3120 SRS Children and Family Services Responsibilities
3130 Eligibility Determinations
3140 Initiating Payment to the CWCBS Provider of Out of Home Services
3141 Payments to the CWCBS Provider of Out of Home Services
3200 Eligibility for Title IV-E Funding
3210 Overview of the Title IV-E Program
3212 Overview of IV-E Basic and Payment Eligibility
3213 Documentation for IV-E Determination
3220 Initial IV-E Basic Eligibility Criteria
3221 IV-E Basic Eligibility - Judicial Requirements
3222 IV-E Basic Eligibility - AFDC Relatedness, General Information
3223 IV-E Basic Eligibility - AFDC Relatedness; Age
3224 IV-E Basic Eligibility - AFDC Relatedness; Citizenship
3225 IV-E Basic Eligibility - AFDC Relatedness; Specified Relative/Removal
3226 IV-E Basic Eligibility - AFDC Relatedness; Deprivation
3227 IV-E Basic Eligibility - AFDC Relatedness; Financial Need: Resources
3228 IV-E Basic Eligibility - AFDC Relatedness, Financial Need: Income
3230 Initial IV-E Payment Eligibility Criteria
3231 Initial IV-E Payment Eligibility - Judicial Determination
3232 Initial IV-E Payment Eligibility - Payment Eligible Placement
3233 Initial IV-E Payment Eligibility - Consideration of SSI Benefits
3240 IV-E Documentation and Tracking
3241 Cases Pending a IV-E Eligibility Determination
3250 Re-determination - Ongoing IV-E Eligibility
3251 Re-determination - Ongoing IV-E Basic Eligibility
3252 Re-determination - Ongoing IV-E Payment Eligibility
3260 Title IV-E Adoption Assistance
3300 General Assistance Foster Care (GA-FC)
3310 Eligibility For GA Foster Care
3320 Entering Basic and Payment Eligibility for GA-FC on KAECSES System
3400 Eligibility Requirements for Medicaid
3420 Medicaid Eligibility Requirements-Reunification Services
3430 Purchase Limitations and Guidelines for Medicaid
3431 KAN Be Healthy (KBH)
3432 Services Delivered Outside of Kansas
3433 Third Party Liability (TPL)
3434 Denied Medicaid Claims
Payment for Medicaid Services
3435 Newborn Medicaid Requirement
3436 Dependent Children of Minor Mothers
3511 Types of Waivers: Home and Community Based Services (HCBS)
3520 Eligibility for HCBS Waiver
3530 Medicaid Mental Health Service Delivery
3538 Payment for Psychiatric Residential Treatment Services (PRTF)
3539 Patient Liability for Psychiatric Residential Treatment Services (PRTF)
3600 Health Wave and Children in Foster Care
3610 HealthWave and Foster Care Entry
3611 HealthWave and Foster Care Closure
3700 Child Support Enforcement (CSE)
3800 TAF Eligibility for Dependent Children
3810 Eligibility Ceases Upon Separate Placements
3911 Applying for Benefits/Becoming Payee
3912 Notifications to Social Security Administration
3920 Benefit Accounts Management
3924 Establishing SRS as Benefit Payee
3970 Closing the Foster Care Payment Case
3980 Entering Payment Eligibility in FACTS
3000 OUT-OF-HOME PROGRAMS AND SERVICES
Children and Family Services (CFS) provides services to children whom the court has removed from their home and placed in the legal custody of SRS. These services are provided by CFS and a CWCBS provider. When the court has placed a child in the custody of SRS and ordered removal from the home, regional CFS staff make a referral to the CWCBS provider covering their SRS region.
3120 SRS Children and Family Services Responsibilities
Eligibility and payment responsibilities include:
Determine and Redetermine eligibility for Title IV-E.
Initial Medicaid Determination (See Section 3400 ).
Provide KAECSES information in the referral packet to the CWCBS provider.
Maintain issuance of the medical card to the child’s current placement.
Process any benefits for the child; i.e., SSI, SSA, VA, etc.
Document all eligibility determination and payment activity.
Closing Foster Care and Medicaid Payment Cases on KAECSES.
3130 Eligibility Determinations
A determination of Title IV-E foster care eligibility and Medicaid eligibility shall be completed as part of the referral process. A medical card shall be issued (Section 3400). The following is the documentation needed to complete eligibility determinations:
Journal Entry awarding SRS custody and ordering removal from the home.
Form CFS 4030-A (IV-E Eligibility Determination).
The Petition or Complaint initiating state custody
3140 Initiating Payment to the CWCBS Provider of Out of Home Services
Payments to the CWCBS Providers of out of home services are made by Children and Family Services Division. The referral information is entered into FACTS by SRS staff which is then downloaded into SCRIPTS by CFS. The referral in SCRIPTS initiates payments in conjunction with contract provider rosters and encounter data.
3141 Payments to the CWCBS Provider of Out of Home Services
CWCBS Providers of out of home services are paid monthly. Encounter data submitted is reviewed prior to processing the payments. All services provided, including services provided by CWCBS subcontractors, are submitted as encounter data on a monthly basis.
A. Ongoing Payments
CWCBS providers submit electronically a roster of children in placement on the last day of the previous month and encounter data for all services provided during that month to each child no later than the 10th of each month. Subcontractor data is included.
CFS reviews encounter data for the required services of residential placement and case supervision. Documentation of these services is noted in the child’s case record. A report identifying children for whom a monthly payment is being issued and another report listing children with insufficient information for payment are issued to the CWCBS provider.
B. Correcting Data
The Regional Office corrects referral information in eScripts before the 10th of month following referral.
The CWCBS provider makes all corrections to their system before the 1st of the following month so corrections are present for reconciliation and preliminary roster checks.
Encounter Data not corrected each month appears on a pending error report distributed at the end of the following month.
C. Tracking Data
Regional SRS staff use eScripts to record permanency (payment end) dates as well as date of referral reactivation during the aftercare period.
3200 ELIGIBILITY FOR TITLE IV-E FUNDING
3210 Overview of the Title IV-E Program
Title IV-E payments are an individual entitlement for eligible children placed in state custody and out-of-home care either by the Department of Social and Rehabilitation Services (SRS) or by the Juvenile Justice Authority (JJA).
The Title IV-E foster care maintenance program is based on Title IV-A, Part A, of the Social Security Act as the program was in effect in Kansas on July 16, 1996. Children’s eligibility for IV-E payments is based upon the AFDC relatedness criteria that was in effect in Kansas on July 16, 1996. IV-E eligibility is not based on the Temporary Assistance for Families Program (TAF) criteria which replaced the AFDC program under Welfare Reform.
Through Title IV-E, the federal government shares in the cost of:
A. Foster Care Maintenance:
Maintenance costs are the costs associated with maintaining the child in out-of-home care. These costs include the room/board and other supervision costs, including child care, for Kansas Department of Health and Environment licensed/approved foster parents, child care institutions, shelter care, and group homes.
B. Administrative Services:
Administrative costs are incurred when working with the child, the child's family, and the care provider. The REST or RMS survey results are used to calculate a percent of time spent on IV-E activities. General administrative costs are claimed to IV-E federal funds based upon the REST and RMS percentages.
Note: When completing the REST or RMS form it is very important staff clearly identify the child as an IV-E basic eligible child. This is how the regional offices and central office receive federal IV-E administrative funds.
C. Training:
IV-E training costs are the costs of training people who work with the child, including resource parents and those who administer the foster care system for the child.
D. Candidates for Care:
Title IV-E also provides reimbursement of some administrative activities for children receiving in home services who are determined to be at imminent risk of placement. These eligible administrative activities are documented through the REST or CWCBS Provider RMS process.
3212 Overview of IV-E Basic and Payment Eligibility
An eligible child enables the State to collect Title IV-E funds in two ways:
A. IV-E Basic Eligibility:
The determination of IV-E basic eligibility qualifies the State to obtain IV-E reimbursement for administrative and training costs associated with the child.
B. IV-E Payment Eligibility:
The determination of IV-E payment eligibility qualifies the State to also obtain IV-E reimbursement for maintenance costs (board and care) associated with the child.
A child must first be determined IV-E basic eligible in order to be determined IV-E payment eligible. Initial basic eligibility is based on information obtained when the child first enters out-of-home care and into custody of the State. If a child is determined not eligible for basic eligibility, the child is ineligible for the duration of the custody episode for both IV-E basic eligibility and payment eligibility. A custody episode begins when the State initiates custody and OOH placement begins, and ends when the State’s custody terminates. A new custody episode occurs when a child re-enters foster care following release of custody, following six months at home with continuous custody or following six months on run status with continuous custody. See Section 3251(C) for information on trial home placements.
3213 Documentation for IV-E Determination
A child should be made IV-E eligible if the worker has adequate facts which clearly support that a prudent person would determine the child meets IV-E eligibility criteria. If the worker has reasonable doubt about whether the child is eligible, the child should be made ineligible or pending determination while additional information is pursued. Case forms, court orders and computer screen print-outs which document a child’s eligibility should be included in the foster care eligibility section of the financial section of the child’s case file. Documentation of IV-E eligibility may be in another case file (i.e., court file, administrative case review file, etc.) but it must also be in the foster care eligibility section of the child’s case file. Information obtained from conversations with persons knowledgeable about the child (i.e., relatives, the case manager, etc.) must be documented on the case log. See Appendix C: Foster Care Eligibility, Initial and Ongoing Case Order and Order of Documentation. (Optional Form CFS 4032 SRS IV-E Eligibility Determination Summary can be used to assist with IV-E documentation.)
3220 Initial IV-E Basic Eligibility Criteria
Basic Eligibility Period
A child who meets all of the eligibility criteria in this section, Section 3220: Initial IV-E Basic Eligibility Criteria, is IV-E BASIC ELIGIBLE. Title IV-E basic eligibility is determined each time a child comes into State custody and is removed from the home (episode of care). If a child is determined initially as IV-E basic eligible, the child continues to be IV-E basic eligible, except as indicated in section 3251 of this manual. If a child is not eligible for initial basic eligibility the child cannot be IV-E basic or payment eligible at anytime during the custody episode.
The basic eligibility effective date is the first day of the month in which all of the eligibility criteria are met. A child who is IV-E basic eligible during any part of the month is basic eligible for the entire month. See PPM 5590 for detailed information about entering eligibility in FACTS.
3221 IV-E Basic Eligibility - Judicial Requirements
A. Court Order Custody
An initial court order shall be established removing the child from the home and placing custody with the state agency within six months of the child’s removal. The initial custody court order is an order removing the child from the home and placing responsibility for the care of the child with a public agency.
For a child to be IV-E basic eligible, the initial court order must include a statement that continuation in the home would be contrary to the welfare of the child or that removal is in the "best interest" of the child, or words to that effect (per 45 CFR 1356.21). The worker should make every effort to ensure the initial custody order, authorizing the removal of the child, includes the required language, otherwise the child cannot be IV-E basic eligible for the duration of the placement episode. See Section 3231 for additional initial removal order judicial determination requirements.
On occasion, a child may be adjudicated as a juvenile offender and placed in an out-of-home placement in JJA custody pursuant to a juvenile offender court order. In this instance, the child may be determined to have IV-E basic eligibility if the initial court order includes a statement that continuation in the home would be contrary to the welfare of the child or that removal is in the best interest of the child, or words to that effect.
Affidavits or nunc pro tunc orders are not accepted for meeting the contrary to welfare or best interest judicial language requirement. This requirement is effective on and after March 27, 2000.
Court orders referencing the State law are not accepted for meeting the contrary to welfare or best interest judicial language requirement. This requirement is effective on and after March 27, 2000.
B. Relinquishment of Parental Rights
A child placed in a foster home without court action, due to a parent voluntarily relinquishing parental rights to the State, may only be IV-E basic eligible if the initial court order is received within six months of the relinquishment which must include the contrary to welfare or best interest judicial language.
3222 IV-E Basic Eligibility - AFDC Relatedness, General Information
To be IV-E basic eligible, a child must meet the AFDC relatedness criteria during the eligibility month (defined in the next paragraph).
A. Eligibility Month
AFDC relatedness, assessment of income, resources, and deprivation factor in the removal home, must be assessed based upon information during the eligibility month.
The eligibility month is the month of the initiation of court proceedings that led to the removal of the child. An example of the initiation of court proceedings is typically a petition or complaint which results in the removal of the child.
The date the child entered out-of-home placement does not necessarily define the eligibility month. The date a child was removed or was placed in out-of-home care may be different than the date of the actual petition or initial custody order. As stated above, it is the month of the initiation of court proceedings that led to the child’s removal, not the date of the removal or placement that defines the eligibility month.
In rare circumstances the petition or complaint may be filed more than six months prior to the state being awarded custody and the subsequent removal of the child. In these situations, the eligibility month is the month of physical removal.
Determination of AFDC Relatedness
For a child to meet initial IV-E basic eligibility, the child must meet the AFDC relatedness criteria applicable to the Title IV-E program. These criteria include: age, citizenship, lived with a specified relative/removal, deprivation, and met financial need (income and resources).
The federal IV-E program requirement for AFDC relatedness states that a child meets AFDC relatedness if one of the following two conditions is met:
· The child lived with a specified relative and would have received AFDC in the eligibility month, or in any of the six months prior to the eligibility month if an AFDC application had been made; or
· The child was removed from a home, other than a specified relative, but had lived with a specified relative at some point within six months prior to the eligibility month and would have received AFDC in that home had an application been made.
3223 IV-E Basic Eligibility - AFDC Relatedness; Age
To be IV-E basic eligible, the child must be either under age 18 or, between age 18 and 19, and in secondary school or training full time, and expected to complete the schooling or training before turning age 19. IV-E basic eligibility always discontinues when the child reaches age 19.
IV-E basic eligibility ends the month of the child’s 18th birthday, end of the month of graduation or end of the month in which the child is not in school full time or end of the month of the child’s 19th birthday.
3224 IV-E Basic Eligibility - AFDC Relatedness; Citizenship
To be IV-E basic eligible, the child must be either a United States citizen by birth or naturalization, or legally admitted for permanent residence in the United States. The U.S. citizenship of the child follows that of his U.S. citizen parent(s) or is established by being born in this country. Permanent legal resident status can be verified by the alien registration card designated as form I-94. Children who are in the U.S. under a visitor's or tourist's visa or under a student arrangement are not eligible for Title IV-E.
3225 IV-E Basic Eligibility - AFDC Relatedness; Specified Relative/Removal
For a child to meet initial IV-E basic eligibility, the child must have lived with a parent or specified relative during the eligibility month, or within any of the six months prior to the eligibility month. The specified relative with whom the child most recently lived during the eligibility month or within six months prior to the eligibility month, is considered the relative from whom the child was removed.
A. The definition of Specified Relative includes any of the following:
Father, mother, brother, sister, uncle, aunt, first cousin, child of a first cousin, nephew, or niece
Relationships to persons listed above of preceding generations denoted by prefixes of grand, great or great-great are within this definition
The parental relationship can be birth, adoptive or step. The sibling and grandparent relationships can also be birth, adoptive, step, or half; and
Spouses of any persons named in the above groups are within the scope of these provisions, even though the marriage is terminated by death or divorce
B. The requirement for living with a specified relative is met if a newborn child is placed in the State’s care and custody directly from its birthplace in a hospital or following birth to an incarcerated prisoner.
C. Identifying the correct specified relative home where the child lived and was considered removed from is critical for two very important reasons;
it identifies the removal home, and
it determines the AFDC group members.
D. Determining the Removal Home
To meet initial IV-E basic eligibility a child must be in SRS or JJA custody and have been removed from the home. The worker must determine the home from which the child is considered removed. There are two types of removal when determining the removal home; physical and constructive removal.
Physical removal occurs when the agency has physically removed the child from the home of a parent or specified relative.
Note: When a child is physically removed from the home of a non-parent specified relative, the judicial determinations of contrary to the welfare and initial reasonable efforts are required to be regarding the circumstances in the home of the non-parent specified relative. If the judicial determinations are not about the circumstances of the home of the non-parent specified relative, the removal home must be considered to be the parent the child most recently, within six months of removal, lived with.
Constructive removal is considered "paper removal": the agency has obtained custody of the child, but the agency did not physically remove the child from the home of a specified relative, however the child lived with a different specified relative within six months of the eligibility month (per 45 CFR 1356.21).
The specified relative criteria and removal requirement are inter-related in that the specified relative with whom the child most recently lived (during the eligibility month or within six months prior to the eligibility month) is considered the relative from whom the child was removed; this is considered the removal home.
There are five types of scenarios for meeting the living with specified relative and removal criteria.
1. The child was removed from a specified relative at the time the agency initiated custody (eligibility month) and placed the child in out-of-home care. Removal home is the home of the specified relative from which the agency removed the child.
· Case Example: The child was living with mother at the time the agency initiated custody and removed the child from mother’s home on December 12, 1999 (date of custody). The mother’s home is the removal home and December 12, 1999 is the removal date. December 1999 is the eligibility month.
2. State removed the child from a non- specified relative but the child did live with a specified relative within six months prior to the agency initiating custody (eligibility month).
Removal home is the home of the most recent specified relative where the child resided within the six months prior to the eligibility month.
·
Case Example: The
child had been living with neighbors for two months at the time the police
picked the child up and the agency initiated custody on May 14, 2000 (date of
custody) and placed the child in out-of-home care. Prior to living with her
neighbors, the child was living with her parents until January 3, 2000. The
parent’s home is the removal home and May 2000 is the eligibility month.
3. At the time of initiating custody the State leaves the child in the home of a non-parent specified relative but the child lived with a different specified relative within six months of the petition or initiating custody (eligibility month).
Removal home is the home of the most recent specified relative, where the child resided within six months prior to the eligibility month.
· Case Example: The child was living with his father until March 22, 2000, at which time he went to live with his aunt. On April 3, 2000 (date of custody) the agency initiated custody of the child by filing a petition, but the agency leaves the child in the aunt’s home as a relative placement. The father’s home is the removal home and April 3, 2000 is the removal date. April 2000 is the eligibility month.
4. Child has been living with the same specified relative for over six months prior to the State initiating custody (petition). The state obtains custody of the child and leaves the child in the home of that specified relative but the agency removes the child at a later date within six months after the petition or initiating custody (eligibility month).
Removal home is the specified
relative home with whom the child lived prior to, during and after the
eligibility month at the time agency physically removed the child (within six
months after the eligibility month).
If the agency did not remove the child within six months after the eligibility month (state receives custody at the time of the petition) the child could not be IV-E basic eligible until the child re-entered State placement and custody and a new initial IV-E eligibility determination was conducted.
·
Case Example:
Since 1997 the child has been living with his grandfather. On January 23, 2000
the agency initiated custody (petition and date of custody) of the child but
leaves the child in the grandfather’ s home as a relative placement. On May 10,
2000 the agency removes the child from the grandfather’s and places the child in
an uncle’s home as a relative placement. The grandfather’s home is the
removal home and the date of removal is May 10, 2000. If the agency
removed the child from the grandfather’s home after August 23, 2000 (after six
months from the eligibility month, January 23, 2000) the child would not be
eligible for IV-E) since removal did not occur within six months of the agency
initiated custody. This example can also be applied to a parent, for instance
if you were to replace grandfather with mother.
5. State removed the child from a non-parent specified relative and the judicial determinations of contrary to the welfare and reasonable efforts are regarding the circumstances of the non-parent specified relative OR about the parent with whom the child most recently (within six months), lived.
Removal home is the Home addressed in the judicial determinations.
If a finalized adoption disrupts and the child returns to out-of-home placement and agency custody, the adoptive family is the removal home and the adoptive family’s income and resources shall be considered.
In order for the infant of a teen mother placed in foster care to be “automatically” IV-E basic eligible, the following criteria must be met:
· The infant is not in SRS or JJA custody
· The infant is placed together in the same family foster home or group home.
· The CWCBS provider is paying for the cost of the infant’s care in the placement.
The CWCBS service delivery system does not include providing foster care payments to the provider of the infant’s care. JJA service delivery system may encounter the above circumstances.
· If
an infant comes into state custody and remains placed with the teen mother, IV-E
regulations would view the child as not being removed from a parent or specified
relative. The EP segment begins at custody and the eligibility is GA.
· If the infant comes into state custody and is placed separately from the teen mother, both the infant and the teen mother may be eligible for IV-E in their own right. The infant may be eligible for IV-E following completion of an eligibility determination. The infant’s EP segment begins at SRS custody and eligibility is determined for IV-E based on the teen mother’s income and resources.
E. Determining the AFDC Group
The AFDC group is the grouping of persons from the removal home whose income and resources must be considered in determining if the child meets the financial need: income and resources criteria for AFDC relatedness.
If the child was removed from the parent's home, the AFDC group would include any of the following individuals residing in the home at the time of removal:
· Birth or Adoptive parents,
· Child in custody, and
· Any minor siblings (birth, adoptive or half) of the child in custody.
If the child was legally removed from the home of a specified relative other than the parent(s), the AFDC group would include any of the following individuals residing in the home at the time of removal:
· Child in custody, and
· Any minor siblings (birth, adoptive or half) of the child in custody, who were living in removal home at the time of the child’s removal.
Any household members receiving SSI benefits are not counted as a member of the AFDC group, unless the household member is the child in custody. In addition, the SSI benefits and any other income or resources of the SSI recipient are not counted in determining financial need. (Financial need is covered in section 3227.) If the child in custody is in receipt of SSI, count the child in the AFDC group size but the child’s income and resources are not counted in determining financial need.
If the child whose eligibility is being determined, is receiving adoption assistance, do not count the child’s income and resources when determining financial need; however, count the child as a member in the AFDC group size.
Any adoptive sibling to the child being removed receiving adoption assistance; do not count the sibling’s income and resources and do not count the sibling as a member of the AFDC group size.
3226 IV-E Basic Eligibility - AFDC Relatedness, Deprivation
Deprivation means that the child is deprived of the support of one or both parents (married or unmarried, if paternity is established). This information may be verified by statements from family members, SRS social worker, or JJA case manager’s observation and documented in the case log, or from information obtained from available systems. Deprivation exists for the entire month in which it occurs. For a child to be IV-E basic eligible, the child must be deprived of the support of either one, or both parents in the removal home due to one of the following circumstances:
· Death
· Separation:
One of the parents is not living in the same house.
Divorce:
One of the parents is not living in the same house.
· Continual Absence: One of the parents is continually absence from the home where the child resides.
A deployed parent serving in U.S. Armed Forces is considered a part of the household for consideration of deprivation as required by Title IV-E Foster Care Maintenance requirements. The deployed parent is included in the AFDC group size. Any income received by the residential parent from the deployed parent is considered earned income to the household.
· Institutionalized/Incarcerated:
One of the parents is in an institution or incarcerated.
· Incapacitated
or Disabled: The
parent must be determined to be disabled or incapacitated for at least 30 days
by means of competent medical testimony. If the parent(s) is receiving SSI or
SSA (Social Security) payments because of disability or blindness, the
incapacitation requirement is met and verification of the SSI or SSA payments
shall be included in the record (such as a copy of an award letter, copy of a
check, caseworker documentation, etc.). Mental disabilities shall be documented
by psychological evaluation and state that the mental disability impacts the
person’s ability to parent.
Parental Rights Terminated:
If there has been a termination of parental rights (PRT), the child is deprived
from the month of PRT. However, the existence of a PRT at an IV-E
redetermination does not replace the requirement for deprivation at the time the
petition is filed which results in the removal of the child.
· Unemployment/Underemployment: In order to meet the deprivation factor of underemployment, both parents are living together, only one parent is working and the earned income is below the AFDC needs standard for the group. If both parents in the same household are working, there is no deprivation even if the income is below the AFDC needs standard.
3227 IV-E Basic Eligibility - AFDC Relatedness, Financial Need: Resources
Resources are defined as a "resource that a person possesses or owns". A resource is determined by it’s equity value, which is the current market value minus any debts still owed on the resource. The maximum value of resources the child’s AFDC group can own is $10,000 to meet the resource limit for the financial need criteria (per H.R. 3443: Foster Care Independence Act of December 14, 1999). Provided below are listings of what are countable resources and what are exempt (not counted) resources.
Countable Resources
Bonds
Credit union savings
Income property
Real estate, except the home in which the family resides
Savings accounts
Checking accounts
Savings bonds
Stocks
Vacation homes
Vehicles (The first $1500 of equity value is exempt. Vehicles older than seven years have $100.00 value)
Exempt Resources
Inaccessible trusts (include per capita tribal payments to foster child)
Burial plot (one per household member)
Home of residence and surrounding acreage
Funds for relocation (Uniform Relocation Act)
Household furnishings and clothing
Personal jewelry
Farm/Business inventories/tools used in the course of a business to produce income
3228 IV-E Basic Eligibility - AFDC Relatedness, Financial Need: Income
Income available to a child must meet AFDC income requirements. This income is calculated utilizing countable earned and unearned income of the AFDC group. (See section 3225. E for AFDC group). This section will first provide a listing of the types of countable and exempt earned and unearned income that must be included or excluded in determining if the child meets the income limits for the financial need criteria. The end of this section provides the steps in determining if the child passes the 100% AFDC Need Standard tests which is necessary to meet the financial need income criteria for initial IV-E basic eligibility.
In order to determine the correct AFDC Need Standard, an assessment of shared/non-shared living arrangement must be made. The following guidance is consistent with Kansas AFDC plan.
·
AFDC groups with a stepparent present should always be considered non-shared.
·
Households with adult SSI recipients not included in the AFDC group, use
non-shared living if the SSI payment is less than the full payment. This
procedure is based on Social Security regulations determining a reduced payment
based on non-shared living in the AFDC program in 1996.
·
Households with adult SSI recipients not included in the AFDC group, use shared
living if the SSI payment is the full amount. This procedure is based on Social
Security regulations determining a full payment based on shared living standards
in the AFDC program in 1996.
·
The
shared/non-shared living standard is based on adults residing in the removal
home when determining IV-E initial eligibility. If the SSI recipient is the
child being removed they are counted as a member of the AFDC group size but the
income and resources are not counted. A child recipient of SSI is not a factor
in determining whether or not to use shared or non-shared living in the context
of an IV-E determination.
·
Removal homes of non-parent specified relative, such as grandparent, where only
the child ’s income and resources, and that of their siblings, are assessed in
determining IV-E eligibility, use the shared living AFDC needs standard.
·
Removal homes where a non-relative adult is present, such as a boyfriend, whose
income and resources are not considered in determining IV-E eligibility, nor is
the adult considered to be a member of the AFDC group size, use the shared
living AFDC needs standard.
Overview of Income Standards
The countable earned and unearned income available to the child must not exceed specified income limits. The income test is based upon Kansas 100% AFDC Need Standard effective July 1996. Refer to Appendix A, for the applicable income limits for the child’s AFDC group size which must not exceed the 100% Income Test. The 100% AFDC Need Standard limits are also based on the county where the removal home resided. Page two (2) of Appendix A provides the County Levels that are to be applied for each county in Kansas.
Converting Income to Monthly Amounts
When determining the earned and unearned income amount of the child’s AFDC group, the worker will need to convert income payments to a monthly amount for each applicable person:
· Bi-weekly (paid every other week) income must be multiplied by 2.15;
· Semi-monthly (paid twice per month ) income must be multiplied by 2;
· Weekly income must be multiplied by 4.3; and
· Quarterly (paid once every three months) income must be divided by 3.
Countable Earned Income
Earned income is income in cash or in-kind for which a person performs a service. Sources of countable earned income include:
· Bonuses
· In-kind income for work (e.g. shelter received for work)
· Longevity pay
· Wages, salaries, tips (before taxes)
· Work-study
· Self-employment/farm income
· Severance pay
Countable Unearned Income
Unearned income is income received by an individual for which no service is performed. Sources of countable unearned income include:
· Armed forces allotment and receipts from a deployed parent
· Child support/alimony (minus $50) (Appendix B) Note: Child support arrearage payments are counted as unearned income in the month the payment is received.
· Disability insurance (sick pay)
· Dividend payment
· General Relief
· Income for continuation payments
· Income from relatives, income deemed from relatives/stepparents
· Inheritance pay
· Interest, money payments
· Money from churches, charitable organizations, friends, lodges, or unions
· Retirement or Pension (union, private or government)
· Social Security Benefits (non-SSI)
· Striker's Benefits
· Unemployment Compensation
· Veteran's Benefits
· Worker's Compensation
Exempt Earned and Unearned Income
Certain types of earned and unearned income are exempt (not counted) in determining if the child meets the financial need requirement for AFDC eligibility. Sources of exempt earned and unearned income include, but are not limited to:
· Supplemental Security Income (SSI)
· Food programs, such as, food stamps, WIC, USDA food surplus, etc.
· Payments for home energy assistance and rental subsidies
· Loans or grants administered by the U.S. Commissioner of Education
· Foster Care payments
· Adoption Assistance payments
· JTPA earned income of full-time students
· Students employed less than full-time
· JTPA unearned income
· The earned income of a child who is a student
· Income tax refunds and earned income tax credit (EITC) payments
· Trust funds not available on demand
· Cash to pay for shared living expenses (from a person not in the AFDC group)
· Loans, including reverse equity loans, endorsed for repayment
· TANF
· Tribal Allotment
Lump Sum Payments<