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Effective: 5/21/2025

C8.5 Introduction to Subsidized Permanent Custody

Legal Authority

Introduction

​​​​​​​​​​​​Subsidized permanent custody (SPC) is federally recognized as the Title IV-E Guardianship Assistance Program (GAP). The Cabinet for Health and Family Services (Cabinet/CHFS) provides SPC assistance payments, on behalf of children, to relative and fictive caregivers who assume legal custody of the child for whom they have cared as foster parents and for whom they have committed to care for on a permanent basis. A child is eligible for kinship or subsidized permanent custody if the Cabinet determines that the child has been removed from their home pursuant to a voluntary placement agreement or because of a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child. 

Beneficiaries are children who are eligible to receive foster care maintenance payments for at least six (6) months, while living in the home of a prospective caregiver who is certified or approved as meeting the certification requirements as a foster family. 

The agency must determine the following: 

  1. A return home or adoption is not an appropriate permanency options for the child; 
  2. The child demonstrates a strong attachment to the prospective caregiver; 
  3. The caregiver has a strong commitment to caring permanently for the child; and
  4. Children who are age fourteen (14) or older, must be consulted regarding their permanent custody arrangement with the caregiver.


Practice Guidance

Procedure

Documents

Revisions

​2/3/2025

Subsidized permanent custody (SPC) is federally recognized as the Title IV-E Guardianship Assistance Program (GAP). The Cabinet for Health and Family Services (Cabinet/CHFS) provides SPC assistance payments, on behalf of children, to relative and fictive caregivers who assume legal custody of the child for whom they have cared as foster parents and for whom they have committed to care for on a permanent basis. This is a formula grant that helps states who opt to provide guardianship assistance payments for the care of children by relatives/fictive kin who have assumed permanent custody of eligible children for whom they previously cared for as foster parents. ​​A child is eligible for kinship or subsidized permanent custody if the Cabinet determines that the child has been removed from their home pursuant to a voluntary placement agreement or because of a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child. 

4.  Children who are have attained the age of fourteen (14) or older, must be the child has been consulted regarding their pemanent custody arrangement witht he caregiver. the permanency plan.​​​

5/21/2025

Beneficiaries are children who are eligible to receive foster care maintenance payments for at least six (6) months while living in the home of a prospective caregiver who is certified or approved as meeting the certification requirements as a foster family.