Current through Register Vol. 48, No. 12, March 22, 2024
a) General Provisions
1) Funding Source
Subsidized guardianship is a program for which the Department
has received waivers from the federal Department of Health and Human Services
(DHHS) under section 1130 of the Social Security Act to operate a child welfare
demonstration project. The program offers a subsidized private guardianship
arrangement for children for whom the permanency goals of return home and
adoption have been ruled out. Guardianship is governed by the Illinois Probate
Act [755 ILCS 5 ] and the Illinois Juvenile Court Act [705 ILCS 405 ]. A
relative caregiver or licensed foster parent caring for a child determined to
be eligible for the subsidized guardianship program shall be made aware of the
availability of subsidized guardianship and the types of assistance available.
The subsidized guardianship agreement must be signed prior to the transfer of
guardianship.
2) Continued
Eligibility of Children
If guardianship is dissolved because of the death or
incapacitation of the guardian or voluntary relinquishment, a child who
previously received a subsidy continues to be eligible for the subsidized
guardianship program. The child's financial circumstances may be treated as if
the financial circumstances are the same as the first time guardianship was
transferred.
b)
Subsidized Guardianship Agreement
The type, amount and duration of subsidized guardianship
shall be agreed to in writing by the Department and the subsidized guardian
prior to the transfer of guardianship, and shall be set forth in the subsidized
guardianship agreement, which shall be binding on the parties to the agreement.
The agreement shall also stipulate that the agreement shall remain in effect
regardless of the state where the subsidized guardian resides currently or in
the future and shall contain provisions for the protection of the interests of
the child in cases in which the subsidized guardian and child move to another
state while the agreement is in effect. The amounts of ongoing subsidized
guardianship payments are subject to change based on changes in State or
federal law regarding adoption assistance payments. Subsidized guardians may
refuse any or all payments offered by the Department. The child for whom
guardianship is transferred and for whom the guardian is receiving a subsidy
shall receive only those services and/or payments specified in the subsidized
guardianship agreement.
c)
Eligibility Criteria
1) For a child to
qualify for subsidized guardianship, the following criteria must be met:
A) the child is not a member of the control
group; and
B) the child has been in
the custody of the State for one year or more immediately prior to establishing
subsidized guardianship and is likely to remain in care, and the parent has
consented to the subsidized guardianship arrangement or the Department has good
cause to seek a private guardian without consent and will give notice to the
parent of the guardianship hearing; and
C) the child has a strong attachment to the
potential guardian and the guardian has a strong commitment to the child;
and
D) the permanency goals of
return home and adoption have been ruled out for this child and documented in
the case record.
2) In
addition to the requirements of subsection (c)(1), in order for a child to
qualify for subsidized guardianship, at least one of the following criteria
must be met:
A) the child has lived with a
relative for at least one year immediately prior to establishing subsidized
guardianship; or
B) the child is 12
years of age or older and has lived with a non-relative for at least one year
immediately prior to establishing subsidized guardianship; or
C) the child is a member of a sibling group
for whom guardianship will be transferred together, of which at least one child
has resided with the prospective subsidized guardian for at least one year and
meets all subsidized guardianship criteria; or
D) the guardianship of the child will be
transferred to a prospective guardian who has previously taken subsidized
guardianship of another child born of the same mother or father; or
E) the child is under 12 years of age, is
living with a non-relative, and has no older sibling for whom subsidized
guardianship is being considered but is eligible due to the fact that:
i) subsidized guardianship has been
determined to be in the child's best interests; and
ii) the basis for the decision is documented
and approved by the Department Guardianship Administrator or designee;
or
F) the child was
previously in subsidized guardianship, but the guardian has died or the
guardianship was voluntarily relinquished; or
G) the child was previously in subsidized
guardianship, but due to the mental or physical incapacity of the guardian, the
guardian can no longer discharge the responsibilities necessary to protect and
care for the child, and guardianship was or will be vacated; or
H) the child who had been adopted who was
eligible for subsidized guardianship prior to the adoption, continues to be
eligible for subsidized guardianship in the event his or her adoptive parent is
unable to care for him or her due to the death or total mental or physical
incapacity of the adoptive parent.
d) Determination Whether Subsidized
Guardianship is in the Best Interests of the Child
1) Prior to approving a subsidized
guardianship arrangement for a child, the Department shall determine whether
subsidized guardianship is in the best interests of the child. In making this
determination, the Department shall consider all relevant factors including but
not limited to:
A) the wishes of the child's
prospective subsidized guardian;
B)
the wishes of the child under the age of 14 or the consent of the child, if
over age 14;
C) the interaction and
interrelationship of the child with the prospective subsidized
guardian;
D) the child's adjustment
to the present home, school, and community;
E) the child's need for stability and
continuity or relationship with the prospective subsidized guardian;
and
F) the mental and physical
health of all individuals involved.
2) The Department shall ensure that the
subsidized guardianship arrangement is a safe and suitable placement by means
of a safety check, which shall include a CANTS/SACWIS and LEADS
check.
e) Types of
Assistance
The types of assistance that a family may apply for
include:
1) Non-recurring Expenses
Payment for non-recurring expenses for reasonable and
necessary miscellaneous costs, and legal fees related to subsidy review, that
are directly related to the transfer of guardianship, subject to the maximum
set by the Department of $500 per child.
2) Ongoing Monthly Payments
A) An ongoing monthly payment to be
determined through the discussion and negotiation process between the
prospective guardian and the Department based on the needs of the child and the
circumstances of the family. This payment should combine with the guardian's
resources to cover the ordinary and special needs of the child. This payment
shall not exceed the amount the child receives in his or her current foster
family home upon transfer of guardianship unless the child is in an unlicensed
relative placement. In such a case, upon transfer of guardianship the guardian
may receive up to the applicable licensed foster family home rate. The ongoing
monthly payment shall only be issued to one custodial caregiver identified as
payee in the assistance agreement, and this person shall be the designated
authority for the purpose of service provision. In the event that
there is a change in the custodial status of the child, the Department shall be
notified. If a change in payee is necessary, notification shall be sent to the
Department in writing with the supporting legal documentation attached. A
non-custodial parent may request notice of periodic reviews or subsequent
amendments to the assistance agreement regarding their children. The ongoing
monthly payment may be adjusted for any benefits the child will continue to
receive, such as Social Security, Veteran's benefits, railroad retirement or
black lung benefits. Supplemental Security Income (SSI) benefits shall not be
considered in determining the ongoing monthly payment amount. When the child is
SSI-eligible following the transfer of guardianship, the guardian shall tell
the Social Security Administration the amount of the ongoing monthly payment
that they are receiving. The Social Security Administration may reduce the SSI
payment dollar for dollar as the receipt of SSI is based on income.
B) Although eligibility for a subsidy under
the subsidized guardianship program shall be determined regardless of the
financial circumstances of the prospective subsidized guardian, the types and
amounts of assistance under each subsidized guardianship agreement shall be
determined by the Department in the same manner as described for adoption
assistance in Section
302.310(c)
of this Part.
3) A
Medicaid card.
4) Needs Not Payable
Through Other Sources
A) Physical, emotional
and mental health needs not payable through insurance or public resources
(e.g., other State or community funded programs) that are associated with, or
result from, a condition whose onset has been established as occurring prior to
the transfer of guardianship. Payment shall not be made until the Department
has been notified in writing that such services will begin and has approved the
requested services, and a contract (when applicable) has been executed. The
Department's reimbursement shall be limited to what is usual, customary, and
reasonable based on Medicaid-eligible service rates in the community as
determined by the Department.
B)
The Department will not pay for physical, emotional, medical, mental health or
psychological services or treatment for a pre-existing condition or risk
factors unless the pre-existing condition, service or risk factor is included
in the subsidized guardianship agreement.
5) Therapeutic Day Care
Therapeutic day care is available only for children who are
determined to have a disability that requires special educational services
through an Individualized Education Plan (IEP), an Individual Family Service
Plan (IFSP), or a 504 Educational Special Needs Plan and is not fundable
through another source. Specific therapeutic interventions must be provided as
an integral part of the day care programming. Payment for therapeutic day care
shall not be made until the Department has been notified in writing that such
services will begin and has approved the requested services, and a contract has
been executed (when applicable).
6) Employment Related Day Care
Payment may be made for day care for children under the age
of three years if the guardian is employed or in a training program that will
lead to employment. Payment for day care services shall end on the child's
third birthday. This day care payment cannot be used in addition to therapeutic
day care.
7) Respite Care
for Medically Fragile/Technology Dependent Children
A) The Department may make payment for care
for children who have a pre-existing condition that meets the medical
eligibility guidelines used by the Department of Healthcare and Family Services
(HFS) for the Home and Community Based Services (HCBS) Waiver program for
Children who are Medically Fragile/Technology Dependent. The payment shall not
exceed 10 days per State fiscal year. Unused days from one fiscal year cannot
be carried over to a new State fiscal year or donated to another family. This
program is operated by the Division of Specialized Care for Children (DSCC) for
HFS. DCFS regional nurses shall assist in making this determination of whether
the child meets the eligibility criteria for the waiver program.
B) Respite care shall be provided by an
authorized provider licensed by the Department of Public Health as a children's
respite care center under the Alternative Health Care Delivery Act [210 ILCS 3
]. The provider must accept the Medicaid nursing hourly rate as the payment
rate for the respite care. DCFS shall select and contract directly with the
authorized provider to pay for this service. The subsidized guardians must not
already be receiving respite care from another source.
i) For existing subsidized guardianship
cases, if the subsidized guardian agrees to apply, the guardian should apply
for the HCBS waiver program. As part of this application process, medical
eligibility and cost neutrality calculations shall be determined. If determined
eligible and the subsidized guardian agrees to accept HCBS waiver program
services, then the respite care shall be provided through that program (if
respite care is available as part of the service package resulting from these
determinations and there is available capacity in the waiver
program).
ii) For new subsidized
guardianship cases, the subsidized guardian must apply for the HCBS waiver
program. As part of this application process, medical eligibility and cost
neutrality calculations shall be determined. If determined eligible, the
subsidized guardian must agree to accept HCBS waiver program services, and the
respite care shall be provided through that program (if respite care is
available as part of the service package resulting from these determinations
and there is available capacity in the waiver program).
8) College Scholarships
Children who are receiving subsidized guardianship assistance
may also apply for a 4-year college scholarship awarded by the Department to
high school or high school equivalent graduates.
9) Guardianship Incentive (Independent
Facilitation Grants)
The Department will pay an incentive payment for children who
are 14 to 18 years of age when guardianship with subsidized guardianship was
awarded during the time period of March 15, 2001 through January 31, 2003. The
Department will provide a payment of $3000 to be awarded to a child placed in
subsidized guardianship under the following circumstances in the manner
described:
A) In order to assist youth
who have been receiving subsidized guardianship to make the transition to
adulthood, the Department will provide a payment of $3000 directly to the youth
upon termination of his or her subsidized guardianship subsidy.
B) The payment is intended to assist the
child's transition to adulthood by helping pay for education, housing, or other
forms of vocational training or employment assistance.
C) In order to be eligible for this payment,
the child:
i) must have been the legal
responsibility of the Department prior to the subsidized guardianship;
and
ii) must have been 14 to 18
years of age when the guardianship was awarded to the private guardian during
the time period of March 15, 2001 through January 31, 2003.
D) Children in subsidized
guardianship within this time period who do not have their private guardianship
finalized by January 31, 2003 will not be eligible for this grant
award.
E) The payment will be
awarded directly to the child.
10) Enhanced Subsidized Guardianship and
Adoption Assistance
The Enhanced Subsidized Guardianship and Adoption Program
(ESGAP) provides transition services to youth who are 14 years old or older
when adopted or when guardianship is transferred. It is a Title IV-E waiver
program that is federally funded. Federal regulations limit the Title IV-E
waiver services a child can receive to those offered by the waiver program to
which he or she is assigned. Children are randomly assigned to a single Title
IV-E waiver program per mandatory federal guidelines for the program.
A) ESGAP provides the following services to
youth as they transition to adulthood:
i)
Youth in College/Vocational Training;
ii) Employment Incentive Program;
iii) Life Skills Training;
iv) Housing Cash Assistance; and
v) Education and Training Vouchers.
B) To be eligible for ESGAP, the
youth must meet the following criteria:
i) Is
14 years of age or older and not yet 18 years of age when moving to adoption or
guardianship; is assigned to the subsidized guardianship demonstration group;
and is eligible for adoption assistance or subsidized guardianship;
or
ii) Is a younger sibling of an
eligible youth and is moving to permanency in the same home and at the same
time as the eligible youth.
C) Documentation from the caseworker that the
child is eligible for ESGAP must be included in the subsidy packet prior to the
finalization of the adoption or transfer of guardianship.
f) Responsibilities of the
Subsidized Guardian
Subsidized guardians are responsible for the
following:
1) ensuring that parents
have the opportunity to visit their children in accordance with the
provisions/orders of the court; and
2) notifying the Department no later than 30
days after any one of the following occurrences:
A) The child is no longer the legal
responsibility of the guardian.
B)
The guardian no longer financially supports the child.
C) The child graduates from high school or
equivalent.
D) There is a change of
residential address or mailing address of the guardian or the child.
E) The child dies.
F) The child becomes an emancipated
minor.
G) The child
marries.
H) The child enlists in
the military.
I) The mental or
physical incapacity of the guardian prevents the guardian from discharging the
responsibilities necessary to protect and care for the child.
J) The custodial status of the child
changes.
K) The guardianship is
vacated.
g)
Department Responsibilities
1) The Department
shall ensure that members of sibling groups are placed together, unless there
is an explicit determination that they should not be placed together for the
reasons described in 89 Ill. Adm. Code 301 (Placement and Visitation
Services).
2) The Department shall
offer short-term support services for foster care and relative home providers
prior to and during subsidized guardianship. Services will include preliminary
screening, assessment, assistance in applying for subsidized guardianship, and
payment of one time only court costs and legal fees, if required.
3) The Department shall ensure that an
orientation is provided to the family to ensure that all family members
understand the benefits and responsibilities of all the participants in the
subsidized guardianship arrangement.
4) The Department shall ensure that each
guardian has access to a caseworker that will respond to requests for
information and assistance.
5) The
Department shall ensure that all guardians are aware of their right to appeal
service decisions with which they may disagree under 89 Ill. Adm. Code 337
(Service Appeal Process).
6) The
Department shall accept custody of the child in accordance with the Abused and
Neglect Child Reporting Act [325 ILCS 5 ] if the guardian does not care for him
or her to the extent the child's health or well-being is endangered.
h) Periodic Reviews
Periodic reviews are annual recertifications that are
required for children in guardianship homes to maintain their eligibility for
the Title XIX Medicaid Program. The Department shall conduct periodic reviews
to confirm that the child remains eligible for a Medicaid card. The guardian
and, when applicable, parents, including non-custodial parents when the
Department has been provided with the correct mailing address, will receive
written notice of the review. The guardian is required to participate and
cooperate with the review.
i) Termination of Payments
Payments for Subsidized Guardianship Assistance shall
terminate when the Department has determined that any one of the following has
occurred:
1) When the terms of the
subsidized guardianship agreement are fulfilled.
2) The guardian has requested that the
payment permanently stop.
3) The
guardian is no longer financially supporting the child.
4) The child becomes an emancipated
minor.
5) The child
marries.
6) The child enlists in
the military.
7) The child reaches
age 18; a child 18 years of age graduates from high school or equivalent or
reaches age 19, whichever occurs first; or a child who has a physical, mental
or emotional disability that was documented prior to the
18th birthday reaches age 21.
8) The guardian dies.
9) The guardianship is vacated.
10) The child dies.
j) Title IV-E Waiver
The Department has a Title IV-E demonstration waiver from the
Department of Health and Human Services to operate a subsidized legal
guardianship program. The Title IV-E terms and conditions allow reinstatement
of the child's IV-E eligibility status that was in place prior to the
establishment of the guardianship in situations where the guardianship
disrupts. Therefore, if a guardianship disrupts and the child returns to foster
care or is going to be adopted, the State would apply the eligibility criteria
in section 473 of the Social Security Act for the child as if the legal
guardianship had never occurred.
k) Appeal of Department Decisions
A guardian has a right to file a service appeal in accordance
with 89 Ill. Adm. Code 337 (Service Appeal Process) when:
1) The guardian disagrees with the
Department's determination that a child is ineligible for subsidized
guardianship assistance;
2)
Subsidized guardianship assistance or a specific subsidized guardianship
assistance component was denied;
3)
The Department denies the guardian's request to modify the subsidized
guardianship assistance agreement; or
4) When a subsidized guardianship assistance
agreement has been amended, suspended or terminated without the concurrence of
the guardian.
l)
Demonstration Group
Although participation in the subsidized guardianship program
is statewide, for purposes of meeting the cost neutrality, federal funding, and
evaluation requirements of the federal waiver demonstrations, clients will be
randomly assigned in three geographical areas of the State to a demonstration
group or a cost neutrality group. The demonstration group will be subject to
the waiver provisions of the demonstration, and the cost neutrality group will
be subject to the regular treatment services according to the Department's
rules and procedures.
The three areas are:
1) Cook Central Region.
2) East St. Louis sub-region serving the
following counties:
A) Madison;
B) St. Clair;
C) Bond;
D) Clinton;
E) Washington;
F) Monroe; and
G) Randolph.
3) Peoria sub-region serving the following
counties:
A) Fulton;
B) Henderson;
C) Knox;
D) Warren;
E) Henry;
F) LaSalle;
G) McDonough;
H) Mercer;
I) Rock Island;
J) Tazewell;
K) Peoria;
L) Bureau:
M) Marshall;
N) Putnam;
O) Woodford; and
P) Stark.