Judicial Determination – The judicial determinations for Title IV-E eligibility are

Judicial Determination – The judicial determinations for Title IV-E eligibility are intended to ensure that children are not removed from their homes unnecessarily. The first judicial determination must be to the effect that “continuation in the home would be contrary to the welfare of the child” or “removal was in the best interest of the child.” There must also be a judicial determination that “reasonable efforts were made to prevent the child’s removal from the home.” This determination must be made even if the removal is only temporary. In emergency situations, time does not allow for reasonable efforts to be made to prevent removal; therefore, the court order must indicate that “due to an emergency situation, reasonable efforts to prevent removal were not possible.” If reasonable efforts were not made, there must be documentation that reasonable efforts are now being made to return the child to the home. Specific Language For Title IV-E eligibility, the judicial determination must contain language as follows: 1. “Removal was in the best interest of the child” or “to remain in the home would be contrary to the welfare of the child” 2. “Reasonable efforts have been made to maintain the child within his own home” 3. “The circumstances are of such an emergency nature that no reasonable efforts have been made to maintain the child within his own home and there is no reasonable alternative to custody and;” 4. “Reasonable efforts will be made to return the child,” or 5. “Reasonable efforts to maintain the child within his home shall not be required if the court determines that:” a. “The parent has subjected the child to aggravated circumstances. (including but not limited to abandonment, torture, chronic abuse, and sexual abuse); or” b. “The parent has been convicted of murder or convicted of voluntary manslaughter of another child of that parent; or” c. “The parent has aided or abetted, attempted, conspired, or solicited to commit that murder or voluntary manslaughter; or a felony assault that results in the serious bodily injury to the surviving child or another child of that parent; or” d. “The parental rights of the parent to a sibling have been terminated involuntarily; and” e. “The effect of the continuation of the child’s residence within his own home will be contrary to the welfare of the child and that the placement of the child in foster care is in the best interest of the child.” Additional Determination A judicial determination must also be obtained that states reasonable efforts were made to finalize the permanency plan that is in effect (whether the plan is reunification, adoption, legal guardianship, placement with a fit and willing relative, or placement in APPLA) within twelve (12) months of the date the child is considered to have entered foster care, and at least once every twelve (12) months thereafter while the child is in foster care.