South Dakota Guardianship Assistance Program (GAP) for Kinship Care

GAP Only Applies After Foster Care

South Dakota's Guardianship Assistance Program (GAP) provides monthly financial support to relatives who take legal guardianship of a child after that child was formally placed in foster care through the Department of Social Services (DSS) Division of Child Protection Services (CPS).

This is the most commonly misunderstood kinship benefit in the state. GAP is not available to grandparents who informally took in a grandchild, obtained private guardianship through circuit court, or are raising a child without any CPS involvement. Those caregivers should look at the TANF child-only grant instead.

Eligibility Requirements

For a federal Title IV-E guardianship subsidy, every condition below must be met:

1. The child was removed from the home by court order or voluntary placement agreement and placed in DSS legal custody
2. The relative was licensed as a kinship foster parent and the child lived in the relative's home for at least six consecutive months under that foster license
3. Returning the child home or adoption are not appropriate permanency options for the child
4. A written agreement is negotiated with the prospective guardian before the guardianship arrangement is made.

South Dakota also funds state-only guardianship subsidies. Ask CPS which agreement and timing rules apply before finalizing a guardianship.

Payment Amounts

South Dakota negotiates subsidy amounts individually based on the child's needs. For Title IV-E guardianship assistance, the monthly payment cannot exceed the foster care maintenance payment the child would have received had they stayed in foster care. Ask CPS about the terms for a state-funded subsidy.

South Dakota funds GAP through Title IV-E of the Social Security Act (for federally eligible children) and through state funds (for children who do not meet federal IV-E requirements). The funding source does not change the family's experience — the check arrives the same way.

Medicaid Coverage Included

Children with a Title IV-E guardianship assistance agreement are eligible for Medicaid. South Dakota also funds state-only guardianship subsidies, so ask CPS whether the child qualifies for Medicaid through that agreement or another coverage group.

For a Title IV-E agreement, federal law requires the agreement to remain in effect regardless of the guardian's state of residence. The state where the child lives must enroll a child receiving Title IV-E guardianship payments in Medicaid. Contact the new state's Medicaid agency about enrollment after a move.

How Long Subsidies Last

South Dakota CPS says it can provide a guardianship subsidy until the youth turns 18.

What If You Took Guardianship Without CPS Involvement

If you obtained guardianship through circuit court on your own — without the child first being in DSS foster care custody — you are not eligible for GAP. But you are eligible for other financial supports:

• TANF child-only grant: Up to $414/month for one child, no income test on the caregiver
• Medicaid/CHIP: Health coverage based on the child's income
• SNAP: Food assistance based on household income
• CCAP: Child care subsidies with the relative caregiver's income excluded

The South Dakota Financial Help Guide covers both paths — the GAP subsidy for CPS-involved placements and the full benefits stack for every other kinship arrangement.

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