Are children whose legal guardianships disrupt eligible for title IV-E adoption assistance?
Show History Answer: If a child who had been receiving title IV-E foster care maintenance payments prior to a legal guardianship returns to foster care or is placed in an adoptive home after disruption of the legal guardianship, the factors below must be considered in determining the child’s eligibility for title IV-E adoption assistance: 1) Title IV-E Demonstration Waiver States – In States that have an approved title IV-E demonstration waiver from the Department to operate a subsidized legal guardianship program, the title IV-E terms and conditions allow reinstatement of the child’s title IV-E eligibility status that was in place prior to the establishment of the guardianship in situations where the guardianship disrupts. Therefore, if a guardianship disrupts and the child returns to foster care or is placed for adoption, the State would apply the eligibility criteria in section 473 of the Social Security Act (the Act) for the child as if the legal guardianship had never occurred. 2)
Related Questions
- Is it necessary for an adoption assistance maintenance payment to be made on behalf of a Title IV-E adoption assistance eligible child in order for the child to receive Medicaid?
- Can Medicaid be terminated for a Title IV-E adoption assistance eligible child if a family does not complete a redetermination of adoption assistance eligibility?
- Are children whose legal guardianships disrupt eligible for title IV-E adoption assistance?
