8.2B.10. TITLE IV-E, Adoption Assistance Program, Eligibility, Responsibility for placement and care

Answer

The eligibility requirements for adoption assistance in section 473(a)(2) of the Act do not specify that the title IV-E agency must have placement and care responsibility for a child to qualify for adoption assistance. There are some situations, however, in which the criteria dictate that a child who is not an applicable child be under the placement and care responsibility of the title IV-E agency or that of another public agency (including Tribes without an approved title IV-E plan) that has a title IV-E agreement in order to be eligible for title IV-E adoption assistance. These are:

1) a child who is placed pursuant to a voluntary placement agreement and who must have had a title IV-E foster care maintenance payment paid on his or her behalf under the agreement, consistent with section 472(a)(2)(B) and 473(a)(2)(A)(i)(I)(aa) of the Act; and

2) a child who is eligible for title IV-E adoption assistance based upon his or her minor parent's eligibility for title IV-E foster care while in the custody of the State agency, consistent with section 473(a)(2)(A)(i)(I)(cc) of the Act.

*Note: This Q/A was previously deleted on 10/25/2017 because at the time, the phase-in for the applicable child in section 473(e)(1)(B) of the Act was complete. P.L. 115-123 amended section 473(e)(1)(B) to extend the applicable child phase-in to FY 2025, effective 1/1/2018.

Source/Date

ACYF-CB-IM-01-01 (11-6-01); (03/03/2020)

Legal and Related References

Social Security Act - section 473(a)(2) and (e), and 479B