Subsidized Guardianship Project 510-05-55-20

(Revised 7/1/14 ML #3406)

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The Subsidized Guardianship Project is designed to serve North Dakota children who are in foster care, but who need a permanency alternative. The program was created in response to the Adoption and Safe Families Act of 1997.

Children in the Subsidized Guardianship Project are no longer foster care children, and the subsidy is not a foster care payment. The guardianship subsidy is paid to help meet the maintenance needs of the child and is considered the child’s income.

When the child is eligible as a disabled individual, the child’s income is considered, and parental income is not used unless the guardianship court order specifies that the parents are responsible for the child’s needs. The assets of the child and parents are also Considered.

NOTE: If the child is not disabled, eligibility is determined under ACA Medicaid policy.

The guardian is not included as part of the case and the guardian’s income and assets are not considered in determining the child’s Medicaid eligibility. An exception is in cases in which the guardian is a relative, and the relative becomes eligible for Medicaid because of the child. In such cases, the relative chooses to be an eligible caretaker.

Note: The Subsidized Guardianship Project is a North Dakota program. Occasionally, children come to North Dakota from states that have opted to cover children under a Title IV-E program called Kinship Guardianship program. This is not to be confused with either the Subsidized Guardianship Project or TANF’s Kinship Program. Children who come from those states under the Title IV-E Kinship Guardianship program are categorically eligible. This is not to be confused with either the Subsidized Guardianship Project or TANF’s Kinship Program. Children who come from those states under the Title IV-E Kinship Guardianship program are categorically eligible.