HAR §17-1617-14. Continued eligibility requirements for federally funded foster care maintenance payments

(a) Eligibility re-determination. A child's eligibility for federally funded foster care maintenance payments shall be redetermined within six months of the initial determination of eligibility and at intervals not greater than every six months thereafter. (b) Income and deprivation. (1) After the initial month of placement, only the child's income and assets shall be considered in determining the amount to be applied toward the federally funded foster care maintenance payment and in determining continuing eligibility for the payment. For a child to meet the continued eligibility requirements, the child's income and assets shall not exceed 185% of the AFDC standard of need as of July 16, 1996. (2) The provisions relating to income, assets, child support, and the budgeting process applicable to the AFDC program and specified in 45 C.F.R, Parts 233 and 302, shall apply to the federally funded foster care maintenance program. (3) Parental deprivation shall continue to exist in the household from which the child was 1617-23 2946 legally removed via judicial determination or via voluntary foster custody agreement. (c) Periodic reviews. (1) Periodic reviews to determine that placement is in the best interest of the child shall be held. (A) For children removed from the home prior to March 27, 2001 as a result of a judicial order for a physical or constructive removal, there shall be a judicial determination that the department has made reasonable efforts to finalize the permanency plan that is in effect. This determination must have been made by March 27, 2001 and at least once every twelve months thereafter while the child is in foster care. (B) For children removed from the home on or after March 27, 2001 as a result of a judicial order for a physical or constructive removal, within twelve months of the date the child is considered to have entered foster care and at least once every twelve months thereafter while the child is in foster care, there shall be a judicial determination that the department has made reasonable efforts to finalize the permanency plan that is in effect. (2) If a judicial determination regarding reasonable efforts to finalize a permanency plan is not made, the child shall become ineligible under Title IV-E from the end of the twelfth month following the initial date of entry into out-of-home care or the end of the twelfth month following the month in which the most recent judicial determination of reasonable efforts to finalize a permanency plan was made, and shall remain ineligible until such a judicial determination is made. 1617-24 0 (d) Voluntary placements. Federal reimbursement for a child removed from the home pursuant to a voluntary foster custody agreement may not be paid for more than one hundred eighty days unless there has been a judicial determination by the court made at the first court hearing and within the first one hundred eighty days of such placement that such placement is in the best interests of the child. [Eff DEC 09 2010 ] (Auth: HRS §346-14) (Imp: HRS §587A-11; 45 C.F.R. §§233.10, 233.20, 233.40, 233.50, 1356.21; 65 Fed. Reg. 4020-01)