Delaware Subsidized Guardianship Assistance Payments

If you're caring for a child who came through Delaware's child welfare system and you're considering becoming their permanent legal guardian, Delaware law allows DSCYF to award subsidy money in certain cases. The award is discretionary, not a guaranteed monthly payment.

Who Is Eligible

Under 13 Del. C. § 2333, DSCYF may award subsidy money at its discretion when:

1. Family Court finds the grounds for guardianship. The court must find that the grounds in Title 13, Chapter 23 have been met.
2. The child was in DSCYF custody for at least one year.

DSCYF has sole discretion over whether to award a subsidy. A 2024 state cost analysis reported that DFS had not implemented a Title IV-E Guardianship Assistance Program.

Payment Amounts

The amount and duration of any subsidy are at DSCYF's sole discretion. If the child was in DSCYF custody immediately before the guardianship order, DSCYF has no further duty of support or care unless it agrees in writing. The subsidy statute does not promise continued Medicaid coverage; check the child's separate eligibility.

What This Means for Informal Caregivers

If you took in a relative's child without any involvement from DFS — a private family arrangement — a subsidy under 13 Del. C. § 2333 does not apply to your situation because the child must have been in DSCYF custody for at least one year. Informal kinship caregivers should look at child-only TANF, Medicaid, SNAP, and the 180-day Kinship Care Program instead.

Working with Your DFS Caseworker

If you're caring for a child in DSCYF custody and guardianship is being discussed, ask your DFS caseworker whether a discretionary subsidy is available under 13 Del. C. § 2333. The statute requires at least one year in DSCYF custody, and DSCYF decides whether to award a subsidy and sets its amount and duration.

The Delaware Financial Help for Kinship Caregivers guide explains how each legal care arrangement — informal care, guardianship, and foster care — affects your access to different benefit programs.

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