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Appendix VII

Title IV-E Eligibility Criteria for the
Foster Care Maintenance Payments Program

Title IV-E FCMP Eligibility Criterion	Statutory Citation	Regulatory Citation
Contrary to the Welfare	472(a)(1)	1356.21(c)
Reasonable Efforts to Prevent Removals*	4472(a)(1), 471(a)(15)(B)(i)	1356.21(b)(1)
Reasonable Efforts to Make and Finalize a Permanency Plan*	472(a)(1), 471(a)(15)(B)(ii) and (C)	1356.21(b)(2)
Aid to Families with Dependent Children (AFDC) Eligibility	472(a)(1) and (4)	1356.71(d)(1)(v)
Placement and Care Responsibility Vested with the State Agency	472(a)(2)	1356.71(d)(1)(iii)
Placement in a Licensed Foster Family Home or Child Care Institution	472(a)(3), (b), and (c)	1356.71(d)(1)(iv) 1355.20 1355.20
Voluntary Placement Agreements and Best Interests Determinations	472(d), (e), and (f)	1356.22
Criminal Records Check **	471(a)(20) and 475(1)	1356.30

* The act of making reasonable efforts to prevent a child's removal from the home and/or to make and finalize a permanency plan is a State plan requirement, and compliance with such is assessed during the course of the child and family services reviews. The judicial determination regarding the act of making reasonable efforts to prevent a child's removal from the home or to make and finalize a permanency plan is an eligibility criterion. The State's performance in obtaining the requisite judicial determination is assessed through the title IV-E foster care eligibility review.

** States must conduct criminal records checks on all prospective foster and adoptive parents to comply with the title IV-E State plan. The results of the criminal records check affect the State's ability to license foster and adoptive homes. The provision also must be treated as an eligibility criterion, given its impact on the licensing process.