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1520 Obtaining Certified Birth Certificates and Screen-Printing Birth Records

CPS December 2011

Access to the Bureau of Vital Statistics (BVS) System

The CPS foster care eligibility specialists have access to the Department of State Health State Service’s (DSHS) BVS system, which allows them to verify birth information and order certified birth certificates for children in DFPS conservatorship who were born in Texas.

Obtain Birth Certificate From Family Members or Guardian When Possible

A child’s worker always attempts to obtain a birth certificate from the child’s parents, relatives, or guardian instead of requesting a copy of the birth certificate through the BVS system. If a child’s worker obtains a copy of the birth certificate, he or she submits it to the eligibility specialist to serve as documentation of a child’s birth and citizenship or alien status when submitting the documentation for the Foster Care Assistance Application.

Use Screen Print of Birth Record if Birth Certificate Is Unavailable

If the child’s worker cannot obtain a copy of the birth certificate, the worker requests a screen print of the birth record from the BVS system from the eligibility specialist. The eligibility specialist uses the screen print birth record as verification of the child’s birth and citizenship or alien status for the Foster Care Assistance Application and sends a copy of the screen print to the child’s worker.

Use Screen Print of Birth Record if Birth Certificate Is Not Required

In other circumstances requiring birth information, but not requiring a certified copy of a birth certificate, the child’s worker uses a screen print of the birth record from the BVS system. It is no longer necessary to obtain a certified birth certificate when registering a child for school and the child’s worker can use a screen print of the birth record from the BVS system for this purpose. 

Request Certified Birth Certificate Only Under Certain Circumstances

Certified birth certificates may only be requested when:

  •   it is a necessity when applying for a Social Security number if one has never been obtained; otherwise the Social Security Administration can confirm the SSN of a child in DFPS managing conservatorship;

  •   it is a necessity when applying for Supplemental Security Income (SSI) or other federal benefits for the child;

  •   it is a necessity when applying for a Texas Driver’s License or Texas Identification Card for the child in order to help prepare youth who may be aging out of care;

  •   the child’s parental rights are terminated and the child becomes eligible for adoption; and

  •   other situations in which the recipient requires a certified copy.

See 1521 Requesting Certified Birth Certificates for procedures for requesting certified birth certificates for children born in Texas, out-of-state or internationally.

1521 Requesting Certified Birth Certificates

1521.1 Requesting Birth Certificates for Children Born in Texas

CPS December 2011

The CPS worker may request a certified birth certificate for a child in DPFS conservatorship born in Texas under the circumstances stated in section 1520 Obtaining Certified Birth Certificates and Screen-printing Birth Records. Except when a birth certificate is needed for adoption purposes, the worker completes and submits Form 1745 - Birth Certificate Request to the foster care eligibility specialist. The eligibility specialist orders the birth certificate through the Bureau of Vital Statistics (BVS) system and sends it to the worker when received.

1521.2 Requesting Birth Certificates for Children Born in Texas for Adoption Purposes

CPS December 2011

When parental rights have been terminated CPS may order a birth certificate through the Department of State Health Service's (DSHS) Bureau of Vital Statistics (BVS) unit in order to facilitate the child’s adoption. A mailbox has been set up in Outlook called “DFPS BVS/Adoption Requests” to which designated regional staff submit requests to state office. State office orders the birth certificate from the BVS unit.

Below are the procedures CPS staff follow to request a certified birth certificates for adoption purposes:

1)   The regional designee submits an e-mail request to the “DFPS BVS/Adoption Requests” mailbox which includes the items below:

  •   The child’s name and PID number in the subject line.

  •   The template below with the child’s information for each birth certificate request. If certificates are needed for siblings a separate template must be completed for each child but they can be on the same e-mail.

  •   Child’s Name:

  •   Child’s Date of Birth:

  •   Gender:

  •   Place of Birth: (City or Town/County/State)

  •   Full Name of Father and Cause # for termination order:

  •   Full Maiden Name of Mother and Cause # for termination order:

  •   A copy of the child’s Termination orders as an attachment. The orders must state that the parental rights have been terminated for both parents and the managing conservatorship of the child is with DFPS. If siblings have the same mother but different fathers, then a copy of each order terminating a father’s rights must be included. Please underline the language that states that parental rights have been terminated.

2)   Once the request has been received state office completes the following:

  •   Submit the request to the BVS unit within three business days

  •   Send the designee an e-mail to confirm that the request was received and processed

  •   Forward the birth certificate from the BVS unit to the designee that made the initial request

  •   Send the designee an e-mail informing them that the certificate is being sent

If the designee does not receive a confirmation from state office that the request was received and processed within three business days the designee should send a follow up e-mail (with the original request attached) to the “DFPS BVS/Adoption Requests” state office mailbox.

1521.3 Requesting Out-of-State Birth Certificates

CPS December 2011

CPS caseworkers initiate the ordering of certified copies of out-of-state birth certificates for children in DFPS conservatorship by following the steps describes below. Each region has designated eligibility specialists who are able to order birth certificates through an online process with Vitalchek.

Through Vitalchek designated eligibility staff are able to request certified copies of birth certificates for children in DFPS conservatorship born in the 49 states (excluding Texas), Washington D.C., and the following U.S. commonwealths and territories:

  •  American Samoa

  •  Guam

  •  Puerto Rico

  •  Virgin Islands

Steps for ordering Out-of-State Birth Certificates

Step 1: Complete Form 1747 – Birth Certificate Request Form for Children Born Out of the State of Texas and In DFPS Conservatorship. All requested information on the form is required and must be completed. The form will be returned to the requestor if incomplete.

Step 2: Create a .TIF file format of the signed court order stating DFPS has temporary or permanent managing conservatorship of the child. A .TIF file format can be created by faxing the document to your assigned fax number. The electronic copy of the faxed document is in a .TIF file format. Copies of signed court orders are acceptable as long as they have not been altered or written on by anyone other than the court. .PDF files are not accepted by VitalChek.com.

Step 3: Submit the completed Form 1747 and .TIF file court orders to the regional e-mail box for out-of-state birth certificate requests (example: DFPS Region 01 Out of State Birth Certificates). If the orders are not attached to the e-mail, the request cannot be processed and will be returned to the requestor.

Once the request has been received by the designated eligibility specialist, the specialist:

  •  processes the request through the Vitalchek online website; and

  •  sends the requestor a confirmation email that the request has been received and processed.

Once the birth certificated is received by the designated eligibility specialist, the specialist:

  •  forwards the birth certificate to the requestor; and

  •  sends the requestor an e-mail indicating that the birth certificate has being sent.

1521.4 Requesting International Birth Certificates

CPS December 2011

Regional foster care eligibility specialists cannot order certified birth certificates for international births. CPS caseworkers order international birth certificates for children in DFPS conservatorship who were born in other countries by following the instructions below.

Mexico Birth Certificates

Regions 1-7 and 9

Caseworkers send a formal request for an official birth certificate to the country of the child’s birth through the nearest Foreign Consulate in the United States. Workers utilize the Search Foreign Consular Offices list on the U.S. Department of State website to determine which office to contact. Note that some Foreign Consular offices may not be located in Texas.

Regions 8, 10 and 11

Caseworkers contact their region’s border liaison who will coordinate with the respective foreign consulate to formally request the international birth certificate.

All Countries Except Mexico

Caseworkers send a formal request for an official birth certificate to the country of the child’s birth through the nearest Foreign Consulate in the United States. Workers utilize the Search Foreign Consular Offices list on the U.S. Department of State website to determine which office to contact. Note that some Foreign Consular offices may not be located in Texas.

1521.5 Request Reimbursement if Personal Funds Must Be Used to Obtain Certificate

CPS December 2011

While the preferred method for obtaining a birth certificate is through the regional eligibility specialist, a CPS worker may have a need to use personal funds to purchase a certified birth certificate from the Department of State Health Services or from an out-of-state agency.

To request reimbursement for the purchase of a certified birth certificate with personal funds, the CPS worker:

  •  completes a Form 4116 State of Texas Purchase Voucher;

  •  enters his or her name, address (home or office), and Social Security number as the vendor number;

  •  ensures the forms have the worker and supervisor’s signatures; 

  •  includes the receipt of purchase; and

  •  submits the completed form and receipt to the CPS budget analyst at state office mail code E-669.

Forms may not be e-mailed to budget analysts. If a staff person is not housed with the supervisor, he or she may fax the form to the supervisor for his or her signature. A staff person may submit more than one family per voucher as long as he or she differentiates between families and dates of purchase.

1530 Foster Care Assistance Eligibility Requirements for Children and Youth Who Are in DFPS Conservatorship

CPS October 2012

There are three types of foster care assistance for children in DFPS conservatorship. Each child qualifies for only one of the following types of foster care assistance:

Type of Assistance

Benefits Provided

Must meet applicable requirements in the following:

Title IV-E foster care

Foster care maintenance payments

Medicaid coverage

40 TAC §700.316;

1531.1 General Eligibility Requirements for Title IV-E and State-Paid Foster Care

1532 Additional Eligibility Requirements for Title IV-E Foster Care

State-paid (Non-Title IV-E) foster care

Foster care maintenance payments

Medicaid or equivalent coverage

40 TAC §700.316;

1531.1 General Eligibility Requirements for Title IV-E and State-Paid Foster Care

1534 Additional Eligibility Requirements for State-Paid Foster Care

Medical Assistance Only (MAO)

Medicaid or equivalent benefits to children in DFPS conservatorship who are not otherwise eligible for IV-E or state-paid foster care

40 TAC §700.316;

1531.2 General Eligibility Requirements for MAO Foster Care

1535 Additional Eligibility Requirements for MAO Foster Care

1531 General Foster Care Assistance Eligibility Requirements

1531.1 General Eligibility Requirements for Title IV-E and State-Paid Foster Care

CPS June 2013

Every child who is eligible for Title IV-E or state-paid foster care assistance must meet the requirements in 40 TAC §700.316, described below. Each requirement must be verified by the eligibility specialist.

In addition to the general requirements below:

  •  Title IV-E eligible children must meet the requirements of 1532 Additional Eligibility Requirements for Title IV-E Foster Care;

  •  State-paid children must meet the requirements of 1534 Additional Eligibility Requirements for State-paid Foster Care; and

  •  MAO children must meet the requirements of 1535 Additional Eligibility Requirements for MAO Foster Care and relevant sub-items.

1531.11 Responsibility for Placement and Care

CPS June 2013

The child or youth must be under the placement and care responsibility of DFPS, that is met if:

  •  the child is placed in DFPS’s managing conservatorship according to a written court order issued under Title 5 of the Texas Family Code;

  •  DFPS takes possession of a child under Texas Family Code Chapter 262;

  •  the child lives with his minor parent, and the minor parent is in DFPS’s conservatorship, so long as the minor parent and the child reside in the same foster home or child care institution.

  •  the young adult was in DFPS’s conservatorship on the day before turning 18, has signed a voluntary Extended Foster Care Agreement, and meets all of the eligibility requirements in §700.346 of this title (relating to Extended Foster Care); or

  •  the child lives with a parent who is receiving extended foster care assistance, except that in some instances the parent may be required to apply for Medicaid on the child’s behalf under §700.346 of this title.

1531.12 Age

CPS June 2013

When a child first comes into foster care the child must be under the age of 18 and the eligibility specialist must verify the child’s age by reviewing the child’s birth certificate, hospital certificate, or one of the other items in subsection B of Appendix 1530-F: Categorical Requirements for AFDC. If none of these are available at the time application is made, the caseworker may chose the Evaluative Conclusion option on the Foster Care Assistance Application in IMPACT and document on the application the basis for choosing the option. The Evaluative Conclusion must be based on one of the following:

  •  A document containing the child’s date of birth (medical, insurance, or school record) that was created before the date of removal;

  •  A credible person with knowledge of the family’s history who can provide either the child’s date of birth or current age; or

  •  Any other reasonable basis to indicate that the child meets applicable age requirements.

See the Evaluative Conclusion section 1532.2 Citizenship or Immigration Status for further instruction.

1531.13 Placement Facility

CPS June 2013

Except in circumstances described in 1536 Foster Care Payments During Absences From the Foster Care Home or Facility, the child must be receiving care in a placement that:

  •  meets the definition of foster family home or child-care institution as those terms are defined by 42 USC §672(c); and

  •  is approved by DFPS.

DFPS does not contract for foster care services with any public child care institutions with more than 25 beds. Children are not eligible for either Title IV-E or state-paid assistance while placed in such settings

If the child is in foster family care and the foster family moves out-of-state with the agreement of DFPS, the child’s eligibility for foster care assistance is reviewed every 90 days for continued DFPS approval and to determine continued eligibility.

DFPS Rules, 40 TAC §700.316

1531.14 Social Security Number

CPS June 2013

If eligible, the child must have, or must have applied for, a Social Security number. See 1511 Foster Care Assistance and Review Policies for guidance on obtaining a Social Security number for a child who has never been issued a number by the Social Security Administration. Social Security numbers are obtained for all children except undocumented children. Once undocumented children receive their Legal Permanent Residency, a Social Security number is obtained for them.

1531.15 Young Adults and DADS

CPS June 2013

A young adult who was previously in DFPS’s conservatorship the day before turning 18 and  who is under guardianship of the Department of Aging and Disability Services (DADS) on or after turning 18 is eligible for continued foster care maintenance payments subject to the provisions at 40 TAC §700.316(c).

1531.2 General Eligibility Requirements for MAO Foster Care

CPS June 2013

Every child who is eligible for MAO foster care must meet the following general requirements, as verified by the eligibility specialist:

  •  Responsibility for Placement and Care – The child or youth must be under the placement and care responsibility of DFPS, as described above.

  •  Age – The child or youth must be under the age of 18, using the verification methods described above.

DFPS Rules, 40 TAC §700.316

In addition to the general requirements above, children in DFPS conservatorship who are eligible for MAO foster care must also meet the requirements in 1535 Additional Eligibility Requirements for MAO Foster Care and relevant sub-items.

1532 Additional Eligibility Requirements for Title IV-E Foster Care

CPS June 2013

Besides the general eligibility requirements specified in 40 TAC §700.316(c) (relating to general eligibility requirements for foster care assistance), a child must meet the requirements below to qualify for Title IV-E foster care.

42 USC §672 and 45 CFR §1356.21

1532.1 Judicial Determinations

CPS June 2013

The following judicial determinations must be made in the manner described below:

  •  At the time a child is first removed from the home, regardless of whether it is an emergency removal subject to ex parte proceeding or removal pursuant to an adversary hearing with prior notice, the first court ruling that sanctions the removal must contain the judicial determination that:

  •  continuation in the home would be contrary to the welfare of the child, or

  •  placement in foster care would be in the best interest of the child.

  •  Not later than 60 days following the initial removal there must be a determination that when considering the child’s health and safety, the state made reasonable efforts to:

  •  prevent or eliminate the need for removal and make it possible for a child to return safely to the child’s home; or

  •  reasonable efforts were not required because of aggravated circumstances, as defined in the Texas Family Code, §262.2015, or because a parent has previously had parental rights involuntarily terminated with respect to a sibling.

  •  Additional judicial determinations must be made regarding permanency planning. At least once during every 12-month period that the child remains in foster care, beginning with the date of the court-ordered removal, there must be a judicial determination that the state has made reasonable efforts to finalize a permanency plan for the child.

      If the finding of Reasonable Efforts to Finalize the Permanency Plan is not made every 12 months while the child is in care, the child’s Title IV-E eligibility ends on the last day of the month in which it is due. The child will not regain Title IV-E eligibility until the Reasonable Efforts to Finalize the Permanency Plan finding is subsequently made. In this case the child’s Title IV-E eligibility resumes on the first day of the month in which the finding is made.

Additional Requirements for Judicial Determinations

All required judicial determinations must be explicitly documented and must be made on a case-by-case basis as stated in the court order. It is not acceptable when a court order merely references state law in support of a required judicial determination.

Affidavits and Nunc pro tunc orders cannot be used as documentation to verify that the required judicial determinations were made. Nunc pro tunc orders may only be used to make technical corrections that are unrelated to the judicial determination requirements. The only acceptable alternative documentation of judicial determinations, absent language in a court order, is a transcript of the court proceedings.

45 C.F.R. §1356.21

1532.2 Citizenship or Immigration Status

CPS June 2013

In order to be Title IV-E eligible the child must be a citizen of the United States or a qualified alien, as described in 6700 International and Immigration Services. If a child does not meet the citizenship or alien status requirement in the month of the removal, the child cannot subsequently become IV-E eligible if he or she later obtained a qualifying immigration status.

However, if the initial determination was incorrect because of a lack of documentation or incorrect documentation regarding citizenship or alien status at the time of removal, the child’s eligibility can be corrected to Title IV-E when documentation is received that verifies the child meets the citizenship or immigration status requirement during the month of removal. The child of course must meet all other Title IV-E eligibility requirements.

Verification

The eligibility specialist must review the application and supporting documentation and verify the child’s immigration status using the four-step guidelines contained in 6716.2 Immigration Assessment Guide. In addition to the verification methods listed in the four steps, the eligibility specialist may also verify immigration status using the items listed in Appendix 1531: Acceptable U.S. Citizenship Verification Documents.

If the eligibility specialist determines that there is not enough documentation to support the citizenship or immigration status in IMPACT, he or she must correct the Citizenship Status on the child’s Person Detail page in IMPACT and notify the caseworker.

Evaluative Conclusion

The caseworker may choose the Evaluative Conclusion option on the Foster Care Assistance Application in IMPACT to determine that a child is a U.S. citizen. The caseworker must document on the application the reason for using this option based on either of the following criteria:

  •  A document proving the child’s birth in the U.S. (medical, insurance, or school record) that was created before the date of removal; or

  •  A credible person with knowledge of the family’s history who states that the child was born in the U.S.

If an Evaluative Conclusion is used for a child’s age or U.S. citizenship, the eligibility specialist certifies the child’s foster care assistance for six months. When recording the child’s initial eligibility determination in IMPACT, the eligibility specialist sets the review date to six months from the eligibility start date. At the six-month review, the eligibility specialist must verify that the agency has obtained a U.S. birth certificate or other documentation of U.S. citizenship.

If there is documentation verifying the child’s U.S. citizenship status, the child’s citizenship and eligibility status remain unchanged.

If no documentation is received verifying the child’s U.S. citizenship status, and the child has no other documentation of immigration status listed in 6716.2 Immigration Assessment Guide or in Appendix 1531: Acceptable U.S. Citizenship Verification Documents, or if it is already established that the child is not a U.S. citizen or qualified alien, the eligibility specialist:

  •  changes the child’s eligibility status to state-paid eligible effective to the initial eligibility start date;

  •  changes the child’s citizenship status in IMPACT to Undetermined Status; and

  •  notifies the caseworker of the citizenship status change.

1532.3 Social Security Number

CPS June 2013

If eligible, the child must have, or must have applied for, a Social Security number. See 1511 Foster Care Assistance and Review Policies for guidance on obtaining a Social Security number for a child who has never been issued a number by the Social Security Administration.

1532.4 AFDC Requirements

CPS June 2013

The child would be a needy child under the AFDC state plan as in effect on July 16, 1996 in the home the child was judicially removed from in the month in which the court proceeding for removal was initiated. See Appendix 1530-F: Categorical Requirements for AFDC.

42 U.S.C. §672(a)(3)(A)

1533 Requirements When IV-E Children Are in a Non-IV-E Placement

1533.1 Trial Home Visits / Monitored Returns

CPS June 2013

When a child is in a trial home visit or monitored return, the child is not eligible to receive either IV-E or state-paid foster maintenance payments as the child is now living with the person who is responsible for the child’s financial support. If the reunification fails and DFPS retains responsibility for care and placement of the child, that is, the original removal order is still in effect, the child can be reinstated for IV-E foster care payments without a new foster care application.

A trial visit or monitored return can only last for six months unless the court has extended the trial home placement beyond the six months by court order. If DFPS conservatorship has been dismissed or the child stayed in the placement longer than six months without the court continuing the placement then a new foster care application must be processed based on the current circumstances in the home.

Eligibility Staff Actions

1.   If the child returns to foster care prior to the end of DFPS’s placement and care responsibility, the eligibility specialist reinstates the child’s previous foster care eligibility.

2.   If the child returns to foster care after DFPS’s placement and care responsibility ends, the child’s Title IV-E eligibility must be re-established through a new Foster Care Application In this case the eligibility specialist:

  •  asks the CPS caseworker to:

  •  complete and submit to the specialist a new Foster Care Application in IMPACT, reflecting the situation in the home from where the monitored return occurred in the month the child returned to foster care, and

  •  send the specialist the court order that moves or transfers the child into a different placement.

  •  reviews the court order for the required Title IV-E judicial determinations described above;

  •  processes the submitted Foster Care Application in IMPACT and answers the questions regarding the Title IV-E judicial determinations accordingly, and

  •  adds the appropriate eligibility for child in IMPACT

1533.2 Placements Outside the Scope of Foster Care

CPS June 2013

When a child returns to a paid foster care placement from a non-paid placement the child retains Title IV-E eligibility as long as the original court order pertaining to the child’s removal is still in effect. The foster care eligibility specialist reinstates the child’s Title IV-E foster care eligibility without completing a foster care application or review.

Examples of such non-paid placements include:

  •  kinship or relative placements;

  •  adoptive placements;

  •  jails or facilities that are primarily for the detention of children who are adjudicated delinquent; or

  •  medical or psychiatric hospitals.

The exceptions are for children returning to foster care from a monitored return as described in the previous section and youth in Extended Foster Care as described in 10441 Temporary Absences From Extended Foster Care.

1534 Additional Eligibility Requirements for State-Paid Foster Care

CPS October 2012

Besides the requirements in 40 TAC §700.316, as described in 1530 Eligibility Requirements for Children and Youth Who Are in DFPS Conservatorship, a child must meet the following criteria to be eligible for state-paid foster care:

  •  The child must not be eligible for Title IV-E foster care assistance.

  •  The court order naming the Texas Department of Family and Protective Services (DFPS) as the child’s managing conservator must be issued under an article other than §161.001(1)(J)(i) and (ii) of the Texas Family Code.

  •  The suit resulting in DFPS being named the managing conservator must have been initiated on DFPS’s behalf.

State-paid foster care is available without regard to the citizenship or alien status of the child or the child’s family.

Medicaid Eligibility Type

After establishing a child’s eligibility for state-paid foster care, the eligibility specialist must determine the source of funding for the child’s medical assistance payments. Medical assistance may be provided through one of the following:

  •  Regular Medicaid coverage – the child is a U.S. Citizen, Legal Permanent Resident, or an Other Qualified Alien andhis or her income and resources are at or below the AFDC recognizable needs standard and the AFDC resource standard.  

  •  State-paid Medicaid coverage – the child has Undetermined Immigration status, his or her income or resources are above the AFDC standards listed above,or the child is 21 years old.

1535 Additional Eligibility Requirements for MAO Foster Care

CPS October 2012

After establishing a child’s eligibility for MAO foster care, the eligibility worker must determine the source of funding for the child’s medical assistance payments. Medical assistance may be provided through one of the following:

  •  Regular Medicaid coverage – the child is a U.S. citizen, Legal Permanent Resident or an Other Qualified Alien andhis or her income and resources are at or below the AFDC recognizable needs standard and the AFDC resource standard. 

  •  State-paid Medicaid coverage – the child has Undetermined Immigration status or his or her income or resources are above the AFDC standards listed above.  

1535.1 Medical Coverage for Children in Foster Care

CPS October 2009

According to the Texas Administrative Code, DFPS is legally obligated to provide medical coverage to children who are in DFPS managing conservatorship.

DFPS Rules, 40 TAC §700.1351

Any child who is in the managing conservatorship of DFPS is certified as having at least Medical Assistance Only (MAO). The certification is effective until the legal responsibility of DFPS is terminated. This includes children on Unauthorized Absence or in unauthorized placements.

Situations may arise in which it would be in the best interest of the child to discontinue foster care Medicaid in order to provide a child in DFPS conservatorship with another type of Medicaid coverage. This might be needed to facilitate a placement or to provide the child access to other medical services. In these situations it would be necessary to obtain approval from the CPS State Office Division Administrator of the Federal/State Support Division before terminating the Medicaid of any child in the conservatorship of DFPS.

1535.2 Medical Assistance Only (MAO) Auto-Eligibility

CPS October 2009

Medical Assistance Only (MAO) Auto-Eligibility establishes an MAO-type of Medicaid in TIERS, an HHSC eligibility determination system, before DFPS determines the actual foster care assistance eligibility.

The IMPACT case management system creates an MAO Auto-Eligibility Event when:

  •  a child has an open SUB-REG or SUB-C-PB stage in IMPACT;

  •  a child does not have an open foster care or adoption assistance type of eligibility in IMPACT; and

  •  a caseworker enters a child’s placement in IMPACT.

1535.3 MAO Coverage for Children Placed in Kinship, Relative, or Own Home Placement

CPS October 2009

Foster care eligibility specialists must certify children for Medical Assistance Only (MAO) coverage when children:

  •  leave foster care, but remain in the conservatorship of DFPS; and

  •  return to their own home, relatives, or kinship placement.

Application for and Determination of Eligibility for Foster Care Assistance

In every instance that a child is placed in the conservatorship of DFPS:

  •  the CPS worker who is assigned to a child's case must complete a Foster Care Assistance Application; and

  •  a foster care eligibility specialist determines MAO eligibility.

Caregivers May Apply for TANF When MAO Is Active

The application and determination are required regardless of whether the relative or kinship caregiver is applying for Temporary Assistance for Needy Families (TANF) or kinship care payment. The relative or kinship caregiver may apply for TANF payments even if an MAO-type Medicaid is active for the child.

Basis for and Duration of MAO Eligibility

If a child in DFPS conservatorship is placed directly with a relative or kinship caregiver, the foster care eligibility specialist determines MAO eligibility using the Foster Care Assistance Application submitted by the child's assigned CPS worker. This MAO eligibility remains open until a court terminates DFPS responsibility as conservator. The foster care eligibility specialist follows the same procedures for determining eligibility that are set out for all children in DFPS conservatorship.

1535.4 MAO Coverage for Children in Adoptive Placements

CPS October 2009

Children in adoptive placements may or may not qualify for adoption assistance, which includes Medicaid.

For children in adoptive placements and in the managing conservatorship of DFPS who do not qualify for adoption assistance, DFPS must continue to provide Medical Assistance Only (MAO) coverage until the child qualifies for adoption assistance or until DFPS legal responsibility for the child ends.

Transferring Foster Care to Adoption MAO Coverage

On the effective date of the adoptive placement:

  •  The foster care eligibility specialist end-dates the child’s foster care eligibility; and

  •  The adoption assistance eligibility specialist opens the child's Medical Assistance Only (MAO) eligibility in the child's adoption stage.

1535.5 MAO Coverage for Children in Texas Juvenile Justice Department (TJJD) Placements

CPS October 2009

Terminating Medical Assistance Only (MAO) Eligibility

When a child is placed in TJJD or a juvenile detention facility administered by the county juvenile probation department, the foster care eligibility specialist must end the child’s MAO eligibility in IMPACT. This is required because these placements are considered to be secured settings.

Reinstating MAO Eligibility

The child’s eligibility may be reinstated when he or she is released from the TJJD detention facility and placed back into CPS foster care or a kinship placement, provided DFPS continues as managing conservator.

1536 Eligibility in Medical Facilities Before Placement

CPS October 2012

A child in a medical facility is eligible for medical assistance only (MAO) if:

  •  the child meets the general eligibility requirements specified in §700.316(b) of the Texas Administrative Code; and

  •  DFPS plans to place the child outside the home in a residential child-care facility or relative placement as soon as the child leaves the medical facility.

      DFPS must proceed with the planned placement unless there is a change in the court order or some other event occurs that clearly precludes making the placement.

The child's eligibility for foster care assistance commences on the date DFPS takes possession of the child as stated in Chapter 262, Texas Family Code.

DFPS Rules, 40 TAC §700.320

1537 Foster Care Payments During Absences From the Foster Care Home or Facility

CPS October 2012

Under certain circumstances, DFPS continues to make foster care payments to a provider on behalf of a child who is no longer in that provider's care. The purpose is to reserve space for the child's anticipated return to that provider at a date in the near future. The maximum duration of continued payments to the provider during a child's absence is subject to the limitations described in this section.

Payments to a provider for foster care during a child's absence are only made if each of the following three conditions are met:

  •  DFPS plans to return the child to the provider at the end of the absence.

  •  The provider agrees to reserve space for the child's return for as long as payments are made in the child's absence.

  •  DFPS is not making foster care payments on behalf of this same child to any other provider during the child's absence.

If DFPS authorizes a child's temporary absence from:

  •  an emergency shelter or other provider contracted to provide emergency care, DFPS may continue to pay the provider for not more than five days during the child's absence; or

  •  non-emergency foster care, DFPS may continue to pay the foster care provider, if the payment is approved as follows:

  •  payment for an absence of not more than 14 days requires the approval of the regional supervisor and program director.

  •  payment for an absence between 15 and 30 days requires the approval of the regional program administrator.

  •  payment for an absence between 31 and 90 days requires the approval by the regional director and the director of placement.

  •  payment may continue, in unusual circumstances, for an authorized absence of longer than 90 days with prior written approval by the assistant commissioner or his or her designee.

DFPS Rules, 40 TAC §700.323

 

1538 Medicaid Benefits for Foster Care Children Placed in Texas From Other States

CPS October 2012

When a child who is eligible for Title IV-E is placed in Texas from another state and the sending state continues to pay for the child's foster care with Title IV-E funds:

  •  DFPS provides the child's Medicaid benefits; and  

  •  the sending state provides DFPS with information about the child's eligibility to receive Medicaid benefits through Title IV-E.

DFPS Rules, 40 TAC §700.345

Authorizing Medicaid Benefits

The Role of the DFPS Caseworker

To authorize DFPS foster care Medicaid benefits for a child who is eligible for Title IV-E who is placed in Texas from another state, the DFPS caseworker asks the caseworker in the sending state to provide information about the child's eligibility, as follows:

  •  Complete Form ICPC 100-B Interstate Compact Placement Status Report, that shows the date that the child was placed in Texas.

  •  Complete Form ICPC 103 Interstate Compact Financial/Medical Plan, which verifies that the child receives foster care funding through Title IV-E.

  •  Provide the last date that the child had Medicaid coverage in the sending state.

  •  Provide the name of any third-party resource the child may have for medical care.

  •  Provide the child’s Social Security number.

  •  Return the completed forms and information to the DFPS caseworker within the time frame requested.

After receiving the forms and other eligibility details from the sending state, the DFPS caseworker forwards them to the foster care eligibility specialist.

The Role of the DFPS Eligibility Specialist

The eligibility specialist records the child’s eligibility as Medical Assistance Only (MAO) in the IMPACT case management system. The effective date of the child's Medicaid coverage is the earliest date that the child was both:

  •  eligible for Title IV-E payments for foster care while placed in Texas; and

  •  was not receiving Medicaid from another state.

Every 12 months, the eligibility specialist confirms whether the child is still eligible for DFPS foster care Medicaid by verifying with the caseworker that the sending state continues to make Title IV-E foster care payments to the child's caregiver.

If the child continues to be eligible, the foster care eligibility specialist records a new eligibility date for the child in IMPACT. (A review of the child's foster care through IMPACT is not needed to recertify children for continued Medicaid eligibility.)

For More Information

See 9400 Placing Children From Another State in Texas for more information about what to do when a public agency in another state requests that a child who is abused or neglected be placed into foster care in Texas.

1539 Medicaid Benefits for Foster Care Children Placed Out of State

CPS October 2012

Title IV-E Foster Care Payments

When a child in DFPS conservatorship who is eligible for Title IV-E is placed out-of‑state and DFPS continues to pay for the child's foster care with Title IV-E funds:

  •  the receiving state becomes responsible for providing the child's Medicaid benefits; and

  •  DFPS provides the receiving state with information about the child's eligibility to receive Medicaid through Title IV-E.

DFPS Rules, 40 TAC §700.345

After the receiving state approves the child's placement and the child has been placed, the following steps are taken to arrange for the receiving state to provide the child's Medicaid coverage:

1.   The caseworker completes the Interstate Compact Placement Status Report (Form ICPC 100-B) in the IMPACT case management system no later than seven business days after the child is placed.

2.   The caseworker submits Form 100-B to his or her supervisor for approval.

3.   After the supervisor approves Form 100-B, it is assigned through IMPACT to the regional ICPC coordinator and then to the Texas Interstate Compact Office (TICO).

4.   TICO prints out Form ICPC 100-B from IMPACT and sends it to the receiving state.

5.   The caseworker notifies the foster care eligibility specialist that the child has been placed and that the receiving state will be providing Medicaid coverage.

6.   The eligibility specialist changes the child’s Medicaid type to None in IMPACT, which allows DFPS to continue making Title IV-E payments to the child's caregiver, but ends the child's DFPS foster care Medicaid.

No Title IV-E Foster Care Payments

When Title IV-E payments will not be made while a child in DFPS conservatorship is placed out-of-state, DFPS continues to provide both Medicaid benefits and foster care payments, as applicable.

DFPS Rules, 40 TAC §700.345

State-Paid Foster Care

If DFPS is paying for the foster care of a child who is state-paid eligible, the foster care eligibility specialist records the child’s selected eligibility as State-Paid in IMPACT.

MAO Foster Care

If DFPS is not making foster care payments, the foster care eligibility specialist changes the child’s selected eligibility to Medical Assistance Only (MAO)in IMPACT. This applies to children who are both Title IV-E and state-paid eligible.

Ending the Child's Eligibility

The eligibility specialist ends the child’s eligibility for DFPS foster care Medicaid or equivalent coverage in IMPACT only if:

  •  the specialist is later notified that the child is receiving Medicaid in the receiving state; or

  •  the legal responsibility of DFPS is terminated.

See 9300 Placing Children Outside of Texas.

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