Current through September 2, 2024
In addition to Section 702 of these rules, the following requirements and benefits are applicable to a federally-funded guardianship assistance for an eligible child and a relative guardian.
01.
Eligibility. A child is eligible for a federally-funded guardianship if the Department determines the child meets the following:
a. Is fourteen (14) years of age, or older, sometime during the consecutive six-(6) month residence with the prospective relative legal guardian as specified in Subsection 703.01.c. of this rule;
b. Has been removed from their home under a voluntary placement agreement, or as a result of a judicial determination that continuation in the home would be contrary to the welfare of the child;
c. Being returned home or adopted are not appropriate permanency options for the child;
d. Has been eligible for Title IV-E foster care maintenance payments during at least six (6) consecutive months during which the child resided in the home of the prospective relative legal guardian who was licensed or approved as meeting the licensure requirements as a foster family home. While it is not required that Title IV-E foster care maintenance payments have been paid on behalf of the child during the six-month timeframe, it is required the child meet all Title IV-E foster care maintenance payment eligibility criteria in the home of the fully licensed or approved relative foster parent for a consecutive six-(6) month period to be eligible for Title IV-E guardianship assistance payment with that prospective relative legal guardian;
e. Has been consulted regarding the legal guardianship arrangement; and
f. Has demonstrated a strong attachment to the prospective relative legal guardian, and the relative legal guardian has a strong commitment to caring permanently for the child.
g. When a successor legal guardian has been named in the child's most recent Title IV-E Relative Guardianship Assistance Agreement, the child remains eligible for guardianship assistance benefits upon the death or incapacitation of the relative legal guardian with any cash assistance paid to the successor legal guardian.
02.
Siblings of an Eligible Child.
a. The Department may make guardianship assistance payments in accordance with a guardianship assistance agreement on behalf of each sibling of an eligible child, under the age of twenty-one (21), who is placed with the same relative under the same legal guardianship arrangement if the Department and the relative legal guardian agree that the placement is appropriate.
b. Nonrecurring expenses associated with obtaining legal guardianship of the eligible child's siblings are available to the extent the total cost does not exceed two thousand dollars ($2,000).
c. The agency is not required to place siblings with the relative legal guardian of the child at the same time with the eligible child for the siblings to qualify for a cash payment.
d. A sibling of the eligible child does not have to meet the eligibility criteria for the relative legal guardian to receive a guardianship assistance payment or for the relative legal guardian to receive nonrecurring expenses.
03.
Medicaid. A child who is eligible for federally-funded relative guardianship assistance is eligible for Title XIX Medicaid in the state where the child resides.
04.
Case Plan Requirements. A child who is eligible for federally-funded relative guardianship assistance must have a case plan that includes:
a. How the child meets the eligibility requirements;
b. Steps the agency has taken to determine that return to the home or adoption is not appropriate;
c. The efforts the agency has made to discuss adoption with the child's relative foster parent and the reason why adoption is not an option;
d. The efforts the agency has made to discuss the legal guardianship and the guardianship assistance with the child's parent or parents, or the reason the efforts were not made;
e. The reason why a permanent placement with a prospective relative legal guardian and receipt of a guardianship assistance payment is in the child's best interests; and
f. If the child is not placed with siblings, a statement as to why the child is separated from their siblings.
05.
Criminal History and Background Checks. To be eligible for a federally-funded guardianship assistance payment, all prospective legal guardians and other adult members of the household must receive a criminal history and background check clearance, according to the provisions in IDAPA 16.05.06, "Criminal History and Background Checks." As a licensed foster parent, if the prospective relative legal guardian has already received a clearance, another check is not necessary.
06.
Nonrecurring Expenses. The Department will reimburse the cost, up to two thousand dollars ($2,000), of nonrecurring expenses associated with obtaining a federally-funded legal guardianship for an eligible child.
Effective March 15, 2022
