Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.06.01 - CHILD AND FAMILY SERVICES › ADOPTION SERVICES › Section 16.06.01.702 - CONDITIONS FOR GUARDIANSHIP ASSISTANCE

Current through August 31, 2023
The following conditions must be met for a child to be
				  eligible for federally-funded or state-funded guardianship assistance.
				  (3-15-22)
01.
Assessment of
				Suitability
. The Department or its contractor will determine the
				suitability of an individual to become a legal guardian for a specific child or
				sibling group through a guardianship study. (3-15-22)
02.
Eligibility for Guardianship
				Assistance
. The Department will determine eligibility for guardianship
				assistance for each child placed in the legal custody of the Department prior
				to the finalization of the guardianship. The child will first be considered for
				eligibility for a federally-funded subsidy. Should the child be found
				ineligible for a federally-funded subsidy, the child will then be considered
				for a state-funded subsidy. (3-15-22)
03.
Guardianship and Foster Care
				Licensure
. To receive guardianship assistance, a potential legal
				guardian must apply for and receive a foster care license. (3-15-22)
04.
Guardianship Assistance Agreements
				and Payments
. The Department and the prospective legal guardian must
				enter into a written agreement prior to the finalization of the guardianship.
				Benefits may include both a monthly cash payment and Medicaid benefits. The
				cash payment may not exceed the published foster care rate a child would
				receive if living in family foster care in Idaho. Eligibility for guardianship
				assistance is based on the child's needs. No means test may be applied to the
				prospective legal guardian family's income or resources in a determination of
				eligibility. The Department will provide the prospective legal guardian with a
				copy of the agreement. All Guardianship Assistance Agreements must contain the
				following: (3-15-22)
a. The amount and manner
				in which the guardianship assistance payment will be provided to the
				prospective legal guardian; (3-15-22)
b. The manner in which the payment may be
				adjusted periodically in consultation with the legal guardian, based on the
				circumstances of the legal guardian and the needs of the child;
				(3-15-22)
c. Any additional
				services and assistance for which the child and legal guardian will be eligible
				under the agreement; (3-15-22)
d.
				The procedure by which the legal guardian may apply for additional services;
				(3-15-22)
e. A statement that the
				agreement will remain in effect without regard to the state of residency of the
				legal guardian; (3-15-22)
f. The
				procedure by which the Department will make a mandatory annual evaluation of
				the need for continued assistance and the amount of the assistance; and
				(3-15-22)
g. Guardianship
				assistance payments are prospective only. There will be no retroactive benefits
				or payments. (3-15-22)
h. In Title
				IV-E Relative Guardianship Assistance Agreements, the prospective relative
				guardian may identify a successor legal guardian to be appointed guardianship
				of the child due to the death or incapacitation of the relative legal guardian.
				(3-15-22)