Effective in May 1961, the federal Social Security law was amended to authorize federal financial participation in paying foster family care for children who meet the AFDC eligibility. In 1962, the law was further amended to provide participation in certain cases where the AFDC child needed to be placed in a private non-profit child care institution. The Adoption Assistance and Child Welfare Act of 1980 (P.L. 96-272) added a new Part E to Title IV establishing a program of adoption assistance for eligible children and strengthened the program of foster care assistance for needy and dependent children. The federal legislation, while emphasizing services to keep children in their own homes if at all possible, also recognizes the fact that some situations exist in which the home environment is clearly contrary to the best interests of the child.
RSMo 208.047 provides that, notwithstanding the provisions of RSMo 208.040, AFDC Title IV-E benefits may be granted to a dependent child:
- who would meet the requirements of RSMo 208.040, except for removal from the home of a relative as a result of a judicial determination to the effect the continuation therein would be contrary to the welfare of such child
- whose placement and care is the Children’s Division’s responsibility
- who has been placed in a foster family home or non-profit private child care institution as a result of such determination; and
- who (1) received AFDC benefits in and for the month in which court proceedings leading to such determination were initiated; or (2) would have received aid in or for that month if application had been made therefore; or (3) in the case of a child who was living with a relative specified in RSMo 208.040 within six months prior to the month in which such proceedings were initiated, would have received aid in and for such month, if in such month the child was living with (and removed from the home of) such a relative and application had been made therefore.