Department for Community Based Services

Standards of Practice Online Manual

31.7 Best Interest Determination for a Voluntary Commitment Agreement

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:
31.7 Best Interest Determination for a Voluntary Commitment Agreement
Version:
1

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Legal Authority/Introduction

LEGAL AUTHORITY:

Procedure

The CBW:

  1. Obtains a court order from the SSW containing the required IV-E judicial determination language within one-hundred, eighty (180) days, or the child is not IV-E eligible or reimbursable for the duration of the out of home placement episode;
  2. Establishes the date by which the required judicial determination must be obtained for each voluntary commitment;
  3. Notifies the SSW within one-hundred, twenty (120) days of the date when the judicial determination has not been obtained;
  4. Discontinues the child’s IV-E eligibility after one-hundred, eighty (180) days of placement upon notification from the SSW that the required judicial finding has not been obtained.

Practice Guidance

  • As described in SOP 31.2 Title IV-E Eligibility and Reimbursability, when a child is removed from the home pursuant to a voluntary commitment and the placement is expected to exceed one-hundred, eighty (180) days, the Cabinet files a petition seeking court ordered custody of the child.
  • As described in SOP 31.2 Title IV-E Eligibility and Reimbursability, a court order containing the required IV-E judicial determination language, that placement is in the child’s best interest and that reasonable efforts to prevent removal were made or are not required.

 

 

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