Conditions For Guardianship Assistance

The purpose of the guardianship assistance program is to encourage legal permanency of children with special needs who would not be able to have the security of a permanent home without support payments. Applications are made through the Division of Family and Community Services for a determination of eligibility. Eligibility is determined solely on the child’s need. No means test may be applied to the income or resource of the prospective legal guardian(s). The following conditions must be met for a child to be eligible for guardianship assistance. (7-1-25) 01. Assessment of Suitability. The suitability of an individual to become a legal guardian for a specific child or sibling group will be determined through a home study. (7-1-25) 02. Eligibility for Guardianship Assistance. Guardianship assistance will be determined for each child placed in the legal custody of the department prior to the finalization of the guardianship. Eligibility is based on the child’s needs. No means test may be applied to the prospective legal guardian family’s income or resources in a determination of eligibility. The child will first be considered for eligibility for a federally-funded subsidy. Should the child be found ineligible for a federally-funded subsidy, the child will be considered for a state-funded subsidy. (7-1-25) 03. Guardianship and Foster Care Licensure. To receive guardianship assistance, a potential legal guardian must be licensed or approved to provide foster care. (7-1-25)