What is the Title IV-E Guardianship Assistance Program?

Taking on the responsibility of raising a child who can't be with their parents is a big decision. The Title IV-E Guardianship Assistance Program (GAP) can be a valuable resource for family members who become legal guardians of children previously in the care of foster parents.

What is guardianship?

Guardianship is a legal arrangement in which a court appoints an individual to care for and make decisions on behalf of a minor or incapacitated person. The guardian has the authority to manage the person's personal, medical, and financial affairs while maintaining their legal rights.

Difference between guardianship and adoption

The primary difference between guardianship and adoption is that guardianship does not terminate the biological parent's legal rights, whereas adoption permanently severs the legal ties between the biological parents and the child, transferring all parental rights and responsibilities to the adoptive parents. Legal guardianship is typically temporary and can be revoked, while adoption is a permanent legal change.

What is the Guardianship Assistance Program?

The Title IV-E Guardianship Assistance Program (GAP) provides federal funding to support relatives who become legal guardians of children in foster care. GAP is a formal type of kinship care where the caregiver becomes the legal guardian through a court process.

This program helps ensure that children in foster care can achieve permanency with relatives rather than staying in the foster care system. GAP offers financial assistance to guardians to cover the costs associated with raising the child, similar to adoption assistance. This support helps promote stability and continuity in the child's life while maintaining familial connections.

Eligibility criteria

Each state administers the Title IV-E GAP program so that eligibility requirements might vary slightly. It's best to contact your local Department of Social Services to determine if you and the child qualify. They'll assess the situation and guide you through the application process.

Generally speaking, eligibility requirements for the Title IV-E Guardianship Assistance Program (GAP) include the following:

1. Eligible children:
   • The child must have been removed from their home due to a court order.
   • The child must have been eligible for Title IV-E foster care maintenance payments while living with the prospective guardian.
   • The child must demonstrate a strong attachment to the prospective guardian and believe it is in the child's best interest to remain with them permanently.
2. Eligible guardian:
   • The prospective guardian must be a relative of the child.
   • The guardian must have undergone and passed a criminal background check.
   • The guardian must be committed to caring for the child permanently.
3. Permanency Plan:
   • Adoption and reunification must not be suitable permanency options for the child, leaving guardianship as the preferred alternative.

Benefits and services provided

The Title IV-E Guardianship Assistance Program (GAP) provides several benefits and services to support eligible children and their guardians:

1. Financial assistance: Guardians receive monthly subsidy payments to help cover the costs of raising the child. These payments are similar to foster care maintenance payments and vary based on the child's needs and the state's guidelines.
2. Medical assistance: Children in the GAP program are typically eligible for Medicaid, ensuring access to necessary medical and dental care.
3. Non-recurring expenses: One-time reimbursement for guardianship-related expenses, such as legal fees and court costs, may be provided to assist with the guardianship process.
4. Support services: Guardians and children may access post-guardianship support services, such as counseling, respite care, and other community-based services, to help stabilize and strengthen the guardianship arrangement.

These benefits and services aim to promote stability and well-being for children in guardianship arrangements while supporting the guardians who care for them.

Applying for Guardianship Assistance

Applying for Guardianship Assistance under the Title IV-E Guardianship Assistance Program (GAP) typically involves several steps:

1. Eligibility determination: Both the child and the prospective guardian must meet the program's eligibility criteria. This includes verifying the child's foster care status and the guardian's relationship to the child and passing required background checks.
2. Legal guardianship process: Work with a child welfare agency or attorney to initiate and complete the legal process of obtaining guardianship. This may involve court hearings and the submission of various legal documents.
3. Case plan development: Collaborate with the child welfare agency to develop a case plan that outlines the guardianship arrangement and confirms that guardianship is in the child's best interest. This plan must demonstrate that reunification and adoption are not suitable options.
4. Application submission: You can get the application for guardianship assistance from the state or local child welfare agency responsible for administering the Guardianship Assistance Program (GAP). This application typically requires eligibility documentation, financial need, and the child's attachment to the prospective guardian.
5. Approval and agreement: Once the application is reviewed and approved, the guardian and the child welfare agency will enter into a written guardianship assistance agreement outlining the terms of the guardianship assistance, including the amount of financial support and any additional services the child and guardian are entitled to.
6. Receive benefits: Upon approval and finalization of the guardianship, the guardian will begin receiving the agreed-upon Title IV-E foster care payments and any other benefits stipulated in the agreement.

A note from Givers

Remember, raising a child is a significant commitment, but with the support of this program, provide a nurturing and safe home for a child in need. More helpful resources:

• The Administration for Children and Families Title IV-E Guardianship Assistance Program
• National Conference of State Legislatures - Kinship Care
• Child Welfare Information Gateway - Guardianship

Become a legal guardian and create a lasting, positive impact on a child's life.

Related article: What is Kinship Care? >>