441—156.20 (234) Eligibility for foster care payment.
	 156.20(1) Client eligibility. Foster care payment shall be limited to the following populations.
	  a.   	 Youth under the age of 18 shall be eligible based on legal status, subject to certain limitations.
	 (1) 	 Legal status. The youth’s placement shall be based on one of the following legal statuses:
	  1. 	 The court has ordered foster care placement pursuant to Iowa Code section 232.52, subsection 2, paragraph “d,” Iowa Code section 232.102, subsection 1, Iowa Code section 232.117, or Iowa Code section 232.182, subsection 5.
	  2. 	 The child is placed in shelter care pursuant to Iowa Code section 232.20, subsection 1, or Iowa Code section 232.21.
	  3. 	 The department has agreed to provide foster care pursuant to rule 441—202.3(234).
	 (2) 	 Limitations. Department payment for group care shall be limited to placements which have been authorized by the department and which conform to the service area group care plan developed pursuant to rule 441—202.17(232). Payment for an out-of-state group care placement shall be limited to placements approved pursuant to 441—subrule 202.8(2).
	  b.   	 Youth aged 18 and older who meet the definition of child in rule 441—202.1(234) shall be eligible based on age, a voluntary placement agreement pursuant to 441—subrule 202.3(3), and type of placement.
	 (1) 	 Except as provided in subparagraph 156.20(1)“b”(3), payment for a child who is 18 years of age shall be limited to family foster care or supervised apartment living.
	 (2) 	 Except as provided in subparagraph 156.20(1)“b”(3), payment for a child who is 19 years of age shall be limited to supervised apartment living.
	 (3) 	 Exceptions. An exception to subparagraphs (1) and (2) shall be granted for all unaccompanied refugee minors. The service area manager or designee shall grant an exception for other children when the child meets all of the following criteria. The child’s eligibility for the exception shall be documented in the case record.
	  1. 	 The child does not have mental retardation. Funding for services for persons with mental retardation is the responsibility of the county or state pursuant to Iowa Code section 222.60.
	  2. 	 The child is at imminent risk of becoming homeless or of failing to graduate from high school or obtain a general equivalency diploma. “At imminent risk of becoming homeless” shall mean that a less restrictive living arrangement is not available.
	  3. 	 The placement is in the child’s best interests.
	  4. 	 Funds are available in the service area’s allocation. When the service area manager has approved payment for foster care pursuant to this subparagraph, funds which may be necessary to provide payment for the time period of the exception, not to exceed the current fiscal year, shall be considered encumbered and no longer available. Each service area’s funding allocation shall be based on the service area’s portion of the total number of children in foster care on March 31 preceding the beginning of the fiscal year, who would no longer be eligible for foster care during the fiscal year due to age, excluding unaccompanied refugee minors.
	  c.   	 A young mother shall be eligible for the extra payment for her young child living with her in care as set forth in subrule 156.6(4), paragraph “a,” and subrule 156.9(4) if all of the following apply:
	 (1) 	 The mother is placed in foster care.
	 (2) 	 The mother’s custodian determines, as documented in the mother’s case permanency plan, that it is in her best interest and the best interest of the young child that the child remain with her.
	 (3) 	 A placement is available.
	 (4) 	 The mother agrees to refund to the department any child support payments she receives on behalf of the child and to allow the department to be made payee for any other unearned income for the child.
	 156.20(2) Provider eligibility for payment.
	  a.   	 Providers of shelter care services and supervised apartment living services shall have a purchase of service contract under 441—Chapter 150 in force.
	  b.   	 Providers of group care services shall have a foster group care services contract under 441—Chapter 152 in force.
This rule is intended to implement Iowa Code sections 232.143, 234.35 and 234.38.
[ARC 8010B, IAB 7/29/09, effective 10/1/09]