Sec. 07.02.29.06. Title IV-E Guardianship Assistance Eligibility Criteria

A. To be eligible for the Title IV-E guardianship assistance payment, both the child and the relative caregiver shall meet the eligibility requirements of this regulation.

B. Child Eligibility.

(1) To be eligible for the Title IV-E guardianship assistance payment, the child shall be under 18 years old, except as stated in §B(2) or (3) of this regulation, and the child shall:

(a) Meet the requirements for eligibility as stated in Regulation .04 this chapter; and

(b) Have been eligible for Title IV-E foster care maintenance payments for the last 6 consecutive month period during which the child resided in the home of the relative caregiver.

(2) The child or youth who has a documented mental or physical disability, which the local department determines warrants the continuation of assistance shall be eligible until 21 years old.

(3) A youth who was at least 16 years old at the time the guardianship assistance agreement became effective shall be eligible until 21 years old as long as the youth is:

(a) Completing secondary education or a program leading to an equivalent credential;

(b) Enrolled in or attending, subsequent to the youth’s 18th birthday a:

(i) Maryland Higher Education Commission institution of higher learning or an equivalent; or

(ii) Vocational training program;

(c) Participating in a program or activity designed to promote, or remove barriers to, employment;

(d) Employed for at least 80 hours per month; or

(e) Incapable of doing any of the above described activities due to a medical condition.

(4) If an eligible youth receiving guardianship assistance payments upon reaching 18 to 21 years old is not eligible under §B(2) or (3) of this regulation, the youth’s guardianship assistance payment may be converted to the State guardianship assistance payment as detailed in Regulation .07 of this chapter.

C. Siblings.

(1) All siblings of a Title IV-E eligible child are eligible for guardianship assistance payment if:

(a) The sibling is committed to the local department and placed with the same relative caregiver at the same time or after the eligible child is placed;

(b) The local department, after monitoring the sibling in the placement for a minimum of 6 months with the relative caregiver, agrees that the placement of the siblings together is appropriate; and

(c) The relative caregiver agrees that the placement of the siblings together in the placement is appropriate.

(2) The sibling who meets the criteria of §C(1)of this regulation and is placed in the home of the same relative caregiver, as the eligible child shall be included in:

(a) The original guardianship assistance agreement for the eligible child or a separate guardianship agreement identifying the child as a sibling of an eligible child, if at the time of execution of the agreement the sibling meets the criteria of §C(1) of this regulation; or

(b) An amended or separate guardianship assistance agreement identifying the child as a sibling of an eligible child, if placed with the relative after the time of execution of the original guardianship assistance agreement, which shall be executed prior to the court decree of guardianship of the sibling to the relative caregiver.

D. Relative caregiver eligibility.

(1) The relative caregiver shall meet the requirements for eligibility as set forth in Regulation .05 this chapter; and

(2) The home of the relative caregiver shall be fully approved as a resource home for 6 consecutive months during which the child resided with the relative caregiver.