a) Description
The Department of Children and Family Services has received waivers from the Federal Department of Health and Human Services under Section 1130 of the Social Security Act to operate a child welfare demonstration project called subsidized guardianship. Subsidized guardianship was created to meet the needs of children living with caregivers who provide a stable and safe placement, but for whom goals of adoption and return home have been ruled out as permanency goals. Subsidized guardianship is available to children in placements where the caregiver has consistently demonstrated the ability to meet the child's physical and emotional needs and where reunification with the birth parents is unlikely because of at least one of the following reasons:
o parents have not cooperated with services,
o parents are deceased or their whereabouts are unknown, or
o parents are willing to consent to the transfer of guardianship.
Subsidized guardianship involves the transfer of legal responsibility for a DCFS ward from public custody or guardianship to a private caregiver who becomes the legal guardian of the child. Unlike adoption, subsidized guardianship does not require the surrender or termination of parental rights. The parent(s) is still liable for the financial support of the child, but the rights of care, custody, and supervision of the child are assigned to the guardian. The guardian can exercise these rights until the child reaches the age of 18 or until the guardianship status is vacated by the court. Financial assistance may continue until the child reaches 19 years of age if the child is still in high school or, at the Department's discretion until the child reaches age 21, if the child has a physical, mental, or emotional disability.
b) When Subsidized Guardianship is Appropriate
1) Eligibility Criteria
Subsidized guardianship is a permanency status that a worker can consider for a child when the following conditions have been met:
A) The child has been in the custody of the State for one year or more immediately prior to establishing subsidized guardianship and is likely to remain in care.
B) The child has resided with the prospective private guardian (relative caregiver or non-relative foster care provider) for at least one year immediately prior to establishing subsidized guardianship.
EXCEPTION: The one year placement requirement is not applicable for sibling groups when at least one sibling meets all subsidized guardianship criteria. For this exception to apply, the siblings must live in the same placement.
C) A child living in the home of a non-relative must be at least 12 years of age.
EXCEPTION: The age criteria is not applicable for sibling groups when at least one sibling meets all subsidized guardianship criteria. A child under the age of 12 who has no older siblings that are being considered for subsidized guardianship can be assigned a subsidized guardian, but the worker must determine that subsidized guardianship is in the child's best interest due to the length of time the child has been in the home, the age of the child, the special needs of the child, and the characteristics, responsibilities, and limitations, including health and mobility of the caregivers. The basis for the best interest decision must be documented and must be approved personally by the Guardianship Administrator. This approval cannot be given by an authorized agent.
D) The child has a strong attachment to the prospective guardian and the guardian has a strong commitment to the child.
E) The permanency goals of return home and adoption have been ruled out for this child and documented in the case record.
F) The parent has consented to the subsidized guardianship arrangement or the Department has good cause to seek a private guardian without consent.
H) The child, if 14 years of age or older, has consented to the subsidized guardianship living arrangement. The child shall sign the CFS 483-1, Caregiver Permanency Planning Checklist, to indicate his or her consent. In addition, the child's signature is required on the CFS 482-A, Agreement for Subsidized Guardianship.
I) The prospective guardian has no record of a felony conviction. For a licensed caregiver, the worker shall contact the Central Office of Licensing to ensure that the prospective guardian has never been convicted of a felony offense. For an unlicensed relative, the caseworker should use the CANTS/LEADS information that is gathered every six months prior to the Administrative Case Review.
A child who is randomly assigned to a cost-neutrality group, is not eligible for subsidized guardianship. See Subsection (f) of Rule Section 302.405.
2) Assessing a Case for Subsidized Guardianship
For children who meet the criteria in (b)(1) above, the caseworker shall assess the appropriateness of a case for Subsidized Guardianship by completing the CFS 483, Caseworker Permanency Planning Checklist and the CFS 483-1, Caregiver Permanency Planning Checklist.
A CFS 483, Caseworker Permanency Planning Checklist, must be completed for every child in the home that meets the criteria in (b)(1) above. The form should becompleted and approved by the casework supervisor prior to discussing subsidized guardianship with the caregiver. Completion of the form will help the caseworker determine whether a permanency goal such as adoption or subsidized guardianship should be explored with the caregiver. To ensure thorough completion of the CFS 483, Caseworker Permanency Planning Checklist, the worker must:
A) determine that the child is not in the cost-neutrality group by referencing ISD generated monthly reports and/or making inquiry into CYCIS Screen CM-24. A child who is in the cost neutrality group will be identified by an AFDC/MANG number that contains "711" or "71X" (X meaning a different number than 1) and is not eligible for subsidized guardianship. A child in the demonstration group will be identified by an AFDC/MANG number that contains "611" or "61X". Only children in the demonstration group are eligible for subsidized guardianship. (e.g. If a child has an AFDC/MANG Number of 9871101T0049606, that child would be a member of the cost neutrality group. A child with an AFDC/MANG Number of 9861201T0049607 would be a member of the demonstration group.) If an AFDC/MANG number other than "611", "61X", "711" or "71X" appears, it means that child does not meet the criteria for subsidized guardianship and has not been assigned to either the demonstration or cost neutrality groups. The child will be assigned to one of the groups if they later meet one of the minimum criteria.
B) for a licensed caregiver, contact the Central Office of Licensing to ensure that the prospective guardian has never been convicted of a felony offense. For an unlicensed relative, the caseworker should use the CANTS/LEADS information that is gathered every six months prior to the Administrative Case Review.
C) contact the child's school, if applicable, to determine whether the caregiver has worked cooperatively with the school regarding the child's academic needs and to ensure that the child does not have educational needs which require additional case management services;
D) contact the child's medical provider to ensure that the child is receiving appropriate medical care and that the child has no extraordinary medical needs which require additional case management services;
E) review the case file to ensure that there have been no unusual incident reports that reflect adversely on the caregiver's capability to provide adequate care to the child; and
F) contact the Interstate Compact Office if subsidized guardianship is being considered for an out-of-state child.
The CFS 483-1, Caregiver Permanency Planning Checklist should be completed for every child who meets the eligibility criteria for subsidized guardianship and for whom the appointment of a subsidized guardian is being considered. Completing the checklist with the caregiver will helpdetermine whether the caregiver is appropriate to appoint as the subsidized guardian of eligible children in the home. The form should be approved by the casework supervisor, the caregiver, the child if 14 years of age or older, and the adoption supervisor/coordinator prior to pursuing adoption, subsidized guardianship, or an alternative permanency goal for the child. Agencies with their own adoption/guardian specialists can use their own adoption/guardianship supervisors to sign off on the CFS 483-1, Caregiver Permanency Planning Checklist. Agencies without adoption/guardianship specialists must use their DCFS regional adoption coordinator/supervisor outside Cook County, or the POS Adoption Unit in Cook County. To ensure thorough completion of the CFS 483-1, Caregiver Permanency Planning Checklist, the worker must:
i) determine whether the child is receiving SSA benefits or has other income by contacting the Children's Accounts Unit in Springfield (217) 524-1976;
ii) meet with the caregiver to discuss permanency goals such as subsidized guardianship and adoption and ascertain the caregiver's understanding of the different permanency goals. The worker should follow procedures to utilize adoption specialists and legal screening as set forth by each region. Whenever possible, it is important to try to include the biological parents in permanency discussions;
iii) meet with the caregiver to complete the CFS 483-1, Caregiver Permanency Assessment; and
iv) meet with the children for whom subsidized guardianship is being discussed to determine their permanency expectations and desires. Children who are 14 years of age and older have to consent to the subsidized guardianship arrangement and therefore need to be a part of the planning process.
The assessment of the appropriateness of a child for subsidized guardianship should be conducted from a family systems perspective. However, children are assigned to subsidized guardianship on a case by case basis. Therefore, subsidized guardianship does not have to be the goal for all the children in the home for one child to be assigned to the status.
The decision to pursue subsidized guardianship status will be made by the caseworker, the caregiver, the caseworker's supervisor, and the adoption coordinator/supervisor based on the completed assessment. Guardianship must be granted to the caregiver by the Court and the subsidy must be approved by the Department of Children and Family Services.
3) Establishing Subsidized Guardianship
A) As part of the assessment, the worker is responsible for reviewing with the caregiver the duties and responsibilities of their new role.
B) In order to establish subsidized guardianship, the worker must complete the following:
o CFS 483, Caseworker and CFS 483-1, Caregiver Permanency Planning Checklist that recommends Subsidized Guardianship as the permanency goal;
o A screening packet and legal review;
o A revised CFS 497, Client Service Plan, shall be completed, establishing subsidized guardianship as the new permanency goal and outlining the reasons why this goal was chosen, the tasks and objectives required to achieve the goal, and a description of the child's adjustment in the placement. When subsidized guardianship is assigned outside of a regularly scheduled Administrative Case Review, copies of the service plan shall be distributed in accordance with the requirements of Rule Section 305.50(c);
o CFS 1420, Case Review Form, must be submitted to revise the child's permanency goal to the permanency option of subsidized guardianship. The two digit code to be entered is "10". The Date Goal Established shall be the date that the caseworker amends that service plan and begins the transfer process and Planned Achievement Date shall be the estimated month/year that the court is going to transfer guardianship to the caregiver;
o A Subsidized Guardianship packet (see paragraph (4) below "Preparing a Subsidized Guardianship Packet");
o A Subsidized Guardianship application (see paragraph (6) on page 9 "Subsidy Application Process").
4) Preparing a Subsidized Guardianship Packet
Children who are eligible for a subsidy through the subsidized guardianship program must meet the criteria that is outlined above on page 1, "Eligibility Criteria" It is up to the worker to determine whether the child is eligible for subsidized guardianship and inform the caregiver of the child's eligibility. If the caregiver decides to apply for subsidized guardianship, the caregiver must complete the CFS 482, Subsidized Guardianship Information and Application Form. This form must be included in the financial section of the case file.
The types of assistance that may be provided include:
A) One-time only Payments (Service Code 1930)
A one-time only payment may be made, after finalization, for legal fees related to completion of the subsidized guardianship of a special needs child. The amount the Department will approve for legal fees shall be limited to what is usual, customary and reasonable in the community and cannot exceed $500.00 per child for all nonrecurring expenses of the subsidized guardianship.
In no case shall the total amount of all nonrecurring payments exceed $500.00 per child.
Selection of Attorneys:
Subsidized guardians shall select the attorney of their choice. The only limitation is that the attorney must be licensed to practice law in Illinois.
If subsidized guardians wish to select attorneys prequalified by DCFS and/or for DCFS to pay their attorney directly, they must choose an attorney who is on the Statewide Adoption Attorney Panel.
If subsidized guardians choose an attorney who is not on the Statewide Adoption Attorney Panel, they will be required to pay the attorney's fees and costs themselves. Once they can provide proof of payment, they can request reimbursement from DCFS.
DCFS and private agency workers are not to refer subsidized guardians to attorneys. If a subsidized guardian wants the name of a qualified, trained attorney who is on the Statewide Adoption Attorney Panel, he or she should be advised to call the DCFS Advocacy Office for Children and Families at (800) 232-3798 or check the DCFS web site at www.state.il.us/dcfs. The subsidized guardian may also be referred to a foster parent association for assistance in selecting an attorney.
Statewide Adoption Attorney Panel:
For the convenience of prospective subsidized guardians, the Department has established a Statewide Adoption Attorney Panel. This is a listing of attorneys who have met the following established criteria:
· Have a current license to practice law in Illinois and a history of compliance with the Illinois Rules of Professional Conduct;
· Have malpractice insurance coverage;
· Have at least three years of practice as an attorney;
· Have represented adoptive parents in at least five adoptions in the last two years. Siblings adopted at the same time count as one case;
· Have completed DCFS training on subsidized guardian agreements and subsidized guardian issues;
Any attorney may apply to be on the Statewide Adoption Attorney Panel at any time. To obtain an application, the attorney should call the Department's Office of Legal Services at 312-814-8752.
Attorneys whose names appear on the Statewide Adoption Attorney Panel will be reimbursed directly by DCFS for reasonable and necessary costs of a subsidized guardianship.
Payment
The Department will pay a maximum of $500 per child for nonrecurring subsidized guardian expenses. These expenses include reasonable and necessary fees, court costs, attorney fees, and Guardian ad litem fees that are directly related to a legal subsidized guardianship proceeding of a child with special needs.
DCFS will pay attorneys who are on the Statewide Adoption Attorney Panel directly for reasonable and necessary legal fees and costs on behalf of subsidized guardians.
When a subsidized guardian selects an attorney who is not on the Statewide Adoption Attorney Panel, DCFS will pay the subsidized guardian directly for all non-recurring subsidized guardianship expenses, including legal fees, up to the maximum of $500 per child. To request reimbursement, guardians must submit proof of payment, an itemized invoice from the attorney, and a copy of the guardianship order to:
Cook County
The DCFS Post-Adoption Unit
1921 S. Indiana, 4th Floor
Chicago, IL 60616
Downstate
DCFS Regional Office
Attorney Review of Subsidies
Attorneys are responsible for reviewing and negotiating to completion the subsidized guardianship agreement (subsidy). Upon attorney request, Departmental staff must supply needed documentation for the attorney to successfully review the subsidy. Such documentation would include anything that relates to the child's special needs (i.e. medical documents, psychological assessments, school reports). If the supporting documentation contains confidential information, such as the name or address of the birth parent, said information must be redacted from the document prior to forwarding to the attorney.
B) Health and Special Care Needs (Service Code 1130 - Medical/0430 - Counseling)
The Department may pay for physical, emotional, and mental health needs, not wholly payable through public or private insurance or other public resources. However, these must be needs associated with or resulting from a medical condition(s) whose onset has been established prior to the transfer of guardianship. In addition to health care benefits through the issuance of a Medicaid card, the Department may pay for counseling services for the guardian and children for whom guardianship has been transferred following the transfer of guardianship.
C) Ongoing Monthly Payments
In order to receive an ongoing monthly payment, in an amount not to exceed the licensed foster family care payment level, a child must meet the eligibility criteria requirements in subsection (b)(1), "Eligibility Criteria" of these procedures. The initial subsidy amount will be reduced by the amount of any SSA or other benefits which the child is receiving.
Prior to completing the subsidy packet the worker must have the following:
Social Security Number for the child for whom a guardian is being appointed. If the file indicates that the child is eligible for SSI, the child's Social Security Number is the claim number and if the child is eligible for SSA, the parent's Social Security Number is the claim number. CYCIS Screen CR05 contains the child's Social Security Number or the Children's Accounts Unit in Springfield can provide this information to private agencies if it is not in the case file.
To complete the subsidy packet the following forms must be completed in quadruplicate and compiled into four packets in the order listed below. All forms must be typed.
1) CFS 481 Subsidized Guardianship Program-Child's Summary
2) CFS 482 Subsidized Guardianship Information and Application Form
3) CFS 482-A Agreement For Guardianship Assistance
4) Professional records, summaries, histories, statements
5) Copies of the CFS 483, Caseworker Permanency Planning Checklist, and CFS 483-1, Caregiver Permanency Planning Checklist
All sets of the subsidy packet require the original signature of the prospective guardian.
The signed subsidy packets should be sent to the appropriate DCFS regional adoption supervisor/coordinator for approval. In Cook County, private agencies should send the packets to the POS Adoption Unit for approval. After the transfer of guardianship is finalized in Court, the DCFS supervisor/coordinator will distribute the approved subsidy packet to the following persons/places:
o Adoption Assistance Unit (along with the subsidy application)
o Current DCFS or POS caseworker (Cook County)for the case file
o Subsidized Guardian
o DCFS Legal
In Cook County, the private agency supervisors are responsible for the above distribution
5) Referring a Case to Court for the Transfer of Guardianship
Before a case is brought to court to request the appropriate order to transfer guardianship, it will be screened by the Department's Regional Counsel. Workers should contact the Regional Counsel in their region and request a copy of the screening packet which must be completed before the screening appointment. Workers must also bring an approved subsidy packet to the screening appointment. In Cook County the worker must also bring the CFS 483, Caseworker Permanency Planning Checklist, CFS 483-1, Caregiver Permanency Planning Checklist, the amended CFS 497, Service Plan, and CFS 1420, Case Review Form. In Downstate Regions, only the CFS 483 and CFS 483-1 need be brought to the Legal Screening.
The Regional Counsel will review the materials and meet with the worker to discuss whether the case is appropriate for court action or whether additional steps must be taken to prepare the case.
The procedures for what happens between legal screening and the actual court date vary across regions. Workers should consult their regional counsel for further information.
6) Subsidy Application Packet
The subsidy application packet must be completed by the worker within five working days after the transfer of guardianship. The subsidy application packet consists of:
o the CFS 1420, Case Review Form.
o the CFS 1425, Change of Status Form.
o the CFS 906/906-1, Placement/Payment Authorization Form.
Downstate, the completed subsidy application packet must then be sent to the appropriate regional adoption supervisor/coordinator who will transfer the material to the appropriate office for coding within five days after receipt. In Cook County, the subsidy application packet must be sent by DCFS or private agency staff directly to the Adoption Assistance Unit.
The worker shall prepare the case file for transfer by following procedures in accordance with Section 5.7 and 5.10 of Administrative Procedures #5.
CFS 1425, Change of Status Form, shall be completed for the purpose of transferring the case to the Adoption Assistance Unit upon the transfer of guardianship. Family cases are closed only if no child cases remain open. The reason for closing is "SG".
CFS 906/906-1, Payment Authorization Form, must be submitted to initiate payment of the subsidy to the guardian. The type of transaction should be documented as "change placement". The form must reflect the new living arrangement, subsidized guardianship ("SGH"), and the four digit code for type of service shall be changed to 0193 for relative caregivers, 0194 for non-relative caregivers, or 0189 for the Specialized Rate. The start date is the date that the transfer of guardianship was finalized. Data entry of the CFS 906/906-1 will assure timely notification of the Children's Accounts Unit that a new representative payee may be appointed by SSA.
CFS 1420, Case Review Form, shall be revised to reflect the Reason for Current Involvement as guardianship assistance, "SG" and the Evaluation of Progress as achieved. The date for Evaluation of Progress and Reason for Involvement should be the date that the transfer of guardianship was finalized.
If a child is receiving day care services from the Office of Child Development (Cook County), or from the Regional Day Care Unit (Downstate), the worker must notify the staff person, at the appropriate office, responsible for coordinating the services to the family by telephone, followed-up by a memorandum when the transfer of guardianship is complete.
7) Post Guardianship Authorities and Responsibilities
A) Guardianship allows the caregiver to make decisions regarding the care, custody, and supervision of the child. The caregiver can make most decisions, however the parent does retain residual rights to the child. These rights are contingent upon the Probate Act under which guardianship is appointed. To determine the residual rights of the biological parent and/or caregiver contact appropriate local regional counsel or the Adoption Assistance Unit.
B) The guardian must notify the Department in the following situations when:
i) the child is no longer the legal responsibility of the guardian,
ii) the guardian can no longer financially support the child,
iii) the child reaches age 18 or age 19 years if the child is still in high school,
iv) there is a change of the residential or mailing address of the subsidized guardian or the child,
v) the child dies, or
vi) there is a change in the mental or physical capacity of the subsidized guardian which prevents the guardian from discharging the responsibilities necessary to protect and care for the child.
C) The guardian must participate in a subsidy review every two years. The review will either take place by mail or in person. The subsidy rate will be adjusted at this time based on changes in the needs of the child. The subsidy can be increased. The subsidy cannot be decreased without the agreement of the guardian.
D) If the child is receiving SSA or other benefits, the caregiver must apply at the local Social Security Office to become the representative payee.
E) If the caregiver no longer can assume the responsibilities associated with guardianship he/she must contact the Adoption Assistance Unit.
F) The guardian has the right to appeal the Department's decision to reduce, change, or terminate subsidized guardianship in accordance with 89 Ill. Adm. Code 337, Service Appeal Process. Subsidized guardians may not appeal a reduction of payment if State or Federal law allows or requires the Department to reduce the payment to the subsidized guardian and all other children and families in the same class.
8) Post Guardianship Services
A) Subsidy cases will be monitored by an office specialist in the subsidy unit who is responsible for the following:
o Entering the subsidy case in the computer system;
o Recertification of the subsidy every two years;
o Processing all paper work associated with medical cards, requests for services, and accessing services;
o Maintaining the case file and updating client information;
o Communicating with the client regarding service issues; and
o Closing the case when the child is no longer eligible for a subsidy
.
B) The Adoption Assistance Unit will be able to make community referrals to guardians who feel the placement is at risk of disruption or who need additional services for the child(ren) in care.
9) Termination of Guardianship
Guardianship under the Probate Act is terminated when the child reaches 18 years of age. Nonetheless, financial assistance may be continued until the child's 19th birthday, if the child is still in high school, or to age 21 for children with certain physical, mental or emotional disabilities that are documented in the subsidized guardianship agreement.
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