Maryland Subsidized Guardianship Assistance Program for Relatives

The Subsidized Guardianship Assistance Program — commonly called GAP — is the highest-paying monthly benefit available to relatives raising a child in Maryland. But it has strict prerequisites that most informal kinship caregivers do not meet, and one timing mistake can permanently disqualify you.

What GAP Provides

Monthly GAP payments are negotiated between the relative guardian and the local Department of Social Services based on the child's physical, emotional, and developmental needs. Under COMAR 07.02.29.10, the monthly payment cannot exceed 100% of the foster care board rate for the child's age — but it can be substantial, significantly more than the TCA child-only grant.

GAP also includes a one-time nonrecurring legal expense grant of up to $2,000 per child for court costs, legal fees, background checks, and transportation related to obtaining guardianship.

Children receiving GAP are automatically eligible for Medicaid in Maryland. If you move to another state, the child's Medicaid transfers through the Interstate Compact on Adoption and Medical Assistance without re-application.

The Eligibility Requirements

GAP is not open to all relative caregivers. Every condition must be met in sequence:

1. The child was formally removed from the home and placed in the legal custody of the local DSS due to abuse, neglect, or dependency.
2. You were licensed as a resource family (foster parent) and the child lived in your home under that license for at least 6 consecutive months.
3. The local DSS documented that reunification with the biological parents and adoption are both not appropriate permanency options for the child.
4. You negotiated and signed the Subsidized Guardianship Agreement with the local DSS before the court granted guardianship.

That fourth point is the trap. If you finalize guardianship in court before executing the agreement with DSS, Title IV-E GAP eligibility is permanently forfeited. There is no retroactive fix.

GAP vs. Informal Kinship Care

If your grandchild came to live with you through a private family arrangement — without DSS removing the child and placing them with you as a licensed foster parent — you do not qualify for GAP. Informal caregivers rely on the TCA child-only grant, SNAP, MCHP, and other programs described in the guide.

The distinction matters because many relatives step in voluntarily to prevent the child from entering the foster system. That decision, while protective of the child, closes the door to foster board rates and GAP. Understanding this tradeoff is important before making legal permanency decisions.

Successor Guardians and Termination

You can name a successor guardian in the initial GAP agreement. If you become permanently incapacitated or pass away, the successor assumes custody and continues receiving the subsidy without the child re-entering foster care. Payments terminate when the child reaches 18, or 21 if the child meets specific educational or disability criteria.

When a child begins receiving GAP, any existing TCA child-only grant must be terminated. GAP income may also affect the child's SSI if they receive it.

The Maryland Financial Help Guide explains how GAP, TCA, and the other programs interact — so you can see which financial path matches your care arrangement before making decisions with lasting consequences.

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