Chapter 5 : Section 27

Guardianship Subsidy: Eligibility, Application, and Appeals

Policy

Guardianship Subsidy: Eligibility

A permanent guardian is eligible for guardianship subsidy if:

  • permanent guardianship was granted on or after August 6, 1999; and

  • applications for other state and federal benefits have been made on behalf of the child by the guardian.

Guardianship subsidy maintenance payment shall not exceed the current adoption subsidy maintenance payment as established by the Department.

Guardianship subsidy maintenance payments shall be offset by monthly amounts received from state and federal program benefits, child support, trust funds, and any other financial assets available for the child’s care.

Guardianship Subsidy Application:

An application for guardianship subsidy may be filed by the prospective permanent guardian of a child in the care, custody, and control of the Department no less than 30 days prior to the guardianship being granted.

The start date for payment shall be the date the guardianship was finalized.

For permanent guardians appointed by the court who apply after appointment, the start date for payment shall be the date of approval of the application.

Guardianship Subsidy Appeals:

An applicant may appeal the Department’s decision to deny, reduce, suspend or terminate guardianship subsidy.

The Department shall notify the permanent guardian when a decision has been made to deny, reduce, suspend or terminate guardianship subsidy.

The Department shall grant an opportunity for a fair hearing to a permanent guardian who has applied for guardianship subsidy and alleges that the Department unfairly denied, reduced, suspended, or terminated guardianship subsidy.

A Subsidy Program designee shall coordinate appeals.

Procedures

The Guardianship Subsidy Program supports permanent living arrangements for children who achieve permanency through permanent guardianship.

Guardianship subsidy is intended to be only a partial reimbursement for expenses involved in the care of the child.

Title 14 guardianship appointments (Probate Court) are not eligible for the Guardianship Subsidy Program.

The Guardianship Subsidy Program is managed by DCS Central Office. Responsibility for assisting families with the guardianship subsidy application process is shared by:

  • the child’s DCS Specialist, who assists the family with completing the application for guardianship subsidy and state and federal benefits; and

  • the Guardianship Subsidy Specialist, who assists those families after the guardianship is finalized and who reviews applications for program eligibility.

A permanent guardian receiving a guardianship subsidy maintenance payment shall:

  • Notify the Department in writing within two weeks of the following:

    • termination of the guardianship;

    • death of the child;

    • the child is no longer residing with the permanent guardian;

    • change in state and federal program benefits to which the child is entitled and other financial assets available to the child; and

    • change in address.

  • Cooperate with the Department in the annual review process.

DCS Specialist Responsibilities

Direct the family to complete the Guardianship Subsidy Application in the provider portal in Guardian at least 30 days prior to the guardianship being granted to allow time for review and issuing of the Guardianship Subsidy Agreement prior to appointment.

Review the application and direct the prospective permanent guardian to sign the Guardianship Subsidy Application, then submit application to DCS Program Supervisor for approval.

Inform the prospective permanent guardian that the Guardianship Subsidy Application may be submitted on or after the motion for permanent guardianship has been filed with the court.

When the prospective guardian resides out of state and wishes to pursue guardianship in Arizona:

  • Provide direction to complete the Guardianship Subsidy Application in the Provider portal in Guardian to the prospective permanent guardian, and;

  • Inform the prospective permanent guardian that guardianship subsidy is available only for permanent guardians appointed through juvenile court in Arizona.

Inform the prospective permanent guardian that, even though he/she may qualify for guardianship subsidy, funds may not be available to the Department for all qualifying applicants.

Complete the Report to the Juvenile Court for Permanent Guardianship or the Report to the Juvenile Court for Successor Permanent Guardianship.

E-mail the Guardianship Subsidy Specialist within 24 hours, informing them that the guardianship has been granted.

End date the removal status within three days of the guardianship being granted or when the dependency petition is dismissed if the child is the only child in the case. End date the child’s case role in the DCS case if the case is not closed.

Develop an aftercare plan with the family to ensure that they are aware of community resources.

Guardianship Subsidy Specialist

Send a Notice Letter to the prospective permanent guardian indicating the receipt of the application.

Review all applications for guardianship subsidy on the Subsidy Unit dashboard within five working days of receipt.

An application is complete when guardianship subsidy receives notice that the guardianship has been granted.

Upon receipt of notification or court order of the guardianship being granted and verification that the guardian has applied for federal and state benefits, send an Approval Letter to the guardian indicating the amount of subsidy and effective start date.

The Guardianship Subsidy Specialists will send out a welcome letter to the guardian within three (3) days of guardianship subsidy being approved.

An application for guardianship subsidy will be closed if the guardianship is not granted by the courts or the guardian fails to provide documentation of application for federal and state benefits to complete the application process. The permanent guardian may reapply for guardianship subsidy if guardianship is granted at a later time or the guardian is able to supply the verification of application for federal and state benefits.

If the Guardianship Subsidy Application is approved but state funds are not available, send a Waiting List Notice to the prospective permanent guardian indicating that his/her name will be placed on a waiting list.

When state funds become available, send a Confirmation Notice to the permanent guardian.

If the Guardianship Subsidy Application is denied, the Guardianship Subsidy Specialist will send the notice of denial to the guardian the next business day after denial determination. The Letter of Denial will include:

  • the reason for denial;

  • the right to appeal;

  • the time frames for appeal; and

  • appeal initiation procedures.

A request for an appeal must be made by the guardian, in writing, within 20 calendar days of receipt of the adverse action notice.

Documentation

DCS Specialist will ensure that the primary permanent guardian’s provider record and the child’s person record is updated in Guardian prior to initiating the Guardianship Subsidy Application.

Effective Date: February 1, 2021
Revision History: November 30, 2012, June 6, 2018