Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 02 - SOCIAL SERVICES ADMINISTRATION › Chapter 07.02.11 - Out-of-Home Placement Program › Section 07.02.11.30 - Title IV-E Eligibility and Reimbursability. (Agency Note: Federal Regulatory Reference - 45 CFR 1355 and 1356)

Current through Register Vol. 51, No. 14, July 12, 2024
A. Under the Social Security Act, Title IV, Part E, the federal government provides funds to states for maintaining certain children in out-of-home placement or in adoptive families.
B. Definitions.
(1) In this regulation, the following terms have the meanings indicated.
(2) Terms Defined.
(a) "Aid to Families with Dependent Children (AFDC)" means the Income Maintenance program provided under Title IV-A of the Social Security Act, which requires that to be eligible for Title IV-E, the child must meet the AFDC criteria in the IV-A State Plan in effect July 16, 1996.
(b) AFDC Standard of Need.
(i) "AFDC standard of need" means the cost of a family's basic living needs that the State recognizes as essential for all families, and any special recurring or nonrecurring needs recognized by the State as essential for some persons.
(ii) "AFDC standard of need" means the AFDC standard of need in effect on July 16, 1996, which is the standard used for Title IV-E eligibility.
(c) "Constructive removal" means when the State agency has obtained legal responsibility for a child who is residing with a related or nonrelated interim caretaker and the child is allowed to remain with the interim caretaker, so that the child was not physically removed from the interim caretaker, but was constructively removed from the care and custody of the parent or other specified relative with whom they had physically resided within 6 months before court proceedings or execution of a voluntary placement agreement.
(d) "Date child is considered to have entered foster care" means the earlier of:
(i) A judicial finding of abuse or neglect; or
(ii) 60 days from the date the child is removed from the home.
(e) "Detention" means the temporary care of a child who, pending court disposition, requires secure custody for the protection of the child or the community, in physically restricting facilities.
(f) "Deprivation" means a child is deprived of the care and support of one or both parents as a result of:
(i) Death;
(ii) Physical or mental incapacity;
(iii) Continued involuntary absence (for example, due to incarceration);
(iv) Voluntary absence (for example, due to divorce or separation) from the home where the child resides; or
(v) Unemployment/underemployment of the primary wage earner.
(g) "Federal financial participation (FFP)" means the matching rate paid by the federal government for specified program activities, as provided in 45 CFR §
												1356.60.
(h) "Financial need" means a child's /family's income and resources in the removal home must be within the AFDC standard of need that was in effect on July 16, 1996.
(i) "Initial court order" means the very first court order that authorizes the child's removal from the home and includes a judicial finding of contrary to the welfare of the child.
(j) "Out-of-home placement" means placement of a child into foster care, kinship care, group care, or residential treatment care.
(k) "Physical removal" means that the agency has physically removed the child from the home of a parent or other specified relative.
(l) "Redetermination" is a case review completed every 12 months, at which time factors subject to change, are reconsidered and documented.
(m) "Removal home" means the home of the parent or other specified relative from whom the child was legally removed.
(n) Specified Relative.
(i) "Specified relative" means any relation by blood, marriage or adoption who is within the fifth degree of kinship to the dependent child.
(ii) "Specified relative" includes great-great-great grandparents and first cousins once removed (children of first cousins).