Sec. 07.02.29.10. Guardianship Assistance Benefits

A. The local department shall negotiate the monthly assistance amount for each eligible child or sibling.

(1) The monthly guardianship assistance payment may not exceed 100 percent of the regular care board rate based on the child’s age as set forth in COMAR 07.02.11, which would have been paid on behalf of the child if the child had remained or was placed in a resource family home.

(2) The assistance amount shall be based upon an assessment of the child’s special needs, which may include:

(a) Child’s age;

(b) Documented medical diagnosis;

(c) Documented mental or emotional diagnosis; or

(d) A need for childcare.

(3) The monthly assistance may be adjusted periodically in consultation with the relative guardian, based on the circumstances of the relative guardian and the needs of the child.

(4) Any adjustment must be approved by the Social Services Administration prior to the signing of a new guardianship assistance agreement.

B. Medical Assistance.

(1) The child who is eligible for the Title IV-E guardianship assistance is categorically eligible for the federal Medicaid program available in the state of residence if the child is receiving Title IV-E guardianship assistance on an ongoing basis of at least $1 per month.

(2) The child who is eligible for the state guardianship assistance:

(a) Who resides with the relative guardian in the State shall be eligible for state medical assistance for a period of 1 year, and be evaluated annually thereafter for continued State medical assistance; and

(b) Who resides with the relative guardian out-of-State shall apply for medical assistance in the State of residence.

C. For a IV-E eligible child, the local department shall provide a one-time only payment for nonrecurring expenses related to cost associated with obtaining legal guardianship up to a maximum of $2,000.

(1) Nonrecurring expenses include:

(a) Legal fees for guardianship of an eligible child; or

(b) Assistance with legal fees needed for guardianship of an ineligible sibling placed in the same household.

(2) Other expenditures made necessary by the transfer of guardianship may also be included in the one-time payment, such as:

(a) Transportation;

(b) Criminal background check; and

(c) Reasonable cost of lodging and food for the child and relative caregiver residing out-of-State.

(3) Nonrecurring expense payments may not include expenditures for legal fees unrelated to guardianship of a child.

(4) All requests for nonrecurring expenses shall be approved by the Social Services Administration prior to the signing of the guardianship assistance agreement and finalization of the guardianship by the court.

(5) Documentation supporting non-recurring expenses shall be submitted by the relative caregiver to the local department 30 days prior to the date of the court hearing for custody and guardianship.

D. The guardianship assistance agreement shall remain in effect without regard to the state of residence of the relative guardian.

E. Consideration of Other Financial Resources Available to Child.

(1) The local department shall:

(a) Notify the Family Investment Administration in writing of the guardianship assistance;

(b) Recommend the closing of the Temporary Cash Assistance case for the child only recipient grant as a result of custody and guardianship being awarded to the relative guardian and the assistance negotiated; and

(c) Request confirmation from the Family Investment Administration of the termination of the child only recipient grant.

(2) Social Security benefits shall be considered resources for determining and negotiating the assistance payment.

(a) Receipt of guardianship assistance may reduce the child's supplemental security income benefits.

(b) The local department shall inform the Social Security Administration of the assistance payment.

(c) The relative guardian shall apply to become the representative payee for Social Security benefits on behalf of the child and shall disclose the guardianship assistance payment to the Social Security Administration.

(3) Child Support.

(a) The local department shall consider a child support award as a resource when negotiating the assistance payment.

(b) The assistance payment shall be reduced by the child support amount received by the relative guardian on behalf of the child.

(c) The relative guardian shall apply to become the payee for child support on behalf of the child upon finalization of the guardianship.

(d) The local department shall notify the Child Support Administration of the guardianship assistance payment.