WVDHHR Title IV-E Kinship Relative Guardianship … DHHR Division of IV-E Finance Title IV-E Kinship Relative Guardianship Assistance Program Page 3 Title IV-E Kinship Guardianship

WVDHHR

Title IV-E Kinship Relative

Guardianship Assistance Program

ELIGIBILITY MANUAL

2013

WV DHHR Division of IV-E Finance Title IV-E Kinship Relative Guardianship Assistance Program Page 2

Table of Contents

Title IV-E Kinship Guardianship Assistance Program ................................................... 3

Title IV-E Child Eligibility Requirements .......................................................................... 3

Title IV-E Case Plan Requirements ................................................................................... 5

Title IV-E Prospective Kinship Relative Guardian Requirements……………………..6

Kinship Guardianship Assistance Agreement And Payment Requirements ............ 7

Title IV-E Eligibility Requirements Regarding Siblings ................................................. 9

Conversion Of Prior Existing Subsidized Legal Guardianship Arrangements .......10

Option To Extend Title IV-E Kinship Guardianship Payments Beyond Age 18 .......10

Medicaid Eligibility…………………………………………………………………………...11

Title IV-E Requirements Regarding The Effective Date For Implementation ...........11

Fair Hearings…………………………………………………………………………………..11 Title IV-E State Plan Requirements………………………………………………………..12

DRAFT 2-24-13


Title IV-E Kinship Guardianship Assistance Program

Legal guardianship is a judicially created relationship in which the legal responsibility for

a child in state custody is permanently transferred to a relative or person other than his

or her parents. Unless specified otherwise by the Court, a grant of custody of a child to

the Department by the Court is sufficient for the Department to transfer legal

guardianship. Parental rights are not required to be terminated in order for a child to be

in a Legal Guardianship arrangement. Title IV-E of the Social Security Act provides

matching federal funds to meet the costs of care of eligible children placed in a Kinship

Guardianship Assistance Program under the sponsorship of the WV Department of

Health and Human Resources (hereafter referred to as the Department). This is a

federal option that became available as a state option with the enactment of the

Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law

110-351). WV Code 49-2-17 provides for the Department to utilize Legal Guardianship

as a viable permanency option once reunification and adoption have been ruled out.

Legal Guardianship was added to the WV State Code in 1998 as a result of the 1997

Adoption and Safe Families Act. The Department may consent to the transfer of legal

guardianship when certain conditions are met. A child will be determined to be IV-E

eligible when the appropriate and necessary information to support the child’s eligibility

for IV-E is documented in the FACTS system by the case worker and validated by the

Division of IV-E Eligibility Specialist.

TITLE IV-E CHILD ELIGIBILITY REQUIREMENTS:

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 of the child.

Responsibilities of the Division of IV-E Finance Eligibility Specialist:

Division of IV-E Finance Eligibility Specialist will place/ verify supporting documentation in the IV-E file that will include a copy of VPA (voluntary placement agreement) or a copy of signed court order which resulted in the child’s removal from the home.

The Division of IV-E Finance Eligibility Specialist will review removal documentation in FACTS and will seek to resolve any inconsistencies on the


custody screen (VPA tab), court order screen (removal order, verified language), and removal screen (removal order selection).

The child must have been eligible for Title IV-E foster care maintenance payments

for a minimum of six consecutive months during which the child resided in the home of the prospective kinship relative guardian.

While it is not required that IV-E foster care maintenance payments are paid on behalf of the child during the six month timeframe, the home of the kinship relative foster parent who then becomes the prospective kinship relative legal guardian must be fully certified and eligible to receive Title IV-E foster boarding care payments.

OR

A child who is in the custody of the Department, is a sibling of an eligible child and is placed in the same prospective guardian home under the same guardianship assistance agreement


Division of IV-E Finance Eligibility Specialist will place supporting documentation in the IV-E file which must include either a copy of most recent FC determination showing dates of eligibility, or a FACTS screen print(s) of the determination screen displaying 6 rows of determination service months which immediately precede the start date of subsidized legal guardianship.

Division of IV-E Finance Eligibility Specialist will place supporting documentation in the IV-E file which must include a copy of the Client Placement History Report (FSC-0592) with provider ID's.

Division of IV-E Finance Eligibility Specialist will review documentation in FACTS and will seek to resolve any inconsistencies on the determination screen.

The Division of IV-E Finance Eligibility Specialist will review documentation in FACTS and will seek to resolve any inconsistencies on the placement enter-exit screen, placement history response window, subsidized legal guardianship response window, and subsidized legal guardianship screen.

The Department Must Make The Following Non- Judicial Determinations:

Neither return home nor adoption are appropriate permanency options The child demonstrates a strong attachment to the relative who is to be the

prospective guardian The relative who is to be the prospective guardian has a strong commitment to

caring permanently for the child


If the child is age 14 or older, then the child must have been consulted regarding the relative guardianship arrangement. (Note: Fostering Connections requires that children 14 and older be consulted regarding the GAP arrangement in order to eligible for Title IV-E. While consultation is not a Title IV-E requirement for children ages 12 and 13, this age group must be consulted in order to be compliant with WV State law)


The Division of IV-E Finance Eligibility Specialist will place supporting documentation in the IV-E file which may include a copy of the signed Application for Subsidized Guardianship (SLG-0611), a copy of the signed MDT History Report (YSS-0101) and a copy of the signed Uniform Case Plan.

The Division of IV-E Finance Eligibility Specialist will review documentation in FACTS and will seek to resolve any inconsistencies on the subsidized legal guardianship screen, MDT screen, and permanency plan screen.

TITLE IV-E CASE PLAN REQUIREMENTS: The case plan must describe how the child meets the Title IV-E eligibility

requirements: The child has been removed via voluntary placement agreement or that the

removal order contain CTW language, AND The child must have been eligible for Title IV-E foster care for 6 months prior to

entering subsidized relative legal guardianship, OR The child is a sibling of a child who is eligible for Title IV-E kinship guardianship

assistance payments, and that the sibling and the eligible child have the same relative legal guardian, AND

The case plan must describe:

The steps that have been taken to determine that return home or adoption is not

appropriate; The efforts that have been made to discuss adoption with the child’s relative

foster parent and the reasons why adoption is not an option; The reason why a permanent placement with a prospective relative legal

guardian and receipt of kinship guardianship assistance payments is in the child’s best interests;

The efforts that have been made to discuss relative legal guardianship with the child’s parent or parents or the reasons why efforts were not made;

The reasons why the child is separated from siblings during placement (If the child’s placement with the prospective relative guardian does not include siblings)



The Division of IV-E Finance Eligibility Specialist will place supporting documentation in the IV-E file which may include, but is not limited to, a copy of the signed Application for Subsidized Guardianship (SLG-0611), a copy of the signed Uniform Case Plan, a copy of the signed MDT History Report (YSS-0101), and/or a copy of any signed Court order(s) which address permanency planning for the child.

The Division of IV-E Finance Eligibility Specialist will review documentation in FACTS and will seek to resolve any inconsistencies on the subsidized legal guardianship screen, MDT screen, and permanency plan screen

TITLE IV-E PROSPECTIVE KINSHIP RELATIVE GUARDIAN REQUIREMENTS:

The specific relationship of the prospective guardian to the child must be documented in the IV-E file. In WV, the Department has defined kinship/relatives for the purposes of the placement of children as “any person related to the child by blood or marriage including cousins and in-laws. This includes persons who the child considers a relative, such as a godparent or significant others whom the child claims as kin may also be considered as a placement resource”.


The Division of IV-E Finance Eligibility Specialist will place supporting documentation in each child’s IV-E file which may include, but is not limited to, a copy of the signed Application for Subsidized Guardianship (SLG-0611), a copy of the signed MDT History Report (YSS-0101) and a copy of the signed Uniform Case Plan,

The Division of IV-E Finance Eligibility Specialist will review documentation in FACTS and will seek to resolve any inconsistencies on the subsidized legal guardianship screen, MDT screen, and permanency plan screen.

For at least six consecutive months prior to the start date of the legal guardianship,

the relative legal guardian must have been fully certified as a foster home.


The Division of IV-E Finance Eligibility Specialist will place supporting documentation for the six-month period of certification in the IV-E file which will include a copy of the signed Certification of Foster Family FSC-0304 (SS-PC-14) and/or home study.


The Division of IV-E Finance Eligibility Specialist will review documentation in FACTS and will seek to resolve any inconsistencies on the provider general info screen and the household member info screen.

The kinship relative legal guardian (and any other adults 18 years of age or older

residing in the home) must have successfully completed fingerprint based national criminal records checks and protective services records checks, demonstrating that all mandatory safety requirements have been met. Consistent with existing policy, if such background checks remain valid and such timeframe has not expired for the foster parent who previously received the background checks and is now seeking to become a prospective relative legal guardian, the State will consider this requirement as met without conducting new background checks.


The Division of IV-E Finance Eligibility Specialist will place supporting documentation in IV-E file and must include a copy of documentation for NCIC and APS/CPS records checks.

The Division of IV-E Finance Eligibility Specialist will review documentation in FACTS and will seek to any resolve inconsistencies on the household member info screen(s) and the CIB, NCIC, and APS/CPS records checks response window.

TITLE IV-E KINSHIP GUARDIANSHIP ASSISTANCE AGREEMENT AND PAYMENT REQUIREMENTS: The Department must negotiate and enter into a written, binding subsidized

guardianship agreement with the prospective kinship relative legal guardian. Responsibilities of the Division of IV-E Finance Eligibility Specialist:

The Division of IV-E Finance Eligibility Specialist will place supporting documentation in IV-E file which must include a copy of the signed Subsidized Guardianship Agreement (SLG-0610).

The Division of IV-E Finance Eligibility Specialist will review documentation in FACTS and will seek to resolve any inconsistencies on the subsidized legal guardianship screen.

The Department must provide the prospective relative legal guardian with a copy of

the signed Subsidized Guardianship Agreement (SLG-0610). Responsibilities of the Division of IV-E Finance Eligibility Specialist:


The Division of IV-E Finance Eligibility Specialist will place supporting documentation in the IV-E file which may include, but is not limited to, a copy or screen print of a worker contact, a copy or screen print of court hearing comments found in the court order screen, a copy or screen print of the document tracking screen, and/or a copy of a cover letter or receipt demonstrating that a copy of the agreement was provided to the relative legal guardian.

The Division of IV-E Finance Eligibility Specialist will review documentation in FACTS and will seek to resolve any inconsistencies on the contact screen, court order screen, document tracking screen, and/or file cabinet screen.

The subsidized guardianship agreement must:

Specify the amount of the subsidy; Specify the manner in which the subsidy payment will be provided to the relative

legal guardian; Specify the manner in which the subsidy payment may be adjusted periodically,

in consultation with the relative legal guardian, based on the circumstances of the relative legal guardian and the needs of the child;

Specify the additional services and assistance for which the child and relative legal guardian will be eligible under the agreement;

Specify the procedure by which the relative legal guardian may apply for additional services;

Provide that the agreement will remain in effect without regard to the State residency of the relative legal guardian;

Specify that the Title IV-E agency will pay the total cost of nonrecurring expenses associated with obtaining legal guardianship of the child to the extent the total cost does not exceed $2,000;

Be in place with a prospective relative legal guardian prior to the establishment of the legal guardianship;


The Division of IV-E Finance Eligibility Specialist will place supporting documentation in the IV-E file which must include a copy of the signed Subsidized Guardianship Agreement (SLG-0610).

The Division of IV-E Finance Eligibility Specialist will review documentation in FACTS and will seek to resolve any inconsistencies on the subsidized legal guardianship screen.

Title IV-E kinship guardianship assistance payments may be made by the

Department to the kinship relative legal guardian once the kinship relative legal guardian has committed to care for the child and has assumed legal guardianship for


the child. Title IV-E subsidized legal guardianship assistance payments may not exceed the foster care maintenance payment the child would have received if he or she remained in a foster family home.


The Division of IV-E Finance Eligibility Specialist will place supporting documentation in the IV-E file which must include a copy of the signed Subsidized Guardianship Agreement (SLG-0610) and a copy of the signed court order sanctioning the agreement.

The Division of IV-E Finance Eligibility Specialist will place supporting documentation in the IV-E file to demonstrate the comparison between the subsidized guardianship assistance payment and the foster care maintenance payment the child would have received. Documentation must include the Client Payment History Report (PAY-0597), including at least the first month of subsidized guardianship assistance payments and the month of foster care boarding care payments immediately preceding.

Division of IV-E Finance Eligibility Specialist will review documentation in FACTS and will seek to resolve any inconsistencies on the subsidized legal guardianship screen and court order screen.

Termination Of Kinship Guardianship Agreement Payments will occur if the

Department determines: The relative guardian is no longer responsible for the support of the child The child is no longer receiving any support from the relative guardian

TITLE IV-E ELIGIBILITY REQUIREMENTS REGARDING SIBLINGS: When the Department makes a kinship guardianship assistance payment pursuant

to a kinship guardianship assistance agreement on behalf of each sibling of an eligible child, Title IV-E reimbursement may be claimed, provided:

The sibling must be placed with the same relative; The kinship guardianship assistance agreement with the relative must be the

same as for the eligible child; The Department and the relative must agree that the placement is appropriate; Title IV-E nonrecurring expenses are also available for siblings so placed;


The Division of IV-E Finance Eligibility Specialist will place supporting documentation in the IV-E file to demonstrate that the relative legal guardian is the same for both children and that the placement is appropriate. Documentation must include (for both the eligible child and the sibling), a screen print of


subsidized legal guardianship screen provider grouping, a copy of the signed Subsidized Guardianship Agreement (SLG-0610), and/or a copy of the Application for Subsidized Guardianship (SLG-0611).

Division of IV-E Finance Eligibility Specialist will place supporting documentation in the IV-E file to document that the eligible child and the sibling are related by biological, marital or legal ties (i.e. inclusive of step-siblings, half siblings or adoptive siblings). Documentation may include copies of birth certificates, IPACT screen-prints, RAPIDS screen prints (ANHR, etc.), and/or OSCAR screen prints.

Division of IV-E Finance Eligibility Specialist will review documentation in FACTS and will seek to resolve inconsistencies on the subsidized legal guardianship screen and relationship screen.

To receive kinship guardianship assistance payments, or for the relative legal

guardian to be reimbursed for the nonrecurring expenses related to the costs of the legal guardianship, it is not required that:

The State place siblings with the relative legal guardian simultaneously with the

Title IV-E eligible child for the siblings to qualify for Title IV-E reimbursement; The sibling meet the child-related criteria that were required to establish eligibility

for the eligible child, i.e., that the sibling has been removed via VPA or that the removal order contain CTW language, or that the sibling must have been eligible for Title IV-E foster care prior to entering subsidized relative legal guardianship.

CONVERSION OF PRIOR EXISTING SUBSIDIZED LEGAL GUARDIANSHIP ARRANGEMENTS: Section 471(a)(28) as interpreted in ACYF-CB-PI-10-01 (2-18-2010) allows for the Department to convert legal guardianships that existed prior to the plan submission (including those that have been supported through State funds) to the Title IV-E Kinship Guardianship Assistance Program provided that those children meet all eligibility criteria as described herein. TITLE IV-E OPTION TO EXTEND TITLE IV-E KINSHIP GUARDIANSHIP PAYMENTS BEYOND AGE 18: The Legal Guardianship agreement will terminate when the child attains the age of

eighteen (18) or is otherwise emancipated. However, the legal guardian may request

approval of the child’s worker to extend the subsidy beyond the child’s eighteenth (18th)

birthday if the child is attending an educational or training program. Under no

circumstances shall a subsidy agreement extend beyond the child’s twenty-first (21st)

birthday.


A title IV-E guardianship assistance payment may extend to the age of 19,20 or 21 for a

child on whose behalf a guardianship assistance agreement was entered into after the

child turned 16 so long as at the age of 18 the child is:

Completing secondary school (or equivalent);

Enrolled in post-secondary or vocation school;

Participating in a program or activity that promotes or removes barriers to

employment;

Employed 80 hours a month; or

Determined incapable of any of the above due to a documented medical

condition (section 475(8)(B)(iv) of the Act.

MEDICAID ELIGIBILITY An eligible child, or a sibling to an eligible child, who receives a kinship guardianship assistance payment is categorically eligible for Title XIX Medicaid in the State where the child resides [473(b)(3)(C)]. This means that a payment of any amount must be paid on an ongoing basis (e.g. a dollar each month) for the Title XIX Medicaid agency to consider the child categorically eligible for Medicaid. Thus, when an eligible child (and/ or a sibling to an eligible child) for whom a kinship guardianship assistance payment is being made moves to another state, a copy of the kinship guardianship assistance agreement will be provided to that state for the purpose of demonstrating Title XIX Medicaid eligibility. TITLE IV-E REQUIREMENTS REGARDING THE EFFECTIVE DATE FOR IMPLEMENTATION: The Department’s Title IV-E state plan amendment to operate a Title IV-E

guardianship assistance program may be submitted to ACF after the date of the law’s enactment, October 7, 2008.

The Department may implement and claim allowable guardianship assistance program costs beginning on the first day of the quarter in which an approvable Title IV-E state plan amendment is submitted to ACF

The Department may claim Title IV-E for only those children for whom the agency enters into a new kinship guardianship assistance agreement and who exit foster care to a new guardianship arrangement on or after the first day of the quarter in which the approved Title IV-E state plan amendment was submitted to ACF

A child may satisfy the Title IV-E foster care eligibility requirement (eligibility for Title IV-E foster care maintenance payments while residing in the home of the prospective relative guardian for six-consecutive months) prior to the first day of the quarter in which an approvable Title IV-E state plan amendment is submitted to ACF.


FAIR HEARINGS The Department must provide an opportunity for a fair hearing to any individual whose claim for relative subsidized legal guardianship assistance available under Title IV-E is denied or is not acted upon with reasonable promptness. TITLE IV-E STATE PLAN REQUIREMENTS The Title IV-E state plan requirements that are not specifically limited to the Title IV-E foster care maintenance payment or adoption assistance programs also apply to the guardianship assistance program under Title IV-E. These requirements are found in the following sections:

471(a)(2) 1A. DESIGNATION AND AUTHORITY OF STATE AGENCY 471(a)(2) 1B. STATE AGENCY STRUCTURE AND FUNCTION 471(a)(3) STATEWIDE OPERATIONS 471(a)(4) COORDINATION WITH TITLES IV-A AND IV-B PROGRAMS 471(a)(5) PERSONNEL ADMINISTRATION 471(a)(6) REPORTING 471(a)(7) MONITORING 471(a)(8) SAFEGUARDING INFORMATION 471(a)(9) CHILD ABUSE AND NEGLECT 471(a)(12) FAIR HEARINGS 471(a)(13) INDEPENDENT AUDIT 471(a)(20(C) g. The State shall check any child abuse and neglect registry for

information on any prospective foster or adoptive parent and on any other adult living in the home of such a prospective parent …

471(a)(25)&(26) TIMELY INTERSTATE PLACEMENT OF CHILDREN 471(a)(28) State Plan Amendment, Guardianship Assistance Program,

AGREEMENTS AND PAYMENTS 471(a)(29) through (a)(32) 45 CFR 1355.30 APPLICABILITY OF DEPARTMENT-WIDE REGULATIONS:

Departmental regulations at 45 CFR 1355.30 apply to the Title IV-E guardianship assistance program to the same extent that they apply to the Title IV-E foster care maintenance payments and adoption assistance programs.

Documents

WVDHHR Title IV-E Kinship Relative Guardianship … DHHR Division of IV-E Finance Title IV-E Kinship Relative Guardianship Assistance Program Page 3 Title IV-E Kinship Guardianship