Ky.gov
Effective: 5/14/2020

C8.3 Relative and Fictive Kin Placement Foster Care Payments

Legal Authority

Introduction

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

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

For placements made after April 1, 2019, SOP C7.7.3 Relative or Fictive Kin Pursing Foster Home Approval is followed.

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

  • There is a DPP-1277 ​Safety Check and Review; 
  • 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 on the date CHFS was awarded custody and the child was placed with the relative or fictive kin. For inactive cases, payments begin on the date the relative or fictive kin contacted the kinship support hotline to inquire about payment eligibility. Payments are the same rate as the Department for Community Based Services (DCBS) resource parent daily rate (currently $24.10 if the child is under age 12, and $26.20 if the child is age 12 and over).​

Practice Guidance

  1. The 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. The SSW can seek assistance from the Office of Legal Services (OLS) when pursuing permanent custody/DNA-9. Enter/exit information is submitted electronically on the DPP-1279 Information for OOHC Placement automated form to the regional billing specialist if the child is in CHFS custody at any time (even just a few hours). 
  4. If the child is not placed in CHFS custody, an out-of-home care (OOHC) request and the enter/exit screens should not be completed.​​

Procedure

For active cases:

The SSW:

  1. Completes what was previously known as the DPP-1277 Relative/Fictive Kin Home Evaluation and discusses the short-term and long-term implications with the relative/fictive kin regarding accepting placement of the child. The current DPP-1277 Safety Check and Review form is different from the previous DPP-1277 Relative/Fictive Kin Home Evaluation form. The Relative/Fictive Kin Home Evaluation is no longer an active form and should only be used in cases prior to April 1, 2019; 
  2. Uploads the previous version of the DPP-1277 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, the caregiver may receive traditional benefits through the Division of Family Support (DFS), i.e., supplemental nutrition assistance program (SNAP), medical card, etc.; 
    2. CHFS receives temporary custody, and the caregiver has the following options: 
      1. Caregiver pursues foster parent 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
    3. 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: 
        1. A change in placement occurs; 
        2. The child reaches age 18; 
        3. Legal guardianship is granted; 
        4. The child is adopted; 
        5. The child is reunified with the parent/caregiver; and/or 
        6. ​The relative/fictive kin receives permanent custody by issuance of the DNA-9. 
  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: 
    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. 
  5. ​Reviews eligibility with the regional point person who makes the final determination of eligibility; 
  6. 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); 
  7. 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 
  8. 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 
  9. 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 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.

Conting​encies and Clarifications​

  1. The relative or fictive kin caregiver 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 caregiver submits proof of at least 20 hours of employment per week. The relative or fictive kin caregiver is responsible for any overage fees the daycare facility charges above the state rate. 
  3. Relative or fictive kin caregiver 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). 
  4. D.O. v. Glisson foster care payments may impact other benefits the relative or fictive kin caregiver 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). The caregiver is responsible for inquiring with these agencies and reporting all payments of benefits to the appr​opriate agency. 
  5. The relative or fictive kin caregiver 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. The relative or fictive kin caregiver 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. 
    • The D.O. v. Glisson payments are separate from pursuing approval as a foster parent. 
    • Once foster parent approval occurs, the D.O. v. Glisson payments will transition to foster care payments with the relative or fictive kin as an approved foster parent. 
    • Relatives may also receive the one-time relative placement support benefit per SOP 4.5; SSWs must complete the request and the Relative Placement Support Benefit Payment Request form. 
  7. For inactive cases, OLS pursues permanency for the child. For active cases, SSW should continue with required pre-permanency conferences with the regional attorney as prescribed in SOP C6.31.1 or pursue permanent custody to the relative/fictive kin by the issuance of the DNA-9. 
  8. For inactive cases, the SSW is not required to open a new intake or case.

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Documents

Revisions