8000    PERMANENT CUSTODIAN 

8100    Establishment of Custodian 

8200    Permanent Custodian Subsidy 

8210    Eligible Children 

8220    Amount and Type of Subsidy

8230    Income of the Child 

8240    Exempt Income and Resources 

8300    Eligibility Determination 

8400    Payment Procedures (Interim) 

8410    Medical Card Extension Program for FC-GS 

8500    Referral to Child Support Enforcement (CSE) 

8600    Permanent Custodian Subsidy Agreement 

8700    Annual Report 

8800    Closing Permanent Custodian Subsidy

 

8000    PERMANENT CUSTODIAN

 

The goal of the agency is to establish permanency for children in the custody of SRS and in out-of-home placement as quickly as possible. Permanency options in the order of preference include: Reintegration with parents; Adoption; and Permanent Custodian.

 

Permanent Custodian is an irrevocable disposition option of the court when reintegration and adoption are eliminated as permanency options. Permanent Custodian establishes a legal relationship in which the custodian has full authority to care and plan for the child.

 

8100    Establishment of Permanent Custodian

 

Permanent Custodian is most often limited to older youth with parental rights terminated or for older youth for whom there is no compelling reason to terminate parental rights.  Permanent Custodian may be the most appropriate permanency option for younger children when reintegration and adoption are not viable options for the child. 

 

8200    Permanent Custodian Subsidy

 

The 1999 Kansas legislature established funding for a Permanent Guardianship Subsidy (PGS) to assist families to assume this responsibility. This funding is applicable to those guardianships established pursuant to KSA Chapter 38, Article 15 (permanent guardians). Permanent Guardianship Subsidy is not an entitlement for any recipient or potential recipient.  Starting 01-01-07, the CINC Code changed the name to Permanent Custodian.

 

8210    Eligible Children

 

To be eligible to receive a permanent custodian subsidy, funding for the program must be available and the child shall meet all of the following conditions:

 

·       In the custody of SRS at the time the permanent custodian is established;

·       Order of permanent custodian (Journal Entry or Letters of Custodian);

·       Not in receipt of SSI;

·       Have an appointed permanent custodian who is an adult eligible to receive TAF as defined   by EES (KEESM 2220 Living with a Caretake).

 

8220    Amount and Type of Subsidy   

 

The maximum monthly subsidy payment is $300 per month, for permanent custodian granted on or after 7-1-06.  The amount may be adjusted lower depending on the income of the child.  Children shall not receive a subsidy payment if their countable income exceeds $300.00 per month. Once the subsidy amount is established it does not change unless the circumstances of the child change.

 

A.  Medical Benefits

 

Kan Be Healthy Services and all medical assistance services are available for children with a permanent custodian subsidy.  The child will continue to receive the foster care medical card while a permanent custodian subsidy payment continues.  The child may be covered under the parents’ family health insurance, if available and if parental rights are not terminated.  The child's custodian may add the child to their health insurance, if the plan allows.

 

8230 Income of the Child   

 

Disregard $186.00 per month of the child’s income to determine eligibility for a permanent custodian subsidy. Income to consider shall include: 

·         Social Security Survivors Benefits (SSA);

·         Child Support;

·         Income for a child from a trust or annuity.

·         Other Benefits (such as railroad retirement)

 

8240 Exempt Income and Resources:     

 

The following income and resources shall be exempt in determining eligibility for Permanent Custodian Subsidy:

 

·          Earned income of the child;

·          Resources of the child;

·          Legally unavailable trusts of the child;

·          Income and resources of the permanent custodian and spouse;

·          Income and resources of the parent; and

·          TAF benefits received for the child

 

 

8300 Eligibility Determination     

 

A simplified eligibility determination shall be completed for permanent custodian subsidy. To be eligible for permanent custodian subsidy the CWCBS case manager  shall:

 

·      Obtain Central Office approval. This shall be done by written request with form CFS 4027A “Request for Permanent  Custodian Subsidy”;

·      Complete Form CFS 4026 “Permanent  Custodian Subsidy Agreement”;

·      Obtain Journal Entry of Permanent  Custodian;

·      Determine that other applicable requirements are met;

·      Submit a copy of the CFS 4026, CFS 4027, CFS 4027A and the Journal Entry establishing

     Custodian to Children and Family Policy, attn: Permanent Custodian Specialist; and

·     Send Annual Report-CFS 4028 to the custodian to complete and return to SRS within 30

     days.  The original is maintained in the child's file and a copies are forwarded to the CFS

     Custodian Subsidy Specialist and the Regional SRS office.

 

8400 Payment Procedures      

 

The custodian subsidy (GS) payments are made through the SCRIPTS system.  The KAECSES foster care system shall be used to continue medical coverage for the GS cases.

 

A. Initiate Payment

 

The GS payment shall be initiated the first of the month in which the custodian is granted.  These payments shall continue monthly as long as the child maintains subsidy eligibility .

 

Form CFS 4027 “Request for Permanent Custodian Subsidy” shall be used to initiate initial and subsequent subsidy payments. This form confirms the changes have been made in the KAECSES system as required in Section 8410:

 

 B.    Forward form CFS 4027 to CFS for payment.

 

8410    Medical Card Extension Program for FC-GS

 

For youth who are eligible, the youth’s original foster care case number and client identification number will be used for the Custodian Subsidy medical card.  These cases will be identified as being different from a regular foster care case by assigning a program sub-type.

 

In order for the child to be eligible for continued foster care medical coverage during the time they are receiving permanent custodian subsidy, refer to Section 3410A for process to be followed.

 

Medical Card Extension Program

KAECSES Sub-Types

 

FC GS - Foster Care Custodian Subsidy

 

If CLPR is showing a non-foster care medical case open during the period the customer is eligible for the Custodian Subsidy Program it will be necessary to determine which medical program is of greatest benefit to the customer.  If any of the following benefit plans are appearing on the iCMMIS eligibility screen or the CLPR screen of KAECSES for the eligibility period of the Custodian Subsidy  Program, do not open a FC-GS medical card for those months.

 

* Have to remove the check mark from the filtered box to see these benefit plans.

 

Benefit Plans of Greater Benefit to the customer

iCMMIS    HCHI - HCBS Head Injury                         

                  HCPD - HCBS Physically Disabled

                  HCTA - HCBS Technology Assisted

                  HCSED - HCBS Severely Emotionally Disturbed

                  HCDD - HCBS Developmentally Disabled 

 

KAECSES           “SI” Program Type on CLPR

 

 

 

If the FC case is closed, the GS program sub-types can be entered on CLIR at the time of case registration.                                                                    

 

1.      FOCA:

        Placement Type = Relative (3);

        Program Type = Foster Care (FC);

        SubProgram Type = Guardian Subsidy (GS)

        Legal Status code = 3, 5,11 (this should match the most recent prior legal status prior to Guardianship. If

                          the child was previously listed as legal status 1, please change the status to the correct status of 3, 5 or 11)

2.      FCPD name and address of permanent custodian;

        Source of funding=GA;

        Payment = 0 (Zero).  

        Authorize the screen.

3.      Follow established procedures to notify CFS and remove CW/CBS provider from Medicaid card. Medicaid card will continue through foster care system. If third party insurance is noted, do not change for children whose parental rights are not terminated.

 

           

Yearly Reviews

The only yearly review is one completed by the custodian (CFS 4028) and sent to the CWCBS case manager.  The CWCBS case manager then sends a copy of the CFS 4028 to the permanent custodian subsidy staff in SRS Central Office and the Regional SRS office.

 

Termination of Medical Card

  

Termination of eligibility for this program occurs when one of the following happens:

 

      the youth reaches age 18 (unless the youth is still in high school; then eligibility continues until the youth graduates from high school or turns19 years of age (last day of the month in which they turn 19)

 

      the youth becomes emancipated, dies, or otherwise ceases to need support

 

      the youth no longer resides with the  custodian

 

      an annual review is due and the custodian fails to complete and return the review document

 

8500    Referral to Child Support Enforcement (CSE)  

 

Parents, whose rights are not terminated, shall be referred to Child Support Enforcement for collection. CSE may receive referrals from both EES and CFS. The permanent custodian subsidy case shall be noted on the narrative section of the CHSE Screen on KAECSES.

 

8600    Permanent Custodian Subsidy Agreement

 

A Permanent  Custodian Agreement (form CFS 4026) shall be signed which indicates the permanent custodian: 

·         May apply for TAF on behalf of the child;

·         Shall apply for other benefits on behalf of the child; such as SSI

·         Shall notify the CWCBS case manager of any changes in the living situation and other circumstances; and

·         Shall cooperate fully with CWCBS in an annual review.

 

8700    Annual Report

 

Permanent Custodian Subsidy does not require an annual eligibility re-determination. A review of the subsidy agreement shall be made to determine if child continues to live with the permanent custodian or if any changes in the circumstances of the child exist.

 

Form CFS 4028 Permanent Custodian Annual Review shall be sent to the family on an annual basis. This form is to be returned within 30 days and maintained in the file.

 

8800    Closing Permanent Custodian Subsidy

 

Permanent Custodian Subsidy shall not continue beyond the month in which: 

 

·         The child reaches 18 years of age or the child completes high school

·         The child becomes emancipated, dies or otherwise ceases to need support;

·         The child no longer resides in the home; or

·         The custodian fails to complete and return an annual review when due