2-009.01B1 Placement by Court Order
Payment may be made from IV-E funds if a ward has been physically or constructively removed from the home of a specified relative (see 479 NAC 2-009.01B1a) by a court. It may be a county, district, separate juvenile, or Indian tribal court.
The court order must state that:
1. Continuation in the home would be contrary to the welfare of the child, or that placement would be in the best interest of the child.
The "contrary to the welfare determination" must be in the first court ruling sanctioning the removal of a child from home. If the determination regarding "contrary to the welfare" is not made in the first court ruling pertaining to the removal, the child is not eligible for IV-E for the duration of that stay in foster care. The order must be child specific and detail why the child cannot remain in the home.
If the judicial determination references an exhibit in part or whole, the exhibit must be attached to the order regarding the removal. Nunc pro tunc orders or affidavits cannot be used.
2. Reasonable efforts:
a. Were made to prevent or eliminate the need for removal;
b. Were not possible because an emergency situation existed which indicated it was not in the child's best interests to prevent removal;
c. Are currently being made to reunite the child with his/her family; or
A judicial determination of reasonable efforts must be made no later than 60 days from the date the child is removed. The finding must be child specific and detail why the child cannot remain in the home.
If a judicial determination is not made within 60 days of the date of removal, the child is not eligible for IV-E for the duration of that stay in foster care.
d. Reasonable efforts were not required because a court of competent jurisdiction determined that:
(1) The parent of the ward subjected the ward to aggravated circumstances, including, but not limited to, abandonment, torture, chronic abuse, or sexual abuse;
(2) The parent of the ward has:
(a) Committed first or second degree murder of another child of the parent;
(b) Committed voluntary manslaughter of another child of the parent;
(c) Aided or abetted, attempted, conspired, or solicited to commit murder, or aided or abetted voluntary manslaughter of the ward or another child of the parent; or
(d) Committed a felony assault which resulted in serious bodily injury to the ward or another minor child of the parent; or
(3) The parental rights of the parent to a sibling of the ward have been terminated involuntarily.
A judicial determination of reasonable efforts to finalize a permanency plan must be made within 12 months of the child's entry into foster care and within every subsequent 12 months while the child is in foster care.
If no judicial finding regarding reasonable efforts to finalize a permanency plan is made, the child becomes ineligible for IV-E from the end of the 12th month following the date the child entered foster care. The child remains ineligible for IV-E until a judicial determination to finalize a permanency plan is made.
Nunc pro tunc orders or affidavits cannot be used.
{2/23/04 }