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Establishing Petition Date and Linkage
Date of Petition
The date of petition is critical when trying to make the “would have been eligible” determination for Federal FC as this is a one-time determination. Subsequent changes in the child’s placement or circumstances do not affect the initial linkage determination.
Determining Date of Petition to establish AFDC Linkage
The FC EW will use the date of the original petition filed that removes the child from his/her parents to determine which petition date to use while attempting to establish AFDC linkage unless:
An open dependency order exists and the child was returned home on a non-temporary basis however must now be removed again.
The table below illustrates this rule.
| If... | Then... | And... |
| Prior dependency was dismissed when the child returned home, | A “New” petition that recommends removal from parental custody is required, | Linkage is based on the new petition that recommends the removal from parental custody. |
| Prior dependency was not dismissed and child was returned home for a trial or extended visit, | A petition is not required, | Linkage is based on the original petition that recommended the removal from parental custody. |
| Prior dependency was not dismissed and child was returned home on a non-temporary basis, | A “Supplemental” or “Subsequent/Supplemental” (example: 387 Box marked on court order) petition that recommends removal from parental custody is required. | Linkage is made using the “Supplemental” or “Subsequent/Supplemental” petition date. |
When a Child is Removed From a Legal Guardian
In situations when a child is residing with the legal guardian and that guardianship is disrupted, the SW or PO will file a petition to remove the child from the home. When this occurs, the FC EW will use the table below to determine which petition date should be used in order to determine whether there is AFDC linkage.
| If the child... | And was removed from the legal guardian, and | Then use the... |
| Is a court dependent | Is moved to another out of home placement, | Original petition that removed from parents. |
| Is no longer a court dependent | The original petition has been reinstated and the underlying dependency has resumed, | Original petition that removed the child from the parents if this petition was reinstated by the judge. Otherwise, use new petition. |
| Is no longer a court dependent | The original petition and dependency are not reinstated, | Petition that removed the child from legal guardian. |
| Was never a dependent | Is placed in out of home care, | Petition that removes from legal guardian |
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