SECTION 340:75-13-17. IV-E annual eligibility re-determination review

(a)   Title IV-E (IV-E) eligibility re-determinations. Title IV-E eligibility is re-determined:

(1)   no less than 12 months from the date of the most recent court order used to establish or maintain Title IV-E eligibility; or

(2)   at the time the custody specialist becomes aware of a change in circumstances that may affect the Title IV-E eligibility.

(A)   At the time of the eligibility re-determination, the custody specialist reviews all court orders issued after the date of the court order used to update the previous Title IV-E re-determination in KIDS.

(B)   An annual Title IV-E eligibility re-determination review is not required for adoption assistance cases, as the annual review of the Adoption Assistance Agreement serves that purpose, per OAC 340:75-15-128.2.

(b)   Ongoing IV-E eligibility factors. Ongoing Title IV-E eligibility factors include the child's:

(1)   continued out-of-home placement;

(2)   age;

(3)   school attendance, when applicable;

and

(4)   financial resources.

(c)   Judicial determinations for ongoing Title IV-E eligibilty.

(1)   Per Section 1-4-811 of Title 10A of the Oklahoma Statutes (10A O.S. § 1-4-811) a judicial determination that Oklahoma Department of Human Services (OKDHS) made reasonable efforts to finalize the permanency plan in effect at the time of the hearing must be made no later than:

(A)   six months from the child's date of entry into out-of-home care; and

(B)   at least once every six months thereafter while the child is in out-of-home care.

(2)   When a judicial determination is not made the child becomes ineligible for Title IV-E from the end of the:

(A)   twelfth month following the child's date of entry into out-of-home care; or

(B)   twelve months from the date of the most recent judicial determination of reasonable efforts to finalize a permanency plan, and remains ineligible until such a judicial determination is made.

(3)   When a judicial determination is made that OKDHS has not made reasonable efforts to finalize a permanency plan, Title IV-E eligibility ends that month and the child remains ineligible until the court makes the finding that reasonable efforts have been made to finalize a permanency plan.

[Source: Added at 15 Ok Reg 1457, eff 4-1-98 (emergency); Added at 16 Ok Reg 1052, eff 4-26-99; Amended at 19 Ok Reg 561, eff 12-20-01 (preemptive); Amended at 22 Ok Reg 1270, eff 5-26-05; Amended at 29 Ok Reg 635, eff 6-1-12]