Sec. 07.02.29.08. Responsibilities of the Local Department

A. The local department shall ensure:

(1) The child is under the age of 18 years old prior to being considered for the Guardianship Assistance Program; and

(2) The child and relative caregiver are in agreement with the custody and guardianship recommendation.

B. The local department shall negotiate and enter into a guardianship assistance agreement with the relative caregiver.

(1) The agreement shall specify:

(a) The amount of and manner in which the monthly assistance shall be paid;

(b) The assistance payment shall be paid monthly as a per diem rate and will fluctuate month to month;

(c) Any additional services and assistance that the child and relative caregiver will be eligible for under the agreement, if any;

(d) The procedure by which the relative caregiver may apply for additional services as needed;

(e) For a IV-E eligible child, that the State shall pay the total cost of nonrecurring expenses associated with obtaining legal guardianship of the child, not to exceed $2,000;

(f) The manner in which the payment may be adjusted periodically, in consultation with the relative guardian, based on the circumstances of the relative guardian and the needs of the child;

(g) That the relative guardian shall report any changes in the child or relative guardian eligibility;

(h) The continuation of the agreement up to the age of 21 years old when specific criteria are met;

(i) That an annual or periodic reconsideration shall be held to ascertain any changes;

(j) The reasons for suspension or discontinuation of payment;

(k) The reasons for termination of the agreement; and

(l) That the agreement shall remain in effect without regard to the State residency of the relative guardian.

(2) The agreement shall be signed prior to the court granting the guardianship decree.

(3) The local department shall provide the relative caregiver with a copy of the signed agreement.

(4) The effective date of the assistance payment shall be the date the court awards custody and guardianship to the relative caregiver.

C. The local department shall not make custody and guardianship recommendations to the court until:

(1) All aspects of the home study have been completed;

(2) The relative caregiver is found eligible; and

(3) A guardianship assistance agreement has been negotiated and signed by all parties.

D. The local department shall notify birth parents of the intended action to transfer legal guardianship to the relative caregiver.

(1) The written notification shall contain information that their parental rights are not being terminated and that parents or any other party in the case may petition the court to review the custody and guardianship order at any time in the future.

(2) The notification shall be by certified mail to the last known address.

E. The local department shall ensure that:

(1) The guardianship assistance agreement is signed prior to the finalization of the guardianship;

(2) The guardianship assistance payment begins after the court awards custody and guardianship to the relative guardian; and

(3) The child’s case plan has been changed to reflect the new permanency plan of custody and guardianship and the case record contains the necessary documentation including:

(a) Determination that reunification or adoption is not appropriate for the child;

(b) If siblings are not placed in the same home, the reason for separation of the siblings and the efforts made by the local department for visitation;

(c) Justification that custody and guardianship with the relative caregiver is in the child’s best interest;

(d) Details of the child’s eligibility;

(e) Documentation that adoption was discussed with the relative caregiver as the more permanent option and the list of reasons not to pursue adoption;

(f) Documentation of the efforts made by the local department to discuss the plan of relative guardianship with the child’s parent; and

(g) If the child is at least 14 years old, documentation that the child has been consulted regarding the kinship guardianship arrangement.

F. The local department shall maintain a separate case record and medical assistance card for each sibling included in the guardianship assistance agreement.

G. Once the court grants guardianship to the relative caregiver:

(1) The legal responsibility of the local department is terminated; and

(2) The local department maintains responsibility for the guardianship assistance payment until the assistance is terminated according to Regulation .13 of this chapter.