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Library: Policy

340:75-13-11. Title IV-E of the Social Security Act

Revised 5-26-05

(a) Legal base.  Title IV-E (IV-E) was originally enacted as part of the Adoption Assistance and Child Welfare Act of 1980, and later amended by the Adoption and Safe Families Act, (ASFA) of 1997, Public Law 105-89, Sections 620 through 679 of Title 42 of the United States Code.  ASFA was enacted to address the nationwide problem of children remaining removed from their homes and in out-of-home care for many years with no permanent plan.

  • (1) These laws require that a child be removed from his or her home only when continuation in the home is contrary to the child's welfare and, unless an emergency exists, reasonable efforts be made to prevent the child's removal.

  • (2) When a child is removed, reasonable efforts must be made to finalize the permanency plan adopted by the court.

  • (3) Judicial determinations or findings must be made on a case-by-case basis and reflect the actions and efforts by the State.  In those cases where reasonable efforts to prevent removal or reunify are not required, the court must hold a permanency hearing within 30 days of such finding.

(b) Purpose.  To assist states in compliance with federal law, funds were made available through IV-E of the federal Social Security Act to reimburse the states for a percentage of the cost of:

  • (1) certain administrative and training activities;

  • (2) room, board, and basic supervision for children in out-of-home care; and

  • (3) recurring and non-recurring adoption assistance for eligible children.

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