Eligibility for adoption or legal guardianship subsidy payments ceases with the death of both adoptive(s) or guardian(s), or in the case of a single parent adoption or guardianship, with the death of that adoptive parent or guardian. If resources from the parent(s)’ or guardian(s)’ estate or survivors benefits, such as insurance or OASDI, are insufficient to provide for the child, application could be made for Temporary Assistance for Needy Families (TANF) or Supplemental Security Income (SSI). Should the child have a subsequent adoption/guardianship, they may be eligible for subsidy in their new placement, if the placement was an eligible placement for subsidy.

Upon the death of one adoptive parent or guardian no contract action is needed. The original agreement will remain in both names. A copy of the death certificate should be kept in the file. FACES must be updated to reflect the surviving parent or guardian. Subsequent amendments will be accepted with only the signature of the surviving parent. Use the explanation section on the amendment to explain the reason why there is only one signature.

When it is determined that a single guardian is deceased, the Children’s Division should close the guardianship agreement and ensure the safety of the child. Alternate placement with another relative or qualified close nonrelated person should be sought or a referral made to the juvenile court for placement in Children’s Division custody after consultation with supervisory staff; and if possible, a Family Support team meeting. If a successor guardian (qualified relative or close nonrelated person) is named in the agreement prior to the death of the legal guardian, the Division shall immediately contact the person(s) named to inquire if the individual is willing to assume guardianship. If the successor guardian is willing, conduct fingerprint-based criminal checks, CA/N registry checks of the prospective guardian(s) and all other adults living in the home prior to the prospective guardian(s) filing the petition or negotiation of a subsidy agreement.

Related Practice Alerts and Memos:

7-1-19 – CD19-52 – FY20 Rate Increases

12-4-19 – PA19-AD-06 – Transitional Living Placements and Subsidy Agreements

1-10-20 – PA20-AD-01 – Legal Fees for AD and LG Subsidies

10-29-2020 – PA20-AD-06 – Child Summary

01-13-21 –CD-21-01 -Contractors Negotiation/Completion Of The Initial Adoption Or Legal Guardianship Subsidy Agreement