<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".06" citation="COMAR 07.02.29.06" title_num="07" subtitle_num="02" chapter_num="29" heading="Title IV-E Guardianship Assistance Eligibility Criteria.">
  <paragraph num="A.">
    <text>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.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Child Eligibility.</text>
    <paragraph num="(1)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>Meet the requirements for eligibility as stated in Regulation .04 this chapter; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>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.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>Completing secondary education or a program leading to an equivalent credential;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Enrolled in or attending, subsequent to the youth’s 18th birthday a:</text>
        <paragraph num="(i)">
          <text>Maryland Higher Education Commission institution of higher learning or an equivalent; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Vocational training program;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(c)">
        <text>Participating in a program or activity designed to promote, or remove barriers to, employment;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Employed for at least 80 hours per month; or</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Incapable of doing any of the above described activities due to a medical condition.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Siblings.</text>
    <paragraph num="(1)">
      <text>All siblings of a Title IV-E eligible child are eligible for guardianship assistance payment if:</text>
      <paragraph num="(a)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>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</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The relative caregiver agrees that the placement of the siblings together in the placement is appropriate.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>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</text>
      </paragraph>
      <paragraph num="(b)">
        <text>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.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Relative caregiver eligibility.</text>
    <paragraph num="(1)">
      <text>The relative caregiver shall meet the requirements for eligibility as set forth in Regulation .05 this chapter; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
  </paragraph>
</regulation>