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Federal Definitions for Title IV-E
The following is from the Department of Health & Human Services -
Definitions for Title IV-E regulations:
SEC. 475. [42 U.S.C. 675] As used in this part or part B of this title:
(1) The term "case plan" means a written document which includes
at least the following:
(A) A description of the type of home or institution in which a child
is to be placed, including a discussion of the safety and appropriateness
of the placement and how the agency which is responsible for the child
plans to carry out the voluntary placement agreement entered into or judicial
determination made with respect to the child in accordance with section
472(a)(1).
(B) A plan for assuring that the child receives safe and proper care and
that services are provided to the parents, child, and foster parents in
order to improve the conditions in the parents' home, facilitate return
of the child to his own safe home or the permanent placement of the child,
and address the needs of the child while in foster care, including a discussion
of the appropriateness of the services that have been provided to the
child under the plan.
(C) To the extent available and accessible, the health and education records
of the child, including--
(i) the names and addresses of the child's health and educational providers;
(ii) the child's grade level performance;
(iii) the child's school record;
(iv) assurances that the child's placement in foster care takes into account
proximity to the school in which the child is enrolled at the time of
placement;
(v) a record of the child's immunizations;
(vi) the child's known medical problems;
(vii) the child's medications; and
(viii) any other relevant health and education information concerning
the child determined to be appropriate by the State agency.
(D) Where appropriate, for a child age 16 or over, a written description
of the programs and services which will help such child prepare for the
transition from foster care to independent living.
(E) In the case of a child with respect to whom the permanency plan is
adoption or placement in another permanent home, documentation of the
steps the agency is taking to find an adoptive family or other permanent
living arrangement for the child, to place the child with an adoptive
family, a fit and willing relative, a legal guardian, or in another planned
permanent living arrangement, and to finalize the adoption or legal guardianship.
At a minimum, such documentation shall include child specific recruitment
efforts such as the use of State, regional, and national adoption exchanges
including electronic exchange systems.
(2) The term "parents" means biological or adoptive parents
or legal guardians, as determined by applicable State law.
(3) The term "adoption assistance agreement" means a written
agreement, binding on the parties to the agreement, between the State
agency, other relevant agencies, and the prospective adoptive parents
of a minor child which at a minimum (A) specifies the nature and amount
of any payments, services, and assistance to be provided under such agreement,
and (B) stipulates that the agreement shall remain in effect regardless
of the State of which the adoptive parents are residents at any given
time. The agreement shall contain provisions for the protection (under
an interstate compact approved by the Secretary or otherwise) of the interests
of the child in cases where the adoptive parents and child move to another
State while the agreement is effective.
(4)(A) The term "foster care maintenance payments" means payments
to cover the cost of (and the cost of providing) food, clothing, shelter,
daily supervision, school supplies, a child's personal incidentals, liability
insurance with respect to a child, and reasonable travel to the child's
home for visitation. In the case of institutional care, such term shall
include the reasonable costs of administration and operation of such institution
as are necessarily required to provide the items described in the preceding
sentence.
(B) In cases where--
(i) a child placed in a foster family home or child-care institution is
the parent of a son or daughter who is in the same home or institution,
and
(ii) payments described in subparagraph (A) are being made under this
part with respect to such child,
the foster care maintenance payments made with respect to such child as
otherwise determined under subparagraph (A) shall also include such amounts
as may be necessary to cover the cost of the items described in that subparagraph
with respect to such son or daughter.
(5) The term "case review system" means a procedure for assuring
that--
(A) each child has a case plan designed to achieve placement in a safe
setting that is the least restrictive (most family like) and most appropriate
setting available and in close proximity to the parents' home, consistent
with the best interest and special needs of the child, which--
(i) if the child has been placed in a foster family home or child-care
institution a substantial distance from the home of the parents of the
child, or in a State different from the State in which such home is located,
sets forth the reasons why such placement is in the best interests of
the child, and
(ii) if the child has been placed in foster care outside the State in
which the home of the parents of the child is located, requires that,
periodically, but not less frequently than every 12 months, a caseworker
on the staff of the State agency of the State in which the home of the
parents of the child is located, or of the State in which the child has
been placed, visit such child in such home or institution and submit a
report on such visit to the State agency of the State in which the home
of the parents of the child is located,
(B) the status of each child is reviewed periodically but no less frequently
than once every six months by either a court or by administrative review
(as defined in paragraph (6)) in order to determine the safety of the
child, the continuing necessity for and appropriateness of the placement,
the extent of compliance with the case plan, and the extent of progress
which has been made toward alleviating or mitigating the causes necessitating
placement in foster care, and to project a likely date by which the child
may be returned to and safely maintained in the home or placed for adoption
or legal guardianship,
(C) with respect to each such child, procedural safeguards will be applied,
among other things, to assure each child in foster care under the supervision
of the State of a permanency hearing to be held, in a family or juvenile
court or another court (including a tribal court) of competent jurisdiction,
or by an administrative body appointed or approved by the court, no later
than 12 months after the date the child is considered to have entered
foster care (as determined under subparagraph (F)) (and not less frequently
than every 12 months thereafter during the continuation of foster care),
which hearing shall determine the permanency plan for the child that includes
whether, and if applicable when, the child will be returned to the parent,
placed for adoption and the State will file a petition for termination
of parental rights, or referred for legal guardianship, or (in cases where
the State agency has documented to the State court a compelling reason
for determining that it would not be in the best interests of the child
to return home, be referred for termination of parental rights, or be
placed for adoption, with a fit and willing relative, or with a legal
guardian) placed in another planned permanent living arrangement and,
in the case of a child described in subparagraph (A)(ii), whether the
out-of-State placement continues to be appropriate and in the best interests
of the child, and, in the case of a child who has attained age 16, the
services needed to assist the child to make the transition from foster
care to independent living; and procedural safeguards shall also be applied
with respect to parental rights pertaining to the removal of the child
from the home of his parents, to a change in the child's placement, and
to any determination affecting visitation privileges of parents;
(D) a child's health and education record (as described in paragraph (1)(A))
is reviewed and updated, and supplied to the foster parent or foster care
provider with whom the child is placed, at the time of each placement
of the child in foster care;
(E) in the case of a child who has been in foster care under the responsibility
of the State for 15 of the most recent 22 months, or, if a court of competent
jurisdiction has determined a child to be an abandoned infant (as defined
under State law) or has made a determination that the parent has committed
murder of another child of the parent, committed voluntary manslaughter
of another child of the parent, aided or abetted, attempted, conspired,
or solicited to commit such a murder or such a voluntary manslaughter,
or committed a felony assault that has resulted in serious bodily injury
to the child or to another child of the parent, the State shall file a
petition to terminate the parental rights of the child's parents (or,
if such a petition has been filed by another party, seek to be joined
as a party to the petition), and, concurrently, to identify, recruit,
process, and approve a qualified family for an adoption, unless--
(i) at the option of the State, the child is being cared for by a relative;
(ii) a State agency has documented in the case plan (which shall be available
for court review) a compelling reason for determining that filing such
a petition would not be in the best interests of the child; or
(iii) the State has not provided to the family of the child, consistent
with the time period in the State case plan, such services as the State
deems necessary for the safe return of the child to the child's home,
if reasonable efforts of the type described in section 471(a)(15)(B)(ii)
are required to be made with respect to the child;
(F) a child shall be considered to have entered foster care on the earlier
of--
(i) the date of the first judicial finding that the child has been subjected
to child abuse or neglect; or
(ii) the date that is 60 days after the date on which the child is removed
from the home; and
(G) the foster parents (if any) of a child and any pre-adoptive parent
or relative providing care for the child are provided with notice of,
and an opportunity to be heard in, any review or hearing to be held with
respect to the child, except that this subparagraph shall not be construed
to require that any foster parent, pre-adoptive parent, or relative providing
care for the child be made a party to such a review or hearing solely
on the basis of such notice and opportunity to be heard.
(6) The term "administrative review" means a review open to
the participation of the parents of the child, conducted by a panel of
appropriate persons at least one of whom is not responsible for the case
management of, or the delivery of services to, either the child or the
parents who are the subject of the review.
(7) The term "legal guardianship" means a judicially created
relationship between child and caretaker which is intended to be permanent
and self-sustaining as evidenced by the transfer to the caretaker of the
following parental rights with respect to the child: protection, education,
care and control of the person, custody of the person, and decision making.
The term "legal guardian" means the caretaker in such a relationship.
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