Chapter 29. Guardianship Assistance Program

Encourage relative caregivers to become legal guardians of a child who has been placed in their home by a local department of social services by removing financial barriers; and

Provide a permanent, safe, nurturing environment for a child that supports a familial cultural background.

“Case plan” has the meaning stated in COMAR 07.02.11.

“Child” means an individual:

“Court” means the circuit court for a county or Baltimore City sitting as a juvenile court.

“Guardianship” means that a court has granted physical and legal custody that includes legal authority, and responsibility for a child, to an individual to provide for a child’s needs.

“Guardianship assistance agreement” means the written and binding agreement between the local department of social services and the relative caregiver.

“Guardianship Assistance Program” means a program whereby the State, under qualifying circumstances, contributes financial assistance and medical assistance to help in the care of a child.

“Kinship care” means continuous 24-hour care and supportive services provided for a minor child placed by a child placement agency in the home of a relative related by blood or marriage within the fifth degree of consanguinity or affinity as set forth in the Estates and Trusts Article, §1-203, Annotated Code of Maryland.

“Local department” means a local department of social services in a county or Baltimore City, and the Montgomery County Department of Health and Human Services.

“Parent” means the birth or adoptive mother or father of the child and includes by reference both mother and father as applicable.

“Regular care rate” means the rate paid for all children in foster care who require routine care and supervision.

“Relative” means an adult who is at least 18 years old, and who is:

“Relative caregiver” means a relative, or relatives as is applicable, of a child who is in the care, custody, or guardianship of a local department and who has been designated by the local department as a temporary 24-hour caregiver of that child.

“Relative guardian” means a relative caregiver whom the court has designated as guardian.

“Resource home” means an individual or family approved by a local department as described in COMAR 07.02.25.

“Sibling” means a child that shares at least one parent with another child through blood relation, adoption or marriage of a parent.

“Voluntary placement” means the placement of a child into foster care voluntarily by the parent or legal guardian who is unable to care for the child, and is either time-limited or for children with disabilities as defined in COMAR 07.02.11.

“Youth” means a child 14 to 21 years old who is still in the custody of the State.

The child shall be placed with the relative caregiver for at least the last 6 consecutive months prior to the establishment of a guardianship assistance; and

The relative caregiver home shall be approved as a resource home or kinship care home for the last 6 consecutive months in which the child resided with the relative caregiver.

Transferred to a person who is not a party to the guardianship assistance agreement including the spouse of the relative guardian who has chosen not to be a party to the agreement or the guardianship; or

Applied retroactively to a time prior to the execution of the guardianship assistance agreement and guardianship decree of the court.

As a result of a judicial determination that continuation in the home would be contrary to the welfare of the child or the child has been removed from the home pursuant to a voluntary placement agreement;

The child has resided with the relative caregiver for the last 6 consecutive months;

The local department of social services has established that return home and adoption have been ruled out;

The child demonstrates a strong attachment to the relative caregiver;

The child is under the age of 18 years old, at the time of the court hearing to award custody and guardianship; and

The school age child under 18 years old, is a full-time elementary or secondary school student, or is incapable of attending school due to a documented medical condition.

Successfully complete the application requirements as set forth in §B of this regulation;

Be an approved resource or formal kinship care home with the child in the placement for the last 6 consecutive months; and

Demonstrate a strong commitment to permanently care for the child.

Complete a signed written application;

Complete a physical assessment and a mental health history;

Meet all the requirements of approval for a resource home or kinship care home as set forth in COMAR 07.02.25.

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:

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.

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:

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.

All siblings of a Title IV-E eligible child are eligible for guardianship assistance payment if:

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:

The relative caregiver shall meet the requirements for eligibility as set forth in Regulation .05 this chapter; and

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.

Except as stated in §B(2) of this regulation, the child shall be under the age of 18 years old and shall:

A youth that has been determined to be eligible and receiving guardianship assistance payment under §B or C of Regulation .06 of this chapter for the Title IV-E guardianship assistance payment shall be deemed eligible for the State guardianship payment beginning at the age of 18 if:

The relative caregiver shall meet the requirements for eligibility as stated in Regulation .05 of this chapter; or

The relative caregiver who is approved as a kinship parent and not a resource home:

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

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

The agreement shall specify:

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

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

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

All aspects of the home study have been completed;

The relative caregiver is found eligible; and

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

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.

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

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

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

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:

The legal responsibility of the local department is terminated; and

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

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;

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

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

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

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

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

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

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

The child’s eligibility for medical assistance:

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.

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

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.

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

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.

The child who is eligible for the state guardianship assistance:

Nonrecurring expenses include:

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

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

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.

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.

The local department shall:

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

Child Support.

A copy of the current guardianship assistance agreement;

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

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

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

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

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

Any additions or modifications to the guardianship assistance agreement including:

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

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

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 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.

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:

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.

Child is placed in foster care or another out of home setting with a plan of return home to the relative guardian;

Child is returned to the care of the birth parent with a plan of return home to the relative guardian;

Relative guardian fails to comply with the guardianship assistance agreement within a specified length of time;

Relative guardian notifies the local department that the child temporarily lives outside of the home and the relative guardian is no longer assuming responsibility for the child; or

Subsequent to the child’s 18th birthday, the child no longer meets conditions described in Regulation .11E of this chapter for continued assistance.

The youth reaches 18 years old and does not meet the continued eligibility criteria as set forth in Regulation .11 of this chapter;

The relative guardian requests termination of the assistance;

The local department determines the relative guardian is not legally responsible for the child;

The child is returned to the custody of the birth parent;

The child or relative guardian dies;

The child attains 21 years old;

The child becomes an emancipated minor;

The child marries;

The child enlists in the military;

The local department determines the relative guardian is not providing any financial support for the child; or

Assistance has been suspended according to Regulation .12 of this chapter for 60 days.

The child reaches age 21;

The child dies; or

All relative guardians who are party to both the assistance agreement and the court decree for custody and guardianship die.