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

---
identifier: "/us/cfr/t42/s435.145"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 435.145 - Children with adoption assistance, foster care, or guardianship care under title IV-E."
title_number: 42
title_name: "Public Health"
section_number: "435.145"
section_name: "Children with adoption assistance, foster care, or guardianship care under title IV-E."
chapter_name: "CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "C"
subchapter_name: "MEDICAL ASSISTANCE PROGRAMS"
part_number: "435"
part_name: "ELIGIBILITY IN THE STATES, DISTRICT OF COLUMBIA, THE NORTHERN MARIANA ISLANDS, AND AMERICAN SAMOA"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 1302."
regulatory_source: "43 FR 45204, Sept. 29, 1978, unless otherwise noted."
cfr_part: "435"
---


# 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) and 473(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.

[81 FR 86451, Nov. 30, 2016]