Federal v. State Requirements

1. A juvenile court order which removed the child from his/her parent or relative. It may be either a:
   1. Detention order, or
   2. Jurisdictional/Dispositional order.
2. Placement as a result of a Voluntary Placement Agreement.

(Refer to Federal Special Provisions sections in this chart for more information.)
 

1. A juvenile court order which may be either a:
   1. Detention order, or
   2. Jurisdictional/dispositional order; or
2. Relinquishment/termination of parental rights (e.g. pre-adopts); or
3. Voluntary placement agreement (Refer to State Special Provisions sections in this chart for more information]; or
4. Non-related legal guardianship.

1. New Authority for Placement:
   1. Relinquishment (to public adoption agency); or
   2. Child receiving AFDC-FC turns 18 and child/agency agreement on file (or there is documentation in the service case that the child has been determined incapable of making this decision); and
2. Child meets all other federal requirements.
    

1. New Authority for Placement:
   1. Relinquishment (to public or private adoption agency); or
   2. Child receiving AFDC-FC turns 18 and child/agency agreement on file (or there is documentation in the service case that the child has been determined incapable of making this decision); or
   3. Non-related legal guardianship; or
   4. Voluntary placement agreement; and
2. Child meets all other state requirements.

Can be any one of the following:

• CWD
• Probation department
• Licensed public adoption agency
• District adoption office of SDSS
   

Can be any one of the following:

• CWD
• Probation department
• Licensed public or private adoption agency
• District adoption office of SDSS
• Non-related legal guardian.

• Non-relative
• Relative (other than relative from whom removed).

1. Family Home
   1. Licensed family home
   2. Exclusive-use home certified as meeting licensing standards by a state-licensed home-finding agency
   3. Approved home (approved home of a relative).
2. Group Home - must be licensed, private and non-profit.
3. Public Child Care Institution. [Refer to EAS 45-202.52 for funding restrictions.]

1. Family Home
   1. Licensed family home; or
   2. Exclusive-use home certified as meeting licensing standards by a State-licensed home-finding agency; or
   3. Approved home (approved home of a non-related legal guardian).
2. Group Home — must be licensed, private, and non-profit only.

AFDC-FG/U Linkage Requirement:

1. Child lived with parent or relative from whom removed in petition month and would have received federal AFDC-FG/U had an application been made; or
2. The child was living in the home of the parent or relative from whom removed, within any of the 6 previous months prior to the month of petition and would have been eligible for AFDC-FG/U had an application been made.

NOTE: This last condition is met as long as the:

• Child had lived in the home of the parent(s) or relative(s) from whom removed within any one of the six months prior to the month in which the petition was filed, AND:

• Parent(s)/relative(s) would have been eligible for AFDC-FG/U during the month of petition, had application been made.

Removal by Voluntary Placement:

Removal from the home of a parent or guardian as a result of a voluntary placement agreement to an out-of-home placement, without adjudication by the juvenile court, shall occur only when both of the following conditions exist:

1. There is a mutual decision between the child's parent or guardian and the placing agency, and
2. There is a written binding agreement between either the county, a licensed public or private adoption agency or the state acting as an adoption agency, and the parent or guardian of a minor.

The voluntary placement agreement shall specify:

1. The legal status, rights and obligations of the child.
2. The rights and obligations of the placing agency.
3. The rights and obligations of the parent/guardian.
4. Any other relevant factors.

Time Limitations

1. A child voluntarily placed shall be eligible for AFDC-FC payments for a period up to 180 days from the date one of the agencies listed in [1. b.] on the previous page assumes responsibility under a voluntary placement agreement provided all other eligibility factors are met.
2. The voluntary placement agreement shall be signed prior to or at the time of placement and shall state the beginning date of placement and planned return date of the child to their home. This period shall not exceed 180 days.
3. A child shall be eligible a subsequent new 180-day period of eligibility for AFDC-FC payments only if:
   1. The child's prior voluntary placement had been terminated, and
   2. The child had been returned to their home.

Subsequent placements must meet the requirements of [3. a. and b.] above.

The legal guardian must cooperate in the provision of services.
Voluntary Placements:

1. Decision to accept child for voluntary placement may only be made by:
   1. County welfare department
   2. Licensed public adoption agency
   3. District adoption office of SDSS.
2. Only the CWD has the option to delegate placement and care to a private adoption agency. If the CWD delegates placement and care, a voluntary placement agreement must be signed by the parent, the CWD and the private adoption agency.

3. Length of voluntary placement:

   1. All children who were voluntary placements before January 1, 1982 have now been adjudicated or terminated as of June 30, 1982.

   2.  

      On or after January 1, 1982 the child is eligible for a maximum of six months. The placement need not be continuous. If more than one placement occurs, the AFDC-FC payments for all the voluntary placements of the same child must not exceed a total of six months.

       

Eligible Payees:

• A family home in which the child has been placed.
• A licensed, private, nonprofit group home in which the child has been placed.
• The probation officer.
• A cooperating public or nonprofit private child placement or child care agency which is licensed by the department, where required, and which has responsibility for placement and care of the child.
• The licensed home-finding agency which certified the exclusive-use home in which the child has been placed.

Eligible Payees:

• Any of the payees considered eligible in the Federal Program.
• The non-related legal guardian with whom the child has been placed, regardless of whether the guardianship order is temporary or permanent.
• An eligible child, as his/her own payee, who is temporarily absent from an eligible facility, provided 1 and 2 below are met:

1. The child is otherwise eligible and:
   1. Aged 16 or 17 and temporarily absent to attend a college, vocational or work training institution; or
   2. Aged 18, and temporarily absent to attend a high school or vocational-technical training program.
2. All the following conditions are met:
   1. Payment to the child is necessary to implement the social service plan.
   2. The SW or PO has determined the child is sufficiently mature and responsible.
   3. Name of the payee in 1 or 2 is available.
   4. Payment for the same period has not been made to one of the payees in 1 or 2.

NOTE: Presumed Parent are not eligible for foster care payment and cannot be payees.