TitleIV Funding Court Findings

CFF 902-2 1 of 20 PR - TITLE IV-E ELIGIBILITY REQUIREMENTS CFB 2008-007
7-1-2008
TITLE IV-E
ELIGIBILITY
REQUIREMENTS Title IV-E eligibility begins with a determination of the child and family's
ability to qualify for the former Aid to Families with Dependent Children
(AFDC) grant under the state plan which was in effect on July 16, 1996.
The child and family's eligibility for the Family Independence Program
(FIP) cash assistance grant does not equate to automatic eligibility for
title IV-E funds.
Local office staff must determine title IV-E eligibility using SWSS FAJ.
Title IV-E eligibility ends when a child is placed back in his/her own
home or with a legal guardian. A new eligibility determination must be
completed for each new placement episode. See CFF 902, FINANCIAL
DETERMINATIONS for information on Placement Episodes.)
Title IV-E Status There are two distinct types of title IV-E status - title IV-E eligible and
Types title IV-E reimbursable. Both must occur concurrently before title IV-E
payments can be issued. Definitions of the two types of title IV-E status
are:
• Title IV-E eligible - When the child entered placement, the child
met the AFDC standards in effect on July 16, 1996 and DHS has
placement and care responsibility.
• Title IV-E reimbursable - Federal financial participation (FFP) is

available for a child who meets all title IV-E eligibility requirements
in CFF 902-2, PR - Title IV-E Eligibility Requirements and CFF
902-3, PR - Title IV-E Age Requirements and Exceptions.
US CITIZENSHIP/
QUALIFIED ALIEN
STATUS Receipt of title IV-E funds is limited to U.S. citizens and “qualified
aliens.” If the worker determines that a child is not a U.S citizen or a
qualified alien, the child is not title IV-E eligible and the procedures
outlined in CFF 902-5, Title IV-E Funding Denial or Cancellation must
be followed.
Medical coverage for non-citizens/non-qualified aliens is limited to State

Medical Program (SMP) coverage. See CFF 902-11, Determination of
Medical Assistance Eligibility for information and CIMS coding.
Qualified Alien A qualified alien is defined as one of the following:

Status
• An alien who is lawfully admitted for permanent residence under
the Immigration and Nationality Act (INA).
• An alien who is granted asylum under section 208 of the INA.
CHILDRENS FOSTER CARE MANUAL STATE OF MICHIGAN

DEPARTMENT OF HUMAN SERVICES
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• A refugee who is admitted to the U.S. under section 207 of the

INA.
• An alien who is paroled into the U.S. under section 212(d)(5) of the
INA for a period of at least one year.
• An alien whose deportation is being withheld under section 243(h)

or section 241(b)(3) of the INA.
• An alien who is granted conditional entry pursuant to section

203(a)(7) of the INA.
• A Cuban or Haitian entrant.
Not Qualified Alien Examples of persons who are NOT QUALIFIED ALIENS include, but
are not limited to, undocumented aliens and aliens legally admitted on a
temporary basis for work, study or pleasure.
U.S. Citizens The following persons are considered U.S. citizens or have an accept-
able status for benefits:
• U.S. citizen, including persons born in Puerto Rico.
• Persons born in Canada who are at least 50% American Indian.
• Members of a federally-acknowledged American Indian tribe.
• Permanent resident alien with class code RE or AS on the 1-551

(former refugee or asylee).
• A qualified dependent alien child of a qualified military alien:
•• A “qualified military alien” is a qualified alien on active duty in,

or veteran honorably discharged from, the U.S. Armed
Forces.
•• A “dependent child” is a child claimed as a dependent on the

qualified military alien’s federal income tax return.
VERIFICATION/
DOCUMENTATION
PROCEDURES Workers must verify citizenship status or qualified alien status for all
children in foster care. Eligibility for title IV-E funding requires U.S. citi-
zenship or qualified alien status of the child. The receipt of benefits is
based upon the child’s status and not on the parent’s status. Verification
must be done in a non-discriminatory way.
A foster care worker should attempt to determine a child’s place of birth

when meeting with the parent(s) to collect information for the ISP. If the
child was not born in the U.S., the worker should inquire of the parent
whether the child is a citizen. If the parent responds that the child is not
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a citizen, the worker should request that the parent provide documenta-
tion regarding alien status. If the parent refuses to provide documenta-
tion, the child is NOT title IV-E eligible.
Workers must make a copy of both sides of any verification docu-

ment(s) and file the copy in the case file in the fourth inside cover in an
envelope. (See CFF 722-5, Case File)
Verifying U.S. Documents that verify U.S. citizenship status are:

Citizenship
• Birth certificate or birth record.
• Adoption finalization papers.
• U.S. passport.
• Report of birth abroad of a U.S. Citizen, FS-240.
• Certificate of birth, FS-545, issued by a foreign service post or

Certification of Report of Birth, DS-1350, issued by the Depart-
ment of State.
• Certificate of Naturalization, N-550 or N-570.
• Certificate of Citizenship, N-560 or N-561, for children who derive

their citizenship through a parent.
• A statement provided by a U.S. Consular officer certifying that the

individual is a U.S. citizen.
• American Indian Card (I-872) with a classification code “KIC” and

a statement on the back identifying U.S. citizenship members of
the Texas Band of Kickapoos living near the U.S. Mexican border.
Verifying Qualified Documentation verifying qualified alien status:

Alien Status
• For permanent resident alien status:
•• Alien Registrtion Receipt Card, I-151 or I-551.

•• Unexpired Reentry Permit, I-327.
•• Arrival-Departure Record, 1-94 stamped “Processed for I-551
Temporary Evidence of Lawful Admission for Permanent resi-
dence.”
• For American Indians who enter the U.S. from Canada:
•• I-151, I-551or I-94 with code S13.

•• Other INS documentation.
•• Birth record or affidavit from a tribal official indicating the per-
son is at least 50% American Indian.

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Note: Such persons are NOT required to register with the U.S.
Citizenship and Immigration Services (USCIS).
• For refugee, asylee or parolee status, an I-94 annotated with INA

section 207, 208 or 212(d)(5). (See PEM 225, Refugee Reporting
for information on completing the DHS-940.)
• For Cuban/Haitian Entrant status:
•• I-94 indicating admission into the U.S. from Cuba or Haiti,

annotated with “Cuban/Haitian Entrant (Status Pending),”
“Parole,” “212(d)(5),” or “Form I-589 Filed.”
•• I-94 indicating admission into the U.S. from Cuba or Haiti

AND a letter or notice from INS indicating ongoing (NOT final)
deportation, exclusion or removal proceedings.
•• I-551 with code CU6, CU7 or CH6.
• For status as an alien whose deportation (removal) is withheld: a

court order or letter from an immigration judge stating that deporta-
tion (removal) is withheld per INA section 241(b)(3) or 243(h).
• For status as an alien granted conditional entry: I-94 showing

admission under 203(a)(7).
• For any alien status:
•• G-641 annotated at the bottom by an USCIS representative.

•• Information from the USCIS Information Unit, 260 Mt. Elliott,
Detroit, Michigan 48207.
Note: Alien status may also be checked online by going to the

USCIS Web site at www.uscis.gov.
See PEM 225, Exhibit III, U.S. State Department Documents, U.S.Citi-
zenship and Immigration Services (USCIS) documents for more infor-
mation on the above mentioned documents. Also see Reference Forms
& Publications (RFF) manual for exhibits and document descriptions of
the I-94 and I-551.
Note: If a worker determines that a child is title IV-E ineligible because

their presence in the U.S. is unlawful, workers must give the information
to their supervisor. See PEM 225, Notification to USCIS for more infor-
mation. FC workers are not to contact the USCIS directly regarding the
unlawful presence within the US. The local office supervisor must con-
sult the Foster Care Program Office regarding the notification to USCIS.

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FORMER AFDC
PROGRAM
ELIGIBILITY
REQUIREMENTS The child must meet all eligibility requirements for the former AFDC pro-
gram, except that of living with an acceptable relative, in the month in
which the court action that led to the child’s removal occurred. A court
action is defined as an order that removes the child from his/her home.
The eligibility requirements include age, deprivation, and need. Dura-

tion of residence is not included in the requirements. A reasonable effort
to reconstruct the elements of eligibility at the time the court action
occurred which led to removal is expected.
The following children are not former AFDC eligible as there are no
facts upon which to base former AFDC program eligibility:
• Children, whose parents or other relatives cannot be identified.

• Children whose parents will not cooperate in the eligibility determi-
nation process and DHS has no income or asset information on
record.
Living With The child lived with a specified relative at the time of, or within six
Specified Relative months prior to, the initiation of court action. A specified relative is one
of the following:
• Parent.
• Aunt or uncle.
• Niece or nephew.
• Any of the above relationships prefixed by grand, great or great-

great.
• Stepparent.
• Sister or brother.
• Stepsister or stepbrother.
• First cousin.
• First cousin once removed (i.e., a first cousin's child).
• The spouse of any person above, even after the marriage is

ended by death or divorce.
The above includes relationships established by adoption.

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Removal Home for When determining title IV-E eligibility, the first step in the process is to
Title IV-E Eligibility identify the child’s removal home. Correctly identifying the “removal
home” is critical.
The following criteria must be considered in identifying the removal

home:
• The removal home (parent or specified relative) is the home for

which the court makes the judicial finding that it is “contrary to the
welfare” for the child to remain.
• Although the child may have been out of the parent/specified rela-
tive home at the time court action was initiated, the child must
have lived in the removal home (i.e. the home with the “contrary to
the welfare judicial finding”) during the six months preceding the
court action to remove the child.
• If the child is physically removed from a relatives home, and judi-

cially removed from a parent, the parent’s home is the removal
home. The child is not title IV-E eligible if he/she has lived with
the relative more than six months.
• For children under six months of age, “lived with” is also inter-
preted as “born to” in reference to the removal home requirement
even if the child has not lived with the mother since birth.
Note: The removal home, and the home the court finds it is “contrary to
the welfare” of the child to remain in, must be the same home. In almost
all cases that would be the parent’s home, even though the child is
physically removed from a different home.
Constructive The child can be considered removed when a “constructive removal”

Removal (non-physical removal) takes place. A constructive removal occurs
when all of the following apply:
• The child resides with a non-parent interim caretaker who is not

the legal custodian or guardian of the child.
• The child is court-ordered into the custody of the department.
• The child remains in the home of the caretaker who serves as the
out-of-home care provider to the child after the department is
awarded custody.
• The child lived with a parent or stepparent within the past six
months prior to court jurisdiction.
Deprivation In cases of temporary wardship (including juvenile justice wards) the

situation of the child in relationship to the parent or relative home from

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which he/she was removed will determine eligibility. Deprivation must

exist initially and continue thereafter for title IV-E eligibility.
The deprivation factor may change; however, one deprivation factor

must always exist to be title IV-E reimbursable. If the deprivation factor
changes, a redetermination must be completed within SWSS FAJ.
Reasons for • Continued absence of a parent from the removal home (examples
Deprivation Are are separation, divorce or death).
If the child had been removed from the home of a relative rather
than from the parent(s)’ home, the relative’s home is reviewed at
the time of redetermination to establish continuing deprivation of
parental support and care. If either or both parents are not in that
home at redetermination, then the child is deprived based on con-
tinued absence of the parent(s) from that home.
• Incapacity of a parent is defined as unemployable due to incapac-

ity for 12 months or longer. Workers cannot determine incapacity.
Persons who are incapacitated often receive RSDI or SSI based
upon their disability. If the parent is not receiving RSDI or SSI, a
doctor’s statement verifying that the parent is unable to work for at
least 12 months is necessary.
• Unemployment of a parent. The unemployed parent is defined as

the parent who earned the greater amount of income in the previ-
ous 24 month period. A parent who is presently unemployed may
or may not have unemployment as a deprivation factor.
To be considered the unemployed parent, that parent must have

worked less than 100 hours in the calendar month of the removal,
and
• Receive unemployment benefits (UB).
or
• Received UB in the last 12 month period prior to the child’s

removal from the home.
or
• Worked at least six quarters of the last three and one quarter
years preceding the filing of the petition. Document one and a
half years of work history within the past three and one quar-
ter years in SWSS FAJ.
When Parents Continued title IV-E eligibility for a child who was removed from a single
Reunite parent home becomes complicated if the parents reunite. At that point
an evaluation of the eligibility of the intact family unit (i.e., both parents

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and all children removed by court order) for the former AFDC program
must be conducted.
If the intact family would have been eligible for the former AFDC pro-
gram, continued title IV-E eligibility must be based on an evaluation of
the sufficiency of the child's income and resources to meet the full cost
of care.
If the child's income (including child support, RSDI and other unearned
income) does not equal the cost of care, title IV-E eligibility continues.
If the situation in that home has changed so that no deprivation factors

exist, then the child is not title IV-E reimbursable until another depriva-
tion factor occurs or termination of parental rights (TPR).
Termination of For a child who was initially determined to be title IV-E eligible, once
Parental Rights TPR of both parents has occurred, from that point forward, and through-
(TPR) out the child’s placement episode, the deprivation factor requirement is
met.
AFDC Income Income examples include:
• For a child removed from the parent(s), the income of the par-
ent(s), stepparent(s) and sibling(s) under age 18, must be consid-
ered only in the initial eligibility determination. Income of the non-
parent adult or living together partner must not be considered.
• For a child physically removed from a specified relative:
•• The child has been with the relative less than six months.
•• “Contrary to the welfare” is found against the parent(s).
•• The AFDC eligibility is based on the parent(s) income and
assets.
• For a child physically and judicially removed from a specified rela-

tive:
•• “Contrary to the welfare” is found against the relative.
•• The income and assets of the relative are NOT counted in

AFDC eligibility determination.
•• The AFDC eligibility is based on the child - only his/her

income and assets are counted.
• For a child removed from an unrelated guardian:
•• When the child has been with an unrelated guardian more

than six months prior to removal, the child is not eligible for
title IV-E funding.

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•• When the child has been with an unrelated guardian less

than six months, “contrary to the welfare” must be against
the parents as the removal home for the child to be eligible
for title IV-E, the income and assets of the parent(s) must be
counted for AFDC eligibility.
The income of the parent(s), stepparent(s) and siblings under age 18,
must be considered only in the initial eligibility determination. Income of
the non-parent adult or living together partner must not be considered.
Note: Adoption subsidy is considered unearned income and must be

budgeted within SWSS FAJ if the adoption has been finalized. Only the
first $76.00 of the subsidy, per child, is considered as income. Prior to
finalization, adoption subsidy is not considered income.
For redeterminations, the income of the parents is not to be considered

except for the amount of court ordered support.
Deductions The SWSS funding determination process automatically applies the fol-
lowing income deductions:
• Income disregards only if the parent whose income at the initial

determination received FIP in the last four months.
• Child care expenses. Enter the amount paid for the actual child
care expenses, not the DHS allowable amount.
• Child support paid for a child who is not living within the removal
home. Enter the amount paid by the parent, not the ordered
amount.
YOUTH’S INCOME The income available to the youth must be considered initially and at
each redetermination in determining eligibility for title IV-E. If a youth's
available net income is less than the board rate being paid for care, the
youth continues to be eligible on the basis of need.
If a youth's available net income exceeds the board rate, eligibility may
still exist since the needs of a youth include items other than basic
maintenance. These cases are to be referred through supervisory
channels to Reconciliation and Recoupment Section in central office for
analysis of eligibility. See CFF Item 902-12, Government Benefits and
Other Benefits, for procedures.
Evaluating Income • EARNED INCOME - Earned income of the child(ren) must be dis-
regarded when they are full-time students or part-time students
who are part-time employees. All earned income not disregarded
must be used to reduce the daily rate for foster care. (Refer to CFF
903-8 to determine net income and procedure to adjust rate.)

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• OTHER INCOME - Unearned income must be considered in the

amount received. Only available income must be budgeted. (Refer
to CFF 903-8 to determine net income and procedure to adjust
rate.) If the child receives continuing benefits (e.g., Retirement,
Survivor and Disability Insurance [RSDI]), the worker must com-
plete form DHS-3205 (Foster Care Ward Placement/Benefits Eligi-
bility Record) and submit to central office, Reconciliation &
Recoupment Section, which will then make application to have the
DHS designated as payee.
Any interim collections made by the local office are to be sent to the
central office, Cashier Unit. Payment to the foster parent will be for the
full amount of the board rate.
Note: A youth cannot be funded from both title IV-E and Supplemental
Security Income (SSI). A decision must be made as to which funding
source is most appropriate and then the incorrect funding source is
closed. See CFF 902-10 for additional details.
If a youth would not have been included in the former AFDC program
grant solely because of the receipt of SSI, a DHS-3205 must be com-
pleted and submitted to the Reconciliation & Recoupment Section
requesting an evaluation of the advantage to continuing the SSI or
changing to title IV-E funding.
Assets The property of the parent(s), stepparent(s) and siblings under age 18
must be considered in the initial eligibility determination. For redetermi-
nations, the property of the parents does not affect the child's continued
eligibility while in foster care. The property of the child must be consid-
ered initially and at each redetermination. Each child at redetermination
is considered a family of one. SWSS FAJ exempts $10,000.00 in prop-
erty.
A trust fund established for a child must not be considered as available

property for that child unless it is designated and available to be used
for his/her ordinary living expenses.
Employment For youth sixteen and over who are not regularly attending an elemen-
tary, secondary or vocational (technical) school on a full or part-time
basis, their earnings must be budgeted and they must be referred to the
State of Michigan’s current employment program. The youth may regis-
ter at www.michiganworks.org.
Continued former The child must continue to meet all eligibility requirements of the former
AFDC Eligibility AFDC program other than living with an acceptable relative. These
requirements include:
• Continued deprivation (prior to termination of parental rights);

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• Insufficient income and assets for the child;
• Employment program or educational requirements for a child age

16 or older;
• Full-time attendance for youth age 18, in an approved high school

or equivalent level of a training program and reasonably expected
to graduate before age 19. See CFF 902-3, TITLE IVE AGE
REQUIREMENTS AND EXCEPTIONS.)
Note: The loss of title IV-E eligibility due to a change in depriva-

tion, financial need or placement does not deprive the child of
future eligibility. Once the eligibility factors are met, the child again
becomes eligible for title IV-E funding.
LEGAL
JURISDICTION A court order must exist which makes the Department of Human Ser-
vices responsible for the child's placement and care.
• Court orders do not have to contain the exact words “placement

and care;” substitute wording such as “care and supervision,”
“placement and supervision” or “placed in foster care or with a suit-
able relative,” may be used without affecting title IV-E funding eligi-
bility.
• A court order giving the DHS responsibility for placement and care
acts as the application for title IV-E. For youth released under 1974
PA 296, the order terminating rights meets this requirement as
long as the DHS is given responsibility for placement and care.
• Jurisdiction of the eligible child must have been taken under either
the neglect or delinquency section of the Juvenile Code (but not
under any criminal code or proceedings).
• Orders for state wards must include the words: “committed to the
Michigan Department of Human Services.” The public act under
which the youth is committed (i.e., the Youth Rehabilitation Ser-
vices Act, 1974 PA 150 or the Michigan Children’s Institute (MCI)
Act, 1935 PA 220) must be identified on the commitment order.
Orders for temporary or permanent court wards must contain the
words: “placed with the Michigan Department of Human Services
for placement and care.” See MCL 400.55(H).
• The department cannot assume financial responsibility for a youth

until it is in receipt of a court order delegating legal authority for a
youth to the department. Therefore, the intake and acceptance
procedures outlined in See CFF 722-1, COURT ORDERED
PLACEMENTS and JJ2 Item 230, SERVICE PLANS, must be fol-
lowed for any youth placed with the department for placement and

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care. Title IV-E funding must not be authorized prior to the accep-
tance date, which is the day the court order is signed by the judge/
referee.
• Orders issued by tribal courts for Native American children have

the same validity as court orders. These orders must make the
department responsible for placement and care. Orders which
stipulate that placement choices be limited to foster homes on the
reservation are acceptable. Family foster care services for these
children must be purchased from a Michigan Indian child welfare
agency with which the department has a contract.
Specification In Orders which contain stipulations for dual or co-supervision by a court

Court Orders or another agency do not meet the federal requirements. Therefore, the
youth is not eligible for title IV-E funding as long as that order remains in
effect.
A “best practice” continues to be that the court orders indicate that any
child be placed with DHS for care and supervision. The fact that a court
order approves of, acknowledges, or agrees to, the DHS placement
decision on the court order does not negate title IV-E eligibility for that
youth.
Example: The DHS worker’s report to the court (USP) recommends

“ACE child placing agency.” The court then “affirms” the child’s place-
ment at the “ACE child placing agency.” The court has not assumed
placement and care responsibilities. Therefore, the child could be title
IV-E eligible and title IV-E funded. When the court orders a placement
without considering recommendations of all parties, the child’s place-
ment causes ineligibility for title IV-E funding as long as that court order
remains in effect. If the court orders a placement not recommended by
DHS, it must document on the order the reason for not accepting the
DHS recommendation.
Note: Court orders may “recommend” a placement or “approve” the

supervising agency’s placement selection without affecting title IV-E eli-
gibility.
REQUIRED
JUDICIAL
FINDINGS In order for a child to be title IV-E eligible the court order must contain
documentation of the evidence used by the court to make judicial
findings. Court orders may contain checkboxes for the finding, but the
determinations must be explicit and made on a case by case basis. The
order cannot be amended by a subsequent order, e.g., a nunc pro tunc
order, which amends the original order to meet eligibility.
Other criteria include:

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• Orders may reference the petition, court report or other reports

available to the court as documentation of the evidence used for
these findings. (See “Continuation In The Home Is Contrary To
The Welfare” determination below for restrictions on references to
the petition.) Copies of the petition or reports, not already con-
tained within the case file, must be attached to the court order and
contained within the child’s case file. (The court does not need to
attach the ISP/USP or court report that was submitted by the
supervising agency to the court order.)
• If a worker’s testimony is used to support the judicial findings, the

court must either list the evidence used within the court order or
attach a copy of the transcript to the court order. The entire tran-
script does not need to be attached to the court order.
• The court order may not reference state law for these determina-
tions.
“Continuation In Regulations require the court to make a “contrary to the welfare” or

The Home Is “best interest” determination IN THE FIRST COURT ORDER REMOV-
Contrary To The ING THE CHILD FROM HIS/HER HOME for title IV-E eligibility. The first
Child’s Welfare” court order is defined as the emergency removal order (e.g., JC 05) or
Determination the preliminary hearing order (e.g., JC 10 or JC 11a) if there was no
emergency removal order.
The “contrary to the welfare” determination must also be made within

the first court order for each new placement episode, regardless of
whether a new petition is filed or not. (See CFF 902, Financial Deter-
minations for information on placement episodes.)
The child is ineligible for the current placement episode if the finding
is not made in the first order for each placement episode. The determi-
nation must be explicit and made on a case by case basis.
For abuse/neglect wards, the court order may reference the petition to
document this finding. This is not acceptable for juvenile justice wards
because the petition details the youth’s criminal behavior. Other juvenile
justice criteria include:
• The finding must be based upon the parents’ actions, not the
youth’s behavior. Evidence that only references the youth’s behav-
ior does not meet this requirement.
• References to “removal is in society’s best interest” do not meet

this requirement for juvenile justice wards.
• When the court finds “contrary to the welfare” and the child is not
removed from the removal home on the date of the finding, the
child is not title IV-E eligible.

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As a minimally acceptable standard for abuse/neglect wards:
• The child’s correct name must be on the court order, and

• A box is checked that states/finds that it is contrary to the child’s
welfare to remain in his/her home, based on the petition, or DHS
report, and/or testimony.
Note: If a “contrary to the welfare” finding is made and the child is not
removed, the child is not eligible during this placement episode.
Verbal Approval/ For after hours (nights, weekends, and/or holidays) and emergency
Consent for the removals, a judge or referee, may give verbal approval/consent for the
Removal removal and placement of a child in out-of-home care. Verbal approval/
consent will not jeopardize the child’s potential title IV-E eligibility if all
the following conditions are met:
• The verbal consent occurred during non-working hours (i.e.,

nights, weekends, or holidays) and emergencies;
• A written order dated the day of the removal, must be obtained

within 24 hours, or on the next business day during the weekends
and holidays.
• The written order contains the findings of fact, on which the verbal
consent was based, and includes the “contrary to the welfare find-
ing.”
Title IV-E foster care payments may begin from the first day of place-
ment in the month in which all eligibility criteria are met.
Note: For a child removed prior to 03/27/00 - the court finding of

“contrary to the welfare” or “best interest” does not need to be made
within the first court order. This determination must be part of a written
court order issued prior to or at the time of the dispositional order.
“Reasonable The supervising agency must make reasonable efforts to prevent

Efforts” removal and finalize another permanency plan except under defined
Determinations circumstances. The child’s health and safety must be of paramount
concern. (See CFF 722-6, Reasonable Efforts for more information.)
In order to be eligible for title IV-E funding, the court must make two
separate reasonable efforts determinations.These determinations must
be:
• Explicit and made on a case by case basis.
• Made at a court hearing where the parents and child(ren) have the
opportunity to attend the hearing.

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• Contained in writing in the court order. It is not enough that efforts

were described to the court. The court must actually decide that
reasonable efforts were made.
To Prevent The first determination, “the agency has made reasonable efforts to
Removal prevent removal from the home,” must be made at a court hearing held
within 60 days of the child’s removal from his/her home. Title IV-E eligi-
bility cannot begin until the reasonable efforts judicial determination has
been obtained.
As a minimally acceptable standard for abuse/neglect wards the court

order must contain:
• The child’s correct name, and

• A checked box indicating the court has found that reasonable
efforts were made to prevent the removal of a child from the home,
based on the petition. DHS report and/or testimony.
Title IV-E foster care payments may begin from the first day of place-
ment provided the “reasonable efforts to prevent removal” finding has
been made at a court hearing that calendar month.
If the finding is not made in the calendar month of removal, title IV-E eli-
gibility begins the first day of the month in which all eligibility criteria are
met, provided that is within the 60 day time frame.
The child’s case is ineligible for title IV-E funding for the current
foster care episode if:
• The judicial finding is not made within the 60 day time frame;
• The court refuses to make this finding; or
• The court finds that reasonable efforts to prevent removal were not
made.
The “reasonable efforts to prevent removal” finding must be made for

each placement episode within 60 days of removal, regardless of
whether a new petition is filed. See CFF 902, Financial Determina-
tions for information on placement episodes.)
Note: The date the order is signed or received in the office is not rele-
vant in terms of meeting the 60 day time frame. A subsequent order
(e.g., a nunc pro tunc order) amending the original order cannot be
used to establish compliance with this requirement.
For a child removed prior to 03/27/00 - The judicial determination of

reasonable efforts to prevent removal does not need to be made within
60 days of removal.

7-1-2008
Finalize the The second determination, “the agency has made reasonable efforts to
Permanency Plan finalize the permanency plan,” is required within 12 months from the
date of removal.
The determination must be based upon the permanency plan identified

in the USP (court report). Acceptable permanency plans are:
• Reunification (return home/maintain own home).

• Adoption.
• Legal guardianship.
• Placement with a fit and willing relative.
• Placement in another planned permanent living arrangement.
•• Permanent Foster Family Agreement.
•• Emancipation by age 19.
This determination must also be made every 12 months as long as the

child remains in out-of-home care.
This includes children placed in adoptive supervision placements in

which the adoption has not been finalized within 12 months. The CY-
460 report is sent to DHS agencies and the CY-463 is sent to private
agencies who are supervising adoptive placements that have been
open for 10 months, 22 months, 34 months, etc.
The adoption placement agency (either DHS or the private agency)

must file a motion for a “reasonable efforts permanency planning review
hearing” with the court in which the adoption petition was filed. The
motion must request a hearing to be held within 12 months of the adop-
tion placement date.
After the permanency planning hearing, the adoption placement agency

must send a copy of the PCA 321, “Order of adoption,” or the PCA 351,
“Order Following Hearing on review of Adoption Placement (Title IV-E
Eligibility Compliance),” to the DHS Adoption Subsidy Office as docu-
mentation of the judicial review and determination.
The child becomes ineligible for title IV-E funding at the end of the
month in which the judicial determination was required to be made, and
remains ineligible until the first of the month a determination is made.
The child is ineligible for title IV-E funding until an order from a new
hearing is issued which contains this finding.
• A subsequent order amending the previous order (e.g., a nunc pro

tunc order) cannot be used to retroactively establish compliance
with this requirement.
• The effective date for reinstatement of title IV-E eligibility based on

this finding is the first day of the month in which a court order con-
taining the reasonable efforts statement was received.
7-1-2008
The 12 month time frame for the next required finding of reasonable
efforts to finalize the permanency plan begins with the date the last find-
ing was made.
REASONABLE
EFFORTS NOT
REQUIRED Reasonable efforts are not required to prevent the child’s removal from
home due to any of the following:
• Parent’s conviction for murder of another child of the parent.
• Parent’s conviction for voluntary manslaughter of another child of

the parent.
• Parent’s conviction for aiding or abetting, attempting, conspiring,

or soliciting to commit the murder or voluntary manslaughter of
another child of the parent.
• Parent’s conviction for felony assault that resulted in serious bodily

injury to the child or another child of the parent.
• The parental rights of the parent with respect to a sibling have

been terminated involuntary.
Additionally, reasonable efforts are not required if the court has deter-
mined that the parent, or guardian of the child has abused the child or a
sibling of the child, and per Michigan law the abuse must include 1 or
more of the following aggravated circumstances (MCL 722.638(1)(a)):
• Abandonment of a young child.
• Criminal sexual conduct involving penetration, attempted penetra-

tion, or assault with intent to penetrate.
• Battering, torture, or other severe physical abuse.
• Loss or serious impairment of an organ or limb.
• Life threatening injury.
• Murder or attempted murder.
• Or, the parent of the child failed to protect the child from one of the
above.
The court is to conduct a permanency planning hearing within 30 days

after there is a judicial determination that reasonable efforts to reunite
the child and family are not required. Reasonable efforts to reunify the
family must be made in all cases except in those situations listed above.
This 30 day hearing requirement does not effect title IV-E eligibility.

7-1-2008
Note: A judicial finding that reasonable efforts are not required cannot
be made for juvenile justice wards.
ELIGIBLE LIVING
ARRANGEMENT The child must currently be in foster care in a licensed foster home,
licensed private child caring institution, or a DHS child care treatment
facility of 25 beds or less. (See CFF 721 for a definition of foster care.)
• Michigan can utilize title IV-E funds for placement with for profit
private child caring institutions (residential care).
• If a court orders dual or co-supervision of the child by DHS staff

and court or private agency staff, the child is not eligible for title IV-
E funds. This ineligibility continues as long as that court order is in
effect.
Note: The effective date for reinstatement of title IV-E eligibility

based on this requirement is the first day of the month in which a
court order deleting the placement and/or supervision specifica-
tions was received. (See Placement Specifications above for more
information.)
• Children of minor parents who are placed in the same foster care
setting as the parent(s) are not eligible for title IV-E funding. Even
though the court may have taken jurisdiction, these children have
not been physically removed from the home of a parent. Foster
care payments for these children must be included in the parent’s
foster care payment authorization as a ward child.
• Relatives/unrelated caregiver homes (e.g., aunt, uncle, niece,

nephew, brother, sister, grandparent or first cousin) must be
licensed as foster family homes for title IV-E funding to be paid.
•• If a child who is otherwise eligible for title IV-E has been

placed in an unlicensed home, title IV-E funding cannot be
used until the home is licensed. Once licensed, retroactive
payments can be made back to the effective date of the
license as long as no FIP or County Child Care fund pay-
ments were issued for the same time period.
Title IV-E payments cannot be authorized for any period of

time covered by FIP or County Child Care Fund payments
during completion of the licensing process.
•• An administrative rate cannot be paid to the child placing

agency using title IV-E funds when a child is placed with an
unlicensed relative.
Note: State wards living with relatives are eligible to receive State
Ward Board and Care payments (See CFF 902-8). Local Child
7-1-2008
Care Funds may also be used to fund these placements for tem-
porary court wards according to county policy (CFF 902-7).
• Foster parents with a felony conviction for one of the following

crimes cannot receive title IV-E payments:
•• Child abuse/neglect.
•• Spousal abuse.
•• A crime against children (including pornography).
•• A crime involving violence, rape, sexual assault, or homicide

but not including other physical assault or battery.
•• A conviction within the last five years for a physical assault,

battery, or a drug related offense.
• Title IV-E funds cannot be paid to a foster family home or child car-
ing institution with a provisional license because of a licensing vio-
lation. This applies even though a corrective action plan may have
been approved. Newly licensed foster family homes with the origi-
nal provisional license are not included in this definition.
An administrative rate to a child placing agency cannot be paid

from title IV-E funds for a ward placed in a foster home with a pro-
visional license for a licensing violation. Payment must be made
from County Child Care funds for temporary court wards and from
State Ward Board and Care funds for state wards.
• If a child is placed with an unqualified alien foster parent (See U.S.

Citizenship/Qualified Alien Status above), the unqualified alien car-
egiver is eligible to receive title IV-E funds if:
•• The child is a U.S. citizen; or
•• The child entered the U.S on or after August 22, 1996, and
the child has been a qualified alien for at least five years; or
•• The child is:
- An asylee;
- An alien whose deportation is withheld; or
- A Cuban/Haitian entrant.
Note: Verification of citizenship or alien status for foster parents is

only required when the department is placing a qualified alien
child who entered the U.S. on or after August 22, 1996.
• Independent living placements and private agency supervised

independent living situations are not title IV-E eligible. An adminis-
7-1-2008
trative rate cannot be paid from title IV-E funds to a private child
placing agency that is supervising a youth in an independent living
arrangement.
• Detention facilities, training schools, county juvenile justice facili-

ties, youth camps or other facilities operated primarily for the
detention of children who are determined to be delinquent are not
eligible for title IV-E funding. These facilities are not included within
the definition of “foster care”. (See CFF 721 for a definition of fos-
ter care.)
• Any residential facility that is classified as open medium, medium,

or high security is not title IV-E eligible.
• If a child is placed with a Native American family living on a reser-

vation, that family must be licensed or approved by the tribal coun-
cil based on tribal criteria. All services for children living on a
reservation are to be purchased from a Michigan Indian child plac-
ing agency with which the department has a contract.


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CFF 902-2 1 of 20 PR - TITLE IV-E ELIGIBILITY REQUIREMENTS CFB 2008-007

• Title IV-E reimbursable - Federal financial participation (FFP) is

Medical coverage for non-citizens/non-qualified aliens is limited to State

Qualified Alien A qualified alien is defined as one of the following:

• An alien who is granted asylum under section 208 of the INA.

CHILDRENS FOSTER CARE MANUAL STATE OF MICHIGAN

• A refugee who is admitted to the U.S. under section 207 of the

• An alien whose deportation is being withheld under section 243(h)

• An alien who is granted conditional entry pursuant to section

• A Cuban or Haitian entrant.

• U.S. citizen, including persons born in Puerto Rico.

• Persons born in Canada who are at least 50% American Indian.

• Members of a federally-acknowledged American Indian tribe.

• Permanent resident alien with class code RE or AS on the 1-551

• A qualified dependent alien child of a qualified military alien:

•• A “qualified military alien” is a qualified alien on active duty in,

•• A “dependent child” is a child claimed as a dependent on the

A foster care worker should attempt to determine a child’s place of birth

Workers must make a copy of both sides of any verification docu-

Verifying U.S. Documents that verify U.S. citizenship status are:

• Adoption finalization papers.

• Report of birth abroad of a U.S. Citizen, FS-240.

• Certificate of birth, FS-545, issued by a foreign service post or

• Certificate of Naturalization, N-550 or N-570.

• Certificate of Citizenship, N-560 or N-561, for children who derive

• A statement provided by a U.S. Consular officer certifying that the

• American Indian Card (I-872) with a classification code “KIC” and

Verifying Qualified Documentation verifying qualified alien status:

•• Alien Registrtion Receipt Card, I-151 or I-551.

• For American Indians who enter the U.S. from Canada:

•• I-151, I-551or I-94 with code S13.

CHILDRENS FOSTER CARE MANUAL STATE OF MICHIGAN

• For refugee, asylee or parolee status, an I-94 annotated with INA

• For Cuban/Haitian Entrant status:

•• I-94 indicating admission into the U.S. from Cuba or Haiti,

•• I-94 indicating admission into the U.S. from Cuba or Haiti

•• I-551 with code CU6, CU7 or CH6.

• For status as an alien whose deportation (removal) is withheld: a

• For status as an alien granted conditional entry: I-94 showing

• For any alien status:

•• G-641 annotated at the bottom by an USCIS representative.

Note: Alien status may also be checked online by going to the

Note: If a worker determines that a child is title IV-E ineligible because

CHILDRENS FOSTER CARE MANUAL STATE OF MICHIGAN

The eligibility requirements include age, deprivation, and need. Dura-

• Children, whose parents or other relatives cannot be identified.

• Any of the above relationships prefixed by grand, great or great-

• First cousin once removed (i.e., a first cousin's child).

• The spouse of any person above, even after the marriage is

The above includes relationships established by adoption.

CHILDRENS FOSTER CARE MANUAL STATE OF MICHIGAN

The following criteria must be considered in identifying the removal

• The removal home (parent or specified relative) is the home for

• If the child is physically removed from a relatives home, and judi-

Constructive The child can be considered removed when a “constructive removal”

• The child resides with a non-parent interim caretaker who is not

• The child is court-ordered into the custody of the department.

Deprivation In cases of temporary wardship (including juvenile justice wards) the

CHILDRENS FOSTER CARE MANUAL STATE OF MICHIGAN

which he/she was removed will determine eligibility. Deprivation must