Rule and Procedure Table of Contents

Section 359.45 Payments for Subsidized Guardianship

The Subsidized Guardianship Program, not to be confused with the Successor Guardianship Program in section 359.44 above, is a child welfare demonstration project for which federal waivers have been received. It is available in all areas of the state with the exception of those areas that have been designated as cost neutrality areas in Rule 302.405(f). In those areas clients will be randomly assigned to a group that is eligible to participate in the demonstration project, or to a cost neutrality group subject to the regular services of the Department.

a) Subsidized Guardian Subsidy - Special Rates

Type Service Codes Document

0150 Subsidized Guardian

Subsidy - Intensive Rate CFS 906

0186 Subsidized Guardian

Subsidy-HMR Manually Calculated CFS 906

0188 Subsidized Guardian

Subsidy-Non-Related Manually Calculated CFS 906

0189 Subsidized Guardian CFS 906

Subsidy-Special Rates

Instructions: Use this Type Service Code for the monthly subsidy amount if the child was receiving any type of specialized foster home payments prior to the transfer of guardianship.

b) Subsidized Guardian Subsidy - Relative Home

Type Service Code Document

0193 Subsidized Guardian CFS 906

Subsidy - Relative Home

Instructions: Use this Type Service Code if the child was receiving any type of relative home payments prior to the transfer of guardianship.

c) Subsidized Guardian Subsidy - Non-relative Home

Type Service Code Document

0194 Subsidized Guardian CFS 906

Subsidy/Non-Relative Home

Instructions: Use this Type Service Code if the child was receiving any type of regular foster care payments in the home of a foster parent who was not related to the child.

d) Subsidized Guardian Subsidy - 18 Years and Older

Type Service Code Document

0370 Subsidized Guardian

Subsidy/Under Age 19 In School CFS 906

Instructions: Use this Type Service Code for any adoption assistance case where the child is age 18 and is still in school, proof of which is in the case file. The rate will mirror that prior to the child turning age 18 and must be manually entered.

Documentation of School:

Payment can continue until the youth's 19^th birthday or their graduation from high school or the equivalent; whichever comes first.

· Documentation must include verification of school attendance and estimated date of graduation.

· If the 18^th birthday is during the summer, documentation must include previous school year attendance and then a subsequent letter in the fall detailing the date of graduation.

Do not use the school codes if the youth has a disability

Type Service Code Document

0375 Subsidized Guardian

Subsidy/Under 21 With Disability CFS 906

Instructions: Use this Type Service Code for any adoption assistance case where the child is between age 18 and 21 and is disabled, proof of which is in the case file. The rate will mirror that prior to the child turning age 18 and must be manually entered.

Documentation of Disability:

· Letter from Social Security Administration indicating the youth is eligible for SSI.

· Letter or report from a medical professional stating the mental or physical condition that meets the definition of disability per the Americans with Disabilities Act of 1990 (See AP5)

e) Subsidized Guardian/Counseling

Type Service Code Document

0430 Subsidized Guardian-Counseling CFS 932

Instructions: When unusual or unexpected circumstances arise that may impair the guardian's ability to maintain the permanency goal, payment for counseling services may be authorized on a case-by-case basis.

f) Subsidized Guardian/Medical

Type Service Code Document

1130 Subsidized Guardian-Medical CFS 932

Instructions: One-time only or continuous payment may be made for any child receiving subsidized guardianship who needs medical services related to conditions which existed prior to the transfer of guardianship which are not covered by the guardian's medical insurance, by the Division of Specialized Care for Children or by the Medicaid Program.

g) Subsidized Guardian/Legal, Non-recurring Expenses

Type Service Code Document

1930 Subsidized Guardian/Legal, CFS 932

Non-recurring Expenses

Instructions: Payments of one-time court costs and legal fees, if required, in connection with the establishment of guardianship, up to a maximum of $500.00. Subsidized guardians shall select the attorney of their choice. The only limitation is that the attorney must be licensed to practice law in Illinois.

Subsidized guardians should be advised to call the DCFS Advocacy Office for Children and Families at (800) 232-3798 or check the DCFS website at www.state.il.us/dcfs to receive a current list of attorneys on the DCFS Adoption Attorney Panel. Under no circumstances should an employee of the Department or a private agency refer a subsidized guardian to a specific attorney.

Payment Directly to Adoption Attorneys

DCFS will pay attorneys who are on the Statewide Adoption Attorney Panel directly on behalf of subsidized guardians for necessary and reasonable legal fees and costs. The attorney shall submit to the Department an itemized invoice with a copy of the adoption petition, interim order and final judgment.

Payment to Subsidized Guardians Who Use Attorneys Who Are Not on the Statewide Adoption Attorney Panel

When a subsidized guardian selects an attorney who is not on the Statewide Adoption Attorney Panel, DCFS will reimburse the subsidized guardian for attorney fees and costs, up to the maximum of $500.00 per adopted child.

Subsidized guardians who reside in Cook County may send requests for payment to the DCFS Post-Adoption Unit, 1921 S. Indiana, 4^th Floor, Chicago, IL 60616. Subsidized guardians who reside Downstate may send requests for payment to the DCFS Regional Office. Included must be an itemized invoice from the attorney, proof of payment by the guardian, and copies of the guardianship order and verification of subsidy review form.

Payment for subsidized guardianships not finalized or for subsidized guardianships that are vacated

Payment may also be made for services rendered if the subsidized guardianship is never finalized or is vacated THROUGH NO FAULT OF THE ATTORNEY, when the attorney submits a statement itemizing expenses incurred up to the point the subsidized guardianship is abandoned, provided an agreement for subsidized guardianship was previously established.

Attached to the itemized statement submitted must be a copy of the document filed with the court to vacate the subsidized guardianship petition, or final order identifying the facts regarding why the subsidized guardianship was withdrawn or vacated. If withdrawing from the case prior to filing the petition for subsidized guardianship, the attorney must attach to the itemized statement a detailed letter outlining the reasons the subsidized guardianship was not finalized. Payment for all nonrecurring expenses, including legal fees cannot exceed $500.00 per adopted child.

The criteria for inclusion on the Statewide Adoption Attorney Panel: is included in Procedures 302.310.

Section 359.46 Payments for Foster Care Support Services

Under this category are included:

1) Foster Parent Training and Recruitment

2) Permanency Planning Contracts,

3) Agency Adoption Contracts,

4) Foster Parent Support Program,

5) Crisis Support Services for DCFS Supervised Foster Parents, and

6) Respite Care for Foster Parents.

a) Foster Parent Training and Recruitment

1) Training and Recruitment Contracts

Type Service Code Document

0112 Foster Parent Training and Recruitment CFS 1042

Instructions: Contracts for training and/or recruitment of foster parents may be negotiated with an individual or agency demonstrating expertise in the field. Approval of Regional Administrator or designee needed for payment document. Rate is negotiated by contract or agreement.

2) Training and Recruitment Contracts

Type Service Code Document

0116 Training Reimbursement for Foster Parents CFS 932

0130 Direct Payment of Foster Parent Training Expenses CFS 1042

Instructions: The cost of registration fees, in-service training sessions and related travel costs, including babysitting for the children of individual DCFS foster parents or relative caretakers, may be reimbursed by voucher to the foster parents or relative caretakers if adequate documentation (receipts showing proof of expenditure by foster parents) is attached to the voucher. Use Type Service Code 0116 when reimbursing foster parents or relative caretakers. Payment for the above expenses may also be made directly to the provider using Type Service Code 0130. Actual expenses as negotiated. Approval of Regional Administrator or designee needed for payment document.

b) Permanency Planning Contracts

Type Service Code Document

0405 Permanency Planning Contracts CFS 1042

Instructions: Contracts may only be entered into for children in substitute care. The program plan details the minimal contractual requirements; additional stipulations may be negotiated. The payment provision in the program plan is the maximum cost standard; lower rates may be negotiated. Regional Administrator or designee approval needed for payment document.

c) Agency Adoption Contracts

1) Agency Adoption Contracts - Standardized Program Plan

Type Service Code Document

0305 Adoption Contracts/ Standard Program CFS 1042

Instructions: Contracts may only be entered into with licensed child welfare agencies. The standardized program plan and payment provisions must be attached to the contract. The program plan details the minimal contractual requirements; additional stipulations may be negotiated. The payment provision in the program plan is a maximum cost standard; lower rates may be negotiated. The approval of the Regional Adoption Coordinator is required for the payment document.

2) Agency Adoption Contracts - Non-Standardized Program Plans

Type Service Code Document

0306 Adoption Contracts/ Non-Standard Program CFS 1042

Instructions: Contracts may only be entered into with licensed child welfare agencies. The program plan and payment provisions must be attached to the contract. Contracts should not be entered into for pre-adoptive counseling. Pre-adoptive counseling contracts are payable from the counseling line. The program plan details the minimal contractual requirements; additional stipulations may be negotiated. The payment provision in the program plan is a maximum cost standard; lower rates may be negotiated. Approval of the Regional Adoption Coordinator is required for payment.

d) Foster Parent Support Program

Type Service Code Document

0111 Master Foster Parent CFS 1042

Instructions: Payments may be made to master foster parents who will provide supportive and instruction services to licensed foster parents within the specific geographical area. Hourly rates may be negotiated between Regional Contract Administrator and master foster parent.

e) Crisis Support Services for DCFS Supervised Foster Parents

Type Service Code Document

0131 Crisis Support Services Reimbursement to Foster Parents or

Relative caretaker CFS 932 Direct Payment of Provider CFS 1042

Instructions: Counseling, consultation, and other similar supportive services may be provided on behalf of DCFS supervised foster parents and approved relative home caretakers to avoid placement disruption in times of crisis related to the behavior of the ward or to the ward's biological family. Up to five hours of consultation per incident may be provided to the foster family in times of crisis caused by problems within the foster family itself. Expenses will be paid as negotiated. Payment may be made directly to the provider or as reimbursement to the foster parents or relative caretaker with prior approval. Approval of the Family Development Coordinator is required.

f) Respite Care for Foster Parents

Type Service Code Document

0132 Respite/Agency Homemaker Services CFS 932

Reimbursement to Foster Parents or Relative caretaker CFS 1042

Direct Payment of Provider

0133 Respite/Individual Homemaker, Child Care Services CFS932

Reimbursement to Foster Parents or Relative caretaker CFS 1042

Direct Payment of Provider

Instructions: Respite care may be provided to licensed DCFS foster parents in times of crisis to prevent placement disruption. Examples of respite care include but are not limited to: round the clock homemaker services or childcare services in a licensed foster family home. These services may be paid through Type Service Codes 0132 or 0133.

Prior to making any respite placement, the placement clearance desk procedures contained in Procedures 301, Placement and Visitation Services, must be followed.

When temporary short-term placement of the child is required, intermittent foster care up to a maximum of five days may be used. Use Type Service Code 0117 or 0120 depending on the type of foster care. For further instructions see the procedures for the particular type of foster family care [pages P359.40 - P359.46 (2) through (15)] for which intermittent care is being used. Expenses will be paid as negotiated. Payment may be made directly to the provider or as reimbursement to the foster parents or relative caretaker with prior approval. Approval of the Family Development Coordinator is needed.

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