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Effective: 10/15/2024

G3.6 Legal Responsibility

Legal Authority

Introduction

​​​​​Legal responsibility means that the Cabinet for Health and Family Servies (CHFS/Cabinet) has legal responsibility for the care of the child. This can be established in one of two ways:​

  1. ​Through a court order; or
  2. ​A voluntary commitment agreement. 

When the Cabinet gains legal custody of a child, assuming other criteria are met, Title IV-E foster care payments may be made on the child’s behalf.


Practice Guidance

Procedure

​The Children's Benefits Worker (CBW):
  1. Reviews the removal order (emergency custody, temporary removal, temporary custody or commitment order) or voluntary commitment agreement to ensure the required legal responsibility is established;
  2. Notifies the SSW to obtain the required documentation of legal responsibility if the material is not present.
The Billing Specialist:
  1. ​Completes timely entry of the child's placement into TWIST enter/exit screens.


Documents

Revisions