Guardianship Subsidy

For children in foster care where where adoptions is not the goal, the Children’s Division offers a program known as Guardianship Subsidy. This is a federally funded program that was implemented to help foster children who were deemed at-risk or hard to achieve permanency such as siblings groups, older children, children with special needs, etc. It is a contract between the qualifying prospective legal guardians and the state wherein the state offers to perform certain tasks such as maintaining the child on Medicaid, covering certain medical and/or mental health needs for the child, and paying for the legal fees associated with the guardianship.

The contract, once it has been approved will have a start date. Depending upon which county the guardianship is being filed in, the paperwork can either be filed immediately but more often only after the start date. The reason for the difference is the interpretation a specific case worker has about subsidy start dates. Your attorney will need to know how that is handled in your particular county. Regardless of the filing date, in order to not lose the benefits of the subsidy it is imperative that the guardianship not be completed before the start date.

It is also important to talk to your attorney about how legal fees will be handled. Legal fees include your attorney’s fees, filing fees, service (personal and/or publication) fees, and Guardian Ad Litem (GAL) fees. If you choose an attorney to handle your case that includes subsidy it is important to choose an attorney who understands the subsidy process.  There are limitations on the amount of fees that may be charged and on the hourly rate an attorney may charge.  Under subsidy, all legal fees are capped at specific amounts.  In the past, legal fees included only filing fees, service fees, and the guardian’s attorney fees.  Guardian ad Litem fees were paid out separately.  However, new changes to Children’s Division policy sets out that all of the above listed fees are now included in the “Legal Fees” portion of the subsidy.  This is important for your attorney to know because how a Guardian ad Litem charges varies from county to county and person to person.  A Guardian ad Litem in one county may charge $150.00 and in another county $600.00 or more even if the case is not contested.  This means that if your attorney is not careful about how he or she charges then any out of pocket expenses paid by the prospective legal guardian may not get reimbursed.  And speaking of reimbursement, it is important that your attorney understand how to apply for and obtain reimbursement of any fees paid out of pocket.

For more information go to: Missouri Subsidy Program