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8.2B.3. TITLE IV-E, Adoption Assistance Program, Eligibility, Child of a minor parent
Answer
Section 473(a)(2)(A)(i)(I)(cc) of the Social Security Act provides that the child whose costs in a foster family home or child-care institution are covered by the title IV-E foster care payment made with respect to the parent is eligible for adoption assistance under title IV-E, if determined by the title IV-E agency to be a child with special needs under section 473(c). *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-PA-88-01 (7/6/88); Questions and Answers on the Final Rule (65 FR 4020 (1/25/00); (03/03/2020)
Legal and Related References
Social Security Act - section 473(a)(2)(A)(i)(I)(cc), 473(c), and 479B
Answer
Effective October 1, 2005, the child of a minor parent must meet the title IV-E adoption assistance eligibility criteria prior to finalization of the adoption.
*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
8/7/2006; (03/03/2020)
Legal and Related References
Social Security Act - Section 473(a)(2)(A)(i)(I)(cc), 473(c), and 479B; Public Law 109-171, The Deficit Reduction Act of 2005
Answer
The statute at 473(a)(2)(A)(ii)(I)(cc) requires that the applicable child of the minor parent lived with his or her minor parent in a foster family home or child care institution and does not specify a timeframe. Therefore, the applicable child of a minor parent may reside with his or her minor parent at any point prior to the finalization of the child's adoption.
Source/Date
5/4/2011
Legal and Related References
Social Security Act § section 473(a)(2)(A)(ii)(I)(cc)