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Effective: 01/08/2026

C12.9 Youth with Disabilities and Guardianship

Legal Authority

Introduction

​​​​​​​​​​​​​​​​​​Transition-age youth with developmental or intellectual disabilities may not be able to live independently as adults. Planning for adulthood for these youth must begin early, regardless of permanency goal. However, it is especially important to collaborate with partners to support the youth into adulthood if permanency through reunification or adoption is unlikely.   ​​​​​

Practice Guidance

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  • ​Guidance under this section may also apply to youth with behavioral health diagnoses if the youth is unable to make informed decisions to such an extent that they lack the capacity to provide for their own physical health and safety, including but not limited to health care, food, shelter, clothing, personal hygiene, or financial resources.
  • A youth with a diagnosis or disability is permitted to extend or reinstate commitment to the Cabinet before attaining twenty (20) years of age. This reinstatement will allow the youth to be committed to the Cabinet for Health and Family Services (Cabinet/CHFS)  until the age of twenty-one (21) and to receive transitional living support. 
  • Youth with a diagnosis of developmental or intellectual disability who would like to voluntarily participate in an extension of transitional living support have the right to voluntarily extend their commitment to the Cabinet.
  • It is essential to note that even if a youth has an IQ below seventy (70) or an intellectual or developmental disability, the Cabinet is not the youth's guardian. For this reason, guardianship must be pursued if a youth is unable to communicate the desire to extend commitment, does not wish to extend commitment, or wants to leave care at any point after commitment is extended. Guardianship must also be pursued if a court will not allow the youth to voluntarily extend commitment.  
  • If guardianship is pursued because a youth does not wish to extend commitment but cannot live independently, the youth's guardian may then make the decision to extend commitment to the Department for Community Based Services (DCBS). 
  • Guardianship may also need to be pursued to obtain significant medical intervention if the youth is unable to consent. 
  • If commitment has been extended and guardianship is also in place, the case can remain open, and services can be provided for as long as it benefits the young adult. However, if the young adult does not wish to receive services from DCBS and is not willing to remain in a DCBS-approved placement, the case can be closed after guardianship, disability benefits, and supports for community living (SCL) waiver allocation and placement have been completed. 
  • Application for a youth to be placed on the SCL waiver waiting list should be made as early as possible if the youth has a developmental or intellectual disability that will prevent them from living independently as an adult. This process should begin as soon as DCBS is aware that a child in care has a developmental or intellectual disability that would qualify them for the waiver. 
  • IQ testing and an adaptive functioning assessment will be needed for the waiver application.
  • Eligibility for other waiver programs, such as Michelle P., Home and Community Based, or Acquired Brain Injury waiver programs, may also be determined when the ​Medicaid Waiver Management Application (MWMA) is submitted to apply for the SCL waiver. In addition to the MWMA, the MAP 10​ must be completed by the youth's physician, recommending specific waiver programs. Therefore, it is helpful to communicate and collaborate with the physician to determine which waiver programs are being recommended.
  • A new MWMA is needed to apply for other waiver programs at a future date.  



Procedure

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The SSW: 
  1. Completes transition planning procedures as described in SOP C12.6 Transition Planning for Youth Age seventeen (17) and Older; 
  2. Includes the supportive living specialist (SLS), transitional living specialist (TLS), and likely future guardian (parent, relative, or Division of Guardianship) in transition planning for youth age seventeen (17) and older with an intellectual or developmental disability, even if guardianship will not be pursued until age twenty-one (21);
  3. Explains the benefits of extending commitment to the Cabinet until age twenty-one (21) to youth who have an IQ below seventy (70), have an intellectual or developmental disability, or who have severe mental illness that will limit their ability to live independently;
  4. Does not release commitment for youth who appear to be incapable of making decisions or managing their own affairs until a plan has been developed to ensure their care;
  5. Works in partnership with family members or the appropriate prevention specialist with the Division of Guardianship in any of the following situations involving a youth with an intellectual or developmental disability or severe mental illness:
    1. ​​Youth does not want to extend commitment voluntarily and will not have a safe and appropriate caregiver;
    2. The court will not allow the youth to voluntarily extend commitment because of the youth’s disability; 
    3. The youth wants to leave care at some point after extending commitment; or
    4. Youth is unable to make their own care decisions as a result of extreme medical issues;
  6. ​Performs a diligent search to identify potential individual guardians by utilizing all family finding or search resources available to DCBS, including search of birth and adoptive family members (if applicable), excluding case information that is sealed as a result of a finalized adoption;
  7. Considers all family members or other individuals in the youth’s life who may be interested in serving as a guardian, regardless of termination of parental rights (TPR) status, excluding only those who would pose an extreme risk of maltreatment or exploitation of the youth; 
  8. May assist the family member or individual in filing the guardianship petition if an appropriate and willing person has been identified;
  9. Works in partnership with an individual who seeks guardianship to ensure that a youth’s long-term needs will be met prior to release of commitment, including:
    1. Securing SCL placement as described in SOP C12.10 SCL Waiver Application and Placement Search​;
    2. Assistance with obtaining adult Supplemental Security Income (SSI) Disability;
  10. ​May close the case upon verifying all of the following are in place:
    1. Family member or other individual has obtained guardianship through the district court;
    2. Youth’s adult SSI Disability is in place;
    3. Youth is fully enrolled in the SCL waiver;
    4. Youth is in an SCL placement.
  11. ​If no appropriate family members or other individuals are willing and able to serve as guardian, reviews the Pre-Guardianship Checklist and schedules a consultation with the prevention specialist in the Division of Guardianship if guardianship will be needed within the next six (6) months; 
  12. ​Completes the GF-01 Guardian Information Form​ prior to the consultation with the prevention specialist if it seems that guardianship will be needed within the next six (6) months;  
  13. ​​Following the consultation, completes any additional steps identified in the consultation that may be necessary before filing a petition;
  14. In collaboration with the Division of Guardianship, determines the need to file a petition, when to file, and whether an emergency petition may be needed; 
  15. Completes the AOC-740 Petition to Determine if Disabled and sends to the prevention specialist in the Division of Guardianship, if this was the agreement in the consultation with guardianship;
  16. Upon approval from the Division of Guardianship, will receive a completed, signed, and notarized AOC 745 Application for Appointment from the guardianship prevention specialist in addition to the submitted and reviewed AOC-740 Petition to Determine if Disabled; 
  17. Signs the AOC-740 and files the AOC-740, the AOC-745, and the AOC-034 Personal Identifier Data Sheet with the district court where the youth resides; 
  18. Consults with the Division of Guardianship if an emergency arises that would place the youth over age eighteen (18) in danger of serious impairment to their health or safety if immediate action is not taken;  
  19. Upon agreement by the Division of Guardianship, signs the AOC-747 Petition/Application for Emergency Appointment, to initiate or change the proceeding to an emergency petition and appointment;
  20. Testifies at the emergency hearing, which is held within forty-eight (48) hours, or when the court sets the hearing time; 
  21. Makes a referral to adult protective services for general adult services if the Division of Guardianship does not support filing a petition, but additional services and support are still needed; 
  22. Works in partnership with the SLS and the contractor designated by the Division of Administration and Financial Management (DAFM) to apply for disability benefits in order to verify that SSI benefits are in place for youth age seventeen (17) or older as they prepare to transition out of the Cabinet’s care, to include:
    1. ​Ensuring that the re-determination documentation for adult disability benefits has been completed at approximately age eighteen (18);  
    2. Application for SSI benefits if a youth does not already receive those or is receiving Title IV-E benefits; and
    3. Reapplying for benefits if a youth has experienced a long-term incarceration or hospitalization that resulted in loss of benefits; 
  23. ​Follows procedures in SOP C12.10 SCL Waiver Application and Placement Search for youth with developmental or intellectual disabilities who will need SCL placement in the future to ensure they are on the waiting list even if placement is not yet needed; 
  24. Works closely with the SLS and TLS to ensure all applicable resources are in place prior to a youth with disabilities transitioning from care including:
    1. Supplemental Security Income (SSI) disability;
    2. Guardianship; and 
    3. SCL waiver and placement;  
  25. ​Ensures the transition plan with the above-listed resources is finalized at the age of twenty and a half (20.5) transition planning meeting, including any relatives or positive supports who may remain involved with the youth after leaving care; 
  26. May consider a personal care home or family care home, under exceptional circumstances, if the FSOS and family team agree this is the best option to meet a youth’s needs;
  27. Submits a memo through the TLS, FSOS, and service region clinical associate (SRCA)/service region administrative associate (SRAA) to the service region associate (SRA) for approval for placement up to six (6) months in a personal care home or family care home, documenting the reasons such placement is in the youth’s best interest;
  28. Reviews family care home or personal care home placement with the family team at each periodic review and may request a six (6) month extension from the SRA if the team agrees that placement continues to be in the youth’s best interest.    

The TLS:
  1. Facilitates the transition planning meetings in accordance with SOP C12.6 Transition Planning for Youth Age 17 and Older​;
  2. Invites the following individuals to the transition planning meetings as applicable: 
    1. ​The youth’s SSW (social workers or their FSOS must participate in all transition planning meetings); 
    2. SLS;
    3. Mental health provider for the youth; 
    4. Adult protective services (APS) staff;  
    5. Guardianship staff; 
    6. Potential individual guardian or other relatives who will continue to play a supportive role;
    7. Supports requested by youth; and
    8. Other partners who will continue to provide services; 
  3. ​Works in partnership with the SLS to provide support and consultation to the worker on meeting the needs of youth with disabilities. ​
The SLS:
  1. Attends transition planning meetings with the TLS beginning at the seventeen (17) year old transition planning meeting; 
  2. Attends subsequent annual meetings with the TLS as available and follows up with workers about completing needed tasks specific to getting services in place for the youth as they transition from out-of-home care (OOHC);
  3. May assist the worker by confirming SSI status and contacting the Department for Behavioral Health, Developmental and Intellectual Disabilities (BHDID) to confirm waiver status of youth;
  4. Provides consultation to the worker as needed regarding application for SSI disability;
  5. Provides consultation to the worker as needed regarding the SCL waiver application;
  6. Schedules a transition planning meeting for the youth at age twenty and a half (20.5) to finalize the plan for the youth as they exit OOHC. This should include a meeting with guardianship and any possible family members who are willing to support the youth after they leave care;
  7. Provides consultation to workers and regional staff on issues related to meeting the needs of youth and young adults with disabilities, including information on community-based resources such as Vocational Rehabilitation and community mental health centers (CMHC);
  8. Serves as liaison to the Division of Guardianship staff to assist in working through issues related to DCBS youth transitioning to state guardianship.​

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Documents

Revisions