Establishing Subsidized Guardianship 623-10-01-65
(Revised 2/20/07 ML #3066)
Guardianship is considered only after other options such as return home, termination of parental rights, and adoption are ruled out. Any consideration of guardianship is the responsibility of the child’s custodian (county, Division of Juvenile Services (DJS), tribe, Executive Director) working with the permanency planning committee. This discussion and agreement of the parties is necessary to proceed with exploration of a subsidy.
When a family permanency resource has been identified for a child in custody and guardianship appears the best alternate permanent arrangement, the child may be eligible for a subsidized guardianship. This is not an entitlement for either the subsidy or cost of establishing a legal guardianship.
It is important to keep in mind that two processes must be accomplished in tandem to effect a subsidized guardianship:
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Subsidy Application/Approval Process:
Prospective Guardian Assessment (Home Study), background check, etc.
Child’s Eligibility:
“Subsidized Guardianship Contingent Approval”
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Legal Process:
Identification of attorney/beginning contacts regarding legal process, etc.
Report to the court including home assessment and background checks.
Guardianship awarded by the court.
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Final Approval for Subsidized Guardianship
This takes place after the subsidy pre-approval process and after the court awards guardianship and the court documentation is forwarded to CFS. (“Application for Subsidized Guardianship,” SFN 1833). The process culminates in a written agreement between the guardian and the Department for the payment of the subsidy for the child. (“Agreement for Subsidized Guardianship,” SFN 1832)
Due to demand for subsidized guardianship and the limited funds, priority for subsidized guardianship will be given to youth 16+.* |
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* Note that priority is given to youth 16+. Sibling groups will also be given priority status if one member of the group is 16+.
