Title IV-E GAP Narrative
Overview
Rhode Island had a subsidized guardianship program authorized through state law dating back to 1994. This program was funded with state dollars for non-relatives and with TANF child-only subsidy dollars for relatives. At the time the Fostering Connections Act became law, Rhode Island was working to increase use of the state guardianship program for children who could not return home or be adopted. There was statewide agreement that opting into the federal program made sense given that guardianship provides greater access to permanency, particularly for older youth. The federal program has also had a positive fiscal impact on the state, as it is less expensive to fund the guardianships than to keep the children in the child welfare system.
The Rhode Island GAP plan was approved in July 2009. The state began implementation immediately and began claiming Title IV-E guardianship assistance for cases going back to January 2009. Children who do not qualify under Title IV-E may still receive guardianship assistance through state funds.
Benefits of GAP
Impact on Children and Families
There were 316 guardianships in Rhode Island as of April 1, 2012. This number represents a significant increase in the number of guardianships granted since opting into Title IV-E GAP. The state program had only approximately 20 active guardianships; it was believed that guardianship was an appropriate option only for older children. The introduction of the federal program has provided an opportunity to educate staff and the community about the benefits of GAP for families and the importance of looking at whether or not it is appropriate on a case-by-case basis, particularly as a way to keep siblings together and to be responsive to individual family preferences.
GAP has allowed children who cannot return home or be adopted a way to exit foster care and achieve permanency. GAP has therefore decreased the number of children in state care, which allows valuable agency resources to be used on other children who do not have permanent relative placements.
Selected Characteristics of GAP
Definition of “Relative”
The definition of “relative” was expanded for GAP. To determine Title IV-E GAP eligibility, “relative” or “kin” is defined as:
“An individual who is related to the child by blood, marriage or adoption or an individual who is part of
the family support system such as a non-related godparent, caretaker, close family friend, neighbor, clergy or other adult who has a close and caring relationship with the child.”1
Determining that Return Home and Adoption are Not Appropriate Options
Guardianship is an option for children only when returning home and adoption are not available. The permanency plan is changed to kinship guardianship only after the Department of Children, Youth, and Families (DCYF) and the Family Court determine that reunification and adoption are not viable options and that guardianship is in the child’s best interest.
The Guardianship Assistance Service Plan requires the agency to describe the steps it has taken to determine that it is not appropriate for the child to be returned home or adopted. It must also describe the reasons why a permanent placement with a fit and willing relative through a kinship guardianship assistance arrangement is in the child’s best interests.
Implementing GAP
Training Strategies
DCYF trained all department staff on the benefits of guardianship for families. This training was particularly important for the staff in the permanency unit. It also had a dialogue about GAP with the foster care and adoption community and the courts to share its vision.
Methods for Tracking Benefits
Benefits are tracked through the Rhode Island Child Information System (RICHIS) and Medicaid; children are connected to community services through their health plan.
Impact of GAP Implementation on Licensing Relatives
All guardians must be licensed foster parents. Variances and waivers of certain licensing criteria are available for relatives. Although these were available to relatives prior to GAP, it is important to note that they are available to related prospective guardians.
Stakeholder Involvement
Several groups have helped Rhode Island publicize and implement GAP. The Rhode Island Foster Parents
Association is a recipient of a Family Connections Grant, which funds a kinship navigator to educate kinship families about the guardianship option. Adoption Rhode Island has been a resource to promote guardianship when adoption is not an option. Casey Family Services was instrumental in supporting guardianship and implementation of the federal option. Casey Family Services also has coordinated the work of the Grand Divas, a group of kinship caregivers who provide support to kinship families and can help educate kinship families about guardianship.
Challenges and Opportunities
When Rhode Island began raising awareness about the GAP option, it faced two main concerns. First, it wanted to ensure that the courts did not order guardianships without first ruling out adoption and reunification. Second, it was concerned that workers would not adequately explore adoption with a prospective guardian. In response to these concerns, the state created subsidy forms to help staff document all the actions that have been taken to explore the most appropriate permanency option. These forms must be reviewed by the caseworkers’ administrators. Rhode Island also faced a challenge in complying with the federal requirement that a child must live with the prospective guardian in a licensed home for six months prior to the guardianship award. The state did not want to slow the permanency process for this long and believed it would be an unnecessary barrier to permanency for children who were ready. The state made the decision to move several of these children into guardianships before the six months were completed and pay for the subsidy with state funds.
Advice to Other States
Rhode Island recommends that states develop a well-articulated process for the steps to take when a guardianship is terminated.
Helpful Policies and Implementation Tools
• R.I. Gen. Stat. § 40-11-12.3, available at
http://www.rilin.state.ri.us/Statutes/TITLE40/40-11/INDEX.HTM
• Legal Guardianship and Kinship Guardianship Assistance Rhode Island Department of Children, Youth and Families Policy: 700.0245, available at
http://www.nrcpfc.org/fostering_connections/state_gap/RI%20Legal%20Guardianship%20and%20Kinsh ip%20Guardianship%20Asst%20policy%20700%200245.pdf
• Foster Care and Adoption Regulations for Licensure Section 2-III: Variance and Waiver, available at
http://www.dcyf.ri.gov/docs/fc_reg.pdf
GAP Contact in Rhode Island
Kevin Savage, Administrator Licensing and Regulation
Department of Children, Youth and Families 401-528-3629