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Miller v. Youakim
Issue
Miller v. Youakim was a U.S. Supreme Court finding made on February 22, 1979. This finding prohibited the States from excluding children “otherwise eligible” for Foster Care from the Federal Foster Care Program, solely on the basis that they were placed in a relative's home. Relatives MUST be given the option of selecting either AFDC-FC or AFDC-FG/U.
Date
Federal Foster Care payments for children placed by the Court with relatives have been made since the State filed new regulations on January 7, 1980. Since the regulations have already been passed, and are in print and use, the Court Order is not currently in effect. However, the name of the Court Order, Miller v. Youakim, is easier to say than “Federally linked children who are court placed with relatives and otherwise foster care eligible.” Therefore, the name remains in the current working vocabulary.
Chapter 32 instructs District Office EWs to send a referral packet to Foster Care whenever a relative with a court order from Santa Clara County applies for AFDC on behalf of a child, or the worker knows that there is a court order placing the child with the relative. [Refer to “Persons Included in AU [EAS 82-820],” page 25-17].] The packet shall contain:
- An SC 1526
- An SC 41
- A SAWS 1 mark
- the child receiving AFDC, if applicable.
- A copy of any court order the relative caretaker has.
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Relatives are referred to District Office
ed “Miller v. Youakim” - A copy of the LM that showsto apply for AFDC first, since approximately 55% of these children have no Foster Care federal eligibility. This way the beginning date of aid is established for AFDC, and THEN the Miller v. Youakim review is completed.
[Refer to Common-Place Handbook, “Miller vs. Youakim,” page 53-3, and “Case Loans to Foster Care Bureau,” page 49-3, for the procedures regarding case and document movement between District Offices and the Foster Care Bureau.]
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