Section 359.11 Limitation on Federal Financial Participation

Section

359.11  Limitation on Federal Financial Participation

a)

Beginning with

the third week for which foster care maintenance payments are made on behalf of

a child placed in a child-care institution, the Department will not receive

Federal payments for amounts expended for foster care maintenance payments on

behalf of the child unless:

1)

the child is

placed in a child-care institution that is:

A)

a qualified

residential treatment program (QRTP);

B)

a setting

specializing in providing prenatal, post-partum, or parenting supports for

youth;

C)

in the case of a

child who has attained 18 years of age, a supervised setting in which the child

is living independently; or

D)

a setting

providing high-quality residential care and supportive services to children and

youth who have been found to be or are at risk of becoming, sex trafficking

victims.

(42 U.S.C. 672(k)(2)(A)-(D))

or

2)         the child is placed in a

licensed residential family-based treatment facility with a parent who is in a

licensed residential family-based treatment facility for substance abuse, and

only when:

A)

the recommendation

for the placement is specified in the child's case plan before the placement;

B)

the treatment

facility provides parenting skills training, parent education and individual

and family counseling; and

C)

the substance

abuse treatment, parenting skills training, parent education, and individual

and family counseling is provided under an organizational structure and

treatment framework that involves understanding, recognizing, and responding to

the effects of all types of trauma and in accordance with recognized principles

of a trauma-informed approach and trauma-specific interventions to address the

consequences of trauma and facilitate healing; (See 42 U.S.C. 672

n, and individual

and family counseling is provided under an organizational structure and

treatment framework that involves understanding, recognizing, and responding to

the effects of all types of trauma and in accordance with recognized principles

of a trauma-informed approach and trauma-specific interventions to address the

consequences of trauma and facilitate healing; (See 42 U.S.C. 672

(j)(1)(A)-(C)), and

3)

the child is

placed in a qualified residential treatment program and the required assessment

to determine the child's appropriate placement is completed within 30 days

after the placement is made.

b)         If the required

placement assessment determines that the placement of a child in a QRTP is not

appropriate, a court disapproves or a child who has been in an approved

placement in a qualified residential treatment program is going to return home

or be placed with a fit and willing relative, a legal guardian, or an adoptive

parent, or in a foster family home or the child remains un the placement beyond

the 30-day period necessary for the child to transition to the new placement.

(42 U.S.C. 672(k)(3)(A)-(B))