Department for Community Based Services

Standards of Practice Online Manual

31.6 Reasonable Efforts in Determining Title IV-E Eligibility

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:
31.6 Reasonable Efforts in Determining Title IV-E Eligibility
Version:
1

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Legal Authority/Introduction

LEGAL AUTHORITY:

Procedure

  1. The CBW determines that the court order from the judge meets one of the following:
    1. That a reasonable effort was made to prevent the removal prior to the placement of the child; 
    2. Reasonable efforts were not required because:
      1. The parent has subjected the child to aggravated circumstance (as defined by state law, which may include but is not be limited to abandonment, torture, chronic abuse and sexual abuse);
      2. The parent has:
        1. Committed murder of another child of the parent;
        2. Committed voluntary manslaughter of another child of the parent;
        3. Aided or abetted, attempted, conspired or solicited to commit such a murder or voluntary manslaughter;
        4. Committed a felony assault that results in serious bodily injury to the child or another child of the parent; or
        5. The parental rights of the parent to a sibling have been terminated involuntarily.

Practice Guidance

  • As described in SOP 31.3 Required Title IV-E Judicial Determination, the Cabinet is required to make reasonable efforts to prevent or eliminate the need for removal of the child from his home or to make it possible for the child to safely return to the child’s home in order for a child to be eligible and reimbursable under title IV-E.
  • To verify that the requirement has been met, the Cabinet is required to provide evidence of its actions to a court of competent jurisdiction, and the judge rules in a court order whether the agency has in fact made reasonable efforts.  The judge must determine in a court order if such reasonable efforts were made and that the child’s health and safety are of paramount concern.
  • A court order within sixty (60) days of placement signifying any one of the reasonable effort requirements meets the initial title IV-E eligibility.
  • From the date of the court order, which includes one of these judgments, (assuming all other eligibility criterion is met) the child becomes initially IV-E eligible and remains IV-E eligible for the duration of the child’s placement episode. Thereafter, the court must make an additional finding at least once every twelve (12) months that reasonable efforts to finalize permanency for the child are being made, or that efforts to reunite the child and family are not required.
  • If such a determination is not made, title IV-E reimbursability ceases at the end of the twelfth (12th) month following the last judicial finding of reasonable efforts and begins again in the month when such judicial determination is once again made.

 

 

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