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(1) As a condition of IV-E eligibility, a child who is removed from the custody of a parent or other relative must have been living with any relative who is related by blood, including half blood, or by marriage or adoption, and who is within the fifth degree of kinship to the child. At some time during the six months immediately prior to the month of eligibility, the child must have lived with the relative in a place of residence maintained as the relative's home.

(2) The specified relative with whom the child resided during the six months prior to the month of eligibility must be the child's parent, grandparent, great grandparent, great-great grandparent, great-great-great grandparent, sibling, uncle, aunt, great uncle, great aunt, great-great uncle, great-great aunt, first cousin, first cousin once removed, nephew, or niece. Steprelatives of the same degree of kinship are also considered to be within the required degree of kinship; for example, stepparent, stepgrandparent or stepsibling.

(3) A spouse of any of the relatives named in (1) or (2) is considered to be within the required degree of kinship, even after the marriage has been terminated by death or divorce.

(4) The child must be placed in foster care after being removed from the legal custody of a parent or other legal custodian. Removal may occur under the terms of an agreement providing for foster care placement signed by a person with legal custody of the child or as a result of a petition filed by the department, a tribe, another state agency or a licensed child placing agency seeking to declare the child a youth in need of care.

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; AMD, 2004 MAR p. 2292, Eff. 9/24/04.

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