16 Del. Admin. Code § 6000-6008

Current through Register Vol. 28, No. 7, January 1, 2025

Section 6000-6008 - Department of Services for Children, Youth and Their Families- Policy and Procedures for EAS

6008.1 Purpose

45CFR, Subsection 233.120 authorizes emergency assistance to needy families with children. The statute enables states to receive matching funds for state authorized emergency assistance services. A state is eligible for reimbursement if the services provided are used to prevent a potential family disruption.

The State Plan for Title IV-A, Emergency Assistance, of the Social Security Act details the agreement between the Delaware Department of Health and Social Services and the U.S. Department of Health and Human Services for determining service eligibility.

6008.2 Policy

A. It is the policy of the DSCYF that the protection and safety of a child are always its first priorities. Services provided are child centered and family focused.

B. The caseworker/DSCYF staff will complete and submit an application for Emergency Assistance to enable the Department to recover federal reimbursement for services which are provided to eligible cases to prevent out-of-home placement, to provide out-of-home care or to reunify the family.

C. An Emergency Assistance application must be completed for each child within a family which meets the emergency criteria (see Definitions).

D. Services will be provided to the child/family regardless of family Emergency Assistance eligibility.

6008.3 Definitions

A. Authorization: when a worker is satisfied that a child has met the eligibility criteria for Emergency Assistance services.

B. Child: a person who has not yet reached the age of 18. (1 Del.C., Subsection 302 )

C. Date of application: date of the Emergency Assistance application; initiates a thirty (30) day clock to authorize services.

D. Disruption: risk of removal or removal from family.

E. Effective date: date of service delivery initiation which starts the twelve month eligibility period; may include services delivered up to 30 days prior to application and services delivered on or subsequent to the date of application.

F. Emergency: when a child is at risk of removal, there is a need for immediate removal, reunification with the family is pending and there is a potential for disruption or disruption has occurred.

G. Emergency Assistance: federally reimbursable services provided to meet situations requiring immediate action or emergencies where the child may be removed from the family.

H. Family: a child and a parent or custodial adult.

I. Out-of-home care: when a child is not living with a legal parent.

J. Specified Relative: per the Social Security Act, parents (biological, adoptive, and step) and those persons denoted by grand, great, great-great; sibling, aunt, uncle, niece, nephew, first cousin and child of the first cousin; the relationship continues despite death or divorce.

K. Resources: cash on hand (in pocket, checking or savings) to alleviate the emergency conditions. A family is without resources where family income is less than $73,000. Worker judgement will be used based on file documents, family provided information, and worker knowledge of the family. The income level established is two times the State median income.

6008.4 Procedures

A. The Emergency Assistance application may be triggered by a family emergency in one of the three following case events occurring in DSCYF programs:

1. completion of a risk assessment and the case remains open for program services (if no additional services are necessary and the case is closed, no EA application is necessary).

2. out-of-home placement (e.g., emergency shelter, foster care, detention, hospitalization) of a child.

3. the potential or actual disruption of a family reunification (occurs when a child is returned home from out-of-home care).

B. A family/child will be eligible for Emergency Assistance when they meet the following eligibility requirements:

1. within the six months prior to the application, a child has spent a minimum of one night residing with a specified relative.

2. the need for emergency assistance was not created because an adult family member refused to accept employment or training for employment.

3. the child is without resources immediately accessible to meet his/her needs to alleviate the emergency condition.

C. FACTS Emergency Assistance (EA) Application Screen Procedures are used for a case already entered into FACTS. At page 23-1 in the FACTS User's Manual, the EA application procedures are described. Once the application screens are completed, there is no further EA action necessary for the person making this application.

16 Del. Admin. Code § 6000-6008