Can an unqualified alien become the foster or adoptive parent of a title IV-E eligible child?
Yes. However, the unqualified alien foster or adoptive parent of a child who entered the United States on or after 8/22/96 would be eligible to receive title IV-E payments on behalf of the child only if the child is a United States citizen, is in one of the excepted groups at section 403(b) the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA), or has lived in the United States as a qualified alien for five years. This interpretation is consistent with section 401(a) of PRWORA, which requires aliens to be qualified in order to receive Federal public benefits. Foster and adoptive parents are not recipients of Federal foster care and adoption assistance payments; rather, foster care and adoption assistance payments are made on the child’s behalf to meet his or her needs. • Source/Date: ACYF-CB-PIQ-99-01 (1/14/99) • Legal and Related References: The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PL 104-193) Back to top 8. Question: Both sec
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- Can an unqualified alien become the foster or adoptive parent of a title IV-E eligible child?