NORTH DAKOTA DEPARTMENT OF HUMAN SERVICES
BISMARCK, NORTH DAKOTA
February 2, 2005

IM #4960

TO:	County Social Service Directors
		Economic Assistance Policy Regional Representatives
	Economic Assistance Policy Quality Control Reviewers
	Regional Representatives of County Social Services
	
FROM:	Blaine Nordwall, Director, Economic Assistance Policy
	Paul Ronningen, Director, Children and Family Services Division

SUBJECT:	Temporary Assistance for Needy Families (TANF) Kinship Care Assistance
		
PROGRAMS:	Temporary Assistance for Needy Families, Low Income Home Energy Assistance Program, Food Stamp Program, Medicaid, and Child Care Program
	Children and Family Services

EFFECTIVE:	February 1, 2005 

RETENTION: 	Until Manualized

Purpose
TANF Kinship Care assistance expands the options for placement of children who are in the care, custody, and control of County Social Services by providing enhanced funding and services to those found eligible for the program. 

Policy
If a child(ren) is placed with a relative within the fifth degree of relationship by a county agency that has care, custody, and control of the child(ren); the child(ren) may be eligible for TANF Kinship Care supportive services, and a TANF benefit for the same amount as the standard of need for a shared living arrangement and:

1.	A court of competent jurisdiction must have entered an order placing a child’s care, custody, and control with a county agency.  Care, custody and control must be maintained for the child to be eligible for this assistance.  Eligibility for TANF Kinship Care ends when the county no longer has care, custody and control of the child(ren).  The family may remain eligible under the TANF program if all eligibility requirements are met. 

2.	Before placing a child in TANF Kinship Care for more than thirty days, the county agency with care, custody, and control of the child must have completed a Kinship Care Study (SFN 426 available as an E-form), a child abuse and neglect background check, Kinship Placement (SFN 423 available as an E-form), and Kinship Care Agreement (SFN 424 available as an E-form).  A Criminal Background check must be completed within 90 days of placement along with other investigations as the department may determine necessary.  These forms are completed by the social worker.

3.	To request TANF Kinship Care assistance, a TANF Application for Assistance must be completed and signed by the relative caretaker.  Eligibility for TANF Kinship Care may be established on the date the county office receives the signed request or the date conditions under 1 and 2 above are met, whichever is later.

4.	All factors of TANF eligibility apply including

•	A child in receipt of Supplemental Security Income (SSI) is not eligible for TANF Kinship Care assistance, 

•	Child Support Enforcement requirements, 

•	Monthly reporting, countable income received by or for the Kinship Care child(ren), and 

•	Failure to comply with TANF program requirements may lead to case closure.

•	A relative is within the fifth degree of kinship if the relative is the child’s sibling, niece, nephew, grand-niece, grand-nephew, grandparent, aunt, uncle, first cousin, first cousin once removed, great grandparent, great aunt, great uncle, parent’s first cousin, great, great grandparent, great, great aunt, great, great uncle, or great, great, great grandparent, by birth, marriage, or adoption.

5.	The Kinship Care caretaker must physically reside with the child and must take reasonable steps to secure all earned rights benefits to which the child(ren) may be entitled and redirect all monies to which the child is eligible including but not limited to Social Security benefits (i.e. survivors benefits or disability benefits) or Veteran’s benefits. The caretaker may not receive a TANF benefit with Kinship Care supportive services and Foster Care payments for the same child(ren) for the same month. A TANF caretaker may receive TANF Kinship Care supportive services to meet the needs of a Kinship Care child(ren) included in the TANF benefit if the child(ren) are otherwise eligible for TANF.

Supportive Services
Supportive services provides reimbursements for child care expenses, transportation, clothing, emergency needs, activity fees, and, as a payer of last resort, reasonable legal fees incurred by or on behalf of a child, and approved by the department.  Supportive services may provide reimbursements within the limits established by the department under the Foster Care program. Any approved supportive services reimbursement will be paid retroactively and require proof of costs incurred.

1.	Child care reimbursement

a.	Caretaker(s) income is not used to determine the childcare reimbursement.

b.	Reimbursement is available for caretaker(s) paid employment, paid employment and education, or work search where care is necessary and no other responsible adult member resides in the home.

c.	The child care provider must be a licensed or certified provider operating for that purpose unless the eligibility worker and social worker determines conditions prevent care from being provided outside the home or verified barriers prevent child care arrangements outside the home. If the eligibility worker and social worker determine in home child care is appropriate, reimbursements always must be made through the TANF benefit and not the Child Care Assistance Program. Note:  Child care reimbursements are to be made through the TANF benefit until the Child Care Assistance program computer system is updated.

d.	The Kinship Care child to whom care is provided must be younger than 13 years of age.  (Requests for reimbursement for care provided to children between 13 and 18 years of age will require current, competent medical evidence from a physician, psychologist, or clinical specialist that clearly confirms the need).

e.	Reimbursement for the costs of care may not exceed current Child Care Assistance rates by more than 25%, and is subject to the Child Care Assistance Tier schedule (allowable cost is defined by the number of hours of care provided the child, as related to the number of hours in which the Kinship Care Giver was engaged in allowable activities).  Example – The maximum allowed for an infant in a center is $460 per month.  A Kinship Care child maximum would be $575 ($460 X25% = $115 + $460 = $575).

2.	Initial and special clothing allowance reimbursement:

a.	Initial Clothing Allowance - During the first five months after the child enters a Kinship Care arrangement, the child’s clothing needs can be met with an initial clothing allowance, if needed.  The initial clothing allowance must be requested and prior approval received. A list of clothing purchases and receipts must be submitted to the county for reimbursement.

b.	Special Clothing Allowance - A special clothing allowance may be authorized to replace clothing lost in a fire, flood, theft, or other disasters, or for sudden spurts of growth.  The special clothing allowance rate is for emergency and extraordinary circumstances and should rarely be used in meeting the needs of the child.  The special allowance is not an entitlement, but an exception.

c.	Following are the allowable rates for the initial and special clothing allowance established under Family Foster Care:

•	Children ages 0 – 4 years of age $150 maximum per year per child.
•	Children ages 5 – 12 years of age $225 maximum per year per child.
•	Children ages 13 – over $300 maximum per year per child.

3.	Legal fees incurred by the Kinship Care caretaker necessary to secure legal guardianship of the Kinship child.  Reimbursement may not exceed $700 and is the payer of last resort.  Funds designated for that purpose, as currently administered by NDDHS Children and Family Services Reimbursement for Legal fees will be allowed only if the Kinship Care caretaker requested and received specific approval from the eligibility worker and social worker prior to the services being provided.
 
4.	School Supplies/Activity fees may be reimbursed for such reasons as:

Charges for participation in school and community activities (uniform or supply rentals, activity fees, transportation costs, school pictures, field trips, school supplies, class ring, prom dress/tux, camps, music lessons/lease/purchase of musical instruments, etc.).  Following are the allowable rates established under Family Foster Care:

a.	Children ages 0 – 4 years of age $200 per year
b.	Children ages 5 – 12 years of age $500 per year
c.	Children 13 and over - $700 per year 

5.	Emergency needs, not to exceed $500, to meet expenses for which non-payment would threaten the placement as determined by the eligibility worker and social worker.  The $500 is a one-time option that may be reimbursed in one payment or several payments not to exceed a total of $500.  Reimbursement for miscellaneous expenses will be allowed only if the Kinship Care caretaker requested and received specific approval from the eligibility worker and social worker prior to the services being provided.

6.	Transportation costs may be reimbursed on travel for the Kinship Care child(ren) for reasonable travel to the child(ren)’s parental home for visitation.  The allowable reimbursement is the same as the Department’s reimbursement rates for travel. Example - The Department’s reimbursement for mileage is $.31 per mile.  The caretaker may be reimbursed based on receipts or at $.31 per mile but not to exceed $.31 per mile reimbursement rate.

TANF Eligibility Worker Role
•	Upon receipt of required information and forms from the social worker, inform the Kinship Care family and the social worker of the date and time of the face-to-face interview. Provide the family with a North Dakota Kinship Care Program brochure (DN891). The brochure is available upon request. 

•	Forward copies of correspondence, eligibility determinations, benefit determinations, and supportive service reimbursements to the social worker.

•	Notify social work staff when issues that might jeopardize continued eligibility for TANF Kinship Care assistance become known (i.e. no monthly report, not cooperating with Child Support Enforcement requirements, not providing required information/verification, etc.).

•	Participate in the child(ren)’s quarterly Permanency Planning meeting as appropriate.

•	Be involved in all aspects of the Kinship Care case except the Kinship Care Study process.

•	Review supportive service requests with the social worker.  The eligibility worker has the final decision making authority on TANF program eligibility requirements and supportive service payments.

Social Worker Role
•	Provide families potentially eligible for TANF Kinship Care Assistance with a TANF Application for Benefits (Part 2 of SFN 405), program information, and verifications required under the TANF program. 

•	Notify the eligibility worker of any changes that may effect ongoing eligibility such as a change in the child(ren)’s residency, change in the child(ren)’s school status, in individuals living in the home, a change in the legal status of the Kinship Care child(ren), and a change or addition of income of a child(ren) on TANF Kinship Care assistance. 

•	Forward a copy of the signed Kinship Care Agreement, approved Kinship Care Study, copy of the court order, and a signed TANF Application for Assistance to the appropriate eligibility worker.

•	Participate in face-to-face interview and the assessment process at the time of application and redetermination for TANF. 

•	Annually review pertinent aspects of placement with the eligibility worker. 

•	Determine the need for requests for supportive services and forward to the eligibility worker along with a payment recommendation. 

•	Communicate the status of the placement and continued eligibility for TANF Kinship Care assistance.

•	Notify the eligibility worker of the date and time of quarterly Permanency Planning meetings.

Vision System Processing
1.	Open Reason – There is a new open reason of Kinship Care.
 
2.	Relationship window - a check box has been added to indicate if the child is a Kinship Care child.  This box must be checked in order to create supportive service payments.

3.	Create Supportive Services/Special Allowances – added a new category type of Kinship Care.  Under Kinship Care there is a drop down box with the following titles:

•	Emergency Need 

•	Child Care Employment

•	Child Care Training/Work Search

•	Clothing Allowance  - There is one Clothing Allowance option in Vision.  Vision determines the maximum allowable per entry based on the age of the child(ren).  If an amount is entered that exceeds the allowable amount, you will receive an edit.  The amounts cannot exceed the maximums allowed in any given month.

•	School Supplies/Activities – There is one School Supplies/Activities option in Vision. Vision determines the maximum allowable per entry based on the age of the child(ren).  If an amount is entered that exceeds the allowable amount, you will receive an edit. 

•	Transportation Reimbursement 

•	Legal Services Reimbursement

4.	TANF Budget Detail window – Under Inquiry added Kinship Care summary. All supportive services paid will display in the summary section.

Food Stamps
Temporary Assistance for Needy Families (TANF) Kinship Care Assistance is treated differently then the Foster Care Kinship Care.  TANF Kinship Care children must be included as household members for food stamp purposes.  The TANF Kinship Care monthly maintenance payments must be counted as unearned income.  The TANF supportive services that TANF Kinship Care Assistance household may receive that represent a reimbursement are not counted as income.

This policy is effective February 1, 2005 for new applications and recertifications received on or after that date and for the benefit month of March 2005 for ongoing cases.

Child Care Assistance Program
Individuals eligible for TANF Kinship Care are considered TANF recipients.  These payments are considered TANF benefits and disregarded. Child care costs will be paid at 100% beginning of the month of the start date of TANF benefits provided other child care regulations are met (TANF Recipient 400-26-10-03-05).

Currently the Child Care Assistance system cannot accommodate Kinship Care childcare supportive service reimbursements.  All reimbursements are to be made through the TANF benefit.  An FYI will be sent out when the Child Care Assistance system is available for this use.

Low Income Home Energy Assistance Program (LIHEAP)
LIHEAP will count TANF Kinship Care payments as income the same as a TANF benefit.  The child will be counted as a member of the household and their bedroom will be counted.

Medicaid
Individuals eligible for TANF Kinship Care are considered TANF recipients.  These payments are considered TANF benefits and disregarded in determining Medicaid eligibility based on Medicaid Manual Chapter 510-05-85-30, #2.

Training
Training on Kinship Care policy will occur at a future date.  You will be notified of the training through an FYI.

If you have questions, please contact your Regional Representative.