18.2Reasonable Efforts Findings
To establish a child’s eligibility for federal foster care maintenance payments under Title IV-E of the Social Security Act, “[t]he State must make reasonable efforts . . . to make and finalize alternate permanency plans in a timely manner when reunification [of the child and family] is not appropriate or possible.”1 45 CFR 1356.21(b). See also 42 USC 672(a)(1).
“The court must make findings on whether reasonable efforts have been made to establish permanent placement for the child[.]” MCR 3.978(C).
Note: To maintain Title IV-E eligibility, “[t]he . . . agency must obtain a judicial determination that it has made reasonable efforts to finalize the permanency plan that is in effect (whether the plan is reunification, adoption, legal guardianship, placement with a fit and willing relative, or placement in another planned permanent living arrangement) within twelve months of the date the child is considered to have entered foster care[2] . . . , and at least once every twelve months thereafter while the child is in foster care.” 45 CFR 1356.21(b)(2)(i). “If such a judicial determination regarding reasonable efforts to finalize a permanency plan is not made in accordance with the schedule prescribed in [45 CFR 1356.21(b)(2)(i)], the child becomes ineligible under [T]itle IV-E at the end of the month in which the judicial determination was required to have been made, and remains ineligible until such a determination is made.” 45 CFR 1356.21(b)(2)(ii).
1 Reasonable efforts are not the sole means of establishing eligibility under Title IV-E; the state must also comply with other federal requirements. See Chapter 14 for a detailed discussion of federal funding. See also the Department of Health & Human Services, Children’s Bureau Letter to Child Welfare and Judicial Leaders, which details the judicial determinations and proceedings that must be held in order to satisfy Title IV-E requirements as well as suggestions for ensuring courts continue “to practice in a manner consistent with constitutional principles and to serve the best interest of children[.]”
2 A child enters foster care on the earlier of the date that the court found a child to be abused or neglected or the date of the child’s actual removal from his or her home. 45 CFR 1355.20(a).