Illinois Department of Children and Family Services
FFY 2011 Annual Progress and Services Report
71
KinGap Replaces Subsidized Guardianship
Illinois began its KinGAP program on 11/1/09 immediately after the end of the last subsidized
guardianship waiver on 10/31/09. Children in the SG Waiver on or before 09/30/2008 were
automatically grandfathered into KinGAP. Caregivers who wish to enter into guardianship
arrangements under KinGAP are required to meet all KinGAP eligibility requirements at the
time of entering Guardianship. Those children who entered SG after 9/30/2008 and prior to
11/01/2009 and who do not meet the new KinGAP requirements no longer have the potential
of being claimed under Title IV-E.
Components of the KinGap
Illinois developed a new rule 302.410 (Subsidized Kinship Guardianship) which was approved
by the state’s Joint Committee on Administrative Rules in February, 2010. Key components
of the new rule follow:
a) General Provisions
1) Funding Source
Public Law 110-351, at the option of the State, provides for the State to
enter into kinship guardianship assistance agreements to provide kinship
guardianship assistance payments on behalf of children to grandparents
and other relatives who have assumed legal guardianship of the children
for whom they have cared as foster parents and for whom they have
committed to care on a permanent basis. The program offers a subsidized
private guardianship arrangement for children for whom the permanency
goals of return home and adoption have been ruled out. Guardianship is
governed by the Illinois Probate Act [755 ILCS 5] and the Illinois
Juvenile Court Act [705 ILCS 405]. A licensed relative foster parent
caring for a child determined to be eligible for the subsidized kinship
guardianship program shall be made aware of the availability of
subsidized kinship guardianship and the types of assistance available.
The subsidized kinship guardianship agreement must be signed prior to
the transfer of guardianship.
b) Subsidized Kinship Guardianship Agreement
The type, amount and duration of subsidized kinship guardianship shall be
agreed to in writing by the Department and the subsidized guardian prior to the
transfer of guardianship, and shall be set forth in the subsidized kinship
guardianship agreement, which shall be binding on the parties to the agreement.
The agreement shall also stipulate that it (the agreement) shall remain in effect
regardless of the state where the subsidized guardian resides currently or in the
future and shall contain provisions for the protection of the interests of the child
in cases in which the subsidized guardian and child move to another state while
the agreement is in effect.
The amounts of ongoing subsidized kinship guardianship payments are subject
to change based on changes in State or federal law regarding adoption assistance
payments. Subsidized guardians may refuse any or all payments offered by the
Department. The child for whom guardianship is transferred and for whom the
