Sec. 07.02.11.04. Eligibility

A. A local department shall initiate out-of-home placement for a child who:

(1) Is placed voluntarily in the custody or in the care of the local department, under a written agreement in accordance with Regulation .06 of this chapter;

(2) Is abused, abandoned, or neglected, has a developmental disability or a mental disorder, or is in imminent danger, or in serious immediate danger, so long as a court has:

(a) Determined that continued residence in the child's home is contrary to the child's welfare, and

(b) Committed the child to the custody or guardianship of the local department.

B. A child in out-of-home placement is eligible to remain in out-of-home placement until the end of the month in which the child becomes 18 years old, except that a child 18 to 21 years old may remain in out-of-home placement up to the 21st birthday so long as the child is:

(1) Completing secondary education or a program leading to an equivalent credential;

(2) Enrolled in an institution that provides post-secondary or vocational education;

(3) Participating in a program or activity designed to promote or remove barriers to employment;

(4) Employed for at least 80 hours per month; or

(5) Incapable of doing any of the activities in §B(1)-(4) of this regulation due to a medical condition, which incapability is supported by regularly updated information in the case plan of the child.

C. A child is not eligible for out-of-home placement if the child:

(1) Is married;

(2) Is in the military; or

(3) Fails to comply with §B of this regulation.

D. A child may not be committed to the custody or guardianship of a local department and placed in an out-of-home placement solely because the child's parent or guardian lacks shelter or because the parent has a disability.

E. The local department shall make appropriate referrals to emergency shelter services and other services for the homeless family with a child who lacks shelter.