Sec. 07.02.29.04. General Eligibility Requirements for Child

A. A child committed to a local department or under a voluntary placement agreement with a local department shall be eligible for consideration to participate when:

(1) As a result of a judicial determination that continuation in the home would be contrary to the welfare of the child or the child has been removed from the home pursuant to a voluntary placement agreement;

(2) The child has resided with the relative caregiver for the last 6 consecutive months;

(3) The local department of social services has established that return home and adoption have been ruled out;

(4) The child demonstrates a strong attachment to the relative caregiver;

(5) The child is under the age of 18 years old, at the time of the court hearing to award custody and guardianship; and

(6) The school age child under 18 years old, is a full-time elementary or secondary school student, or is incapable of attending school due to a documented medical condition.

B. A youth shall be consulted and be in agreement with the guardianship arrangement.