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Manual Title Chapter Page Revision Date Virginia Medical Assistance Eligibility M03 January 2020 Subchapter Subject Page ending with Page M0310 GENERAL RULES & PROCEDURES M0310.115 30

5. Independent Living A foster care child who is under age 21, who is in an Independent Living arrangement and receives full or partial support from a local social services agency, continues to meet the foster care definition and may be eligible in the covered group of Individuals Under Age 21.

6. Non-custodial and Parental Agreements a. Non-custodial Agreement A non-custodial agreement is an agreement between the child’s parent or guardian and the local Board of Social Services. The parent(s) or guardian retains legal custody of the child. The social services agency agrees to provide financial assistance and/or services to the child, such as placement in and payment for residential facility services.

Non-custodial agreements are used when LDSS serves as the case manager and has placement and care responsibilities to place a child outside of his home for treatment.

Children with non-custodial agreements are considered to be in foster care for Medicaid eligibility purposes. b. Parental Agreement A parental agreement is an agreement between the child’s parent or guardian and an agency other than DSS which is designated by the CPMT. The other agency designated by the CPMT has placement and care responsibility for the child and agrees to provide financial assistance and/or services to the child, such as placement in and payment for residential facility services. Parental agreements are used when an agency other than LDSS is designated by the CPMT as case manager and the child is placed outside of the home for treatment. Children with parental agreements ARE NOT considered to be in foster care for Medicaid eligibility purposes. c. Placement Federal Title IV-E funds can only be claimed if LDSS has placement and care responsibility for the child and the child is placed by LDSS outside the child’s home. If the LDSS has placement and care responsibility for the child and the child is placed in the child’s home, the child is not eligible for Title IV-E funds and is a Non-IV-E foster child for Medicaid eligibility purposes. 7. Department of Juvenile Justice A child in the custody of the Virginia Department of Juvenile Justice or who is the responsibility of a court is a “Department of Juvenile Justice (DJJ) child.” B. Procedures 1. IV-E Foster Care Children who are eligible for and receive Title IV-E (AFDC-FC) foster care maintenance payments or Title IV-E KinGAP payments are IV-E Foster Care for Medicaid eligibility purposes. A child of a IV-E foster care child is also considered to be a IV-E foster care child when the mother’s IV-E payment includes an allocation for her child.