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(1) IV-E eligibility for a child who has been placed in substitute care shall be determined based on circumstances in the month of eligibility as defined in ARM 37.49.101.

(2) A child shall be determined IV-E eligible if:

(a) the child was placed in substitute care:

(i) pursuant to a voluntary placement agreement entered into by the child's parent or legal guardian; or

(ii) by an order issued by a court of competent jurisdiction pursuant to the provisions of Title 41, chapter 3, MCA;

(b) the state or tribe has legal responsibility for the child's care and placement in accordance with the requirements of the Title IV-E agreement between the tribe and the state;

(c) the child:

(i) meets the requirements for IV-E eligibility as specified in ARM 37.49.101 through 37.49.502 in the month of eligibility; or

(ii) was living in the home of the legal custodial specified relative as provided in ARM 37.49.112 during any month in the six months immediately prior to the month of eligibility and would have met the requirements for IV-E eligibility as specified in ARM 37.49.101 through 37.49.502 during said month; and

(d) meets all other eligibility requirements of ARM 37.49.101 through ARM 37.49.502.

(3) If a child is determined to be IV-E eligible, eligibility continues as long as the child remains in state custody or jurisdiction until age 18, regardless of subsequent changes in the filing unit's income or resources. However, IV-E funds cannot be used for maintenance payments when:

(a) deprivation of parental support as defined in ARM 37.49.113 no longer exists; or

(b) the child is age 18 unless the child is a full-time student in a secondary school who is reasonably expected to obtain a secondary school diploma or its equivalent in or before the month of the child's 19th birthday.

(c) a judicial determination that:

(i) reasonable efforts to finalize the permanency plan have not been made within 12 months from the time the court determined that the child was subjected to abuse or neglect; or

(ii) 12 months after the first 60 days of the removal from the home, whichever comes first; or

(iii) from the time of the last permanency plan hearing or within 30 days of a determination that reasonable efforts to provide preservation or reunification services are not necessary;

(d) the child is not placed in a IV-E eligible and licensed foster care placement; or

(e) the child's income and/or resources exceed the limits specified in ARM 37.49.407 and 37.49.501.

(4) A child who is IV-E eligible and who meets the requirements of (3) may receive benefits consisting of:

(a) IV-E foster care medicaid coverage; and

(b) IV-E foster care maintenance payments.

History: Sec. 53-2-201 and 53-6-113, MCA; IMP, Sec. 53-2-201 and 53-6-131, MCA; NEW, 1999 MAR p. 1514, Eff. 7/2/99; AMD, 2003 MAR p. 1196, Eff. 6/13/03.

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