SB480 Alabama 2010 Session

Summary

Primary Sponsor

Paul Sanford

Republican

Co-Sponsors

Tom ButlerGeorge M. “Marc” KeaheyWendell MitchellArthur OrrPriscilla DunnHenry Eugene “Hank” Erwin Jr.T.D. “Ted” LittleHinton MitchemRoger Bedford, Jr.Bobby DentonLarry Dixon

Session

Regular Session 2010

Title

Kinship guardianships, kinship guardianship subsidy program, established, procedures for establishing kinship guardianships and legal authority of kinship guardians, Sec. 12-15-301, 12-15-314, 12-15-315, 38-12-2, 38-12-4 am'd.

Summary

SB480 creates a Kinship Guardianship Subsidy Program to allow relatives to become permanent guardians of children in state custody and to provide financial help for their care.

What This Bill Does

The bill establishes the Kinship Guardianship Subsidy Program within the Department of Human Resources, funded by state and federal sources. It defines who qualifies for subsidies, how much is paid (monthly up to the foster care maintenance amount plus possible nonrecurring expenses), and how long subsidies can last. It requires a written agreement between the kinship guardian and the department, sets eligibility reviews, and outlines the guardian’s parent-like rights and duties. It also creates a pathway from kinship foster care to kinship guardianship, establishes related rules for guardianship termination or modification, and ensures subsidies are not treated as public benefits assets and are tax-exempt.

Who It Affects

• Relatives (such as grandparents, aunts, uncles, and others up to the fourth degree) who may become kinship guardians and receive subsidies to care for a child in the department's custody.
• Children in Department custody who are placed with kinship guardians, along with their kinship guardians and the Department, as they move toward permanent placement and ongoing support.

Key Provisions

• Establishes the Kinship Guardianship Subsidy Program in the Department of Human Resources and finances it with state child welfare funds, federal IV-B/IV-E funds, waivers, and other sources.
• Sets eligibility criteria for a kinship guardianship subsidy, including a judicial removal of the child from the parent/custodian, placement with a qualifying relative, and a demonstrated need for permanent kinship care beyond traditional foster care.
• Defines a Kinship Guardian and provides the guardian with authority and responsibilities similar to a parent, including care, health, education, and daily maintenance decisions, with limited exceptions (e.g., guardians cannot consent to adoption or name changes).
• Provides monthly subsidies (not to exceed the standard foster care maintenance amount) and may include federal nonrecurring expenses (such as attorney fees) with limits, subject to available funds and department rules; subsidies may be retroactive to court orders.
• Requires a written subsidy agreement before payment, detailing payment methods, potential adjustments, services eligible under the agreement, and the department’s payment of nonrecurring expenses up to federal limits.
• Subsidy duration continues until the child reaches 18 (or 21 under specific conditions related to schooling or eligibility for guardianship subsidy) and ends when the guardian is no longer responsible for the child or the guardianship is terminated.
• Allows for annual review of subsidy eligibility for subsidies lasting more than one year and permits modification or revocation if a material change in circumstances occurs, provided the change serves the child’s best interests.
• Creates a Kinship Foster Care Program with eligibility standards for kinship foster parents, including age requirements, background checks, and ongoing cooperation with the case plan; fosters a step toward kinship guardianship with appropriate funding and supports.
• Requires court processes for appointment and revocation/modification of kinship guardianship, including guardian qualifications, parental rights considerations, and continued support obligations for child and guardian.
• Provides protections and clarifications for parental rights, public benefits treatment (subsidy not counted as a resource or income), tax exemptions, and immunity from liability for reliance on a kinship guardianship order in good faith.

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