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as an individual living in a foster family home who was "placed
[there] by" an agency of a State or political subdivision
thereof. Since ElderPlace, not an agency of a State or political
subdivision thereof, "placed" its enrollees with petitioners, the
enrollees are not qualified foster individuals, argues
respondent. Respondent concludes that the ElderPlace payments to
petitioners do not meet the stated requirements.
Qualified Foster Individual
The amounts in question can be qualified foster care
payments only if they were paid to petitioners as foster care
providers for qualified foster individuals. Sec.
131(b)(1)(B)(i); see supra note 5. Therefore, the focus of our
analysis will be to decide whether ElderPlace enrollees in
petitioners' home were qualified foster individuals.
To be a qualified foster individual, an individual in a
foster home who has attained age 19 must have been "placed by" an
agency of a State or political subdivision thereof. Sec.
131(b)(2)(A). If ElderPlace enrollees were not "placed by" an
agency of a State or political subdivision thereof into
petitioners' foster home, they are not qualified foster
individuals.
"Placed by" a State Agency
Petitioners deny that ElderPlace enrollees were "placed by"
ElderPlace in their care. According to petitioners, none of the
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