(Revision. 10/1/16)
45 CFR 1356.21(e) Trial Home Visits (Title IV-E)
To ensure that the child’s best interest and safety are considered when children are placed at home for a trial home visit or are returned home.
A trial home visit may not exceed six months in duration, unless a court orders a longer home visit. If a trial home visit extends beyond six months or the time period ordered by the court, or if custody is released or changed to supervision during a trial home visit, the child is considered to have returned home.
If a child is considered to have returned home and is later removed from the home while the Office of Children’s Services (OCS) still has custody of the child, a new Title IV-E eligibility determination must be made. In order for the child to be eligible for IV-E funding, the court must make the following findings:
The first time the court addresses the child’s placement after the removal, the court must find that it is Contrary to the Welfare of the child to remain in the home.
Within 60 days of the removal, the court must find that reasonable efforts were made to prevent the removal.
A new IV-E eligibility determination and court order is not required when a child is removed from home while on a trial home visit.
While OCS has custody of a child, a placement in the child’s own home following an out-of-home placement is considered a trial home visit for the first six months, or for a different time period if ordered by the court.
If a trial home visit lasts for longer than six months or the time period ordered by the court, or if custody is released, the child is considered to have returned home.
Administrative reviews must continue during trial home visits according to schedule.
Prior to placing a child at home for a trial home visit an evaluation will be completed to determine whether the household is a safe environment.
If a child in OCS custody is removed from the home after a trial home visit has ended, the PSS will complete an affidavit that explains the circumstances of the removal and provide it to the assistant attorney general for attachment to a motion for removal findings.