Current through Register Vol. 48, No. 38, September 20, 2024
a) General Provisions
1) The subsidized guardianship program
(KinGAP) implements provisions of
42 USC
673 that allow the State to enter into
guardianship agreements to provide assistance payments to grandparents and
other relatives who have assumed the legal guardianship of children for whom
they have cared as a licensed foster parent and for whom they have committed to
care on a permanent basis. 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 licensed
relative 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) The State funded
option of subsidized guardianship provides subsidized guardianship for children
for whom the Department has placement and care responsibility and who meet the
special needs criteria as defined in Section
302.310(b)(2),
but are not eligible for Title IV-E KinGAP, as well as for children who age out
of eligibility for Title IV-E KinGAP and continue in school up to the earliest
of their 19th birthday or graduation from high
school, or age 21 when the child meets specific requirements outlined in
subsections (f)(2), (i)(7) and (i)(8).
b) The Subsidized Guardianship Agreement
1) General Provisions
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.
It shall be stipulated 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. The child may require services in the future that are not currently
being provided for pre-existing physical, emotional or mental health needs or
risk factors. Any pre-existing conditions must be described in the subsidized
guardianship agreement to be eligible for assistance through the Subsidized
Guardianship Program at a future date. Assistance cannot be granted for
pre-existing conditions if the conditions are not listed in the subsidized
guardianship agreement in accordance with subsection (e)(4) or cannot be
documented, as a pre-existing condition that was unknown at the time of the
agreement, by a medical provider. The subsidized guardianship agreement must be
signed, and a copy of the signed agreement must be provided to the prospective
guardian, prior to the transfer of guardianship.
2) Successor of Guardianship
The subsidized guardianship agreement may not be transferred
by the guardians to any other party. However, in the event of the death or
incapacity of the guardians, the child remains eligible for assistance if the
guardians have designated a successor guardians in the agreement (or any
amendment to the agreement). Upon assuming care of the child, the successor
guardians shall contact the Department to inform the Department of changes in
the child's living situation, to request a home study and background checks,
and to initiate the application process for a subsidy.
c) Eligibility Criteria
1) Eligibility for Subsidized Guardianship
under KinGAP
A) For a child to qualify for
subsidized guardianship under KinGAP, the following criteria must be met:
i) the child must have been removed from his
or her home pursuant to a voluntary placement agreement or as a result of a
judicial determination to the effect that continuation in the home would be
contrary to the welfare and the best interest of the child; and
ii) the child must be eligible for foster
care maintenance payments while residing for at least 6 consecutive months in
the home of a licensed prospective relative guardian immediately prior to the
establishment of the guardianship; and
iii) the prospective relative guardian must
have been a licensed foster parent for at least the consecutive 6 month period
that the child has been in his/her home immediately prior to the establishment
of the guardianship; and
iv) return
home or adoption are not appropriate permanency options for the child; and
v) the child demonstrates a strong
attachment to the prospective relative guardian and the relative guardian has a
strong commitment to caring permanently for the child; and
vi) a child who has attained 14 years of age
has been consulted and the child has agreed to the guardianship
arrangement.
B) A
sibling of an eligible child who is placed with the same relative as the
eligible child under a kinship guardianship agreement, when DCFS and the
relative guardian agree that the placement is appropriate, also qualifies for
subsidized guardianship under KinGAP.
2) Eligibility for the State Funded Option of
Subsidized Guardianship
A) For a child to
qualify for the State Funded Option of Subsidized Guardianship, the following
criteria must be met:
i) the child does not
qualify for subsidized guardianship under KinGap;
ii) the child is 12 years of age or older;
and
iii) the child has lived with
an unlicensed relative caregiver or licensed non-relative for at least the 6
consecutive month period prior to the establishment of the guardianship and
meets the following:
* the child was removed from his or her home pursuant to a
voluntary placement agreement or as a result of a judicial determination to the
effect that continuation in the home would be contrary to the welfare and best
interest of the child; and
* the child was eligible for foster care maintenance payments
while residing for at least 6 consecutive months in the unlicensed home of
relative or licensed non-relative home immediately prior to establishing
guardianship; and
* the prospective non-relative guardian has been a licensed
foster parent for at least the consecutive 6 month period immediately prior to
the establishment of the guardianship; and
* return home or adoption are not appropriate permanency
options for the child; and
* the child demonstrates a strong attachment to the
prospective guardian and the prospective guardian has a strong commitment to
caring permanently for the child; and
* the child has been consulted and has agreed to the
guardianship arrangement.
B) A younger sibling of a child eligible for
the State funded option of subsidized guardianship who is placed with the same
unlicensed relative or licensed non-relative as the eligible child, when DCFS
and the unlicensed relative or licensed non-relative guardian agree that the
placement is appropriate, also qualifies for the State funded option of
subsidized guardianship.
d) Determination Whether Subsidized
Guardianship under KinGap 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 and the guardian's demonstrated ability
to provide care that meets the special needs of the child, if any;
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
between the child and 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 of 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 safe and suitable placement by means of
a safety checks, which shall include a CANTS/SACWIS and LEADS check in
accordance with 89 Ill. Adm. Code 385 (Background Checks).
e) Types of Assistance
A child meeting the eligibility criteria for subsidized
guardianship is entitled to the following types of assistance:
1) Non-recurring Expenses
Payment for non-recurring expenses associated with obtaining
legal guardianship for the child subject to the maximum of up to $2000 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. 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. 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) 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).
3) A Medicaid card.
4) Needs Not Payable through Other Sources
A child meeting the eligibility criteria for subsidized
guardianship entitled to the types of assistance outlined in subsections
(e)(1), (2) and (3) may also apply for the following types of
assistance:
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 the 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 or can be documented by a medical
provider as a pre-existing condition that was unknown at the time of the
agreement.
5)
Therapeutic Day Care
Therapeutic day care is available only for children who are
determined to have a disability that requires special education 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
requested services have been approved, when services will begin, and that a
contract has been executed (when applicable).
6) Employment Related Day Care
Payment for day care for children under the age of 3 years
may be made 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) College
Scholarships and the Education and Training Voucher Program
Children who are receiving subsidized guardianship assistance
may apply for a 4-year college scholarship awarded by the Department on a
competitive basis. A limited number of scholarships are awarded by the
Department each year to high school or high school equivalent graduates. Youth
who enter into subsidized guardianship from foster care after attaining age 16
are eligible to enter the Education and Training Voucher (ETV) Program.
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;
L) the child has completed
his or her secondary education or a program leading to an equivalent
credential, if the guardianship was awarded before July 1, 2017 or the child
was younger than 16 years of age when guardianship was awarded on or after July
1, 2017;
M) on or after July 1,
2017, if the child was 16 years of age or older when guardianship was awarded,
and the child reaches the age of 18, the child:
i) is completing secondary education or a
program leading to an equivalent credential;
ii) is enrolled in an institution that
provides post-secondary education or a vocational program;
iii) is participating in a training program
or activity designed to promote, or remove barriers to, employment;
iv) is employed at least 80 hours per month;
or
v) is incapable of doing any of
the above due to a medical condition.
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 explain in the
child's service plan the following:
A) the
steps that the agency has taken to determine that it is not appropriate for the
child to be returned home or adopted;
B) the reasons for the separation of any and
all siblings during placement;
C)
the reasons why a permanent placement with a fit and willing relative through a
subsidized guardianship assistance arrangement is in the child's best
interests;
D) the ways in which the
child meets the eligibility requirements for a subsidized guardianship
assistance payment;
E) the efforts
the agency has made to discuss adoption with the child's relative foster parent
as a more permanent alternative to legal guardianship and, in the case of a
relative foster parent who has chosen not to pursue adoption, documentation of
the reasons not to pursue; and
F)
the efforts made by the Department to discuss with the child's parent or
parents the subsidized guardianship assistance arrangement, or the reasons why
the efforts were not made.
3) 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.
4) The Department shall ensure that an
orientation is provided to the caregiver's family to ensure that all family
members understand the benefits and responsibilities of all the participants in
the subsidized guardianship arrangement.
5) The Department shall ensure that each
guardian has access to post-guardianship staff who shall respond to requests
for information and assistance.
6)
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) as summarized in subsection (j).
7) The Department shall accept custody of the
child in accordance with the Abused and Neglected Child Reporting Act [325 ILCS
5] if the guardian does not care for the child to the extent the child's health
or well-being is endangered.
h) Periodic Reviews
The Department shall mail an Annual Notification letter to
the guardian, which will facilitate the guardian's communication with the
Department.
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) if the
guardianship was finalized before July 1, 2017, or the child was under the age
of 16 when the guardianship was finalized on or after July 1, 2017:
A) the child reaches age 18;
B) a child 18 years of age graduates from
high school or equivalent or reaches age 19, whichever occurs first;
or
C) a child who has a physical,
mental or emotional disability associated with a condition or risk factor that
existed prior to the finalization of the guardianship and that was documented
prior to the youth's 18th birthday reaches age
21;
8) for children who
were 16 years of age or older when the guardianship was transferred on or after
July 1, 2017, the child reaches age 21. Between the ages of 18 and 21, the
subsidy payments may stop and start based on the child's compliance with, and
the guardian's confirmation of, the requirements listed in this subsection
(i)(8) (failure of the guardian to provide annual written confirmation will
cause the subsidy payment to stop).
A) The
child is completing secondary education or a program leading to an equivalent
credential;
B) The child is
enrolled in an institution that provides post-secondary education or a
vocational program;
C) The child is
participating in a training program or activity designed to promote, or remove
barriers to, employment;
D) The
child is employed at least 80 hours per month; or
E) The child is incapable of doing any of the
above due to a medical condition;
9) the guardian dies;
10) the guardianship is vacated; or
11) the child dies.
j) Appeal of Department Decisions
Guardians may appeal the following Department decisions in
accordance with 89 Ill. Adm. Code 337 (Service Appeal Process):
1) The Department failed to advise the
potential guardian about the availability of a subsidy to children under the
care of the Department;
2) The
potential guardians disagree with the Department's determination that a child
is ineligible for subsidized guardianship;
3) The Department's denial of Title IV-E
subsidized guardianship eligibility to a child for whom it does not have
placement and care responsibility;
4) Inaction on the part of the Department on
a Title IV-E subsidized guardianship eligibility determination
request;
5) Subsidized guardianship
or a specific component of the subsidized guardianship was denied;
6) Relevant facts regarding the child were
known by the Department and were not presented to the guardian prior to the
transfer of guardianship;
7) The
Department denies the guardian's request to modify the subsidized guardianship
agreement; or
8) A subsidized
guardianship agreement has been amended, suspended or terminated without the
concurrence of the guardian.
