HB617 Alabama 2010 Session

Summary

Primary Sponsor

Laura HallRepresentative

Democrat

Session

Regular Session 2010

Title

Guardians, kinship guardianships, subsidy program established, procedures for and legal authority of kinship guardians, duties and subsidies through Human Resources Department, Kinship Guardianship Subsidy Act, Secs. 12-15-301, 12-15-314, 12-15-315, 38-12-2, 38-12-4 am'd.

Summary

HB617 creates the Kinship Guardianship Subsidy Act to help relatives become permanent guardians of children in state custody by providing subsidies and a structured path to kinship guardianship.

What This Bill Does

It establishes the Kinship Guardianship Subsidy Program within the Department of Human Resources to provide financial subsidies and services for eligible kinship guardians caring for children outside the foster care system. The program is funded from state child welfare funds, federal Titles IV-B and IV-E funds, waivers, and other sources, and subsidies can cover nonrecurring expenses and monthly maintenance up to the amount of what the child would have cost in foster care. Subsidies continue until the child is 18 (or 21 under certain conditions) and are subject to annual review, with rules guiding eligibility, retroactivity to the court order date, and protections against public benefit impact or tax/garnishment.

Who It Affects

• Children removed from their parents or guardians and placed in the Department of Human Resources' custody who may be eligible for kinship guardianship.
• Relatives within the fourth degree of kinship (including grandparents, aunts/uncles, cousins, and stepparents) who may become kinship guardians and receive subsidies.
• Kinship guardians (caregivers) who assume permanent care and have duties to provide health, education, and maintenance for the child and may receive financial support.
• Parents, legal guardians, or legal custodians who may still have obligations (such as paying child support) even after kinship guardianship is established.
• The Department of Human Resources and foster care providers, which administer the subsidy program and related services.
• Federally recognized Native American tribes and Indian child placements, when the court or tribe places a child with a kinship guardian.

Key Provisions

• Establishment of the Kinship Guardianship Subsidy Program within the Department of Human Resources, with funding from state child welfare funds, federal IV-B/IV-E funds, waivers, or other sources.
• Eligibility requirements for a kinship guardianship subsidy, including: the child was removed from custody for welfare reasons, the department is responsible for placement and care, returning home or adoption is not appropriate, permanent kinship guardianship is in the best interests, strong attachment to the guardian, and prior foster care payments have been received for at least six consecutive months; for certain ages, the child must be consulted.
• Subsidy amount and payment terms: monthly subsidies may not exceed the monthly foster care maintenance amount for the child and cannot be paid for the same period as foster care maintenance; subsidies may cover up to federally established nonrecurring expenses; payments depend on fund availability and federal participation.
• Duration of subsidies: the subsidy continues until the child reaches 18, or 21 if eligible for subsidy due to age and program rules, with conditions related to education, employment, or medical incapacity; the kinship guardian may be relieved of responsibility if not applicable.
• Application and agreement process: prospective kinship guardians must enter into a written subsidy agreement with the department before a subsidy award, and the kinship guardianship must be established by court order; the agreement outlines payment methods, services, and potential adjustments.
• Post-appointment rights and duties: kinship guardians have many of the rights and responsibilities of a parent (health, education, medical consent, etc.), but cannot consent to adoption; the parent retains some authority and obligations such as child support; guardianship can be revoked or modified if a material change in circumstances occurs and the change would serve the best interests of the child.
• Foster care and kinship foster care provisions: the department may place eligible children with kinship foster parents (relatives) and pay foster care rates; kinship foster parents must meet credentialing and background check requirements, and an individualized service plan for the foster child is required.
• Protections and treatment of the subsidy: subsidies are not counted as income for public benefits, are tax-exempt, cannot be garnished or levied, and are considered inalienable.
• Ongoing oversight: the department must adopt rules to implement the act, conduct annual eligibility reviews for long-term subsidies, and ensure health and education records are shared with the appropriate parties.
• Effective date and modification: the act becomes effective October 1, 2010, with amendments to related sections (12-15-301, 12-15-314, 12-15-315, 38-12-2, 38-12-4) to reflect kinship guardianship provisions, plus severability and transitional language.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Human Resources Department