G3.8 Best Interest Determination for a Voluntary Commitment Agreement

Legal Authority

As described in SOP G3.2 Title IV-E Eligibility and Reimbursability, when a child is removed from the home pursuant to a voluntary commitment and the placement is expected to exceed one hundred eighty (180) days, the Cabinet for Health and Family Services (CHFS/Cabinet) files a petition seeking court-ordered custody of the child.
As described in SOP G3.2 Title IV-E Eligibility and Reimbursability, a court order containing the required Title IV-E judicial determination language, that placement is in the child’s best interest and that reasonable efforts to prevent removal were made or is not required.

The CBW:

Obtains a court order from the SSW containing the required Title IV-E judicial determination language within one hundred eighty (180) days, or the child is not Title IV-E eligible or reimbursable for the duration of the out-of-home placement episode;
Establishes the date by which the required judicial determination must be obtained for each voluntary commitment;
Notifies the SSW within one hundred twenty (120) days of the date when the judicial determination has not been obtained;
Discontinues the child’s Title IV-E eligibility after one hundred eighty (180) days of placement upon notification from the SSW that the required judicial finding has not been obtained.