Guardianship Assistance (93.090)

Program

93.090 Guardianship Assistance

Federal Agency

Agency: Department of Health and Human Services
Office: Administration For Children And Families

Authorization

as amended, Public Law 110-351; Social Security Act, Title IV, Part E, Section 473, Public Law 111-8.

Program Number

93.090

Last Known Status

Active

Objectives

To provide Federal Financial Participation (FFP) to States, Indian Tribes, Tribal organizations and Tribal consortia (Tribes) who opt to provide guardianship assistance payments for the care of children by relatives who have assumed legal guardianship of eligible children for whom they previously cared as foster parents.

Types of Assistance

Formula Grants

Uses and Use Restrictions

Federal assistance may be used only in support of the care of children who meet the eligibility requirements and their siblings under certain situations as specified in the statute. All relatives assuming guardianship of such children are eligible for the nonrecurring expenses associated with obtaining legal guardianship up to $2000. States and Tribes may receive Federal Financial Participation (FFP) only if title IV-E plans have been approved by the Secretary.

Eligibility Requirements

Applicant Eligibility

Funds are available to States, the District of Columbia, Puerto Rico, and to Tribes with approved title IV-E plans.

Beneficiary Eligibility

Beneficiaries are children who meet the following requirements: (1) the child has been eligible for title IV-E foster care maintenance payments while residing for at least six consecutive months in the home of the prospective relative guardian; and (2) the State or Tribe has determined that the permanency options of being returned home or adoption are not appropriate for the child; and (3) the child demonstrates a strong attachment to the prospective relative guardian and the prospective guardian is committed to caring permanently for the child; and (4) for children who have attained the age of 14, the child has been consulted regarding the kinship guardianship arrangement. Beneficiaries may also be siblings of eligible children placed in the same kinship guardianship arrangement. FFP is available to States and Tribes that negotiate and enter into a written, binding kinship guardianship agreement.

Credentials/Documentation

See OMB Circular No. A-87. OMB Circular No. A-87 applies to this program.

Application and Award Process

Preapplication Coordination

Preapplication coordination is not applicable. Environmental impact information is not required for this program. This program is excluded from coverage under E.O. 12372.

Application Procedure

OMB Circular No. A-102 applies to this program. This program is excluded from coverage under OMB Circular No. A-110.

Award Procedure

Quarterly awards are made on the basis of estimated expenditures, which are later revised to include only actual allowable expenditures. Final decisions and awards are made by the Headquarters Office.

Deadlines

Not Applicable.

Range of Approval/Disapproval Time

HHS will approve/disapprove applications (title IV-E plans or amendments to them) within 45 days of receipt by HHS.

Appeals

Refer to 45 CFR Part 16.

Renewals

Not Applicable.

Assistance Considerations

Formula and Matching Requirements

Statutory Formula: Federal Financial Participation (FFP) for kinship guardianship is equal to the FMAP (as defined by sec. 1905(b) of the Social Security Act) for the total expended for kinship guardianship assistance payments; 75% of staff training costs; and 50% of other administrative costs. Short term training provided to kinship guardians is subject to a special FFP rate that varies by fiscal year (55% FFP in FY 2009; 60% for FY 2010).

Matching Requirements: Federal Financial Participation (FFP) for kinship guardianship is equal to the FMAP (as defined by sec. 1905(b) of the Social Security Act) for the total expended for kinship guardianship assistance payments; 75% of staff training costs; and 50% of other administrative costs. Short term training provided to kinship guardians is subject to a special FFP rate that varies by fiscal year (55% FFP in FY 2009; 60% for FY 2010).

This program does not have MOE requirements.

Length and Time Phasing of Assistance

Federal financial participation is available to a State operating under an approved State plan. Beginning in FY 2010, FFP will be available to Indian Tribes, Indian Tribal organizations and Tribal consortia with approved plans to operate a title IV-E program, including a guardianship assistance program. The title IV-E agency may implement and claim allowable guardianship assistance program costs beginning on the first day of the quarter in which an approvable title IV-E plan amendment is submitted to ACF to implement the guardianship assistance program. Method of awarding/releasing assistance: quarterly.

Post Assistance Requirements

Reports

Other reports as may be required by the Secretary. PSC-272. No progress reports are required. Expenditure reports are required 30 days after the end of the quarter; other reports as required by the Secretary. No performance monitoring is required.

Audits

In accordance with the provisions of OMB Circular No. A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Non-Profit Organizations," nonfederal entities that expend financial assistance of $500,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A-133. Audits are conducted in accordance with the requirements in 45 CFR 92.

Records

States and Tribes must maintain records necessary for the proper and efficient operation of the program, including records of applications, determinations of eligibility, allocated and direct administrative and training costs, and the provision of financial assistance. See also 45 CFR 92.42.

Program Accomplishments

Fiscal Year 2008: No Current Data Available Fiscal Year 2009: Kinship guardianship assistance payments are made to eligible children who are cared for by relative guardians. The program is available the first day of the quarter in which an approvable title IV-E plan is submitted. In FY 2009, funds will be available to States with approved title IV-E plans to operate a guardianship assistance program. Two States had plans approved in FY 2009. Fiscal Year 2010: Beginning in FY 2010, funds will be available to Indian Tribes, Indian Tribal organizations and Tribal consortia with approved title IV-E plans to operate a guardianship assistance program.

Financial Information

Account Identification

75-1545-0-1-609 - ARRA grants: 75-1546-0-1-609.

Obligations

(Formula Grants) FY 08 $0; FY 09 est $14,000,000; FY 10 est $49,000,000 - In FY 2009, ARRA grants are estimated to be $1 million and in FY 2010, ARRA grants are estimated to be $5 million.

Range and Average of Financial Assistance

The program is available as an option for States as of October 7, 2008, therefore estimates on the range and average of financial assistance are not yet available.

Regulations, Guidelines and Literature

See program guidance in ACYF-CB-PI-08-07 which can found at http://www.acf.hhs.gov/programs/cb/laws_policies/policy/pi/2008/pi0807.htm. See also the HHS Grants Policy Statement found online at: http://www.hhs.gov/grantsnet/adminis/gpd/index.htm.

Related Programs

93.599 Chafee Education and Training Vouchers Program (ETV); 93.645 Child Welfare Services_State Grants; 93.658 Foster Care_Title IV-E; 93.659 Adoption Assistance; 93.674 Chafee Foster Care Independence Program

Information Contacts

Regional or Local Office

See Regional Agency Offices. Contact the Regional Child Welfare Program Manager, ACF, HHS in the appropriate Regional Office. (See Appendix IV of the Catalog for a list of addresses of the Regional Offices.).

Headquarters Office

Gail Collins 1250 Maryland Avenue, SW, Washington, District of Columbia 20024 Email: gail.collins@acf.hhs.gov Phone: 202-205-8552

Web Site Address

http://www.acf.hhs.gov/programs/cb

Examples of Funded Projects

Not Applicable.

Criteria for Selecting Proposals

Not Applicable.