5914 Ongoing Eligibility

 

 The activities explained in this section occur throughout a child’s custody episode and relate to the child’s ongoing eligibility. These activities affect administrative and payment eligibility for Federal Financial Participation (FFP). 

 

1. Children/Youth determined basic Title IV-E eligible initially continue to be basic eligible throughout their custody episode if the following criteria continue to be met:                                                                                                                                  
   1. The child meets the age requirement for the Title IV-E program as described in PPM 5911. When the child reaches age 17, documentation regarding school attendance and expected graduation date shall be requested by the PPS eligibility specialist.

1. 2. The child continues to be in the custody of DCF and placed out of the home. The DCF Liaison shall forward journal entries documenting continued DCF custody.

2. Placement Eligibility

1. 1. A child is never maintenance eligible when living in the home of their parent.

1. 2. A child is never maintenance eligible when returning to the home of the specified relative from whom they were removed.

               3.  An eligibility redetermination for a child who is IV-E eligible is completed each time a child changes placement. A                        review is done checking for licensing compliance each time a new placement is entered in the Kansas Eligibility                        and Enforcement System (KEES). If EDBC is not run for 12 months, a review task is generated in KEES to                                prompt the Eligibility staff to run EDBC and update the review date.

 

3. Returning to the Removal Home

1. 1. When a child is placed in their removal home after being in out of home placement whether the removal home is a parent or non-parent specified relative, the child is no longer in Foster Care.

1. 2. When children return to the removal home of a non-parent specified relative but are not identified by the CWCMP as achieving reunification, eligibility remains open and maintenance eligibility is determined based on the placement.

1. 3. Children returned to a parent or non-parent specified relative and identified as achieving permanency by the Child Welfare Case Management Provider, are considered reunified and basic and maintenance eligibility ends the day prior to placement.

4. At Home in State Custody

1. 1. When a child is home longer than six months or released of custody, the child is no longer basic Title IV-E eligible.

1. 1. 1. If a child returns to out of home care in the same custody episode, within six months of being placed at home, the child retains their initial basic eligibility. Their basic eligibility cannot be changed to basic Title-IVE eligible if they were not determined basic Title IV-E eligible initially.

1. 1. 2. If a child returns to out of home care after six months and in the same custody episode, the Eligibility Specialist shall complete a new basic determination. Refer to Section 5911 for criteria in completing an initial determination.

5. Runaway or Absent

If a child is absent from placement or has run away, the child is basic Title IV-E eligible if they remain in DCF custody. Six-month Custody Reviews and Permanency Hearings should continue.

 

6. Judicial

Kansas statute requires judicial findings of contrary to the welfare and reasonable efforts be made; when a child is placed at home longer than six months, remains in the custody of the agency and re-enters out of home placement. A new petition is not required, the month in which the notice was provided to the Court is the eligibility month.

 

1. 1. Emergency Removal

1. 1. 1. If the CWCMP determines the child is in imminent danger and the family is unable to assure the safety of the child, the child will be removed, and the Case Manager will notify the Court by the next working day.

1. 1. 2. The notification to the Court shall include a request for new judicial findings of contrary to the welfare and reasonable efforts.

1. 2. Non-Emergency Removal

1. 1. 1. When the removal does not require emergency actions, the CWCMP shall provide advance written notice to the Court of intent to move the child.

1. 1. 2. The notice of intent to move sent to the Court shall include a request for new judicial determinations of contrary to the welfare and reasonable efforts.

1. 1. 3. Statute allows the Court 45 calendar days from the date of the notice to issue the required Judicial determinations.

1. 1. 4. The Court may respond by setting a hearing no later than 14 calendar days from the date of notice.

1. 1. 5. The Court may issue the judicial determinations without a hearing.

7. Reasonable Efforts to Finalize Permanency

1. 1. Every twelve months the Court must find the agency has made reasonable efforts toward achieving permanency for the child if the child is to remain maintenance eligible. The DCF Liaison shall forward a copy of Permanency Hearing journal entries to the PPS Eligibility Specialists to include in their review of ongoing eligibility.

1. 2. If the finding is not made timely, the child’s maintenance eligibility ends the month the finding is due.

1. 3. Maintenance eligibility resumes on the first of the month the findings are made.

1. 4. Eligibility Specialists shall determine how the permanency hearing will be coded in the Kansas Eligibility and Enforcement System (KEES):

1. 1. 1. Permanency hearings with language meeting Title IV-E requirements will be coded in KEES as “PH”.

1. 1. 2. Permanency hearings with language indicating the Judge did not find reasonable efforts will be coded in KEES as “PH-No Efforts”, resulting in an aid code of “NOS”.

1. 1. 3. Permanency hearings where no finding of reasonable efforts have been made (no language in the order), shall be coded in KEES as “Custody Review” resulting in an aid code of “NOR”.

8. Managing Court Documents

Eligibility Specialists shall enter the following court documents into the Kansas Eligibility Enforcement System (KEES) until the child’s case is closed:

 

1. 1. Petition
   2. Ex Parte Order
   3. Temporary Custody Order
   4. Adjudication
   5. Disposition
   6. Permanency
   7. Review Hearings
   8. Parental Rights Terminated
   9. Change of Venue
   10. Release of Custody
       1. Court documents coded in KEES as “PH” or “Custody Review” will transfer from KEES into the Family and Child Tracking System (FACTS).
       2. FACTS staff will continue to enter all other court orders which do not transfer from KEES.
       3. Eligibility Specialists shall journal receipt of court documents in KEES if received after the eligibility case has closed.
       4. Journal Entry releasing the child from custody of the State must be journaled to the case in KEES.