Department for Community Based Services

Standards of Practice Online Manual

31.3 Required IV-E Judicial Determination

Cabinet for Health and Family Services

Department for Community Based Services
Division of Protection and Permanency
Standards of Practice Online Manual
Chapter:
Chapter 31-Standards of Practice Regarding Title IV-E, Medicaid and Other Applicable Benefits
Effective:
12/3/2010
Section:
31.3 Required IV-E Judicial Determination
Version:
1

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Legal Authority/Introduction

LEGAL AUTHORITY:

Procedure

The CBW:

  1. Determines whether the court orders and voluntary commitment agreement submitted by the SSW meets the IV-E requirements;
  2. Notifies the SSW when an order or agreement is not acceptable;
  3. Provides notice to the SSW at one hundred twenty (120) calendar days into a voluntary commitment agreement to ensure the appropriate court order has been obtained prior to the required one hundred eighty (180) calendar days.

Practice Guidance

  • For IV-E determination:
    • The court order that initially removes a child from the home, referred to as the removal order, must specify that continuation in the home is contrary to the welfare of the child, or best interest language for removal of the child. A removal order may be a temporary custody order as outlined in SOP 11.15 Temporary Removal Hearing or an emergency custody order as outlined in SOP 11.20 Emergency Custody Order (ECO).
    • The court order must explicitly state that reasonable efforts were made or were not required (aggravated circumstances) to prevent the child’s removal as described in SOP 11.8 Judicial Determination of Reasonable Efforts or Aggravated Circumstances. 
  • When the appropriate language is not contained in the judge’s order or court transcript within sixty (60) days of removal, the child is not IV-E eligible for as long as the child remains continuously in out of home care.
  • Each time a child is returned to and removed from the home, a new court order with the required IV-E judicial determinations must be obtained.
  • Occasionally a child in out of home care is returned to the removal home for the purpose of a trial home visit. If a crisis occurs that necessitates removal of the child during the home visit it is not necessary to obtain a new court order authorizing the second removal if the SSW documented in the case plan’s visitation agreement that the purpose of the child’s placement in the removal home is for a trial visit. If the child’s trial visit extends beyond six (6) months, then it is necessary to obtain a new court order authorizing removal which contains the required judicial determinations, unless the court has ordered a longer trial home visit.
 

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