23 Miss. Code. R. 104-7.31

Current through December 10, 2024

Rule 23-104-7.31 - Foster Care and Adoption Assistance

A. These types of income are defined as follows:

1. Foster Care. An individual (adult or child) is considered to be in foster care when:

a) A public or private nonprofit agency places the individual under a specific placement program; and

b) The placement is in a home or facility which is licensed or otherwise approved by the state to provide care; and

c) The placing agency retains responsibility for continuing supervision of the need for such placement and the care provided.

B. Adoption Assistance.

1. Adoption assistance programs provide payments and/or services for children for whom unassisted adoption is unlikely because of age, ethnic background, disability, etc. The income of the adoptive parent, the adopted child or both may be considered in determining the payment.

C. These types of income are treated as follows:

1. Treatment of both types of payments depends on the funding source of the payment, the purpose of the payment and whether the Medicaid recipient is the provider or beneficiary of the care as follows:

a) Funded by Title IV-E.

1) Title IV-E foster care payments are income based on need (IBON) to the individual in care. This income is not subject to the $50/$20 general income exclusion. Amounts paid to the provider in excess of the foster care payment, e.g., incentive or service payments, which are not intended to support the child, and are in addition to the foster care payment are counted as income to the provider.

(a) Foster care payments made under Section 477 of Title IV-E, Independent Living Initiatives, are cash assistance from a governmental social services program and do not count as income.

2) Adoption assistance cash payments made to adoptive parents under Title IV-E are federally-funded income based on need (IBON) to the adopted child. This income is not subject to the $50/$20 general income exclusion. The total payment is considered cash income to the adopted child and is counted dollar for dollar. Social services may be provided to the adoptive parents under Title IV-E, but they are not counted as income.

b) Funded by Titles IV-B or Title XX.

1) Foster care payments and adoption assistance through Title IV-B or Title XX are not income. Payments are considered social services.

c) Funded by Other Sources.

1) Other payments for foster care and adoption assistance are unearned income subject to general policy pertaining to income and income exclusions. The adoption assistance may be income to the parent of the child depending on the type of assistance received.

23 Miss. Code. R. 104-7.31

Social Security Act §1902 (r)(2); 42 CFR §435.601(b) (Rev 1994).