Sec. 07.02.29.09. Relative Guardian Responsibilities

A. The relative guardian shall agree to:

(1) Exercise primary care and supervision of the child or youth until the child or youth reaches 18 years old or up to 21 years old with continued eligibility as set forth in Regulation .11 of this chapter;

(2) Inform the local department if the child’s birth parent plans to reside with the relative guardian;

(3) Apply to become the payee for social security benefits, supplemental security income or child support on behalf of the child; and

(4) Notify the local department of any change in the placement, including:

(a) Reunification of the child with a parent;

(b) Extenuating circumstances such as:

(i) A need for temporary housing; or

(ii) Participation in rehabilitation due to prior substance abuse issues.

B. The following circumstances shall affect the eligibility status of the relative guardian, or the continued eligibility status of the relative guardian:

(1) The relative guardian may not voluntarily return the child to the birth parent’s care and custody; and

(2) If the child is no longer living with the relative guardian, the guardianship assistance shall be:

(a) Suspended immediately; and

(b) Terminated if the child is not returned to the physical custody of the relative guardian within 60 days.

C. Relocation Out-of-State.

(1) The relative guardian shall notify the local department in writing of plans to relocate out of the State:

(a) 30 days prior to relocation; and

(b) Include the relocation address in the notification.

(2) Guardianship assistance payments shall continue in the new location with receipt of notice as long as the child and the relative guardian remain eligible.

(3) The child’s eligibility for medical assistance:

(a) For the IV-E eligible child, shall continue, as the child is categorically eligible regardless of relocation to another state as long as the child is receiving a monthly guardianship assistance payment of at least $1; or

(b) For the State eligible child, may continue in the new location if the child is determined to be eligible for medical insurance by state of residence.