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Policy Manual

FOSTER AND ADOPTIVE SERVICES
Subsidized Guardianship

41-50-2
Introduction

Purpose of Program

The purpose of the subsidized guardianship program is to 

·          provide a permanent plan for children when they have been placed with relative caregivers and they cannot return home because their own parents have died or are not able to provide them with adequate care in the foreseeable future 

·          provide the relative caregivers with financial and/or medical assistance for the care of the children, and 

·      reduce the number of children in the care or custody  of  the Department.
Program Requirements

The subsidized guardianship program is for the benefit of those children who 

·          are in the care or custody of the Department 

·          have been in foster care for at least twelve (12) months

Note:  The twelve (12) months do not have to be continuous, but may be a cumulative total of time in which a child has been in foster care. 

·          are living with the relative caregiver who is requesting the subsidy 

·          have been living with such relative caregiver for at least twelve (12) months.

Note:  The twelve (12) months do not have to be continuous, but may be a cumulative total of time in which a child has lived with the relative caregiver. 

Application and Assessment

A relative caregiver may submit an application for a guardianship subsidy when 

·          the related child has been in the care or custody of the Department for at least twelve (12) months, and  

·          the Department has conducted a thorough assessment of the child’s placement with the relative caregiver and has determined that transfer of guardianship to the relative caregiver can be recommended.

Note:   The duration of the assessment period shall be for at least twelve (12) months but no longer than eighteen (18) months from the time of the child’s placement with the relative.
Legal References

Public Act 97-272, Section 7; and regulations adopted pursuant to the Act.

Definitions

Care or custody of the Department means the child has been committed to or placed with the Department under a court order. 

Foster care means to be

·          licensed as provided in §§17a-145-130 through 17a-145-160, inclusive, or

·          approved as provided in §§17a-150-51 through 17a-150-123, inclusive  

of the Regulations of Connecticut State Agencies.

 

Guardianship means the guardianship of a minor and includes 

·          the obligation of care or control

·          the authority to make major decisions affecting the child’s welfare which the child cannot make on his/her own including, but not limited to, consent determinations regarding marriage, enlistment in the armed forces and major medical, psychiatric or surgical treatment.  

Related means kinship by blood, marriage or adoption, descended from a common ancestor not more than three (3) generations removed from said child. 

A relative caregiver is a person who is caring for a related child because the parent of the child has died or become otherwise unable to care for the child for reasons that make reunification with the parent not a viable option within the foreseeable future. 

A subsidized guardian is a person to whom legal guardianship has been awarded and who otherwise qualifies for a subsidy according to Department regulations and policy.
Types of Subsidies

There are three (3) types of subsidies available under this program: 

·          a monthly subsidy 

·          eligibility for HUSKY A through a medical subsidy, and 

·        an exceptional expense subsidy.

Eligibility Age of Child for a Subsidy The child is eligible for the above subsidies until he/she reaches eighteen (18) years of age, or twenty-one (21) years of age if the youth is in continuous full time attendance at a secondary school, technical school or college or is in a state accredited job-training program.
Choosing Guardianship or Adoption

If adoption of the child by the relative caregiver is an option, the child’s Social Worker shall counsel the caregiver regarding the advantages and disadvantages of adoption and subsidized guardianship.  The worker may consult with the adoption specialist or permanency planning staff regarding such counseling.  

The discussion with the caregiver shall include the following areas: 

·          the legal differences between termination of parental rights and transfer of guardianship

·          the differences in subsidy requirements and financial benefits

·          the relationship with the birth family

·          visitation issues. 

The goal of such counseling shall be to ensure that the relative caregiver can make a fully informed decision regarding the choice of either option.
Major Steps in Program The table below presents the major steps in the subsidized guardianship program :

 

Step

Description

1 Assessment and recommendation for transfer of guardianship.
2

Determination of the type and amount of the subsidy.

3 Motion to the Court to revoke commitment and transfer guardianship.
4 Annual review of the subsidy.
Right to a Hearing If the relative caregiver disagrees with the Department’s decision regarding the type and amount of the subsidy, the relative may request an administrative hearing.

Connecticut Department of Children and Families Effective Date: November 15, 2004 (Revised)