State Child Welfare Policy Guide: Part of the Policy Matters Series

4.2 "Preventive" permanent guardianship

“Preventive” subsidized guardianship programs provide financial and other assistance to promote permanent homes for children with relatives before they enter foster care and are an emerging option that can help avoid the emotional trauma and disruption of foster care. In addition, preventing unnecessary placement in foster care decreases strain on already overwhelmed and under-financed child welfare systems.

Programs in six states (Kansas, Kentucky, Louisiana, New Jersey, Nevada, and Ohio) and the District of Columbia provide financial and other assistance to children living with kin who have become or are in process of becoming the child’s permanent legal guardian. Although the monthly subsidy amount is greater than the level available through other basic financial assistance programs for low-income children or households (including the TANF child-only payments and state aid), it is lower than payments to licensed foster care providers and lower than adoption assistance. The exception is the District of Columbia subsidy, which is codified at the same level as guardianship assistance for children in the child welfare system. [i] In Ohio, instead of a monthly subsidy, the program provides incentive payments for legal guardianship that total up to $3,500 over three years in addition to TANF child-only assistance for qualifying children.

Often these subsidies are administered by the state or local agency that administers TANF and other state financial assistance to families; therefore interagency referrals and coordination are critical to ensure that caregivers who may be able and willing to provide permanent homes have access to the resources (See Policy Area 14.1, Interagency Collaboration: Funding flexibility).

Along with a subsidy, programs can be designed to provide additional assistance:

· Financial assistance for legal services or initial costs of assuming care . In addition to a monthly subsidy, the Kentucky, Nevada, and New Jersey programs offer financial assistance for the legal costs to obtain guardianship and/or funding for approved one-time expenses associated with assuming care (such as furniture or rental deposit for larger housing). In New Jersey, legal assistance is also extended to help the guardian adopt the child.

· Medical coverage. Most programs ensure access to health care for participating children by defining subsidy eligibility to comply with the state’s Medicaid plan.

· Child care assistance . All participants in Ohio’s Kinship Permanency Incentive Program are eligible for the state’s Early Learning Initiative.

· Other supports. Based on the needs of individual children and their caregivers, other supports may include respite care, transportation, and case management (Kansas and Nevada); wraparound funds and navigator services (New Jersey); and child and grandparent counseling, parenting skills training, and childhood immunizations and other screening (Kansas).

Policy Options: States can promote "preventive" permanent guardianship by adopting and funding implementation of 1, 2, 3, 4, 5, or 6 of the following policies:

· Financial subsidy is provided to prevent foster care by assisting kin willing and able to obtain permanent legal guardianship.

· Financial assistance is available for legal costs to obtain guardianship and/or to adopt.

· Financial assistance is available for one-time expenses.

· Eligibility for health care coverage for the child is provided.

· Eligibility for child care assistance is provided.

Other supports are available based on the child and caregiver’s needs