5911 Title IV-E Determination for Basic Eligibility – Administrative Funding
A child shall be determined eligible for basic Title IV-E Administrative claims if all criteria in this section are met (PPM 5911). A determination may be left in pending status for up to 30 days to allow time to acquire documents or information needed. An initial determination for basic Title IV-E eligibility is made each time there is a new custody episode. A custody episode is defined as the time frame a child enters State custody to the date the child is released from State custody. (see explanation of Custody Episode in PPM 5910 B.2) If a child is determined basic Title IV-E eligible initially, they remain basic eligible throughout their custody episode. This determination ends once they are released from State custody.
The following exceptions apply:
A. If the child re-enters out of home care after being placed home longer than six calendar months while remaining in State custody, a new basic eligibility determination must be completed upon the date of re-entry. If home six months or less with continuous custody, a new determination is not needed. The six calendar months begins the month following the month the child returns home.
B. The child turns 18 years of age and is not enrolled in a secondary school or training program. Basic Title IV-E eligibility ends at the end of the month the youth turns 18. If the youth remains in State custody they are no longer Title IV-E Eligible and their basic eligibility becomes State funded.
C. The youth is 18 years of age and not expected to graduate before the age of 19. The youth is no longer Title IV-E eligible and their basic eligibility becomes State funded.
If a child is determined ineligible for basic Title IV-E Administrative funding initially, they will remain ineligible throughout the custody episode. Their cost of care will be funded through the State.
Basic eligibility is effective the first day of the month in which all eligibility criteria are met. A child who is IV-E basic eligible during any part of the month is basic eligible for the entire month until events listed above.
Dual Custody Cases
When a child/youth is in the custody of DCF and placed in Kansas Department of Corrections (KDOC) - Community Based Services (CBS) custody (dual custody), KDOC is responsible for the care and treatment of the child/youth. This includes payment for the youth’s placement. If DCF custody was not released at the time the child/youth entered KDOC custody, DCF responsibility for care and treatment of the child/youth will resume on the day the child/youth is released from KDOC - CBS custody. Child/youth that come into DCF custody from KDOC will be determined state funded using aid code GA01N-GAB. See 5892(C)(2).
Reasonable and Prudent Person Standard
Documentation of Title IV-E eligibility determinations shall meet the “Reasonable and Prudent Person Standard”. A “Prudent Person” is someone exercising good judgment or common sense. A child shall be determined basic Title IV-E eligible if the Eligibility Specialist has adequate facts and documentation which clearly support a prudent person would concur the child meets Title IV-E eligibility criteria. If there is reason to believe additional information or documentation can be located making the child basic Title IV-E eligible, the worker shall determine the child as “pending” for up to 30 days.
Documentation
Documents supporting Title IV-E eligibility can include, but is not limited to PPS eligibility forms, PPS program forms, court documents, system screen prints, and email documents. Eligibility Specialists shall keep working files (electronic) containing the child’s eligibility determination and any supporting documentation. Any paper IV-E file closed prior to KEES Phase 3 (August 2017) should be merged with the foster case file Section 13.
Basic (Administrative) Title IV-E Eligibility Criteria
A. Judicial Requirements
1. Court Order-State Custody
a. There shall be a court order establishing the State agency has custody of the child.
b. State agency refers to the Department for Children and Families (DCF) or Kansas Department of Corrections (KDOC) from here forward. The Court will award custody to the Secretary of either agency dependent upon whether child is a Child in Need of Care or Juvenile Offender.
When a court order transfers custody of a child/youth from DCF custody to KDOC-CBS custody it is the same custody episode when child is released from KDOC custody but remains in DCF custody. A new eligibility determination will not be completed.
2. Contrary to the Welfare (CTW) Judicial Finding
a. In the first (initial) court hearing authorizing removal, the Judge must find continuing in the home would be contrary to the welfare of the child or removal is in the best interest of the child. The finding must include language which describes the circumstance in the home the child is being removed from.
b. Affidavits, Nunc Pro Tunc, or orders citing only the law and statute are not acceptable documentation of CTW, and do not meet Title IV-E criteria.
c. Unless the court order specifically approves a delay of placement into foster care, physical removal of the child from the home shall occur by 5pm of the next business day following the date CTW findings are made. If the child is unable to be located, concerted efforts is a requirement to be IV-E eligible. Documentation is obtained from the CPS specialist and to be reviewed by the regional Program Administrator.
d. If the court places the child in custody other than DCF at the time of removal, the CTW requirement remains if the child is to be determined Title IV-E eligible if later placed in the State’s custody.
When making an eligibility determination, the eligibility specialist shall look back to when the child was first removed. The eligibility specialist shall determine whether CTW findings were made and met criteria in the initial order removing the child from their home. If the findings were made and the child remains in their original out of home placement, they will meet the CTW requirements if/when they are later placed in DCF custody.
e. A child placed in a foster home without court action due to a parent voluntarily relinquishing their parental rights to the State may be eligible for basic Title IV-E. The initial court order must be received within six months of the relinquishment. The court order must include CTW findings.
B. Eligibility Month
1. Assessment of AFDC relatedness; age, citizenship, specified relative/removal, deprivation, and financial need/resources, must be based on circumstances in the home during the eligibility month.
a. The month DCF initiates court involvement which leads to removing the child, is the eligibility month, except when:
i. A private CINC petition is filed, the month in which it was filed is the eligibility month.
ii. Affidavits, Complaints, Applications and Amended Petitions may be kept with Title IV-E documentation but are not used to determine the eligibility month.
2. A child entering out of home care does not define the eligibility month. The child’s removal date may occur in a different month than the filing of the petition. In these situations, the date of the petition continues to determine the eligibility month. The following exceptions apply:
a. If the petition is filed more than six months prior to the child being placed out of home. Under these circumstances the month in which the child is removed determines the eligibility month.
b. If the child is placed in DCF custody prior to the filing of the petition, the month DCF is awarded custody is the eligibility month.
C. Determination of AFDC relatedness
1. Age – A child must be under the age of 18 to be Basic Title IV-E eligible.
a. A youth can maintain Basic Title IV-E eligibility when they are between the ages of 18 and 19 if they are enrolled in a secondary school or an equivalent training program, continuing in the custody of the State and expected to complete their program of study prior to or in the month of their 19th birthday.
i. Once the youth turns 19 years of age, eligibility ends. Under no circumstance shall eligibility continue beyond the child’s 19th birthday.
ii. If the youth achieves completed status in their program of study prior to the pre-determined graduation date, Basic Title IV-E eligibility will end effective the end of the month in which requirements have been met and notice is received.
iii. If at any time during the youth’s 18th year, it is determined the youth will not complete their program of study by the month of their 19th birthday, the youth’s Basic Title IV-E eligibility ends effective the date notification is received.
b. A youth turning 18 years of age who is not attending a secondary school or equivalent training is no longer Basic Title IV-E eligible. If the youth continues in the custody of the State, Basic Title IV-E eligibility shall end at the end of the month in which the youth turns 18 years of age.
2. Citizenship – The child must be a United States citizen by birth, through naturalization or legally admitted for permanent residence to be determined Basic Title IV-E eligible.
a. Acceptable forms of verification
i. Public Birth Record
ii. Birth Certificate
iii. Passport
iv. Hospital Proof of Birth Letter on Letterhead
v. Attending Physician statement showing place of birth
vi. Final Adoption Decree showing child’s name and place of birth
vii. Citizen Identification Card (I-197 or I-179)
viii. Naturalization Paperwork
b. U.S. citizenship includes individuals who are:
i. Born within the United States, regardless of the citizenship of their parents.
ii. The Child Citizenship Act (CCA) declares children who are younger than 18 years of age and have at least one parent who is a U.S. citizen whether by birth or naturalization, who immigrate to the U.S. with a U.S citizen parent, automatically acquire U.S. citizenship upon entry for lawful permanent residence; or
iii. Born outside the U.S. of alien parents and has since been naturalized as a U.S citizen. A child born outside the U.S. of alien parents automatically becomes a citizen after birth if his parent(s) are naturalized before the child becomes 16 years of age.
iv. Qualified Alien – As indicated in the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996, the term “qualified alien refers to: An alien who is lawfully admitted for permanent residence under the Immigration and Nationality Act (INA); An alien who is granted asylum under section 208 of the INA; A refugee who is admitted to the U.S. under section 207 of the INA; an alien who is paroled into the U.S. under 212(d)(5) of the INA for a period of at least one year; an alien whose deportation is being withheld under section 243(h) the INA as in effect immediately before April 1, 1997, or section 41(b)(3) of the INA; an alien who is Cuban or Haitian entrant; an alien (or the child of parent) who has been battered or subjected to extreme cruelty in the U.S.
c. Children who are in the United States under a visitor’s visa, tourist’s visa, or student arrangement are not Basic Title IV-E eligible.
d. Tribal enrollment card alone is not sufficient to meet the citizenship verification requirement.
e. If the child is an unaccompanied refugee and has been in the country under 5 years, they cannot be Basic Title IV-E eligible.
f. A child cannot become Basic Title IV-E eligible upon securing Special Immigrant Juvenile Status (SIJS) if they did not hold this status at the time of each custody episode.
3. Specified Relative/Removal- The child must have lived with a specified relative in the month court proceedings were initiated or within any of the six calendar months prior to the eligibility month to be Basic Title IV-E eligible. Identifying the correct specified relative ensures an accurate determination is made on the removal home and AFDC group members. The specified relative with whom the child most recently lived during the eligibility month or within six months prior, is considered the relative from whom the child was removed.
A specified relative is defined as any relation by blood, marriage or adoption who is within the fifth degree of kinship to the dependent child. This includes great-great-great grandparents and first cousins once removed (children of first cousins). When determining Title IV-E eligibility, any otherwise eligible child under age 18 who is removed from the home of a relative and is within the fifth degree of kinship to the child, will be eligible for assistance under Title IV-E. A chart reflecting 5th degree of relationship can be found in the KEES User Manual T-6 Relationship Chart.
a. Spouses of any persons listed in the above group are within the scope of these provisions, even though the marriage is terminated by death or divorce.
b. Specified relative Title IV-E eligibility criteria is met if a newborn child is placed in the State’s care and custody directly following birth in a hospital or following birth to an incarcerated prisoner.
c. Practice Clarification: Parent is defined as a biological or adoptive parent whose parental rights have not been terminated or relinquished. A biological or adoptive father or mother whose rights have been terminated or relinquished would be considered a non-parent specified relative and not a parent.
d. A non-related permanent custodian does not meet the specified relative criteria.
4. Removal Home – The child must have been removed from the home to meet Basic Title IV-E eligibility.
a. The eligibility specialist must first consider the initial court document when determining the removal home. The home referenced in the Judicial finding of contrary to the welfare is the home which must be determined as the removal home.
b. If the child is removed from a non-parent specified relative and judicial findings of CTW are not made regarding circumstance in their home, the eligibility specialist must consider the parent with whom the child most recently lived as the removal home. If the child has not lived with a parent in the eligibility month or within six months prior, they cannot be Basic Title IV-E eligible.
c. If the parent lived in the home at any time during the eligibility month, they must be considered in the removal home and AFDC group at determination.
d. The child can be considered removed from the home if the following occurs:
i. Physical Removal: The child has been physically removed by the agency from the home or physical custody of a specified relative. If the specified relative is on the run with the child and the agency is unable to locate the child for removal, there must be concerted efforts documented by the CPS Specialist to find the child. The child’s eligibility will not begin until DCF has physical custody of the child.
Constructive Removal: This removal is considered a “paper removal”. An example of this is when the agency receives custody of the child, but the agency does not physically remove the child from their current household. In this situation, the eligibility specialist would look back to see if the child had lived with another specified relative in the eligibility month or within the past six months. The specified relative the child lived with prior to the specified relative they are currently residing then becomes the home in which the child was removed. If judicial findings of CTW do not address the circumstances related to the child’s living with the prior specified relative, the child cannot be Basic Title IV-E eligible.
e. Scenarios for meeting removal criteria:
i. Child removed from a specified relative at the time the petition was filed (eligibility month) with the Court and placed in out of home care. The removal home is the home of the specified relative the agency removed the child from.
ii. Child removed from a non-specified relative but had lived with a specified relative within six months prior to the petition (eligibility month). The removal home is the most recent specified relative where the child resided within six months prior to the eligibility month.
iii. The State leaves the child in the home of a non-parent specified relative, but the child had lived with a different specified relative within six months of the petition (eligibility month). The most recent specified relative with whom the child lived in the six months prior to the petition (eligibility month), is the removal home.
iv. Child has been living with the same specified relative for over six months. The state is granted custody of the child but leaves them in the home of this specified relative. The agency removes the child from this specified relative at some point in the six months following the petition (eligibility month).
a. The specified relative with whom the child lived six months prior to the petition (eligibility month), at time of constructive removal, and following.
b. If the agency did not remove the child from this specified relative within six months after the petition (eligibility month), the child would not be Basic Title IV-E eligible. If the child enters out of home care, a new eligibility determination is required.
v. Child removed from a non-parent specified relative and judicial CTW findings are regarding circumstances with this same non-parent specified relative or about the circumstances with parental specified relative with whom the child most recently lived during or within six months prior to the petition (eligibility month).
a. The removal home is the home addressed in the judicial findings.
b. If a finalized adoption disrupts and the child is placed in the agency’s custody with placement out of home, the adoptive parents are the removal home.
5. AFDC Group – The AFDC group are the individuals in the household when the petition/complaint (eligibility month) was filed. The income and resources of these individuals must be considered in whether this child meets financial need criteria for Basic Title IV-E eligibility. The eligibility specialist should look at the entire eligibility month regardless of the actual date within the month the petition/complaint (eligibility month) was filed or child was removed. Meaning, if a parent lived in the home at any time during the eligibility month, they and their income and resources must be considered as part of the AFDC group.
a. When a child is removed from their parent(s) home, the AFDC group includes birth or adoptive parents, the child in custody and any minor siblings (birth, adoptive, half) of the child in custody.
b. Practice Clarification: Parent is defined as a biological or adoptive parent whose parental rights have not been terminated or relinquished. A biological or adoptive father or mother whose rights have been terminated or relinquished would be considered a non-parent specified relative and not be considered as part of the AFDC group.
c. A deployed parent serving in the U.S. Military is considered part of the household and part of the AFDC group.
d. An adoptive sibling receiving adoption assistance is not included in the AFDC group. When the child is removed from the home of a non-parent specified relative, the AFDC group includes the child in custody and any minor siblings (birth, adoptive or half) who were living in the home at any time during the eligibility month.
If the child, whose eligibility is being determined, is receiving adoption assistance, do not count the child's income and resources when determining financial need; however, count the child as a member in the AFDC group size.
e. Do not Include the stepparent and their children residing in the same household as the child at the time of removal as members in the AFDC group if using Option one for deeming stepparent income. (options explained in section C.8.e.)
f. Include the stepparent and their children as members of the AFDC group if using option two unless the biological parent is missing. (options are explained in C.8.e.)
g. Individuals in the AFDC group who receive SSI benefits: Household members receiving SSI benefits are not counted as members of the AFDC group. If the child in custody receives SSI, they are still counted in the AFDC group, but their income and resources are not.
h. Guardian/Conservators are not part of the AFDC group and their income is not counted.
6. Deprivation – a child must be deprived of support of one or both parents (married or unmarried, if paternity is established) during the eligibility month. Deprivation exists if one of the following circumstances is present in the removal home during the eligibility month:
a. Parent Deceased
b. Parents separated/divorced (Not living together)
c. Parent’s whereabouts are unknown / Parent is absent (If the absent parent is serving in the U.S. Military, deprivation is not met.)
d. Parent is Institutionalized/Incarcerated
e. Parent is incapacitated or disabled.
The parent must be determined disabled or incapacitated for at least 30 days by means of competent medical testimony. If the parent(s) is receiving SSI or SSA payments because of disability or blindness, the incapacitation requirement is met and verification of the SSI or SSA payments shall be included in the record (ex; award letter, copy of check, caseworker documentation). Mental disabilities shall be documented by psychological evaluation and state the mental disability impacts the person’s ability to parent.
f. Parental rights have been terminated or relinquished prior to the eligibility month.
g. Both parents live in the removal home, only one parent is working, and their earned income falls below the AFDC needs standard for the group. If both parents are unemployed, the deprivation factor is met.
7. Shared versus Non-Shared - Income of the AFDC group is compared against the prescribed AFDC Need Standard income limits for the group size to determine financial need. The AFDC need standard income limit for the group size can vary by county and by the roles of individuals in the group. To determine the correct needs standard income limit, a shared/non-shared determination is made based on the adults living in the household who are part of the AFDC group.
a. A stepparent present in the removal home does not determine the household to be shared.
b. Households with adult SSI recipients:
i. If the SSI payment is less than the full payment the AFDC Need Standard is non-shared
ii. If the SSI payment is the full amount the AFDC Need Standard is shared
iii. A child receiving SSI has no bearing on whether it is shared or non-shared.
c. AFDC groups which do not include a parent are always considered shared and wages are not counted. Including grandparents, aunt, uncle, related adult, a related permanent custodian.
d. If the household consists of any other adults, including adult siblings, who are not part of the AFDC group the AFDC Need Standard is shared.
8. Financial Need - The income of the AFDC group is tested against the needs standard income limits. Income is calculated utilizing countable earned and unearned income of the AFDC group.
The following general rules are applicable:
a. Income must be such that its value can be defined and measured objectively.
b. Only documented income should be counted (IE; custody court orders, 5410A, DCF systems, employment verification systems)
c. Income shall be considered available when a member of the AFDC group has a legal interest therein and the legal ability to make it available.
d. Countable Earned Income – is income in cash or in-kind for which a person performs a service. Examples include:
i. Wages, salaries, tips (before taxes)
ii. Bonuses
iii. In-kind income for work (e.g. shelter received for work)
iv. Work study
v. Self-employment/farm income
vi. Severance pay
e. Countable Unearned Income – is income received by an individual for which no service is performed. Examples include:
i. Armed forces allotment and receipts from a deployed parent
ii. Child support/alimony (minus $50.00): (Child support arrearage payments are counted as unearned income in the month the payment is received.)
iii. Disability insurance (sick pay)
iv. Dividend payment
v. Income for continuation payments
vi. Income from relatives (Income deemed from stepparents)
vii. Inheritance payments
viii. Interest, money payments
ix. Money from churches, charitable organizations, friends, lodges or unions
x. Retirement or Pension (union, private or government)
xi. Social Security payments (non-SSI)
xii. Lump Sum Payments – is a non-recurring or advance payment not earmarked for a specific purpose. Lump sum payments are counted as income in the month received. Examples of lump sum payments include retroactive SSA benefits, stock dividends, life insurance settlements, etc.
xiii. Striker’s benefits
xiv. Veteran’s benefits
xv. Worker’s compensation
xvi. Unemployment compensation
f. Exempt Earned and Unearned Income – Examples Include:
i. Supplemental Security Income (SSI)
ii. Food programs, such as food stamps, WIC, USDA food surplus
iii. TANF
iv. Payments for home energy assistance and rental subsidies
v. Loans or grants administered by the U.S. Commissioner of Education
vi. Foster Care payments
vii. Adoption Assistance payments
viii. JTPA unearned income
ix. Earned income of child who is a student
x. Income tax refunds and earned income tax credit (EITS) payments
xi. Trust funds not available upon demand
xii. Case to pay for shared living expenses (from person not in the AFDC group)
xiii. Loans, including reverse home equity loans, endorsed for repayment
xix. TANF Tribal allotment
xv. Income derived from a state’s “job training program” (CFR-233.20)
xvi. Covid relief payments, including extra unemployment from Federal Government sources
g. Converting Income to Monthly Amounts
i. In determining the earned and unearned income of the child’s AFDC group, the eligibility specialist will need to convert income payments to a monthly amount for each applicable person.
a. Bi-weekly (paid every other week) income must be multiplied by 2.15
b. Semi-monthly (paid twice per month) income must be multiplied by 2
c. Weekly must be multiplied by 4.3
d. Quarterly (paid once every three months) must be divided by 3
ii. Whose income shall be included in the financial need determination
a. Parents (biological, adoptive (rights intact), step (See PPM 5911C.3.a)
b. Deployed parent
h. Deeming Stepparent’s Income
i. Option One - Stepparent’s AFDC group includes the stepparent, any non-mutual minor children living in or out of the home. Deem the stepparent’s income and include in the child’s 185% and 100% AFDC group Need Standard Income Test. See the EP Appendix A to determine the amount to be deemed. When you deem the stepparent’s income, the stepparent and members of their AFDC group are not counted in the child’s AFDC group. Only the deemed income is included. The living arrangement is always non-shared when determining the AFDC Needs Standard Income limit.
ii. Option Two - Include the stepparent and their children (not related to the other parent in the home) residing in the home at the time the child was removed, in the AFDC group. Include their full countable earned and unearned income. Use option 2 when the stepparent has little or no income.
iii. Please see PPS-5410B.1
i. 185% Gross Income Test – If income is less than the Gross Income Limit of 185% of the Federal Poverty Level for the group size, the group meets this income requirement and will move on to the 100% AFDC Need Standard Income test. See PPS-5410B.
j. 100% AFDC Need Standard Income Test – Total Adjusted Income must be less than the AFDC Need Income limit for this AFDC group size, living arrangement and county to be Basic Title IV-E eligible. See PPS-5410B
k. Resources – Defined as “a resource a person possesses or owns”.
i. A resource value is determined by its equity. Equity value is determined by the current market value minus any debts still owed on the resource.
ii. To be eligible for Basic Title IV-E eligibility the child’s AFDC group must not exceed the maximum limit of $10,000.00 in resources.
iii. Countable resources:
a. Bonds
b. Credit union savings
c. Income property
d. Real estate (the home the family resides in is exempt)
e. Savings accounts
f. Stocks
g. Vacation homes
h. Vehicles (Deduct $1500.00 from total Equity value) (Vehicles seven years and older are valued at $100.00)
iv. Exempt Resources:
a. Inaccessible trusts (includes per capita tribal payments to foster child)
b. Burial plot (one per AFDC group member)
c. Home of residence and surrounding acreage
d. Funds for relocation (Uniform Relocation Act)
e. Household furnishings and clothing
f. Personal jewelry
g. Farm/Business inventories/tools used to produce income
9. Infants of Teen Mothers
a. An infant of a teen mother in the custody of the agency can be automatically Basic Title IV-E eligible if the following criteria are true:
i. The infant is not in DCF custody
ii. The infant is placed together in the same family foster home or facility as their mother
iii. The Child Welfare Contract Management Provider is paying for the cost of the infant’s care in the placement.
b. If an infant comes into custody of the agency and is directly placed with their teen mother who is also placed out of home, they are not Basic Title IVE eligible. The child has not been removed from the home and remains with the parent specified relative.
c. When the infant enters custody of the agency and is placed separately from their teen mother initially, the infant and the mother may be Basic Title IV-E eligible as determined individually. The infant’s Title IV-E eligibility would be determined based on their teen mother’s income and resources.
10. Abandoned Children- An abandoned child whose parents are unknown shall be determined state funded using aid code GA01N-GAB. This does not include a parent who leaves a child with a friend or relative and is unreachable, but the identity of the parent is known. In either scenario, all the IV-E eligibility requirements must be met for a child on whose behalf title IV-E foster care or adoption assistance is claimed. Determining a child's financial need requires DCF to examine the parents' income and resources. In the case in which the identity of the parents is unknown, including when a child has been abandoned, DCF will not have any financial information on which to make an AFDC eligibility determination. The worker cannot presume that a child would meet the eligibility requirements simply because the child has been abandoned.