Washington Administrative Code › Title 110 - Children, Youth, and Families, Department of › Chapter 110-85 - Guardianship Assistance Program (Gap) and Extended Guardianship Assistance Program (Egap) › LEGAL BASIS, PURPOSE, AND DEFINITIONS › Section 110-85-0030 - Definitions

Current through Register Vol. 24-14, July 15, 2024
The following definitions apply to this chapter:
"Administrative law judge"
or
"ALJ"
means an impartial decision-maker who is an attorney and presides over an
				  adjudicative proceeding resulting in an initial order, or resulting in a final
				  order if no appeal of the initial order is properly made or if no further
				  agency appeal is available.
"Applicant"
means individuals or couples
				  applying for GAP on behalf of a child or youth for whom the individual or
				  couple plans to be guardians.
"Department"
or
"DCYF"
means the
				  Washington state department of children, youth, and families.
"Extended guardianship assistance program"
or
"EGAP"
means the department's extended guardianship assistance
				  program (EGAP), for eligible youth 18 through 20 years of age.
"Extenuating circumstances"
means a finding by
				  an administrative law judge or a review judge that one or more qualifying
				  conditions or events occurred that erroneously prevented an otherwise eligible
				  child or youth from receiving a GAP subsidy before the guardianship was
				  established.
"GAP"
means the department's guardianship
				  assistance program (GAP), for eligible children and youth birth to their 18th
				  birthday.
"Guardians"
means the individuals or couples who
				  have been appointed by a court as a legal guardian of the child or youth in a
				  chapter 13.36 RCW or RCW    11.130.215 guardianship. The term includes a
				  coguardian, but does not include a guardian ad-litem.
"Guardianship"
means a guardianship pursuant to
				  chapter 13.36 RCW or a limited guardianship of a minor pursuant to chapter
				  11.130 RCW or equivalent laws of another state or a federally recognized Indian
				  tribe.
"Guardianship assistance program agreement"
or
"GAP agreement"
means a written contract between the guardian and
				  the department that identifies the terms and conditions of the agreement and
				  specific subsidy, per WAC 110-85-0040, available to the guardian.
"Guardianship assistance program cash payment"
or
"GAP cash payment"
means the monthly cash payment paid by the
				  department to the guardian on behalf of the child or youth pursuant to a
				  guardianship assistance program agreement.
"Indian children"
means any unmarried and
				  unemancipated Indian person who is under age 18 and is, as determined by the
				  Indian child's tribe or tribes, one of the following:
(a) A member of an Indian tribe; or
(b) Is eligible for membership in an Indian
				tribe.
"Medical services"
means services covered by
				  medicaid and administered by the state medical assistance
				  administration.
"Negotiation"
means the process when the
				  department and the applicant attempt to reach an agreement on the terms of the
				  GAP agreement.
"Nonrecurring guardianship expenses"
means
				  expenses directly related to the cost of establishing the chapter 13.36 or
				  11.130 RCW guardianship of a dependent child or youth.
"OAH"
means the office of administrative
				  hearings.
"Relatives"
means the same as defined in RCW
				     13.36.020(5), described in RCW    74.15.020(2) and 11.130.010(32), or caregivers
				  of Indian children or youth who are defined by their tribal code or custom as
				  relatives or extended family.
"Resident state"
means the state in which the
				  child or youth physically resides for purposes of their medicaid eligibility.
				  In some cases, this may be different from the state of the guardian's legal
				  residence.
"Subsidy"
is a benefit given to an individual by
				  DCYF including, but not limited to, cash payments and payment for
				  services.
"Successor guardian"
means an individual who has
				  become the child's or youth's guardian due to the death or incapacity of the
				  original guardian and was named in the GAP agreement.
"Title IV-E administering agency"
means DCYF and
				  federally recognized tribes with federally approved Title IV-E plans pursuant
				  to section 471 of the Social Security Act or an approved operational agreement
				  with DCYF.