ACL 06-19 – Final Court Order and Clarification Regarding Rosales (June 30, 2006)

This letter supercedes the March ACL on the subject. The Deficit Reduction Act of 2006 “fixed” Rosales, by mandating that foster care income eligibility shall be based solely on the income of the family in the home from which the child was removed, and not the income of the relatives with whom the child is placed. After court clarification, the Rosales criteria (basing foster care on income eligibility of relative/placement home when no financial eligibility in home of removal, as described in MPP 45-202.332) can remain in use through June 9, 2006, and the county must pay any benefits due to such cases until the redetermination of eligibility. The federal court delayed the redetermine eligibility implementation date until June 9, 2006. Thus, Rosales cases can continue to be aided through the month of their next annual redetermination. [Download]