Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 5 - Foster Care › Chapter 41 - Guardianship Subsidy Program › Section V-4103 - Nonrecurring Expenses in Guardianship Arrangements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Department of Children and Family
				  Services (DCFS) sets forth criteria for reimbursement of nonrecurring expenses
				  associated with establishing guardianship arrangements for children in foster
				  care.
1. The amount of the payment made for
				  nonrecurring expenses associated with establishing guardianship arrangements
				  for children in foster care shall be determined through agreement between the
				  guardian(s) and the DCFS. The agreement must indicate the nature and amount of
				  the nonrecurring expenses to be paid.
2. The agreement for nonrecurring expenses
				  must be signed prior to the final decree granting guardianship.
3. There must be no income eligibility
				  requirement for guardian(s) in determining whether payments for nonrecurring
				  expenses associated with establishing guardianship arrangements for children in
				  foster care shall be made. However, potential guardians cannot be reimbursed
				  for out-of-pocket expenses for which they have otherwise been
				  reimbursed.
4. The maximum rate of
				  reimbursement for nonrecurring expenses has been set at $1000 for children who
				  are not title IV-E eligible and up to $2000 for children who are title IV-E
				  eligible per guardianship arrangement.
5. In cases where siblings are placed and
				  guardianship arrangements established, whether separately or as a unit, each
				  child is treated as an individual with separate reimbursement for nonrecurring
				  expenses up to the maximum amount allowable for each child.
6. In cases where a child has been returned
				  to the custody of the state and a guardianship arrangement dissolved, the child
				  is allowed separate and complete reimbursement for nonrecurring expenses up to
				  the maximum amount allowable for establishing another guardianship
				  arrangement.
7. Reimbursement is
				  limited to costs incurred by or on behalf of guardian(s) not otherwise
				  reimbursed from other sources. Payments for nonrecurring expenses shall be made
				  directly by the DCFS.
8. When the
				  guardianship arrangement for the child involves interstate placement, Louisiana
				  will only be responsible for paying the nonrecurring expenses for the
				  arrangement for the child when Louisiana is the childs legal custodian and
				  enters into the guardianship subsidy agreement with the caregiver.
9. The term nonrecurring expenses in relation
				  to guardianship arrangements means reasonable and necessary legal fees, court
				  costs, attorney fees and other expenses which are directly related to the legal
				  establishment of the guardianship arrangement for a child in foster care, which
				  are not incurred in violation of state or federal law, and which have not been
				  reimbursed from other sources or other funds. Other expenses which are directly
				  related to the legal establishment of the guardianship arrangement for a child
				  in foster care means the costs of the arrangement incurred by or on behalf of
				  the guardians and for which guardians carry the ultimate liability for payment.
				  Such costs may include but are not limited to travel costs for the child and/or
				  guardians to be present for the legal proceedings to establish the guardianship
				  arrangement.