Guardianship Assistance Program Agreements

The department and the prospective legal guardian(s) must enter into a written agreement prior to the finalization of the guardianship. The department will provide the prospective legal guardian(s) with a copy of the agreement. (7-1-25) 01. Agreement Specifications. All guardianship assistance agreements will specify the following: (7-1-25) a. The amount and manner in which the guardianship assistance payment will be provided to the prospective legal guardian; (7-1-25) b. The manner in which the payment may be adjusted periodically in consultation with the legal guardian, based on the circumstances of the legal guardian and the needs of the child; (7-1-25) c. Any additional services and assistance for which the child and the legal guardian will be eligible under the agreement; (7-1-25) d. The procedure by which the legal guardian may apply for additional services; (7-1-25) e. A statement that the agreement will remain in effect without regard to the state of residency of the legal guardian; (7-1-25) f. The procedure by which the department will make a mandatory annual evaluation of the need for continued assistance and the amount of the assistance; and (7-1-25) 02. Termination of Guardianship Assistance. Guardianship assistance benefits and cash payments are automatically terminated when: (7-1-25) a. A court terminates the legal guardianship or removes the legal guardian; (7-1-25) b. The child no longer resides in the home of the legal guardian, and the legal guardian no longer provides financial support for the child; (7-1-25) c. The child has reached the age of eighteen (18) years if the guardianship was finalized prior to the child's sixteenth (16) birthday or twenty-one (21) years if finalized after the child's sixteenth (16) birthday, regardless of the child's educational status or physical or developmental delays; or (7-1-25) IDAHO ADMINISTRATIVE CODE IDAPA 16.06.01 Department of Health and Welfare Child and Family Services Section 927 Page 47 d. The child marries, dies, or enters the military. (7-1-25) 03. Suspension of Guardianship Assistance. Guardianship assistance monthly cash payments will be suspended if the child is placed in foster care in any state. Benefits will be reinstated upon the child’s reunification with the legal guardian(s). (7-1-25)