Chapter 15 KINSHIP GUARDIANSHIP ASSISTANCE PROGRAM The Kinship Guardianship Assistance Program (KinGap) is a program available for foster children as a result of the Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351). The program was signed into law on October 7, 2008. This program amends the Social Security Act (Section 471(a) (28) to create an option to provide kinship guardianship assistance payments under title IV-E for relatives taking legal guardianship of children who have been in foster care. Unlike Subsidized Guardianship, this is not a waiver program. There are no control and experimental groups. All children in the Subsidized Guardianship Waiver on or before 10/31/09 will automatically be grandfathered into KinGap.

Children who entered SG prior to 9/30/08 will be title IV-E eligible in KinGap. These children will retain their eligibility for a subsequent subsidized guardianship in situations of death, incapacitation or a voluntary transfer of the guardianship.

Children who entered SG between 10/1/08 and 10/31/09 will be title IV-E eligible if all the KinGap requirements were met at the time of the guardianship arrangement.

KINGAP ELIGIBILITY FACTORS

1. The child must have been title IV-E eligible for foster care.

a. 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 and that reasonable efforts have been made to prevent the placement;

b. The child must meet the citizenship requirement; c. The family must have met the AFDC requirements at the time of

the initial legal; and d. The child must have been living with the specified relative from

whom they were legally removed within 6 months of the initial legal date.

2. The child must be residing in the home of a licensed prospective relative

guardian for at least 6 consecutive months prior to the child entering KinGap. Exceptions to this requirement are as follows:

a. The child (regardless of title IV-E eligibility) 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 relative subsidized guardianship for at least 6 months and meets all KinGap criteria; or

b. The guardianship of the child (regardless of title IV-E eligibility) will be transferred to a prospective guardian who has previously taken subsidized kinship guardianship of another child born of the same mother or father.

3. Background checks must be performed on the prospective home.

a. Fingerprint-based criminal records check in the national and state

criminal information databases for all adults (17+) in the home; and

b. Check of the Child Abuse and Neglect Tracking System (CANTS) for all members of the family ages 13+.

4. The Subsidized Guardianship Agreement must have been signed by the

prospective guardian(s) and DCFS prior to the finalization of the guardianship.

5. The following must be included in the Service Plan:

a. Documentation of why being returned home or adopted is not an

option; b. Documentation of the efforts made by the State agency to discuss

with the child’s parent(s) the KinGap arrangement, or the reasons why the efforts were not made;

c. Documentation of the efforts made by the State agency to discuss adoption by the child’s relative foster parent as a more permanent alternative to legal guardianship and, the reason why adoption was not pursued;

d. Documentation of the ways in which the child meets the eligibility requirements for a KinGap payment;

e. Documentation that the child demonstrates a strong attachment to the prospective relative guardian and that the relative guardian has a strong commitment to caring permanently for the child;

f. Documentation that a child who is 14+ has been consulted regarding the KinGap arrangement;

g. Documentation that the child and any sibling of the eligible child may be placed in the same kinship guardianship

arrangement if DCFS and the relative agree on the appropriateness of the arrangement for the siblings; if

siblings cannot be placed together, documentation of the reasons for any separation of siblings that such a joint

placement would be contrary to the safety or well-being of any of the siblings; and

h. Documentation that KinGap is in the best interests of the child. KINGAP SUBSIDY AGREEMENT The KinGap agreement remains in effect regardless of residency.

Non-recurring expenses: Expenses for reasonable and necessary miscellaneous costs and legal fees related to the subsidy reviews that are directly related to the transfer of guardianship, not to exceed $2,000 per child; On-going monthly payments: Payment are determined through a negotiation process between the prospective guardian and the Department based on the needs of the child and the circumstances of the family, not to exceed current foster care board rate; Medical card: The child maintains medical coverage under the KinGap subsidy agreement. Needs not payable through other sources: Physical, emotional and mental health needs not payable through insurance or public resources that are associated with or result from a condition whose onset has been established as occurring prior to the transfer of the guardianship can be covered; Therapeutic Daycare: Therapeutic daycare can be covered for children who are determined to have a disability requiring an Individualized Education Plan; Employment Related Daycare: Employment relative daycare can be covered for children under the age of 3 years if the guardian is employed or in a training program that will lead to employment; College Scholarship and Education and Training Vouchers: Children may apply for the college scholarships awarded by the Department and children moving to the guardianship at age 16 years or older are eligible for the Education and Training Voucher Program;

TERMINATION OF KINGAP/PAYMENTS Payments of the KinGap subsidy will terminate when the Department has determined that any one of the following has occurred:

1. The terms of the KinGap agreement has been fulfilled; 2. The guardian has requested the payment to stop; 3. The guardian is no longer financially supporting the child; 4. The child has become an emancipated minor; 5. The child marries; 6. The child enlists in the military; 7. The child reaches age 18; age 19 if the child is expected to graduate by

the child’s 19 birth date; or at age 21 if the child has a physical, mental or emotional disability that was documented before the 18th birth date;

8. The guardian dies; 9. The guardianship is vacated;

10. The child dies;

KINGAP CASE PROCESS FOR THE FIELD

1. Guardianship goal is chosen. 2. Case Manager proceeds with completing a new Service Plan, choosing

Subsidized Guardianship as the goal. 3. When time in placement and licensing is met, guardianship is transferred. 4. Case is transferred to KinGap in CYCIS by the Post Adopt Unit. 5. The Post Adopt Unit sends the Birth Certificate, Initial Court Order (usually

TC), Guardianship Order, and Signature Page of Subsidized Guardianship Agreement to the Eligibility Determinations Unit (EDU) – Attn: KinGap @ 217-782-3882.

KINGAP CASE PROCESS FOR EDU

1. EDU is notified of the KinGap placement via the KINSHIP GUARDIANSHIP ASSISTANCE PROGRAM NOTIFICATION.

2. EDU verifies that documents have been rec’d from Post Adopt (if not, request them via email). If the documents have been received, the title IV-E determination can be made.

3. EDU completes a Redetermination up to the KinGap date. 4. EDU determines title IV-E eligibility using the KINGAP ELIGIBILITY

APPLICATION CHECKLIST. a. EDU prints BC11 screen b. EDU prints LC02 or LC07 screen (if not included on Notification) c. EDU reviews/prints the Service Plan in SACWIS

5. All documentation (checklist, screen-prints, and documents from Post Adopt) are filed in the EDU file.

Children that are eligible for KinGap are categorically eligible for Medicaid. A child who is 14 years of age or older and has lived with a licensed non-relative for at least 6 consecutive months will be allowed to enter a KinGap arrangement. The cost of care will be state-funded. This child will not be title IV-E eligible.

The following chart shows the new group numbers and how they correspond to the old SG group numbers:

Former SG Group Number

KinGap Group Number

Unassigned to AODA Waiver

KinGap Group Number

Assigned to AODA Control Group

KinGap Group Number

Assigned to AODA Experimental

Group

612-01 842-01 862-01 882-01

612-13 842-13 862-13 882-13

812-16 842-13 862-13 882-13

812-17 842-01 862-01 882-01

612-18 842-13 862-13 882-13

618-07 848-07 868-07 888-07

618-12 848-12 868-12 888-12

618-16 842-13 862-13 882-13

662-01 842-01 862-01 882-01

662-12 842-12 862-12 882-12

662-13 842-13 862-13 882-13

662-16 842-13 862-13 882-13

662-17 842-01 862-01 882-01

662-18 842-13 862-13 882-13

668-07 848-07 868-07 888-07