Guardianship assistance programs have existed in some states and tribes since the 1980s. They were created to give an option for children placed with relatives in foster care to exit that system into a permanent home with their relatives. Massachusetts was the first place to pilot such a program, and the list grew rapidly. In 2008, based on the success of these early programs, Congress passed a law allowing all states, tribes, and territories to use their title IV-E child welfare funds to offer a Guardianship Assistance Program (GAP). Because many jurisdictions already had programs using their own funds, they were able to quickly pivot and adopt GAP. Now about 42 states, 11 tribes, and at least 3 territories have the federal GAP option – most of those places also have state-funded GAP for those children who are not title IV-E eligible. States often call these programs by different names, such as R-GAP in Washington, Kin-GAP in California, and Subsidized Permanent Legal Custodianship (SPLC) in Pennsylvania.
There are certain eligibility requirements that all jurisdictions must have in place to access the federal funds:
▶️ Child must be title IV-E eligible
▶️ Child must live with a licensed relative foster parent for six consecutive months prior to guardianship – states have flexibility in how they define “relative” and most include non-related kin such as god parents
▶️ Child reunifying with their parents or getting adopted are not appropriate options for the child
▶️ The guardianship assistance agreement must be negotiated before the court awards guardianship to the relative
▶️ Guardianship assistance cannot exceed the foster care rate for that child
▶️ Ineligible siblings of an eligible child in the same home can qualify for federal GAP and states have broad flexibility to define “sibling”
There are no federal requirements to limit GAP to children with special needs or to older children – and we do not consider it best practice to limit the programs with these requirements. GAP was created to provide options for children for whom adoption and reunification are not appropriate.
Much like when adoption assistance was newer, GAP is often underutilized. Providing it as an option and discussing its financial and legal implications with licensed relative foster parents is very important. Families are their own best experts - but they need balanced information to make the best decision for them. Generations United has state-specific charts that can help social workers and kinship service providers have this discussion with the families.
💻 To access your state chart comparing adoption and guardianship for children exiting foster care, see: https://lnkd.in/g4JEnnQG
📑 To learn more about GAP, see: https://lnkd.in/eaY2hvjc
#KinshipCare, #Grandfamilies