Increased Access for Youth in Foster Families.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 2
HOUSE BILL 795
Committee Substitute Favorable 5/6/25

Short Title: Increased Access for Youth in Foster Families. (Public)
Sponsors:
Referred to:
April 8, 2025
*H795-v-2*
A BILL TO BE ENTITLED 1
AN ACT TO EXPAND GUA RDIANSHIP ASSISTANCE PROGRAM ELIGIBILITY TO 2
YOUTH TEN YEARS OF AGE. 3
The General Assembly of North Carolina enacts: 4
SECTION 1.(a) G.S. 108A-50.3 through G.S. 108A-50.9 are reserved for future 5
codification purposes. 6
SECTION 1.(b) G.S. 108A-24 reads as rewritten: 7
"§ 108A-24. Definitions. 8
As used in Chapter 108A: 9
… 10
(3a) "Division" is the Division of Social Services of the Department of Health and 11
Human Services. 12
(3a)(3b) "Electing County" means a county that elects to develop and is approved to 13
administer a local Work First Program. 14
(3b)(3c) "Employment" means work that requires either a contribution to FICA or the 15
filing of a State N.C. Form D-400, or the equivalent. 16
(3c)(3d) "Family" means a unit consisting of a minor child or children and one or more 17
of their biological parents, adoptive parents, stepparents, or grandparents 18
living together. For purposes of the Work First Program, family also includes 19
a blood or half -blood relative or adoptive relative limi ted to brother, sister, 20
great-grandparent, great -great-grandparent, uncle, aunt, great -uncle, 21
great-aunt, great -great-uncle, great -great-aunt, nephew, niece, first cousin, 22
stepbrother, and stepsister. 23
(3d)(3e) "Federal TANF funds" means the Temporary Assis tance for Needy Families 24
block grant funds provided for in Title IV-A of the Social Security Act. 25
(3e)(3f) "Fee-for-service program" means a payment model for the Medicaid program 26
operated by the Department of Health and Human Services pursuant to its 27
authority under Part 6 of Article 2 of Chapter 108A of the General Statutes in 28
which the Department pays enrolled providers for services provided to 29
Medicaid recipients rather than contracting for the coverage of services 30
through a capitated payment arrangement. 31
(3f)(3g) Repealed by Session Laws 2009-489, s. 1, effective August 26, 2009. 32
(3g)(3h) "FICA" means the taxes imposed by the Federal Insurance Contribution Act, 33
26 U.S.C. § 3101, et seq. 34
(3h)(3i) "Full-time employment" means employment which requires the employee to 35
work a regular schedule of hours per day and days per week established as the 36
General Assembly Of North Carolina Session 2025
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standard full-time workweek by the employer, but not less than an average of 1
30 hours per week. 2
…." 3
SECTION 1.(c) Article 2 of Chapter 108A of the General Statutes is amended by 4
adding a new Part to read: 5
"Part 4A. Guardianship Assistance. 6
"§ 108A-50.10. Kinship guardianship assistance program (KinGAP). 7
(a) Assistance. – The Division may provide for the financial support of children who 8
have exited foster care into relative guardianship that com ply with 42 U.S.C. § 673. A child is 9
eligible for kinship guardianship assistance payments under this Part if the child meets the 10
requirements of subsection (b) of this section. 11
(b) Eligibility. – Until the child is 18 years of age, the child is eligible for kinship 12
guardianship assistance payments if all of the criteria are met: 13
(1) The child was removed from his or her home due to a voluntary placement 14
agreement or as a result of judicial determination to the effect that 15
continuation in the home would be contrary to the welfare of the child. 16
(2) The child was eligible for foster care maintenance payments pursuant to 42 17
U.S.C. § 672 while residing for at least six consecutive months in the home of 18
a licensed prospective relative guardian. "Relative" for the purposes of this 19
Part is a person related to the minor child by blood, marriage, adoption, or an 20
individual that has a substantial relationship with the minor child or the minor 21
child's parent prior to the child being placed in foster care. 22
(3) A determination has been made that reunification or adoption are not 23
appropriate options for the child. 24
(4) The child has attained 10 years of age and demonstrates a strong attachment 25
to the prospective relative guardian and the relative guardian has a strong 26
commitment to caring permanently for the child. 27
(5) At the time of entry into the guardianship agreement, a North Carolina county 28
child welfare agency has placement and care of the child. 29
(6) If a child is 14 years of age, the child has been consulted regarding the kinship 30
guardianship arrangement. 31
(c) Continuation of Assistance. – Individuals or youth who exited foster care under a 32
guardianship assistance agreement may continue to receive kinship guardianship assistance 33
payments after attaining 18 years of age if (i) the individual or child attained 16 years of age 34
before the kinship guardianship assistance agreement became effective, (ii) he or she chooses to 35
continue receiving guardianship services until attaining 21 years of age, and (iii) the Division 36
determines that the individual or child meets any of the following: 37
(1) Is c ompleting secondary education or a program leading to an equivalent 38
credential. 39
(2) Is e nrolled in an institution that provides postsecondary or vocational 40
education. 41
(3) Is participating in a program or activity designed to promote or remove 42
barriers to employment. 43
(4) Is employed for at least 80 hours per month. 44
(5) Is incapable of completing the educational or employment requirements of 45
subdivisions (1) through (4) of this subsection due to a medical condition or 46
disability that is supported by regularly updated information in the case plan 47
for the individual. 48
(d) Sibling Eligibility. – A child is eligible for kinship guardianship assistance payments 49
if (i) the child has not yet attained 10 years of age, (ii) their sibling meets the requirements of this 50
Part for kinship guardianship assistance payments, and (iii) the county child welfare agency and 51
General Assembly Of North Carolina Session 2025
House Bill 795-Second Edition Page 3
the prospective relative guardian agree on whether the guardianship arrangement is appropriate 1
for the sibling. 2
(e) In the event of the death or incapacity of the relative guardian, the eligibility of a child 3
to receive kinship guardianship assistance payments under this Part shall not be affected by 4
reason of the replacement of the relative guardian with a successor legal guardian identified in 5
the kinship guardianship assistance agreement entered into under this Part. 6
"§ 108A-50.11. Guardianship assistance program. 7
(a) The Division may provide for the financial support of children who exit foster care 8
into legal guardianship with State funds allocated for foster care if the Division determines that 9
all of the following criteria are met: 10
(1) The child has attained 10 years of age and demonstrates a strong attachment 11
to the licensed prospective guardian and the prospective guardian has a strong 12
commitment to caring permanently for the child. 13
(2) The child is in a permanent family placement setting for at least six 14
consecutive months prior to the execution of the guardianship agreement. 15
(3) The prospective guardian is eligible to be appointed as a legal guardian 16
pursuant to G.S. 7B-600(b). 17
(4) The child is unlikely to achieve permanency through reunification or adoption. 18
(5) At the time of entry into the guardianship agreement, a North Carolina county 19
child welfare agency has placement and care of the child. 20
(6) If a child has attained 14 years of age, the child has been consulted regarding 21
the kinship guardianship arrangement. 22
(b) Individuals or youth who exited foster care under a guardianship assistance agreement 23
may continue to receive guardianship assistance payments after attaining 18 years of age if (i) 24
the individual or youth attained 16 years of age before the guardianship assistance agreeme nt 25
became effective, (ii) he or she chooses to continue receiving guardianship services until attaining 26
21 years of age, and (iii) the Division determines that the individual or child meets any of the 27
following: 28
(1) Is completing secondary education or a p rogram leading to an equivalent 29
credential. 30
(2) Is enrolled in an institution that provides postsecondary or vocational 31
education. 32
(3) Is participating in a program or activity designed to promote or remove 33
barriers to employment. 34
(4) Is employed for at least 80 hours per month. 35
(5) Is incapable of completing the educational or employment requirements of 36
subdivisions (1) through (4) of this subsection due to a medical condition or 37
disability that is supported by regularly updated information in the case pla n 38
for the individual. 39
"§ 108A-50.12. Guardianship assistance agreement. 40
(a) In order to receive payments under this Part, the county child welfare agency shall (i) 41
negotiate and enter into a written, binding guardianship assistance agreement with the 42
prospective guardian of a child who meets the eligibility requirements of this Part and (ii) provide 43
the prospective guardian with a copy of the agreement. 44
(b) The guardianship agreement shall specify, at a minimum, all of the following: 45
(1) The amount of and manner in which each guardianship assistance payment 46
will be provided under the agreement, and the manner in which the payment 47
may be adjusted. 48
(2) The additional services and assistance that the child and guardian will be 49
eligible for under the agreement. 50
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(3) The procedure by which the guardian may apply for additional services as 1
needed. 2
(4) The State will pay th e total cost of nonrecurring expenses associated with 3
obtaining legal guardianship of the child to the extent the total cost does not 4
exceed two thousand dollars ($2,000). 5
(c) A guardianship agreement entered into under this section shall provide that the 6
agreement shall remain in effect without regard to the State residency of the guardian. 7
"§ 108A-50.13. Reimbursement for guardians. 8
The guardianship assistance program rates shall reimburse legal and relative guardians for 9
room and board and be set at the same rate as the foster care room and board rates in accordance 10
with rates established under G.S. 108A-49.1." 11
SECTION 2. The Social Services Commission shall adopt temporary rules to 12
implement the provisions of this act. The temporary rules adopted under this act shall remain in 13
effect until permanent rules are adopted that replace those temporary rules. 14
SECTION 3. Section 1 of this act becomes effective July 1, 2025. The remainder of 15
this act is effective when it becomes law. 16