18+ Continued Foster Care Eligibility 447-10-52

(Revised 7/1/24 ML #3841)

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The 18+ Continued Foster Care program referred to as 18+ program for this section, is available to eligible children in foster care up to the age of 21 if the child meets certain criteria. The child must have aged out of foster care while in the custody of a North Dakota public agency including human service zone, Tribal Nations and the Division of Juvenile Services (DJS).

 

An 18+ child continuing in or returning to the 18+ program is defined in NDCC 27-20.3 as an individual between the ages of eighteen and twenty-one years of age in need of continued foster care services.

 

When the child turns 18, the court order for which the child was a subject of a child in need of protective services (CHIPS) will terminate and the child will be discharged from further obligation or control (NDCC 27-20.3-26). The court order for a child that is the subject of an active adjudicated delinquency order does not terminate until the court order expires or is vacated. The child will remain ineligible for the 18+ program until the court order expires.

 

The case managing agency is responsible to ensure the child meets the criteria of the 18+ program and follows the program requirements for continued participation. The SFN 60 18+ Continued Foster Care Agreement must be signed by the child, the agency, and the foster care provider.

 

Dependent Child - Title IV-E Only

 

A child must meet the definition of a dependent child to be eligible under Title IV-E in the 18+ program. A dependent child is defined as one of the following:

 

• a child who is currently attending high school or has completed high school, or,

• is working to complete or has obtained their GED, or,

• was/is in an equivalent level of vocational/technical training.

The child must have graduated or completed one of the above before attaining age 19. A child that drops out of school or does not complete training prior to age 19 is not eligible for Title IV-E.

 

Title IV-E eligibility ends on the last day of the month in which:

 

1. the child leaves school, or,

2. the title IV-E agency determines the youth will not complete the educational program before reaching age 19, or,

3. an otherwise eligible youth turns 19, whichever occurs earlier.

 

Children under the custody of Division of Juvenile Services

ND law prohibits the Division of Juvenile Services (DJS) from case managing a child who is not in their court ordered custody. The child must be referred to a human service zone if the child wishes to continue in or return to the 18+ program.

 

Children under the custody of a Tribal Nation

The Title IV-E agreements with Standing Rock Sioux Tribe, Three Affiliated Tribes, Turtle Mountain Band of Chippewa and Spirit Lake Sioux Tribe allow the Tribal Nation to retain jurisdiction of children interested in participating in the 18+ Continued Foster Care program. The Tribal Nation remains responsible to:

 

1. Provide case management to the child.

2. Provide all documentation for eligibility determination to the Foster Care and Subadopt (FCSA) Eligibility Unit.

3. Report changes to the child's income and assets for ongoing reimbursement.

4. Provide CFS Field Service Specialists and FCSA Eligibility Unit with required case documentation for entry into the case management system.

 

A child under the custody of a Tribal Nation at the time they age out of foster care must continue with or return to the same agency to participate in the 18+ program. A child cannot be referred or transferred to a human service zone for the purpose of entering the 18+ program.

 

Eligible maintenance payments for an 18+ child will be authorized by the FCSA Eligibility Unit and paid by the state.

 

1. Tribal Title IV-E

A Title IV-E child under the custody of a Tribal Nation who meets the definition of a dependent child at the time they age out of foster care, is eligible to participate in the 18+ program.

 

A Title IV-E child that drops out of school, does not obtain a GED, or does not complete vocational/technical training in place of graduating from school prior to turning age 19 is not eligible for Title IV-E and would not be eligible to participate in the 18+ program.

2. Tribal Non-Title IV-E

A child under the custody of a Tribal Nation, who was not Title IV-E eligible upon “aging out”, may qualify for the 18+ program. The child must apply and have their eligibility determined. The child must meet the definition of a dependent child upon entering the 18+ program. If determined to be Title IV-E eligible as “child only”, the child would be eligible to participate in the 18+ program. If the child loses Title IV-E eligibility or is no longer reimbursable while participating in the 18+ program, the FCSA Eligibility Unit will close the case and the state will no longer be financially responsible.

Placement and Care

The 18+ Continued Foster Care Agreement (SFN 60) allows for a bridge in service and payment. The eligibility determination at the time the child ages out of foster care will determine the effective date of the agreement.

 

Title IV-E Eligible Child:

• Continued foster care date = day before their 18th birthday.
• Returned to foster care date = day returned to foster care.

Not Title IV-E Eligible Child:

• New foster care date = day after current court order expired.
• Return to foster care date = day returned to foster care.

The agreement authorizes the agency placement and care responsibility until a formal court order can be obtained.

 

An 18+ permanency court order addressing the permanent plan for the child and authorizing placement and care responsibility to the agency must be obtained within 90 days of the effective date of the 18+ Continued Foster Care Agreement.

 

Eligibility Month

The month of the effective date on the SFN 60, 18+ Continued Foster Care Agreement, is considered the removal month for a child that requires a new eligibility determination.

 

AFDC Income and Assets

The income and assets available to an 18+ child must be considered in the eligibility month when determining eligibility for 18+ Continued Care. An 18+ child is considered an AFDC unit of one unless the 18+ child has a dependent child, not under the custody of a public agency, living with them. The dependent child of the 18+ child is counted as a dependent in the household.

 

Exclusions:

• The income and assets of an applicant in receipt of SSI. If the applicant is the child in foster care, they are counted in the AFDC unit, but their income and assets are excluded.
• The earnings of a dependent child who is a full-time student in high school or in an equivalent level of course of study or vocational/technical training.

See Manual Chapter 447-10 AFDC Relatedness for additional exclusions.

 

If a child's available net income exceeds the daily foster care rate, reimbursement may still exist since the needs of the child include costs other than basic maintenance.

 

Dependent Children of 18+ Child

A dependent child, not under the custody of a public agency, living with the 18+ child is counted in the AFDC family unit. Both the 18+ child and the dependent child would be counted as dependent children when determining financial need under AFDC.

 

Student Status

1. A child participating in Job Corps is a student.
2. A child is considered in regular attendance for the months in which he/she is not in school because of official vacation, illness, or convalescence if the plan is to continue training when the event that prompted the interruption has run its course.
3. A child is considered a dependent child during the entire month of his/her 18th birthday.
4. A child is no longer considered a dependent child the month after one of the following occurs:

1. They turn 18 and are no longer attending high school or an equivalent course of study.
2. They graduate from high school or an equivalent course of study before turning age 19.
3. They turn 19 and are still attending high school or an equivalent course of study.

5. The terms “full-time” and “part-time” school attendance are defined as follows:

1. “Full-time” attendance in a secondary school (high school) requires four or more units of credit. “Part-time” is anything less than four units of credit.
2. “Full-time” attendance in college or university requires 12 or more semester or quarter hours and “part-time” is less than 12 semester or quarter hours. Full time summer school normally means one-half of the semester hours earned during a regular quarter or semester.
3. “Full-time” in a vocational/technical school, under state operation, means 12 or more semester or quarter hours, and “part-time” is less than 12 semester or quarter hours. There is no uniform defined criteria of what constitutes full or part-time attendance in private vocational/technical schools such as for auto mechanics, auto body repair, hair stylists, etc.

18+ Permanency Court order

All children continuing in or returning to the 18+ program must have a permanency hearing within 90 days of the effective date of the 18+ Continued Foster Care Agreement (SFN 60). A child will not be reimbursable starting on the 91st day if the agency fails to obtain an 18+ permanency court order within 90 days. Reimbursement may resume effective the day the hearing is held granting placement and care responsibility to the agency.

 

For a Title IV-E eligible child transitioning from regular foster care to the 18+ Continue Foster Care program, the requirement of timely permanency findings does not change. Permanency findings must be obtained 12 months from the date the child is considered to have entered foster care or 12 months from the last permanency hearing.

 

A child that is not Title IV-E eligible at the time they age out of foster care must be discharged from the foster care program and the case closed. The foster care discharge date must be equal to the date the child ages out of foster care and is no longer under the custody of the agency. Permanency findings are required within 12 months from the effective date of the child’s return to care.

 

For payment purposes, the 18+ permanency court order must include:

1. The child willfully entered the 18+ Continued Foster Care Agreement.
2. A judicial determination that it is in the best interest for the child to remain in or return to foster care.
3. A judicial determination the agency has made reasonable efforts to meet the youth’s needs before a foster care placement.
4. Permanency goal for the child.
5. Permanency Hearing: A judicial determination the agency has made reasonable efforts to finalize the permanency plan specific to the youth.
6. Placement and care responsibility to the agency.

Eligibility Determination

All 18+ eligibility determinations require the following:

1. A current 18+ Continued Foster Care Agreement (SFN 60)
2. Continued Eligibility

1. Title IV-E: If the child was previously Title IV-E, no redetermination is necessary. However, income and assets must be reviewed to determine if the child is reimbursable.
2. Non-Title IV-E: If the child was not previously Title IV-E eligible prior to aging out, a new eligibility determination is required specific to the child only.

Based on the child’s determination, the following documents are required:

 

Title IV-E children

1. Remain in ND 18+ Continued Care:

1. Child remains Title IV-E eligible
2. A new determination is not required, but income and assets must be monitored for continued reimbursement.
3. Additional documentation in the eligibility file must include:

1. SFN 60, 18+ Continued Foster Care Agreement
2. SFN 45, Notice of Change
3. 18+ Permanency Court Order
4. SFN 642, Title IV-E Title XIX Income/Asset Report

2. Return within six months of discharge:

1. Child remains Title IV-E eligible.
2. Reimbursement must be established.
3. Additional documentation in the eligibility file must include:

1. SFN 641 Title IV-E Title XIX Application – Foster Care specific to the 18+ Continued Care eligibility month and signed by the child.
2. SFN 870, Title IV-E 18+ Continued Care Eligibility
3. SFN 873, Title IV-E Income Calculation Worksheet if child has income
4. SFN 60, 18+ Continued Foster Care Agreement
5. SFN 45, Notice of Change
6. 18+ Permanency Court Order

Non-Title IV-E children aging out of foster care

All non-IV-E children must be discharged from the foster care program upon aging out of foster care. A child must “return” to foster care if they wish to participate in the 18+ program. The child must apply for 18+ Continued Foster Care and a new eligibility determination is required.

 

1. Return to 18+ Continued Care:

1. Additional documentation in the eligibility file must include:

1. SFN 641 Title IV-E Title XIX Application – Foster Care specific to the 18+ Continued Care eligibility month and signed by the child.
2. SFN 870, Title IV-E 18+ Continued Care Eligibility
3. SFN 873, Title IV-E Income Calculation Worksheet if child has income
4. SFN 60, 18+ Continued Foster Care Agreement
5. SFN 45, Notice of Change
6. 18+ Permanency Court Order

Reimbursement

To maintain reimbursement the child must have a financial need in AFDC terms. Need has two elements:

• The income available to the child must be less than the costs of maintaining the child.

• Assets cannot exceed $10,000 in non-exempt assets

 

The cost of maintaining the child is the amount the state is paying for the foster care placement of the child. In any month where the child's income after deductions exceeds this amount, the child is not reimbursable.

 

Reviews

A change in the child’s status, income, and/or assets could affect eligibility and/or reimbursement. The eligibility worker must send an SFN 642 Title IV-E Title XIX Income/Asset form to the responsible agency for completion every three months. Reviews are due within 30 days of the period under review. If they are not received within 30 days after the review period, payment will not be made until it is received.

 

A Title IV-E child that met the definition of a dependent child at the time of the eligibility determination but has dropped out of school or training and is no longer expected to graduate or complete a training program prior to turning 19, is no longer eligible or reimbursable under Title IV-E. The change in the eligibility status will take effect the first of the month following the status change. Eligibility will continue under regular foster care and a match symbol change is required in the payment system from FM to RM. Children under the placement and care of a Tribal Nation will no longer be eligible or reimbursable through the state.

 

The income and assets of a child in the 18+ program must be reviewed every three months. A child’s monthly earned and unearned income that exceeds the monthly standard maintenance rate or if the child’s assets exceed the asset maximum of $10,000 are not reimbursable under Title IV-E. Regular state funds must be used in any month is which the income and/or assets exceed the allowable limits. For tribal children, the Tribal Nation will be responsible to reimburse the provider when income or assets exceed the allowable limits.

 

Medical Services

The Foster Care Application (SFN 641) must be completed to reinstate Medicaid for children who exit and return to foster care after age 18. Title IV-E Title XIX Income/Asset Report (SFN 642) may be used to re-determine Medicaid annually for children who remain in foster care past the child’s 18th birthday. Children who are discharged from foster care at or after age 18 are eligible for Medicaid until the age of 26.

 

Additional 18+ Policy: 18+ Continued Care program policy can be found in 624-05 and 18+ maintenance payment policy can be found in 623-05.