Purpose: This section will assist in determining eligibility for children in IV-E Guardianship.

Current Policy Effective Date: October 1, 2020

Date Last Reviewed:

Previous Policy:

POL M1201F: DETERMINING ELIGIBILITY FOR IV-E GUARDIANSHIP

1. Applicants Must Have an IV-E Guardianship placement from DFS

2. Applicants Must Be Under Age 18

The eligibility can continue until age 21 when the client qualifies under the special needs portion of the agreement, as determined by the Department of Family Services.

3. Applicants Over Age 18 Must Have Special Needs

The client meets special needs when the following are met:

The client cannot be returned to the parent(s) home per court order. The Social Service Caseworker has determined the client cannot be placed for adoption without providing adoption assistance.

4. Applicants Must Meet Identity

Refer to Section M602 for identity requirements.

5. Applicants Do Not Have An Income Test

6. Applicants Do Not Have Resource Test

7. Applicants May Have Eligibility For 12 Continuous Months

The eligibility continues for 12 months from the effective date of eligibility or for 12 months from the last periodic review if under age 19.

8. Eligibility Is Not Affected By Client Support Non-Cooperation

9. Clients Eligible For One Day Are Eligible For Entire Month

10. Applicants Must Live In Wyoming

The client must live in Wyoming 60 days prior to the filing of the petition to adopt, pursuant to W.S. 1-22-103.

11. Clients Not In Wyoming May Retain Benefits

A client who moves out of Wyoming remains eligible when both of the following apply:

The IV-E Guardianship placement shows Wyoming as being financially responsible for the client. Client is not Medicaid eligible in the new state.

12. Clients Must Be Reviewed

Clients must be reviewed for other Medicaid program eligibility before closing cases.

13. Clients May Lose Benefits

The case will close on the first day of the next month when any of the following occur:

12-month period ends and client is no longer eligible. The IV-E Guardianship placement is no longer legally responsible for the support of the client. The IV-E Guardianship placement is no longer providing any support to the client. Client dies. Client determined no longer eligible.