2880 Ineligibility For IV-E | Medicaid
Georgia Division of Family and Children Services |
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Policy Title: |
Ineligibility For IV-E |
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Effective Date: |
January 2021 |
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Chapter: |
2800 |
Policy Number: |
2880 |
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Previous Policy Number(s): |
MT 45 |
Updated or Reviewed in MT: |
MT-63 |
Requirements
There are circumstances that cause a child to no longer be IV-E eligible. Once a child loses IV-E eligibility, s/he cannot be IV-E eligible or reimbursable during the current placement episode.
Basic Considerations
A child will lose IV-E eligibility if one of the following circumstances exists:
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The child no longer meets age requirement;
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DFCS no longer has custody per a court order;
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The child is in DFCS care and responsibility under a voluntary placement agreement (VPA) and a judicial determination to the effect that continued voluntary placement is in the best interests of the child was not obtained within 180 days of the signed VPA;
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The child is on a trial home visit or run away status beyond six months or the trial home visit exceeds the time frame authorized by the court.
The court may return a child who has been in out-of-home care back into the removal home for a trial visit for an unspecified period of time. If the trial visit, with continuous DFCS custody, is six months or less and the child returns to out-of-home care, the child retains IV-E eligibility. If the court authorizes a time frame longer than six months, the child can retain IV-E eligibility, provided the child returns to out-of-home care at the end of the specified time frame.
Special eligibility considerations exist when a child returns home on a trial visit.
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A child is never reimbursable when living in the home of a parent
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If the six-month time frame or the court’s authorized time frame is exceeded, the child loses IV-E eligibility. If the child subsequently re-enters care, the placement is considered a new episode. A new initial custody order must be obtained pertaining to the current removal including a judicial determination of contrary to the welfare/best interest and reasonable efforts to prevent removal. A new IV-E eligibility determination must be made based on the child’s eligibility in the home which s/he was subsequently removed.
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The same IV-E principles for trial home visits apply to IV-E eligible children on run away status.