Department for Community Based Services

Standards of Practice Online Manual

4.5.5 Relative and Fictive Kin Placement Foster Care Payments

Cabinet for Health and Family Services

Department for Community Based Services
Division of Protection and Permanency
Standards of Practice Online Manual
Chapter:
Chapter 4-Out of Home Care Services (OOHC)
Effective:
7/2/2019
Section:
4.5.5 Relative and Fictive Kin Placement Foster Care Payments
Version:
3

When a section of SOP has been revised users will see the following: Added {This is added material}, Deleted {This is deleted material}. The bold and strikethroughs will appear on the site for fifteen (15) days after a modification and will then be removed.

 

This SOP applies to placements made prior to April 1, 2019

 

In October 2017, the federal court made a ruling (D.O. v. Glisson) that requires the Cabinet for Health and Family Services (CHFS) to pay relatives and fictive kin raising kin children a foster care payment.  This is a temporary payment for families and should not be considered as a long-term support.

 

For placements made after April 1, 2019, SOP 4.10.4 Relative Foster Home is followed. 

 
 

Introduction

 

Foster care payments under this ruling can be made to relatives or fictive kin per the following eligibility requirements:

    • There is an approved home evaluation;

    • The child must currently be in Kentucky’s CHFS custody or was previously in Kentucky’s CHFS custody for the current removal episode prior to the relative or fictive kin receiving temporary custody; and the relative or fictive kin has not yet obtained permanent custody through a DNA-9 (Permanent Custody Order).  This includes cases that are currently closed.

For active cases, D.O. v. Glisson foster care payments for eligible relatives and fictive kin will begin the date CHFS was awarded custody and the child was placed with the relative or fictive kin.  For inactive cases, payments begin the date the relative or fictive kin contacted the kinship support hotline to inquire about payment eligibility.  Payments are the same rate of the DCBS resource parent daily rate (currently $24.10 if child is under age 12, and $26.20 if child is age 12 and over). 

 

PRACTICE GUIDANCE

 
    1. SSW encourages the courts to complete the DNA-9 rather than granting permanent custody on a docket sheet, agreed order, DNA-6, or any form other than the DNA-9.

    2. D.O. v. Glisson payments end if/when the relative/fictive kin receives permanent custody through the DNA-9 form as well as other situations described below.

    3. SSW can seek assistance from OLS when pursuing permanent custody/DNA-9.

    4. Enter/Exit information is submitted electronically on the DPP-1279 automated form to the Regional Billing Specialist if the child is in CHFS custody at any time (even just a few hours). If the child is not placed in CHFS custody, an out of home care request and enter/exit screens should not be completed.

Procedure

 

For active cases:

 

The SSW:

 
 
  1. Completes the Relative/Fictive Kin Home Evaluation (DPP-1277) and discusses the short-term and long-term implications with the relative/fictive kin regarding accepting placement of the child;

  2. Uploads relative and fictive kin home evaluation with approval signatures into the TWIST case;

  3. Explains to the relative or fictive kin that they must make a placement/custody decision by the initial court date from option A or B below:

    1. Caregiver receives temporary custody;

      1. With this option, caregiver may receive traditional benefits through the Division of Family Support (DFS), i.e. KTAP, SNAP, medical card, etc.;

    2. CHFS receives temporary custody and the caregiver has the following options:

      1. Caregiver pursues foster parenting approval and must complete all requirements.

        1. Caregiver may receive D.O. v. Glisson foster care payments if eligible while awaiting final approval as a foster parent; or

      2. Caregiver requests to be considered for the D.O. v. Glisson foster care payments without completing the foster parent approval process.

        1. D.O. v. Glisson foster care payments are temporary and cease when a change in placement occurs, child reaches age 18, legal guardianship is granted, child is adopted, child is reunified with parent/caregiver, and/or the relative/fictive kin receives permanent custody by issuance of the DNA-9, etc.

  4. Provides the relative or fictive kin with the D.O. v. Glisson eligibility packet if the relative or fictive kin chooses to pursue these payments.  Eligibility packet includes:

  5.  
    1. Relative  and Fictive Kin Caregiver Agreement;

    2. Relative/Fictive Kin Placement Billing Invoice Example;

    3. Relative/Fictive Kin Placement Billing Invoice form;

    4. Authorization For Electronic Deposit Of Provider Payment form;

    5. Relative Direct Deposit Letter;

    6. Relative/Fictive Kin Tip Sheet;

    7. Resource Directory form; and

    8. Vendor Request Information form.  

    9.  
  6. Reviews eligibility with the regional point person who makes final determination of eligibility; 

  7. Forwards the eligibility packet to Office of Legal Services (OLS) (Teri.Carpenter@ky.gov) and Division of Administration and Financial Management (DAFM) (CHFSrelativepayments@ky.gov); 

  8. Submits the DPP-1279 automated TWIST form electronically in TWIST to the Regional Billing Specialist if the child has been in CHFS custody at any point during this removal episode; and

  9. Forwards a copy of the DNA-9 to DAFM (CHFSrelativepayments@ky.gov) and OLS (Teri.Carpenter@ky.gov) to process for discontinuation of payments; or

  10. Sends the relative or fictive kin caregiver notice of ineligibility via the DPP-180 Relative Fictive Kin Per Diem Payment Denial and DPP-154 Protection and Permanency Service Appeal if the caregiver is not eligible to receive payments. 

 

For inactive cases:

The SSW refers the relative or fictive kin to the kinship support hotline at 877-565-5608 or Relative.supports@ky.gov to inquire about eligibility.

 
 
 

Kinship support hotline/central office staff:

 
 
  1. Reviews case for eligibility determination;
  2. Sends notice of eligibility determination to relative or fictive kin;
  3. Sends the eligibility packet to relative or fictive kin if eligible, or DPP-180 Relative or Fictive Kin Per Diem Payment Denial and DPP-154 Protection and Permanency Service Appeal  additional list of resource options if ineligible if the caregiver is not eligible to receive payments;
  4. Receives the eligibility packet from relative or fictive kin (if individual meets eligibility criteria);
  5. Forwards the eligibility packet to OLS (who begins working with the relative to obtain permanent custody) and DAFM;
  6. Processes payments based on Relative Placement Billing Invoice received by relative or fictive kin (DAFM);
  7. Discontinues Medicaid and child care assistance if applicable, and re-establishes it under the D.O. v. Glisson foster care payments (DAFM); and
  8. Notifies DAFM when a DNA-9 is issued (OLS).  Court orders may be received from OLS, relatives, or local office staff.
 
 
 

Contingencies and Clarifications

 
  1. Relative or fictive kin submits a relative placement billing invoice (“monthly boarding statement”) to DAFM each month to document the number of days the child is in their home, special expenses, etc.  The mailing and email addresses are listed on the billing invoice.

  2. The eligibility packet includes child care assistance if the relative or fictive kin submits proof of at least 20 hours of employment per week.  Relative or fictive kin is responsible for any overage fees the daycare facility charges above the state rate.

  3. Relative or fictive kin receives payment once per month until no longer eligible to receive D.O. v. Glisson payments (a change in placement occurs, child reaches age 18, legal guardianship is granted, child is adopted, child is reunified with parent/caregiver, and/or the relative/fictive kin receives permanent custody by issuance of the DNA-9, etc.).

  4. D.O. v. Glisson foster care payments may impact other benefits the relative or fictive kin is already receiving, including Supplemental Security Income (SSI), Kentucky Transitional Assistance Program (KTAP), Supplemental Nutrition Assistance Program (SNAP), kinship care, Department of Housing and Urban Development Housing Assistance (HUD), and the Child Care Assistance Program (CCAP).  Caregiver is responsible to inquire with these agencies and report all payments of benefits to the appropriate agency.

  5. Relative or fictive kin is eligible to receive all benefits as foster parents, including clothing letter, special expenses, birthday, Christmas, etc. through the D.O. v. Glisson payment process.

  6. Relative or fictive kin signs a Relative and Fictive Kin Caregiver Agreement which explains that the relative/fictive kin must agree to obtain permanent custody of the child if they choose to receive D.O. v. Glisson payment. 

  7. Relative or fictive kin may continue to pursue approval as a foster parent if the child is in CHFS custody while receiving the D.O. v. Glisson foster care payments.

    1. The D.O. v. Glisson payments are separate from pursuing approval as a foster parent.

    2. Once foster parent approval occurs, the D.O. v. Glisson payments will transition to foster payments with the relative or fictive kin as an approved foster parent.

    3. Relatives may also receive the one time relative placement support benefit per SOP 4.5; SSWs must complete the request and Relative Placement Support Benefit Payment Request form.

  8. For inactive cases, OLS pursues permanency for the child.  For active cases, SSWs should continue with required pre-permanency conferences with the regional attorney as prescribed in SOP 11.36.1 or pursue permanent custody to the relative/fictive kin by the issuance of the DNA-9.

  9. For inactive cases, the SSW is not required to open a new intake or case. 

 
 
 
 
 
 
 
  
 

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