How will the Rosales decision affect real children and families?
• In the Rosales case, the child was originally living with his parents and was not eligible for AFDC in their home. County welfare officials removed the child, alleging maltreatment, and informally placed him with Ms. Rosales, his grandmother, without going to court. At that time the child met AFDC eligibility criteria in the grandmother’s home. At some point afterwards, the county filed a dependency action in court, and Ms. Rosales became the child’s foster parent. Under HHS policy, the child was not TITLE IV-E eligible because he did not meet the AFDC criteria in his parents’ home, the home from which he was legally removed. The Court of Appeals disagreed with HHS and said that the child could meet the AFDC criteria in Ms. Rosales’ home. • In another case, a child was originally living with her mother, where she was AFDC eligible. The child was then informally placed with her grandmother, in whose home she also was AFDC eligible. However, more than six months passed before the count
