Assigned to HHS FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
REVISED
permanent guardianship; subsidy
Purpose
Permits permanent guardians who are appointed for a child by the Department of Child Services (DCS) to apply to DCS for and receive adoption subsidies.
Background
The Adoption Subsidy Program, administered by DCS, was established in 1975 for children who otherwise may not be adopted because of special needs or circumstances. Adoption subsidies are funded through a combination of federal funding and state General Fund appropriations. Prospective adoptive parents may apply for adoption subsidies through DCS, and families that receive a subsidy must enter into a subsidy agreement with DCS before a final decree of adoption is issued. Adoption subsidies can take the form of a monthly payment to adoptive parents or payment for special services, including health care services for children who are not covered by private insurance or other public resources such as the Arizona Health Care Cost Containment System (AHCCCS). The amount of the adoption subsidy is dependent upon the needs of the adopted child and the availability of other resources. Adoption subsidy agreements are reviewed at least once per year to determine the need for continuing or adjusting the subsidy amount (ARS § 8-143).
Similarly, DCS administers an ongoing program of subsidized permanent guardianship that was established in 1999 for children who cannot return home and for whom adoption is not an option. Permanent guardianship subsidies are funded through state General Fund appropriations to DCS. Prospective permanent guardians may apply for a subsidy agreement with DCS. The subsidy takes the form of a monthly payment that is not to exceed the rate of the daily adoption subsidy rate. The subsidy daily rate is the same for children of any age. If a child receives Social Security or other benefits, the amount is deducted from the guardianship subsidy. Health care coverage may be available through AHCCCS. Guardianship subsidy agreements are reviewed at least once per year to determine the need for continuing the subsidy (ARS § 8-814).
The adoption subsidy daily rate per child varies from $19.68 to $37.42 based on the age and special needs of a child. The daily guardianship subsidy rate per child is $12.95 and special considerations may be given when a child enters guardianship from a licensed foster home.
The fiscal impact to the state General Fund associated with this legislation is unknown.
Provisions
1. Permits permanent guardians who are appointed for a child by DCS to apply to DCS to have the adoption of a child subsidized.
2. Eliminates the requirement that an applicant for a permanent guardianship subsidy applies for all benefits to which the child is entitled from other state or federal programs before becoming eligible for a subsidy.
3. Makes technical and conforming changes.
4. Becomes effective on the general effective date.
Revision
· Modified fiscal impact statement.
Prepared by Senate Research
February 13, 2018
CRS/NW/lat