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3.1E. INDEPENDENT LIVING, Certifications and Requirements, Miscellaneous Requirements
Answer
No. The Social Security Act at sections 475(1) and (5) addresses case plan and case review system requirements for titles IV-E and IV-B. There is no statutory requirement for judicial approval. The court's role is to exercise oversight of the permanency plan, review the State agency's reasonable efforts to prevent removal from the home, reunify the child with the family, conduct permanency hearings and finalize permanent placements. Although approval is not required, the court must address, as part of the permanency hearing, the services needed to assist youth ages 16 and over to make the transition from foster care to independent living.
Source/Date
7/25/2002
Legal and Related References
Social Security Act - section 475(1) and (5) Child Welfare Policy Manual 8.3C.1
Answer
Yes. The regulations at 45 CFR 1355.30(p)(2) provide that the procedures for hearings found in 45 CFR 205.10 apply to all programs funded under titles IV-B and IV-E of the Social Security Act. The Chafee Foster Care Program for Successful Transition to Adulthood Program (including the ETV program) is authorized in title IV-E of the Social Security Act and is therefore subject to the regulations in 45 CFR 205.10. In addition, the requirements in 45 CFR 205.10 apply to fair hearings in relation to services as well as for financial claims (see CWPM 8.4G, Q/A #1).
Source/Date
4/26/2022
Legal and Related References
45 CFR 205.10 and 1355.30(p)(2); CWPM 8.4G #1