Or. Admin. Code § 413-100-0080

Current through Register Vol. 64, No. 1, January 1, 2025

Section 413-100-0080 - Effective Date

(1) When completing an initial determination pursuant to OAR 413-100-0125 to 413-100-0240, the child's Title IV-E eligibility status will be effective the first day of placement.

(2) When completing an annual redetermination pursuant to OAR 413-100-0270, the child's Title IV-E eligibility status will be effective 365 days from the date the child was considered to have entered foster care and every 12 months thereafter.

(3) When completing a redetermination as a result of a change in a child or young adult's placement, the child or young adult's Title IV-E eligibility status will be effective the date of the new placement. Placement changes affecting Title IV-E eligibility:

(a) The child moves from a foster home that has a Temporary Certificate of Approval to a foster home that has a Certificate of Approval.

(b) The child moves from a foster home that has a Certificate of Approval to a foster home that has a Temporary Certificate of Approval.

(c) The child or young adult is placed with the parent on trial reunification, and the Department retains placement and care responsibilities.

(d) The child returns to a foster care placement within six months of the start of a trial reunification, and the Department has continued placement and care responsibilities.

(e) The child or young adult moves to a placement that is not Title IV-E reimbursable.

(f) The child leaves the foster care placement and is considered to have run away.

(g) The child or young adult is placed in a QRTP and:

(A) The Independent Assessment is not completed within 30 days of the placement;

(B) The Independent Assessment is completed and does not support the QRTP level of care;

(C) The court does not rule on the appropriateness of the placement within 60 days of placement; or

(D) The court disapproves the QRTP placement.

(4) When completing a redetermination because the child's current foster home has been issued a Certificate of Approval, the child or young adult's Title IV-E eligibility status will be effective the first day of placement in the month in which all certification criteria are met.

(5) When completing a redetermination because the foster parent's Certificate of Approval is expiring or being revoked, the child or young adult's Title IV-E eligibility status will be effective the day the certificate expires or is revoked.

(6) When completing a redetermination because a child care institution is not meeting the requirements of OAR 413-095-0030(1), the child or young adult's eligibility status will be effective the first day those requirements are not met.

(7) When completing a redetermination because a child care institution is now meeting the requirements of OAR 413-095-0030(1), the child or young adult's eligibility status will be effective the first day those requirements are met.

(8) When completing a redetermination because the Department has obtained a judicial finding of best interest in a month subsequent to the month in which the child was placed in foster care, and the finding is made at the first hearing addressing the child's removal, the child's Title IV-E eligibility status will be effective the first day of the month in which the finding was made.

(9) When completing a redetermination because the Department has not obtained a permanency finding of reasonable efforts to achieve the permanent plan within the required timelines, the child or young adult's Title IV-E eligibility status will be effective the last day of the month in which the finding was required.

(10) When completing a redetermination because the Department obtained a delayed judicial finding, the child or young adult's Title IV-E eligibility status will be effective the first day of the month in which the finding is made.

(11) When completing a redetermination because the Department did not obtain a finding of best interest within 180 days of a child or young adult's voluntary placement, the child or young adult's Title IV-E eligibility status will be effective on the 181st day from placement.

(12) When completing a redetermination because of a child or young adult's approved application for SSI benefits, the child or young adult's eligibility status will be effective the first day of the month subsequent to the application month.

(13) When completing a redetermination because a child or young adult is no longer receiving SSI benefits, the child or young adult's eligibility status will be effective the first day of the month after the SSI benefits end.

(14) When completing a redetermination because 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, the child or young adult's eligibility status will be effective the date in which the parent moved into the home.

(15) When completing a redetermination because a young adult no longer meets the age requirements, as described in OAR 413-100-0230, the young adult's eligibility status will be effective the date he or she no longer meets the age requirements.

(16) When verifying a candidate for foster care determination, the child's eligibility status will be effective the date of the case plan that identifies the child as a candidate for foster care or a pregnant or parenting foster youth.

Or. Admin. Code § 413-100-0080

SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SCF 1-1997, f. 2-18-97, cert. ef. 3-1-97; SOSCF 4-1998, f. 2-5-98, cert. ef. 2-6-98; SOSCF 20-2000(Temp), f. & cert. ef. 8-11-00 thru 2-6-01; SOSCF 4-2001, f. & cert. ef. 2-7-01; SOSCF 44-2001, f. 12-31-01 cert. ef. 1-1-02; CWP 30-2003(Temp), f. & cert. ef. 9-2-03 thru 2-28-04; CWP 2-2004, f. & cert. ef. 2-10-04; CWP 14-2007, f. & cert. ef. 8-1-07; 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 9/6/2018; CWP 140-2020, amend filed 09/28/2020, effective 10/1/2020

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

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