Guardianship Assistance

The Guardianship Assistance Program (GAP) supports states, Indian tribes, tribal organizations and tribal consortia (tribes) who opt to provide guardianship assistance payments to relatives who have assumed legal guardianship of eligible children tha

The Title IV-E Guardianship Assistance Program (GAP) provides Federal Financial Participation (FFP) to help agencies offer guardianship assistance payments to relatives who become legal guardians for eligible children in their care. This support helps removes financial barriers that might otherwise delay permanency and ensures children can transition from foster care into a secure and legally recognized family setting. GAP is available only to states and tribes approved to operate the program.

Funds are available to states (including the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam and American Samoa) and to tribes with approved title IV-E plans.

Beneficiaries are children who meet the following requirements: (1) the child has been eligible for Title IV-E foster care maintenance payments while residing for at least six consecutive months in the home of the prospective relative guardian; (2) the state or tribe has determined that the permanency options of being returned home or adoption are not appropriate for the child; (3) the child demonstrates a strong attachment to the prospective relative guardian and the prospective guardian is committed to caring permanently for the child; and (4) for children who have attained the age of 14, the child has been consulted regarding the kinship guardianship arrangement. Beneficiaries may also be siblings of eligible children placed in the same kinship guardianship arrangement. FFP is available to states and tribes for payments made to a relative guardian in accordance with a kinship guardianship agreement that is in writing, negotiated, and binding. The program was amended (through Public Law 113-183) effective September 29, 2014 to allow continuation of Title IV-E kinship guardianship assistance payments if the relative guardian dies or is incapacitated and a successor legal guardian is named in the agreement (or in any amendments to the agreement.)

Federal assistance may be used only in support of the care of children who meet the eligibility requirements and their siblings under certain situations as specified in the statute. All relatives assuming guardianship of such children are eligible for the nonrecurring expenses associated with obtaining legal guardianship up to $2,000. A state or tribe may receive FFP only if its title IV-E plan has been approved by ACF.

Allowable costs must align with approved title IV-E plan.

The title IV-E agency may implement and claim allowable guardianship assistance program costs beginning on the first day of the quarter in which an approvable title IV-E plan amendment is submitted to the Administration for Children and Families (ACF) to implement the GAP.

Title IV-E agencies must submit an amended Title IV-E plan in accordance with program instructions ACYF-CB-PI-10-01, ACYF-CB-PI-10-11, and IM-24-10 (which includes the most recently updated Title IV-E plan preprint).

Quarterly awards are made on the basis of estimated expenditures, which are later revised to include only actual allowable claimed expenditures. Quarterly estimates are due on July 30, October 30, January 30 and April 30 each year. Final decisions and awards are made by the headquarters office. Post award, the Division of Payment Management will establish an account from which a recipient may draw down award funds.

The Administration for Children and Families (ACF) will approve/disapprove applications (title IV-E plans or amendments to them) within 45 days of receipt by ACF.

Awards remain effective without plan renewal but title IV-E plans may be amended as necessary.

Appeals may take place in accordance with 45 CFR Part 16, subject to the limitations of the Appendix A.