5912 Title IV-E Determination for Federal Financial Participation – Maintenance Funding
A child who is eligible for Federal Financial Participation (FFP) is often referred to as being payment or maintenance eligible. A child is eligible for Federal Financial Participation (FFP) in the Federal Title IV-E maintenance program if they are determined Basic Title IV-E eligible, meet specific judicial and placement criteria and are not receiving Supplemental Security Income.
A. Judicial Determination
1. In the first (initial) court hearing authorizing removal, the Judge must find reasonable efforts have been made to prevent the child’s removal or an emergency existed making it not possible for reasonable efforts to be made. (45 CFR 1356.21)
2. Judicial language related to the reasonable efforts finding is separate from findings related to contrary to the welfare.
3. The finding of reasonable efforts to prevent removal and the language documenting this finding must be in the initial court order removing the child Effective March 27, 2000, Affidavits and Nunc Pro Tunc are not considered the initial court order, and the findings and language documented in them do not meet the FFP criteria.
4.The language in reasonable efforts to prevent removal must be documented in the initial court order. If the court order only references the applicable state law absent the language it does not meet FFP criteria. (45 CFR 1356.21)
5. If the initial court order removing the child from home does not include the finding of reasonable efforts to prevent removal language, the child cannot be FFP (maintenance) eligible during this custody episode except when:
A child placed out of home, then reunified in their parental home six calendar months or longer with continuous DCF custody and returned out of home will require a new determination. The six calendar months begins the month following the month the child/youth returns home. In making this determination, there must be a removal order and a new finding of reasonable efforts to prevent removal. If this finding is made and documented in the custody order removing the child from the home, the child will meet requirements for FFP as it relates to reasonable efforts to prevent removal.
B. Placement
A child or youth must be placed in an eligible placement to meet criteria for FFP. An eligible placement is contingent upon the type of placement and the licensure status. If a child or youth is continuously placed in a licensed home, they remain FFP eligible for the entire month(s) the home has met full licensing standards. This includes when the home has full licensure only part of the month. FFP eligible placements shall meet DCF standards and be licensed by the agency.
1. Placements eligible for FFP:
a. DCF Licensed family foster home.
i. If the child’s placement is outside of Kansas, their placement must meet licensing standards in the state the home is located.
ii. This includes adoptive homes post signing of APA and up to adoption finalization if the home continues to remain licensed.
b. Licensed Relative
c. Licensed Kinship Home
d. Private Group Home
e. Child Care Facility
f. Shelter Care Facility
g. Secure Care Facility
h. Qualified Resident Treatment Program (QRTP) Facility
i. Publicly operated (by a branch of government) childcare facility, licensed for no more than twenty-five children.
j. Transitional Living Program (TLP)
k. Community Integration Program (CIP)
2. Ineligible Placements
a. Medical Facilities
b. Psychiatric Residential Treatment Facility (PRTF)
c. Unlicensed family foster homes
d. Detention facilities
e. Forestry camps
f. Publicly operated childcare group homes with more than twenty-five children.
g. Training schools
h. Locked and secured facilities used primarily for detention purposes.
i. Court ordered placements – where the court directly orders the agency to place the child in a specific placement.
j. Adoptive placements at finalization - Adoptive placements no longer licensed, post signing of APA.
k. Independent Living Setting not a TLP or CIP in which youth is living on their own supported by a Child Welfare Case Management Provider and remain in DCF custody.
NOTE: Children coming into out of home care who are placed with a parent whose rights had been previously terminated or relinquished: Title IV-E foster care maintenance payments are available for AFDC-eligible children who have been removed from their own homes and placed in a foster family home or congregate care facility. By definition, foster care is provided by someone other than a biological parent. While a termination of parental rights severs the legal ties between the parent and the child, it does not change the biological relationship with the child. A child living with his parents would not be considered to be living in a foster home and, thus, would not be eligible for title IV-E foster care maintenance payments. (Source/Date ACYF-CB-PIQ-89-04 (8/8/89) Legal and Related References Social Security Act - Sections 472 (a)(2)(A) and (C), Section 472 (b))
3. AWOL
a. If a child/youth in the custody of DCF runs or is absent from their placement, the Eligibility Specialist shall continue to monitor the child’s case for Journal Entries including ongoing agency custody and regular permanency hearings. The state may claim administrative eligibility and the child remains Basic Title IV-E eligible while on the run if both six-month periodic review hearings (ongoing agency custody) and permanency hearings occur as required. The child/youth is not Title IV-E FFP (maintenance/payment) eligible while on the run.
4. Respite Care
a. A child or youth remains eligible for Title IV-E FFP when they stay temporarily or short-term in a respite home if the home is an eligible licensed foster home or facility.
5. Relative placements
a. The CWCMP case managers may choose a relative placement for the child/youth. Relatives may choose to apply to be approved by DCF, receive TANF or become payee of the child/youth’s SSI, if receiving benefits. If the relative placement chooses to be approved by the CWCMP, this does not equate to being a licensed eligible placement. If choosing to become payee for SSI benefits, the case manager will refer the relative to the Social Security office.
C. Supplemental Security Income (SSI)
A child’s basic eligibility does not change if or when they become eligible for SSI. If receiving SSI, the child is no longer FFP eligible. The child is not FFP eligible regardless of who the representative payee is. DCF contracts with Kansas Legal Services (KLS) to apply for SSI on behalf of disabled children entering foster care and not already receiving SSI. When entering out of home care, the child is referred to a Child Welfare Contract Management Provider. This Provider refers the child to KLS along with needed background information.
While waiting for the outcome of the child’s SSI eligibility determination, the child is not FFP eligible. If the child is determined to be SSI eligible, the agency may receive a lump sum benefit on their behalf. A request from DCF to Social Security can be made to request back benefits (see PPM 5927 – 5929 for more information).
When a court transfers custody between DCF and Kansas Department of Corrections (KDOC) – Community Based Services (CBS), the Eligibility Specialist shall notify any agency from which the child/youth receives benefits (SSA, VA, etc.) to inform them which agency is now responsible for the child/youth’s placement and care. If the child/youth is transferring from DCF to KDOC, the Eligibility Specialist shall provide a copy of this notification to the local KDOC- CBS agency.
1. Psychiatric Residential Treatment Facility (PRTF)
a. Eligibility Specialist shall notify the Social Security Administration (SSA) when a child is placed in a PRTF, acute psychiatric facility or state hospital.
b. SSA will calculate potential benefit reductions while child is in this placement, See PPM 5929.
2. Payee
a. In most cases, DCF is the representative payee for SSI benefits on behalf of a child in Foster Care and placed out of the home.
b. If a third party is acting as payee on behalf of the child, the third party is responsible for completing and submitting the Representative Payee Report to SSA.
3. Suspension of SSI Benefits
a. DCF may request a suspension of the child’s SSI benefits for up to one year.
b. SSA must approved the suspension.
c. 3rd Party Representative Payees in receipt of SSI on behalf of the child are not considered a suspension of benefits.
d. During the time benefits are suspended, a child determined basic Title IV- E eligible may resume FFP.