8.3A.2. TITLE IV-E, Foster Care Maintenance Payments Program, Eligibility, Age

Answer

A title IV-E agency may provide title IV-E FCMP to a child age 18 or older under two optional pathways: the option under section 406 of the Act in the state’s former 1996 title IV-A Aid to Families with Dependent Children (AFDC) plan to permit eligibility for certain youth up to age 19, and the option to adopt a definition of “child” that includes certain youth over age 18 under section 475(8)(B) of the Act.

Consistent with the title IV-E agency’s former AFDC plan, children who are over 18 and under the age of 19 and who are full time students expected to complete their secondary schooling or equivalent training before reaching age 19 may be eligible for title IV-E FCMP.

Under section 475(8)(B) of the Act, a title IV-E agency may optionally define “child” as age 18 or older (up to age 21) consistent with section 475(8) of the Act and provide title IV-E FCMP for eligible youth if the youth meets certain criteria. Under both options, if a youth ages out of foster care at age 18 and the title IV-E agency no longer has placement and care responsibility, the title IV-E agency must make a new determination of the youth’s title IV-E eligibility if the youth later reenters foster care (see Child Welfare Policy Manual section 8.3A.10, Q&A #2).  A child at age 18 could retain their title IV-E eligibility if the child provides written authorization for the title IV-E agency's continued placement and care responsibility prior to aging out of foster care or if a court order continues the agency’s placement and care responsibility.  In this scenario, the child must still meet the requirements of section 406 of the Act for the former AFDC plan option, or the criteria elected by the title IV-E agency under the definition of child in section 475(8)(B) of the Act to be eligible for title IV-E FCMPs.

A title IV-E agency may limit title IV-E foster care under section 475(8)(B) of the Act to a child that was in foster care prior to turning age 18. However, there is no federal requirement for a child to have been in foster care prior to turning age 18 to receive title IV-E foster care at age 18 or older under section 475(8)(B) of the Act.

Source/Date

ACYF-CB-PIQ-85-05 (4/12/85); 12/31/2007; revised 9/30/26

Legal and Related References

Social Security Act - sections 406 (a) (as in effect on July 16, 1996); 472(a)(3); Child Welfare Policy Manual section 8.3A.10 Q&A2

Answer

No. The State must newly determine the child's title IV-E foster care eligibility once a child ages out of foster care at age 18 and the State no longer has placement and care responsibility. Section 8.3A.10 Q&A2 of the Child Welfare Policy Manual explains that a re-determination of title IV-E eligibility is permitted only when the child is continuously in foster care status and remains under the responsibility of the State agency for placement and care, neither of which is the case as described. However, a youth at age 18 could retain his/her title IV-E eligibility if s/he provides written authorization for the State's continued placement and care responsibility prior to aging out of foster care, and is a full time student and expected to complete his/her secondary schooling or equivalent training before reaching age 19 consistent with the State's former AFDC plan.

Source/Date

12/31/2007

Legal and Related References

Social Security Act § section 472(a)(3); Child Welfare Policy Manual section 8.3A.10 Q&A2