TANF Kinship Care 400-19-140

Overview 400-19-140-05

(Revised 1/1/2024 ML #3772)

TANF Kinship Care was implemented in North Dakota on February 1, 2005. This program provides enhanced funding and services in order to expand the options for placement of children who are in the care, custody, and control of a North Dakota Human Service Zone, the North Dakota Division of Juvenile Services (DJS) or a North Dakota Tribal Agency as established by a court order. As an alternative to Foster Care, children may now be placed with relatives who are within the 5th degree of relationship to the child. TANF Kinship Care can be provided without having to meet all of the requirements of the Foster Care Program. However, TANF Kinship Care rules follow many of the same rules as Foster Care.

In order to be eligible for TANF Kinship Care, a North Dakota Human Service Zone, the North Dakota Division of Juvenile Services (DJS) or a North Dakota Tribal Agency must have care, custody, and control.

A child in the legal custody of an out-of-state entity is not eligible for North Dakota TANF Kinship Care even if the child has been appropriately placed in a North Dakota setting via the Interstate Child Placement Compact. If a family has questions regarding additional support for the child, they should be referred to the out-of-state entity for assistance. Similarly, North Dakota TANF Kinship Care is not available to North Dakota children who are placed out-of-state.

Before a child can receive TANF Kinship Care, the agency having care, custody, and control of the child must complete the SFN 423, Kinship Placement/Agreement, SFN 399, Unlicensed Caregiver Home Study, and a finger print based criminal background check (referred to as a background check), including a child abuse and neglect index check for all household members age 18 and older where the child will be placed, along with other investigations as the department may determine necessary. The background check must be completed within 90 days from the TANF Kinship Care application date or date of eligibility, whichever is later. If a completed background check is not received after 90 days from the TANF Kinship Care application date or date of eligibility, whichever is later, for all household members age 18 or older, the TANF Kinship Care case must be closed. However, the family may be approved to continue to receive regular TANF benefits. (See section 400-19-140-15, Denial or Closure of TANF Kinship Care).

Note: The Foster Care Administrative Rules at 75-03-14 regarding background checks apply to TANF Kinship Care.

Once the SFN 423, Kinship Placement/Agreement, SFN 399, Unlicensed Caregiver Home Study and a child abuse and neglect index check for all household members age 18 and older where the child will be placed, have been completed, if all other eligibility criteria are met, the case can be processed as TANF Kinship Care as of the date the signed application is received in the Human Service Zone office or the date of eligibility, whichever is later.

If an unsuccessful background check is received prior to the application being approved, eligibility for TANF Kinship Care does not exist. However, the family may be approved to receive regular TANF benefits. (See section 400-19-140-15, Denial or Closure of TANF Kinship Care).

If all factors of eligibility have been met but the background check(s) has not been received, the application may be approved as TANF Kinship Care. In this situation, the TANF Kinship Care standard of need, maintenance payment and supportive services may be provided until an approved background check is received or 90 days from the date of application or date of eligibility, whichever is later. If the background check is not received after 90 days, the TANF Kinship Care case must be closed as the family is no longer eligible for TANF Kinship Care standard of need, maintenance payment and supportive services. (Eligibility for supportive services ending can be found at section 400-19-140-20, TANF Kinship Care Supportive Services).

If an individual 18 years of age or older moves into the home of a pending application or ongoing TANF Kinship Care case, a background check including a child abuse and neglect index check and any other investigations as the department may determine necessary must be completed within 90 days from the date the individual moved into the home.

If an unsuccessful child neglect and abuse index check or background check is received for the new adult, eligibility for TANF Kinship Care does not exist and TANF Kinship Care must be denied or closed. However, the family may be eligible to receive regular TANF benefits. (See section 400-19-140-15, Denial or Closure of TANF Kinship Care).