1. Title IV-E Guardianship Assistance Program (GAP) Liliana Hernandez, Childrens Bureau Child Welfare Program Specialist September 2010

2. What is Guardianship? A legal relationship in which a person is named by the court to have the following parental rights with respect to the child: protection; protection; education; education; care and control of the person; care and control of the person; custody of the person; and custody of the person; and decision making. decision making.

3. Kinship Guardianship Assistance, GAP, is a provision in the Fostering Connections to Success and Increasing Adoptions Act (P.L. 110-351) that was signed into law on October 7, 2008. GAP allows a state/tribe to use federal Title IV-E funds to provide a subsidy for a child that exits the foster care system to a relative that has assumed legal guardianship. GAP must be implemented statewide/tribal service area-wide. Title IV-E agencies must submit an approvable plan amendment per PI-10-01. For more information see http://www.acf.hhs.gov/programs/cb/laws_policies/policy/pi/ 2010/pi1011.htm http://www.acf.hhs.gov/programs/cb/laws_policies/policy/pi/ 2010/pi1011.htm http://www.acf.hhs.gov/programs/cb/laws_policies/policy/pi/ 2010/pi1011.htm What is GAP?

4. Conditions for Guardianship Conditions for Guardianship Eligibility criteria includes: Child is in the placement and care responsibility of the title IV-E agency. Child is in the placement and care responsibility of the title IV-E agency. Child is eligible for title IV-E foster care for at least 6 months, while in the licensed/approved home of the prospective guardian Child is eligible for title IV-E foster care for at least 6 months, while in the licensed/approved home of the prospective guardian Criminal record checks for prospective guardians and child abuse neglect checks on the guardian and other adults living in the home. Criminal record checks for prospective guardians and child abuse neglect checks on the guardian and other adults living in the home. Return home/adoption are not options for the child. Return home/adoption are not options for the child. A child who has attained age 14 has been consulted about the guardianship. A child who has attained age 14 has been consulted about the guardianship.

5. GAP – Agreements and Payments All agreements must meet and specify the following requirements: GAP payment cannot exceed the title IV-E foster care payment the child would have received if the child were in a foster family home. GAP payment cannot exceed the title IV-E foster care payment the child would have received if the child were in a foster family home. The agency must reimburse for total nonrecurring costs up to $2,000. The agency must reimburse for total nonrecurring costs up to $2,000. The agreement must be in effect regardless of the State of residence. The agreement must be in effect regardless of the State of residence. Children receiving a GAP payment are categorically eligible for Medicaid. Children receiving a GAP payment are categorically eligible for Medicaid.

6. GAP- Flexibility Flexibility is allowed for certain conditions of the GAP. See PI-10-01 for more examples. May define relative broadly to include extended family, friends, Tribal kin, fictive kin. May define relative broadly to include extended family, friends, Tribal kin, fictive kin. GAP agreements/payments can continue for youth age 18 to 21 if he/she has a disability. GAP agreements/payments can continue for youth age 18 to 21 if he/she has a disability. An agency may provide GAP payments to a sibling of a GAP- eligible child if: sibling is in the same guardianship arrangement and the agency and guardian agree it is appropriate, and the IV-E agreement meets all statutory requirements. An agency may provide GAP payments to a sibling of a GAP- eligible child if: sibling is in the same guardianship arrangement and the agency and guardian agree it is appropriate, and the IV-E agreement meets all statutory requirements. May require annual or periodic renewals of agreements to continue assistance. May require annual or periodic renewals of agreements to continue assistance.

7. Contact Information Liliana Hernandez, M.S.W/M.P.P. Program Specialist Administration for Children and Families Childrens Bureau Division of Program Implementation 202-205-8086 liliana.hernandez@acf.hhs.gov Liliana Hernandez, M.S.W/M.P.P. Program Specialist Administration for Children and Families Childrens Bureau Division of Program Implementation 202-205-8086 liliana.hernandez@acf.hhs.gov liliana.hernandez@acf.hhs.gov