7-004 Determining the Guardian's Need for Subsidy
When guardianship becomes the appropriate plan for the child, the child's worker must determine whether the prospective guardian will be able to meet the child's needs without subsidy. The worker must assess the following with the family:
1. Need for Subsidy
a. The child's present and anticipated future needs; and
b. The prospective guardian's ability to meet those needs without subsidy. The assessment must consider other programs, benefits, or resources available to meet the child's needs, including but not limited to:
(1) Public assistance including:
(a) Maintenance payments. If the ward is eligible for ADC, s/he also receives medical assistance.
Note: Nebraska guardians are not eligible for ADC payments, although specified relatives who are guardians or conservators are eligible for ADC relative payments if they meet other eligibility criteria;
(b) Medical assistance only. If the child needs medical assistance, the worker completes Form EA-117. Eligibility for MA is a separate determination from eligibility for subsidy. Eligibility is determined using CMAP guidelines (see Title 477);
(2) Supplemental Security Income (SSI), Veterans benefits, Social Security benefits, or Railroad Retirement benefits;
(3) Child support;
Note: Establishment of a guardianship does not eliminate the potential for child support by a parent. Child support can be ordered by the court to be paid directly to the guardian.
(4) Medically Handicapped Children's Program; and
(5) Private insurance coverage by the prospective guardian.
2. Type(s) of subsidy: In some cases, only one or two types of subsidy coverage will be necessary.
3. Amount: If maintenance or other costs incidental to care of the child are being considered:
a. The amount must be no more than payment would be if the child had remained in the Department's care;
b. Explore other maintenance payments or financial resources. The worker shall explain that any maintenance payments will be deducted from the agreed-to maintenance under subsidy; and
c. If the guardian receives an ADC-relative payment, the worker must establish a level of need for the child based on FCPAY and subtract $222 for the maintenance payment. The remainder is the subsidized guardianship payment. If a family provides guardianship for siblings, deduct $222 from the determined payment for the youngest child and $71 for each of the older children.
4. Duration: Discuss how long the guardian anticipates needing assistance.
Assistance for child care or respite care ends when the child reaches age 13 unless the child has a special need. See 392 NAC 1-003 for the definition of special needs for child care.
{2/23/04}