2103 Application Process
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Foster Care
Medical - Sect. 1931 of the Social Security Act; 42 |
2103.1 Caseworker Responsibilities
A. The Caseworker will initiate the application
process within seven (7) working days, (see NOTE at end of this chapter), from
the date the child is removed from the home by submitting to the Benefit
Specialist the following forms/verifications:
1.
Application for benefits, form SS-501A Placement Application,
which must be signed by the appropriate
manager or designee since s/he is acting as the child's guardian. (At no time is the Benefit Specialist to
sign an application as the applicant);
2. A copy of the SS 611 form(s), Temporary
Authorization for Medical Services for Children, if the child required medical
services prior to the date of
application.
3. A copy of the SS 11 Voluntary Placement
form, when applicable.
4.
The DFS-FO Caseworker will initiate the
application process within seven (7) working days from the date the IV-E
eligible ICPC child is placed by submitting to the Benefit Specialist
the following:
a. Application for benefits (SS 501A Placement
Application);
b. Verification from the sending state the ICPC
child is IV-E eligible.
B. Within 15 days of removal from the home the
Caseworker will meet with the parents/caretakers and complete the Child Support
form DFS 543. The caseworker will
complete the DFS 543 on every child taken into DFS custody for each parent
including deceased parents. The
caseworker will submit the completed forms to the Benefit Specialist:
1. Child support forms must be signed by the
appropriate manager or designee
since s/he is acting as the child's guardian.
a. The caseworker will:
(1) Meet with the parent(s)/caretaker(s) and, using the DFS 543, gather
all data requested therein concerning both parents (a separate form is required
for each parent and each child if more than one child is in custody);
(2) Forward immediately the original(s) copy of the DFS 543 form(s) to
the Benefit Specialist along with the date and time of the dispositional
hearing.
b. Provide child support forms and evidence to the Benefit Specialist
when good cause for non-cooperation is being
requested
as the procedures in (1) - (2) will not apply unless good cause is denied.
(1) Complete the DFS 546 (backside of DFS 543) when claiming good cause
for non-cooperation with the pursuit of child support due to possible
physical/emotional harm resulting to the child;
(2) Provide to the Health Department evidence and/or a written
statements to support the good cause claim;
(3) Realize the good cause claim approval/denial will be determined by the
Medicaid Unit;
(4) Realize a review of the good cause claim will be needed at each
periodic review.
2. Information allowing the Benefit Specialist to make a
determination of Foster Care eligibility such as: (within 30 days)
a. Information for the entire household when the child was
removed from the home of her/his natural or adoptive parent(s); or
b. Information for the child only when s/he was removed from
the home of a specified relative other than the parent(s). If the relative has a court order for
financial responsibility, then consider the relative’s income and assets.
3. Declaring the following eligibility factors are correct as stated
on the application.
a. Citizenship/Residence;
b. Age;
c. Social Security number;
d. Income.
4. Copy of the placement contract to verify
daily/monthly payment rate.
C. Court Orders/Judicial Determinations
1.
Court orders are
required to determine IV-E eligibility; they are not needed for other foster
care categories.
2103.2 Benefit Specialist Responsibilities
A. Understand
the Economic Assistance DFS-FO staff
is responsible for:
1. Receiving the application (SS 501A) with supporting declarations
and verifications and notifying Child Support Enforcement (CSE) immediately via
email that the child is in placement;
2. Placing the case in a pending status (FM) on
EPICS while eligibility is being determined but not for more than 60 days;
3. Determining eligibility for one of the
foster care categories below within 60 days and establishing eligibility of the
child in the first category for which s/he qualifies:
a. IV-E foster care (FC);
b. State foster care (RC);
c. Zero to Six foster care (FA);
d. Six and older foster care (FI);
e. Institutional foster care (FT);
f. Basic foster care (FR);
g. IV-E subsidized adoption (IV);
h. State subsidized adoption (RA);
i. Out-of-state placement when the receiving
state is providing medical coverage (OE).
4. Determining eligibility for the appropriate
foster care category when retroactive medical coverage is requested as medical
services were required for the child prior to the date of application per the SS 611 form(s) submitted by the Caseworker;
5. Notifying the Caseworker the ICPC child is
not eligible for State foster care or IV-E because s/he is placed with
her/his parent(s) in the State of
6. Processing the application within 30 days
from the date of the referral;
7. Forwarding the DFS 543 Child Support
Referral form to CSE within five (5) days, when good cause is not
requested.
8. Forwarding the DFS 543, DFS 546 and evidence within 20 days to the
Health Department Medicaid Unit when
good cause for non-cooperation with child support is being claimed;
9. Notifying the Caseworker if additional information is needed to
complete the eligibility determination;
10. Notifying the Caseworker concerning the action taken on the
Economic Assistance portion of the foster care case.
B. Assist the Caseworker in completion of the
forms if the child was in a household eligible for benefits prior to the
placement and most of the documents of verification are in the agency file.
C. Copy the necessary documents for the case
record.
2103.3 Child Support Enforcement Responsibilities
A.
Provide
each parent with a copy of the Financial Affidavit Form and advise each parent
s/he must complete the form, attach copies of their last two federal income tax
returns and their last two pay stubs. CSE will forward a copy of the completed
Financial Affidavit to the Benefit
Specialist.
B.
Require
the parent(s) to obtain a copy of any existing court order requiring either
parent to pay child support;
C.
Require
the parent(s) to make an appointment with CSE within 20 days following the
dispositional hearing or as ordered by the court.
D.
Send a copy of the court order to the Benefit Specialist whenever
one is obtained.
2103.4 Child
Support Compliance
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AFDC
1996 45 CFR 232.11; 45 CFR 232.40 -.49 |
A. The Benefit
Specialist will determine if the foster child meets the child support
eligibility factor.
1.
Assignment of
Rights to Support (SS 501 A), Report of Absent Parent Form (DFS 543) - Require the Guardian ad litem to complete the
Assignment of Rights to Support by signing an Application (SS-501A) and to
complete the Report of Absent Parent form (DFS-543) on each absent parent of
each eligible foster child and to show intent to cooperate or not to
cooperate.
2.
Note: When a child goes home for a trial visit or
is sent to a new placement, new 543’s are not needed. However, CSE does need to know when the
placement changes including the new placement name and address.
3.
Good Cause
Claim (DFS 546) and Good Cause Claim Process Require the guardian/Caseworker to read and sign the Good Cause Claim
form.
(a) Allow the
guardian/Caseworker the right to claim good cause requiring that one of the
following circumstances exist:
(1) Cooperation
in establishing paternity or securing child support is reasonably anticipated
to result in physical or emotional harm to the child;
(2) The child,
for whom support is sought, was conceived as a result of incest or rape;
(3) Legal
proceedings for the adoption of the child are pending before a court of
competent jurisdiction.
(b)
Give the Good Cause Claim form (DFS-546) to the guardian/Caseworker
promptly upon request.
(c)
Require the
guardian/Caseworker claiming good cause to provide evidence within twenty (20)
days of signing the DFS-546.
(d)
Upon receiving
the evidence proceed as follows:
(1)
Review the
evidence;
(2)
Recommend
approval or denial of the good cause claim; and
(3)
Give the reason
for the recommendation by attaching a memo to the form; and
(4)
Forward the
DFS-543, DFS-546, evidence, recommendations and reasons to the DFS-State Office
POWER unit.
(e) Consider
the foster care case to be:
(1) Exempt
from cooperation when good cause is approved, and
(2) Required
to cooperate when good cause is denied.
(f) Require a
re-evaluation of approved good cause claims:
(1) This
review is required every six months during the periodic review as well as at
the time requested by the DFS-State Office.
(2) Require
current evidence when requested by the DFS-State Office; and
(3) Submit a
speed letter to the Economic Assistance Unit stating no change in
circumstances, or if there has been a change, describing it and attaching the evidence
when requested.
(g) Acknowledge
child support will not attempt to establish paternity or collect support when
the good cause claim is approved.
B. Child Support Distribution
Process
Realize any child support collected for a foster care
case will be used toward the maintenance costs for the child and only the
excess over the cost of care is available to the child.
NOTE: Keep in mind that if the application is
not received during the seven (7) day time period, the child may still be
eligible if the application is received between the date of the removal and the
time a child is no longer in