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8.3A.8d. TITLE IV-E, Foster Care Maintenance Payments Program, Eligibility, Facilities requirements, supervised independent living
Answer
A title IV-E agency has discretion to develop a range of supervised independent living settings for youth age 18 or older, as long as those settings can be reasonably interpreted as consistent with the law at section 472(c)(2) of the Act and are paired with title IV-E agency supervision.
A title IV-E agency may determine that a youth residing in the home of a parent or guardian is an allowable supervised independent living setting. In this arrangement, the parent or guardian is not the foster care provider for the youth, nor has the agency returned the youth home to live under the care of his/her parent or legal guardian.
For example, the title IV-E agency may consider a youth who normally resides in a dorm during college and lives in a room in the home of his/her parent during college breaks, or a youth who takes classes and rents a basement room from his/her guardian, to be in allowable supervised independent living setting when the arrangement is paired with the title IV-E agency supervision.
A title IV-E agency may determine a substance abuse, mental health or other adult residential treatment facility to be a supervised independent living setting only if the youth is living in the facility voluntarily and the arrangement is paired with title IV-E agency supervision.
Ultimately, it is the responsibility of the title IV-E agency to evaluate the individual circumstances of the youth and the nature of the living arrangement to determine whether it is an appropriate and allowable independent living setting consistent with section 472(c)(2) of the Act.
Source/Date
5/6/2013, revised 9/30/26
Legal and Related References
Social Security Act § section 472(c)(2); ACYF-CB-PI-10-11
Answer
It depends. Title IV-E agencies have the discretion to develop a range of supervised independent living settings for youth age 18 or older which can be reasonably interpreted as consistent with the law at section 472(c)(2). A title IV-E agency may consider a substance abuse, mental health or other adult treatment facility to be a supervised independent living setting only if the youth is living in the facility voluntarily. In addition, this arrangement must be paired with title IV-E agency supervision.
Source/Date
5/6/2013
Legal and Related References
Social Security Act § section 472(c)(2); ACYF-CB-PI-10-11