ࡱ> VXU@ /bjbj.. 6RDDd'B&&&&&&&:8V4T:F!"        $2"R$ &   &&  !---X& &  - --&&-  4(nk-!0F!-"%#"%-::&&&&"%&- Zf@-49    ::X::10 DEPARTMENT OF HUMAN SERVICES 148 BUREAU OF SOCIAL SERVICES Chapter 12: RULES FOR PERMANENCY GUARDIANSHIP SUMMARY: This chapter establishes the eligibility requirements and amount and duration of permanency guardianship assistance available to eligible families in the Permanency Guardianship subsidy program. The rules describe the terms of the agreement between the family and the State and the procedures for applying. An annual review is required. 1. GENERAL STATEMENT OF POLICY Permanency Guardianship provides a permanency option to children who might otherwise remain in foster care until the age of majority. The State has developed a comprehensive program to provide relatives and other individuals the opportunity to become the permanency guardians of children in the custody of the State or of Tribal authorities in the State of fb88. Through the provision of a financial subsidy, the state seeks to promote the utilization of guardianship and improved permanency outcomes for children in out-of-home placement. 2. DEFINITIONS As used in these rules, the following definitions shall apply: a. The term "Department" refers to the Department of Heath and Human Services. b. For guardianship subsidy purposes, the term "child" refers to a special needs child in the custody of the Department or of Tribal authorities in the State of fb88. c. The term "family" refers to any person or persons who wishes to apply for guardianship subsidy. d. The term "special needs" refers to a child with one or more of the following characteristics: (1) Has a physical, mental or emotional handicap that makes placement difficult; (2) Has a medical condition that makes placement difficult; (3) Is a member of a sibling group that includes at least one member who is difficult to place. (4) Is age 5 or older; (5) Is difficult to place because of race; (6) Has been a victim of physical, emotional or sexual abuse or neglect that places the child at risk for future emotional difficulties; or (7) Has factors in the child's background such as severe mental illness, substance abuse, genetic or medical conditions or illnesses that place the child at risk for future problems. For purposes of this definition at risk is meant to have some significance in a statistical, mental health or medical sense, i.e., some probability of occurrence that is not merely speculative or statistically insignificant. 3. ELIGIBILITY CRITERIA The child and permanency guardian are eligible for the guardianship subsidy only if all of the following criteria are met. a. The child must be in the legal custody of the Department or Tribes; b. Reunification for the child must no longer be a viable permanency option; c. The child must meet the definition of a "special needs child; d. Permanency Guardianship must be considered to be in the best interest of the child by the court; and e. The family must have been studied and approved as meeting the Department's/Tribes standards for permanency guardianship either by the Department, Tribes or by a licensed child-placing agency prior to placement in Permanency Guardianship status. Appointment by the District Court as a permanency guardian does not establish that the permanency guardian meets the standards for permanency guardianship for purposes of the guardianship subsidy. f. The permanency option of adoption must receive careful consideration prior to consideration of permanency guardianship. 4. TYPES OF SUBSIDIES The following types of subsidies are available: a. Long Term Assistance A bi-weekly payment to the eligible family that may continue until the child attains the age of eighteen (or until the child is age 21 where the state determines the child has need for educational benefits or has a physical, mental or emotional handicap that warrants the continuation of assistance). b. Limited Period Assistance (1) A bi-weekly payment for limited period of time. (2) Payment (on a recurring basis for a specified period of time) of medical or mental health costs (such as orthodontia, medical treatment, physical and mental health therapy, etc.). c. One Payment Assistance One time expenses for legal fees, not to exceed $400 per permanency guardian, incurred by the permanency guardian as necessary to finalize the guardianship in tribal courts. This subsidy is not available to permanency guardians appointed by the fb88 District Court or any Probate Court of fb88. d. fb88Care Card Use of a fb88Care card to cover the child's medical, dental, psychological and other expenses allowable under the fb88Care program, in accordance with fb88Care law, rules, regulations and policy, usually provided to the age of 18. 5. AMOUNT AND DURATION OF SUBSIDY a. The amount of assistance may vary, depending on the circumstances of the permanency guardian (including, but not limited to, income, indebtedness, family size, special needs, etc.), the special needs of the child, and the availability of other resources. The amount of long term, limited period, or one-payment assistance, or any combination thereof, may not exceed the cost of caring for the child if the child had remained in the custody of the Department in a family foster home. b. The permanency guardian may apply for third party benefit payments on behalf of the child. If such benefits are available for the child, the guardian shall notify the Department of the application for and receipt of the benefits. c. In no instance shall assistance continue past the time when the child attains the age of eighteen (or until the child is age 21 where the state determines the child has need of educational benefits or has a physical, mental or emotional handicap which warrants the continuation of permanency guardianship subsidy). d. If the permanency guardian and child move to another state, payments will continue according to the agreement between the permanency guardian and the Department as long as the child continues to be eligible based on the annual review. e. Guardianship payments will terminate if the Department determines that the permanency guardian is no longer legally responsible for the child or if the Department determines that the child is no longer receiving any support from the permanency guardian. f. The permanency guardian is responsible for immediately notifying the Department's Adoption Program Specialist in writing of any changes in the needs of the child, the circumstances of the family, or other benefits available for the child's support, that may affect his or her eligibility for assistance or the amount of assistance required. The permanency guardian shall notify the Department's Adoption Program Specialist in writing within 10 days of the change. 6. ANNUAL REVIEW The Department will annually review each permanency guardian who receives a subsidy to determine if the permanency guardian remains eligible for the subsidy, and to review the amount of the subsidy. The permanency guardian must provide the Department with any information that the Department requests in order for it to conduct the review. 7. AGREEMENT BETWEEN THE APPROVED PERMANENCY GUARDIAN AND THE DEPARTMENT a. A written agreement between the family entering into assisted guardianship and the Department must precede the entry of the District Court order creating the permanency guardianship. b. The Commissioner of the Department or his designee will sign the agreement on behalf of the Department. c. The agreement shall include the following: (1) The amount and type of payments; (2) The duration of the agreement; (3) The process for annual review of eligibility and amount; (4) A statement that the family must immediately notify in writing the Department's Adoption Program Specialist of any changes in address, custody, or living arrangements or changes in benefits for the child. (5) A statement providing whether the Department will continue to provide subsidy payments if the permanency guardian and child move out of state; (6) A statement specifying how the permanency guardian shall be notified of any changes in the rates of payments and how he or she may request changes. (7) A statement that the subsidy begins on the date that the District Court or Tribal court enters an order establishing the guardianship. 8. PROCEDURES The following procedure applies to each type of subsidy listed in section 4 above: (1) The Department, a licensed child-placing agency approved by the Department, or the Tribe will study the family to determine whether the family meets the Department's or Tribes standards for permanency guardianship. (2) A family who desires a guardianship subsidy must make application to the Department on the Departments forms for that purpose. The form will notify the applicant of the right to an administrative hearing if the application is denied. (3) The application and written agreement, signed by the permanency guardian, shall be sent to the Office of Child and Family Services of the Department for presentation to the Commissioner or his designee. The agreement is not effective until signed by the Commissioner or his designee. 9. TRANSFERRAL TO LEGAL GUARDIAN Upon the death of a permanency guardian, the department may enter into a new assistance agreement with a new permanency guardian. 10. APPEALS Any permanency guardian who is receiving guardianship subsidies is entitled to appeal any decision made by the Department concerning his or her specific subsidy. To appeal a decision, a written request for an Administrative Hearing must be made to the Commissioner or his designee within 10 days of the decision. No appeal is available to an adjustment made to a subsidy as the result of a system-wide, across-the-board change in the guardianship subsidy program, including but not limited to a change in eligibility criteria or payment rates or systems. 11. EFFECTIVE DATE These rules become effective on April 14, 2006. 12. 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