Guardianships

Legal guardians may be related or non-related and may or may not have dependency attached.

Non-Related (NR) LG

(EAS 45-203)

The NRLG is not related (within the fifth degree) by birth or adoption to the child,
May have had guardianship established by a Juvenile or Probate Court, and
The child does not have to be a dependent of the court to receive state AFDC-FC.

Related LG

The guardian is related to the youth within the fifth degree.
May have had guardianship established by a Juvenile or Probate Court, and
A related LG is not eligible for AFDC-FC unless dependency is attached.

Dependency Attached

A child in a legal guardianship (related or non-related) may have dependency attached. In this situation, there must be a dependency order which states that care, control and custody of the minor is vested with the Social Services Agency. A dependency order stating “supervision” by the Social Services Agency is insufficient for AFDC-FC eligibility purposes. Only when a dependency order is in effect may federal AFDC-FC may be claimed for an otherwise eligible child placed with a related or non-related legal guardian. Children living with NRLGs lose federal eligibility when the dependency order is dismissed. However, the case may still be eligible for non-federal AFDC-FC payments. For children in relative guardianships, the payments end when dependency ends.

Reminder: The dependency order of the juvenile court always takes precedence over the legal guardianship order. Processing of dependent LG cases follows the current Foster Care workflow.

Dependency NOT Attached

Relative guardianships without dependency are not eligible for AFDC-FC benefits. However, NDNRLG are eligible for non-federal benefits. These cases may come from Juvenile or Probate Court.

Legal Guardianships Supervised by Social Workers (SWs)

Usually, youth in Juvenile Court NDNRLGs are former foster care youth who have been placed in guardianship as another planned permanent living arrangement (APPLA). As such, SWs supervise these cases and may determine good cause for child support. Probate Guardianships are not supervised by SWs and therefore, SWs would not make good cause assessments. Until further state guidance is provided, Eligibility Workers will not send any child support referrals for Probate cases.

Temporary Guardianship

Based on the Timmons v. McMahon court decision, regardless of whether the guardianship order is temporary or permanent, all non-dependent children living with non-related legal guardians, who meet all eligibility requirements for state AFDC-FC may receive funding under this program.

Adopted Child in a Legal Guardianship

Sometimes an adopted child (whose parents are receiving AAP payments) will have a change in legal guardianship and live with a NDNRLG. When this change occurs, the action of guardianship does not terminate parental rights. Adoptive parent(s) who continue to support the child they may continue to receive AAP benefits and the NDNRLG may apply for benefits as a LG. Refer to AAP Wraparound Services for more information.