---
kind: "section"
citation: "45 C.F.R. § 400.113"
title: "45"
number: "400.113"
heading: "Duration of eligibility."
url: "https://uscodex.org/cfr/45/400.113"
---

# §400.113. Duration of eligibility.

- (a) Except as specified in [paragraph (b)](#b), a refugee child may be eligible for services under [§ 400.112](/cfr/45/400.112.md) of this part during the 36-month period beginning with the first month the child entered the United States.
- (b) An unaccompanied minor continues to meet the definition of “unaccompanied minor” and is eligible for benefits and services under [§§ 400.115 through 400.120](/cfr/45/400.115..400.120.md) of this part until the minor—
  - (1) Is reunited with a parent; or
  - (2) Is united with a nonparental adult (relative or nonrelative) willing and able to care for the child to whom legal custody and/or guardianship is granted under State law; or
  - (3) Attains 18 years of age or such higher age as the State's title IV-B plan prescribes for the availability of child welfare services to any other child in the State.

## Notes

### Source

Source: 51 FR 3915, Jan. 30, 1986, unless otherwise noted.

### Authority

Authority: Section 412(a)(9), Immigration and Nationality Act (8 U.S.C. 1522(a)(9)).

### Source

Source: 45 FR 59323, Sept. 9, 1980, unless otherwise noted.