9.6 Aid to Families with Dependent Children (AFDC) Relatedness Criteria

Georgia State Seal

Georgia Division of Family and Children Services
Child Welfare Policy Manual

Chapter:

(9) Eligibility

Policy Title:

Aid to Families with Dependent Children (AFDC) Relatedness Criteria

Policy Number:

9.6

Previous Policy Number(s):

N/A

Effective Date:

July 2024

Manual Transmittal:

2024-06

Codes/References

Title IV-E of the Social Security Act § 471 (a) (27)
Title IV-E of the Social Security Act § 472 (a) (1) & (2)
Title IV-E of the Social Security Act § 472 (a) (3) (A) & (B) and (4)
45 CFR Part 1356 (l)
Public Law 104-193 The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) aka The Welfare Reform Act of 1996

Requirements

The Division of Family and Children Services (DFCS) will:

  1. Confirm that a child meets AFDC Relatedness criteria to be title IV-E eligible. The following must exist in the removal home to meet the AFDC Relatedness criteria for title IV-E purposes:

    1. Age - A child must be under the age of 18.

    2. Living with a specified relative in the removal home - A child must meet AFDC eligibility criteria in the month in which either a voluntary placement agreement (VPA) is entered into, or a court order is initiated to remove the child from the home. For the purpose of meeting the living with a specified relative prior to removal from the home requirement, one of the two following situations will apply:

      1. The child was living with the parent or specified relative, and was AFDC eligible in that home in the month of the voluntary placement agreement or initiation of court proceedings; or

      2. The child had been living with the parent or specified relative within six months of the month of the voluntary placement agreement or the initiation of the court proceedings, and the child would have been AFDC eligible in that month if s/he had still been living in that home.

      The “living with” and “removal from” condition must be met by the same specified relative. A child may be “physically or constructively” removed from the home (see policy 9.4 Eligibility: Removal from the Home).

    3. Deprivation - The child must have been deprived of the care, guidance or support of one or both parents (married or unmarried) if paternity is established. Deprivation must exist in the eligibility month.

    4. Financial need (income and resources) - The income and assets of the removal home family must be considered.

    5. Citizenship/immigration status - The child must be a United States (U.S.) citizen or a lawfully admitted qualified immigrant (qualified alien).

      1. Verify the citizenship or immigration status of any child in foster care under the responsibility of the State under Title IV-E or Part B, and without regard to whether foster care maintenance payments are made under section 472 on behalf of the child.

      2. For the purposes of meeting the requirements of the section 401(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), children must meet the definition of "qualified alien" (as defined in section 431(b) of PRWORA) to be eligible for Federal foster care maintenance or adoption assistance (except that children receiving adoption assistance pursuant to agreements signed before August 22, 1996 may continue to receive such assistance).

  2. Complete the Person Detail and Income and Resources pages in Georgia SHINES to allow the Revenue Maximization (RevMax) Specialist to determine if the child meets the AFDC relatedness criteria in the removal home.

Procedures

Social Services Case Manager

  1. Complete the Person Detail and Income and Resources pages in Georgia SHINES.

  2. Complete the “living with” and “removal home” information on the Application and Background page in Georgia SHINES, including:

    1. The child’s caretaker in the month the VPA was signed, or the court order was initiated.

    2. The relationship of the caretaker to the child as parent, relative or other.

    3. Whether the child lived with a specified relative in the past six months if other is checked.

    4. The person from whom legal custody was removed.

      The SSCM must ensure the removal home box is checked on the address for the child for the information to pre-populate to the Medicaid/IV-E application.

    5. Household members of the removal home.

    6. Available information about income and resources.

    7. Documentation of a child’s qualified immigrant status, and updates to the Citizenship page if the child does not meet qualified immigrant status requirements.

  3. Verify a child’s lawful residency status using documentary evidence:

    1. U.S. Birth Certificate

    2. Naturalization Certificate (N-550 or N-570)

    3. Certificate of Citizenship (N-560 or N-561)

    4. U.S. Passport

    5. Hospital Certificate, or Baptismal Certificate

    6. Permanent Resident Card (“Green Card” or I-551)

    7. Other form of immigration documentation

    Refer to the Citizen and Identity page in Georgia SHINES for additional document options to verify citizenship and immigration status. If resources in your region are unable to confirm a method of verification you may contact the RevMax Specialist (see Practice Guidance: Citizenship, Immigration and Identity).

  4. Upload the following in External Documentation in Georgia SHINES:

    1. Income and/or resource verification, if applicable.

    2. Child’s Birth Certificate or other citizenship documentation.

      If the birth certificate is not uploaded, the RevMax Specialist may check Vital Statistics for children born in Georgia.

    3. Documentation of the child’s qualified alien status.

  5. Contact the RevMax Specialist with any questions regarding which home constitutes the removal home.

  6. Submit a Notification of Change (NOC) via Georgia SHINES to report any changes to the RevMax Specialist.

Social Services Supervisor

  1. Review the case record to ensure the following:

    1. Completion of the following pages in Georgia SHINES:

      1. Person Detail

      2. Income and Resources

      3. Application and Background

    2. Verification is uploaded into External Documentation in Georgia SHINES.

    3. Any changes are reported to RevMax via the NOC.

  2. Staff with the SSCM if any follow-up is needed.

Practice Guidance

In all references to AFDC criteria, the eligibility of the child is based on the AFDC program in effect in Georgia’s State Plan on July 16, 1996. Only those who meet the relatedness criteria are considered eligible.

Specified Relative and Removal Home

The removal home is the home of the specified relative from whom legal custody of the child was removed. The following relationships meet the requirements of a specified relative:

  1. Parents (either by birth, legal adoption or step-relationship)

  2. Grandparents (up to great-great-great)

  3. Siblings (whole, half or step)

  4. Aunts/uncles (up to great-great)

  5. Nieces/nephews (up to great-great)

  6. First cousin

  7. First cousin once removed (the child of a first cousin)

  8. Spouses of any person named in the above group, even after the marriage is terminated by death or divorce

    The spouse of a stepparent or the spouse of a stepsibling is NOT within the specified degree of relationship

Relationship is established by one of the following:

  1. Birth

  2. Marriage

  3. Legal adoption

An individual who has legal custody of the child does not meet the relationship requirement. Adoption or severance of parental rights does not terminate blood relationship for the specified relative requirement. The requirement for “living with a specified relative” is met if a newborn child is placed in DFCS care and responsibility directly from the hospital.

Eligibility Month

The eligibility month is defined as the month in which one of the following occurs:

  1. The initiation of court proceedings (i.e., the filing of the complaint or petition) that led to the removal of the child; or

  2. The date a VPA was signed by all parties.

Parental Deprivation

Deprivation results from one of the following situations in the removal home:

  1. Death

  2. Separation: Parents are legally separated and one of the parents is not living in the same house

  3. Divorce: Parents are divorced and one of the parents is not living in the same house

  4. Continual absence: One of the parents is continually absent from the home where the child resides

  5. Institutionalized/incarcerated: One of the parents is in an institution or incarcerated, prior to the child’s placement

  6. Incapacitated or disabled: Any condition of mind or body which substantially reduces or eliminates the ability of the parent to support or care for the child. The parent’s disability should be determined, and the disability continues for at least 30 days. If the parent is receiving SSI or Social Security disability benefits, Veteran’s Disability benefits (100%), Railroad benefits, or Worker’s Compensation benefits, the incapacitation requirement is met, and verification of benefits shall be included in the record (such as a copy of the award letter or copy of a check).

  7. Termination of parental rights: The child is deprived from the date of the termination of parental rights

  8. Unemployment of the principal wage earner: This condition only applies when both parents are present in the household. The child can be considered deprived if the principal wage-earning parent is unemployed.

Citizenship, Immigration and Identity

For additional information on citizenship, immigration and identity, see the link below in Forms and Tools to the Medicaid Manual Policy 2215 Citizenship/Immigration/Identity. The section outlines a wide variety of circumstances, classifications and verification one may encounter when assessing an individual’s status.

Citizenship/Immigration Status

Title IV-E can be claimed for an otherwise eligible child pending the SSCM’s verification of immigrant status.

Qualified Alien

PRWORA defines a qualified alien as an alien who, at the time of application for, receipt or attempt to receive a Federal public benefit, is:

  1. An alien who is lawfully admitted for permanent residence under the Immigration and Nationality Act.

  2. An alien granted asylum under section 208 of the Immigration and Nationality Act.

  3. A refugee who is admitted to the United States under section 207of the Immigration and Nationality Act.

  4. An alien who is paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act for a period of at least one year.

  5. An alien whose deportation is being withheld under section 243(h) of the Immigration and Nationality Act.

  6. An alien who is granted conditional entry pursuant to section 203(a)(7) of the Immigration and Nationality Act as in effect prior to April 1, 1980.

Forms and Tools

Medicaid Manual Policy 2215 Citizenship/Immigration/Identity