Adoptions and Safe Families Act (ASFA) Provisions for AFDC-FC Eligibility

This section contains information on the ASFA regulation requirement for FC EW’s and how to determine the petition date as it relates to establishing AFDC-FC linkage. ASFA regulations require that FC EWs verify certain court order requirements, which include:

  • Court Order Removal Findings,
  • Ongoing Court Order Findings,
  • Judicial Documentation,
  • Voluntary Placement Agreements, and
  • Licensing Requirements.

Court Order Requirements

The following court order requirements must be verified by the FC EW prior to the approval of or continuance of AFDC-FC benefits. This is completed by viewing the appropriate court order documents received from the SW or JPD.

  1. Court Order Removal Findings, commonly known as the “Three Findings”, which include:
    1. Contrary to the Welfare,
    2. Placement and Care, and
    3. Reasonable Efforts.
  2. Licensing Requirements 

The following chart outlines the process for verifying court order removal findings.

Court Order Removal Findings If there is... Then...
Contary to the Welfare Federal participation

The FC EW must verify that the finding is made in the first court order which removes the child from his or her home (usually made at the Detention Hearing)

 
State Participation The FC EW must verify that the finding is made prior to the approval of State AFDC-FC (does not need to be made in the first court removing the child from his or her home).
No finding made at the first court order hearing
(Applies to Federal cases only)		 The child is ineligible for Federal AFDC-FC funding for the duration of that stay in Foster Care.
(State AFDC-FC or All County funding may apply.)
Placement and Care Federal or State participation (DFCS), The FC EW must verify that the court made a finding that “placement and care” is vested with either the county welfare or probation department.
Placement and Care vested with the Probation Department, A written agreement must be in effect between the county welfare and probation departments.
No finding made in the court order, The FC EW must not pay federal or State AFDC-FC benefits.

Reasonable Efforts

* Reasonable efforts may include reunifications, adoption, legal guardianship, placement with a “fit and willing” relative, or placement in another planned permanent living arrangement.

 Federal participation,

The FC EW must verify the finding was made by the court no later than 60 days from the date the child is removed from the home.

NOTE: If the finding is not made timely, the child is ineligible for AFDC-FC at the end of the 12 month period and remains ineligible until the finding is made. FC payments must be discontinued or payments must be made using all county funds.
State participation, The FC EW must verify that the finding is made prior to the approval of State AFDC-FC (does not need to be made within 60 days from the date of removal).
Evidence that the county obtains a finding from a judge that reasonable efforts were NOT necessary,

The FC EW must verify that one of the following reason exists:

  • The parent has subjected the child to aggravated circumstances (i.e, abandonment, torture, chronic abuse, or sexual abuse).
  • The parent has been convicted of aiding or abetting, attempting, conspiring, or soliciting to commit such a murder or voluntary manslaughter.
  • The parent has been convicted of a felony assault that results in serious bodily injury to the child or another child of the parent.
  • The parental rights of the parent(s) have been involuntarily terminated to a sibling of the child in foster care.

NOTE: The finding(s) from the judge in this instance are noted in either the court documents, minute orders, or court transcripts.

 

Court Order Removal Findings Defined

The following written examples are used by the State to define the language necessary for the three “findings” under the ASFA regulations. These findings must be noted in either the court documents, court transcripts, or minute orders.

Contrary to the Welfare

Statements for “Contrary to the Welfare” include, but are not limited, to the following:

  • “Continuance in the home is contrary to the Welfare of the minor,” or
  • “The welfare of the minor requires that custody be taken from the parent(s),” or
  • “There is substantial danger to the welfare of the minor without removing the minor.”

Placement and Care

Statements for “Placement and Care” include, but are not limited, to the following:

  • “Temporary placement and care is vested with the county,” or
  • “Care, custody, and control is vested with the county,” or
  • “Placement and care is vested with either the welfare or probation department.”

Reasonable Efforts

Statements for “Reasonable Efforts” include, but are not limited, to the following:

  • “Reasonable efforts to prevent or eliminate the need for removal have been made by the county,” or
  • “By clear and convincing evidence, reasonable services have been offered and provided to the parents, which were designed to aid them to overcome the problems which led to the
  • initial removal of the children,” or
  • “Reasonable efforts were made to return the children to a safe home and/or to complete whatever steps are necessary to finalize the permanent placement of the children.”

Related Topics

Overview