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Effective: 8/10/2026

G3.4 Required IV-E Judicial Determination

Legal Authority

Introduction

To meet requirements for federal reimbursement for the cost of care under Title IV-E of the Social Security Act, there must be a judicial determination that the agency made reasonable efforts to prevent removal or that reasonable efforts were not required due to specific circumstances. Once a child enters care, the agency must continue to make reasonable efforts toward reunification, unless reasonable efforts are not required due to specific circumstances.  The court must also make and document the judicial determination regarding these efforts.  ​​​​​​​​​​​​​​​​

Practice Guidance

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For Title IV-E determination:
  • The court order that initially removes a child from the home, referred to as the removal order, must specify that continuation in the home is contrary to the welfare of the child, or best interest language for removal of the child. A removal order may be a temporary custody order as outlined in SOP C6.13 Temporary Removal Hearing or an emergency custody order as outlined in SOP C6.18 Emergency Custody Order (ECO)​.
  • The court order must explicitly state that reasonable efforts were made or were not required (aggravated circumstances) to prevent the child’s removal as described in SOP C6.8 Judicial Determination of Reasonable Efforts or Aggravated Circumstances​. 
  • When the appropriate language is not contained in the judge’s order or court transcript within sixty (60) calendar days of removal, the child is not Title IV-E eligible as long as the child remains continuously in out-of-home care (OOHC).
  • Each time a child is returned to and removed from the home, a new court order with the required Title IV-E judicial determinations must be obtained.
  • ​Occasionally a child in OOHC is returned to the removal home for a trial home visit. If a crisis occurs that necessitates the removal of the child during the home visit, it is not necessary to obtain a new court order authorizing the second removal if the SSW documented in the case plan’s visitation agreement that the purpose of the child’s placement in the removal home is for a trial visit. If the child’s trial visit extends beyond six (6) months, then it is necessary to obtain a new court order authorizing removal, which contains the required judicial determinations, unless the court has ordered a longer trial home visit.




Procedure

The SSW: 

  1. ​Provides all required documentation for determining Title IV-E eligibility and reimbursability to the children's benefits worker (CBW) following procedures in SOP G3.2 Title IV-E Eligibility​ and Reimbursability​. 

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The CBW:

  1. ​​Determines whether the court orders or voluntary commitment agreement submitted by the SSW meets the Title IV-E requirements;
  2. Notifies the SSW when an order or agreement is not acceptable;
  3. Provides notice to the SSW at one hundred twenty (120) calendar days into a voluntary commitment agreement to ensure the appropriate court order has been obtained before the required one hundred eighty (180) calendar days.


Documents

Revisions