§ 9-8-204 — Eligibility

(a) A child is eligible for a guardianship subsidy if the Department of Human Services determines the following: (1) The child has been removed from the custody of his or her parent or parents as a result of a judicial determination to the effect that continuation in the custody of the parent or parents would be contrary to the welfare of the child; (2) The department is responsible for the placement and care of the child; (3) Being returned home or being adopted is not an appropriate permanency option for the child; (4) Permanent placement with a guardian is in the best interest of the child; (5) The child demonstrates a strong attachment to the prospective guardian, and the guardian has a strong commitment to caring permanently for the child; (6) With respect to a child who has attained fourteen (14) years of age, the child has been consulted regarding the guardianship; (7) (A) The necessary degree of relationship exists between the prospective guardian and the child. (B) For the purposes of determining eligibility for a guardianship subsidy, the necessary degree of relationship is satisfied by a relative or fictive kin as defined in § 9-28-108 ; (8) The child is eligible for Title IV-E foster care maintenance payments, or the department determines that adequate funding is available for the guardianship subsidy for a child who is not Title IV-E eligible; (9) The home of the prospective guardian complies with any applicable rules promulgated by the: (A) Child Welfare Agency Review Board for foster home licensure; and (B) Department for foster home approval; and (10) (A) While in the custody of the department, the child resided in the home of the prospective relative guardian for at least six (6) consecutive months after the prospective guardian's home was opened as a foster home. (B) If the department determines that adequate funding is available for a guardianship subsidy for a child who is not Title IV-E eligible under subdivision (a)(8) of this section, the department may waive the time requirement under this subdivision (a)(10). (b) A child who was previously determined by the department to be eligible for an initial guardianship subsidy under subsection (a) of this section may receive a subsequent guardianship subsidy when: (1) A guardianship subsidy agreement under subsection (a) of this section was signed by the department and the initial relative guardian; (2) The relative guardian has died or is incapacitated after the effective date of the guardianship subsidy agreement; (3) A successor guardian is named in the guardianship assistance agreement or an amendment to the agreement; (4) The department determines the successor guardian meets the necessary degree of relationship between the successor guardian and the child and the safety requirements in state and federal rules and regulations and department policy; and (5) A new guardianship subsidy agreement is signed by the successor guardian and the department before the entry of a successor guardianship.

Legislative History

Amended by Act 2023, No. 363,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 968,§ 1, eff. 7/24/2019. Amended by Act 2015, No. 1038,§ 1, eff. 4/4/2015 Acts 2007, No. 621, § 1; 2009, No. 325, § 1; 2011, No. 592, § 1