Court Order Findings

(3 Findings) [EAS 45-202.6]

The following Court Order Findings must be verified and appropriately documented in the case file by the EW prior to the approval of, or continuance of, AFDC-FC benefits:

  • Continuance in the home is contrary to the welfare of the minor
  • Responsibility for placement and care is vested with the county, and
  • Reasonable efforts to prevent or eliminate the need for removal.

An additional finding that the County made “reasonable efforts to finalize the permanency plan” must be verified within 12 months from date the child entered foster care. If this finding is not made timely, the child ceases to be eligible for federal AFDC-FC at the end of the 12th month after he or she entered care and remains ineligible until the finding is made. Refer to Foster Care Redeterminations for detailed information.

Contrary to the Welfare Finding

The EW must verify that the court made a finding that “continuance in the home is contrary to the welfare of the minor” or a finding to that effect. The EW must also ensure the first court order document is in the income maintenance file. Other acceptable examples include: “there is substantial danger to the welfare of the minor without removing the minor,” or “the welfare of the minor requires that custody be taken from parents.”

For federal AFDC-FC, this court finding must be in the first court order, which removes the child from his or her home (typically, the detention hearing). For removals occurring on or after March 27, 2000, if this finding is not made at the first hearing which removes the child from his/her home, the child is ineligible for federal AFDC-FC funding for the duration of that episode in foster care.

For State AFDC-FC, this finding must be made prior to the approval of State AFDC-FC benefits, but need not be in the first court order removing the child from his or her home.

Placement and Care Finding

The EW must verify that the court made a finding that “placement and care” is vested with one of the following agencies:

  • County Welfare Department
  • County Probation Department
  • Licensed Public Adoption Agency (county)

Other acceptable examples include: “temporary placement and care is vested with the county” or “care, custody, and control is vested with the county.” This finding may be in any court order, but State and Federal AFDC-FC foster care cannot be granted prior to the finding being made.

The County must ensure that Title IV-E foster care maintenance payments are not paid to providers once the agency has closed the case and no longer has responsibility for placement and care and, if an unallowable payment is made, that adjustments are made accordingly.

Reasonable Efforts Finding

The EW must verify that the court made a finding that “reasonable efforts to prevent or eliminate the need for removal” have been made by the county. This finding must be made by the court no later than sixty (60) days from the date the child is removed from the home; if this finding is not made timely, the child is ineligible for Federal AFDC-FC funding for the duration of that episode in foster care. For State AFDC-FC, this finding must be made prior to the approval of State AFDC-FC, but need not be made within sixty (60) days from the date of removal. Neither State AFDC-FC nor Title IV-E can be claimed until the month in which the judicial determination is rendered and all other eligibility requirements are met.

A finding that reasonable efforts to prevent removal and/or reunify the family is NOT required when the county obtains a finding from a judge that reasonable efforts were not necessary because:

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

Chart: 3 Findings

Findings Contrary to the welfare of the minor Placement and care Reasonable efforts
Federal Requirement Must be made at the first hearing which is typically the detention hearing. If there is a continuance without a contrary to the welfare findings, the child is not eligible for Federal Foster Care. This finding can be made in any court order but Federal Foster Care can not be granted prior to this finding being made. This finding must be made by the court no later than 60 days from the date the child is removed from the home. If this finding is not made timely the child is not eligible for Federal Foster Care.
State Requirement Must be made prior to approval of State Foster Care but does not need to occur at the first hearing. This finding can be made in any court order but State Foster Care can not be granted prior to this finding being made. This finding can be made in any court order but State Foster Care can not be granted prior to this finding being made. There is no 60 day requirement.

 

For additional documents necessary to approve a case refer to Application Process. 

Related Topics

Beginning Date of Aid (BDOA) for Foster Care