Wyoming Guardianship Assistance Payment for Kinship Caregivers

Two Very Different Guardianship Paths

When people hear "guardianship assistance payment" in Wyoming, there is usually confusion about what that actually means. Wyoming has two completely separate paths, and which one applies to you depends on whether the child came into your care through the child welfare system or through a private family arrangement.

DFS Guardianship Subsidy — a negotiated monthly payment available to relative caregivers who take legal guardianship of a child who was previously in formal DFS foster care. This is the payment program most people think of when they hear "guardianship assistance."

Private guardianship — when you petition the District Court for guardianship of a grandchild or relative's child on your own, without DFS involvement. This path does not automatically generate any state financial payment, regardless of your income or the child's needs.

Understanding this distinction upfront prevents months of frustration chasing a subsidy you may not be eligible for.

Who Qualifies for the DFS Guardianship Subsidy

The requirements are specific and sequential. All of these must be met before the court finalizes the guardianship order:

1. The child was removed from home under a voluntary placement agreement or a court order in a child-welfare case — this is a formal child welfare placement, not a private family decision.
2. You obtained a licensed relative foster home approval and cared for the child in that capacity for at least 6 consecutive months.
3. The state agency determined that returning the child home or adoption are not appropriate permanency options.
4. Children aged 14 and older were consulted about the guardianship arrangement.

If all conditions are met, DFS will negotiate a monthly subsidy payment with you. The payment is capped at the foster care maintenance board rate the child would have received while in foster care. The agreement must provide for payment of nonrecurring expenses associated with obtaining legal guardianship, up to $2,000.

The Timing Trap

The single most critical requirement: the Guardianship Assistance Agreement must be fully signed by both you and DFS before the District Court enters the final guardianship order. If the court finalizes the guardianship before the agreement is executed, the child permanently loses eligibility for the DFS guardianship subsidy.

If your court hearing is approaching and the agreement is not yet signed, seek an immediate postponement. Contact Legal Aid of Wyoming at 1-877-432-9955 or your DFS caseworker to flag the timing issue.

What About Private Guardianship?

If you went to court on your own — filed a petition under Wyoming Statutes Title 3, Chapter 2, obtained a guardianship order through the District Court — and DFS was never involved, you are not eligible for the DFS guardianship subsidy. The child was not in foster care, so the foster-care prerequisite cannot be met.

This does not mean you have no financial help available. Private guardians and informal kinship caregivers can access:

• POWER Caretaker Relative grant — up to $259/month per child, with the caregiver's income excluded
• Kid Care CHIP or Medicaid — health coverage for the child, often with no income counted if you are not claiming the child as a tax dependent
• SNAP food assistance — household-income tested, but adding the child increases your household size and may qualify you for a larger benefit
• LIEAP heating assistance — seasonal energy cost support

Children covered by a Title IV-E Guardianship Agreement receive categorical Medicaid eligibility, but children in private guardianship arrangements qualify through the standard MAGI rules, which still exclude caregiver income under non-filer household rules.

Kinship Foster Care Payments

Separately from guardianship subsidies, relatives who receive a formal DFS child welfare placement and obtain foster home licensing receive monthly foster care maintenance payments while the child is in foster care. The caregiver's personal income is excluded for foster payment purposes. These payments continue until the child exits foster care through reunification, adoption, or guardianship.

The Wyoming Kinship Financial Help Guide explains how each of these pathways works, when to pursue guardianship versus informal care for financial purposes, and how to coordinate benefits across DFS, the Department of Health, and the courts.

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