.
- U.S.D.A. Food Reimbursement - funds received by licensed day care operators.
- Vacation and sick pay paid as taken. xv. Wages, tips and bonuses.
- Worker's Compensation - to be considered earned income when such payments are employer funded, paid to an individual who remains employed during recuperation from a temporary illness or injury pending his/her return to the job and are specifically characterized under State law as temporary wage replacements.
- Exempt -
- Unearned Income - Consider the following as unearned income and determine whether the income is exempt or nonexempt.
- Exempt - Exempt unearned income paid for a different purpose or for goods or services not provided in the AFDC need standard. These exemptions include, but are not limited to:
- Adoption Assistance - adoption assistance payments if the child for whom the payments are being made is excluded from the assistance unit.
- Agent Orange Settlement Fund - payments made from this or any other fund established pursuant to the settlement in the "In Re Agent Orange" product liability litigation.
- Aleutian and Pribilof Island Restitution Act - payments received by Aleuts under this Act.
- Child Support/Alimony - the first $50 of current child support and/or alimony (only when there is court ordered child support also) paid to or kept by the assistance unit for eligibles during the month received. The client is allowed one $50 exemption on current support paid per month. However, it is possible the client could receive in the current month the $50 exemption and $50 from the child support unit for a past month's exemption. Be certain to allow both exemptions in this situation.
- Do not exempt any portion when child support is paid to client by a non-assistance unit member for an assistance unit member. CH is countable income with no disregards. CH = Child Support paid to client.
- For SNAP and POWER you would exempt when retained by state. Therefore, none of CS would count towards eligibility. CS = Child Support retained by state.
- Civil Liberties Act of 1988 - payments received by individuals of Japanese ancestry under this Act.
- Contributions - exempt the following types of contributions:
- Vendor payments - the amount paid in behalf of an assistance unit which the assistance unit cannot convert to cash to meet its needs. This does not include in-kind wages.
- Shared households - (other than board and room situations) the amount received by the household from individuals outside the assistance unit who reside in the household and share responsibility for the household expenses through an informal arrangement.
- Example 1. An AFDC mother and two children share the house- hold with a non-AFDC unrelated friend. This is not a roomer/ boarder or landlord/tenant situation. The friend gives the AFDC recipient a $325 cash payment towards the rent. The verified rent for the household is $500. The AFDC recipient applied the total contribution to the rent payment.
- Example 2. An AFDC mother and her children live in a rented apartment. The recipient is the lessee. Another AFDC unit also lives in this apartment but does not have a legal obligation to pay rent. The mother of the second AFDC unit pays the recipient $140 each month toward the rent. Utilities are provided, and each AFDC unit prepares its meals separately.
- Death Benefits - the one time SSA benefit paid upon the death of the beneficiary.
- DVR - the amounts paid for a purpose or need not covered in the AFDC need standard.
- Educational Income - (also see Student Financial Assistance) funds for educational purposes when there is a written statement indicating the funds are for educational purposes only. Any funds designated for daily living expenses will be counted against the grant unless the funds meet the definition of a bona fide loan. Examples of educational assistance are:
- Payments from DVR for education or training; or
- Grants, loans or scholarships for the purpose of educational expenses from federal, state, fraternal, civic sources or relatives.
- VA educational payments received by a postsecondary student. Obtain VA information or clarification by using their toll free phone number 1-800-442-2761.
- Emergency/General Assistance - the amount paid for a purpose other than that included in the AFDC payment standard.
- Food/Food Stamps - the value of Food Stamp coupons and commodities donated by the U.S. Department of Agriculture, and:
- Benefits received under Title VII, Nutrition Program for the Elderly, of the Older Americans Act of 1965, as amended;
- The value of supplemental food assistance received under the Child Nutrition Act of 1966, as amended, which includes WIC; and
- The special food service program for children under the National School Lunch Act, as amended.
- Foster Care - foster care payments made in behalf of a person in foster care.
- IV-E Foster Care Recipient - the individual for whom the foster care payment is made is not eligible for AFDC and the payment is exempt.
- Gifts - nonrecurring gifts not to exceed $30 perrecipient, per quarter, such as but not limited to Christmas, birthday, graduation, etc., and:
- Divide the money equally among the members of the assistance unit when the gift is for the entire assistance unit; or
- Exempt the portion under $30 when several gifts under $30 each are received in a month.
- Home Produce - produce from gardens, live-stock or poultry when used for the consumption of the household and not sold or given away.
- Housing Subsidies -
- payments for rent received under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and
- rent subsidies provided under the U.S. Housing Act of 1937, Title V of the Housing Act of 1949, the National Housing Act and Section 101 of the Housing and Urban Development Act of 1965.
- Indian Per Capita -
- Per capita distributions from judgment funds by the Blackfeet and Gros Ventre tribal governments to members under P.L. 92-254;
- Per capita distributions of judgment funds of the Indian Claims Commission of the Court of Claims in Section 7, P.L. 93-134;
- Per capita payments made to or held in trust for members of the Grand River Bank of Ottawa Indians, under P.L. 94-540;
- Per capita payments paid to any tribe after August 2, 1983, under P.L. 98-64 and P.L. 93-134;
- Indian judgment funds distributed to any tribe on a per capita basis and held in trust under P.L. 97- 458 when paid after January 12, 1983, (Arapaho and Shoshone);
- Judgment funds awarded to the Red Lake Band of Chippewa Indians paid on a per capita basis or trust payments under P.L. 98-123;
- Judgment funds awarded under P.L. 98-124 and paid on a per capita basis or trust payments to the:
- Assiniboine Tribe of the Fort Belknap Indian Community; and
- Assiniboine Tribe of the Fort Peck Indian Reservation.
- Receipts distributed from certain trust lands designated in P.L. 94-114, Section 6, as follows:
- Maine Indian Claims Settlement Act of 1980 (P.L. 94-420) - Payments received by a member of the Passamaquoddy Indian tribe, the Penobscot Nation, the Houlton Band of Maliseet or the Aroostook Band of Micmacs Indians under this Act.
- Indian Trust-Alaska Native Claims Funds - Funds generated by lands held in trust for the:
- Seminole Indians in Florida under P.L. 84-736;
- Pueblos of Zia and Jemez in Florida under P.L. 84-926;
- Burns Indian Colony in Oregon under P.L. 92-488;
- Stockbridge Munsee Indian Community of Wisconsin under P.L. 92-480; and
- Payments received from a Native Corporation established pursuant to the Alaska Native Claims Settlement Act (ANCSA) to include:
- Cash retained after the month of receipt to the extent that it does not exceed $2,000 per individual in total, and
- Stock (including stock issued or distributed by a Native Corporation as a dividend or distribution on stock), and
- A partnership interest, and
- Land or an interest in land (including land or an interest in land received from a Native Corporation as a dividend or distribution on stock), and
- An interest in a settlement trust.
- Loans - bona fide loans are exempt. A bona fide loan is one where there is a written agreement to repay the moneys. Loans which are not bona fide will be considered as contributions to the household. If the nonexempt loan amount is greater than the standard of need, treat the income as a lump sum.
- Low Income Energy Assistance - the total annual benefit paid to households under the Low Income Home Energy Assistance Act of 1981 pursuant to Section 2605(f) of P.L. 97-35.
- Military allotment - the first $50 of the current allocated payment paid to or kept by the assistance unit during the month received(maximum allowable support exemption is $50 per assistance unit per month.)
- Private Energy Assistance Programs - the total annual benefit.
- Radiation Exposure Compensation Act - payments received by individuals under this Act which was enacted October 15, 1990.
- Relocation Moneys Under P.L. 95-87 - such as the Rawhide funds.
- Spousal support - spousal support (when there is court ordered child support also) retained by the client and excess spousal support paid minus the $50 exemption for only the current month spousal support. (see Child/Spousal support-Exempt unearned income.)
- SSI Recipient - all income of this person except the portion contributed to the AFDC assistance unit. (See b.v.(5))
- Student Financial Assistance - all student financial assistance provided under programs in Title IV of the Higher Education Act or under Bureau of Indian Affairs student assistance programs. (Interest, dividends, etc., from this assistance is non-exempt unearned income.) Examples of Title IV assistance include, but are not limited to:
- Pell grants;
- SEOG, Supplemental Educational Opportunity Grants; (3)SSIG, State Student Incentive Grants;
- Perkins loans (formerly NDSL, National Direct Student Loans);
- GSL, Guaranteed Student Loans (including PLUS loans and SLS, Supplemental Loans for Students).
- TANF (POWER) - As the title IV-A program, TANF (POWER) should not be counted as income in determining IV-E eligibility. Section 472 of the Social Security Act, 7/14/04)
- Tax Refunds – The total amount of a refund regardless of whether the refund is the result of a refundable credit, over-withholding, or both is disregarded.
- Volunteers
- Payments to VISTA volunteers under Title I of P.L. 93-113, Section 404(g), as amended by Section 9 of P.L. 96-143, when the Chief Executive Officer of the Corporation for National and Community Service determines the payment, adjusted by the number of hours served by the volunteer, is less than the amount of the minimum wage of the state where the volunteer is serving; and
- Payments for supporting services or reimbursement of out-of- pocket expenses made under Title II and III of P.L. 93-113, Section 418, to volunteers of:
- The Service Corps of Retired Executives (SCORE); and
- The Active Corps of Executives (ACE).
- Payments of any kind made under Title II & III of P.L. 93-113, Section 418, to volunteers of:
- The Foster Grandparents Program;
- The Retired Senior Volunteer Program (RSVP);
- The Action Cooperative Volunteer Program (ACV); and
- The Senior Companion Program.
- Nonexempt Unearned Income - Count the following as nonexempt unearned income and use the total amount in determining eligibility and calculating the grant:
- Alimony - see spousal support.
- Assistance From Other Agencies or Programs - the amount paid for the same purpose or need provided in the AFDC need standard. If a TANF payment and a IV-E payment are made in the same month for a child moved into a foster home, the TANF payment is considered an overpayment and must be recovered.
- Burial fund - the money withdrawn from an exempt burial fund which is used for a purpose other than burial expenses.
- Child Support - child support retained by the client and excess child support. (see Child Support/ Alimony under exempt unearned income and lump sums.)
- Contributions to the Assistance Unit - use a DFS 105, Voluntary Contribution Statement, and:
- Consider the contribution of the person in the household according to the individual's statement.
- Consider the contribution of all related and unrelated people, excluding the stepparent, living with the assistance unit, according to the statement.
- Consider the contribution of anyone living elsewhere, according to the statement.
- Use the value of the money contribution.
- Use the AFDC shelter provided standard when all of the shelter costs are provided or the assistance unit receives a housing subsidy.
- Require the statement to specify whether the person is:
- Sharing shelter,
- Supplying shelter,
- Paying room and board, and/or
- Making a money contribution.
- Use only the amount specified by the SSI recipient as a contribution to the household.
- Disability Insurance Payments - use when such payments are not employer funded, are not made to an individual who remains employed during recuperation from a temporary illness or injury pending his/her return to the job and are not specifically characterized under State law as temporary wage replacements.
- Dividends and Interest - money from stocks, bonds, trust funds, savings, checking accounts, sales contracts, investments, notes or mortgages.
- DVR - the amount paid for on-the-job training and maintenance and payments or allowances for any purpose covered by the AFDC need standard.
- Financially Responsible Parents - consider the income of the parent(s) of a minor parent/pregnant minor unless the minor parent is living elsewhere.
- Gifts - the amount of an occasional gift, which is in excess of $30 per recipient, per quarter, and:
- Divide the money equally among the members of the assistance unit when the gift is for the entire assistance unit; or
- Count the portion over $30 when several gifts under $30. each are received in a month; or
- Count only that amount over $30 when the gift from one source is in excess of $30.
- HUD Escrow Account - cash received from the account.
- Indian Income and Property - the Indian income from land, rent, mineral royalties, cattle sales, etc., paid to enrolled Indians usually in December and July.
- Inheritance - money that is inherited.
- Insurance - money from life or Personal injury insurance.
- Joint Bank Accounts - use as follows when available/accessible:
- Allow the applicant or recipient the opportunity to provide proof that the money deposited was the conversion of a asset to cash and therefore an asset.
- Consider the money in the account on the first of the month an asset.
- Consider the money deposited during the month as unearned income to the client when not already considered from another source.
- Loans - see loans, bona fide Nonexempt loans are considered contributions to the household. A nonexempt loan, which is greater than the standard of need is considered a lump sum payment of unearned income.
- Military Allotments - the amount retained by the client and excess paid minus the $50 exemption for only the current month allotment. Only one $50 support exemption of current month's support is allowed per assistance unit.
- Mineral Leases - the money received from renting the right to minerals such as but not limited to oil, gas, gravel and water.
- Pensions/Retirement - the money from pensions or retirement (such as IRA and Keogh, Civil Service, etc.) The portion paid by the employer is non-exempt unearned income when withdrawn.
- Prizes or Game Winnings - the money won as a prize or from playing a game. These are treated as unearned lump sum income.
- Property Income - the rental money received when the client is not involved in producing the income.
- Railroad - the money paid for railroad retirement/unemployment.
- Royalties - money received from the production of goods by others. (Mineral rights are an asset.)
- RSDI - money received from SSA under Title II plus the Medicare Part B premium.
- Require primary beneficiaries to apply for RSDI.
- Require the dependents of a primary beneficiary who has retired, become disabled or died, to apply for benefits as follows:
- An unmarried child(ren) (natural, adoptive or a stepchild) who is:
- Under age 18;
- Age 18 and attending secondary school full-time, until the occurrence of:
- Reaching age 19, or
- Graduating from secondary school, whichever comes first.
- Age 18 or over when the child became severely disabled before age 22 and continues to be disabled.
- A grandchild with deceased or disabled parents who lived with and was supported by a grandparent(s) for at least one year before the death, disability or retirement of the grandparent(s).
- Require the Social Security payment to be submitted to the state if the absent parent is under court order and meeting his/her obligation in this way for support.
- An unmarried child(ren) (natural, adoptive or a stepchild) who is:
- Spousal Support - spousal support/alimony when child support is not ordered in the decree as well. (see Child/Spousal support, Exempt unearned income.)
- Unemployment Insurance Benefits (UIB) - money received from the E.S.C. or railroad for unemployment.
- Utility Allowance - (negative payment) the payments by the local housing authority from funds other than HUD.
- Veterans' Administration (VA) - any VA benefits the caretaker relative receives from the Veterans' Administration on his or her own behalf or on behalf of the dependent children will be treated as unearned income. This includes subsistence payments received by a postsecondary student. Any money that the veteran sends to the AFDC caretaker will be treated as follows:
- As unearned income dollar-for-dollar if it is a contribution; or
- As support if it is voluntary and acknowledged by either the mother or the absent parent to be for the support of the child; or
- As support if the absent parent is under court order and meeting his/her obligation in this way. Require this payment to be submitted to the state as it is assigned to the state. Obtain VA information or clarification by using their toll free telephone number, 1-800-441-2761.
- Victim's Compensation - the payment(s) made to the victim of a crime for lost wages.
- Vista Volunteers - the payments when the Chief Executive Officer of the Corporation for National and Community Services determines the payment, adjusted by the number of hours served by the volunteer, is more than the minimum wage in the state where the volunteer is serving.
- Windfalls - such as lottery winning, legal settlements, inheritance. These are treated as unearned lump sum income.
- Workers' Compensation - money received from Workers' Compensation when such payments are not employer funded, are not paid to an individual who remains employed during recuperation from a temporary illness or injury pending his/her return to the job and are not specifically characterized under state law as temporary wage replacements.
- Exempt - Exempt unearned income paid for a different purpose or for goods or services not provided in the AFDC need standard. These exemptions include, but are not limited to:
- General Considerations - Use the following general considerations for determining income available to the assistance unit.
- Realize a child, if eligible, may receive benefits from both SSI and Title IV-E simultaneously. The SSI payment will be reduced by the amount of the foster care payment. The foster care payment is considered unearned income when computing SSI benefits. Although the child is IV-E eligible, he may not be reimbursable. That would be a situation where the SSI payment is greater than the maintenance payment.
NOTE: Workers in the field need to do what is best for the child. We would not want someone taken totally off SSI if that would hurt the child in the long run. For example, if the maintenance payment would take the child completely off SSI and then the child turned 18 and was no longer eligible for IV-E foster care, this would hurt the child as SSI would have continued after they turned 18. Once they are taken off SSI it is hard to qualify for the program again.
Do nothing to jeopardize a child’s SSI eligibility. - IV-E Eligibility Ends when
- Child turns age 18 or
- Child turns age 18 and no plans for graduation by age 19 or
- Child plans to graduate by age 19 so ends month following graduation.
- Deprivation no longer exists.
- Child is returned to the care and custody of his parent(s) and/or caretaker relative.
- Medicaid
- IV-E Foster Care
- Child is categorically eligible for Medicaid. Use Medical subtype FC. (See R.2 below for exceptions)
- Periodic review is not required. Enter an Alert on PAAL to track when each 12-month time frame occurs.
- Medicaid benefits continue for children under age 19 for the remainder of the 12 month continuous period after DFS custody ends.
- Refer to the Equality Care Eligibility Manual section 1200 for proper coding. Example: A IV-E foster child has left foster care and is no longer eligible for IV-E yet still has 7 more months of Medicaid remaining until the 12-month review. Change Medicaid code to CF for the remaining 12 months.
- A IV-E Foster Care child who remains IV-E eligible, but is not reimbursable is eligible to continue Medicaid in the FC code. Exceptions to the FC coding apply to
- A child who enters an institution will be coded FT
- A child who ages out will be coded FE
- If there is a need to recreate or establish a IV-E case prior to July 2010, the benefit specialist will need to assure the Medicaid case has the correct Medicaid code for each month.
- IV-E ICPC Coming Into Wyoming
- Child is categorically eligible for Medicaid using Medical subtype code FC.
- Periodic review is not required.Enter an Alert on PAAL to track when each 12-month time frame occurs.
- Medicaid benefits continue for children under age 19 for the remainder of the 12 month continuous period after DFS custody ends. Refer to the Equalitycare Policy Manual for proper coding.
- Children who turn 19 are no longer eligible for IV-E Foster Care or Child 6 through 18 years Foster Care. Transition these clients to one of the following coverage groups: Foster Care “RC”, Basic Foster Care “FR” or Institutional Foster Care “FT”. (Medicaid Equalitycare policy manual Section M1201D)
- IV-E ICPC Wyoming Child Going to Another State
- Child is categorically eligible for Medicaid and coded FC.
- Continue on WY Medicaid with code FC until the new state confirms they have accepted the child onto their Medicaid.
- New state completes Medicaid Periodic Reviews, if applicable to that State. If new state does not pick up Medicaid, WY is responsible. d. Periodic review is not required.
- Non IV-E Foster Care
- Child is eligible for Medicaid. Depending on which coverage group they are eligible the Medicaid is coded RC, FA, FI, FT, or FR. Refer to the Equality Care Policy Manual Chapter 1200.
- Periodic Reviews are due every 12 months after the initial approval.
- Use Form DFS 602 for the period review.
- Medicaid benefits continue for children under age 19 for the remainder of the 12 month continuous period after DFS custody ends. Change Medicaid subtype code according to the Equalitycare policy.
- Non IV-E ICPC Coming into Wyoming
- Follow policy in EqualityCare Eligibility Manual section 1200.
- An application is required to determine Medicaid eligibility in Wyoming under the Family and Children’s programs.
- These children are not eligible for Foster Care in Wyoming. NEVER use a foster code coverage group for this child.
- Non IV-E ICPC Wyoming Child Going To Another State
- Continue on Wyoming Medicaid under the current Medicaid subtype until the new state confirms they have accepted the child onto their Medicaid.
- Close Medicaid benefits when the child is eligible for Medicaid in the new state.
- Aging Out
- Refer to Equalitycare Eligibility Manual section 1201 D #13.
- Code Medicaid with FE.
- To qualify for Aging Out the child must be
- released from DFS custody,
- at least age 18 but under age 21, and
- residing in Wyoming.
- A Periodic Review is required every 12 months to confirm he/she is still a Wyoming resident.
- Use the Renewal Notice Forms for Family Care and Children’s Health Programs.
- A child who is receiving Kid Care Chip at the time they come into DFS custody remains on the Kid Care Chip until the first of the following month. Notify the Kid Care CHIP office if the child will be eligible for Medicaid under any cover group using the Equality Care Transmittal Form or by email tokidcareemail@health.wyo.gov. Kid Care Chip will respond back via fax, e- mail or phone to acknowledge receipt and /or closure. Please refer to Medicaid Policy Manual M403 for more information. See IV-E Policy Subsidized Adoption Chapter 1 for policy on working with IV-E Subsidized Adoption children.
- IV-E Foster Care
WYOMING DEPARTMENT OF FAMILY SERVICES |
CHAPTER: 4 |
IV-E Foster Care Policy Manual | SUBJECT: Removal From Home |
POLICY NUMBER: IV-E11-001 | EFFECTIVE DATE: 07/01/11 |
REMOVAL FROM HOME
References: 45 CFR 1356.21 (c) and (k); WY Statute § 14-3-402; Title IV-E of The Social Security Act 472 (a)
Except as noted in C. below, Title IV-E requires that a child be physically removed from the home in order to be determined IV-E eligible.
- Require the July 1996 AFDC eligibility factors be met using the household circumstances from which the child was judicially or voluntarily removed The child must continue to meet all of the AFDC factors in order to maintain IV-E eligibility throughout the placement episode.
- The date the child was removed as a result of a court order may differ from the date the court proceedings were actually initiated.
- The date the child is considered to have entered foster care is whichever is the earlier, a judicial finding of abuse or neglect or60 days from the date the child is physically or constructively removed from the home. This date is required to determine when to obtain the initial judicial determination of “reasonable efforts to finalize the permanency plan.” Examples:
- Petition states child was taken into custody on March 5 - Date child
- Entered Foster Care is May 4
- Petition states child was taken into custody on March 5 - A court hearing on April 8 adjudicated the neglect/abuse complaint - Date child Entered Foster Care is April 8
- Petition states child was taken into custody on March 5 - A court hearing on June 10 adjudicates the neglect/abuse complaint - Date Entered Foster Care is May 4
- Physical Removal - Physical removal means that the child is physically removed from the child’s current living arrangement and placed into another living arrangement under State control. For IV-E eligibility, a child must be physically removed from the removal home within six months prior to the eligibility month. If the court order establishes a placement within the child’s own home (in- home dependency), and the child remains with the parent or legal guardian, no out-of-home placement occurs and therefore Title IV-E does not exist.
- Constructive Removal - Physical removal of the child is not required when a constructive removal takes place. Constructive removal occurs when all of the following apply:
- A child is living with either a related or non-related interim caretaker when the child is voluntarily or judicially placed in State custody.
- The related or non-related caretaker becomes certified as a foster parent.
- The child is placed with this related or non-related caretaker.
- The child lived with his/her parent(s) or other specified relative(s) from whom custody was voluntarily or judicially taken within the six months prior to the eligibility month.
- Determining Removal Home - Understand the child meets AFDC/AFDC-UP test if one of the following conditions is met in the order listed:
- The child would have received AFDC/AFDC-UP in the month the child was removed from the home if an application had been made by the household; or
- The child did not live with a caretaker relative in the month the child was removed from the home but did live with a caretaker relative in any one of the preceding six months and would have received AFDC/AFDC-UP in the month the child was removed from the home if application had been made by a caretaker relative.
- The home from which the child was physically removed is not always considered the removal home for IV-E eligibility determination.
- The removal home for IV-E eligibility determination is the household of the person from whom custody of the child was judicially taken or voluntarily given to the state.
- In order for the removal home to meet IV-E requirements, custody must have been judicially taken or voluntarily given from the child’s parent(s) or caretaker relative(s) responsible for the ongoing care of the child. In addition the child must have lived in the removal home within any of the six months prior to the eligibility month.
EXAMPLES:
NOTE that given examples met the July 1996 AFDC eligibility or would have been met had the child applied for assistance. They will also be Title IV-E eligible provided that other IV-E factors are met, such as best interest/reasonable efforts language in the court orders, and placement in a certified foster home.
EXAMPLE 1: A child was physically removed from the home of his mother and father. The father works full time. The child has never lived any where else. They would be looked at for AFDC-UP program. In this scenario the child would not be IV-E eligible based on no deprivation and not meeting the AFDC-UP criteria.
EXAMPLE 2: A child is physically removed from a neighbor's home and judicially removed from the mother. Two months prior, he/she lived with his/her mother. The mother's home is then considered the home from which the eligibility can be determined with the 6-month look back period. Mom is the only relative the child lived with during the past 6 months. Assuming income and assets were within the limits and court orders had the correct language, they would have been AFDC eligible if mom had applied so the child is IV-E eligible.
EXAMPLE 3 is Ms. Capitola Land’s teenage granddaughter, who came to live with Ms. Land after her mother abused the child. The mother’s home is the removal home with a petition filed against the mother for alleged abuse. The child has been living with grandma for the past 5 months and lived with mother before going to grandma’s. The child was AFDC-eligible in the mother’s low income home before she fled. This child is IV-E eligible, since she was AFDC eligible within 6 months of the judicial removal. Had the child live with grandma 6 months or more, there could not be any IV-E eligibility as the removal home was the mother’s.
EXAMPLE 4 is a youth aged 14 who fled his abusive parents’ home some nine months ago and has been existing as a runaway, on the streets, in youth shelters, and in friends’ homes ever since. A shelter worker convinces him to try living with his Uncle John, and convinces Uncle John to apply to become a relative foster parent, which he does. Two years after the youth fled from his parents, the State agency finally petitions the court to remove the youth from parental custody and formally places him in foster care with Uncle John. The youth is ineligible for IV-E because the petition for removal occurred more than six months after the youth left the “home of removal.”
EXAMPLE 5 is a street friend of Example 4. On the run from his well-to-do but abusive father and mother, this youth has lived with friends, and periodically at his grandmother’s house, over the last five months, but for the last 45 days he has lived in the youth shelter. The State agency petitions for his removal from parental custody and places him from the youth shelter into a certified group home. He was not living with any relative in the removal month. However, he had occasionally lived with grandmother during the five preceding months. This youth is ineligible because the “removal home” (parent’s home) would not have met AFDC means and deprivation tests, even if the removal petition were filed within six months of the youth’s running away.
WYOMING DEPARTMENT OF FAMILY SERVICES |
CHAPTER: 5 |
IV-E Foster Care Policy Manual | SUBJECT: Placement Requirements |
POLICY NUMBER: IV-11-001 | EFFECTIVE DATE: 07/01/11 |
PLACEMENT REQUIREMENTS FOR TITLE IV-E ELIGIBILITY
- IV-E Placement Requirements – General Information
Caseworker Responsibility:- Removal of Barriers to Interethnic Foster Care
The state may not deny or delay foster care placements to any person on the basis of race, color, or national origin of the person(s) applying to become foster parent, or of the child involved. - Kinship Care
The State must consider giving preference to an adult relative or a non- related caregiver when determining a placement for a child, provided that the relative caregiver meets all the relevant State child protection standards.
Benefit Specialist Responsibility: - Eligibility Placement Requirements
Once a child has met the initial IV-E eligibility requirements, it is necessary to also determine if all IV-E placement requirements have been met. If the placement requirements and eligibility factors are met, then the child is IV- E reimbursable.
If a child who is initially determined IV-E eligible fails to meet placement requirements, even for the initial placement, the child is not prevented from being IV-E reimbursable in the future when those placement requirements are met. - Placement Requirements Effective Period
Title IV-E reimbursement may fluctuate from month to month due to placement requirements. A child may lose and regain reimbursement, depending upon whether or not the placement requirements are met (as well as other eligibility factors after the initial determination has been positive). The loss of IV-E reimbursement due to placement requirements not being met does not permanently deprive the child of future reimbursement. - Eligibility Effective Date
Placement requirements pertain to initial and ongoing reimbursement based on July 1, 1996 AFDC policy. If placement requirements are not met after initial eligibility has been determined, the child is not IV-E reimbursable until placement requirements are met. A child who is IV-E reimbursable during any part of the month is reimbursable for the entire month. Exception: Child cannot be reimbursable if the provider is not fully certified. Reimbursement would begin effective the date the provider certification begins. - Tracking Eligibility
If a child loses IV-E eligibility or reimbursement, computer system coding must immediately be adjusted to prevent IV-E funds from being incorrectly claimed for administrative costs. Note: Adjustments in the Medicaid eligibility category may also be required in the Benefit Specialist computer system. If payments were made before the child’s eligibility/reimbursement coding was corrected, fiscal and payment history adjustments must be made for ineligible/non-reimbursable months.
- Removal of Barriers to Interethnic Foster Care
- IV-E Placement Requirements – Qualified Placement
- A child must be placed in a qualified placement to be IV-E reimbursable on an ongoing basis. Qualified IV-E placements include certified foster homes, private group homes, residential care facilities, and public institutions accommodating 25 or fewer children.
- Placements that do not meet IV-E reimbursable placement requirements include such entities as:
- Detention facilities, forestry camps, training schools, and facilities operated primarily for the detention of children. See Table VII
- The State hospital.
- Placement with the parent(s) except during trial home visits.
- A facility that is physically restrictive for the benefit or safety of the child, such as a secure mental health facility, can be a qualified placement as long as the facility is not used primarily to detain children who require secure custody. See Table VII
- If a child is not reimbursable due to placement in a facility that does not qualify for IV-E purposes, reimbursement may be reinstated the date in which the placement requirement was met.
- IV-E Placement Requirements – Certified Placement
Qualified providers must be fully certified to meet IV-E placement requirements, except as noted in E. below.- Before a child in foster care is placed with prospective foster parents, the prospective foster parents are prepared with the appropriate knowledge and skills to provide for the needs of the child. As necessary, such preparation is continued after placement of the child.
- A foster home or private group home or residential care facility must be certified by DFS. If the foster home or facility is located on the reservation/tribal lands, the home or facility may be approved by a tribal Social Service agency if specified in an agreement between the State and tribe. Note: Check with the State office IV-E consultant for the status if this is actually a tribal custody case.
- A public institution accommodating 25 or fewer children must be certified by DFS.
- If out of State, any facility listed in 1. or 2. above must be certified or approved by that State. (For out of State providers, a copy of the provider’s current license, verified background check, and a copy of the approved ICPC form must be in the child’s compliance file.)
- Children placed in a foster family or kin home that is not IV-E certified or that is conditionally certified does not meet reimbursement requirements.
- IV-E Placement Requirements – Legal Requirements, Responsibility for Care and Placement of the Child
- If the court orders the child into a specific placement the child cannot be IV-E reimbursable while in that placement unless the order states DFS’ recommendation for placement was heard or considered.
- If the court order States DFS cannot change placement without court approval, the case is not reimbursable.
- Reimbursement may resume if a new court order is issued, giving the agency care and placement responsibility.
- If a court order indicates that a child will remain in a placement that was made by the State and the State has the ability to change the placement without prior court approval, then this is not considered a placement without DFS input. This is a reimbursable situation.
- Exceptions to Placement Orders
Some Title IV-E foster care eligible children move while in care or with interruptions or delays in placement require no new application or new judicial findings for Title IV-E. The eligibility factors of deprivation, income and assets available to the child and school registration for the 18 year old must still exist, to continue Title IV-E eligibility. Reimbursement may be established effective the day the child enters paid care in a IV-E placement for the following otherwise eligible children:- Children on the run for 30 days or less.
- Children on the run or taken by the parent without DFS permission are located at home and immediately returned to care.
- Children at home awaiting a residential opening; or
- Children placed into detention; or
- Children placed into the Boys’ or Girls’ School; or
- Hospitalization.
- Voluntary Placement - 45 CFR 1356.22 (a)
A voluntary placement agreement (form SS 11) is a signed written agreement between the State and the parent(s) or legal guardian(s) of the child that is binding on the parties. It gives the State temporary care and placement responsibility for the child. It also specifies the legal status of the child and the rights and obligations of the parents or legal guardians and the State while the child is placed in foster care.
IV-E reimbursement is available only for voluntary foster care maintenance expenditures made within the first 180 days of the child’s foster care unless there has been a judicial determination by a court of competent jurisdiction, within the first 180 days of such placement, to the effect that the continued placement is in the “best interest” of the child to remain in placement or that it is contrary to the welfare of the child to return home. Without the required court order by the 181st day, the child cannot be IV-E eligible or reimbursable for the remainder of the placement episode.
If the child entered State custody through a voluntary placement agreement, a “reasonable efforts to prevent removal” statement is not required in a court order for IV-E eligibility. - Voluntary Relinquishment
- Relinquishment Prior to Entry into Care
A child entering foster care due to a parent voluntarily relinquishing parental rights may only be IV-E eligible if a court judicially removes the child from home by issuing a court order within sixty (60) days of entry into care that includes the “contrary to welfare” or “best interest” language. The court order cannot merely validate the voluntary relinquishment of parental rights. - Voluntary Relinquishment or Terminated Parental Rights While in Care
Voluntary relinquishment or court-ordered termination of parental rights after the State has received court ordered custody is applicable for determining deprivation applicable to continuing eligibility of a child who was initially determined eligible. After parental rights are terminated, deprivation is permanently present for a IV-E eligible child while continuing in State custody.
- Relinquishment Prior to Entry into Care
- Trial Home Placement/Return Home – 45 CFR 1356.21 (e)
- A trial home visit does not terminate the placement episode. The child remains IV-E eligible although reimbursement ceases for the duration of the trial home visit. It must be documented in the case plan specifically as a trial home visit.
- If the child returns to foster care after a trial home placement of six months or less (180 days) and the child remained under the continuous custody of the State during the trial home placement, a new initial IV-E eligibility determination is not necessary. Eligibility and reimbursement factors must be reviewed based on criteria for an ongoing placement episode. During the trial home visit all administrative reviews and permanency hearings must be completed on schedule.
- If the child’s trial home placement exceeds six months (181 days), IV-E eligibility must be determined as if it were a new placement episode if the child returns to care, unless the court ordered the trial home placement for a longer period. If the court ordered the trial home placement for a period exceeding six months, use the criteria for trial home placements of six months or less to determine IV-E eligibility and reimbursement.
- When a child returns home and custody is returned to the parents, IV-E eligibility ends for that placement episode.
- The child no longer qualifies for Foster Care Medicaid when returning home, whether custody is returned to the parents or not. However, IV-E Foster Care child is eligible to continue medical assistance until the next 12 month review period is due. When a child is no longer in DFS custody, look for another Medicaid coverage group.
Example: A IV-E foster child has left foster care and is no longer eligible for IV-E yet still has 7 more months of Medicaid remaining until the 12-month review. Look at other Medicaid coverage groups to complete the 12-months.
- Out-of-State Placement –
- Eligibility for Title IV-E for foster children is determined in the State having custody of the child. The state having custody of the child is responsible to pay for foster care costs even if the child is placed out of State. If a child is IV-E eligible and reimbursable, the child qualifies to receive Medicaid from the state in which the child resides.
- If a child is not IV-E eligible and reimbursable, a Medicaid eligibility determination must be made in the State having custody of the child. If the child is Medicaid eligible, the State having custody of the child continues to be responsible to provide Medicaid for the child when placed in another State.
- Continue eligibility for a child who is placed out-of-state but remains in DFS custody. Verify this by a written statement from the caseworker.
- Minor Parents - 45 CFR 1356.21 (j)
A baby born to a IV-E eligible and reimbursable foster child (minor parent) qualifies for Title IV-E maintenance payments if the baby is not in State custody but resides with the mother. Payments may be made as an add-on to the foster child (minor parent’s) payment to the foster care provider using the foster child’s eligibility. The baby is also added to the foster child’s Medicaid case. If the baby enters State custody, a separate eligibility determination must be made for the baby utilizing all eligibility requirements.
Example: Baby Tom is born to Mary, a child in foster care. There are no abuse and neglect issues regarding Tom so Tom continues to reside with Mary. No authority for placement of Tom is required. Maintenance costs related to Tom are rolled into the foster care maintenance payment made on behalf of Mary. If Mary is Title IV-E reimbursable, the total maintenance payment is claimed to the Title IV-E program. If Mary is not Title IV-E reimbursable, the total is state-funded.
If abuse or neglect of Tom by Mary occurs and Tom is removed from Mary’s care and custody, a placement episode begins for Tom. Mary and Tom could be placed in the same foster home, with Tom under the care of DFS. Tom’s eligibility for IV-E is then assessed by the benefit specialist.
If Mary resumes responsibility for the day-to-day care of Tom, it is considered a return home and Tom is no longer eligible for IV-E funding. - Runaways
- A child who runs away from foster care is not IV-E reimbursable during the runaway period. IV-E eligibility may continue as long as DFS continues to have court-ordered custody of the child and eligibility criteria continues to be met, including deprivation in the removal home and 12-month permanency requirements.
- IV-E reimbursement can be reinstated when the child returns to care, as long as the child remains under continuous custody of the State and other eligibility and reimbursement factors continue to be met.
- If the state retains responsibility for the placement and care of the child during the runaway episode, it must continue to hold permanency hearings on the original schedule, even if the child has not been located.
- Adjudicated Delinquents
Reference: 45 CFR 233.90 (c)(1) and 1355.20, Social Security Act sections 406 (a) and 407 of the Act (as in effect on July 16, 1996, and section 472.- Eligibility for adjudicated delinquents is the same as for any other child.
- If the child meets the Title IV-E eligibility requirements, Federal Financial Participation (FFP) may be claimed for foster care costs in certified approved facilities. Such facilities, however, may not include “detention facilities, forestry camps, training schools, or any other facility operated primarily for the detention of children who are determined to be delinquent.”
- In juvenile justice cases, where children are removed for correctional purposes, the courts must determine that continuation in the home would be “contrary to the child’s welfare” for Title IV-E to be established.
- A court order indicating that the child is a threat to himself satisfies the requirement of a determination that remaining in the home would be contrary to the child’s welfare. However, if the court order indicates only that the child is a threat to the community, such language would not satisfy the requirement for a determination that continuation in the home would be contrary to the child’s welfare.
WYOMING DEPARTMENT OF FAMILY SERVICES |
CHAPTER: 6 |
IV-E Foster Care Policy Manual | SUBJECT: Facilities |
POLICY NUMBER: IV-E–11-001 | EFFECTIVE DATE: 07/01/11 |
FACILITIES
References: IV-E - P.L. 104-193, as amended by P.L. 105-33; Social Security Act sections 471 & 472; 45 CFR 1355.20; 25 U.S.C. of the Indian Child Welfare Act; Child Welfare Policy 8.3.8a.
Title IV-E reimburses the State only for the costs of otherwise, reimbursable children who are placed in a IV-E certified foster home or facility. Provisional, initial probationary, or initial certificates for foster homes or facilities do not meet the Title IV-E requirements.
If a home or facility is IV-E certified for one day in a month, Title IV-E funding may be claimed for the entire month. Or, prorated if the child was placed into that home/facility for a partial month.
It is important that the court order not specify a particular provider. If it does, the case will not be eligible for IV-E reimbursement unless the court order acknowledges or references input from DFS. (See Chapter 7, Section I C.)
Caseworker Responsibility
- When possible, assure the child is placed in a IV-E certified facility, certified non-relative foster family home or a certified relative foster family home. Title IV-E reimburses the State only for the costs of otherwise reimbursable children who are placed in fully certified foster homes or facilities.
- Assure the child is placed in a IV-E certified facility as a result of a Voluntary Placement Agreement, S-11, or judicial determination that gives the Department of Family Services responsibility for his/her placement and care.
- Assure the foster care facility is one of the following:
- Non-relative foster family home;
- Relative foster family home;
- Group home;
- Public institution of 25 children or less.
- Assure the foster care provider meets safety requirements as outlined:
- The provider must complete a criminal background check including finger- printing based checks for national crime information databases regardless of whether foster care payment are to be made on behalf of a child;
- The provider is not eligible if the criminal background records show that a court of competent jurisdiction has determined that the prospective foster or adoptive parent has been convicted of a felony involving: child abuse or neglect; spousal abuse; a crime against a child or children (including child pornography); or a crime involving violence, including rape, sexual assault or homicide, but not including other physical assault or battery.
- The provider is not eligible if the criminal background records show that a court of competent jurisdiction has determined that the prospective foster or adoptive parent has, within the last five years, been convicted of a felony involving: physical assault; battery; or, a drug-related offense.
- The criminal background checks shall be conducted on any prospective foster or adoptive parent and any other adult living in the home of such a prospective parent for such information before the prospective foster or adoptive home may be approved. The check shall include any child abuse and neglect registry it maintains and request information from any other State in which the prospective adult has resided in the preceding five (5) years. The State shall comply with any such request to check its child abuse and neglect registry that is received from another state.
- The out-of-home provider certification file must contain hard copy documentation of the Central Registry/DCI pre-screens. E-mail approval screen prints from the State Office will be acceptable. A background check must have been completed prior to the child’s placement at the home/facility. IV-E does not require annual reviews, however, it is good practice because something may change in the situation or the child may not continue to be IV- E.
- Provide the Benefit Specialist with a copy of the provider and /or facility Certificate and statement that background check was completed and satisfactory.
- Notify the Benefit Specialist that a child is in foster care and going into subsidized adoption. The criteria used to determine subsidized adoption assistance eligibility differ from those used to determine Title IV-E Foster Care eligibility. For this reason, the Title IV-E subsidized adoption assistance eligibility determination must be done regardless of a child’s eligibility or ineligibility for Title IV-E payments.
Benefit Specialist Responsibility
G. Assure the child is not residing in a detention facility to be IV-E reimbursable, i.e. Boys’ or Girls’ School, Cornerstone, etc. Facilities that are outside the scope of foster care include, but are not limited to: detention facilities; psychiatric hospitals; forestry camps; training schools; or facilities that are primarily for the detention of children who are adjudicated delinquent.
A facility that is physically restrictive for the benefit or safety of the child, such as a secure mental health facility, can be qualified placement as long as the facility is not used primarily to detain children who require secure custody. Reference: Social Security Act section 472 (c)(2). Refer to Table VII.
NOTE: A IV-E child placed in a foster or adoptive home or other facility that is not fully certified on the date the child is to be placed is not IV-E reimbursable. However, once the home has been certified then this IV-E reimbursement requirement has been met. IV-E payment can begin at this time.
H. IV-E Certification Verification
The Child Care certification unit maintains records of all current licenses/certificates and background checks for foster home providers, Therapeutic Foster Homes (TFC), and Certified Placing Agencies (CPA). As needed the IV-E specialist contacts the IV-E Program Consultant who will get copies and send them to the IV-E Specialist when requested.
WYOMING DEPARTMENT OF FAMILY SERVICES |
CHAPTER: 7 |
IV-E Foster Care Policy Manual | SUBJECT: CourtOrders, Permanency Hearings, Voluntary Placements/Relinquishments |
POLICY NUMBER: IV-E–11-001 | EFFECTIVE DATE: 07/01/11 |
I. COURT ORDERS AND REQUIRED JUDICIAL FINDINGS
References: IV-E P.L. 104-193, as amended by P.L. 105-33; IV-E State Plan 45 CFR 1356.21 (b)(1)(i) & (c); Wyo. Stat. § 42-USC 670 - 679
The casework staff assigned to the case is responsible for seeing that the federal requirements for court orders and hearings are met. They must also provide the IV-E Specialist a copy of all court orders and petitions. The Benefit Specialist is responsible for reviewing the court orders to assure the correct IV-E language is contained in the legal documents.
- The "contrary to the welfare" or "placement would be in the best interest of the child" determination must be made in the first court ruling that sanctions (even temporarily) the removal of a child from the home.
- The “contrary to the welfare” finding must be made at the first court hearing authorizing the child‟s emergency removal from the home.
- This finding must be made for all children who are the subjects of child abuse and neglect, delinquency and CHINS petitions, regardless of the type of setting in which the child is initially placed.
- If this finding is not made in the first court ruling, the child will never be IV-E eligible during that placement episode.
- The finding cannot be made or re-established later in the proceeding by any method.
- Ideally, findings should be detailed and child-specific, but at a minimum it must state it would be contrary to the welfare of the child to remain in the home, or placement is in the best interests of the child.
- The court order must be from a court of competent jurisdiction removing the child from the home.
- The child‟s care and placement responsibility must be with DFS. This does not mean the removal order specify custody is given to the State or DFS. Care and placement responsibility is further addressed in Section C.
- Dependency petitions are not court orders. The language in them is of no consequence to IV-E eligibility. Child support orders, subpoenas, search warrants are orders of the court but have no impact on IV-E.
- The name or title of the court orders does not matter.
- "Reasonable Efforts" (See definition in Chapter 1)
Title IV-E requires the courts to make two types of judicial determinations regarding reasonable efforts: First, reasonable efforts to prevent removal and second, reasonable efforts to finalize a permanency plan.
60 Days – Reasonable Efforts to Prevent Removal- The first type of reasonable effort finding (to prevent removal) must be made no later than within 60 days of the child‟s removal from the home.
- If it is not made within this period, the child‟s entire stay in care is ineligible for Title IV-E funding.
- Ideally the findings should be detailed and child specific, but at a minimum it must state reasonable efforts were made to prevent removal.
- Examples of appropriate court order language include, but are not limited to:
- Reasonable efforts were made to prevent removal from the home.
- Reasonable efforts have not been made to maintain the minor in his/her home due to an emergency situation. Ideally, the court order will state the emergency or refer to the case plan.
- Aggravated circumstances in which reasonable efforts are not required to prevent a child‟s removal from home or to reunify the child and family:
- The parent has subjected the child to aggravated circumstance as defined in State law, such as abandonment, torture, chronic abuse, and sexual abuse; or
- The parent has committed murder or voluntary manslaughter of another child of the parent, or has aided or abetted, conspired, or solicited to commit such a murder or voluntary manslaughter, or
- The parent has committed a felony assault that resulted in serious bodily injury to the child or another child of the parent, or
- Parental rights of the parent to a sibling have been terminated involuntarily.
- If the court determines that reasonable efforts to preserve and reunify the family are not required as provided in number 5 above, a permanency hearing shall be held for the child within thirty (30) days after the determinations.
- Although exceptions to the requirement to make reasonable efforts are set forth in state law as provided in number 5 above, there are some cases in which a lack of services to preserve or rehabilitate the family are reasonable. It may be that a lack of efforts following assessment of the family is “reasonable efforts.”
- In such circumstances, if the court determines that the agency‟s assessment of the family is accurate and its actions were appropriate, the court should find that the agency‟s efforts in such cases were reasonable, not that reasonable efforts were not required.
- The key issue is that the court makes a judicial determination regarding reasonable efforts to prevent removal. 12-Months – Reasonable Efforts to Finalize the Permanency Plan
- Reasonable efforts to finalize the permanency plan is the second required judicial finding under IV-E (See Section II for the language needed in the order). This finding must be made within 12-months from the date child entered foster care and made every 12 months thereafter.
- The finding should be made at the permanency hearing, however, the name or title of the court order does not matter.
- A negative, insufficient, late or missing finding means the child is not reimbursable for Title IV-E until the court makes this finding.
- Title IV-E requires that the child’s placement and care are the responsibility of the Department of Family Services.
- If the court orders a placement with a specific foster care provider, the child cannot be IV-E reimbursable while in that placement unless the record reflects the court considered placement recommendations from DFS. The court does not have to agree with DFS‟ recommendation, just consider them, and that consideration is reflected in the record and the order.
- If the court order states DFS cannot change placement without court approval, the case is not reimbursable.
- Reimbursement may resume if a new court order is issued giving the agency care and placement responsibility.
- If the court orders a placement with a specific foster care provider, the child cannot be IV-E reimbursable while in that placement unless the record reflects the court considered placement recommendations from DFS. The court does not have to agree with DFS‟ recommendation, just consider them, and that consideration is reflected in the record and the order.
- For a child who entered foster care prior to 3/27/2000, the judicial determination regarding “contrary to the welfare” must have resulted from court proceedings initiated no later than six months from the date the child was removed from the home or the child is ineligible for IV-E. The judicial determination of “reasonable efforts to prevent removal or reunify child and family” could be made anytime after placement, but the case remains ineligible until this requisite language is obtained.
- For a child who entered care on or after 3/27/2000, the judicial determination regarding “contrary to the welfare” must be made in the first order removing the child from the home, even if the order is an emergency order, or the child is ineligible for IV-E.
- For a child who entered care on or after 3/27/2000, the judicial determination regarding “reasonable efforts to prevent removal” must be made within 60 days of the child‟s removal, or the child is ineligible for IV-E.
- If the required language for either of the two findings, "contrary to the welfare" or "reasonable efforts to prevent removal" is not in the appropriate court order, the child is ineligible for the duration of the placement episode and cannot become eligible unless that placement episode ends and the child is removed again from the home and a new court order is written with the required language. If "Contrary to the welfare" is not in the initial removal order or if a finding on" reasonable efforts to prevent removal" has not been made within 60 days of placement, the case is ineligible for the duration of the placement episode.
- Judicial determinations must be documented on the orders of the court.
- Affidavits, amendments, or nunc pro tunc orders are not acceptable as verification documentation in support of required judicial findings. Only the court order or a court transcript may be used to verify judicial determinations for IV-E eligibility.
- Affidavits, Amendments, Nunc Pro Tunc orders cannot be used to correct the required “contrary to the welfare” or "reasonable efforts" judicial finding court order language.
- Affidavits, Amendments, Nunc Pro Tunc orders may be used to make minor corrections in the order; i.e. child‟s name, correct a date.
- Affidavits, Amendments, Nunc Pro Tunc orders cannot be used to correct the required permanency hearing language.
- Orders must be child-specific Each child must be listed in the court order but a court order can contain reference to more than one child.
- Affidavits, amendments, or nunc pro tunc orders are not acceptable as verification documentation in support of required judicial findings. Only the court order or a court transcript may be used to verify judicial determinations for IV-E eligibility.
- For IV-E purposes, if the date of the hearing is referenced in the order, the hearing date is used. If the date of the hearing is not indicated, the date the order is signed by the judge is used. The date the order is filed (usually stamped on the order) would not be used in any case. The IV-E eligibility effective date begins on the first day of the month in which all eligibility criteria are met, including the court order.
- The required terminology may be contained in any court order that meets the above requirements.
- An order which contains the required wording must be obtained each time a child is removed from the home, regardless of whether the agency retained legal custody while the child was in the home (with the exceptions as noted in (L) and (M) below).
- Exceptions to placement orders: Some Title IV-E foster care eligible children moved while in care or with interruptions or delays in placement, require no new application or new judicial findings for Title IV-E–Foster Care. The eligibility factors of deprivation, child‟s income and assets, and school attendance for the 18 year old must still exist, to reopen or continue Title IV-E eligibility. Eligibility may be reopened or established effective the day the child enters paid care in a IV-E approved placement for the following otherwise eligible children:
- Children on the run for 30 days or less; or
- Children on the run or taken by the parent without DFS permission are located at home and immediately returned to care; or
- Children at home awaiting a residential opening; or
- Children placed into detention; or
- Children placed into the Boys‟ or Girls‟ School; or
- Hospitalization.
- Children returned to care from the parental home when a trial visit fails may qualify as an exception to section (L ) above and will need no new court orders under the following circumstances:
- DFS has custody, Administrative Reviews and Permanency Hearings were continued during the trial visit period; and
- At the time the child was sent home, the case record narration documented that the child‟s return home was on a trial visit basis; and
- The duration of the trial visit was no longer than six months unless the court ordered a longer trial home visit.
II. PERMANENCY HEARINGS AND REQUIRED JUDICIAL FINDINGS
- When the judicial determination states reasonable efforts to return the child home were not required, a permanency hearing must be held within 30 days of the initial judicial findings. An exception occurs when the permanency requirements were fulfilled at the hearing in which the court determines that reasonable efforts to reunify the child and family are not required.
- Judicial findings of “Reasonable Efforts to Finalize a Permanency Plan” are required within 12 months from the date the child‟s removal from the home and at least once every 12 months thereafter, if the child remains in out-of-home placement. This judicial determination is often made during a “Permanency Hearing” but can be any hearing by the court of competent jurisdiction resulting in a court order with the required reasonable efforts language.
The order must include language that DFS is making reasonable efforts and identify the permanency goal which is one of the following: reunification, adoption, legal guardianship, placement with a fit and willing relative, or another planned permanent living arrangement. Examples of appropriate court order language include:- The Department of Family Services has made reasonable efforts to reunify the child and family.
- The Department of Family Services is making reasonable efforts to establish a legal guardianship for the child.
- The Department of Family Services has made reasonable efforts to place the child into an adoptive home.
- The Department of Family Services has made reasonable efforts to place the child with his fit and willing relative.
- The Department of Family Services has made reasonable efforts and considered all permanency options and has presented compelling reasons why “another permanency living arrangement” is appropriate for the child, i.e. long term foster care, group home, or independent living.
- Benefit Specialist Responsibility - If this judicial determination is not made, the child is not IV-E reimbursable from the end of the twelfth month following the date the child entered foster care (or 12 months from the date of the last judicial review with this finding) until the required judicial determination has been made. IV-E eligibility may be reimbursable on the first day of the month in which the required judicial determination is made.
Note that any judicial determination that names the permanency goal and finds reasonable efforts were made to finalize the permanency goal meets this requirement and resets the 12-month periodicity time frame. These findings do not have to be made on anniversary dates, but they must be made within 12 months. It is the date of the hearing and not necessarily the date the judge signs the order.
III. VOLUNTARY PLACEMENTS/RELINQUISHMENTS
- VOLUNTARY PLACEMENTS
- IV-E payment is available only for voluntary foster care maintenance expenditures made within the first 180 days of the child‟s foster care unless there has been a judicial determination by a court of competent jurisdiction, within the first 180 days of such placement, to the effect that the continued placement is in the “best interest” of the child or that it is contrary to the welfare of the child to return home. Without the required court order by the 181st day, the child cannot be IV-E eligible for the remainder of the placement episode.
- Initial IV-E Eligibility—Legal Requirements for Voluntary Placement
A voluntary placement agreement is a signed written agreement between the State and the parent(s) or the legal guardian(s) of the child that is binding on the parties. It gives the State temporary care and placement responsibility for the child. It also specifies the legal status of the child and the rights and obligations of the parents or legal guardians and the State while the child is placed in foster care. The agreement must be signed by the Department and the parents or child‟s custodian. The agreement must be dated. If signature dates differ, the later date is considered the effective date of the placement.
Because responsibility for placement and care is a federal monthly requirement (that is, the child‟s eligibility may extend for the entire month if eligibility is established for one day in the month), DFS may actually claim back to the first day of the month in which the voluntary placement agreement is signed, presuming that the child was actually in care the days claimed, such as may be the case involving crisis care. The effective date is the latter date of the agreement or the date the agreement is signed.
A child may be IV-E eligible (and reimbursable) for the first 180 days of the signed voluntary placement agreement, if all other IV-E criteria are met.
The child may remain IV-E eligible only if there is a judicial determination with the required “best interest” or “contrary to the welfare” language by the 181st day.
If the child entered State custody through a voluntary placement agreement, a “reasonable efforts to prevent removal” finding is not required in a court order for IV-E eligibility.
- VOLUNTARY RELINQUISHMENTS
- Initial IV-E Eligibility—Legal Requirements for Voluntary Relinquishment
- Children in placement based upon a voluntary relinquishment are eligible for Title IV-E if:
- The child is voluntarily relinquished either to the Department or to a private, nonprofit agency; and
- There is a petition to the court to remove the child from home within six (6) months of the time the child lived with a specified relative; and
- There is a subsequent judicial determination to the effect that remaining in the home would be contrary to the child‟s welfare.
- Children in placement based upon a voluntary relinquishment are eligible for Title IV-E if:
- IV-E eligibility becomes effective the first day of the month the court makes the judicial finding of “contrary to the welfare” or “best interest” finding, if all other IV-E criteria are met.
- Initial IV-E Eligibility—Legal Requirements for Voluntary Relinquishment
WYOMING DEPARTMENT OF FAMILY SERVICES |
CHAPTER: 8 |
IV-E Foster Care Policy Manual | SUBJECT: Verification– Documentation-Evidence |
POLICY NUMBER: IV-E11-001 | EFFECTIVE DATE: 07/01/11 |
VERIFICATION, DOCUMENTATION AND EVIDENCE
References: IV-E - P.L. 104-193, as amended by P.L. 105-33
Benefit Specialist Responsibilities
I. VERIFICATION
- Verify each eligibility factor for each child prior to making the initial/ongoing eligibility determination. Verification of income and assets of the removal home is not required unless the client statement is questionable or contrary to information available in the community or to DFS.
- Verify the eligibility factors prior to making the ongoing eligibility determination when a factor(s) is:
- Reported or known to have changed, or
- Suspected to have changed.
- Evaluate the verification(s):
- Compare each piece of verification to the others to see if the information is consistent.
- Assure the date the document(s) was created verifies the factor and does not raise more questions.
- Consider the reason why the document was created.
- Examine the verification to determine whether it has been tampered with or altered.
- Determine whether the verification answers the issue in question.
- Resolve any discrepancies or questions raised by the verification by:
- Requiring additional verification; or
- Contacting a knowledgeable source.
- Assure the case record contains the following: (See Attachment 2 for acceptable evidence)
- The SS 501A, Placement Application.
- A copy of the Petition and all court orders or the Voluntary Placement Agreement (SS 11)
- A copy of the placement contract to verify the daily/monthly payment rate;
- Documents contained in other economic assistance files verifying factors for eligibility (These include birth certificates, identity, etc.).
- Child Support forms DFS 543/545/546.
- Central Registry Background Check form SS-26 and email from Central
- Registry showing met background check requirements.
- Facility certificate or printout from WYCAPS verifying the home/facility is IV-E certified and the dates of certification.
- A copy of the EPICS Budget Print Report screen.
- Copies of the appropriate eligibility screens if the child's eligibility is determined based on verifications of factors used for other DFS assistance programs.
- Verification of school attendance of all school age children and at age 18 and expected to graduate by age 19.
- Verification of all eligibility factors. (See Chapter 3 C. Eligibility Factors)
- Verification from the sending state the ICPC child is IV-E eligible. This may be a written statement from a Wyoming caseworker or program consultant when there is no verification from the other state.
II. DOCUMENTATION
A written record of the eligibility determination process is required. It must include a description of the verification documents reviewed and their significance in the eligibility determination process.
- Enter the proof of the verification in the case record by recording the type of verification, identifying numbers and any clarification notes.
- Document the narrative as follows:
- The name of the person providing the information;
- The title of the person providing the information (when appropriate);
- The organization name;
- The date obtained;
- The type of document and date of the document;
- Identification number of the document (if any);
- Volume and page(s) reference of public records (when appropriate);
- The content of the information/document; and
- The initials of the individual who verified the information and the date verified.
- Wyoming Birth’s Citizenship website
- This Web site is to be used only for the purpose of verifying citizenship on applicants and recipients. The web site address is: https://birthcert.health.wyo.gov
- A list of User IDs and case sensitive passwords for each person authorized to use the Web site is sent to the EA Supervisor in each field office.
- Check the Web site prior to sending a request to vital records for a birth certificate or requesting documentation from an applicant or recipient.
- Enter the first name, last name and date of birth in the MMDDYYYY format and press SEARCH. Additional information is available on the HELP screen related to entering the name. If there is a match, a file number will be listed. Print the page with the Vital Records file number for the case file and enter ER on the HERC screen.
- Obtain a free copy of the Wyoming Certificate of Live Birth by:
- Requesting on official DFS-SO letterhead;
- Specifying one person per letter;
- Specifying the individual’s full name at birth, mother’s maiden name, father’s name, date and place of birth;
- Including a self-addressed, stamped envelope;
- Addressing to: Department of Health, Vital Records Hathaway Building, First Floor Cheyenne, WY 82002
- Include a copy of the court order showing DFS has custody of the child.
- Obtain information concerning immigration status through the SAVE process or by writing INS at: U.S. Citizenship and Immigration Services 4730 Paris Street, Albrook Center Denver, CO 80239-2804
III. EVIDENCE
- Require the caseworker to provide no less than one primary source or two secondary sources of documentation to verify each eligibility factor. (See Attachment 2). An eligibility determination cannot be made if verifications are not provided by the caseworker to the benefit specialist.
- Require the primary document/documentation when it is obtainable.
- Accept secondary documents/documentation only when the primary evidence is not available.
- Recognize one document may verify more than one eligibility factor for more than one applicant or recipient.
- Accept the client’s statement when there is no other evidence or contrary information regarding income and/or assets.
- Verification of the SSN is not required, only the number.
- Citizenship and Immigration status will only be verified for all children in placement and for an immigrant child(ren) to ascertain s/he is legally in the U.S.
- In addition to the other evidence listed at Attachment 2, the following may be required:
FACTOR | PRIMARY EVIDENCE | SECONDARY EVIDENCE |
IV-E eligible facility | Placement contract | None |
IV-E Voluntary foster care | Signed DFS Voluntary Placement Agreement (SS-11) | None |
IV-E Judicial determination | Court order signed by judge or court official | None |
IV-E Foster care statement | Signed statement from Caseworker indicating placement date and foster care facility | None |
IV-E Adoption agreement | Signed DFS adoption agreement Interlocutory decree | None |
WYOMING DEPARTMENT OF FAMILY SERVICES |
CHAPTER: 9 |
IV-E Foster Care Policy Manual | SUBJECT: Budgeting/LumpSums |
POLICY NUMBER: IV-E10-001 | EFFECTIVE DATE: 07/01/10 |
BUDGETING
Reference: IV-E - P.L. 104-193, as amended by P.L. 105-33
I. Countable Income
- Countable/available income is the income immediately available to the assistance unit in the eligibility month. At re-determinations, it is the immediate income of the child that is available to meet the needs of the child.
- Child support paid directly by the non-custodial parent or by the clerk of district court to the custodial parent is considered income available to the removal home household. The amount is to be applied to the month in which it is received.
- Income from an ineligible immigrant must be allocated to the remaining household members.
- Illegal income must be considered in a IV-E determination. If there is suspicion of income but no specific, reliable report of amount, then the income cannot be reasonably confirmed and so cannot be included in a determination. For example, if community rumor or police report indicate a parent is involved in selling drugs or prostitution and there is no specific documentation of the income received, income would be considered as zero.
II. Initial Eligibility of the Removal Home Family
Determine whether the family was eligible for the month the child was removed from the home or one or more of the 6 preceding months using the circumstances for the month and based on AFDC policy in effect on 7/1/96. (Refer to Chapter 4 for Removal Home)
- Require the 185% CAP test be met by the assistance unit using Table VI, AFDC Income Guidelines Table, and the DFS 605 form or EPICS screens AFGI and IVDE.
- Include the child’s needs as if the child were still in the home even though the child is currently removed from the home. (Except SSI)
- Use the anticipated gross countable income of the parent(s)/specified relative and of the eligible child(ren) prior to allowing any disregards, including nonexempt child/spousal support anticipated to be received by the applicant/recipient or anticipated to be collected by the state.
- Use the anticipated contribution of the stepparent and/or immigrant sponsor.
- Evaluate the anticipated total gross income against 185% CAP for the number of AFDC eligible individuals.
- Find the 185% CAP test met when the anticipated income is equal to or less than the 185% CAP and proceed with the Need Standard test.
- Find the case ineligible when the anticipated income exceeds the 185% CAP.
- Require the Need Standard test be met by the assistance unit using Table VI, AFDC Income Guidelines Table, and the DFS 605 form or EPICS screens INED and IVDE.
- Require the need standard test be met by the assistance unit prospectively.
- Use the anticipated gross earned income of the parent(s)/specified relative and the eligible child(ren).
- Allow the following disregards/allowances and in the following order when appropriate.
- (1) The student disregard;
- (2) The $90 earned income allowance;
- (3) The day care disregard for the eligible incapacitated adult. i.
- Up to $175 per month when the care is full-time.
- Up to $165 per month when the care is part-time.
- Add the anticipated unearned income including nonexempt child/spousal support anticipated to be received by the applicant/recipient or anticipated to be collected by the state.
- (1) Verify the child/spousal support anticipated to be received by the applicant/recipient by viewing the payment record for the previous three months; or
- (2) Find the monthly child/spousal support collected on the CSCR on EPICS for the previous three months for a recipient; and
- (3) Review the CSCR for the previous three months to determine if excess child/spousal support and/or arrearages has been paid to or collected for the recipient regularly.
NOTE:Exempt the first $50 of child support received per month. Only one $50 exemption is allowed regardless of the number of children for whom child support is received.)
- Add the anticipated contribution of the stepparent and/or the immigrant sponsor.
- Allow the disregards for the ineligible parent(s).
- Use the remaining amount against the Need Standard for the number of AFDC eligible individuals.
- (1) Find the case eligible when the anticipated income is less than the need standard.
- (2) Find the case ineligible when the anticipated income is equal to or exceeds the need standard.
- Find the income eligibility factor met when both the 185% CAP and Need Standard tests are met.
- If the net income is equal to or greater than the AFDC Need Standard, the household does not meet the income criteria for AFDC eligibility and the foster child is not IV-E eligible.
- Require the need standard test be met by the assistance unit prospectively.
- Disregards - Use best estimate to anticipate the household income for the month of removal or the removal home during the 6 month period. Use income of the removal home when the child was residing with the parent or a specified relative. For IV-E the specified relative is considered to have financial responsibility and therefore their income and assets must be considered.
- Disregards For Stepparents - Consider the income of the stepparent available in determining eligibility and computing the grant for stepchildren living in her/his home beginning with the month of marriage.
- Earned Income - Determine the anticipated gross earned income, including tips or anticipated net profit from self-employment, for the month.
- Earned Income Allowance - Disregard a flat amount of $90 for the earned income allowance.
- Unearned Income - Add the amount of anticipated unearned income available to the stepparent in the month.
- Dependent Need Allowance - Deduct the payment standard allowance for a household the size of the stepparent's.
- (1) Exclude the AFDC eligible person(s). (Spouse, her/his child from previous relationship)
- (2) Include only people living in the household who can be claimed by the stepparent as dependents for federal income tax purposes. (Stepparent, his/her children, child in common)
- Dependent Payments - Deduct amounts anticipated to be paid by the stepparent during the month to individuals not living in the household and who can be claimed by the stepparent as a dependent for federal income tax purposes.
- Child Support and Alimony - Deduct amounts anticipated to be paid by the stepparent during the month for alimony and/or child support to individuals not living in the household.
- Countable Income - Consider the remainder as the best estimate of available unearned income to the eligible person(s).
- Disregards For Ineligible Person(s) - Consider the anticipated income of an ineligible person in the grant computation.
- SSI Recipient - Exempt all income of the SSI person.
- Other Ineligible Persons - Use the disregards on the anticipated income of the ineligible person as specified.
- (1) Apply the disregards to a person who is not eligible for SSI and is ineligible for AFDC because the person is:
- (a) An illegal immigrant (parent or child) other than a disqualified immigrant; or
- (b) Lacking an SSN and SS-5; or
- (c) A parent in foster care; or
- (d) An absent parent who returns to the household following release from an institution, including prison, when the spouse and children remain eligible for up to three months of continued IV-E benefits.
- (2) Proceed as follows:
- (a) Determine the anticipated gross earned income including tips or anticipated net profit from self-employment; and
- (b) Deduct $90 for the earned income allowance on anticipated wages when reported within 10 days of the day the client knows of the change in circumstances; and
- (c) Add the anticipated unearned income of the ineligible person; and
- (d) Deduct the need standard allowance for the ineligible person(s) as follows:
- Determine the number of ineligible people in the household for whom the ineligible parent is financially responsible and who have no other income from another source to cover their needs; and
- Add the number of ineligible persons to the number of AFDC eligible applicants/recipients and find the need standard for that size household; and
- Subtract the need standard for the number of AFDC eligible persons; and
- Consider the remainder as the need allowance for the ineligible person(s).
- (e) Consider the balance as the best estimate of available income for the grant computation.
- (1) Apply the disregards to a person who is not eligible for SSI and is ineligible for AFDC because the person is:
- Disqualified Immigrant - If a disqualified alien situation or a sponsored immigrant situation becomes an issue in determining IV-E eligibility, please contact DFS-SO.
- Disregards for Parent(s) of Minor Parent - Use the disregards on the anticipated income of the parent(s) and/or the stepparent of the minor parent as specified.
- Apply the disregards when a minor parent or pregnant teenager under age 18 lives with her parent(s).
- Proceed as follows:
- (1) Determine anticipated gross earned income including tips or anticipated net profit from self-employment for the month; and
- (2) Disregard a flat amount of $90 for the earned income allowance on anticipated wages reported within 10 calendar days of the day the client knows of the change in circumstances for each parent or stepparent.
- (3) Add the anticipated amount of the unearned income available to the parent(s) and/or stepparent(s); and
- (4) Deduct the appropriate need standard for the following persons:
- (a) The parent(s) and/or stepparent living in the home; and
- (b) any other person(s) living in the home who is not par of the assistance unit and is a dependant of the parent(s) or stepparent.
- (5) Deduct amounts anticipated to be paid by the parent or stepparent during the month to individuals not living in the home but who could be claimed as a dependent for federal income tax purposes; and
- (6) Deduct amounts anticipated to be paid by the parent or stepparent for child/spousal support to individuals not living in the home; and
- (7) Consider the anticipated income available from the parent and or stepparent to determine the eligibility and need amount for the assistance unit (minor and her/his child); and
- (8) Find the assistance unit ineligible when the anticipated available income from the minor’s parent(s) and/or stepparent exceeds the needs of the unit; and
- (9) Deny or terminate assistance due to noncooperation when the parent(s) or stepparent refuses to pr0vide income verification and the minor parent lives with the parent(s) or stepparent.
- (10) Consider the eligibility for the minor parent who is not living with her/his parent(s) separately.
- Student Disregard - Disregard all of the earned income of an eligible recipient child who is:
- A full-time student, or
- part-time student and a part-time employee except:
- (1) At the initial application, and
- (2) When testing the 185% CAP prospectively.
- Earned Income Allowance - Disregard a flat amount of $90.
- Disregards For Stepparents - Consider the income of the stepparent available in determining eligibility and computing the grant for stepchildren living in her/his home beginning with the month of marriage.
III. Ongoing Months of Eligibility for Child
- Determine whether the child meets the eligibility factors for the initial and ongoing months by:
- Requiring the deprivation factor be met, and
- Requiring the child's assets to be within the $10,000 limit, and
- Requiring the school aged child to be attending school and a child age 18 to be a full-time student and expected to graduate before reaching age 19, and
- Requiring the child's available income plus countable child support to be within the foster care need standard.
- Determine the foster care need standard by using the Foster Care rate as stated on the Placement Contract or Form DFS 602.
- 1) Convert the daily rate to a monthly rate using the chart below:
- 2) Multiply the monthly foster care rate by 185% to determine the CAP.
- Determine the foster care need standard by using the Foster Care rate as stated on the Placement Contract or Form DFS 602.
Foster Family Home (FFH) Rate Child age Birth – 5 years Child age 6 – 12 Years Child age 13 – 18 years |
$645/mo x 185% = $1193.25 CAP $664/mo x 185% = $1228.40 CAP $732/mo x 185% = $1354.20 CAP |
FFH Special needs Rate | Monthly rate x 185% = CAP |
In-State Facility Rate | Daily rate x number of days in month x 185% = CAP |
Out-of-State Facility Rate | Daily rate x number of days in month x 185% = CAP |
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-
- Income considerations
- Deduct the child's unearned income, including child support, from the monthly rate when the income is higher than the monthly foster care rate as the unearned income is to be used first to reimburse the foster care maintenance costs.
- Compare the remaining available unearned income to the appropriate foster need standard.
- Exempt the earned income, as the child is allowed to retain earned income, if the income meets the 185% CAP test and the foster child is:
- (1) A full-time student, or
- (2) A part-time student and a part-time employee.
- Compare the child's nonexempt earned income to the appropriate foster care need standard allowing the earned income disregard ($90), as appropriate, when c. is not met.
- Deny initial IV-E eligibility when reimbursement is not met because the available income of the child exceeds the 185% CAP or foster care Need Standard.
- Change the IV-E eligibility coding when reimbursement is not met for ongoing cases because the available income of the child exceeds the 185% CAP or foster care Need Standard.
- Income considerations
-
IV. Lump Sums
Reference: IV-E - P.L. 104-193, as amended by P.L. 105-33
Allow a lump sum received by the IV-E foster child to affect her/his eligibility. When a child receives non-recurring earned or unearned lump-sum income that exceeds the child’s foster care need,
- the total months of non-reimbursability are derived by dividing the sum of the child’s foster care maintenance need by the amount of the lump sum payment, and
- the child will not be reimbursable in the month the income was received, and for the full number of months s/he was calculated to be ineligible.
- A lump sum received by the family in the removal month is considered an asset and not income.
- Any time after the removal month, if the foster child receives a lump sum, follow the following policy.
- What is Considered a Lump Sum Payment - Consider nonrecurring earned or unearned income of applicants or recipients to be a lump sum payment if:
- It is a one time only payment.
- The payment is for retroactive monthly benefits.
- It is a windfall (i.e. inheritances or lottery winnings).
- It is a personal injury or worker compensation award.
- It is an insurance settlement for damaged property and all or part of it was not used for replacement or repair within 90 days after receipt or until the client makes a decision not to repair or replace the property, whichever happens first. When the insurance settlement is not used for replacement or repair, it is considered a lump sum payment.
- Recovery
- Recover the overpayment(s) when a lump sum is discovered too late to be used prospectively.
- Issue an underpayment when the lump sum is anticipated for the payment month but not received.
- Period of Ineligibility - Acknowledge the period of ineligibility begins in the month in which the lump sum is received.
- Procedure for Combined Income Over the Standard of Need - Use the following procedure for computing the period of ineligibility when the actual combined income of the assistance unit, after applying applicable disregards, exceeds the standard of need.
- Find the case ineligible for the number of full months resulting from dividing the actual total gross income, including any child support retained by the client, by the standard of need applicable to the AFDC household size.
- Add any remaining amount from the lump sum calculation to the anticipated income to be received in the first month following the period of ineligibility if the assistance unit reapplies in that month.
- Allow the earned income disregards, as appropriate, when the lump sum was earned income.
- Procedure for Combined Income Under the Standard of Need - Use the lump sum to compute the IV-E eligibility when the anticipated or actual gross income is within the standard of need; allow the earned income disregards as appropriate.
- $90 earned income allowance;
- The day care disregard will only be allowed if the recipient has outstanding day care expenses relating to employment and care was paid for an eligible incapacitated adult. The day care disregard may not exceed $175 for full-time or $165 for part-time employment.
- Shortened Period of Ineligibility - Allow the period of ineligibility to be shortened in the specified situations and under the specified conditions.
- The standard of need increases due to:
- A change from supplied shelter to shelter included for the household; or
- A child is born to the assistance unit; or
- A child moves into the home and is eligible to be added to the grant.
- The assistance unit incurs and pays medical expenses NOT covered by private health insurance such as:
- Any expense not covered by the Medicaid Program; or b.Any chiropractic service or pain clinic service; or
- Any dental or eye care; or
- Any necessary durable medical equipment; or
- Any services by a licensed psychologist or psychiatrist.
- The lump sum becomes unavailable to the assistance unit because of a disaster which was beyond the family's control.
- The reasons considered beyond the control of the family are the occurrence of an earthquake, fire, flood, tornado, robbery, or furnace breakdown and/or broken water pipes in the home when owned by a person in the assistance unit; and
- Require, second, all of these conditions be met:
- (1) The lump sum was spent for food, clothing and/or shelter until the situation occurred; and
- (2) The lump sum has been or is legally obligated to be spent for expenses related to the situation; and
- (3) The assistance unit has no other income or resources to meet the expenses of the situation.
- The standard of need increases due to:
- Recalculation of Shortened Period of Ineligibility - Recalculate the shortened period of ineligibility when:
- The standard of need increases because of items a, b, or c under G.1 above:
- Determine the amount of the lump sum that remains:
- (1) Multiply the old standard of need by the number of months the case has already been ineligible based on the household size in effect; and
- (2) Subtract that amount from the original actual total gross income to arrive at the amount of lump sum available to the new household size; and
- Divide the remaining lump sum by the new standard of need to arrive at the remaining number of months of ineligibility and the remaining amount to be used as income in the month following the period of ineligibility; or
- Determine the amount of the lump sum that remains:
- The assistance unit incurs medical expenses or the money is unavailable due to a disaster:
- Multiply the standard of need by the number of months the assistance unit has already been ineligible; and
- Add the amount paid for medical expenses or unavailable due to a disaster; and
- Subtract the amount resulting from item b. from the original total gross income to arrive at the amount of lump sum left over; and
- Find the case eligible no sooner than the month following the period of ineligibility but not prior to the date of application and count the remaining income in the month following the period of ineligibility when the family reapplies for that month.
- Realize ineligibility does not follow the individual who was added to the assistance unit and who subsequently leaves the unit.
- The standard of need increases because of items a, b, or c under G.1 above:
- Ineligible In Another State - Acknowledge the period of ineligibility resulting from a lump sum while on IV- E in another state has no bearing on eligibility in Wyoming.
Example: Child, aged 5, receives a SSA lump sum payment of $2,000.00. On August 2, 2007, the child receives an unearned lump-sum of $2,000 as a retroactive lump sum payment from SSA. This unearned lump-sum of $2,000 is divided by $645 (based on age) which is the monthly cost of the child’s foster care maintenance payment: $2,000 divided by $645 equals 3 months. The total months of non-reimbursability would be 3 months beginning with the month of August 2007.
WYOMING DEPARTMENT OF FAMILY SERVICES |
CHAPTER: 10 |
IV-E Foster Care Policy Manual | SUBJECT: Reimbursement Need Standard |
POLICYNUMBER: IV-E10-001 | EFFECTIVE DATE: 07/01/10 |
I. REIMBURSEMENT OF IV-E FOSTER CARE
Reference: IV-E - P.L. 104-193, as amended by P.L. 105-33; 45 CFR 1356.21
Reimbursement for IV-E is determined based on entries in WYCAPS by the caseworker regarding facilities, placement types, certification dates, provider maintenance screens and approval by the benefit specialist that the child is eligible for IV-E and either reimbursable or not reimbursable.A qualified child enables the state to collect Title IV-E funds in two ways: first based on eligibility criteria and second based on reimbursable criteria.
- IV-E Eligibility: The determination for Title IV-E eligibility is based on 1996AFDC policy and qualifies the state to obtain IV-E federal funding for administrative and training costs associated with the child.
- IV-E reimbursement is based on the child being placed in a IV-E certified home/facility, and meeting on-going income, assets and deprivation eligibility factors, timely permanency hearings and required reasonable efforts language regarding permanency.
- Eligibility is determined on a one-time basis as the child enters foster care using the criteria in Chapter 3, Eligibility Factors and proper court language explained in Chapter 7, Court Orders. A child who is initially determined IV-E eligible AND who meets IV-E placement requirements is IV-E reimbursable. A child must be IV-E eligible in order to be IV-E reimbursable. Foster care maintenance costs for a child who is IV-E reimbursable are covered through Federal IV-E funds.
- Reimbursement is determined on a monthly basis:
- Understand, once IV-E eligibility is initially established, a child may lose and regain reimbursement on a frequent basis depending on changes in the child’s circumstances, or of the placement, or a change in court order language regarding reasonable efforts to achieve permanency.
- An assessment is required to determine whether the child is eligible for federal reimbursement in any particular month. The loss of reimbursement in any one month does not permanently deprive the child of future reimbursement except when a child reaches the age limit for the program or is returned to the home of the parent(s).
- Determine initially and for every month a child is in foster care whether the child's care is reimbursable by the federal government.
- Require all criteria in Chapter 3, Eligibility Factors to be met to be eligible for reimbursement.
- Require a judicial determination(s) be completed timely and (see Chapter 7 on Court Orders) containing the required language and giving DFS legal responsibility for the custody and placement of the child. Change the IV-E eligibility to non-reimbursable when any hearing deadlines are not met or the required language (contrary to the welfare and best interests) is not in the applicable court order. The case may be reinstated to IV-E reimbursable once the permanency hearing is held and the court order has the required permanency language.
- Twelve month periodic reviews are not required. However, it is a good practice to complete the DFS 602, Foster Care Periodic Review form whenever a change occurs or annually to assure program compliance.
- If used, review the DFS 602 form to determine if reimbursement is appropriate and authorize the case or change the medical subtype to the appropriate category.
- Voluntary Placement. IV-E payment is available only for voluntary foster care maintenance expenditures made within the first 180 days of the child’s foster care unless there has been a judicial determination by a court of competent jurisdiction, within the first 180 days of such placement, to the effect that the continued placement is in the best interest of the child to remain in placement or that it is contrary to the welfare of the child to return home. Without the required court order by the 181st day, the child cannot be IV-E eligible for the remainder of the placement episode. (45 CFR 1356.22)
Examples of IV-E eligibility continuing but reimbursement lost: Caseworkers will report any known changes that may affect eligibility and/or reimbursement immediately to the benefit specialist.- A child could be sent directly from a foster home to a state institution and subsequently returned to a foster home. The child would be ineligible for reimbursement during the time s/he was in the state institution. When the placement changes to one which is IV-E certified, s/he would be eligible for reimbursement.
- The child could become ineligible for reimbursement due to the child’s income for a couple of months and then become eligible again when the child’s income decreases.
- The child's parents, who were separated, decided to try living together and then separated again. (The child was never returned to the home during this period.) During the time the parents are together there is no deprivation. When the parents have again separated, reimbursement is possible if all other eligibility factors are also met.
- A child is placed in a non-certified home, but then the home gets certified. During the time a child is in a non-certified placement there is no IV-E reimbursement. Once the child is placed in an approved IV-E facility, or the uncertified placement becomes certified, reimbursement may begin.
- When a permanency hearing is missed IV-E reimbursement is lost. However, once the hearing is held, reimbursement may begin if the required “reasonable efforts to achieve permanency” language is included.
Example of IV-E eligibility being lost: The child was placed in foster care under a voluntary placement agreement and was IV-E eligible. After 60 days, the child was placed without a court order in an institution and remained there for six months before being placed in family foster care again. This child would not be IV-E eligible because more than 180 days passed before the court order was initiated to give DFS care and supervision.
- Reimbursement Summary:
- To be eligible for initial IV-E reimbursement of maintenance payments the following must occur:
- The household income must be within the guidelines (185% CAP and Need Standard), and
- The household assets must be within $10,000, and c. The child must meet the deprivation criteria, and
- The child must be placed in a IV-E certified home or facility under the custody of DFS, and
- Court order must have the appropriate language, and
- Voluntary placement, if applicable, must not exceed 180 days.
- To be eligible for ongoing IV-E reimbursement of maintenance payments the following must occur:
- The child’s income must be within the guidelines (185% CAP and foster care Need Standard), and
- The child’s assets must be within $10,000, and c. The child must meet the deprivation criteria, and
- The child must be placed in a IV-E certified home or facility under the custody of DFS, and
- The permanency hearing must be completed timely, and
- Court order must have the appropriate language, and
- Voluntary placement, if applicable, must not exceed 180 days.
- To be eligible for initial IV-E reimbursement of maintenance payments the following must occur:
- Maintenance Payments - Refer to the Family Services policy manual section Financing Out –of-Home Care for a description and limitations of items covered by the maintenance payment.
II. NEED STANDARD FOR IV-E FOSTER CARE
References: IV-E - P.L. 104-193, as amended by P.L. 105-33
Use the appropriate Need Standard and AFDC policy in effect on 7/1/96.
- AFDC Need Standard - Household: Use the AFDC 185% CAP and Need Standard in effect 7/1/96, based on the circumstances of the household from which the child was removed, to determine initial eligibility for IV-E and reimbursement. (Refer to Table VI and the DFS 605, Foster Care Budget Worksheet) Use information for the entire household where the child was judicially or voluntarily removed.
- Foster Care Need Standard - Child: Use the following chart when determining the child's initial and ongoing monthly income.
- Use the foster care rate stated on the placement contract or DFS 602, Foster Care Periodic Review form to determine the foster care need standard.
- Convert the daily foster care rate to a monthly amount using the chart below:
- Multiply the monthly foster care rate by 185% to determine the Foster Care Need Standard CAP.
Foster Family Home (FFH) Rate Child age Birth – 5 Years Child age6 – 12 years Child Age 13 – 18 years |
$645/mo x 185% = $1193.25 CAP $664/mo x 185% = $1228.40 CAP $732/mo x 185% = $1354.20 CAP |
FFH Special Needs Rate | Daily rate x number of days in month x 185% = CAP |
In-State Facility Rate | Daily rate x number of days in month x 185% = CAP |
Out-of-State Facility Rate | Daily rate x number of days in month x 185% = CAP |
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: 11 |
IV-E Foster Care Policy Manual | SUBJECT: Date of Entitlement |
POLICY NUMBER: IV-E10-001 | EFFECTIVE DATE: 07/01/11 |
DATE OF ENTITLEMENT/ PROSPECTIVLEY INELIGIBLE References: IV-E P.L. 104, 193, as amended by P.L. 105-33
DATE OF ENTITLEMENT
- Understand IV-E payments may begin from the first day of placement in the month in which all eligibility factors are met, regardless of whether a POWER/POWER-SASFA/Tribal TANF payment has been made for the child in the same month.
NOTE: If a POWER/POWER-SASFA/Tribal TANF payment and a IV-E payment are made in the same month for a child placed into foster care, the POWER/POWER-SASFA/Tribal TANF payment is considered an overpayment and must be recovered.
NOTE: Check with the State office IV-E Consultant concerning IV-E eligibility status of tribal custody cases. Any case where there is actually a tribal TANF payment would be a tribal custody case, and there is no IV-E for the tribes. - A child who is IV-E eligible during any part of a month is eligible for the entire month. Exception: The initial month of eligibility begins on the date of removal when all eligibility factors are met.
- Find the child eligible for IV-E foster care maintenance no sooner than the month in which the child was physically removed from the home, or the date of the court hearing, or the date the Voluntary Placement Agreement was signed; whichever, is the later date.
- Title IV-E is initially determined each time a child enters State custody by court order, voluntary placement agreement, or up-front voluntary relinquishment. If custody of a child is transferred from one State agency to another, a new initial eligibility determination is not required. For eligibility purposes, this is a continuation of the custody episode.
- If a child re-enters foster care from a trial home placement lasting longer than six months (180 days), eligibility must be determined again as if it were a new custody episode, except if the court ordered the trial home placement to exceed six months duration.
- If a child is initially IV-E eligible, the child may lose and regain IV-E reimbursability during the custody episode, depending upon changes in deprivation in the removal home, the child’s income and assets, qualification and certification of the placement, and court order requirements.
- The loss of IV-E reimbursement, for a child who was initially determined IV-E eligible during the current placement episode, does not permanently deprive the child of future IV-E reimbursement during the same placement episode.
- However, if an initial eligibility determination results in a child not being IV-E eligible, the child cannot become IV-E eligible at any time within the same placement episode.
PROSPECTIVLEY INELIGIBLE
Date of Entitlement errors are addressed in Chapter 19 under Correcting Errors.
WYOMING DEPARTMENT OF FAMILY SERVICES |
CHAPTER: 12 |
IV-E Foster Care Policy Manual | SUBJECT: Case Plan/Family Service Plan |
POLICY NUMBER: IV-E–08-001 | EFFECTIVE DATE: 02/01/2008 |
CASE PLANS (aka Family Service Plan)
Reference: 45 CFR 1356.21 (g)
Caseworker Responsibilities
- A case plan is not an eligibility requirement for IV-E; however, it is a procedural requirement. Therefore, a case plan for each child must:
- Be developed jointly with the parent(s) or guardian(s) of a child in foster care. If the parent(s) does not participate in the development of the case plan, documentation shall be provided as to the reason for the non- participation.
- Be completed within sixty (60) days of out-of-home placement or thirty (30) days of the conclusion of the investigation or assessment, whichever occurs first, on all cases remaining open for services.
- Describe the services offered and provided to prevent removal of the child from his/her home. Such description should include whether or not services to the family have been accessible, available and appropriate. The paramount concern of the provision of these services shall be the child's health and safety.
- Discuss how the case plan is designed to achieve a safe placement for the child in the least restrictive (most family-like) setting available and in close proximity to the home of the parent(s) when the permanency goal is family reunification.
- Describe the type of home or institution in which the child is placed and discuss how the placement is consistent with the best interests and special needs of the child (i.e., educational, medical and mental health needs).
- Describe the services offered to safely reunify the child with the family. Such description should include whether or not services to the family have been accessible, available and appropriate. The description should include assurances that services are provided to the parent(s) in order to improve the conditions in the Parent’s home to facilitate the child’s return to his/her own safe home or the permanent placement of the child.
- Document the child specific efforts to facilitate a permanency plan when the case plan goal is family reunification, permanent placement with a fit and willing relative, adoption or guardianship.
- Assure services are provided to the child and foster parents in order to address the needs of the child while in foster care.
- Include a discussion of the appropriateness of the services that have been provided to the child under the plan.
- Include a written description where appropriate for a child 16 or older, of the programs and services which will helps the child prepare for the transition from foster care to independent living.
- Documents the steps to finalize placement when the case plan goal is or becomes adoption or placement in another permanent home. When the case plan is adoption, at a minimum such documentation shall include child-specific recruitment efforts such as the use of State, regional, and national adoption exchanges including electronic exchange systems to facilitate orderly and timely in-State and interstate placements.
- Include a discussion of how the case plan is designed to achieve a safe placement for the child in the least restrictive, most family-like, setting available and in close proximity to the home of the parent(s) when the case plan goal is reunification and a discussion of how the placement is consistent with the best interests and special needs of the child.
- If the child has been placed in a foster family home or child-care institution a substantial distance form the home of the parent(s), or in a different State, sets forth the reasons why such a placement is in the best interest of the child.
- If the child has been placed in foster care in a State outside the State in which the child’s parents are located, assures that an agency caseworker on the staff of the State agency of the State in which the home of the parent(s) of the child is located, of the State in which the child has been place, or of a private agency under contract with either such State, visits the child in such foster home or institution no less frequently than every six (6) months and submits a report on the visit to the State agency of the State where the home of the child’s parent(s) is located.
- Incorporates the health and education records of the child including the most recent information available.
- Use a concurrent plan to ensure the success of permanency for the child when a family is assessed at serious risk for reunification.
- Reasonable efforts to finalize an alternate permanency plan may be made concurrently with reasonable efforts to reunify the child and family.
- Reasonable efforts to place a child for adoption or with a legal guardian, including identifying appropriate in-State and out-of-state placements, may be made concurrently with reasonable efforts to reunify the child and family.
- Case Review
- Make a review of each child’s status no less frequently than once every six months by either a court or an Administrative Review. The purpose of the review is to:
- Determine the safety of the child, the continuing need for and appropriateness of the placement;
- Determine the extent of compliance with the case plan;
- Determine the extent of progress made toward alleviating or mitigating the causes necessitating the placement; and
- Project a likely date by which the child may be retuned and safely maintained at home or placed for adoption or legal guardianship.
- If an Administrative Review is conducted, the following requirements will be met:
- The review will be open to the participation of the parents of the child, and
- The review will be conducted by a panel of appropriate persons, at least one of whom is responsible for the case management of, or delivery of services to either the child or the parents who are the subject of the review.
- Make a review of each child’s status no less frequently than once every six months by either a court or an Administrative Review. The purpose of the review is to:
- Court Review
The judge will use the case plan at the permanency hearing in making a decision as to whether or not reasonable efforts have been made. It is the judge who will make the determination to see what efforts have been made to finalize the permanency plan/goal which should be identified in the case plan.
WYOMING DEPARTMENT OF FAMILY SERVICES |
CHAPTER: 13 |
IV-E Foster Care Policy Manual | SUBJECT: Case Management |
POLICY NUMBER: IV-E11-001 | EFFECTIVE DATE: 07/01/11 |
Case Management
References: IV-E - P.L. 104-193, as amended by P.L. 105-33; 45 CFR 1356.21; 475(5)(C) of Title IV-E of the Social Security Act
Caseworker Responsibilities
Require the Caseworker to be responsible for:
- The foster care maintenance payment process for eligible children by entering all applicable data on WYCAPS.
- Redirecting all available unearned income so it is used for reimbursement of the maintenance costs, including countable child support collected on behalf of the child.
- Reporting ALL changes in any eligibility factor, placement or cost of placement immediately to the Benefit Specialist.
- Submitting the permanency plans and scheduling the permanency hearing(s) as required and providing verification of the dates of the hearing(s)/actions to the Benefit Specialist.
- A permanency hearing shall be held within twelve (12) months from the date the child entered foster care, and not less than once every twelve (12) months thereafter. If the permanency hearing is not held timely, then the placement will be considered not reimbursable. If the permanency hearing is made in any part of a month after the 12-month period, reimbursability will resume on the first day of the month in which the finding is made.
- A permanency planning hearing must identify the permanency plan. Federally acceptable permanency plans are identified as:
- Reunification
- Adoption
- Legal guardianship, and
- Placement with fit and willing relative
- Other permanency arrangement. If other is selected, there must be compelling reasons and documentation that all other resources and options were exhausted before using this reason.
- At each of these 12-month review hearings the court shall review the case plan to determine:
- The appropriateness of the case plan and the extent of compliance with the case plan including the permanent placement of the child;
- If progress has been made toward alleviating or mitigating the causes necessitating placement outside the home and the extent of that progress; and
- The date the child is expected to be returned to the home, or placed for adoption, or legal guardianship.
- Preventive and Reunification Services
- Reasonable efforts. The State makes reasonable efforts to maintain the family unit and prevent the unnecessary removal of a child from his/her home, as long as the child’s safety is assured; to the effect the safe reunification of the child and family and to make and finalize alternate permanency plans is in a timely manner when reunification is not appropriate or possible. In determining reasonable efforts to be made with respect to a child and in making such reasonable efforts, the child’s health and safety is the State’s paramount concern.
- If continuation of reasonable efforts is determined to be inconsistent with the permanency plan for the child, reasonable efforts are made to place the child in a timely manner in accordance with the permanency plan including, if appropriate, through an interstate placement, and to complete whatever steps are necessary to finalize the permanent placement of the child.
- Monitoring the IV-E ICPC placement and providing supervisory reports. (The sending state remains obligated for the legal and financial responsibility of the child.)
Procedural Requirement - Participate in the monthly coordination meetings with the IV-E Specialist.
- Complete the case plan within sixty (60) days of out of home placement or thirty (30) days of the conclusion of the investigation or assessment, whichever occurs first, on all cases remaining open for services.
- Review the child’s health and education records and update as needed. Provide copies to the foster care provider with whom the child is placed. Provide the records to the child at no cost at the time the child leaves foster care if the child is leaving because of attained the age of majority.
Benefit Specialist Responsibilities
Require the Benefit Specialist to be responsible for: - Determining IV-E eligibility and whether or not the IV-E eligible child is reimbursable or non-reimbursable. All applicable data will be entered on the computer system.
- Conducting a redetermination of eligibility for the benefit month when a change is reported.
- Assuring the correct foster care Medicaid subtype code is used if there is a change.
- Changing the case record to another Foster Care Medical group when the child becomes ineligible for Title IV-E. Refer to Equality Care Policy section M1201D.
- Participate in the monthly coordination meetings with the caseworker.
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: 14 |
IV-E Foster Care Policy Manual | SUBJECT: Notification |
POLICY NUMBER: IV-E11-001 | EFFECTIVE DATE: 07/01/11 |
NOTIFICATION
Reference: IV-E P.L. 104-193, as amended by P.L. 105-33; Social Security Act section 475 (5) (g); 45 CFR 1356.21 (o)
I. Benefit Specialist Responsibility
- Notify the caseworker in writing on all pending applications, application approvals, denials, and terminations, including the following:
- Action required;
- Reason for action, and
- Applicable legal citations.
- Send notification immediately after a decision is made to avoid overpayments from federal funding.
- Send the notice to the home the child is returning to explaining that although the child has been released from DFS custody foster Medicaid coverage will continue through the ending of the 12-Month eligibility period (give the ending date). Refer to the Equalitycare Policy Manual for proper coding.
Example: The child’s 12-month review period is due March 2011. The child’s IV-E eligibility ends August 2010 when the child returns home. Medicaid will continue until March 2011. Refer to the Equalitycare Policy Manual for proper coding. - A child who ages out of IV-E foster care needs a notice that Medicaid may continue until the child turns age 21. They must remain Wyoming residents and complete a review every 12 months to verify residency.
- For IV-E children the child must be in DFS custody and graduate by 19. At age 19 the code must change to RC or if in an Institution code FT. Once released from DFS custody follow number 3.
- For children who were not IV-E and remain in DFS custody will be determined as State Foster Care (code RC). These children must have countable income less than or equal to $765 per month.
- For children who are in DFS custody at the time of their 18th birthday and are released from custody at that time or later are eligible under Aging Out (code FE).
- Send a termination notice to the child’s home when Medicaid ends.
II. Caseworker Responsibility
- Notify the Benefit Specialist immediately of any changes.
- Notify the Benefit Specialist when a child is removed from their home or foster care placement changes. The IV-E Specialist will notify CSE of the address change.
- Notify foster parents and related caregivers giving them timely notice and the right to provide input at hearings and reviews. Notice of and a right to be heard does not require the State to make the caregiver a party to the proceeding.
WYOMING DEPARTMENT OF FAMILY SERVICES |
CHAPTER: 15 |
IV-E Foster Care Policy Manual | SUBJECT: Review of Eligibility |
POLICY NUMBER: IV-E–11-001 | EFFECTIVE DATE: 07/01/11 |
REVIEW OF ELIGIBILITY
Reference: IV-E P.L. 104-193, as amended by P.L. 105-33
I. Benefit Specialist Responsibility
- Review eligibility for IV-E reimbursement whenever a change is reported or suspected. A child must continue to be IV-E eligible in order to be IV-E reimbursable.
- Once eligibility is established we no longer look at the removal home’s income or assets. We continue to look at the removal home for deprivation and then only look at the child’s income and assets. At this point the child becomes reimbursable or not reimbursable as his IV-E eligibility has been established. Review the following areas whenever a change is reported or suspected.
- Income of the foster child; The earned and unearned income, including lump sum payments of the child cannot exceed the monthly maintenance cost of the foster care placement.
- Age; If the child is age 18, assure the child is a full-time student and will graduate before reaching age 19.
- Assets of the foster child; The child’s countable assets cannot exceed $10,000.
- Deprivation; The deprivation factor must continue using home of removal circumstances.
- The permanency hearing(s) were held as required and court orders include the required “reasonable efforts” language regarding permanency. 12 months from the date of the child’s entry into foster care, and not less than once every 12 months thereafter. The 12 months begins from the date the hearing is held.
- Assure the child still resides in a IV-E certified placement. Place a copy of the licensing certificate, fingerprint results and central registry check in the compliance file.
- Assure the child is still in DFS custody. If the court terminates the State’s custody of the child, a new eligibility determination must be made upon re-entry into foster care as a new custody episode.
- Assure children of school age are attending school.
- Medicaid
- Change the medical subtype to CF for the remaining 12 months if a IV- E foster child leaves DFS custody within 12 months from the date of eligibility or within 12 months from the last Medicaid periodic review. Review your PAAL alerts to determine the date the continuous Medicaid benefits would end. At that time contact the family to apply for non-foster care Medicaid.
- A IV-E Foster Child who remains IV-E eligible, but is not reimbursable is eligible to continue Medicaid in one of the non-IV-E Medicaid categories. Determine the appropriate category according to the hierarchy shown on Table 1.
II. Caseworker Responsibilities
- Notify the Benefit Specialist when any change occurs to verify:
- Income of the foster child;
- Full-time school attendance, and when age 18 expected to graduate before reaching age 19;
- Assets of the IV-E foster child;
- Deprivation continues;
- Verifying the permanency hearing(s) were held as required. (12 months from the date of the child’s entry into foster care, and not less than once every 12 months thereafter.).
- Attest to the following for children in DFS custody:
- The child continues to remain in foster care;
- Any changes in the foster care placement, including placing the child back in the home of origin;
- The foster care rate;
- The foster care facility is currently IV-E certified;
- The child is placed under a current court order; or
- The child has not been in placement under a Voluntary Placement Agreement for more than 180 days and no judicial determination by a court has been made stating the continued voluntary placement is in the best interests of the child;
- Application has been made, or the foster child is not eligible, for other income such as, but not limited to, Social Security, Veterans Benefits, etc., and the income is being submitted to DFS.
- Advise the proper person(s) of the changes necessary when notified by the Benefit Specialist the foster child is no longer eligible for federal reimbursement.
- Submit a copy of all court orders affecting IV-E eligibility and reimbursements to the Benefit Specialist.
III. District Manager or Designee Responsibilities
Each office shall review case files to ensure:
- The Benefit Specialist has established IV-E eligibility; B. The child was placed in a IV-E certified facility; and
- "Contrary to the welfare of the child" or "best interest of the child" language is in the initial signed removal order. If this language is absent, the case is not eligible for IV-E.
- "Reasonable efforts" language to prevent removal of the child with the family is in a signed court order within sixty (60) days from the date a child is removed from the home.
- There is a voluntary agreement (SS 11) signed and dated, when applicable.
- Permanency hearings are held timely and have the correct language including reasonable efforts to achieve permanency.
- The child’s social security number matches on both the eligibility and casework computer systems.
ALERT: A supervisor should monitor the caseload of a benefit specialist or caseworker who leaves the agency until that worker is replaced to ensure IV- E eligibility and compliance with ASFA requirements are met.
IV. CASE TRANSFER
Require the Caseworker and the Benefit Specialist to be responsible for:
- Notifying the receiving DFS-FO of the intent to transfer both the social services and economic assistance case files.
- Requiring the receiving DFS-FO to review the case for continuing IV-E reimbursement eligibility; and
- Assuring the correct medical coverage group is entered on the eligibility computer system.
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: 16 |
IV-E Foster Care Policy Manual | SUBJECT: 15 of 22 Rule |
POLICY NUMBER: IV-E–11-001 | EFFECTIVE DATE: 07/01/11 |
15 OF 22 RULE
Reference: 45 CFR 1356.21 (i); Social Security Act section 475 (5)(E)
Procedural Requirement – Caseworker Responsibility
- The 15 of 22 rule for children in foster care fifteen (15) of the most recent twenty-two (22) months is not an eligibility requirement for IV-E eligibility but a procedural requirement for IV-E.
- When a child has been placed in foster care under the responsibility of DFS for fifteen (15) of the most recent twenty-two (22) months, DFS shall file a petition to terminate parental rights or seek to be joined as a party to the petition if a petition has been filed by another party. The petition must be filed by the end of the child’s 15th month in foster care. In calculating when to file a petition for termination of parental rights:
- calculate the 15 out of 22 month period from the date the child entered foster care;
- use a cumulative method of calculation when a child experiences multiple exits from and entries into foster care during the 22 month period;
- time in detention facilities, trial home visits, or runaway episodes will not count in calculating 15 months or foster care.
- file the petition to terminate parental rights for an abandoned infant within 60 days of the judicial determination that the child is an abandoned infant; or,
- who has been convicted of one of the felonies as listed in chapter 7 I. B.5. Under such circumstances, the petition to terminate parental rights is to be made within 60 days of a judicial determination that reasonable efforts to reunify the child and parent are not required.
- When a child has been placed in foster care under the responsibility of DFS for fifteen (15) of the most recent twenty-two (22) months, DFS shall file a petition to terminate parental rights or seek to be joined as a party to the petition if a petition has been filed by another party, unless:
- The child is in the care of a relative;
- DFS has documented in the case plan a compelling reason for determining that filing the petition is not in the best interest of the child; or
- DFS has not provided services to the child's family deemed to be necessary for the safe return of the child to the home.
- The State does not need to begin calculating another 15 out of 22 months in foster care for the child, if, when a child reaches 15 months in foster care, the State does not file a petition for termination of parental rights (TPR) because one of the exceptions applies, or the State does file such a petition but the court does not sustain that petition. However, this does not preclude the State from filing, or the court from ordering, a petition for TPR upon later review if the permanency plan has not been achieved.
- Use a cumulative method of calculating 15 months in foster care when implementing the termination of parental rights (TPR) provision for children with multiple foster care placement episodes within the 22 month period.
Example: A child enters foster care on January 15, 2010 and is discharged from foster care three months later on April 15, 2010. He remains home for six months and then enters foster care again on October 15, 2010. The State must apply the TPR requirement at section 475(5)(E) of the Social Security Act with respect to this child based on the date he entered foster care for the first foster care episode, or January 15, 2010. If this child remains in foster care for another 12 months, the State will be obliged to comply with section 574(5)(E) on October 15, 2011, because this child will have been in foster care for a cumulative total of 15 out of the previous 22 months. However, the time line for conducting case reviews, permanency hearings, and providing time-limited reunification services for the subsequent foster care episode must be based on the date the child entered foster care for that episode, October 15, 2010.
If the child in the above scenario does not return to foster care until January 15, 2012, the state must begin calculating a new 15 out of 22 month period for applying section 575(5)(E) and the other case review requirements as of January 15, 2012, because this most recent date of entry into foster care is more than 22 months after the date the child entered foster care during the prior episode.
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: 17 |
IV-E Foster Care Policy Manual | SUBJECT: Interstate Compact |
POLICY NUMBER: IV-E–11-001 | EFFECTIVE DATE: 07/01/11 |
INTERSTATE COMPACT
Reference: W.S. 14-5-101 through 14-5-108
- The Interstate Compact on the Placement of Children (ICPC) is a means for providing protection of and service to non-delinquent IV-E eligible foster children placed across state lines. The Compact has been adopted by every state to establish orderly procedures for placement of minors and to fix responsibility for those involved in that placement. ICPC is an agreement among all the states which provides a process to move children across state lines for the purposes of foster care and/or adoption while protecting their safety. It is also used to place children into Residential Treatment Centers.
- All IV-E eligible foster placements crossing state lines must be routed through the ICPC Consultant at the State Office. ICPC approval/disapproval can only be made at the State Office. The ICPC Consultant must be informed in writing throughout the entire ICPC process. The Benefit Specialist will notify the caseworker when the ICPC child is not eligible for IV-E because s/he is placed with her/his parent(s) in the State of Wyoming.
- Types of Placements
- The types of placements covered under the Compact are:
- Foster family homes;
- Residential treatment facilities;
- Placements preliminary to a possible adoption;
- Boarding homes;
- Child caring agencies and institutions; and
- Other placements that are for the safety and protection of the child.
- Placements not covered under the Compact are:
- Institutions caring for the mentally ill, mentally defective or epileptic;
- Institutions primarily educational in character;
- Hospitals and medical facilities; and
- Relatives placing a child with any close relative or non-agency guardian.
- The types of placements covered under the Compact are:
- Eligibility for Title IV-E for foster children is determined in the State having legal custody of the child. The State having legal custody of the child is responsible to pay for foster care costs even if the child is placed out of State. If a child is IV-E eligible and reimbursable, the child qualifies to receive Medicaid from the State in which the child resides.
- If a child is not IV-E eligible and reimbursable, a Medicaid eligibility determination must be made in the State having legal custody of the child. If the child is Medicaid eligible, the State having legal custody of the child continues to be responsible to provide Medicaid for the child when placed in another state.
- Foster Child Moving Into Wyoming
- Sending Agencies are:
- A party state, or officer or employee thereof;
- A subdivision of a party state, or officer or employee thereof;
- A court of a party state; and
- A parent, person, corporation, association or charitable agency who places a child into one of the above Compact covered placements.
ICPC Consultant Responsibility
- If a state wants to place a child in Wyoming, the Deputy Compact Administrator (in Wyoming is the ICPC Unit) is notified, then the request is forwarded to the appropriate field office, a file is opened, and a home study completed. Once the study is completed, recommend whether placement is appropriate, and forward three copies to the State office ICPC Consultant. The ICPC Consultant approves or disapproves placement.
- If the placement is approved, the sending State shall provide notification of placement date and IV-E eligibility to the ICPC Unit at the State office.
- If a placement is not approved, the ICPC 100-A’s will be signed by the Deputy Compact Administrator showing placement denied, and the local field office will be advised the state office is closing its ICPC file.
Caseworker Responsibility - Require the Caseworker to notify the Benefit Specialist in writing when a foster child moves into Wyoming.
- The local caseworker will notify the benefit specialist of the IV-E eligibility via a written statement from the sending state that the child is IV-E eligible. The IV-E specialist will add the child onto the computer system for Medicaid benefits.
- Once the child is placed, supervision is provided by the DFS field office caseworker. The caseworker will prepare quarterly reports in narrative format and send to the Deputy Compact Administrator (ICPC Unit), in packets of three, for forwarding to the sending state. This allows all parties to know that the case remains open, and services are being provided.
- The caseworker will complete an application (SS 501 A) for the foster child who does not meet IV-E ICPC eligibility.
Benefit Specialist Responsibility - The Benefit Specialist will determine if the child meets the eligibility factors of another medical assistance coverage group. (See Section M1201 D of the Equalitycare Policy Manual for other medical coverage codes.)
- A separate application for Medicaid is not needed for IV-E eligible children.
- IV-E ICPC Coming Into Wyoming
- 1) Child is categorically eligible for Medicaid using subtype code FC.
- 2) Periodic review is not required. Enter an Alert on PAAL to track when each 12-month time frame occurs.
- 3) Medicaid benefits continue for children under age 19 for the remainder of the 12-month continuous period after the loss of IV-E. Change Medicaid subtype code according to the Equalitycare policy manual section 1200.
- 4) Children who turn 19 are no longer eligible for IV-E Foster Care or Child 6 through 18 years Foster Care. Transition these clients to one of the following coverage groups: Foster Care “RC”, Basic Foster Care “FR” or Institutional Foster Care “FT”. (Medicaid Equalitycare policy manual Section M1201D)
- Non IV-E eligible children coming into Wyoming will need to have their Medicaid eligibility determined for a medical coverage group.
- Non IV-E ICPC Coming into Wyoming
- 1) Follow policy in EqualityCare Eligibility Manual section 1200.
- 2) An application is required to determine Medicaid eligibility in Wyoming under the Family and Children’s programs.
- 3) These children and not eligible for Foster Care in Wyoming. NEVER use a foster code coverage group for this child.
- Sending Agencies are:
- Foster Child Moving Out of Wyoming
Caseworker Responsibility- Require the Caseworker to notify the Benefit Specialist in writing when a foster child moves out of Wyoming.
- When a foster child is placed outside of Wyoming, the caseworker is to assure the continuation of IV-E eligibility. The caseworker should notify the receiving state when IV-E eligibility no longer exists so Medicaid can be closed.
- When a child is in DFS custody or under the jurisdiction of the court, the following information shall be submitted to the DFS State Office ICPC Consultant:
- The typed, completed ICPC 100-A (ICPC files are maintained under the child’s name and date of birth);
- Three copies of the court order showing you have custody or jurisdiction over the child;
- Three copies of a social history or predisposition report and any other information of help to the receiving state in determining the needs of the child;
- Three copies of a cover letter stating whether the child is Title IV-E eligible, Medicaid only or neither. The letter needs to include the means by which the sending state plans to provide for the medical needs of the child in the receiving state. It should be noted many states will not begin the home study process unless a medical plan is provided by the sending state. In addition to the medical plan, California requires a financial plan for each child;
- Three copies of the current family service plan for each child ICPC services are requested; and
- Three copies of the permanency plan for each child ICPC services are requested.
- Upon receipt of the above information by the ICPC Unit, the ICPC 100-A's and accompanying materials are reviewed and forwarded to the receiving state. A file will be developed at the State Office.
- If the placement is approved, the ICPC 100-A’s are signed by the ICPC staff in the receiving state. A copy of the ICPC 100-A and home study will be forwarded to the local office.
- Once the decision is made to place the child, the caseworker will notify the State office ICPC staff by providing three copies of ICPC 100-B giving the date the child was placed or will be placed.
- If a child is court-ordered into an out-of-state placement without the caseworker giving prior notice to ICPC, first notify the Deputy Compact Administrator (ICPC Consultant) by telephone the child has been ordered into another state. At this time, send all the information described in 3. a – f, above.
- Wyoming caseworker and ICPC staff will request the receiving state to monitor the placement of a Wyoming child placed through the Interstate Compact and prepare a progress report, i.e., to submit to the court, to track the child’s direction. Wyoming will ask for this to be done on a monthly basis, or at least quarterly.
Benefit Specialist Responsibility - Terminate medical assistance as Wyoming is not responsible for medical expenses when a child moves out of state unless the new state does not pick up the Medicaid.
- IV-E ICPC Wyoming Child Going to Another State
- 1) Child is categorically eligible for Medicaid subtype coded FC.
- 2) Continue on WY Medicaid with code FC until the new state confirms they have accepted the child onto their Medicaid.
- 3) New state completes Medicaid Periodic Reviews, if applicable to that State. If new state does not pick up Medicaid, WY is responsible.
- 4) Periodic review is not required. Enter an Alert on PAAL to track when each 12-month time frame occurs.
- Non IV-E ICPC Wyoming Child Going To Another State
- 1) Continue on Medicaid under the current Medicaid subtype until the new state confirms they have accepted the child onto their Medicaid.
- 2) Close Medicaid benefits when the child is eligible for Medicaid in the new state.
- IV-E ICPC Wyoming Child Going to Another State
- A IV-E eligible child can be placed in a foster or adoptive home or other facility that is not fully certified by the receiving state on the date the child is to be placed, however IV-E payments can not be made until the home/facility is IV-E certified.
- If the provider is unwilling or unable to become certified, then no IV-E payment may be made.
- Termination of Jurisdiction
- Compact Article IV, Retention of Jurisdiction, states the "sending agency shall retain jurisdiction over the child sufficient to determine all matters in relation to the custody, supervision, care, treatment and disposition of the child." The sending agency shall continue to have financial responsibility for support and maintenance of the child during placement. Discharge from supervision must be with the concurrence of both states.
- If a court dismisses jurisdiction without state concurrence, immediately advise the Deputy Compact Administrator. Send three copies of the dismissal order along with the ICPC Form 100-B and the appropriate explanation entered under "Remarks" section of the form to the ICPC staff.
- Once a case is closed the ICPC 100-B is completed by the caseworker through the ICPC process and a copy will be provided to the local field office advising to close the ICPC file. Advise the benefit specialist the case is closed.
- Timely Interstate Placement of Children – Caseworker Responsibility Refer to Family Services Manual Policy ICPC and ICAMA Policy 5.18 for the complete policy and process.
- Within 60 days after the state receives from another State a request to conduct study of a home environment for purposes of assessing the safety and suitability of placing children the home, the State shall, directly or by contract:
- Conduct and complete the study; and
- Return to the other State a report on the results of the study which shall address the extent to which placement in the home would meet the needs of the child; and
- In the case of a home study begun on or before September 30, 2008, if the State fails to conduct and complete the home study within the 60-day period as a result of circumstance beyond the control of the State (such as failure by a Federal agency to provide the results of a background check, or the failure by an entity to provide completed medical forms, requested by the State at least 45 days before the end of the 60-day period), the State shall have 75 days (an addition 15 days beyond the original 60 days) to comply with the request provided the State documents the circumstances involved and certifies that the completing the home study is in the best interest of the child.
- The State is not required to complete within the applicable time period the parts of the home study involving the education and training of the prospective foster or adoptive parent.
- The State shall treat any such report that is received from another State or an Indian tribe (or from a private agency under contract with another State) as meeting any requirements imposed by the State for the completion of a home study before placing a child in the home, unless, within 14 days after the receipt of the report the State determines, based on grounds that are specific to the content or the report, that making a decision in reliance on the report would be contrary to the welfare of the child; and
- The State shall not impose any restriction on the ability of a state agency administering, or supervising the administration of, a State program operated under a State plan approved under this part to contract with a private agency for the conduct of such a home study.
- Within 60 days after the state receives from another State a request to conduct study of a home environment for purposes of assessing the safety and suitability of placing children the home, the State shall, directly or by contract:
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: 18 |
IV-E Foster Care Policy Manual | SUBJECT: Administrative Payments Candidates for Foster Care |
POLICY NUMBER: IV-E–06-001 | EFFECTIVE DATE: 07/01/06 |
I. TITLE IV-E ADMINISTRATIVE PAYMENTS
Reference: Title IV of the Social Security Act, Section 474; Social Security Act, Section 401 (a)(7); 45 CFR 1356.30 and 1356.60
- Monthly time analysis forms are completed by a random sample of caseworkers to cost allocate the allowable Title IV-E administrative functions performed on behalf of both children who are IV-E eligible and children who are candidates for IV-E foster care maintenance payments.
- IV-E administrative costs are the costs necessary for the administration of the foster care program.
- Allowable costs include, but are not limited to the following:
- Costs of conducting criminal background checks for foster and adoptive parents.
- A case assessment in the context of case planning.
- Items needed in order to license or approve a foster family home such as beds, cribs and smoke detectors. (Costs of construction or renovation are not allowable.)
- Costs of medical exams for prospective foster parents to obtain or retain a foster family home license or approval.
- Preparation of reports to the court and participation in court proceedings by a caseworker or casework supervisor.
- Conducting title IV-E eligibility determinations even for children who are not found to be title IV-E eligible.
- Quality Assurance (QA) activities for IV-E eligible children. D.
- Costs not allowable include, but are not limited to the following:
- Counseling, homemaker or housing services and assisting in reuniting families.
- Costs for the child of a minor parent.
- Processing and management of health care services for foster children.
- Legal services for a child in foster care or his/her parents.
II. Candidates for Foster Care
Reference: 45 CFR 1356.60; Social Security Act section 471(a)(15) and (16); DHHS Grant Appeals Board Decision No. 844
- A candidate for foster care is a child who is at serious risk of removal from home as evidenced by DFS either pursuing his/her removal from the home or making reasonable efforts to prevent such removal. No other IV- E eligibility provision applies to achieve candidate status.
- In order for a child to be considered a candidate for Title IV-E foster care maintenance payments, the child's case plan must set foster care as the goal for the child unless effective preventive services are provided. This is an indication that the child is at serious risk of removal from his/her home because DFS believes a plan of action is needed to prevent that removal.
NOTE: Children who are receiving services under the investigation track and not in placement are an example of those who would be considered a candidate for Title IV-E foster care maintenance payments. - Documentation must be made justifying retaining a child in candidate status for longer than six months. Foster Care candidates require a re- determination at least once every six (6) months.
- Title IV-E administrative costs claimed on behalf of foster care candidates are subject to the same limitations that are in place when such cost items are claimed for children in foster care. For example, investigating claims of child abuse/neglect, physical/mental examinations or evaluations, and completing case progress notes with regard to the delivery of services are not allowable Title IV-E administrative functions. Nor do the actual services delivered to foster care candidates in compliance with the reasonable efforts requirements qualify as Title IV-E administrative costs.
- States may begin claiming for administrative functions performed on behalf of foster care candidates in the month in which the child’s candidacy is documented. States may not claim Federal Financial Participation (FFP) for title IV-E administrative functions performed prior to the documentation of candidacy because a child is not a candidate for foster care until documented as such pursuant to one of the acceptable methods: a case plan that identifies foster care as the goal absent preventative services; eligibility form used to document the child’s eligibility for Title IV-E; or evidence of court proceedings related to the child’s removal from the home.
- Federal financial participation for administrative costs listed at 45 CFR 1356.60 (c ) may be claimed regardless of whether the child is actually placed in foster care and becomes a recipient of Title IV-E foster care benefits. However, reimbursement is limited to those individuals the State reasonably views as candidates for foster care maintenance payments.
- The three acceptable methods of documentation indicating that a child is a candidate for foster care benefits are:
- 1) A defined case plan which clearly indicates that, absent effective preventive services, foster care is the planned arrangement for the child, or
- 2) evidence of court proceedings in relation to the removal of the child from them, in the form of a petition to the court, a court order or a transcript of the court’s proceedings, AND
- 3) an eligibility determination form which has been completed to establish the child’s eligibility under Title IV-E.
- Should the State determine that the child is no longer a candidate for foster care at any point prior to the removal of the child from his home, subsequent activities will not be allowable for reimbursement of costs under Title IV-E. Social Security Act section 471(a)(15) and (16); DHHS Grant Appeals Board Decision No. 844
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: 19 |
IV-E Foster Care Policy Manual | SUBJECT: Quality Assurance |
POLICY NUMBER: IV-E–11-001 | EFFECTIVE DATE: 07/01/11 |
IV-E QUALITY ASSURANCE
I. IV-E AREAS AND RESPONSIBILITIES
The IV-E eligibility determination process is centralized into three areas of the state. The eligibility sites are Cheyenne, Casper and Rock Springs. Each IV- E Benefit Specialist covers the counties listed below:
Cheyenne | Casper | Rock Springs |
Laramie | Natrona | Sweetwater |
Albany | Johnson | Uinta |
Carbon | Sheridan | Lincoln |
Goshen | Campbell | Teton |
Platte | Weston | Fremont |
Niobrara | Crook | Park |
Converse | Big Horn | |
Hot Springs | ||
Washakie |
Caseload/Workload: Assess all new placement applications for IV-E eligibility. Maintain eligibility on all IV-E Foster Care cases including IV-E Subsidized Adoption cases. Maintain all local foster care cases.
Responsibility of Offices: In offices designated as IV-E sites, the District Manager shall ensure that appropriate staff are assigned and trained in IV-E eligibility and that procedures are established to promote the effective determination and maintenance of IV-E eligibility.
In office not designated as IV-E site the District Manager or Region Manager is the designated contact point for all on-going IV-E eligibility questions, providing such support as is necessary to ensure the IV-E Specialist receives the necessary information to establish and maintain IV-E eligibility.
II. QUALITY ASSURANCE (QA)
Reference: Section 471 (a) (22) of the Social Security Act
- Quality Assurance is a systematic method of evaluating the quality of services, identifying strengths and needs of the service delivery system and providing timely, relevant reports and evaluating program improvement measures implemented.
- The purpose of Quality Assurance is to:
- Assure effective and uniform casework practice and eligibility determination throughout the state of Wyoming;
- Assure compliance with all state and federal policies and rules;
- Provide a training tool for caseworkers and benefit specialists;
- Improve the Department of Family Services’ practice by adopting a systemic view of Quality Assurance which evaluates policies, training, service delivery, and program strategies.
- The Benefit Specialist Supervisor may randomly review all IV-E cases.
- The IV-E Quality Assurance Committee will consist of:
- the three (3) IV-E Specialists (3 people)
- the 3 IV-E Benefit Specialist Supervisors (3 people)
- Benefit Specialists IV-E Consultant (1 person)
- Child Protection Services Consultant (1 person)
- Juvenile Services Consultant (1 person)
- Quality Assurance Consultant (1 person)
- Attorney General Office (2 people)
- Region Manager and/or District Manager (1 or 2 people)
- Child Protective Services supervisor, caseworker, or other staff person for each of the three IV-E areas (3 people)
- Juvenile Services Supervisor, probation officer, or other staff person for each of the three IV-E areas (3 people)
- Facility licensing supervisor or worker (1 person)
- Invited guests include a representative from the Children’s Justice Project and one representative from each tribe
- Other people as determined when necessary to prepare for or participate in any audits
- These members must be available to meet quarterly to perform QA functions as outlined below:
- complete a QA peer review of randomly selected cases,
- participate in training on the IV-E program, policy and audit review document,
- assist with and resolve IV-E issues,
- participate in at least one full review of IV-E cases in area prior to the Federal review, and
- assist with the actual IV-E Review as assigned.
- Quarterly meetings and review of randomly selected IV-E cases will provide training opportunities for all members of the IV-E QA committee and state staff on the use of the federal review instrument. It will build a pool of state reviewers for future Federal IV-E reviews and will assist in on-going accuracy.
- Results of quarterly reviews will be reported to the IV-E QA committee, Managers, Administrators and Director. All errors identified must be corrected.
III. MONTHLY COORDINATION MEETINGS
MONTHLY COORDINATION MEETINGS between caseworkers, benefit specialists, and child support workers facilitated by office manager or designee.
- Determining medical eligibility and eligibility for IV-E foster care maintenance payments requires the coordination of the Economic Assistance Unit, Social Services Unit, Juvenile Probation Unit and Child Support Division. The team approach is important to ensure eligibility requirements are met, monitored and maintained.
- Workers with a child(ren) in foster care are expected to meet monthly to assure all changes have been made and remind each other of items that are coming due or needed to determine initial or continue eligibility for IV-E.
IV. CORRECTING ERRORS
- As soon as an error is discovered, it must be corrected. The error could be a child who was not determined IV-E eligible who is eligible, or a child who was determined IV-E eligible and is not eligible. Cases incorrectly determined as IV-E cause errors resulting in repayment to the Federal government.
- The IV-E Specialist will perform a redetermination of eligibility after the fact when a child is found prospectively ineligible and verified circumstances show the child would have been eligible. Eligibility begins the first day of the month when all eligibility requirements are met. This may mean a case is retroactively made eligible when an error is detected.
- As cases are due for periodic reviews or reviewed for other reasons, the IV- E specialist will look at the case from the time the case was opened to assure eligibility was processed correctly. If during the review, it is discovered a case was not processed correctly, make the corrections from the first day of the month when all eligibility or reimbursability requirements are not met. This will include changing the codes on the computer system and notifying the caseworker of the change. The correction may be to put the child on IV-E if s/he was incorrectly determined ineligible or take the child out of IV-E if s/he was incorrectly included.
- Use the following EPICS screens in this order to make the necessary corrections:
APEM – Enter the appropriate month to begin the correction
MERE – Enter the appropriate Medicaid subtype
AFMM – Authorize
MECC – Authorizes the correct medical (print this screen and place in the case file) - Use the form DFS 604 Economic Assistance Supervisory Review Form as a guide to assure you have covered all the eligibility factors from the time the case was open. Assure you can answer all the questions and provide verification to support the IV-E eligibility decision.
- Write a thorough narrative explaining the error found, when discovered, and the corrections that were made.
- Use the following EPICS screens in this order to make the necessary corrections:
- The IV-E Specialist will give the Caseworker written notice explaining the circumstances of the redetermined eligibility.
V. FILE TRANSFERS
- Require the Caseworker and the Benefit Specialist to be responsible for:
- Notifying the receiving DFS-FO of the intent to transfer both the casework and economic assistance case files.
- The Caseworker will notify the current Benefit Specialist and the Caseworker of the new county immediately if the jurisdiction changes.
- The Benefit Specialist will notify the new county IV-E Specialist of the change and that the IV-E case will be transferred.
- Send both files together to the new county (compliance file maintained by the benefit specialist and the casework file)
- Require the receiving DFS-FO to review the case for:
- Continuing IV-E reimbursement eligibility and
- Assuring the correct medical coverage group is selected.
VI. COMPLIANCE FILE FOLDER ARRANGEMENT
Benefit Specialist Responsibility
For consistency and to make it easier for QA reviews and federal audits to find the necessary information compliance files will be set up in a similar manner using the following guidelines. The compliance file will be maintained by the benefit specialist. It will contain all records necessary for determining IV-E eligibility and reimbursement.
Organized from top to bottom in Chronological order
INSERT TABLE
VII. ALERTS: Important Reminders
ALERT 1: A supervisor should monitor the caseload of a caseworker who leaves the agency until that worker is replaced to ensure IV-E eligibility and compliance with ASFA requirements.
ALERT 2: If a permanency hearing is missed for a IV-E eligible child, that child is not reimbursable for IV-E and remains IV-E non-reimbursable until the permanency hearing is held and the required “reasonable efforts” language for permanency is included in the court order. IV-E reimbursement may begin again starting with the month the hearing is held.
ALERT 3: Court orders cannot specify placement with a specific foster care provider unless there is judicial notice in the court order that DFS recommendations regarding placement were given judicial consideration.
ALERT 4: If the court fails to hold the initial six-month review hearing, an administrative review will satisfy the IV-E eligibility requirements.
WYOMING DEPARTMENT OF FAMILY SERVICES |
CHAPTER: Attachment 3 |
IV-E Foster Care Policy Manual | SUBJECT: Sample Court Orders |
POLICY NUMBER: IV-E10-001 | EFFECTIVE DATE: 7/1/10 |
The following Court Orders are examples using language which meets the federal requirements for initial removals and ongoing permanency. Refer to IV-E Policy Manual Chapter 7 for specific policy on court orders and court order language.
Attachment 3a – Order for Shelter Care – Initial removal
On page 2 of this court order the first and third paragraph have the contrary to welfare language and reasonable efforts to maintain the child in the home. The second paragraph that states reasonable efforts are being made to reunite does not matter since the required language is in other paragraphs.This court order meets the language requirements.
Attachment 3b – Order on Initial Appearance and Shelter Care Hearing
On page 3 of this order in the top half items 1 and 2 have the correct language reasonable efforts to prevent removal and not in the best inters/contrary to the welfare. Item 4 names the placement and item 5 states DFS agrees with the placement showing DFS had input into the placement decision. This court order meets the language requirements.
Attachment 3c – Order Following Shelter Care Hearing – Initial removal
This court order does not meet the reasonable efforts for removal language. On page 2 in the second paragraph it does has the correct best interest language. The reasonable efforts language in this paragraph refers to reuniting the child with the family not the required prevent removal. If there is another court order within 60 days of the removal with the correct reasonable efforts language, the child could become IV-E eligible.
Attachment d – Order Upon Permanency Hearing—Permanency
This order has good language to establish the permanency goal and that reasonable efforts are being made to achieve the goal.
Attachment e – Order on Review Hearing – Permanency
Item 6 states a Permanency Goal has been established as documented in the case plan. This court order may be acceptable if we have a copy of the case plan and the plan establishes to goal and shows the reasonable efforts that have been or are being made to achieve the goal.
Attachment f – Order Upon Review Hearing – Permanency
This order states in item 2 that Guardianship is the permanency goal. However there is no statement that reasonable efforts are being made to achieve this goal. This court order will not meet the requirements for permanency language.
Attachment g – Reconvened 12 Month Review Hearing – Permanency
This court order is not acceptable for permanency language because there is no permanency goal stated and no reasonable efforts language to achieve a goal.
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: 1 |
IV-E Policy Manual Subsidized Adoption Policy | SUBJECT: Purpose and Definitions |
POLICY NUMBER: IV-E–11-001 | EFFECTIVE DATE: 07/01/11 |
I. INTRODUCTION
The Adoption and Safe Families Act (ASFA) of 1997 places emphasis on children’s well being, safety, and permanency. The safe return of the child to a parent’s home is the most desirable outcome. The safety of children is the paramount concern coupled with a sense of urgency for securing a permanent home. Foster care is only a temporary and time limited solution. When children cannot safely return home another permanent home must be developed. The purpose is to expedite permanent homes for children.
The Adoption Assistance Program is designed to place children who are legally free for adoption or have adoption as their goal. The program includes adoption subsidies for special needs children to facilitate adoption.
II. AUTHORITY
The Fostering Connections to Success and Increasing Adoption Act of 2008 (PL 110-351)
Adoption Assistance & Child Welfare Act of 1980 (PL 96-272), under Title IV-E Section 473 of the social Security Act
The Tax Reform Act of 1986 (PL 99-514
The Adoption and Safe Families Act of 1997 (PL 105-89) The Deficit Reduction Act of 2005 (PL 109-171)
The Adam Walsh Child Protection & Safety Act of 2006 (PL 109-248) 45 CFR 1356.40
Social Security Act Sections 471 - 474
Wyoming State Statutes, W.S. 1-22-101 through 1-22-116 (as amended)
Rules and Regulations Governing Adoption, Final June 1992
III. OVERVIEW OF TITLE IV-E SUBSIDIZED ADOPTION
Title IV-E Subsidized Adoption Assistance (IV-E SA) is financial assistance to families who adopt a child who is difficult to place because of special needs and who meets the other eligibility requirements for participation.
Title IV-E SA is intended for financial needs of the special needs child including maintenance costs, medical and surgical treatment, costs incurred for the adoption, training, care, education and counseling of the child.
A child shall not be considered a child with special needs unless:
- There is a court order stating the child cannot be returned to the home of her/his parents; and
- Social Services staff has determined a specific factor or condition exists with respect to the child which makes it reasonable to conclude such child cannot be placed for adoption without providing adoption assistance.
- A reasonable but unsuccessful effort has been made to place the child without providing assistance except where it would be against the best interests of the child such as the existence of significant emotional ties with prospective adoptive parents who were the child's foster parents.
IV. Parental Rights
- The primary reason for terminating the rights of parents or accepting the relinquishment of parents' rights is to free a child for adoption. An adoptive family may or may not be identified prior to termination. In addition to terminating parental rights to free a child legally for adoption, this action may be taken to protect a child from a dangerous parent. (Legal reference: 14-2-301 - 14-2-308)
V. Adoption Placement
- In many cases the child will be in placement with a suitable relative or a foster family who wish to adopt the child. Adoption by these families may be in the best interest of the child.
- If the permanency plan does not include the foster home as the adoptive placement submit a request for adoptive home studies from the Central Office as described in Adoption Rules. Adoption rules require two requests to Wyoming adoption agencies for available families. (Requests should be made one month apart and should not take longer than two months to determine intake resources.) If there are no suitable adoptive families in Wyoming, prepare an Adoption Exchange Registration Form and forward the form to the DFS Central Office with a photo of the child. The Central Office will forward the package to The Adoption Exchange in Denver for inclusion in the regional "We Make Connections for Kids", Waiting Children Section. Federal law states a state cannot “deny or delay the placement of a child for adoption when an approved family is available outside of the jurisdiction with responsibility for handling the case of the child.” Jurisdiction in this law refers to “state and county jurisdictions.”
VI. Medicaid and Social Services
- For the purposes of Title XIX and XX, any child eligible for whom there is an adoption assistance agreement in effect is deemed to be a dependent child and is deemed to be a recipient of AFDC in the State in which the child resides. Any child of such eligible child will be eligible for such services.
- IV-E Subsidized Adoption children are categorically eligible for Medicaid using subtype code IV.
- Periodic Reviews are not required for IV-E eligibles.
- Medicaid benefits continue for children under age 19 for the remainder of the 12-month continuous period after the loss of IV-E Subsidized Adoption eligibility.
- Refer to IV-E Subsidized Adoption policy Chapter 4 B.g.ii for children over 18 years.
- The State will provide health insurance coverage with the same type and kind of benefits as those which would be provided for children by the State under Title XIX, or a comparable State medical plan, for any child who has been determined to be a child with special needs, for whom there is in effect an adoption assistance agreement between the State and an adoptive parent(s) and who the State has determined cannot be place with an adoptive parent without medical assistance due to special needs for medical. Mental health or rehabilitative care.
- In the event the State Provides such coverage through a State medical assistance program other than the Program under TXIX, and the State exceeds its funding for services under such other program, any such child is deemed to be receiving aid or assistance under the State plan under this part; and in determining cost-sharing requirements, the State will take into consideration the circumstances of the adopting parent o and the needs of the child being adopted to the extent coverage is provided through a State medical assistance program, consistent with the rules under such program.
- A IV-E Subsidized Adoption child who is no longer eligible for IV-E Subsidized Adoption is eligible to continue medical assistance until the next 12 month review period is due. When a child is no longer eligible for IV-E Subsidized Adoption, change the Medicaid coverage group according to the EqualityCare policy manual section 1200 to complete the 12-month period. Set a PAAL alert to establish the end of the continuous 12-month time frame.
- A child who is receiving Kid Care Chip at the time they come into DFS IV-E Subsidized Adoption can begin IV-E Subsidized Adoption effective that month. Notify Kid Care Chip immediately when a child falls into this situation.
VI. DEFINTIONS
Adoption Assistance Agreement - is a written agreement binding all parties between DFS, other relevant agencies and the prospective adoptive parents. The agreement must meet federal requirements, and:
- Be signed by the adoptive parents and a representative of DFS and be in effect before adoption assistance payments are made but no later than the finalization of the adoption; and
- Specify the duration of the agreement; and
- Specify the amount of the adoption assistance payments (if any) and the nature and amount of any other payments, services and assistance to be provided including nonrecurring adoption expenses in agreements effective on or after 1/1/87 for expenses incurred by the parents on or after that date; and
- Specifies the child's eligibility for Title XIX and Title XX and the amount of the monthly cash payments; and
- Specifies, with respect to agreements entered into on or after 10/1/83, the agreement remains in effect regardless of the state of residence of the adoptive parents; and
- Contains provisions for the protection of the interests of the child in case the adoptive parents and child should move to another state while the agreement is in effect; and
- For agreements entered into on or after 10/1/83, if a needed service specified in the agreement is not available in the new state of residence, the state making the original adoption assistance payment remains financially responsible for providing the specified service(s).
Adoption Process - the process whereby adults, not being the biological parent of a child, may legally accept that child into the full rights, privileges and obligations of their family. By this process, the child assumes the family name and identity, is considered a dependent of that family and is eligible for inheritance through that family.
Adoptive Family - a couple or single person evaluated and approved for adoption by the Department pursuant to a court order or a private child placement agency, licensed by the State of Wyoming or another state licensing agency.
Adult - a person who has achieved the age of majority as specified by state statue. (Age 18 years unless legally emancipated)
Applicable Child – a child who meets the applicable age requirements, or a child who has been in foster care for at least 60 consecutive months, or a sibling to either such child if both are to have the same adoption placement. Effective October 1, 2009 for children 16 or older who enter into a subsidized adoption agreement October 1, 2009 or later.
Applicant - a couple or a single person who is interested in applying to adopt a child(ren).
Application for Adoption Assistance - an application made by the potential adoptive parents indicating their intent to adopt a specific child.
At-Risk Adoption Placement - is a legal term for placement or a child or children in a home for adoption prior to the termination of one or both parent’s rights. Federal law requires immediate search for adoptive families once the goal of “adoption” has been formally established. As a result placement for adoption prior to court termination of parental rights will occur more often. Prior to the child becoming legally free for adoption, the family may be paid DFS foster care payments but not Adoption Subsidy.
Bifurcated Adoption - two court actions where parental rights are terminated and the child is adopted all at one time.
Child - a minor person who is to be adopted.
Child Placement Agencies - private adoption agencies that are licensed or certified by the State of Wyoming or another state jurisdiction.
Concurrent Plan - the general term used to describe an alternative to reunification of children with their original family. Alternative (concurrent) planning for children may be done simultaneously with reunification planning and may begin at the time children are initially removed form their family.
Court Termination - an action by a court of competent jurisdiction that terminates parental rights to a child, assigning these rights of guardianship to the Department.
Foster-Adopt Home - a foster home developed specifically with the idea of possible adoption as the outcome of placing foster care children. Such homes may be required to assist in reunification efforts with the child’s original family and must recognize the child may not become available for adoption.
Interlocutory Decree - the initial petition to adopt, filed with the court and required prior to passage of the Tax Reform Act of 1986.
- The adoption agreement is used when a formal interlocutory has not been filed;
- After 1986, adoption assistance payments may begin when the adoption assistance agreement is signed and the child is placed in the adoptive home;
- This is not mandated by Wyoming law but is a recommended procedure generally adhered to.
Interstate Compact on Adoption and Medical Assistance (ICAMA) - an agreement between states to ensure that adopted children subject to an adoption subsidy agreement moving across state lines receive medical and other services.
- The Compact establishes orderly procedures for the interstate placement of children and assigns responsibilities for those involved in the adoption of the child.
- Although Wyoming is not a member state, services will be provided to children in Subsidized Adoption per the Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1986.
- Although Wyoming is not a member state, services will be provided to subsidized adoptive children according to the subsidized adoption agreement.
Non-Applicable Child – a child for whom the revised eligibility criteria do not apply and to whom the eligibility requirements in place prior to October 1, 2009 apply.
Nonrecurring Adoption Assistance – is paid or reimbursed for one-time reasonable and necessary expenses directly related to the legal adoption of a child with special needs that have not been reimburse form other sources or funds. These reimbursable expenses may include the home study fees, attorney fees, replacement of the birth certificate, and travel for visits to the child.
Permanency - an individualized, most appropriate, permanent home for the child, including but not limited to relatives, adoption, guardianship, or independent living. DFS custody has ended. Long term foster care is the option of last resort, in particular for young children. When long-term foster care is the permanency goal, a compelling reason shall be documented in the case plan. The specific long-term foster care provider shall be named in the court order.
Recurring Adoption Assistance – provides funds that may be used for any identifiable need of the child. These usually take the form of monthly payments to the parent of eligible children. The maximum payment amount may not exceed the amount that would have been paid for maintenance if the child had remained in a foster home in that State. Payments can continue until the child reaches age 18 (or until age 21 when the State determines that the child has a physical, mental, or emotional disability), and these payments continue even if the family moves to another State.
Relinquishment - a voluntary action on the part of the parents that transfers the parental rights over their child to the state, a private child placement agency or individual empowered by statute to assume these rights.
Resident - pursuant to W.S. 1-22-103, the petitioner has lived in Wyoming during the 60 days prior to the filing of the petition to adopt.
Special Needs Child - a child who meets all three of the following characteristics:
- The child cannot or should not be returned to the home of her/his parents; and
- There exists a specific factor or condition because of which it is reasonable to conclude the child cannot be placed with adoptive parents without providing Title IV-E adoption assistance or Title XIX medical assistance such as:
- has irreversible or non-correctable physical or mental disabilities; or
- has physical, mental, or emotional disabilities correctable through surgery, treatment or other specialized services; or
- is six years of age or older; or
- has been in the same foster family home for a lengthy period of time, emotional ties have developed with the foster family and adoption assistance is necessary to facilitate an adoption; or
- is a member of a racial minority; or
- is a member of a sibling group and needs to be placed in the same home with siblings; or
- The child meets all the medical or disability requirements for SSI (does not need to meet SSI income or asset critieria).
- A reasonable, but unsuccessful, effort to place the child with appropriate parents without providing adoption assistance has been made.
Subsidized Adoption (SA) - the granting of a definite amount of financial assistance to an approved adoptive home in the adoption of special needs child
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: 2 |
IV-E Policy Manual Subsidized Adoption Policy | SUBJECT: Purpose and Definitions |
POLICY NUMBER: IV-E 09-03 | EFFECTIVE DATE: 10/01/09 |
Application Process
References: IV-E - Sections 471 - 474 of the Social Security Act; Adoption and Safe Families Act of 1997, P.L. 105-89; IV-E State Plan
I. Caseworker Responsibilities
- The Caseworker will initiate the application process within seven (7) working days, (see note at end of this chapter), from the date the child is removed from the home by submitting to the Benefit Specialist the following forms/verifications:
- Application for benefits, form SS-501A Placement Application, which must be signed by the appropriate manager or designee since s/he is acting as the child's guardian.(At no time is the Benefit Specialist to sign an application as the applicant);
- A copy of the SS 611 form(s), Temporary Authorization for Medical Services for Children, if the child required medical services prior to the date of application.
- The DFS-FO Caseworker will initiate the application process within seven (7) working days from the date the IV-E eligible ICPC child is placed by submitting to the Benefit Specialist verification from the sending state the ICPC child is IV-E eligible.
- Information allowing the Benefit Specialist to make a determination of IV- E eligibility such as: (within 30 days)
- Information to verify the eligibility factors within 30 days.
- Determining the child meets the definition of a "special needs" child as defined in Chapter 1;
- Assuring an adoption assistance agreement as defined in Chapter 1 has been entered into and the content of the agreement meets the federal requirements;
- Assuring the adoptive child/foster parent(s) meets the citizenship requirement per Attachment I (for Title IV-E only, the adoptive child/foster parent(s) can be a lawful permanent resident alien but the subsidy payment will be paid from TANF MOE funds as federal regulations prohibit payment for such an individual(s) from Title XX funds.);
- Assuring reasonable efforts have been made to place the child without providing assistance except where it would be against the best interests of the child;
- Assuring there is a judicial determination which states returning the child to the home of her/his parents would not be in the best interest of the child:
- The determination must be made in the first court ruling that sanctions (even temporarily) the removal of the child from the home;
- The "reasonable efforts to return the child to the home" determination is not required.
- Assuring, for a voluntary placement/relinquishment, there is a judicial determination to the effect that to remain in the home would be contrary to the child’s welfare:
- The judicial determination must be made within six months of the date the child was last living with a specified relative; and
- The statement concerning reasonable efforts is not required.
- Assuring the child meets the age requirements.
- Assuring the school-aged child is enrolled and attending school.
- School attendance is defined by the school as full-time elementary or secondary (high school) and the child is enrolled or in the process of enrolling. School can include home schooling or independent study as defined and approved by the state and local school district.
- A child does not need to meet this education requirement if the child is incapable of attending school due to a documented medical condition. This must be verified at least at each periodic review or when the condition changes.
- Assuring the adoptive parents continue to remain legally responsible and continue to provide support for the child;
- Giving written notice to the adoptive parents when notified by the Benefit Specialist of the decision on the application including:
- The action taken;
- The reason for the decision; and
- The applicable legal cites.
- Notifying the Benefit Specialist when the child is no longer eligible.
- Court Orders/Judicial Determinations - A copy of the first court order removing the child from the home must contain a judicial determination specifying "continuation in the home is contrary to the welfare of the child" or “is in the best interest of the child not to be in the home.” See Attachment 3 for example.
- Upon receipt from the court, immediately give a copy of the order to the Benefit Specialist.
- Upon receipt from the court, immediately give a copy of the order to the Benefit Specialist.
II. Benefit Specialist Responsibilities
- Understand the Economic Assistance DFS-FO staff is responsible for:
- Receiving the application (SS 501A) with supporting declarations and verifications;
- Determining if the child is an applicable child or non-applicable child (See Chapter 4)
- Placing the case in a pending status while IV-E eligibility is being determined but not for more than 60 days. Code the case in the following order using:
- the age 0 – 6 category for a child of this age group who meets the 0 – 6 income levels; or
- the age 6 and older for a child of this age group who meets the
- 6 and older income levels; or
- the pending foster care category when a. or b. do not apply.
- Note: If the 60 days has passed for the IV-E determination and the worker cannot make the determination, place the child in Basic Foster Care.
- Processing the application and making an eligibility determination within 45 days from the date of removal for IV-E subsidized adoption (see note at end of this chapter).
- Determining eligibility for IV-E medical assistance when retroactive medical coverage is requested as medical services were required for the child prior to the date of application per the SS 611 form(s) submitted by the Caseworker.
- Receiving the application (SS 501A) with supporting declarations and verifications;
- Making a determination concerning the IV-E SA and Title XIX eligibility.
- Children receiving title IV-E SA are categorically eligible for title XIX (Medicaid) services. As such, the State must provide Medicaid to all children under a title IV-E SA agreement.
- The State cannot require an adoptive parent to provide health insurance for the child in lieu of the child receiving Medicaid. However, the parent may provide health insurance if he/she wishes.
- Approving or denying the application within 30 days from the date of application.
- Entering the documentation in the case record of:
- The verification of eligibility factors;
- The action taken; and
- The reason for the action.
- Notifying the caseworker if additional information is needed to complete the eligibility determination.
- Notifying the Caseworker in writing of the decision to approve or deny the application which includes the reasons for the decision and the legal cites.
- Assist the caseworker in completion of the forms if the child was in a household eligible for benefits (POWER, Food Stamps, Medical, Child Care, IV-E Foster Care) prior to the placement and most of the documents of verification are in the agency file.
- Copy or scan the necessary documents for the case record.
NOTES: Keep in mind that if the application is not received during the seven (7) day time period, the child may still be IV-E eligible if the application is received between the date of the removal and the time a child is no longer in DFS custody for a maximum of eight (8) quarters.
A case may be in IV-E pending status up to sixty (60) days if awaiting verifications. If pending is longer than 60 days, the case must be put into a state foster care situation. A case may be reverted back to IV-E if all eligibility factors are received and determined at a later date that the child would have been IV-E eligible at the time of removal.
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: 3 |
IV-E Policy Manual Subsidized Adoption Policy | SUBJECT: Verification Documentation Evidence |
POLICY NUMBER: IV-E–09-03 | EFFECTIVE DATE: 10/01/09 |
Verification/Documentation/Evidence
References: IV-E - Sections 471- 474 of the Social Security Act; Adoption and Safe Families Act of 1997, P.L. 105-89; IV-E State Plan
Benefit Specialist Responsibilities
I. Verification
Use the procedure in IV-E Foster Care Chapter 8 and Attachment 2.
II. Documentation
Use the procedure in IV-E Foster Care Chapter 8 and Attachment 2.
III. Evidence
Use the procedure in IV-E Foster Care Chapter 8 and Attachment 2 except use this chart:
-
FACTOR PRIMARY EVIDENCE SECONDARY EVIDENCE Adoption assistance agreement Agreement None Adoption placement agreement Agreement None
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: 4 |
IV-E Policy Manual Subsidized Adoption Policy | SUBJECT: Eligible Persons Administrative Hearings |
POLICY NUMBER: IV-E–09-003 | EFFECTIVE DATE: 10/01/09 |
Eligible Persons/Eligibility Factors
References: IV-E - Sections 471 - 474 of the Social Security Act; Adoption and Safe Families Act of 1997, P.L. 105-89; IV-E State Plan
I. Eligible Persons
- Applicable Child
- Based on age before the Federal Fiscal year during which the adoption assistance agreement is entered into. The applicable age for a child begins at 16 years old in FFY2010 (October 1, 2009) and decreases by two years for each fiscal year until a child of any age meets the applicable age requirements in FFY 2018 (October 1, 2017). (See Table below)
- A child who has been in foster care for at least 60 consecutive months prior to the finalization of the adoption and who meets the applicable child eligibility requirements including the special needs criteria.
- A sibling to either such child if both are to have the same adoption placement and who meets the applicable child eligibility requirements including the special needs criteria.
- Determine that the child meets the following special needs criteria:
- The child cannot or should not be returned to the home of his parents,
- There is specific factor or conditions (such as ethnic background, age or membership in a minority sibling group, or the presence of factors such as medical conditions or physical, mental, or emotional handicaps) because of which it is reasonable to conclude that the child cannot be placed with adoptive parents without providing adoption assistance under Title IV-E and medical assistance under Title XIX, OR that the child meets all of the medical or disability requirements for SSI. If a child meets all the medical or disability requirements for SSI, the criteria for the factor or condition element of specials need determination will be met; and
- That a reasonable, but unsuccessful , effort has been made to place the child with adoptive parents without providing adoption assistance under Title IV-E or medical assistance under Title XIX. The only exception to this requirement is where it would be against the best interest of the child because of such factors as the existence of significant emotional ties with prospective adoptive parents while in the care of the parent as a foster child.
- The child must meet at least one of the four following eligibility requirements.
- The child, at the time of the initiation of adoption proceedings, was in the care of a public or licensed private child placement agency or Indian tribal organization pursuant to:
- An involuntary removal in accordance with a judicial determination of the effect that it was contrary to the child’s welfare to remain the home; OR
- A voluntary placement agreement or voluntary relinquishment. Thus for an “applicable child,” there does not have to be a title IV-E payment made under a voluntary placement agreement.
- The child meets all the medical and disability requirements of SSI. An “applicable child” does not have to meet the needs-based (Income and assets) requirements for SSI.
- The child of a minor parent was residing in a foster family home or child care institution with his/her minor parent and the minor parent was removed from home pursuant to either: 1) an involuntary removal in accordance with a judicial determination to the effect that it was contrary to the child’s welfare to remain in the home; or 20 a voluntary placement agreement or voluntary relinquishment.
- The child was adopted and was determined eligible for Title IV-E adoption assistance in a prior adoption and is available for adoption because the prior adoption has been dissolved or the child’s adoptive parents have died. In such an instance, the child may retain eligibility for adoption assistance payments in a subsequent adoption. The Title IV-E agency only needs to determine that the child is still a child with specials needs for the child to be eligible for adoption assistance.
- The child, at the time of the initiation of adoption proceedings, was in the care of a public or licensed private child placement agency or Indian tribal organization pursuant to:
- Non-applicable Child
For a child to be eligible for IV-E Adoption Assistance (AA), the child must meet a 3- part Special Needs determination and one of 4 paths to eligibility.- Special Needs Determination - All three of the following requirements must be determined by the state prior to the finalization of the adoption.
- The child cannot or should not be returned to the home of his/her parents. This requirement can be based on evidence by an order from a court of competent jurisdiction terminating parental rights, the existence of a petition for a termination of parental rights (TPR), or a signed relinquishment by the parents. In addition, if a child can be adopted in accordance with State or Tribal law without a TPR or relinquishment, the requirement of section 473 (c)(1) of the Act will be satisfied, as long as the state or Tribe had documented the valid reason why the child cannot or should not be return to the home of his/her parents.
- AND There exists a specific factor or condition which makes it reasonable to conclude that the child cannot be adopted without providing Title IV-E AA or Title XIX medical assistant. See Chapter 1 definition of Special Needs Child for policy on acceptable factors making it difficult to place a child.
- AND A reasonable, but unsuccessful, effort must be made to place the child for adoption with appropriate parents without providing AA unless it is against the best interest of the child.
- Provide IV-E Adoption Assistance (AA) when a child placed for adoption meets the definition of a child with Special Needs and one of the following eligibility paths:
- Child would have been AFDC-eligible in the specified relative’s home from which s/he is removed (specified relative means biological parent); or
- Child is eligible for Supplemental Security Income (SSI); or
- Child is a child or a minor parent in Title IV-E foster care; or
- Child continues eligibility for IV-E Adoption Assistance (AA) in a subsequent adoption.
- AFDC-eligibility is based on the AFDC policy as in place July 1996. The eligibility factors are detailed in Chapter 3 of the IV-E Foster Care Policy. To meet AFDC criteria, the child must have been both a needy child and a child deprived of parental support.
- The child would have been eligible for AFDC in the specified relative’s home from which he/she is removed in the month of the voluntary placement agreement or the month of the removal petition. If there is no petition, then the AFDC-eligibility is determined in the month of removal.
- For adoptions after October 1, 2005, states must determine eligibility at the child’s removal from the home only. The law eliminated that the child had to also meet AFDC criteria at the initiation of adoption proceedings.
- Removal from the home must have been in accordance with either a judicial determination or a voluntary placement agreement (VPA)
- A judicial determination in the first order removing the child from the specified relative’s home to the effect that continuation in home would be contrary to the child’s welfare.
- An AFDC-eligible child with special needs who is voluntarily relinquished can be eligible for Title IV-E AA under certain conditions: *if relinquished to either a public or private non-profit agency; *if there is a petition to the court to remove the child from his/her home within 6 months of the date the child lived with the specified relative from whom s/he is being removed; and if there is a subsequent “contrary to the welfare” determination. In such case, we consider this child to be removed via a judicial determination. This criteria requirement at least one IV-E payment be made.
- TANF eligibility cannot be used in lieu of AFDC eligibility requirements for Title IV-E programs.
- In a situation where a child is being adopted from foster care, the child does not have to have been in foster care for any specific length of time to qualify for adoption assistance.
- The title IV-E foster care maintenance payments program requirements are not applicable to the child’s eligibility for title IV-E AA. For example:
- State agency placement and care responsibility and/or placement in foster care is not an eligibility criterion except for the case of a child whose path to eligibility is through a VPA. Under a VPA, there has to be at least one foster care maintenance payment, so that requires State agency placement and care responsibility.
- In the case of a child whose path to eligibility is a VPA, a “best interests” judicial determination at 180 days is not required.
- The judicial determination for reasonable efforts to prevent the child’s removal from the home is not required.
- Residence:
- Require the petitioner to live in Wyoming during the 60 days prior to the filing of the petition to adopt, pursuant to W.S. 1-22-103.
- Require DFS to enter into an adoption assistance agreement whereby Wyoming is the state of financial responsibility whether or not the child and her/his adoptive parents continue to reside within the State of Wyoming.
- Verify the child meets the age requirements for IV-E SA which are:
- Under 18 years of age; or
- Under 21 years of age when there has been a determination the child has a mental or physical handicap which warrants continued assistance with prior approval by DFS-SO staff.
- Assure the child is a full-time elementary or secondary school student or is incapable of attending school due to a medical condition; School can include home schooling or independent study as defined and approved by the state and local school district.
- DO NOT require the child to meet the social security number factor to be eligible for IV-E SA but it is required for receipt of Title XIX benefits;
- Verify the identity of the child;
- Determine if the child meets the citizenship/immigration eligibility factor as specified in Chapter 3 of the IV-E Foster Care policy and Attachment I when the child is not a U.S. citizen;
- Require the child, excluding the SSI child, to meet the deprivation criteria
- Termination of parental rights alone is not proof that deprivation exists;
- After a child has been determined deprived in the home from which s/he is removed, termination of rights can serve as proof of deprivation at the time of the adoption petition.
- Verify the combined nonexempt assets of the household from which the child, excluding the SSI child, was removed do not exceed $10,000 (P.L. 106-169, effective 12/14/99);
- Income:
- Income of parent(s) - use the AFDC 185% CAP and Need Standard, based on the circumstances of the household from which the child was removed, to determine initial eligibility for IV-E SA unless this household was not that of the natural or adoptive parent(s). (Refer to Table VI in effect as of 7/1/96)
- Income of child - use the foster family home rate of $400 per month and $740 as the 185% CAP when determining the child's income as the adoption assistance payment cannot exceed the foster family home rate;
- Adoptive parent(s) - DO NOT require the income eligibility factor be met for the adoptive parent(s).
- Child Is SSI-Eligible and Meets Definition of Child With Special Needs
- The child must meet the requirements for the title XVI Supplemental Security Income (SSI) prior to the finalization of the adoption.
- Only a designated Social Security Administration claims representative can determine a child’s SSI eligibility and provide the appropriate eligibility documentation to the State for the child’s file.
- No additional criteria can be applied if the eligibility of the child with special need is based on his or her eligibility for SSI.
- The manner of a child’s removal from his/her home, including whether the child is voluntarily relinquished to an individual or private agency, cannot be a factor for the SSI path to eligibility. The manner of removal from the home is only relevant for title IV-E AA determination of an AFDC-eligible child.
- A State cannot limit the SSI eligibility determination to any specific point prior to the adoption finalization, such as when the petition to adopt is filed. To do so would deny eligibility to a child who meets the Federal eligibility requirements under the title IV-E AA program. So long as SSI eligibility is determined prior to finalization of the adoption, and there is a signed AA agreement in place, the child meets the eligibility criteria for the title IV-E AA.
- Child Is Eligible As A Child of A Minor Parent in IV-E Foster Care and Meets Definition of Child With Special Needs
- A child is eligible for title IV-E AA in this circumstance if the minor parent’s title IV-E foster care maintenance payment covers the child’s cost of care while the child is in the foster family home or child care institution with the minor parent.
- No additional criteria can be applied.
- Child Continues IV-E AA Eligibility in a Subsequent Adoption and Meets Definition of Child with Special Needs
- A title IV-E AA-eligible child retains his/her eligibility in a subsequent adoption (if the adoptive parents die or the adoption dissolves) if the child remains a child with special needs.
- The only determination that must be made by the State prior to the finalization of the subsequent adoption is whether the child is a child with special needs.
- No other eligibility factors, such as need or deprivation, are required. A child subsequently adopted is treated as though his or her circumstances are the same as those in the previous adoption.
- Since only the special needs requirement has to be reestablished in a subsequent adoption, the manner of a child’s removal from the adoptive home, if there is a removal, does not impact the child’s subsequent eligibility for the program.
- When an adoptive parent dies, or the adoption dissolves, AA is available in a new adoptive placement after an AA agreement is signed by the subsequent adoptive parents and the State agency representative, and the State has made a determination that the child is a child with special needs.
- Title IV-E AA eligibility cannot transfer to a guardian or other caretaker. There must be both a new agreement and a special needs determination in place before the State can provide the payment to the new adoptive parent.
- Special Needs Determination - All three of the following requirements must be determined by the state prior to the finalization of the adoption.
II. Additional Eligibility Factors
- DO NOT allow eligibility for State Subsidized Adoption prior to the date of the application for adoption assistance.
- Verify there is an adoption assistance agreement signed by the DFS
- representative and the adoptive parents.
- Verify the child has been identified by the caseworker as a special needs child prior to the finalization of the adoption.
- Allow eligibility to continue for any child who was receiving a federal IV-E adoption subsidy on or after 10/1/97 if the adoption is disrupted, dissolved or if the adoptive parent(s) dies and the child remains a child with special needs.
III. Administrative Hearings
- Realize the adoptive parents have the right to an administrative hearing when they feel they were wrongly denied benefits on behalf of an adoptive child. An administrative hearing opportunity applies to a suspension, reduction, discontinuance, or termination of assistance. With some exceptions, a hearing is not mandated if either State or Federal law requires automatic grant adjustments (such as an across-the-board reduction in foster care maintenance payments).
Even after an adoption is finalized and an agreement signed, the State must provide adoptive parents with the opportunity for a fair hearing if their request for an AA increase is denied. - Realize some allegations that constitute grounds for an administrative hearing include, but are not limited to:
- Relevant facts regarding the child were known by DFS and not presented to the adoptive parents prior to the finalization of the adoption;
- Inappropriate denial of assistance based upon an income/ asset test of the adoptive family;
- Failure by DFS to advise potential adoptive parents about the availability of adoption assistance for children in the State foster care system;
- Decrease in the amount of adoption assistance without the concurrence of the adoptive parents; and
- Denial of a request for a change in payment level due to a change in the circumstances of the adoptive parents.
IV-E Adoption Assistance Eligibility Table for Non Applicable Child
Eligibility for IV-E Subsidized Adoption has these two main components the child must meet.
SPECIAL NEEDS DETERMINATION
The child must be determined to have “special needs,” which include all three requirements listed below. (This is required for both nonrecurring and recurring Federal adoption assistance.) |
ELIGIBILITY REQUIREMENTS
The child must meet any one of four eligibility requirements provided by the law. (These are required only for recurring adoption assistance. |
1. The child cannot or should not be returned to his or her parent(s).
AND |
1. The child was eligible for AFDC during the month in which court proceedings were initiated or was eligible within 6 months prior to that time.
OR |
2. The child has a “factor or condition” (Uniquely defined by each State) that qualifies him/her as having “special needs.” This factor or condition includes:
▪Member of a racial minority ▪Age 6 years or older ▪Membership in a sibling group ▪Medical, physical, or emotional condition or handicap ▪Has been in the same family home for a lengthy period of time, emotional ties have developed with the foster family and adoption assistance is necessary to facilitate an adoption The factor or condition must prompt the conclusion that the child cannot be placed without providing adoption assistance or medical assistance. AND |
2. The child was eligible for Supplemental Security Income (SSI) programs under the Social Security Act before adoption.
OR |
3. An attempt to place the child without adoption assistance was made but was unsuccessful except where it would be against the best interest of the child. | 3. The child’s parent was in foster care and receiving Title IV-E funds that covered both the parent and child when the adoption was initiated.
OR |
4. The child previously received adoption assistance, and his or her adoptive parent died or the adoption was dissolved. |
IV-E Adoption Assistance Eligibility Table for Applicable Child
Eligibility for IV-E Subsidized Adoption has these two main components the child must meet.
SPECIAL NEEDS DETERMINATION
The child must be determined to have “special needs,” which include all three requirements listed below. (This is required for both nonrecurring and recurring Federal adoption assistance.) |
ELIGIBILITY REQUIREMENTS
The child must meet any one of four eligibility requirements provided by the law. (These are required only for recurring adoption assistance. |
1. The child cannot or should not be returned to his or her parent(s).
AND |
1. The child, at the time of initiation of adoption proceedings, was in the care of a pulbic or licensed private placement agency or Indian tribal organization pursuant to: an involuntary removal in accordance with a judicial determination to the effect it was contrary to the child’s welfare to remain in the home; OR
2. A voluntary placement agreement or voluntary relinquishment. There does not have to be a IV- E payment under the voluntary placement agreement. OR |
2. The child has a “factor or condition” that qualifies him/her as having “special needs.” This factor or condition includes:
a. Member of a racial minority b. Age 6 years or older c.Membership in a sibling group d. Medical, physical, or emotional condition or handicap The factor or condition must prompt the conclusion that the child cannot be placed without providing adoption assistance or medical assistance. OR The child meets all of the medical or disability requirements for SSI. If a child meets all the medical or disability requirements for SSI, for the factor or condition element of specials need determination will be met. AND |
3. The child meets all the medical and disability requirements of Supplemental Security Income (SSI) . the child does not have to meet the SSI income and asset requirements
OR |
3. An attempt to place the child without adoption assistance was made but was unsuccessful except where it would be against the best interest of the child. | 4. The child’s parent was in foster care and receiving Title IV-E funds that covered both the parent and child when the adoption was initiated.
OR 5. The child previously received adoption assistance, and his or her adoptive parent died or the adoption was dissolved. |
Applicable Child - Effective Dates of Adoption Assistance Eligibility Criteria
Federal Fiscal Year
October 1 – September 30
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: 5 |
IV-E Policy Manual Subsidized Adoption Policy | SUBJECT: Eligibility Requirements - Payments |
POLICY NUMBER: IV-E–09-03 | EFFECTIVE DATE: 10/01/09 |
Eligibility Payment Requirements for Subsidized Adoption Reference: Wyoming State Rules Section 7
- The Department may grant subsidy payments to adoptive parent(s), if at the time of placement for adoption, the following apply:
- The child is in the legal custody of the Department of Family Services or a child placement agency certified by the state;
- The child is legally free for adoption;
- The department or a certified, private child placement agency is financially responsible for the child;
- The child is a special need child;
- Reasonable efforts to place the child without a subsidy have proven unsuccessful; and
- The Department has determined the adoptive parent can provide for the non-financial needs of the child.
- The determination of the amount of subsidy shall be based upon the child’s needs and the circumstances of the adoptive parent.
- The subsidy may include, but is not limited to, medical costs, psychological counseling, maintenance and costs incurred for the adoption.
- Application for subsidy is to be made by the adoptive parent or agency on behalf of the child.
- With the exception of item F below, the amount of the adoption assistance payment shall be less than the foster care maintenance payment the child received or would receive in a foster family home.
- Payment of one-time, non-recurring expenses related to the facilitation of a special needs adoption may be provided by the Department.
- After the amount of the subsidy is agreed upon by the Department in consultation with the adoptive parents, an Adoption Assistance Agreement shall be signed by all parties.
- The Agreement must be completed prior to the finalization of the adoption.
- The Adoption Assistance Agreement shall be reviewed not less than annually to determine if the terms of the agreement have changed or remain the same. Use the Annual Review Form for Adoption Assistance SS-46. The adoptive parent is required to inform the Department of circumstance that would make them ineligible for adoption assistance payments or eligible for adoption assistance payments in a different amount. Questions to review are:
- Has the child has reached his 18th birthday, are there any mental or physical disabilities which warrant the continuation of the assistance;
- Does the adoptive parent continue to be legally responsible for the support of the child, and if he is providing financial support for the child;
- Does the child continue to reside in the home of the adoptive parent;
- Are any changes in the household that would affect the adoption assistance agreement;
- Is the child currently attending school or graduated; and
- Does the adoptive parent want to continue to receive the assistance amount?
NOTE: If Wyoming is paying a subsidy or issuing Medicaid, then send the review form to the adoptive parent using the address we on file. If Wyoming is not paying a subsidy or issuing Medicaid, then it is the other state’s responsibility to complete the review.
- Once the child has been determined eligible, the adoption assistance agreement continues in effect regardless of the state of residence.
- The adoptive parent must notify the Department of any change in address.
- The State office will notify the new state of the child’s eligibility status of Medicaid coverage once verification is received from the caseworker that shows the child was IV-E Medicaid eligible. See IV-E SA Policy Chapter 8.
- The Department is responsible for payment of the subsidy amount to the adoptive parent in his new state of residence.
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: 6 |
IV-E Policy Manual Subsidized Adoption Policy | SUBJECT: Application Process |
POLICY NUMBER: IV-E–11-001 | EFFECTIVE DATE: 7/01/11 |
Review of Eligibility
REFERENCES: IV-E - Sections 471 - 474 of the Social Security Act; Section 473(a)(4)(B) of the Social Security Act; Adoption and Safe Families Act of 1997, P.L. 105-89; Child Welfare Policy Manual 8.2B.9; IV-E State Plan
I. Subsidized Adoption Reviews
- The Title IV-E adoption assistance program does not require redeterminations of a child’s eligibility. Once a child has been determined eligible and is receiving adoption assistance, the assistance can only be terminated under the following circumstances:
- The child has attained the age of 18 (or the age of 21 if the State has determined that the child has a mental or physical disability which would warrant continuation of assistance); Note: Aging Out does not apply to Adoption cases.
- The State determines the adoptive parents are no longer legally responsible for support of the child; or
- The State determines the adoptive parents are no longer providing any support to the child.
- Title IV-E AA cannot be terminated, suspended, or discontinued for any other reason than those enumerated above, such as:
- Failure of the adoptive parents to respond to a request for a review/renewal/reauthorization of the adoption assistance agreement;
- If the child is placed temporarily outside the home (but the adoptive parents are still providing support); or
- If the youth is working full-time (but the adoptive parents are still providing support).
- Terminate assistance when eligibility is no longer met.
- Require the caseworker to notify the Benefit Specialist in writing when the child becomes ineligible for subsidized adoption and cite the reasons for closure.
- A IV-E Subsidized child who leaves DFS custody is eligible to continue medical assistance until the next 12 month Medicaid review period is due. When a child is no longer eligible for IV-E Subsidized Adoption, change the Medicaid coverage group to CF to complete the 12-month period. Set a PAAL alert to determine the end of the continuous 12-month period.
- A child who is receiving Kid Care Chip at the time they come into DFS IV-E Subsidized Adoption can begin IV-E Subsidized Adoption effective that month. Notify Kid Care Chip immediately when a child falls into this situation.
II. Continuing Eligibility for a Child Whose Adoption is Disrupted
Allow eligibility to continue for any child who was receiving a federal IV-E adoption subsidy on or after 10/1/97 if the adoption is disrupted, dissolved or if the adoptive parent(s) dies and the child continues to have special needs.
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: 7 |
IV-E Policy Manual Subsidized Adoption Policy | SUBJECT: Adoption Compliance Files |
POLICY NUMBER: IV-E–05-002 | EFFECTIVE DATE: 10/01/05 |
Adoption Compliance File
Reference: Rules and Regulations governing Adoption, Appendix A. Section VII.
- The following documents must be kept in the IV-E Subsidized Adoption case file at the field office:
- The initial order or agreement removing the child from the home and any subsequent orders;
- The Title IV-E eligibility documents used to make the determination at the time of placement in foster care and the documents used to make the determination at the time the adoption proceeding was initiated;
- The termination of parental rights order, or voluntary relinquishment of parent rights document;
- The final decree of adoption;
- The application for Adoption Assistance;
- The initial Adoption Assistance Agreement and any subsequent agreements; and
- Annual review forms for adoption assistance.
- The files shall be maintained under the adopted name of the child.
- The remainder of the adoption file shall be sent to the state office Adoption consultant for sealing.
- Once the adoption is finalized, and no subsidy is in place, send the file to the State office for sealing. There should be no record of the child with his birth name in the field office.
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: 8 |
IV-E Policy Manual Subsidized Adoption Policy | SUBJECT: ICPC ICAMA |
POLICY NUMBER: IV-E–11-001 | EFFECTIVE DATE: 07/01/11 |
I. INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN (ICPC)
- Purpose
The Interstate Compact on the Placement of Children (ICPC) is a means for providing protection of and service provision to non-delinquent children placed across state lines. It is also used to place children into Residential Treatment Centers. The Compact has been adopted by every state to establish orderly procedures for placement of minors and to fix responsibility for those involved in that placement. Wyoming enacted legislation in 1965, W.S. 14-5-101 through 14-5-108, and became a member state shortly thereafter. - Types of Placements
- The types of placements covered under the Compact are:
- Foster family homes;
- Residential treatment facilities;
- Placements preliminary to a possible adoption;
- Boarding homes;
- Child caring agencies and institutions; and
- Other placements that are for the safety and protection of the child.
- Placements not covered under the Compact are:
- Institutions caring for the mentally ill, mentally defective or epileptic; Institutions primarily educational in character;
- Hospitals and medical facilities; and
- Relatives placing a child with any close relative or non-agency guardian.
- Sending Agencies - Those considered as sending agencies are:
- A party state, or officer or employee thereof;
- A subdivision of a party state, or officer or employee thereof;
- A court of a party state; and
- A parent, person, corporation, association or charitable agency who places a child into one of the above Compact covered placements.
- Initiating the ICPC process
- When a child is in DFS custody or under the jurisdiction of the court, the following information shall be submitted to the DFS State Office:
- The typed, completed ICPC 100-A (ICPC files are maintained under the child’s name and date of birth);
- Three copies of the court order showing you have custody or jurisdiction over the child;
- Three copies of a social history or predisposition report and any other information of help to the receiving state in determining the needs of the child;
- Three copies of a cover letter stating the child’s financial and medical plan. This shall include whether the child is Title IV-E eligible, Medicaid only or neither. The letter needs to include the means by which the sending state plans to provide for the medical needs of the child in the receiving state. It should be noted many states will not begin the home study process unless a financial and medical plan is provided by the sending state. In addition to the medical plan, outlining the Medicaid eligibility, the sending state shall explain the financial plan for the child, i.e., family will receive foster care payments for the care of the child.
- Three copies of the current family service case plan for each child ICPC services are requested; and
- Three copies of the permanency plan for each child ICPC services are requested.
- Upon receipt of the above information, the ICPC 100-A's and accompanying materials are reviewed and forwarded to the receiving state. A file will be developed at the State Office.
- If the placement is approved, the 100-A’s are signed by the receiving state. A copy of the 100-A and home study will be forwarded to the local field office.
- Once the decision is made to place the child, notify the State office by providing three copies of ICPC 100-B giving the date the child was placed or will be placed.
- If a child is court-ordered into an out-of-state placement without the worker giving prior notice to ICPC, first notify the Deputy Compact Administrator (ICPC Consultant) by telephone the child has been ordered into another state. At this time, send all the information described in Section I, D. 1 - 4.
- Wyoming shall request the receiving state to monitor the placement of a Wyoming child placed through the Interstate Compact and prepare a progress report, i.e., to submit to the court, to track the child’s direction. Wyoming will ask for this to be done monthly; or at least quarterly.
- When a child is in DFS custody or under the jurisdiction of the court, the following information shall be submitted to the DFS State Office:
- Children Coming Into the State of Wyoming
- If a state wants to place a child in Wyoming, the Deputy Compact Administrator is notified, then the request is forwarded to the appropriate county office. A file is opened, and a home study completed. Once the study is completed, forward three copies to the State office. Recommend whether placement is appropriate. The Deputy Compact Administrator approves or disapproves placement.
- If the placement is approved, the sending state shall provide notification of placement date and IV-E eligibility. The local caseworker will notify the benefit specialist of the IV-E eligibility who will enter the child’s information onto the computer system for Medicaid benefits.
- Once the child is placed, supervision is to be provided by the caseworker. The caseworker will send quarterly reports to the Deputy Compact Administrator, in packets of three, for forwarding to the sending state. This allows all parties to know that the case remains open, and services are being provided.
- If a placement is not approved, the 100-A’s will be signed by the Deputy Compact Administrator showing placement denied, and the local field office will be advised the State office is closing its ICPC file.
- The types of placements covered under the Compact are:
II. Termination of Jurisdiction
- Compact Article IV, Retention of Jurisdiction, states the "sending agency shall retain jurisdiction over the child sufficient to determine all matters in relation to the custody, supervision, care, treatment and disposition of the child." The sending agency shall continue to have financial responsibility for support and maintenance of the child during placement. Discharge from supervision must be with the concurrence of both states.
- If a court dismisses jurisdiction without state concurrence, immediately advise the Deputy Compact Administrator. Send three copies of the dismissal order along with the ICPC Form 100-B and the appropriate explanation entered under "Remarks" section of the form.
- Once a case is closed the ICPC 100-B is completed, and a copy will be provided to the local field office advising to close the ICPC file. Advise the economic assistance specialist the case is closed.
III. Interstate Compact on Adoption and Medical Assistance (ICAMA)
- Children who are the subject of a Subsidized Adoption (SA) agreement and receive medical assistance, and move to another state, fall under the ICAMA guidelines. Though Wyoming is not a member state, services shall be provided to IV-E children per the Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1986.
IF a State agency has responsibility for placement and care, that State is responsible for entering into the SA agreement and providing the IV-ESA, even if the child is placed in an adoptive home in another State
IF a State agency does not have responsibility for placement and care, the SA application should be made in the adoptive parents’ State of residence. The state agency where the adoptive parents’ reside is responsible for determining whether the child is eligible, entering into the SA agreement and paying the subsidy.- IV-E Subsidized Adoption
- Categorically eligible for Medicaid using subtype code IV. b. Periodic Review is not required
- Medicaid benefits continue for children under age 19 for the remainder of the 12 months continuous period after the loss of IV-E eligibility. Refer to the EqualityCare Policy Manual Section 1200 for appropriate coding.
- Set a PAAL alert to know the end of the 12-month period.
- Refer to the IV-E Subsidized Adoption policy Chapter 4 B.g.ii for children over age 18.
- Non IV-E Subsidized Adoption Reference Equalitycare Eligibility Manual 1201 E
- Eligible for Medicaid using subtype Code RA
- Periodic Review due every 12 months using form DFS 607.
- Medicaid benefits continue for children under age 19 for the remainder of the 12-month continuous period after the loss of IV-E Subsidized Adoption eligibility. Refer to the EqualityCare policy manual section 1200 for the correct coding.
- IV-E Subsidized Adoption
- Children Moving Out of Wyoming
- If a child is IV-E eligible and is entitled to Medicaid coverage per the adoption assistance agreement and the family decides to move to another state the caseworker shall:
- Require the caseworker to notify the Benefit Specialist in writing when the adoptive parent(s) and child are moving out of Wyoming;
- Provide the adoptive parents with a letter of eligibility prepared by the benefit specialist;
- Terminate medical assistance on the eligibility computer system when information is received that the new state has picked up the Medicaid;
- 1) IV-E ICAMA Wyoming Child Going To Another State
- a) Child is categorically eligible for Medicaid.
- b) Continue on WY Medicaid with code IV until new State confirms they have accepted child onto their Medicaid
- c) New State completes Medicaid Periodic Reviews, if applicable to that State
- d) If new State does not pick up Medicaid, WY is responsible: Periodic Review due is not required
- 2) Non IV-E ICAMA Wyoming Child Going To Another State Close the Medicaid case when child leaves the State and confirmation is received that the new State has picked up the Medicaid. If the new State denies the request, WY must continue under the same coverage group the child was in when he/she left the state.
- 1) IV-E ICAMA Wyoming Child Going To Another State
- Ensure that the adoptive parents have the original copy of the adoption assistance agreement; and
- Send three (3) copies of both the above documents to the Wyoming ICAMA Consultant.
- The eligibility letter should show the new address of the adoptive parents and the eligible child.
- The Consultant will forward two (2) packets to the receiving state. It should be noted that the sending state is responsible for the continued subsidy payments as indicated in the adoption assistance agreement. The adoptive parents shall receive the medical benefits for the child in the receiving state.
- The ICAMA Consultant will track cases through a computer and file system
- The adoption assistance and Medicaid cases will continue to be open as long as the assistance agreement is in effect and not terminated. If a family moves from the receiving state into another state, the same process will be followed to transfer the case to the third state.
- If a child is IV-E eligible and is entitled to Medicaid coverage per the adoption assistance agreement and the family decides to move to another state the caseworker shall:
- ICAMA IV-E SA Child Who Enters Wyoming
- Follow the procedure outlined above for the child placed in Wyoming by another state under ICAMA.
- For those children who come to Wyoming who are IV-E eligible for Medicaid benefits, the process will be as follows:
- The Deputy Compact Administrator will receive a packet of information from the sending state, including the letter of eligibility, the child's name, social security number, current address of adoptive family and a copy of the adoption assistance agreement.
- The above information will be provided to the local field office.
- The economic assistant specialist shall process the case for eligibility based on the information provided in the ICAMA packet
- For incoming cases of this nature, the caseworker need not open a case file nor complete monthly reporting forms.
- IV-E ICAMA Coming into Wyoming
- Categorically eligible for Medicaid using subtype code IV.
- Periodic Review is not required.
- Medicaid benefits continue for children under age 19 for the remainder of the 12-month continuous period after the loss of IV-E eligibility. Refer to EqualityCare policy manual section 1200 for appropriate coding.
- Refer to IV-E Subsidized Adoption policy Chapter 4.B.g.ii for children over age 18.
- Non IV-E ICAMA Coming into Wyoming
- An application is required to determine Medicaid eligibility in Wyoming under the Family and Children’s programs.
- These children are not eligible for Subsidized Adoption in Wyoming.
- Periodic Review due every 12 months from the initial application
- Use Form Renewal Notice and Form for Family Care and Children’s Health Programs.
- Follow policy in the Equalitycare Eligibility Manual Section 1200.
- Non IV-E ICAMA Wyoming Child Going to Another State
- Close Medicaid benefits when the child moves out of Wyoming and is eligible for Medicaid in the new state.
- Continue Medicaid benefits under the same coverage group when the child is not covered in the new state.
IV. Continuing Eligibility for a Child Whose Adoption is Disrupted
Allow eligibility to continue for any child who was receiving a federal IV-E adoption subsidy on or after 10/1/97 if the adoption is disrupted, dissolved or if the adoptive parent(s) dies and the child continues to have special needs.
V. International Adoptions
- Applicable Child
An “applicable child” who is not a citizen or resident of the United States and was either adopted outside the U.S. or brought to the U.S. for the purpose of being adopted is not eligible for adoption assistance payments including non-recurring expenses. - Non-Applicable Child
Although Federal statute does not categorically exclude children who are adopted abroad, it is highly improbable that children who are adopted abroad by U.S. citizens or brought into the U.S. from another country for the purpose of adoption will meet the criteria in SS 473 of the Act for title IV-E SA Eligibility.
For reimbursement of NRE, if the child who is adopted from abroad meets the three criteria for special needs, the State must pay for the nonrecurring adoption expenses for these children if requested by the parents prior to the finalization of the adoption. This, too, is improbable since the definition of special needs requires that the State determine that the child cannot or should not be returned home and that an effort be made to place the child without SA, except in certain limited circumstances.
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Table I |
IV-E Foster Care Policy Manual | SUBJECT: Foster Care Time Frames and Flow Chart |
POLICY NUMBER: IV-E 06 - 001 | EFFECTIVE DATE: 7/1/06 |
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Table II |
IV-E Foster Care Policy Manual | SUBJECT: Child Placement Flow Chart |
POLICY NUMBER: IV-E 06 - 001 | EFFECTIVE DATE: 7/1/06 |
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Table III |
IV-E Foster Care Policy Manual | SUBJECT: Eligibility Flow Chart |
POLICY NUMBER: IV-E 07/05 - 001 | EFFECTIVE DATE: 7/1/05 |
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Table IV |
IV-E Foster Care Policy Manual | SUBJECT: Initial Eligibility Flow Chart |
POLICY NUMBER: IV-E 09 - 002 | EFFECTIVE DATE: 04/1/09 |
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Table V |
IV-E Foster Care Policy Manual | SUBJECT: Medical Coverage Group |
POLICY NUMBER: IV-E 09 - 001 | EFFECTIVE DATE: 01/01/09 |
Review the Medical Coverage Group codes for children in placement in the following order. Use the Pending Code “FM” only when no other situation applies and then not for more than 60 days. At the 61st day if eligibility for IV-E is still pending, change the Medicaid Coverage Group code to the next appropriate code following the hierarchy listed in this table.
Periodic Review | (SEPA) Program | MERE Medical Subtype | Medical Coverage Group |
Foster Care and Subsidized Adoption | |||
60 Days | ME AF | FM | Pending Foster Care decision |
12 Months | ME AF | FC | IV-E Foster Care (including ICPC) |
12 Months | ME AF | IV | IV-E Subsidized Adoption |
12 Months | ME AF | RC | State Foster Care |
12 Months | ME AF | RA | State Subsidized Adoption |
12 Months | ME AF | FA | Age 0 - 6 |
12 Months | ME AF | FI | Age 6 and older |
12 Months | ME AF | FT | Institutionalized Foster Care |
12 Months | ME AF | FR | Basic Foster Care (100% State funded) |
12 Months | ME AF | FE | Aging Out |
Refer to the Medicaid Policy Manual at M1201 for eligibility qualifications for non- IV-E children
WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Table VI |
IV-E Foster Care Policy Manual | SUBJECT: AFDC Income Guidelines in Effect July 1, 1996 |
POLICY NUMBER: IV-E 07/05 - 001 | EFFECTIVE DATE: 7/1/05 |
COLUMN A is the number of eligible persons included in the family unit.
COLUMN B is 185% of Column C, used to determine if a family unit is eligible for assistance when shelter is provided without cost to the unit or when receiving a housing subsidy.
COLUMN C is the standard of need allowance for the family unit when shelter is provided without cost to the unit or when receiving a housing subsidy.
COLUMN D is 185% of Column E, used to determine if a family unit is eligible for assistance when the unit pays any portion of their own shelter costs, excluding those units who receive a housing subsidy.
COLUMN E is the standard of need allowance for the family unit when the unit pays any portion of their own shelter costs, excluding those units who receive a housing subsidy.
FOR HOUSEHOLDS OVER 12 PERSONS, GO TO DISPLAY TABLE VALUES IN EPICS AND SELECT THE AFDC INCOME STANDARDS IN EFFECT ON JULY 1, 1996.
WYOMING DEPARTMENT OF FAMILY SERVICES |
CHAPTER: Table VII |
IV-E Foster Care Policy Manual | S U B J E C T : Crisis Centers, Group Homes, RTCs & Detention Centers |
POLICY NUMBER: IV-E –11-001 | EFFECTIVE DATE: 07/01/11 |
IV-E Reimbursable Crisis Center, Group Homes, Residential Treatment Centers
Facility | Abbreviation | Service |
Adams Canyon | Crisis Bed operated by Teton Youth & Family Services | |
Big Horn Basin Adolescent Program | BHBAP | Group Home with Crisis Beds |
Cathedral Home | Residential Treatment | |
Central Wyoming Counseling Center | CWCC | Residential Treatment |
C Bar V Board of Cooperative Educational Services | C-V Boces | Residential Treatment |
Fremont County Group Homes | FC Group Home | Group Home with Crisis Beds |
Heart Mt New Beginnings | Group Home | |
Laramie Youth Crisis Center | LYCC | Operated by Cathedral Home, Group Home with Crisis Beds |
Mt Carmel New Beginnings | Group Home | |
Normative Services Inc | NSI | Residential Treatment |
Northwest Treatment Center | NW Tx Cnter | Crisis Bed within a Group Home |
Northwest Treatment Center | NW TX | Residential treatment beds |
Northwest Board of Cooperative Educational Services | NW Boces | Residential Treatment |
Red Top Meadows | Red Top | Operated by Teton Youth & Family Services |
St Joseph’s Children’s Home | St Joe’s | Residential Treatment |
Southeast Wyoming Juvenile Services* | SWJS | Operated by Cornerstone Programs – Residential Treatment |
Van Vleck House | Group Home operated by Teton Youth & Family Services | |
Volunteers of America | VOA | Group Home with Crisis Beds |
Wyoming Behavioral Institute | WBI | Operated by UHS Residential Treatment |
Well-come House | Group Home with Crisis Beds | |
Youth Alternative Home Association | YAHA | Group Home with Crisis Beds |
Youth Development Services | YDS | Group Home with Crisis Beds |
Youth Emergency Services | YES | Residential Treatment, Group Home with Crisis Beds |
Youth Home Inc. | Group Home with Crisis Beds |
Not IV-E Reimbursable
Detention Centers
Campbell County Detention – Campbell County Sheriff’s Office
Fremont County Detention – Fremont County Sheriff’s Office
Sweetwater County Detention Center – Sweetwater County Sheriff’s Office
SEJS: Southeast Wyoming Juvenile Services operated by Cornerstone Programs Cheyenne
RJDC: Regional Juvenile Detention Center operated by Cornerstone Programs Casper
Wyoming Boy’s and Girl’s Schools
* Southeast Wyoming Juvenile Services operated by Cornerstone Programs as Cornerstone also operates Detention Services in the same facility. Children placed in Residential treatment are identified as Residential in WYCAPS and qualify for IV-E. Those children not identified as Residential are considered in detention and are not IV-E reimbursable.
WYOMING DEPARTMENT OF FAMILY SERVICES |
CHAPTER: Attachment 1 |
IV-E Foster Care Policy Manual | SUBJECT : Citizenship and Immigration |
POLICY NUMBER: IV-E 10 - 001 | EFFECTIVE DATE: 07/01/10 |
Determine if each applicant or recipient meets one of the citizenship/immigration eligibility factors in the table below to qualify for IV-E.
Citizen/Noncitizen Eligibility | |
IV-E (ME) | |
U.S. Citizen or resident of American Samoa or Swains Island (noncitizen national) | Yes |
Illegal Immigrants | **No |
Immigrants eligible indefinitely: | |
Lawful permanent resident (LPR) immigrants | Eligible after 5 years* Need 40 qualifying quarters |
U.S. military connection (veteran, active duty, spouse or unmarried dependent child) | Yes |
Battered spouse, child, or parent or child of a battered person with a petition pending under 204(a)(1)(A) or (B) or 244(a)(3) of the INA |
Yes |
Lawfully in U.S. on 8/22/96 & age 65 or older | No |
Qualified immigrant receiving blind or disability benefits, or under 18 years of age, regardless of date of entry | No |
Canadian born Indians under 289 of the INA | Yes |
Member of an Indian Tribe under 4(e) of Indian Self-Determination and Education Assistance Act | No |
Hmong or Highland Laotian refugees (fought on behalf of U.S. during Vietnam conflict) | No |
*DO NOT count any quarter after 12/31/96 when the immigrant received benefits from CC, FS, LIEAP, FaC/ME, PO, federally funded foster care, etc. | |
Qualified immigrants eligible for 5 years (PO), 7 years (FaC/KC/ME), indefinitely (CC), and (FS) eligible for 7 years under PRWORA or indefinitely after 5 years in the US from date of entry of granting of status. | |
Paroled under 212(d)(5) of the INA for at least 1 year. | Eligible for one year |
Refugee under 207 of the INA from date of entry into U.S. | Yes |
Granted conditional entry under Section 203(a)(7) of the INA as in effect before April 1, 1980. | Yes |
Cubans and Haitians under 501(e) of the Refugee Education Assistance Act of 1980 from date of entry or granting of status | Yes |
Asylees from date granted asylum under 208 of the INA | Yes |
Deportation is being withheld under 243(h) as in effect before 4/1/97, or 241(b)(3) of the INA from date of entry or granting of status | Yes |
Amerasians under 584 of Foreign Operations, Export Financing and Related Program Appropriations Act from date of entry or granting of status | Yes |
**Immigrants not eligible above may be eligible for medical assistance under Emergency Services for Aliens. |
WYOMING DEPARTMENT OF FAMILY SERVICES |
CHAPTER: Attachment 2 |
IV-E Foster Care Policy Manual | SUBJECT : Verification Evidence |
POLICY NUMBER: IV-E 11-001 | EFFECTIVE DATE: 07/01/11 |
FACTOR | PRIMARY EVIDENCE | SECONDARY EVIDENCE |
AGE
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ASSETS: Accept client statement unless there is contrary information from community or DFS files | ||
Bank accounts, CD’s, bonds, stocks, mutual funds
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Bona fide effort to sell
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Life insurance
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Promissory note
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Other personal property, antiques, art work, |
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Real property
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Vehicles - Ownership
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Vehicles - Value
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CHILD SUPPORT | ||
Assigned
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Note: For verification of received child support payments, see Income, Unearned, Support |
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CITIZENSHIP/IMMIGRATION | ||
By birth or naturalization (Includes persons born in D.C., Puerto Rico, Guam, U.S. Virgin Islands, Northern Mariana Is- lands, American Samoa or Swains Island) All documents must be either originals or copies certified by the issuing agency. |
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Documents showing a U.S. place of birth prior to application for Medicaid (U.S. State Vital Stats notification of birth registration; An amended U.S. birth record Statement signed by the physician or midwife who attended the birth; Institutional admission papers from a nursing facility, skilled facility or other institution)
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By permanent residence |
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Parolee, Asylee, Refugee, Deportation Withheld |
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Victims of trafficking |
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CITIZENSHIP/ALIENAGE Continued | ||
Canadian Indians |
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Legal alien victim of domestic violence |
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Qualifying quarters |
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DEDUCTIBLE EXPENSES | ||
Dependent care |
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Legally obligated CS |
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Self-employment (actual expenses) |
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Shelter |
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DEPRIVATION | ||
Abandonment |
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Continued Absence (Require two pieces of secondary evidence) |
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Death |
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DEPRIVATION Continued | ||
Two-parent incapacity claimed |
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Disability |
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Fleeing for personal safety or safety of child(ren), domestic violence |
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Unemployed Parent (two-parent family) |
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Principal Wage Earner |
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EDUCATION |
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EMANCIPATION |
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GOOD CAUSE | ||
Child support claim |
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IDENTITY |
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INCOME: Accept client statement unless information to the contrary is known within the community or DFS | ||
Wages and in-kind wages |
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Self-employment |
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Unearned income |
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Contributions |
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Grants, scholarships |
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Support payments, re- retained or excess child support |
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LIVING WITH A RELATIVE |
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LOANS - BONA FIDE |
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PARENT IN/OUT OF HOME | ||
Primary caretaker |
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PERMANENCY HEARING |
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PLACEMENT |
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RELATIONSHIP | ||
Child and relative same or different surname |
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Paternity or putative paternal relative |
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REMOVAL DATE |
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RESIDENCE |
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SCHOOL ATTENDANCE/ STUDENT STATUS |
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Moved from another state and not pre-registered |
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SSN |
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WYOMING DEPARTMENT OF FAMILY SERVICES | CHAPTER: Attachment 3 |
IV-E Foster Care Policy Manual | SUBJECT: Sample Court Orders |
POLICY NUMBER: IV-E 10 - 001 | EFFECTIVE DATE: 7/1/10 |
The following Court Orders are examples using language which meets the federal
requirements for initial removals and ongoing permanency. Refer to IV-E Policy Manual
Chapter 7 for specific policy on court orders and court order language.
Attachment 3a – Order for Shelter Care – Initial removal
On page 2 of this court order the first and third paragraph have the contrary to welfare language and reasonable efforts to maintain the child in the home. The second paragraph that states reasonable efforts are being made to reunite does not matter since the required language is in other paragraphs. This court order meets the language requirements.
Attachment 3b – Order on Initial Appearance and Shelter Care Hearing
On page 3 of this order in the top half items 1 and 2 have the correct language reasonable efforts to prevent removal and not in the best inters/contrary to the welfare. Item 4 names the placement and item 5 states DFS agrees with the placement showing DFS had input into the placement decision. This court order meets the language requirements.
Attachment 3c – Order Following Shelter Care Hearing – Initial removal
This court order does not meet the reasonable efforts for removal language. On page 2 in the second paragraph it does has the correct best interest language. The reasonable efforts language in this paragraph refers to reuniting the child with the family not the required prevent removal. If there is another court order within 60 days of the removal with the correct reasonable efforts language, the child could become IV-E eligible.
Attachment d – Order Upon Permanency Hearing—Permanency
This order has good language to establish the permanency goal and that reasonable efforts are being made to achieve the goal.
Attachment e – Order on Review Hearing – Permanency
Item 6 states a Permanency Goal has been established as documented in the case plan. This court order may be acceptable if we have a copy of the case plan and the plan establishes to goal and shows the reasonable efforts that have been or are being made to achieve the goal.
Attachment f – Order Upon Review Hearing – Permanency
This order states in item 2 that Guardianship is the permanency goal. However there is no statement that reasonable efforts are being made to achieve this goal. This court order will not meet the requirements for permanency language.
Attachment g – Reconvened 12 Month Review Hearing – Permanency
This court order is not acceptable for permanency language because there is no permanency goal stated and no reasonable efforts language to achieve a goal.
WYOMING DEPARTMENT OF FAMILY SERVICES |
CHAPTER: Forms |
V-E Foster Care Policy Manual | SUBJECT: Instructions to Forms |
POLICY NUMBER: IV-E 11-001 | EFFECTIVE DATE: 07/01/11 |
Below is a list of forms used in the IV-E programs. A symbol in front of the form number indicates the form is automated.
Form # | Form Name and Description |
SS 11 | Voluntary Placement Agreement – This is a negotiated agreement completed by the parent or guardian and DFS during a time when a child is placed into DFS custody voluntarily. |
SS 14 | Financial Affidavit - Use this form when the assistance unit or provider is not currently receiving benefits or payments from the agency or the agency has received a judgment from civil or criminal proceedings and arrangements for payment or repayment are being sought. (If available, Child Support will forward a copy to the Benefit Specialist.) |
SS 28 | Fingerprint Card Cover Letter and Results – This form is used by the caseworker to request fingerprint check on prospective foster and adoptive parents. When the results are returned from DCI, a copy is given to the IV-E Specialist. The IV-E Specialist puts this form in the IV-E compliance file with the provider certificate and Central Registry check. |
SS 28c | District Manager Review of Criminal History Record Information - This form is used by the District/Office Manager when there has been an indication/hit on the DCI SS 28 fingerprint report. The District/Office Manager will indicate on this form if he/she approves or disapproves the provider applicant for being certified. A copy will be given to the IV-E Specialist when the SS 28 shows a hit and the Manager approves the person for certification. |
SS-43 | Adoption Assistance Agreement - The form is to be generated by the Caseworker and furnished to the Benefit Specialist when a request is made for subsidized adoption. |
SS-46 | Annual Review Form for Adoption Assistance – The Caseworker sends this form to the Adoptive Parent(s) for completion. |
SS 60a | Foster Care Placement Certificate or WYCAPS screen – This form is used to verify the child is placed with a certified IV-E provider. |
SS 501 A | Placement Application for Foster Care – This is the application form. It must be used by all children taken into custody. It is completed by caseworker and submitted to the benefit specialist within 7 working days from the date the child is removed from the home. |
SS 611 | Temporary Authorization for Medical Services – This form is used if the child required medical services prior to the application date. |
SS 615 | IV-E Deprivation Statement – This form is completed by the caseworker and submitted to the Benefit Specialist with the SS 501 A Placement Application |
SS 616 | Placement Information Checklist - This form is generated by the caseworker and is to be accompanied by forms SS-11, SS-501A, SS 615, appropriate child support forms and evidence, when good cause is claimed, copy of the court order and copy of the placement contract or other document verifying daily/monthly foster care rate. It is the cover letter for transmitting these forms to the Benefit Specialist. This is an optional form. It is used to assure the caseworker and benefit specialist that all required paperwork is submitted. It will also serve as a reminder of what information is needed to determine eligibility. |
DFS-110 | Statement of Incapacity - This form is used by the Benefit Specialist or the caseworker to obtain information from a medical/mental health professional about an applicant/recipient when s/he claims deprivation is due to incapacity. Send the form to the medical/mental health professional with a postage paid envelope to be returned to the DFSFO. DO NOT release the medical information to the client. (Used for 2-parent families only) |
DFS-421a & b | Family Care and Children’s Health Plans Renewal Notice – This form may be used for the annual Subsidized Adoption Periodic review for children who are residing in Wyoming and another state is responsible for the subsidy payments. This form may also be used when a child goes out of placement or when a Subsidized Adoption child turns 18 and has the continuous 12 months until his next Medicaid periodic review is due in order to determine eligibility for another coverage group. This form is now located in the Equality Care manual. |
DFS-541 | Child Support Cover Letter - Use this form to transmit forms/information to the Child Support Authority. |
DFS-543 | Report to Child Support Enforcement - The DFS-543 is the Report to Child Support Enforcement and is used to gather information necessary for location of the non-custodial parent, establishment of paternity and for enforcement of child support obligations. |
DFS 545/546 FC |
Child In Placement – Child Support Cooperation Notice/Good Cause Claim - This form is used for Children who are in Placement under DFS. The DFS-545 is the Child Support Cooperation Notice and explains the assignment of child support to the State of Wyoming and the right to claim a good cause exemption from. The DFS-546 is the Good Cause claim and records the reason the good cause request is being made. |
DFS-544 | Notice of Retained Child Support - This form is used to provide a method to exchange information between the CSA and the DFS-FO when the recipient has made an assignment of child support and then receives and retains child support payments which are to be submitted to the State of Wyoming. The form may be generated by CSA or the DFS-FO. |
DFS 601 FC | Authorization to Release/Request Information - This is an optional form. When used, it is signed and dated by the child’s parent or guardian of the home the child was removed. The signature must have a witness signature which can be the caseworker, benefit specialist, friend, etc. |
DFS-602 | Foster Care Periodic Review - Give the periodic review form to the caseworker on the first working day of the month in which the periodic review is due. Require completion by the date indicated in the upper left hand corner of the form. The caseworker is to provide past, current and future income, assets and relevant eligibility circumstances for the Benefit Specialist to determine continuing eligibility. |
DFS-603 | Foster Care Case Narrative - The form must be completed by the Benefit Specialist and used to identify in one place the primary factors of eligibility which will be audited or used for periodic reviews. Complete the form at the initial application for foster care. Maintain a case narrative using a Word document, this form or some other means to document the case actions. |
DFS-604 | EA Supervisory IV-E Review Form - This form may be used by the Benefit Specialist supervisor to review the case file and recommendation of the Benefit Specialist for IV-E applications. The IV-E Specialist may use this form as a check list to assure all eligibility factors and documentation are completed. |
DFS 607 | Subsidized Adoption Periodic Review – The Benefit Specialist will send this form to the Caseworker to complete for the annual SA periodic review for all children adopted from Wyoming regardless of which state the child currently resides. |
DFS 607A | Subsidized Adoption Periodic Review – The Benefit Specialist will send this form to the Adoptive parent(s) to complete for the annual SA periodic review for all children adopted outside of Wyoming and the child currently resides in Wyoming. |
DFS-608 | IV-E Court Order Summary – This form must be used by the Benefit Specialist as a worksheet to track the court orders for timeliness and correct language. |
DFS-609 | Title IV-E Foster Care Eligibility Face Sheet – The Benefit Specialist will complete this form for each child who enters foster care and is determined IV-E eligible. |
DFS-610 | School Verification – this is an optional form that may be used by the Caseworker or IV-E Benefit Specialist to obtain verification the school age child is currently attending school. |
ICPC 100 A | Interstate Compact on the Placement of Children – This form is completed by the caseworker when a child is in DFS custody or under the jurisdiction of the court. The file is maintained under the child’s name and birth date. The form and accompany materials are forwarded to the state office. |
ICPC 100 B | Interstate Compact on the Placement of Children – Report on Status Change of Child – This form is completed to notify the state office ICPC consultant of changes in the child’s circumstances. |