Or. Admin. Code § 413-100-0075

Current through Register Vol. 63, No. 12, December 1, 2024

Section 413-100-0075 - Eligibility Status

Each Title IV-E eligibility determination must result in an eligibility status based on the following criteria:

(1) Eligible and Reimbursable. The child or young adult is determined to have met all the Title IV-E eligibility requirements and is in one of the following placement types:

(a) A foster family home that is fully certified with all safety requirements of 471(a)(20)(D) of the Social Security Act complete;

(b) A supervised setting that is approved by the Department, in which a young adult is living independently;

(c) A QRTP, when all the following requirements are also met:

(A) Within 30 days of placement, the child or young adult has received an Independent Assessment for QRTP, as defined in 413-095-0000, that supports the QRTP level of care. If the assessment does not support the QRTP level of care, the child or young adult remains eligible and reimbursable for 30 days after this decision.

(B) Within 60 days of placement, the court has approved the QRTP level of care. If the court does not approve the QRTP level of care, the child or young adult remains eligible and reimbursable for 30 days after the court's decision.

(d) A setting specializing in providing prenatal, post-partum, or parenting supports for youth; or

(e) A setting providing high-quality residential care and supportive services to children who have been found to be sex trafficking victims or are at risk of becoming sex trafficking victims.

(f) For the first 14 days of placement in a placement type described in OAR 413-100-0060(3).

(2) Eligible and Not Reimbursable. The child or young adult is determined to have met all the Title IV-E eligibility requirements, and at least one of the following circumstances applies:

(a) For a period of not more than 180 days, in which an eligible child is placed in the home of a relative who has been issued a Temporary Certificate of Approval.

(b) For a period of not more than one calendar month during placement in a facility not eligible for payments when an otherwise eligible child or young adult transitions directly into Title IV-E reimbursable placement, as described in OAR 413-100-0060..

(c) For the duration of an eligible child or young adult's runaway status.

(d) For up to six months, or no later than the last day of a court-ordered extension, when an eligible child is on trial reunification.

(e) For the duration of an eligible child or young adult's receipt of SSI benefits, when the Department has applied to be, or is the payee of SSI benefits.

(f) For the duration of an eligible child or young adult receiving an independent living subsidy;

(g) For the duration of an eligible child or young adult's placement in a QRTP if the Independent Assessment for QRTP, as defined in OAR 413-095-0000, does not occur within the first 30 days of placement in the QRTP.

(h) For the duration of an eligible child or young adult's placement in a QRTP if the court does not make a determination regarding the placement within the first 60 days of placement in the QRTP.

(i) After the first 14 days of placement in a placement type described in OAR 413-100-0060(3).

(3) Ineligible. The child or young adult is determined to not meet all the Title IV-E eligibility criteria for any of the following reasons:

(a) Permanent. A child is permanently ineligible for Title IV-E foster care maintenance payments for the entire substitute care episode when the Department determines the child is ineligible because:

(A) The Department did not obtain a judicial determination at the time of removal that it was in the best interest of the child to be removed from the home;

(B) The Department did not obtain a judicial determination of reasonable efforts to prevent removal within 60 days;

(C) The Department did not obtain a judicial finding of best interest to continue placement within 180 days of a child's voluntary placement;

(D) The Department is unable to determine whether the child would have been eligible for AFDC based on Oregon administrative rules in effect on July 16, 1996; or

(E) The Department determines that a child did not live with a specified relative for some period during the six months prior to removal.

(b) Temporary. A child or young adult is temporarily ineligible for Title IV-E maintenance payments when any of the following apply:

(A) The child is placed in the month prior to the month in which the court made a finding that it was in the child's best interest to be removed.

(B) The Department does not obtain a permanency finding of reasonable efforts to achieve the permanent plan within the required timelines.

(C) The child or young adult is in a placement that is not Title IV-E reimbursable, as described in OAR 413-100-0060.

(D) The parent or parents establish residency in the home in which the child or young adult resides, and one or both parents are providing caretaking responsibility for the child or young adult.

(E) The young adult does not meet one of the age requirements in OAR 413-100-0230(2)(b).

Or. Admin. Code § 413-100-0075

CWP 103-2018, adopt filed 09/06/2018, effective 9/6/2018; CWP 15-2019, amend filed 02/19/2019, effective 2/19/2019; CWP 140-2020, amend filed 09/28/2020, effective 10/1/2020

Statutory/Other Authority: ORS 418.005, ORS 409.010 & ORS 409.050

Statutes/Other Implemented: ORS 418.005, ORS 409.010 & ORS 409.050