Or. Admin. R. 413-100-0335
Current through Register Vol. 63, No. 8, August 1, 2024
Section 413-100-0335 - Title IV-E Adoption Assistance Eligibility Determination(1) A child is not eligible for Title IV-E adoption assistance when: (a) The child is not a citizen or resident of the United States; and(b) The child was adopted outside of the United States or was brought into the United States for the purpose of being adopted.(2) A child that meets the special needs criteria as defined by OAR 413-100-0125 is eligible for Title IV-E adoption assistance when the requirements of at least one of the following subsections are met:(a) In the case of a child who is not an applicable child, the child is eligible for Title IV-E adoption assistance when at least one of the following apply: (A) The child was determined eligible for Title IV-E foster care, in accordance with the eligibility criteria prescribed in OAR 413-100-0125 to 413-100-0240.(B) The child meets all eligibility requirements for SSI benefits.(C) The child's payments in a certified foster home or private child caring agency are covered by a Title IV-E foster care maintenance payment being made for his or her minor parent.(D) The child's eligibility for a Title IV-E adoption assistance payment was established for a prior adoption, and the child is now available for adoption because of one of the following: (i) The prior adoption has been dissolved, and the parental rights of the adoptive parents have been terminated or relinquished; or(ii) Each adoptive parent of the child has died.(b) In the case of a child who does not meet at least one of the criteria in section (2) of this rule, who is an applicable child as defined by section (3) of this rule, the child is eligible for Title IV-E adoption assistance when at least one of the following apply: (A) At the time of initiation of the adoption proceeding, the child was in the care of a public or licensed private child placement agency or Indian tribal organization pursuant to: (i) An involuntary removal in accordance with a judicial determination that it was contrary to the child's welfare for the child to remain in the home; or(ii) A voluntary placement agreement or voluntary relinquishment.(B) The child meets all medical and disability requirements of Title XVI with respect to eligibility for SSI benefits.(C) The child was residing in a family foster home or child care institution with his or her minor parent and the minor parent was removed from the home pursuant to: (i) An involuntary removal in accordance with a judicial determination to the effect that it was contrary to the child's welfare to remain in the home; or(ii) A voluntary placement agreement or voluntary relinquishment.(D) The child was adopted and was determined eligible for Title IV-E adoption assistance in a prior adoption and is available for adoption because of one of the following: (i) The prior adoption was dissolved and the parental rights of the adoptive parents have been terminated or relinquished; or(ii) The child's adoptive parents have died.(3) An "applicable child" as defined in section 473(e) of the Social Security Act (42 U.S.C. 673) meets at least one of the following requirements:(a) The child meets the applicable age requirements if during the federal fiscal year (FFY) (October 1 through September 30) in which the adoption assistance agreement is finalized, he or she attains the applicable age, as illustrated by Exhibit 1. The Department maintains this exhibit on the Department's website. A printed copy of the exhibit may be obtained by contacting the Department of Human Services, Office of Child Welfare Programs, ATTN: Federal Policy, Planning and Resources Program, PO Box E-67, 500 Summer St. NE, E93, Salem, OR 97301;(b) The child has been in foster care under the responsibility of the Title IV-E agency for any 60-consecutive-month period prior to finalization of the adoption; or(c) The child is a sibling of another child the Department has determined is an applicable child and both children are placed in the same adoption arrangement.(4) To be eligible for an extension of Title IV-E adoption assistance through age 20, the young adult must meet the requirements of OAR 413-130-0055.(5) Private Agency Adoptions. To be eligible for Title IV-E adoption assistance, a child voluntarily relinquished to a public or private nonprofit agency must meet the special-needs criteria described in OAR 413-130-0020 and all the following requirements: (a) The child must be voluntarily relinquished either to the state agency (or another public agency, including tribes with whom the state has a Title IV-E agreement), or to a private, nonprofit agency.(b) Within six months of the date the child last lived with a specified relative, the entity to which the child was relinquished must file a petition with the court to remove the child from the home.(c) The court must make a subsequent judicial determination that remaining in the home would be contrary to the child's welfare.(d) The child must meet the Title IV-E AFDC eligibility requirements, as described in OAR 413-100-0150 through 413-100-0170.(6) Independent Adoptions. To be eligible for Title IV-E adoption assistance, a child voluntarily relinquished to an individual must meet the special needs criteria described in OAR 413-130-0020 and meet at least one of the following requirements: (a) The child meets the eligibility criteria for SSI at the time the adoption petition is filed.(b) The child is in a subsequent adoption, and he or she received Title IV-E adoption assistance in a previous adoption.(7) Eligibility for Title IV-E adoption assistance may not be presumed for a child placed with a guardian who is receiving a guardianship assistance payment through the Department's Guardianship Assistance program. The Title IV-E Specialist must complete an adoption assistance eligibility determination on a form approved by the Department based on the original removal of the child.Or. Admin. R. 413-100-0335
CWP 19-2009(Temp), f. & cert. ef. 12-16-09 thru 6-14-10; CWP 6-2010, f. & cert. ef. 6-15-10; CWP 13-2011, f. & cert. ef. 6-30-11; CWP 26-2018, temporary amend filed 04/03/2018, effective 04/03/2018 through 09/29/2018; CWP 103-2018, amend filed 09/06/2018, effective 9/6/2018Statutory/Other Authority: ORS 418.005 & ORS 418.330 - 418.340
Statutes/Other Implemented: ORS 418.005 & ORS 418.330 - 418.340