8-001.02Q2 Deletion or Termination of Federal IV-E Subsidy

479 NAC 8-001.02Q2

Termination or deletion of federal IV-E subsidies are made because of the following factors:

1. The terms of the agreement have terminated;

2. The child is beyond the age of eligibility. A federal subsidy is terminated:

(1) On the child's 19th birthday if the child is disabled, as documented by SSI determination or determination of the Department's Medical Review Team. A determination made after finalization can be submitted by the worker for the purpose of continuation between the child's 18th and 19th birthdays; or

(2) On the child's 18th birthday if the child is not determined disabled by SSI determination or determination of the Department's Medical Review Team. In this case, if the need for subsidy continues between the child's 18th and 19th birthdays, the child can be transferred to the state maintenance program.

3. The parents requested termination of the subsidy;

4. The child dies;

5. The child re-enters foster care and the Department determines that the parents are:

a. No longer legally responsible for support of the child; or

Note: A parent is considered no longer legally responsible for support of the child when parental rights have been terminated or relinquished, or when the child becomes an emancipated minor, marries, or enlists in the military.

b. No longer providing any support to the child.

Note: Any support is defined as various forms of financial support, such as:

(1) Child support payments;

(2) Clothing purchases;

(3) Incidental items;

(4) Transportation, meals, and lodging for visits with the child and/or to participate in family therapy;

(5) Expenses for long distance phone calls.

Maintenance of the home for the child is not included as support.

If the family is providing any of these forms of support but the amount of money spent on them appears to be less than the subsidy amount, the worker must discuss with the family the possibility of reducing the maintenance payment. However, it cannot be reduced without the family's written agreement.

Note: If a and b are not present, the subsidy cannot be reduced without written consent of the adoptive parent.