5.10 Discontinuance of Subsidized Permanent Custody (SPC) Assistance

Legal Authority

Subsidized permanent custody assistance may be discontinued for any of the following reasons:

A child is no longer receiving financial support from the permanent caregiver;
The permanent caregiver(s) legal responsibility to the child has ended;
Custody is reassigned to a successor caregiver;
In the event the state legislature fails to appropriate funds to support the SPC program; and
In the event of a new DPP-1257 Subsidized Permanent Custody Agreement.

At the request of the permanent caregiver(s);
Upon the death of the permanent caregiver(s);
Upon the child's death, marriage, or military service;
When the child reaches age eighteen (18); or youth over the age of eighteen (18) who is no longer meeting the eligibility requirements for subsidized permanent custody monthly maintenance payments; and
Upon high school graduation or the child's nineteenth (19th) birthday, whichever comes first. ₁

Suspension of subsidized permanent custody monthly maintenance shall occur when:

Three (3) documented attempts by the Cabinet to make annual contact have failed due to lack of response from the permanent caregiver;
The permanent caregiver notifies the Cabinet of any changes in circumstances that would change the payment amount or make the permanent caregiver ineligible for payments;
The child reenters the custody of the cabinet;
Cabinet has repeatedly requested documentation regarding financial responsibility from the permanent caregiver; and
The Cabinet shall resume payment if modifications to the agreement are agreed upon by the Cabinet and the permanent caregiver, or if the permanent caregiver resumes support of the child. If the payment is suspended and resumed, backpay will not be issued.

The recruitment and certification (R&C) worker/permanency worker:

Advises the caregiver(s) of the reduction, suspension, or termination, in writing using the DPP-154A Notice of Intended Action, at least ten (10) calendar days before the intended action;
Notes the date and reason for reduction, suspension, and termination;
Sends with the notice the DPP-154 Protection and Permanency Service Appeal informing the caregiver(s) of their right to file a service appeal as outlined in SOP 30.1 Service Appeals;
Completes a new DPP-1257 Subsidized Pemanency Custody (SPC) Agreement for those receiving title IV-E SPC assistance to continue to receive SPC assistance through state funds. All required parties sign the new DPP-1257; and
Submits the School Verification Form and updated DPP-1257 to billing specialist and children's benefit worker (CBW). Please refer to SOP 13.46 Continuation of Adoption Assistance After Age 18. for additional information.

The caregiver requests that the school complete a School Verification Form. The permanent caregiver submits the form to the R&C worker. The R&C/subsidy worker submits the School Verification Form to the billing specialist and CBW. Please refer to SOP 13.46 Continuation of Adoption Assistance After Age 18 for additional information.