Items that have been deleted can be seen by clicking the Deleted link. 8.5B Guardianship Assistance Program, Eligibility
5.Describe the child eligibility requirements for the title IV-E kinship guardianship assistance program (GAP).
(New 08/25/2009) 1. Question: May a title IV-E agency that operates the Guardianship Assistance Program (GAP) require a child to have resided in foster care with the prospective relative guardian for a minimum period longer than six consecutive months for the child to be eligible for the GAP program? Answer: No. Section 473(d)(3)(A)(i)(II) of the Social Security Act (the Act) provides that an otherwise eligible child must have been eligible for title IV-E foster care maintenance payments while residing in the foster home of the prospective guardian ?for at least 6 consecutive months.? This means that after being in foster care and eligible for title IV-E foster care maintenance payments for six consecutive months while residing with the licensed or approved prospective guardian, an otherwise eligible child is eligible for the GAP. A title IV-E agency may not impose a longer time frame or other eligibility requirements beyond those contained in the statute.
Answer: No. There is no provision in section 472 of the Social Security Act (the Act) for the child to retain title IV-E eligibility for foster care maintenance payments if he re-enters foster care from a legal guardianship. A child in this situation would need to meet the eligibility criteria in section 472(a) through (c) of the Act to receive title IV-E foster care maintenance payments in the subsequent foster care placement.
Answer: No. The child is not automatically eligible for the GAP program if he/she is placed with a subsequent guardian because the subsequent relative guardian must meet the requirements in sections 471(a)(28) and 473(d) of the Social Security Act (Act) and the child must meet the requirements of either section 473(d)(3)(A) or (B).
Answer: No. Section 473(d) of the Social Security Act (the Act) does not make any provision for title IV-E guardianship assistance agreements or payments to transfer to a third party.
Answer: To be eligible for title IV-E GAP, a child must have been: 1) removed from his or her 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; and 2) eligible for title IV-E foster care maintenance payments during at least a six consecutive month period during which the child resided in the home of the prospective relative guardian who was licensed or approved as meeting the licensure requirements as a foster family home. While the Social Security Act (the Act) does not require title IV-E foster care maintenance payments to have been paid on behalf of the child during the six month timeframe, it does require that such a child meet all title IV-E foster care maintenance payment eligibility criteria pursuant to section 472(a),(b) and (c) of the Act and 45 CFR 1356.21 in the home of the fully licensed or approved relative foster parent for a consecutive six-month period to be eligible for title IV-E kinship guardianship assistance payments with that prospective relative guardian (section 473(d)(3)(A)(i)(II) of the Act). Additionally, the title IV-E agency must determine that: 1) return home or adoption are not appropriate permanency options; 2) the child demonstrates a strong attachment to the prospective relative guardian; and 3) the relative guardian has a strong commitment to caring permanently for the child. The title IV-E agency must consult with a child who is 14 years or older regarding the kinship guardianship arrangement. These determinations are not judicial findings but rather determinations made by the title IV-E agency (section 473(d)(3)(A) of the Act).
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