- CWPM Home
- 1. AFCARS
- 2. CAPTA
- 3. Independent Living
- 4. MEPA/IEAP
- 5. Monitoring
- 6. CCWIS
- 7. Title IV-B
- 8. Title IV-E
- 9. Tribes/Indian Tribal Organizations
- Search the Child Welfare Policy Manual
- Additional Resources
- User Guide
- Withdrawn Child Welfare Policies
- References
- Print the Manual
- Additions to the Manual
- Deletions to the Manual
- Modifications to the Manual
- Cumulative Change History of Questions & Answers
8.3A.8b. TITLE IV-E, Foster Care Maintenance Payments Program, Eligibility, Facilities requirements, foster family home
Answer
The sentence of the regulation at 45 CFR l355.20 which refers to group homes or boarding homes does not change the required nature of the facility, which must be the home of an individual or family. A group home owned and operated by a corporation would not be within the definition of a foster family home. A foster family group home or foster family boarding home, if it is licensed or approved as such by the State and it is the home of an individual or family, would be considered within the definition of "foster family home," whether payments are made to the individual, family, or to a public agency or non-profit child placement or child care agency (section 472(b)(1) of the Social Security Act).
Source/Date
ACYF-CB-PIQ-87-04 (8/13/87)
Legal and Related References
Social Security Act - section 472; 45 CFR 1355.20 (a)
Answer
No. Title IV-E provides at section 472 (b) that foster care maintenance payments may be made on behalf of a title IV-E eligible child who is either: (1) in the foster family home of an individual; or (2) in a child-care institution.
It is not the intent of the regulation to equate residential treatment in a child care institution with foster family care.
Source/Date
ACYF-CB-PIQ-87-04 (8/13/87)
Legal and Related References
Social Security Act - section 472 ; 45 CFR 1355.20
Answer
No. Foster care is defined as “24-hour substitute care for children placed away from their parents or guardians and for whom the title IV-E agency has placement and care responsibility.” (45 CFR 1355.20). If a parent is residing in the same licensed/approved foster family home, then the child is not placed “away from their parents or guardians.” However, this does not apply to the minor parent and his/her child who are both placed in the same foster family home because the statute specifically identifies such placements as allowable and supersedes the regulation (42 U.S.C. 675(4)(B)).
Source/Date
9/9/2025
Legal and Related References
42 U.S.C. 675(4)(B); 45 CFR 1355.20