Current through Register Vol. 41, No. 3, September 23, 2024
A. The purpose of the Kinship Guardianship
Assistance Program is to facilitate placements with relatives and ensure
permanency for children for whom adoption or reunification are not appropriate
permanency options.
B. A child is
eligible for the Kinship Guardianship Assistance Program if:
1. The child has been removed from the
child's home pursuant to 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;
2. The child
was eligible for foster care maintenance payments under
42 USC §
672 or under state law while residing for at
least six consecutive months in the home of the prospective kinship
guardian;
3. Reunification or
adoption are not appropriate permanency options for the child;
4. The child demonstrates a strong attachment
to the prospective kinship guardian, and the prospective kinship guardian has a
strong commitment to caring permanently for the child; and
5. The child has been consulted regarding the
kinship guardianship if the child is 14 years of age or older.
C. If a child does not meet the
eligibility criteria set forth in subsection B of this section but has a
sibling who meets such criteria, the child may be placed in the same kinship
guardianship with the child's eligible sibling in accordance with
42 USC §
671(a)(31) if the local
department and kinship guardian agree that such placement is appropriate. In
such cases, kinship guardianship may be paid on behalf of each sibling so
placed.
D. Kinship Guardianship
Assistance payments may not exceed the foster care maintenance payment, either
IV-E or state funded, which would have been paid on behalf of the child if the
child had remained in a foster home. Once the Kinship Guardianship Assistance
Agreement becomes effective in accordance with subsection H of this section,
foster care payments will cease and kinship guardianship assistance payments
will begin. Kinship Guardianship Assistance payments include the following,
where appropriate:
1. Title IV-E maintenance
payments if the child meets federal eligibility requirements.
2. State-funded maintenance payments when the
local department determines that the child does not meet the requirements in
§ 473 of Title IV-E of the Social Security Act (42 USC §
673) .
3. Nonrecurring expense payments associated
with the costs of obtaining legal custody of the child when a Kinship
Guardianship Assistance Agreement is completed prior to legal custody transfer
to the kinship guardian. Claims for nonrecurring expense payments must be filed
within two years of the date that legal custody transferred to the kinship
guardian.
E. The local
department shall inform the prospective kinship guardian whether the child is
eligible for Medicaid in relation to the Kinship Guardianship Assistance
Agreement. For the child who meets the requirements in § 473 of Title IV-E
of the Social Security Act (42 USC §
673) , Medicaid shall be included in the
Kinship Guardianship Assistance Agreement.
F. Additional criteria for the payments and
services specified in subsection D of this section are as follows:
1. A maintenance payment, whether under Title
IV-E or state funded, shall be approved for a child who is eligible for Kinship
Guardianship Assistance payment unless the kinship guardian indicates, or it is
determined through negotiation, that the payment is not needed.
a. The amount of all payments shall be
negotiated by a representative of the department with the kinship guardian,
taking into consideration the needs of the child and circumstances of the
kinship guardian.
b. The amount of
maintenance payments made shall not exceed the foster care maintenance payment
that would have been paid during the period if the child had remained in a
foster family home.
c. The
maintenance payments shall not be reduced below the amount specified in the
Kinship Guardianship Assistance Agreement without the concurrence of the
kinship guardian or a statewide reduction in maintenance rates.
d. The maintenance payment specified in the
Kinship Guardianship Assistance Agreement may only be increased if the child is
already receiving the maximum amount allowed and (i) the child reaches an age
at which the foster care maintenance rate would increase or (ii) statewide
increases are approved for foster care maintenance rates.
e. The kinship guardian shall be required
under the Kinship Guardianship Assistance Agreement to keep the local
department informed of the circumstances that would make them ineligible for a
maintenance payment or eligible for a different amount of maintenance payment
than that specified in the Kinship Guardianship Assistance Agreement.
2. Children who are living with a
kinship guardian participating in the Kinship Guardianship Assistance Program
are eligible for foster care services under § 63.2-905 of the Code of
Virginia, including a full range of casework, treatment, and community
services. The kinship guardian may request services through the family
assessment and planning team (FAPT) in accordance with state and local policies
and procedures.
3. The kinship
guardian shall be reimbursed, upon request, for the nonrecurring expenses of
obtaining legal custody of the child. The total amount of reimbursement shall
be based on actual costs and shall not exceed the amount established by federal
law. Claims for nonrecurring expense payments must be filed within two years of
the date that legal custody transferred to the kinship guardian.
4. When the kinship guardian declines a
specific payment or agrees to a reduced payment amount and the kinship
guardian's family circumstances or the child's needs change, the kinship
guardian may request a change to the agreement, and an addendum to the Kinship
Guardianship Assistance Agreement may be negotiated. The requirements for
addendums to an existing Kinship Guardianship Assistance Agreement are in
subsection K of this section.
G. All Kinship Guardianship Assistance
payments and agreements shall be negotiated with the kinship guardian by a
representative of the department, taking into consideration the needs of the
child, the circumstances of the family, and the limitations specified in
subsections B, C, D, and E of this section. Documentation supporting the
requests for payments shall be provided by the kinship guardian and shall be
considered in the negotiation of the Kinship Guardianship Assistance Agreement.
Income shall not be the sole factor in considering the family's circumstances
during the negotiations. Available family and community resources shall be
explored as an alternative or supplement to the Kinship Guardianship Assistance
payment.
H. A Kinship Guardianship
Assistance Agreement shall be entered into by the local board and the kinship
guardian for a child who has been determined eligible for Kinship Guardianship
Assistance payments. Local departments shall use the Kinship Guardianship
Assistance Agreement form provided by the department.
I. The Kinship Guardianship Assistance
Agreement shall:
1. Be signed prior to legal
custody transfer of the child to the kinship guardian;
2. Specify the payment types and monthly
amounts to be provided;
3. Become
effective on the date that the judge signs the court order transferring legal
custody of the child to the kinship guardian; and
4. Absent modification or revocation of the
kinship guardianship, remain in effect and governed by the laws of the
Commonwealth of Virginia regardless of the state to which the kinship guardian
may relocate.
J. The
kinship guardian shall:
1. Annually submit a
signed kinship guardianship assistance affidavit to the local department by the
date the Kinship Guardianship Assistance Agreement was effective; and
2. Report changes in circumstances to the
local department as outlined in the Kinship Guardianship Assistance
Agreement.
K. Kinship
Guardianship Assistance Agreements may be modified beyond the original
provisions of the agreement to the extent provided by law when the local
department and the kinship guardian agree in writing to new or renewed
provisions in an addendum signed and dated by the local department and the
kinship guardian. The local departments shall use the addendum form provided by
the department and the changes to the agreement shall be negotiated by a
representative of the department.
L. The Kinship Guardianship Assistance
Agreement and any amendments may name an appropriate person to act as a
successor legal guardian to provide care and guardianship in the event of death
or incapacitation of the relative guardian. The successor guardian must be
named in the agreement or addendum prior to the kinship guardian's death or
incapacitation. The successor guardian does not need to be a relative or
licensed as a foster parent to receive the Kinship Guardianship Assistance
payment. Before the successor guardian may receive the Kinship Guardianship
Assistance payments, the following requirements shall be met:
1. A new amendment to the Kinship
Guardianship Assistance Agreement will need to be completed, outlining the
terms of the kinship guardianship assistance and responsibilities of the
successor guardian. The amendment to the Kinship Guardianship Assistance
Agreement must specify that the agency will pay the total cost of nonrecurring
expenses associated with obtaining legal guardianship of the child to the
extent that the total cost does not exceed the amount authorized by federal
law;
2. The successor guardian must
complete a fingerprint based criminal background check and a central registry
check of the successor guardian and all other adults living in the successor
guardian's home; and
3. The
successor guardian must obtain legal custody of the child.
M. The local department is responsible for
the following:
1. Maintaining payments
identified in the Kinship Guardianship Assistance Agreement and any addendum in
effect, regardless of where the family resides;
2. Notifying kinship guardians who are
receiving Kinship Guardianship Assistance payments that the annual affidavit is
due;
3. Assisting the kinship
guardian in coordinating services to meet the child's needs upon
request;
4. Managing requests for
changes in Kinship Guardianship Assistance payments and foster care services
from the kinship guardian; and
5.
Notifying the kinship guardians of a suspension or termination in payments or
foster care services.
N.
The Kinship Guardianship Assistance Agreement shall be terminated when the
child reaches the age of 18 years, unless:
1.
The child has a physical or mental disability that was present at the time of
the custody transfer or a physical or mental disability that is related to a
hereditary tendency, congenital problem, or birth injury and the local
department determines the child requires ongoing treatment and intervention.
The Kinship Guardianship Assistance payment may be continued by amending the
original Kinship Guardianship Assistance Agreement or completing an addendum.
The terms of the agreement or addendum may be for any period after the child's
18th birthday up to the child's 21st birthday; or
2. The child was subject to a Kinship
Guardianship Assistance Agreement that became effective after the child reached
the age of 16 years. In addition, the child shall meet at least one of the
following participation criteria:
a.
Completing secondary education or an equivalent credential;
b. Enrolled in an institution that provides
post-secondary or vocational education;
c. Participating in a program or activity
designed to promote employment or remove barriers to employment;
d. Employed at least 80 hours per month;
or
e. Is incapable of doing any of
the activities described in subdivisions a through d of this subsection due to
a medical condition, which incapability is supported by regularly updated
information in the program participant's case record.
O. The Kinship Guardianship
Assistance Agreement shall not be terminated before the child's 18th birthday
without the consent of the kinship guardian unless:
1. The kinship guardian adopts the child
subsequent to the Kinship Guardianship Assistance Agreement and transfer of
legal custody. The kinship guardian and a representative of the department
shall negotiate adoption assistance payments independently from any negotiated
terms of the Kinship Guardianship Assistance Agreement.
2. The kinship guardian requests in writing
that the agreement ends.
3. The
kinship guardian fails to comply with the annual review process.
4. The kinship guardian is no longer legally
responsible for the care of the child.
5. The kinship guardian is not providing any
financial support for the child.
6.
The kinship guardian dies or becomes incapacitated. If a successor legal
guardian is named in the Kinship Guardianship Assistance Agreement or
amendments prior to the kinship guardian's death or incapacitation, then
Kinship Guardianship Assistance payments may continue to the successor legal
guardian under the requirements outlined in subsection L of this
section.
7. The kinship guardian
and the local department agree in writing to terminate the agreement.
P. Local boards of social services
are responsible for informing kinship guardians in writing of their right to
appeal decisions relating to the child's eligibility for the Kinship
Guardianship Assistance Program and decisions relating to payments within 30
days of receiving written notice of such decisions. In accordance with §
63.2-915 of the Code of Virginia, applicants for and recipients of the Kinship
Guardianship Assistance Program shall have the right to appeal these decisions
by a local board or licensed child-placing agency in granting, denying,
changing, or discontinuing Kinship Guardianship Assistance payments.
Statutory Authority: §§ 63.2-217 and 63.2-319 of
the Code of Virginia.
