Department of Children, Youth & Families

Original Date: June 10, 2010

Revised Date: June 15, 2024

Sunset Review Date: June 30, 2028

Approved by: Natalie Green, Assistant Secretary of Child Welfare Division

Purpose

The purpose of the policy is to provide guidance on the use of the Guardianship Assistance Program (GAP) and Extended Guardianship Assistance Program (EGAP). GAP and EGAP include a monthly subsidy and Medicaid eligibility for children and youth and is available to support their care with licensed caregivers.

Scope

This policy applies to Department of Children, Youth, and Families (DCYF) employees.

Laws

Chapter 11.130 RCW Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act

Chapter 13.36 RCW Guardianship Chapter

RCW 13.38.040 Definitions

RCW 74.13.031 Duties of the Department, Child Welfare Services, Children’s Services Advisory Committee

RCW 74.13A.047 Adoption Assistance Payments, expenditure limits

RCW 74.15.020 Definitions

42 U.S.C. 671 State plan for foster care and adoption assistance

42 U.S.C. 673 Adoption and guardianship assistance program

42 U.S.C. 675 Definitions

PL 110-351 Fostering Connections to Success and Increasing Adoptions Act of 2008

PL 113-183 Preventing Sex Trafficking and Strengthening Families Act

Policy

Caseworkers must:
1. Assess children or youth and potential guardians for GAP eligibility, per WAC 110-85-0050, as part of the concurrent planning process when guardianship has been determined to be in their best interest.
2. Refer potential eligible licensed caregiver to the GAP gatekeeper.
GAP gatekeepers must:
1. Verify eligibility, develop, negotiate, and renegotiate with eligible caregivers for GAP and EGAP.
2. Determine and document the GAP funding source for each child or youth.
3. Manage and follow executed GAP and EGAP agreements to assist caregivers in caring for children and youth.
4. Suspend or terminate GAP and EGAP agreements, if applicable.
5. End GAP service payments at age 18 unless they qualify for EGAP.
Regional administrators (RA) or designees must approve or deny GAP and EGAP agreements.

Procedures

Notifying Potential Guardians of the GAP
Caseworkers must:
1. Provide all caregivers with an explanation of GAP eligibility criteria and subsidy benefits using the Permanency Planning Matrix DCYF CWP_0088 publication and review with them the following requirements:
  1. They must be fully licensed foster parents in order to receive the GAP subsidy.
  2. Youth who achieve permanency through guardianship do not qualify for Extended Foster Care.
  3. The child or youth must be placed with them for at least six consecutive months after they are fully licensed foster parents, before the court will establish the guardianship.
  4. The GAP Agreement DCYF 15-391 form must be signed prior to the court establishing the guardianship.
  5. Those who reside outside of Washington State must meet both of the following:
    1. Have placement of a child or youth through an Interstate Compact on the Placement of Children (ICPC).
    2. The GAP eligibly requirements. Rate will be based on either the Washington State guardianship subsidy rate or their states subsidy rate, whichever is higher.
2. Document this discussion in a FamLink case note.
Initiating the GAP Process
1. Caseworkers must complete the following when considering guardianships subsidized through GAP as the child’s or youth’s permanent plan:
  1. Follow the:
    1. Guardianships policy.
    2. Indian Child Welfare (ICW) Dependency Cases policy when there is reason to know children are or may be Indian children.
  2. Verify the caregivers meet the eligibility criteria in both the:
    1. Permanency Planning Matrix DCYF CWP_0088 publication
    2. WAC 110-85-0050
  3. Complete the Guardianship Approval Checklist DCYF 15-324 form.
  4. Provide proposed guardians the following forms:
    1. Application for GAP and/or Reimbursement of Guardianship Finalization Costs DCYF 15-392
    2. Guardian Assistance Program Worksheet DCYF 15-390
  5. Obtain the complete forms in Procedures Section 1.a.iv. from the proposed guardians.
  6. Provide supervisors with completed GAP subsidy packets, that include:
    1. The following forms:
      1. Application for GAP and/or Reimbursement of Guardianship Finalization Costs DCYF 15-392
      2. Guardian Assistance Program Worksheet DCYF 15-390
      3. Guardianship Approval Checklist DCYF 15-324
      4. Declaration of Proposed Guardian JU 14.0250
    2. A copy of the proposed guardians’ foster care license and home study if they are not in FamLink.
2. Supervisors receiving the GAP subsidy packets must:
  1. Review the packets for approval and complete the Guardianship Approval Checklist DCYF 15-324 form.
  2. If:
    1. Approved, send the form and attachments to the area administrator (AA) or designee.
    2. Denied, return the form to caseworkers with the reason for the denial.
3. AAs or designee receiving the guardianship packets must:
  1. Review the packets for approval and complete the Guardianship Approval Checklist DCYF 15-324 form.
  2. If:
    1. Approved, send the form and attachments to the RA or designee.
    2. Denied, return the form to supervisors with the reason for the denial.
4. RAs or designees receiving the guardianship packets must:
  1. Review the packets for approval and complete the Guardianship Approval Checklist DCYF 15-324 form.
  2. If:
    1. Approved, send the form and attachments to caseworkers.
    2. Denied, return the form to AAs or designee with the reason for the denial.
5. Caseworkers receiving:
  1. Approved guardianship packets must send them to GAP gatekeepers.
  2. Denied guardianship packets must:
    1. Discuss the reasons for denial with their supervisor to determine how to resolve any barriers or issues related to the denial.
    2. Contact the proposed guardians requesting information to remedy any barriers or issues.
    3. Resubmit the guardianship packet following Procedures Section 2. a.vi.
Determining the Funding Source, Negotiating the Subsidy Amount, and Completing the GAP Agreement
1. GAP gatekeepers must complete the following when they receive approved GAP applications:
  1. Review the completed GAP application packet.
  2. Obtain a letter from the tribe for children determined to be an Indian child, that verifies the proposed guardians are considered their relative based on tribal code or custom, per the ICW Dependency Cases policy, if applicable.
  3. Follow the GAP Funding Source Flow Chart document when determining GAP funding source, either:
    1. Federal funded GAP
    2. State funded GAP
  4. Initiate the GAP IV-E Eligibility tab in FamLink for children and youth.
  5. Notify IV-E specialists to complete the IV-E Federal Funding Eligibility Determination for GAP in FamLink.
  6. Document the information from the Guardian Assistance Program Worksheet DCYF 15-390 form into the FamLink GAP Agreement DCYF 15-391 form.
  7. Verify the foster care rate has been determined per the Caregiver Support Level and Foster Care Rate Assessment Determination policy.
  8. Negotiate the monthly subsidy amount with proposed guardians and approve any non-recurring expenses for the finalization of the guardianship. The GAP monthly subsidy amount cannot exceed the following statutory caps for foster care maintenance payments for that child or youth if they had remained in foster care during the same period:
    1. Infants and children birth through age four, may receive up to 80 percent of the foster care maintenance payment.
    2. Children age five through nine, may receive up to 90 percent of the foster care maintenance payment.
    3. Children or youth age 10 to 18, may receive up to 95 percent of the foster care maintenance payment.
  9. Not consider the following when calculating the GAP subsidy amount:
    1. Child care expenses.
    2. Medical related expenses, per WAC 110-85-0100.
    3. Exceptional costs foster care described in the Administrative Approval Request 05-210 form, per Administrative Approvals policy.
  10. Inform the proposed guardians and caseworkers that GAP agreements must be signed prior to the guardianship hearing and order.
  11. Launch the FamLink GAP Agreement DCYF 15-391 form, but do not complete the agreement in FamLink.
  12. Complete and send the hard or electronic copy of the GAP Agreement DCYF 15-391 forms to proposed guardians for signature.
  13. Submit signed GAP Agreement DCYF 15-391 forms to the RA or designee for approval.
2. RAs or designees receiving GAP Agreement DCYF 15-391 forms must:
  1. Review the GAP Agreement DCYF 15-391 forms for approval.
  2. If:
    1. Approved, send the GAP Agreement DCYF 15-391 forms to the GAP gatekeepers.
    2. Denied, return form to the GAP gatekeepers with the reason for the denial.
3. GAP gatekeepers must complete the following when they receive:
  1. Approved GAP Agreement DCYF 15-391 forms from RAs:
    1. Notify caseworkers the GAP Agreement DCYF 15-391 form has been signed by all parties and the guardianship hearing can take place.
    2. Provide signed copies of the GAP Agreement DCYF 15-391 form to proposed guardians.
    3. Upload the following into FamLink:
      1. Signed GAP Agreement DCYF 15-391 form.
      2. Application for the Guardianship Assistance Program (GAP) Subsidy and/or Reimbursement of Guardianship Finalization Costs DCYF 15-392 form.
      3. Guardian Assistance Program Worksheet DCYF 15-390 form.
      4. Guardianship Approval Checklist DCYF 15-324 form.
      5. Receipt for one-time costs related to legal assistance, if applicable.
  2. Denied GAP Agreement DCYF 15-391 forms from RAs:
    1. Notify proposed guardians using the GAP Denial Notice DCYF 07-004 form.
    2. Document in FamLink the GAP Denial Notice DCYF 07-004 form was provided to the proposed guardians.
    3. Upload GAP Denial Notice DCYF 07-004 form in FamLink.
After Subsidized GAPs are Established
1. Caseworkers:
  1. Must complete the following when subsidized guardianships are established:
    1. Notify their GAP gatekeeper on the date guardianships are established.
    2. Close all services and payments in FamLink using the day prior to the date the guardianship was established.
    3. Update and close legal and placement in FamLink using the Legal FamLink Training Guide within seven calendar days of receipt of dependency dismissals from the court.
    4. Request to transfer subsidized guardianship cases to the GAP gatekeeper in FamLink, per the Case Transfers policy.
  2. May make a One-Time Payment for catastrophic events for the guardians, per the Adoption Support policy.
2. GAP gatekeepers must complete the following when they are notified that subsidized guardianships have been established:
  1. Review cases in FamLink to verify placement, legal, services, and payments are closed.
  2. Authorize appropriate GAP services in FamLink for the agreed on:
    1. Monthly subsidy.
    2. Non-recurring expenses.
  3. Notify fiduciaries of the:
    1. GAP Agreement subsidy amounts.
    2. Source of payments, e.g., federal or state funded GAP.
  4. Complete and submit the Request to Foster Care Medical & Adoption Support Team (ASP) DCYF 15-401 form.
  5. Notify the LD worker of the:
    1. Established GAP.
    2. Change in status of the child or youth.
Modifying GAP Agreements
1. GAP gatekeepers must:
  1. Consider a modification to a GAP agreement when receiving a written request by the guardians to modify their existing GAP agreement if one of these criteria are met:
    1. Increase or decrease in the special needs of a child or youth.
    2. A change in:
      1. Circumstances of the guardianship family.
      2. The maximum allowable cash payment based on the age of the child or youth.
  2. Send the guardian the Guardian Assistance Program Worksheet DCYF 15-390 form to complete and submit.
  3. Review the Guardian Assistance Program Worksheet DCYF 15-390 form and reasons for modification.
  4. Determine if the modifications meet the requirements in WAC 110-85-0140. If the modification to the GAP Agreement is:
    1. Allowed:
      1. Complete the Caregiver Support Level and Foster Care Rate Assessment Determination and renegotiate the foster care maintenance level using the percentages in Procedures Section 3.a.viii. based on the child’s or youth’s age when being modified.
      2. Contact the headquarters placement stability program manager for complex cases, as applicable.
      3. Update the GAP Agreement DCYF 15-391 form with the new rate and send to the guardian for signature.
      4. Send the signed modified GAP Agreement DCYF 15-391 form to the RA for approval.
    2. Not allowed, notify the:
      1. AA of the reason and decision to deny the modification.
      2. Guardians using the Notice of Denial of Modification to GAP Agreement DCYF 07-011 form and send certified mail, and if they:
        Do not request an administrative hearing, maintain the current GAP agreement.
        Request an administrative hearing:
        Maintain their current GAP agreement.
        Attend administrative hearings, unless directed otherwise by the Assistant Attorney General (AAG). If the court determines the caregiver is:
        Eligible for their modification request, follow the administrative hearing order.
        Not eligible for their modification request, maintain the current GAP Agreement.
        Document in FamLink the outcome of the administrative hearing.
        Upload the administrative review hearing into FamLink.
  5. Transfer subsidies to successor guardians when they request to be named the new GAP or EGAP guardian, if they were named in the original or modified GAP Agreement DCYF 15-391 form prior to the death or incapacity of the guardians, per WAC 110-85-0220.
2. RAs or designees receiving modified GAP Agreement 15-391 forms must:
  1. Review the modified GAP Agreement DCYF 15-391 forms for approval.
  2. Send approved modified GAP Agreement DCYF 15-391 forms to the GAP gatekeepers or provide a reason for the denial.
3. GAP gatekeepers must complete the following if the RA:
  1. Approved requests:
    1. Notify fiduciaries of the modified GAP Agreement subsidy amounts.
    2. Upload the signed modified GAP Agreement DCYF 15-391 forms in FamLink.
  2. Denied requests:
    1. Provide the Notice of Denial of Modification to GAP Agreement DCYF 07-011 forms to the guardians and follow Procedures Section 5.a.iv.B.II.
    2. Upload the:
      1. Notice of Denial of Modification to GAP Agreement DCYF 07-011 forms in FamLink.
      2. Administrative hearing orders, as applicable.
Administrative Hearings for Extenuating Circumstances
GAP gatekeepers must complete the following when guardians obtain an administrative hearing order of extenuating circumstances for a GAP, after guardianships were established in court:
1. Consult with the statewide GAP program manager.
2. Follow WAC 110-85-0250.
3. Obtain the administrative review hearing order establishing extenuating circumstances.
4. Open a “payment only” file in FamLink, if the family case has been closed.
5. Follow Procedures Sections 2.a.iii-2.e.
6. Notify the fiduciaries of the GAP Agreement subsidy amounts.
7. Upload the following to the “payment only” file in FamLink, the:
  1. Signed GAP Agreement DCYF 15-391 form.
  2. Administrative review hearing order for the extenuating circumstance.
  3. IV-E Eligibility Determination for Federal Funds for GAP, Guardianship Assistance Program DCYF 14-319A form, as applicable.
  4. Application for GAP and/or Reimbursement of Guardianship Finalization Costs DCYF 15-392 form.
  5. Guardian Assistance Program Worksheet DCYF 15-390 form.
  6. Guardianship Approval Checklist DCYF 15-324 form.
  7. Receipt for one-time costs related to legal assistance, if applicable.
Determining Initial and Ongoing Eligibility for EGAP
1. GAP gatekeepers must:
  1. Send the EGAP 1st Notification Letter DCYF 07-014 form to caregivers prior to the youth turning 18 years of age.
  2. Send the EGAP 2nd Notification Letter DCYF 07-015 form to caregivers when both are met:
    1. The youth has turned 18 years of age.
    2. No response has been received from the EGAP 1st Notification Letter DCYF 07-014.
  3. Authorize EGAP for youth between the ages of 18 up to their 21st birthday, when they qualify for ongoing eligibility.
  4. Review EGAP Application DCYF 07-017 when they are received:
    1. Within two months prior to the youth’s 18th birthday to prevent payment disruption.
    2. After the youth’s 18th birthday, and the guardian and youth have both signed the application.
  5. Approve EGAP for youth who have completed the following:
    1. Achieved permanency through a guardianship.
    2. Had a prior guardianship subsidy.
    3. Completed the EGAP Application DCYF 07-017.
    4. Resides with a guardian or in an approved supervised independent living (SIL) setting.
    5. Meets and have provided verification for one of the following criteria:
      1. Attending high school or working on GED or HSEC.
      2. Enrolled in college or vocational education program.
      3. Employed at least 80 hours per month.
      4. Participating in a program designed to promote or eliminate barriers to employment.
      5. Unable to participate in the above due to a documented medical condition.
      6. Has a mental or physical handicap which warrants the continuation of assistance.
  6. Terminate the previous FamLink GAP Agreement DCYF 15-391 form.
  7. Launch the FamLink GAP Agreement tab, but do not print from FamLink.
  8. Complete and send the hard or electronic copy of the Extended Guardianship Assistance Program (EGAP) Agreement DCYF 07-016 form to proposed guardians for signature.
  9. Submit signed Extended Guardianship Assistance Program (EGAP) Agreement DCYF 07-016 forms to the RA or designee for approval.
2. RAs or designees receiving Extended Guardianship Assistance Program (EGAP) Agreement DCYF 07-016 forms must:
  1. Review the Extended Guardianship Assistance Program (EGAP) Agreement DCYF 07-016 form for approval.
  2. If:
    1. Approved, send the Extended Guardianship Assistance Program (EGAP) Agreement DCYF 07-016 form to the GAP gatekeepers.
    2. Denied, return form to the GAP gatekeepers with the reason for the denial.
3. GAP gatekeepers must:
  1. Notify the fiduciary when the EGAP are approved.
  2. Verify the youth meets the criteria in Procedures Section 7.a.v. at minimum every six months while the youth remains in the EGAP.
  3. Follow the suspension process in Procedures Section 8, if unable to verify eligible criteria in Procedures Section 7.a.v.
  4. Create amendments to transfer EGAP to successor guardians if they were named in the original or amended GAP Agreement DCYF 15-391 form prior to the death or incapacity of the guardians, per WAC 110-85-0220.
  5. Upload the EGAP Application DCYF 07-017 and supporting documents to the FamLink provider.
Suspending Executed GAP Agreements
GAP gatekeepers must complete the following when they receive information that may be a reason to suspend the GAP agreement and review WAC 110-85-0150. If circumstances meet WAC requirements for suspending the GAP agreement, they must:
1. Complete the Notice of Intent to Suspend GAP Agreement and Subsidy DCYF 07-010 form and:
  1. Send certified mail to the guardians.
  2. Document the form was sent in FamLink.
2. Wait 30 calendar days, from the date the Notice of Intent to Suspend GAP Agreement and Subsidy DCYF 07-010 was sent. If, guardians:
  1. Provide the documentation requested in the letter by the date specified on the notice to resolve the suspension request, do not suspend their payment.
  2. Do not provide adequate documentation, complete the following:
    1. Complete the Notice of Suspension of GAP Agreement and Subsidy DCYF 07-009 form and:
      1. Send certified mail to the guardians.
      2. Document the form was sent in FamLink.
    2. Upload the following completed forms in FamLink:
      1. Notice of Intent to Suspend GAP Agreement and Subsidy DCYF 07-010.
      2. Notice of Suspension of GAP Agreement and Subsidy DCYF 07-009.
    3. Notify fiduciaries to suspend GAP payments to the guardians.
  3. Request an administrative hearing following the receipt of the Notice of Suspension of GAP Agreement and Subsidy DCYF 07-009 form:
    1. Maintain the open case in FamLink.
    2. Attend the administrative hearings, unless directed otherwise by the AAG. If the court determines the caregivers are:
      1. Still eligible for GAP, the GAP agreement remains in effect and the payment must be reinstated from the date the suspension of payment occurred.
      2. Not eligible for GAP, the suspension remains in effect, and it may move to a termination.
    3. Document in FamLink the:
      1. Notice of Intent to Suspend GAP Agreement and Subsidy DCYF 07-010 form was provided to the proposed guardians.
      2. Outcome of the administrative hearing.
    4. Upload the following in FamLink:
      1. Notice of Intent to Suspend GAP Agreement and Subsidy DCYF 07-010.
      2. The administrative review hearing order.
Terminating Executed GAP Agreements
GAP gatekeepers must complete the following when they receive information that may be a reason to terminate GAP agreements. If the circumstances meet WAC 110-85-0160 for terminating the GAP agreement, they must:
1. Notify the statewide GAP program manager when WAC 110-85-0160 (3)-(6) occur.
2. Complete the Notice of Termination of GAP Agreement DCYF 07-003 forms and:
  1. Send certified mail to the guardians.
  2. Document the form was sent in FamLink.
3. Wait 90 calendar days, from the date the Notice of Termination of the GAP Agreement DCYF 07-003 form was sent. If guardians:
  1. Do not request an administrative hearing:
    1. Request IV-E specialists close the IV-E eligibility in FamLink.
    2. Close the child’s or youth’s case in FamLink after IV-E is closed and the GAP agreement is terminated.
    3. Notify fiduciaries to terminate GAP payments to the guardians.
  2. Request an administrative hearing:
    1. Maintain the open case.
    2. Attend administrative hearings, unless directed otherwise by the AAG. If the court determines the caregivers are:
      1. Still eligible, their GAP agreement remains in effect.
      2. Not eligible for GAP:
        Request IV-E specialists close the IV-E eligibility in FamLink.
        Close the child’s or youth’s case in FamLink after IV-E is closed and the GAP agreement is terminated.
        Notify fiduciaries to terminate GAP payments to the guardians.
      3. Document in FamLink the outcome of the administrative hearing.
      4. Complete and submit the Request to Foster Care Medical & Adoption Support Team (ASP) DCYF 15-401 form.
      5. Upload the administrative review hearing order into FamLink.

Forms

IV-E Eligibility Determination for Federal Funds for GAP, Guardianship Assistance Program DCYF 14-319A

Administrative Approval Request 05-210 form (located in the Forms repository on the DCYF intranet)

Application for Guardianship Assistance Program (GAP) Subsidy and/or Reimbursement of Guardianship Finalization Costs DCYF 15-392 (located in the Forms repository on the DCYF intranet)

EGAP 1st Notification Letter DCYF 07-014 (located in the Forms repository on the DCYF intranet)

EGAP 2nd Notification Letter DCYF 07-015 (located in the Forms repository on the DCYF intranet)

Extended Guardianship Assistance Program (EGAP) Agreement DCYF 07-016 (located in the Forms repository on the DCYF intranet)

Extended Guardianship Assistance Program (EGAP) Application DCYF 07-017 (located in the Forms repository on the DCYF intranet)

GAP Denial Notice DCYF 07-004 (located in the Forms repository on the DCYF intranet)

Guardian Assistance Program (GAP) Agreement DCYF 15-391 (located in the Forms repository on the DCYF intranet)

Guardian Assistance Program Worksheet DCYF 15-390 (located in the Forms repository on the DCYF intranet)

Guardianship Approval Checklist DCYF 15-324

Notice of Denial of Modification to GAP Agreement DCYF 07-011 (located in the Forms repository on the DCYF intranet)

Notice of Intent to Suspend GAP Agreement and Subsidy DCYF 07-010 (located in the Forms repository on the DCYF intranet)

Notice of Suspension of GAP Agreement and Subsidy DCYF 07-009 (located in the Forms repository on the DCYF intranet)

Notice of Termination of GAP Agreement DCYF 07-003 (located in the Forms repository on the DCYF intranet)

Request to Foster Care Medical & Adoption Support Team (ASP) DCYF 15-401 (located in the Forms repository on the DCYF intranet)

Resources

Caregiver Support Level and Foster Care Rate Assessment Determination policy

Case Transfers policy

Extended Foster Care (EFC) Program policy

Flow Chart to Determine Extended Guardianship Assistance Program (EGAP) Funding: Federal or State Funds (located on the Child Welfare intranet under Programs, CFWS, Permanency, and Guardianship)

Flow Chart to Determine Guardianship Assistance Program (GAP) Funding: Federal or State Funds (located on the Child Welfare intranet under Programs, CFWS, Permanency, and Guardianship)

GAP Funding Source Flow Chart document (located on the Child Welfare intranet under Programs, CFWS, Permanency, and Guardianship)

Guide for Determining Tribal Guardianship Assistance Program (TGAP) and Extended Tribal Guardianship Assistance Program (ETGAP) Subsidies for Children under Tribal Court Jurisdiction (located on the Child Welfare intranet under Programs, CFWS, Permanency, and Guardianship)

Indian Child Welfare (ICW) Dependency Cases policy

Indian Child Welfare (ICW) Reason to Know policy

Legal FamLink Training Guide (located on the DCYF intranet under Computer Help, IT Services, DCYF Applications & Software, Application Training, Child Welfare, Legal, Legal Training)

Medicaid to 26 Q&A

Permanency Planning Matrix DCYF CWP_0088 publication

Permanent and Concurrent Planning policy

Tribal Guardianship Assistance Program (TGAP) and Extended (ETGAP) Contact List (located on the Child Welfare intranet under Programs, CFWS, Permanency, and Guardianship)

WAC 110-85-0010 through WAC 110-85-0250

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43401. Guardianship Assistance Program (GAP) and Extended Guardianship Assistance Program (EGAP)

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43401. Guardianship Assistance Program (GAP) and Extended Guardianship Assistance Program (EGAP)

Purpose

Scope

Laws

Policy

Procedures

Forms

Resources