---
kind: "section"
citation: "42 C.F.R. § 435.145"
title: "42"
number: "435.145"
heading: "Children with adoption assistance, foster care, or guardianship care under title IV-E."
url: "https://uscodex.org/cfr/42/435.145"
---

# §435.145. Children with adoption assistance, foster care, or guardianship care under title IV-E.

- (a) **Basis.** This section implements sections [1902(a)(10)(A)(i)(I)](/cfr/42/1902.md?p=a-10-A-i-I) and [473(b)(3)](/cfr/42/473.md?p=b-3) of the Act.
- (b) **Eligibility.** The agency must provide Medicaid to individuals for whom—
  - (1) An adoption assistance agreement is in effect with a State or Tribe under title IV-E of the Act, regardless of whether adoption assistance is being provided or an interlocutory or other judicial decree of adoption has been issued; or
  - (2) Foster care or kinship guardianship assistance maintenance payments are being made by a State or Tribe under title IV-E of the Act.

## Notes

### Amendments

[81 FR 86451, Nov. 30, 2016]

### Authority

Authority: 42 U.S.C. 1302.

### Source

Source: 43 FR 45204, Sept. 29, 1978, unless otherwise noted.

### Amendments

[81 FR 86451, Nov. 30, 2016]