Code of Massachusetts Regulations › 110 CMR - DEPARTMENT OF CHILDREN AND FAMILIES › Title 110 CMR 7.000 - Services › Guardianship › Section 7.303 - Guardianship Subsidy

Current through Register 1525, July 5, 2024
As used in 110 CMR 7.303, the term guardianship, means
				  guardianship of a minor.
(1)
Definition of Guardianship Subsidy
. The Department
				operates two guardianship subsidy programs to support the permanency of
				children who are in the Department's care or custody: a federally supported
				program governed by the provisions of Title IV-E of the Social Security Act, 42
				U.S.C. § 673, (Title IV-E guardianship subsidy), and a state funded
				program created pursuant to M.G.L. c. 18B, §§ 2 and 3, (state
				guardianship subsidy). In both programs, the guardian will receive financial
				assistance which is intended to aid in the support of the child and is paid
				directly to the guardians of the child, and the child will receive medical
				assistance through the MassHealth program which is intended to provide the
				child with health insurance and is paid directly to the vendor according to the
				current MassHealth fee schedule. Financial assistance provided through
				guardianship subsidy may not exceed the amount that would have been authorized
				during the period had the child been in family foster care.
(2)
Eligibility Criteria - Title
				IV-E Guardianship Subsidy
. In order to be eligible for Title IV-E
				guardianship subsidy, the following criteria must be met:
(a) The child is in substitute care and in
				the care or custody of the Department.
(b) The child was 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.
(c) Guardianship is the
				permanent plan for the child.
(d)
				The proposed guardian(s) is a kinship/relative foster home licensed by the
				Department or an agency under contract with the Department which licensure
				includes:
1. a fingerprint-based criminal
				records check of the national crime information databases; and
2. a child abuse and neglect check of the
				proposed guardian(s) and other adults living in the home of the proposed
				guardian(s) for Massachusetts and any state the proposed guardian(s) or other
				adults living in the home have lived within the five years prior to the license
				study.
(e) The proposed
				guardian(s) has not been convicted of :
1. a
				felony for child abuse or neglect, spousal abuse, a crime against a child or a
				crime involving violence, such as rape, sexual assault or homicide, but not
				including simple assault and battery; or
2. a felony for physical assault, battery or
				a drug or alcohol related offense committed in the five years prior to being
				licensed.
(f) The child
				has been residing in the home of the proposed guardian(s) for at least six
				consecutive months prior to the guardianship.
(g) The child has been eligible for Title
				IV-E foster care payments during at least six consecutive months he or she has
				resided with the proposed guardians prior to the guardianship.
(h) The Department has determined:
1. Returning home or adoption are not
				appropriate permanency options for the child;
2. The child demonstrates a strong attachment
				to the prospective kinship/relative guardian(s);
3. The kinship/relative prospective
				guardian(s) has a strong commitment to caring permanently for the child;
				and
4. If the child is 14 years of
				age or older, the child consents to the kinship/relative guardianship
				arrangement.
(i) The
				guardian(s) and the Department have entered into a guardianship subsidy
				agreement, signed by both the guardian(s) and Department prior to the
				guardianship being granted.