Who must make the determination with respect to foster care candidacy?
Answer 9: The State agency (or another public agency that has entered into an agreement with the State Title IV-E agency pursuant to section 472(a) (2) of the Social Security Act (the Act)) must determine whether a child is a candidate. The basis for this clarification is set forth in regulation and Departmental policy: REGULATION: A determination with respect to candidacy is a type of eligibility determination because Title IV-E funds are expended as the result of a determination with respect to a child’s status. The regulations at 45 CFR 205.100 require that officials of the State agency perform administrative functions that require the exercise of discretion. Under long-standing Departmental policy that originates with the 1939 amendments to the Social Security Act, the determination of an individual’s eligibility for a Federal entitlement is considered a function that requires the exercise of discretion. Accordingly, determinations with respect to foster care candidacy must be made
