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3.4. INDEPENDENT LIVING, Related Foster Care Requirements
Answer
Yes. On a case-by case basis only. If the State identifies independent living as the permanency plan, it must document to the court a "compelling reason" that it is not in the best interest of the child to return home, be referred for termination of parental rights, or be placed for adoption, with a fit and willing relative, or with a legal guardian. An example of a compelling reason found in the regulation at 45 CFR 1356.21(h)(3)(i) is the case of an older teen who requests that emancipation be established as his/her permanency plan.
Source/Date
Questions and Answers on the Chafee Foster Care Independence Program
Legal and Related References
Social Security Act - section 475, 45 CFR 1356.21(h)
Answer
In general, the definition of foster care at 45 CFR 1355.20 applies. It defines foster care as "24 hour substitute care for all children placed away from their parents or guardians and for whom the State agency has placement and care responsibility..." However, in light of the requirement from the Social Security Act in section 477(b)(3)(G) that States make benefits and services available to Indian children on the same basis as other children in the State, children in Tribal or BIA placements who are otherwise eligible are considered to have been "in foster care" for purposes of this program.
Source/Date
7/25/2002
Legal and Related References
Social Security Act - section 477(b)(3)(G), 45 CFR 1355.20
Answer
Yes. The definition of foster care at 45 CFR 1355.20 does not require a payment.
Source/Date
Questions and Answers on the Chafee Foster Care Independence Program
Legal and Related References
45 CFR 1355.20
Answer
If the Indian youth is placed in the boarding school as his/her foster care placement, the youth is eligible for the services of the Chafee program. This answer is the same whether or not the Indian boarding school is in Canada.
Source/Date
7/25/2002
Legal and Related References
Social Security Act - section 477, 45 CFR 1355.20
Answer
No. According to the definition of a child care institution, which is a foster care placement option at 45 CFR 1355.20, "detention facilities, forestry camps, training schools, or any other facility operated primarily for the detention of children who are determined to be delinquent" are not considered foster care placements. Therefore, a youth who is placed in a detention facility is not considered to be in foster care. If the youth has never been in foster care, Chafee funds cannot be used to serve him/her.
Source/Date
7/25/2002
Legal and Related References
Social Security Act - section 477, 45 CFR 1355.20