Can a child be considered "constructively" removed from a legal guardian who is not a specified relative?

Answer 7: No. The statute at section 472 (a)(3)(A) of the Social Security Act requires, among other things, that a child be living with and removed from the home of a specified relative at the time of the voluntary placement agreement or initiation of court proceedings. The provisions for "constructive" removal do not alter the requirement that the removal be from the home of a parent or specified relative.

Question 8: On January 2, 2008 a child is placed in the legal custody of a relative because of a finding of neglect on a 1017 order. On February 1, 2008 the decision is made for the relative to become a foster parent, the relative becomes a certified foster parent on April 1, 2008. The judge then remands the child into foster care (in the relatives FH) on April 1, 2008 based on the original neglect order against the parent, is the child's placement Title IV-E eligible?

Answer 8: If the child moved into the home of the relative at the same time they received custody then the child ... more.

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