Foster Care Eligibility Toolkit
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Overview
The State AFDC-FC Program (i.e., non-federal eligibility requirements) differs from the federal AFDC-FC Program. These distinctions are noted in foster care regulations and policy letters.
Non-federal AFDC-FC funding is available to fund a placement when a case is not federally eligible if all requirements are met. Note the payment amount made on behalf of a child to a caregiver for either a federal or non-fed case is the same.
Authority for Placement
The child shall meet on of the following criteria:
― Placed pursuant to a court order which remains in effect and specifies the three required findings. All three findings must be made prior to non-federal AFDC-FC payment.
― Placed by a parent or guardian under Voluntary Placement Agreement.
― Living with a non-related legal guardian.
― Relinquished for adoption to a licensed public or private adoption agency, or district adoptions office of the department, or termination of parental rights of one of both parents shall have been granted.
Non-Federal AFDC-FC Court Requirements
Policy: Division 45 AFDC-FC, MPP 45-206.632 and MPP 45-203.5, ACL 11-64
Court requirements for non-federal AFDC-FC differ from those of the federal AFDC-FC Program in that timeframes associated with court order findings are less stringent.
Placement
The child must be placed with a nonrelative or be living with a non-related legal guardian, to be eligible for non-federal AFDC-FC. Relatives are not eligible for non-federal AFDC-FC.
In the case of an Indian child, the child may be placed with a relative pursuant to the Indian Child Welfare Act.
Eligible Facilities
Similar to federal AFDC-FC, to claim non-federal AFDC-FC, a child must be placed in an eligible RFA home or licensed facility. The social worker or probation officer certifies on the SOC 158A that the child is placed in an eligible home or facility. A copy of the license must be in the services file.
Eligible homes and/or facility types for non-federal AFDC-FC generally mirror those of federal AFDC-FC placements with the following exceptions.
1. Non-federal AFDC-FC cannot be used to fund relative foster care placements (unless the child meets an exception per ICWA requirements).
2. Non-federal AFDC-FC is used to fund non-related legal guardians when all requirements are met.
Non-Related Legal Guardian
A child living with a non-related legal guardian shall be eligible for non-federal AFDC-FC when:
1. General AFDC-FC and non-federal AFDC-FC requirements are met.
2. The legal guardian cooperates with the county welfare department in its provision of social services
including assessment and case planning and visitation at least once every six months.
Voluntary Placement
There must be a written binding Voluntary Placement Agreement (SOC 155 or 155C) between the county agency and the parent or guardian.
Time Limit
Non-federal AFDC-FC funding for Voluntary Placements is limited to 6 months. To continue funding, there must be a judicial determination that the child is declared a dependent or ward of the court.
Reinstatement of Dependency
Children who were receiving federal AFDC-FC and dependency was later dismissed for guardianship, may have their dependency reinstated at a later date if the family decides to adopt the child or if the guardianship is terminated for another reason. The dependency will be reinstated while the adoption process is ongoing. During this time, the child is not eligible for kinship guardianship payments (Kin-GAP). The child would be eligible for AFDC-FC. However, federal AFDC-FC rules do not allow reinstatements of dependency, so the child will have to be assessed for eligibility for non-federal AFDC-FC benefits.