Rule 37.49.401 - IV-E ELIGIBILITY: A CONDITION OF NEED MUST EXIST(1) A child is not IV-E eligible unless the requirements in ARM 37.49.102 are met.(2) After the initial determination of IV-E financial eligibility, the child is not eligible for IV-E benefits as specified in ARM 37.49.102(4) (a) and (b) unless: (a) deprivation of parental support as defined in ARM 37.49.113 exists, and: (i) the child is under 18 years of age; or(ii) the youth is age 18 or a full-time student in a secondary school and is reasonably expected to obtain a secondary school diploma or its equivalent in or before the month of the child's 19th birthday; and(b) a judicial determination that: (i) reasonable efforts to finalize the permanency plan have been made within 12 months from the time the court determined that the child was subjected to abuse or neglect; or(ii) 12 months after the first 60 days of the removal from the home, whichever comes first; or(iii) from the time of the last permanency plan hearing, or within 30 days of a determination that reasonable efforts to provide preservation or reunification services are not necessary;(c) the child is placed in a IV-E eligible and licensed foster care placement; and(d) the child has income and resources equal to or less than the applicable income and resource standards established in ARM 37.49.407 and 37.49.501.Mont. Admin. r. 37.49.401
NEW, 1999 MAR p. 1514, Eff. 7/2/99; AMD, 2003 MAR p. 1196, Eff. 6/13/03.Sec. 53-2-201 and 53-6-113, MCA; IMP, Sec. 53-2-201, 53-2-613 and 53-6-131, MCA;