3240 Referral for Guardian/Conservator for Youth With Intellectual/Developmental Disabilities

Older children/youth with intellectual/developmental disabilities in out of home placement and unable to support themselves may need to be appointed a guardian/conservator.  See KSA 39-1803 for definition of developmental disability.

1. A guardian is defined as a person or an approved non-profit corporation appointed under law to act and make decisions of physical health and safety on behalf of a legally disabled adult.
2. A conservator is defined as a person or corporation appointed under law to act and make decisions regarding the financial resources or estate of a legally disabled adult. See KSA 59-3050 et seq. for more information.
3. The youth's case plans, beginning with the case plan following the youth's 16th birthday, shall include tasks related to assessing the need for a guardian/conservator and identifying the responsible parties to secure a guardian/conservator if the need is determined. The Child Welfare Case Management Provider shall use the "Decision Making and Function Assessment: Criteria for Legal Impairment-A Multidisciplinary Tool" DCF form PPS 10610 to assess the need for a guardian/conservator.
4. If a guardian/conservator is needed, the goal is to have a guardian/conservator appointed as soon as possible after the child reaches age 18.  See Section 3214 for information on transition planning for youth turning 18.  Youth who have disabilities will have needs that shall be addressed to plan for their transition to adult services.  These include referrals for adult SSI, planning for living accommodations, and coordination with the CDDO and/or CMHC.  If the youth receives SSI as a child, referrals to the Social Security Administration, through the current contractor, for adult SSI shall be made 90 days prior to the youth’s 18th birthday.  
5. The Child Welfare Case Management Provider shall attempt to identify a guardian/conservator for the youth, if needed, by checking with the connection for success or mentor for the youth, kin, foster parents, teachers, etc.  If the Child Welfare Case Management Provider has not been able to identify a resource, the Child Welfare Case Management Provider 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 for the appointment of a guardian/conservator. Although DCF APS staff will not officially accept the case until the youth is 17, preparation for referral to DCF APS can begin prior to that date.
6. Prior to APS making a referral to the Kansas Guardianship Program, the PPS 10600(B) and PPS10610 shall be completed by the CWCMP and forwarded to the APS Assistant Program Administrator. 
7. The CWCMP shall invite the assigned DCF APS Specialist for the APS case and the KGP recruiter to the transition case planning conference held within ninety (90) days prior to the youth’s eighteenth (18) birthday. 
8. If the Child Welfare Case Management Provider has not been able to identify a guardian/conservator for a youth who needs one, the Child Welfare Case Management Provider shall contact the APS APA and follow the procedure outlined in the Section 10630.