37.49.401    IV-E ELIGIBILITY: A CONDITION OF NEED MUST EXIST

(1) A child is not IV-E eligible unless the requirements in ARM 37.49.102 are met.

(2) After the initial determination of IV-E financial eligibility, the child is not eligible for IV-E benefits as specified in ARM 37.49.102(4) (a) and (b) unless:

(a) deprivation of parental support as defined in ARM 37.49.113 exists, and:

(i) the child is under 18 years of age; or

(ii) the youth is age 18 or a full-time student in a secondary school and is reasonably expected to obtain a secondary school diploma or its equivalent in or before the month of the child's 19th birthday; and

(b) a judicial determination that:

(i) reasonable efforts to finalize the permanency plan have been made within 12 months from the time the court determined that the child was subjected to abuse or neglect; or

(ii) 12 months after the first 60 days of the removal from the home, whichever comes first; or

(iii) from the time of the last permanency plan hearing, or within 30 days of a determination that reasonable efforts to provide preservation or reunification services are not necessary;

(c) the child is placed in a IV-E eligible and licensed foster care placement; and

(d) the child has income and resources equal to or less than the applicable income and resource standards established in ARM 37.49.407 and 37.49.501.

History: Sec. 53-2-201 and 53-6-113, MCA; IMP, Sec. 53-2-201, 53-2-613 and 53-6-131, MCA; NEW, 1999 MAR p. 1514, Eff. 7/2/99; AMD, 2003 MAR p. 1196, Eff. 6/13/03.