(Revised 1/02 ML #2762)
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The Subsidized Guardianship Project is designed to serve North Dakota children who are in foster care, but who need a permanency alternative. The program was created in response to the Adoption and Safe Families Act of 1997.
Children in the Subsidized Guardianship Project are not foster care children, and the subsidy is not a foster care payment. The guardianship subsidy is paid to help meet the maintenance needs of the child.
When determining Medicaid eligibility, the child’s income is considered, and parental income is not used unless the guardianship court order specifies that the parents are responsible for the child’s needs. The assets of the child and parents are also used if the child is eligible as a disabled individual.
The guardian is not included as part of the case and the guardian’s income and assets are not considered in determining the child’s Medicaid eligibility. An exception is in cases in which the guardian is a relative, and the relative becomes eligible for Medicaid because of the child. In such cases, the relative chooses to be an eligible caretaker.
