Subchapter B. PLACEMENT MAINTENANCE
GENERAL Sec.
3140.101. Applicability.
3140.102. Definitions.
ELIGIBILITY REQUIREMENTS AND PROCEDURES
3140.111. County agency responsibilities.
3140.112. Office of Income Maintenance responsibilities.
3140.113. Recertification of eligibility.
3140.114. Substitute care agreement.
3140.115. Eligibility for additional benefits.
3140.121. [Reserved].
3140.122. [Reserved].
3140.123. [Reserved].
3140.124. [Reserved].
EFFECTIVE DATE, ALLOWABLE COSTS AND
REIMBURSEMENT REQUIREMENTS
3140.130. Effective date for claiming placement maintenance.
3140.131. Allowable costs.
3140.132. Additional allowable costs for eligible children in residential child carefacilities.
3140.133. Cost allocation plan.
3140.134. Out-of-State placements.
3140.135. Federal financial participation.
3140.136. State financial participation.
3140.137. [Reserved].
3140.138. [Reserved].
3140.139. Hearing and appeal.
Cross References This subchapter cited in 55 Pa. Code § 3140.17 (relating to review of county plans and budgets).
GENERAL
§ 3140.101. Applicability.
This subchapter applies to the reimbursement to the county for the cost of maintaining children in substitute care. The requirements apply only to the reimbursement of costs eligible under Title IV-E of the Social Security Act (42 U.S.C.A. § § 670—676) for Federal financial participation. This subchapter establishes child eligibility requirements, county agency eligibility certification procedures and requirements, and allowable costs and reimbursement procedures for children placed in substitute care.
§ 3140.102. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Child—An individual who is:(i) Under 18 years of age.
(ii) Eighteen years of age but not yet 19 years of age and a full-time high school or vocational or technical school student and expected to complete school before reaching the age of 19.
Placement maintenance—Payment for the allowable costs of substitute care provided to a child eligible for benefits under Title IV-E of the Social Security Act (42 U.S.C.A. § § 670—676).
Substitute care—(1) Placement of a child outside of the home in either a:
(A) Foster family home.
(B) Private, not-for-profit residential child care facility.
(C) Public residential child care facility which accommodates no more than 25 children.
(2) The term does not include a:
(A) State-operated youth development center or youth forestry camp.
(B) Secure facility.
(C) Public residential child care facility which accommodates more than 25 children.
Cross References This section cited in 55 Pa. Code § 3140.111 (relating to county agency responsibilities).
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).
§ 3140.112. Office of Income Maintenance responsibilities.
(a) If requested by the county agency, the Office of Income Maintenance will determine a child’s initial and continuing eligibility for AFDC.
(b) The Office of Income Maintenance will issue a Medical Assistance Identification Card to the county agency in the name of each child who is eligible for placement maintenance.
Authority The provisions of this § 3140.112 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 § 3140.112 amended January 23, 1987, effective January 24, 1987, 17 Pa.B. 392. Immediately preceding text appears at serial page (75169).
§ 3140.113. Recertification of eligibility.
(a) The county agency shall recertify a child’s eligibility for placement maintenance on forms provided by the Department no less frequently than once every 12 months.
(b) The county agency shall review a child’s continuing eligibility for placement maintenance as often as necessary, but no less frequently than once every 6 months.
Authority The provisions of this § 3140.113 issued 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 § 3140.113 adopted January 23, 1987, effective January 24, 1987, 17 Pa.B. 392.
§ 3140.114. Substitute care agreement.
In order to receive reimbursement for placement maintenance, the county agency shall have an approved children and youth social services plan and budget estimate under § § 3140.11—3140.18 (relating to plan requirements).
Authority The provisions of this § 3140.114 issued 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 § 3140.114 adopted January 23, 1987, effective January 24, 1987, 17 Pa.B. 392.
§ 3140.115. Eligibility for additional benefits.
A child who is eligible for placement maintenance is also eligible for benefits under Titles XIX and XX of the Social Security Act (42 U.S.C.A. § § 1396—1396q and 1397—1397f).
Authority The provisions of this § 3140.115 issued 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 § 3140.115 adopted January 23, 1987, effective January 24, 1987, 17 Pa.B. 392.
§ 3140.121. [Reserved].
Source The provisions of this § 3140.121 reserved January 23, 1987, effective January 24, 1987, 17 Pa.B. 392. Immediately preceding text appears at serial pages (75169) to (75170).
§ 3140.122. [Reserved].
Source The provisions of this § 3140.122 reserved January 23, 1987, effective January 24, 1987, 17 Pa.B. 392. Immediately preceding text appears at serial page (75170).
§ 3140.123. [Reserved].
Source The provisions of this § 3140.123 reserved January 23, 1987, effective January 24, 1987, 17 Pa.B. 392. Immediately preceding text appears at serial page (75170).
§ 3140.124. [Reserved].
Source The provisions of this § 3140.124 reserved January 23, 1987, effective January 24, 1987, 17 Pa.B. 392. Immediately preceding text appears at serial page (75170).
EFFECTIVE DATE, ALLOWABLE COSTS AND REIMBURSEMENT REQUIREMENTS
§ 3140.130. Effective date for claiming placement maintenance.
(a) The county agency may claim placement maintenance reimbursement for a child from the date that the child meets eligibility requirements.
(b) If a child meets placement maintenance eligibility requirements except the requirements relating to reasonable efforts determinations, and the reasonable efforts requirement is subsequently met, the county may claim placement maintenance reimbursement from the first day of the month in which the reasonable efforts determination was made.
Authority The provisions of this § 3140.130 issued 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 § 3140.130 adopted January 23, 1987, effective January 24, 1987, 17 Pa.B. 392.
§ 3140.131. Allowable costs.
Placement maintenance may include only the cost of and the cost of providing the following:
(1) Food.
(2) Clothing.
(3) Shelter.
(4) Child care, which includes daily supervision in a residential facility and part day child care in a foster family home.
(5) The child’s personal incidentals.
(6) Liability insurance coverage with respect to the child.
(7) Reasonable travel for the child to visit his family.
(8) School supplies.
Authority The provisions of this § 3140.131 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 § 3140.131 amended January 23, 1987, effective January 24, 1987, 17 Pa.B. 392. Immediately preceding text appears at serial pages (75170) to (75171).
Cross References This section cited in 55 Pa. Code § 3140.132 (relating to additional allowable costs for eligible children in residential child care facilities).
§ 3140.132. Additional allowable costs for eligible children in residential child care facilities.
Placement maintenance may include the reasonable cost of administration and operation necessary to provide the allowable cost items for eligible children in residential child care facilities listed in § 3140.131 (relating to allowable costs). A reasonable cost is no more than the customary cost for performing similar functions in similar facilities, that is, similar in numbers and type of children served.
Authority The provisions of this § 3140.132 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 § 3140.132 amended January 23, 1987, effective January 24, 1987, 17 Pa.B. 392. Immediately preceding text appears at serial page (75171).
§ 3140.133. Cost allocation plan.
Administrative and operational costs for eligible children placed in substitute care shall be determined and allocated in accordance with procedures issued by the Department.
§ 3140.134. Out-of-State placements.
(a) Placement maintenance is available for eligible children placed in substitute care outside this Commonwealth.
(b) For children placed in states which are signatories to the Interstate Compact on the Placement of Children in section 761 of the Public Welfare Code (62 P. S. § 761), these placements shall be made in compliance with the provisions of sections 761—765 of the Public Welfare Code (62 P. S. § § 761—765).
(c) For children placed in states which are not signatories to the Inter- state Compact on the Placement of Children in section 761 of the Public Welfare Code (62 P. S. § 761), these placements shall be made in compliance with provisions of sections 746—753 of the Public Welfare Code (62 P. S. § § 746—753).
§ 3140.135. Federal financial participation.
The county agency shall calculate the amount of placement maintenance for which each child is eligible. This amount shall be calculated after subtracting child-specific income, such as Social Security payments and child support payments, from the total cost of substitute care.
§ 3140.136. State financial participation.
State financial participation in placement maintenance will be made in accordance with § § 3140.21—3140.23 (relating to reimbursement for services).
§ 3140.137. [Reserved].
Source The provisions of this § 3140.137 reserved January 23, 1987, effective January 24, 1987, 17 Pa.B. 392. Immediately preceding text appears at serial page (75172).
§ 3140.138. [Reserved].
Source The provisions of this § 3140.138 reserved January 23, 1987, effective January 24, 1987, 17 Pa.B. 392. Immediately preceding text appears at serial page (75172).
§ 3140.139. Hearing and appeal.
(a) The child and the child’s parent or guardian have the right to appeal and the right to a fair hearing before the Department’s Office of Hearings and Appeals on actions and decisions by the county agency with respect to placement maintenance related to:
(1) Denial of benefits.
(2) Failure to act on a request for benefits with reasonable promptness.
(3) A suspension, reduction, discontinuance or termination of benefits.
(b) Hearings will be conducted in accordance with the provisions of Chapter 275 (relating to appeal and fair hearing and administrative disqualification hearings) unless otherwise provided by this chapter.
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