As part of ACF’s updates to the Child Welfare Policy Manual, questions were posed for the Guardianship Assistance Payment (GAP).  While the GAP mirrors many aspects of the Adoption Assistance Program, it is important that PCG ensure that there is some documented evidence that what exists in the Adoption Assistance Program also is available in GAP.   A major difference is that nonrecurring costs for GAP are not available, regardless of a child’s eligibility for Title IV-E.  Payments to guardians not in the Title IV-E GAP are unable to be claimed for 50 percent reimbursement. 

An area that the questions published on February 25, 2011 addressed was with nonrecurring expenses.  The question:  does a Title IV-E agency have the flexibility to establish a cap on specific components (e.g.  attorney fees) of the nonrecurring expenses that it must pay in connection with obtaining legal guardianship of the child?    ACF responds that no, a state agency will pay the total cost of nonrecurring expenses associated with obtaining legal guardianship of the child, to the extent the total costs does not exceed $2,000.  Such language does not provide the state agency with discretion to cap specific items that qualify for nonrecurring expenses, although it does provide for a state agency to set a lower limit below $2,000 for nonrecurring expenses.   

In ACYF-CB-PI-10-11, the guidance indicates that, much like nonrecurring expenses for adoption assistance, payments are available to guardians seeking finalization of a guardianship placement.   It states that for Title IV-E GAP payments to be made on behalf of a sibling of an eligible child, the Title IV-E agency must enter into a guardianship agreement that meets the requirements of section 473(d)(1) of the Act, including paying the total cost of nonrecurring expenses associated with obtaining legal guardianship of the child to the extent the total cost does not exceed $2,000, prior to the guardian obtaining legal guardianship of the sibling.   Nonrecurring expenses are described in 8.2D.3  TITLE IV-E, Adoption Assistance Program, Payments, Non-recurring expenses.  The term "nonrecurring adoption expenses" is defined as the reasonable and necessary adoption fees, court costs, attorney fees and other expenses which are directly related to the legal adoption of a child with special needs, which are not incurred in violation of state or federal law, and which have not been reimbursed from other sources or funds.   The guidance in the next question – 8.2D.4 provides this as to what qualifies for “other expenses" were defined as the costs of adoption incurred by or on behalf of the parents and for which parents carry the burden of payment, such as the adoption study, including health and psychological examinations, supervision of the placement prior to adoption, transportation and the reasonable costs of lodging and food for the child and/or the adoptive parents when necessary to complete the adoption process.  Absent additional guidance for nonrecurring guardianship payments, it is reasonable to use this guidance for what does qualify.

Other additions to the CWPM on GAP include concerns about whether a payment to a guardian who moves outside of the United States to establish permanent residence and whether GAP payments can be made when there is a temporary absence outside the country.  To both situations, ACF said yes that as long as the guardianship agreement is entered into prior to a move outside the United States, the child remains eligible for the payment.  The guidance in 8.5A.3 states that it is the state’s option to limit payments to guardians residing in this country, however there is no prohibition. 

About Kay Casey

Kay Casey has over 20 years of experience in federal and state child welfare policy and programs, having worked for the federal Administration for Children and Families (ACF) and the Florida Department of Children and Families prior to joining PCG. She is responsible for the review and assessment of fiscal processing systems that impact a state’s ability to identify, document, and report expenditures for federal reporting purposes accompanied with the programmatic impact on the state’s system of care.

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