Sec. 07.02.29.11. Continued Participation

A. The local department shall conduct a reconsideration of the guardianship assistance at least once every year until the guardianship assistance is terminated.

B. The local department shall provide written notice to the relative guardian 60 days prior to the due date of the required annual reconsideration, which shall include:

(1) A copy of the current guardianship assistance agreement;

(2) A list of information or documentation required to be submitted by the relative guardian for reconsideration of the guardianship assistance including:

(a) A signed written statement that the child continues to reside with and be in the care of the relative guardian;

(b) Documentation that the child:

(i) Is a full-time student, which shall be in the form of a copy of the report card or third party documentation;

(ii) Is incapable of attending school due to a documented medical condition and therefore not enrolled in school; or

(iii) Is 18 years old or older and is in compliance with §E of this regulation; and

(c) A copy of the child’s immunization record documenting regular health care if the child is not school age or not enrolled in school;

(3) Notice that the guardianship assistance may be reduced as a result of the reconsideration; and

(4) A request that the relative guardian contact the local department to schedule a consultation for reconsideration of the guardianship assistance.

C. Consultation with the relative guardian shall include discussion of:

(1) Continued eligibility and participation of the child in the guardianship assistance program;

(2) Continued eligibility and participation of the relative guardian in the guardianship assistance program; and

(3) Any additions or modifications to the guardianship assistance agreement including:

(a) Payment amounts;

(b) Termination time frame; and

(c) Requirement that all parties must agree to any change or amendment.

D. Following the reconsideration, the local department shall provide to the relative guardian:

(1) 30 days written notice of any planned reduction of the guardianship assistance amount as a result of the reconsideration; and

(2) A copy of any proposed amendments to the guardianship assistance agreement as a result of the reconsideration.

E. Continuation of Title IV-E guardianship assistance for youth age 18 to 21 years old.

(1) A youth who was at least 16 years old at the time the guardianship assistance agreement became effective shall be eligible for Title IV-E guardianship assistance payments 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.

(2) A youth with a documented physical or mental disability warranting continuance of assistance shall remain eligible for Title IV-E or State guardianship payments until attaining 21 years old provided the relative guardian provides documentation of the physical or mental disability to the local department 30 days prior to the youth attaining age 18, and provides documentation showing disability at each annual reconsideration.

(3) A youth who is not eligible for continued participation according to §E(1) or (2) of this regulation remains eligible for State guardianship assistance payments until age 21, provided 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) The local department shall request in writing 60 days prior to the child attaining 18 years old, and at each subsequent annual reconsideration, from the relative guardian documentation of the child’s continued need for guardianship assistance as required in §B and §C(1)-(3) of this regulation.