Child’s Mother is an Inmate or Patient at Time of Removal

County of Residence and Responsibility

An inmate’s legal residence is defined as the county in which he/she was residing at the time of arrest, regardless of where the arrest, trial or incarceration takes place. A child’s county of residence is determined by the county of residence of the parent with whom the child resides. Therefore, the “county of residence” for a child born to an inmate is the county where the inmate resided at the time of arrest. If the child becomes or is made a dependent, that county is responsible for the infant’s care, custody and control.

Exception: When a court has awarded another person custody or guardianship of the child, the child’s county of residence is that of the person awarded custody or guardianship, regardless of the mother’s county of residence. If the child becomes or is made a dependent, that county is responsible for the infant’s care, custody and control.

Home of Removal

When determining “home of removal”, federal eligibility can be established for a child who is placed in Foster Care when the mother is an inmate or patient in a state hospital at the time of removal. 
This includes:

  • A child born to a woman who is an inmate or patient.
  • A child who is placed in Foster Care while waiting for the mother's release.
  • A child who is born in jail or a state hospital, and parental rights are terminated directly after birth.

According to federal policy, “home” for the above-mentioned children is the hospital or jail where the mother is residing and/or where the child is born and is subsequently removed.

The following conditions must also exist during the month in which the petition is filed:

  • The child is deprived of the support of the absent father.
  • The child is removed from the home of a parent or relative (as defined above) as the result of a court order.
  • The child is placed in Foster Care.
  • Linkage can be established by making a POEM determination.

 

Note: In addition, the child must meet all other Foster Care eligibility requirements.

Related Topics

Federal Eligibility Determination