ELIGIBILITY REQUIREMENTS AND PROCEDURES
§ 3140.111. County agency responsibilities.
(a) The county agency is the sole authority for certifying a child’s eligibility for placement maintenance.
(b) The county agency shall, in accordance with procedures established by the Department, certify for placement maintenance children who meet the following requirements:
(1) The child is removed from the home of the parent, guardian or other specified relative by a court order, issued under 42 Pa.C.S. § § 6301—6365 (relating to the Juvenile Act), which finds that continuation in the home is contrary to the welfare of the child and that reasonable efforts were made to prevent or eliminate the need for removal of the child from the child’s home or reasonable efforts were made to make it possible for the child to return home.
(i) The county agency shall request the court to determine if:
(A) Reasonable efforts were made to prevent or eliminate the need for placement.
(B) In the case of emergency placement, the absence of efforts to prevent placement was reasonable.
(ii) If the court determines that the reasonable efforts requirement in subparagraph (i) was not met, or if the court fails to make a reasonable effort determination during the initial court proceedings, the county agency shall, as soon as possible, but no later than the next regularly scheduled court review or dispositional review hearing, as required by Chapter 3130 (relating to administration of county children and youth social service programs), request the court to make a finding that one of the following exists:
(A) Reasonable efforts are under way to make it possible for the child to return home.
(B) If the goal is to not return home—that is permanent foster care, adoption or emancipation—the absence of efforts to make it possible for the child to return home is reasonable.
(iii) The reasonable efforts determination shall be stated in the court order, and the county agency shall maintain a copy of the court order in the case record.
(iv) If a court determination of reasonable efforts is made under subparagraphs (i) and (ii), no subsequent reasonable efforts determinations are required, unless a child’s placement is terminated and the child is placed again.
(2) The child is placed in licensed or approved substitute care.
(3) During the month that court proceedings leading to the removal of the child from the home were initiated—month of removal—the child did one of the following:
(i) Lived with a specified relative and received AFDC in or for the month of removal or would have received AFDC if an application had been made.
(ii) Did not live with a specified relative but had lived with a specified relative within the 6-month period prior to the month of removal and would have received AFDC if he had been living with a specified relative during the month of removal and an application had been made.
(4) The person meets the definition of child at § 3140.102 (relating to definitions).
(5) The child’s placement is the responsibility of the county agency or other public agency with which the Department has an agreement.
(c) Prior to requesting State reimbursement for a child in placement, the county agency shall determine the child’s eligibility for placement maintenance.
(d) The county agency shall do the following:
(1) Request the Office of Income Maintenance to determine the child’s eligibility for AFDC.
(2) Notify the Office of Income Maintenance of changes that might affect the child’s eligibility for AFDC.
(3) Authorize payment of costs.
(4) Submit quarterly invoices to the Department for allowable expenditures incurred, along with the quarterly report of expenditures.
(5) Terminate placement maintenance payments when the child no longer meets eligibility requirements.
Authority The provisions of this § 3140.111 amended under Articles II, VII, IX and X of the Public Welfare Code (62 P. S. § § 201—211, 701—774, 901—922 and 1001—1080).
Source The provisions of this § 3140.111 amended January 23, 1987, effective January 24, 1987, 17 Pa.B. 392. Immediately preceding text appears at serial pages (75168) to (75169).
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