Subsidized Guardianship Agreement
If the child welfare agency has determined you and the child meet the eligibility criteria, then they will create a Subsidized Guardianship Agreement indicating your monthly payment amount and other agreement terms and conditions. If there are two caregivers who both want to be appointed as the child’s guardian, both caregivers should be listed on the Subsidized Guardianship Agreement.
An important part of the Subsidized Guardianship Agreement is designating a prospective successor guardian. A successor guardian is an individual the guardian determines would be best to assume the duty and authority of guardian of the child in the event of the guardian’s death or incapacitation. A successor guardian may also be eligible to enter into a new Subsidized Guardianship Agreement with the child welfare agency, which includes continuation of subsidized guardianship payments and the child’s Foster Care Medicaid if specific eligibility requirements are met. It is heavily encouraged to name a prospective successor guardian on your Subsidized Guardianship Agreement for these reasons. When the child has two caregivers, but only one is planning to be appointed the guardian, you may want to list the other caregiver as the prospective successor guardian. The individual(s) listed as the prospective successor guardian can be changed at any time prior to the death or incapacitation of the guardian(s).
The child welfare professional will review the Subsidized Guardianship Agreement with you and require your signature to acknowledge this review and that you agree to the terms and conditions. The child welfare professional will also sign the Subsidized Guardianship Agreement, and this serves as a binding agreement between you and the child welfare agency. Below is an example of what the Subsidized Guardianship Agreement looks like.
After the Subsidized Guardianship Agreement is created and signed, the legal process of appointing you as the child’s guardian will begin. You will receive notice of the court hearings and may be asked to testify in court. After guardianship is established, the court must terminate the court order placing or continuing the placement of the child outside their home and the subsidized guardianship payments would begin.