CFS PPM2
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10630 Guardianship and/or Conservatorship Services for Youth in DCF Custody

 

The Child Welfare Case Management Provider (CWCMP) shall attempt to identify an appropriate resource for the older youth in Department for Children and Families (DCF) custody who will be aging out of custody and require a guardian and/or conservator in adulthood.  If an appropriate resource is identified, the CWCMP staff shall pursue the adult guardian and/or conservatorship.

 

If the CWCMP has not been able to identify a resource, the CWCMP shall consult with DCF Adult Protective Service (APS) staff in the Region where the child was referred to the Child Welfare Case Management Provider, to determine the appropriateness of DCF making a referral to the Kansas Guardianship Program (KGP) for the appointment of a guardian and/or conservator.

 

See Section PPM 3240 for additional information.

 

  1. Initial process for referral to APS for KGP guardian and/or conservatorship

    1. Prior to the youth turning 18 years of age, the Child Welfare Case Management Provider (CWCMP) shall complete and forward the PPS 10600B and the PPS 10610, Decision-Making and Functional Assessment: Criteria for Legal Impairment to the appropriate DCF Regional APS Assistant Program Administrator (APA).

The referral packet shall also include:

 

      1. A copy of the Child in Need of Care (CINC) Journal entry & CINC court case number.
      2. A copy of the youth’s transition plan, PPS 3059.
      3. If applicable, any psychological evaluations that have been completed.
      4. Names and contact information for parents, adult siblings, and other relatives who are required to be notified of the guardian and/or conservatorship hearing. This  information is required for cases in which parental rights of the youth have not been  voluntarily relinquished or terminated by a court.
      5. A copy of the youth’s current driver’s license or KS ID card.

    1. In consultation with the regional staff attorney APS shall determine the county in which the guardian/conservatorship appointment will occur.  If the county of residence is in another Region and it is determined that the guardian/conservatorship appointment will occur in that county, the APS Assistant Program Administrator (APA) shall forward the referral to the APS APA in the appropriate Region.

    2. The APS APA shall forward the referral to the APS Supervisor.

    3. The APS Supervisor shall review the referral packet and if appropriate/complete, assign an APS Specialist to continue the process for obtaining a guardian and/or conservator. The APS supervisor shall notify the CWCMP regarding the approval for a referral or the need for further information.

    4. If the APS Supervisor is not in agreement with the CWCMP recommendation to pursue guardianship, the APS Supervisor shall assist the CWCMP in locating resources and the CWCMP shall continue with transition planning for the youth.

  1. Referral process for Kansas Guardianship Program (KGP)

    1. The CWCMP shall complete the referral packet (see PPS 10630 A.) when an eligible youth turns 17 years old and forward it to the APS APA. A Guardian/Conservator (G/C) may not be petitioned for prior to the youth turning 18.

    2. The APS Specialist shall review the referral packet to ensure necessary information has been included and review with their supervisor.

    3. The APS Specialist shall forward the referral packet to KGP.

    4. If the CWCMP identifies an individual in the youth’s life willing and appropriate to serve as the guardian that information may be provided to the supervisor/designee for KGP to follow up with them.  If an individual has not been previously identified, the KGP recruiter will begin looking for a volunteer to serve as G/C.

    5. The CWCMP shall schedule an appointment for an examination and evaluation to be completed through a general hospital, psychiatric hospital, community mental health center (CMHC), community developmental disability organization (CDDO), or by a private physician, psychiatrist, psychologist or other professional appointed by the court who is qualified to evaluate the proposed ward’s or proposed conservatee’s alleged impairment (K.S.A. 59-3064).  

    6. Once a volunteer match has been made, the APS Specialist shall forward the referral packet along with any supporting documentation including the Report of Examination and Evaluation to the DCF regional staff attorney.

    7. The APS Specialist shall attend case planning conferences to plan for the youth’s transition from foster care. If the youth will be residing in a different DCF region upon release from the Secretary’s custody the receiving region shall participate in the transition planning.

    8. After the transition case planning conference is held within 90 days prior to the youth turning 18, the APS Specialist shall forward the referral packet along with any supporting documentation including the Report of Examination and Evaluation to the DCF Regional staff attorney to initiate and complete the probate G/C process.

  2. Process after a guardian has been appointed

    1. When services and funding are in place, the CWCMP shall ask for release of DCF custody. 

    2. The Child Welfare case shall be closed and a Guardian/Conservator case shall be opened by the Regional attorney.