OAR 413-100-0335
Title IV-E Adoption Assistance Eligibility Determination

(1)

A child is not eligible for Title IV-E adoption assistance when:

(a)

The child is not a citizen or resident of the United States; and

(b)

The child was adopted outside of the United States or was brought into the United States for the purpose of being adopted.

(2)

A child that meets the special needs criteria as defined by OAR 413-100-0125 (Initial Determination Requirements) is eligible for Title IV-E adoption assistance when the requirements of at least one of the following subsections are met:

(a)

In the case of a child who is not an applicable child, the child is eligible for Title IV-E adoption assistance when at least one of the following apply:

(A)

The child was determined eligible for Title IV-E foster care, in accordance with the eligibility criteria prescribed in OAR 413-100-0125 (Initial Determination Requirements) to 413-100-0240 (Judicial Finding Requirements for Title IV-E Eligibility).

(B)

The child meets all eligibility requirements for SSI benefits.

(C)

The child’s payments in a certified foster home or private child caring agency are covered by a Title IV-E foster care maintenance payment being made for his or her minor parent.
(D) The child’s eligibility for a Title IV-E adoption assistance payment was established for a prior adoption, and the child is now available for adoption because of one of the following:
(i) The prior adoption has been dissolved, and the parental rights of the adoptive parents have been terminated or relinquished; or
(ii) Each adoptive parent of the child has died.
(b) In the case of a child who does not meet at least one of the criteria in section (2) of this rule, who is an applicable child as defined by section (3) of this rule, the child is eligible for Title IV-E adoption assistance when at least one of the following apply:

(A)

At the time of initiation of the adoption proceeding, the child was in the care of a public or licensed private child placement agency or Indian tribal organization pursuant to:
(i)
An involuntary removal in accordance with a judicial determination that it was contrary to the child’s welfare for the child to remain in the home; or
(ii) A voluntary placement agreement or voluntary relinquishment.

(B)

The child meets all medical and disability requirements of Title XVI with respect to eligibility for SSI benefits.
(C) The child was residing in a family foster home or child care institution with his or her minor parent and the minor parent was removed from the home pursuant to:
(i)
An involuntary removal in accordance with a judicial determination to the effect that it was contrary to the child’s welfare to remain in the home; or
(ii) A voluntary placement agreement or voluntary relinquishment.

(D)

The child was adopted and was determined eligible for Title IV-E adoption assistance in a prior adoption and is available for adoption because of one of the following:
(i)
The prior adoption was dissolved and the parental rights of the adoptive parents have been terminated or relinquished; or
(ii)
The child’s adoptive parents have died.

(3)

An “applicable child" as defined in section 473(e) of the Social Security Act (42 U.S.C. 673) meets at least one of the following requirements:

(a)

The child meets the applicable age requirements if during the federal fiscal year (FFY) (October 1 through September 30) in which the adoption assistance agreement is finalized, he or she attains the applicable age, as illustrated by Exhibit 1. The Department maintains this exhibit on the Department’s website. A printed copy of the exhibit may be obtained by contacting the Department of Human Services, Office of Child Welfare Programs, ATTN: Federal Policy, Planning and Resources Program, PO Box E-67, 500 Summer St. NE, E93, Salem, OR 97301;

(b)

The child has been in foster care under the responsibility of the Title IV-E agency for any 60-consecutive-month period prior to finalization of the adoption; or

(c)

The child is a sibling of another child the Department has determined is an applicable child and both children are placed in the same adoption arrangement.

(4)

To be eligible for an extension of Title IV-E adoption assistance through age 20, the young adult must meet the requirements of OAR 413-130-0055 (Extension of Adoption Assistance for a Young Adult).

(5)

Private Agency Adoptions. To be eligible for Title IV-E adoption assistance, a child voluntarily relinquished to a public or private nonprofit agency must meet the special-needs criteria described in OAR 413-130-0020 (Special Needs Determination for Adoption Assistance Eligibility) and all the following requirements:

(a)

The child must be voluntarily relinquished either to the state agency (or another public agency, including tribes with whom the state has a Title IV-E agreement), or to a private, nonprofit agency.

(b)

Within six months of the date the child last lived with a specified relative, the entity to which the child was relinquished must file a petition with the court to remove the child from the home.

(c)

The court must make a subsequent judicial determination that remaining in the home would be contrary to the child’s welfare.

(d)

The child must meet the Title IV-E AFDC eligibility requirements, as described in OAR 413-100-0150 (Determining Parental Deprivation) through 413-100-0170 (Determining Resources).

(6)

Independent Adoptions. To be eligible for Title IV-E adoption assistance, a child voluntarily relinquished to an individual must meet the special needs criteria described in OAR 413-130-0020 (Special Needs Determination for Adoption Assistance Eligibility) and meet at least one of the following requirements:

(a)

The child meets the eligibility criteria for SSI at the time the adoption petition is filed.

(b)

The child is in a subsequent adoption, and he or she received Title IV-E adoption assistance in a previous adoption.

(7)

Eligibility for Title IV-E adoption assistance may not be presumed for a child placed with a guardian who is receiving a guardianship assistance payment through the Department’s Guardianship Assistance program. The Title IV-E Specialist must complete an adoption assistance eligibility determination on a form approved by the Department based on the original removal of the child.
[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

Source: Rule 413-100-0335 — Title IV-E Adoption Assistance Eligibility Determination, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=413-100-0335.

413–100–0000
Purpose 413–100–0005
Definitions 413–100–0015
Application for Title IV-E Foster Care Funds 413–100–0060
Title IV-E Reimbursable Placements 413–100–0065
Title IV-E Reimbursable Payments 413–100–0075
Eligibility Status 413–100–0080
Effective Date 413–100–0090
Correcting Eligibility 413–100–0110
Eligibility End Date 413–100–0125
Initial Determination Requirements 413–100–0135
Removal Requirements 413–100–0150
Determining Parental Deprivation 413–100–0160
Determining Financial Need 413–100–0170
Determining Resources 413–100–0180
Earned Income of Students 413–100–0210
U.S. Citizenship and Qualified Non-citizens 413–100–0230
Age Requirements 413–100–0240
Judicial Finding Requirements for Title IV-E Eligibility 413–100–0270
Redetermination Requirements 413–100–0320
Consolidated Omnibus Reconciliation Act (COBRA) and Title XIX Medicaid 413–100–0335
Title IV-E Adoption Assistance Eligibility Determination 413–100–0345
Guardianship Assistance Eligibility 413–100–0400
Purpose 413–100–0410
Definitions 413–100–0420
Child Welfare Title XIX Medicaid Program Eligible Populations 413–100–0430
Eligibility Determination for a Child or Young Adult in Substitute Care 413–100–0432
Payments for Services Provided in Emergency Situations When a Child or Young Adult is Not Enrolled in Title XIX Medicaid 413–100–0435
Title XIX Medicaid Eligibility for a Child or Young Adult Receiving Adoption Assistance or Guardianship Assistance 413–100–0445
Youth in Detention 413–100–0451
Interstate Compact for the Placement of Children (ICPC) and Interstate Compact on Adoption and Medical Assistance (ICAMA) 413–100–0455
Out-of-State Placements 413–100–0460
Citizenship and Alienage 413–100–0530
Compliance 413–100–0800
Child Support Referrals 413–100–0810
Child Support Arrears Owed to Department 413–100–0820
Handling DCS Case Information 413–100–0830
Paternity and Parentage Establishment
Last Updated

Jun. 8, 2021

Rule 413-100-0335’s source at or​.us