18 Miss. Code. R. 6-1-E-III

Current through August 31, 2024
Section 18-6-1-E-III - REIMBURSABILITY REQUIREMENTS
A.Placement

To be Title IV-E reimbursable, the child must be placed in a licensed Resource Home or licensed child care institution.

1.Resource Home

A Resource Home for children is one licensed by DFCS as meeting the standards established for licensing. The term "Resource Home" includes adoptive homes. (See Section F policy)

2.Child Care Institution

A Child Care Institution is a child-caring institution, either private or public, which accommodates no more than twenty-five (25) children and is licensed by the State as meeting the standards established for licensing.

In order for a child care institution to be eligible for title IV-E funding, the licensing file for the institution must contain documentation which verifies that safety considerations with respect to the staff of the institution have been addressed. (45 CFR 1356.30(f))

3.Adoptive Placement

An Adoptive Placement is an adoptive home that meets licensure requirements which has been approved through the Adoption Unit of DFCS.

4. Non-Reimbursable Placements

Detention Facilities - detention facilities, forestry camps, training schools, or any other facility operated primarily for the detention of children who are determined to be delinquent are not considered Title IV-E reimbursable.

The term shall not include detention facilities, forestry camps, training schools, or any other facility operated primarily for the detention of children who are determined to be delinquent. (42 U.S.C. 672 § 472 (c)(2))

Relatives - Foster board payments are not made to children placed with relatives unless the relative becomes a licensed foster home.

A child may meet all of the Title IV-E eligibility criteria at the time of removal except that s/he is not placed in one of the reimbursable placements outlined in 1-3 above.

There is no time limitation on the child becoming Title IV-E reimbursable if all factors, except placement, are met initially. If later, the child enters an approved facility, thereby meeting all of the factors, s/he should become Title IV-E reimbursable.

Administrative costs associated with an otherwise eligible child who is in an unallowable facility or an unapproved or unlicensed relative home, and who is removed in accordance with section 472(a) from the home of a relative specified in section 406(a) (as in effect on July 16, 1996), shall be considered only for expenditures:

(a) for a period of not more than the lesser of 12 months or the average length of time it takes for the State to license or approve a home as a foster home, in which the child is in the home of a relative an application is pending for licensing or approval of the home as a foster family home; or
(b) for a period of not more than 1 calendar month when a child moves from a facility not eligible for payments under this part into a foster family home or child care institution licensed or approved by the State. (http://www.acf.hhs.gov/cwpm/programs/cb/laws_policies/laws/cwpm/qaHistory.jsp?citID=36&id=794) (See, 42 U.S.C. 6720 § 472(i)(1)(A) and 45 CFR 233.90(v)(c)(1))
B.Foster Teen Parent

When a child in custody gives birth to a child, special instructions apply. If the baby is taken into custody, the baby will have eligibility determined as a foster child.

Section 475(4)(B) of the Social Security Act requires that foster care maintenance payments for a minor parent in foster care cover a child of such parent if the child is placed with the minor parent. Neither the statute nor regulations require the State to have placement and care responsibility for the child in order for such costs to be included in the minor parent's foster care maintenance payment. Good social work practice suggests that the minor parent's case plan include the needs of the child and that the child's needs and interests be addressed during the six-month periodic reviews and permanency hearings held on behalf of the minor parent. However, the State is not required to satisfy these requirements independently on behalf of the child because s/he is not under the State's responsibility for placement and care and, therefore, pursuant to Federal law and regulations, is not in foster care.

However, if the baby is not placed in custody and is placed in the same home as the mother, a special board rate will be given to the Resource Parents to help with the care for both minor mother and baby. The board payment will remain the special rate for the duration of the custody episode, provided the child remains in the home with the mother and is not in custody.

In cases where (i) a child placed in a foster family home or child-care institution is the parent of a son or daughter who is in the same home or institution, and (ii) payments described in subparagraph (A) are being made under this part with respect to such child, the foster care maintenance payments made with respect to such child as otherwise determined under subparagraph (A) shall also include such amounts as may be necessary to cover the cost of the items described in that subparagraph with respect to such son or daughter. (42 U.S.C. 675 § 475(4)(B))

(j)Child of a minor parent in foster care. Foster care maintenance payments made on behalf of a child placed in a foster family home or child care institution, who is the parent of a son or daughter in the same home or institution, must include amounts which are necessary to cover costs incurred on behalf of the child's son or daughter. Said costs must be limited to funds expended on items listed in the definition of foster care maintenance payments in § 1355.20 of this part. (45 CFR §1356.21(j))

18 Miss. Code. R. 6-1-E-III

Amended 5/7/2015
Amended 5/29/2015
Amended 8/29/2015
Amended 11/28/2015
Amended 6/23/2016
Amended 7/31/2016