| 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.