The purpose of the guardianship assistance program is to provide legal stability for a child who is in the custody or guardianship of a local department of social services by allowing relative caregivers to take full legal responsibility for the child. The goals of the guardianship assistance program are to: 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. In this chapter, the following terms have the meanings indicated. Terms Defined. “Case plan” has the meaning stated in COMAR 07.02.11. “Child” means an individual: Younger than 18 years old; or 18 to 21 years old if the court retains jurisdiction over the child and the child meets the eligibility requirements established in COMAR 07.02.11. “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: Related by blood, marriage or adoption within the fifth degree of consanguinity or affinity as set forth in the Estates and Trusts Article, §1-203, Annotated Code of Maryland; or An individual who makes up the family support system, including: Adults related beyond the fifth degree of consanguinity or affinity; Godparents; Friends of the family; or Other adults who have a strong familial bond with the child. “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. Both the child and the relative caregiver shall meet the eligibility requirements stated in Regulations .04 and .05 of this chapter, respectively; and 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. The local department shall negotiate and enter into a binding guardianship assistance agreement with the proposed relative caregiver prior to the court decree of custody and guardianship to the relative caregiver. The effective date of the guardianship assistance payment shall be the date the court awards custody and guardianship to the relative caregiver. Guardianship assistance program participation may not be: 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. A child committed to a local department or under a voluntary placement agreement with a local department shall be eligible for consideration to participate when: 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. A youth shall be consulted and be in agreement with the guardianship arrangement. To be eligible for the guardianship assistance program, the relative caregiver shall: 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. The relative caregiver shall: 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. Refusal by the relative caregiver or any adult member of the household to consent to any of the requirements of §B of this regulation shall be grounds for denial of the guardianship assistance request. The spouse of a relative guardian shall be encouraged to participate as a relative guardian for the agreement and the court determined guardianship. 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. Child Eligibility. 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: Meet the requirements for eligibility as stated in Regulation .04 this chapter; and 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. 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: Completing secondary education or a program leading to an equivalent credential; Enrolled in or attending, subsequent to the youth’s 18th birthday a: Maryland Higher Education Commission institution of higher learning or an equivalent; or Vocational training program; Participating in a program or activity designed to promote, or remove barriers to, employment; Employed for at least 80 hours per month; or Incapable of doing any of the above described activities due to a medical condition. 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. Siblings. All siblings of a Title IV-E eligible child are eligible for guardianship assistance payment if: 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; 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 The relative caregiver agrees that the placement of the siblings together in the placement is appropriate. 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 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 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. Relative caregiver eligibility. 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. To be eligible for the State guardianship assistance payment, both the child and the relative caregiver shall meet the eligibility requirements of this regulation. Child Eligibility. Except as stated in §B(2) of this regulation, the child shall be under the age of 18 years old and shall: Meet the requirements for eligibility as set forth in Regulation .04 of this chapter; and Have resided with the relative caregiver in a kinship care placement as set forth in COMAR 07.02.25 for the last 6 consecutive months. 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 youth does not qualify for the Title IV-E guardianship assistance payment as set forth in §B(2) or B(3) of Regulation .06 of this chapter; The youth remains the financial responsibility of the relative guardian; and The youth meets the criteria for continued participation as delineated in Regulation .11 of this chapter. Relative Caregiver Eligibility. 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: Shall meet the requirements of Regulation .05B of this chapter; and Shall be an approved kinship care home as delineated in COMAR 07.02.25 for a period of at least 6 consecutive months during which the child resided with the kinship parent. The local department shall ensure: 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 local department shall negotiate and enter into a guardianship assistance agreement with the relative caregiver. The agreement shall specify: The amount of and manner in which the monthly assistance shall be paid; The assistance payment shall be paid monthly as a per diem rate and will fluctuate month to month; Any additional services and assistance that the child and relative caregiver will be eligible for under the agreement, if any; The procedure by which the relative caregiver may apply for additional services as needed; For a IV-E eligible child, that the State shall pay the total cost of nonrecurring expenses associated with obtaining legal guardianship of the child, not to exceed $2,000; The manner in which the payment may be adjusted periodically, in consultation with the relative guardian, based on the circumstances of the relative guardian and the needs of the child; That the relative guardian shall report any changes in the child or relative guardian eligibility; The continuation of the agreement up to the age of 21 years old when specific criteria are met; That an annual or periodic reconsideration shall be held to ascertain any changes; The reasons for suspension or discontinuation of payment; The reasons for termination of the agreement; and That the agreement shall remain in effect without regard to the State residency of the relative guardian. 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. The local department shall not make custody and guardianship recommendations to the court until: 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 local department shall notify birth parents of the intended action to transfer legal guardianship to the relative caregiver. 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 local department shall ensure that: 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: Determination that reunification or adoption is not appropriate for the child; If siblings are not placed in the same home, the reason for separation of the siblings and the efforts made by the local department for visitation; Justification that custody and guardianship with the relative caregiver is in the child’s best interest; Details of the child’s eligibility; Documentation that adoption was discussed with the relative caregiver as the more permanent option and the list of reasons not to pursue adoption; Documentation of the efforts made by the local department to discuss the plan of relative guardianship with the child’s parent; and If the child is at least 14 years old, documentation that the child has been consulted regarding the kinship guardianship arrangement. The local department shall maintain a separate case record and medical assistance card for each sibling included in the guardianship assistance agreement. Once the court grants guardianship to the relative caregiver: 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. The relative guardian shall agree to: 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: Reunification of the child with a parent; Extenuating circumstances such as: A need for temporary housing; or Participation in rehabilitation due to prior substance abuse issues. The following circumstances shall affect the eligibility status of the relative guardian, or the continued eligibility status of the relative guardian: 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: Suspended immediately; and Terminated if the child is not returned to the physical custody of the relative guardian within 60 days. Relocation Out-of-State. The relative guardian shall notify the local department in writing of plans to relocate out of the State: 30 days prior to relocation; and Include the relocation address in the notification. 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: 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 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. The local department shall negotiate the monthly assistance amount for each eligible child or sibling. 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: Child’s age; Documented medical diagnosis; Documented mental or emotional diagnosis; or A need for childcare. 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. Medical Assistance. 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: 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 Who resides with the relative guardian out-of-State shall apply for medical assistance in the State of residence. 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. Nonrecurring expenses include: Legal fees for guardianship of an eligible child; or Assistance with legal fees needed for guardianship of an ineligible sibling placed in the same household. Other expenditures made necessary by the transfer of guardianship may also be included in the one-time payment, such as: Transportation; Criminal background check; and Reasonable cost of lodging and food for the child and relative caregiver residing out-of-State. 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 guardianship assistance agreement shall remain in effect without regard to the state of residence of the relative guardian. Consideration of Other Financial Resources Available to Child. The local department shall: Notify the Family Investment Administration in writing of the guardianship assistance; 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 Request confirmation from the Family Investment Administration of the termination of the child only recipient grant. Social Security benefits shall be considered resources for determining and negotiating the assistance payment. Receipt of guardianship assistance may reduce the child's supplemental security income benefits. The local department shall inform the Social Security Administration of the assistance payment. 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. Child Support. The local department shall consider a child support award as a resource when negotiating the assistance payment. The assistance payment shall be reduced by the child support amount received by the relative guardian on behalf of the child. The relative guardian shall apply to become the payee for child support on behalf of the child upon finalization of the guardianship. The local department shall notify the Child Support Administration of the guardianship assistance payment. The local department shall conduct a reconsideration of the guardianship assistance at least once every year until the guardianship assistance is terminated. 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: 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: A signed written statement that the child continues to reside with and be in the care of the relative guardian; Documentation that the child: Is a full-time student, which shall be in the form of a copy of the report card or third party documentation; Is incapable of attending school due to a documented medical condition and therefore not enrolled in school; or Is 18 years old or older and is in compliance with §E of this regulation; and A copy of the child’s immunization record documenting regular health care if the child is not school age or not enrolled in school; 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. Consultation with the relative guardian shall include discussion of: 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: Payment amounts; Termination time frame; and Requirement that all parties must agree to any change or amendment. Following the reconsideration, the local department shall provide to the relative guardian: 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. Continuation of Title IV-E guardianship assistance for youth age 18 to 21 years old. 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: Completing secondary education or a program leading to an equivalent credential; Enrolled in or attending, subsequent to the youth’s 18th birthday, a: Maryland Higher Education Commission institution of higher learning or an equivalent; or Vocational training program; Participating in a program or activity designed to promote, or remove barriers to, employment; Employed for at least 80 hours per month; or Incapable of doing any of the above described activities due to a medical condition. 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: Completing secondary education or a program leading to an equivalent credential; Enrolled in or attending, subsequent to the youth’s 18th birthday, a: Maryland Higher Education Commission institution of higher learning or an equivalent; or Vocational training program; Participating in a program or activity designed to promote, or remove barriers to, employment; Employed for at least 80 hours per month; or Incapable of doing any of the above described activities due to a medical condition. 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. The local department shall suspend the guardianship assistance when the: 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 local department shall provide 30 days written notification to the relative guardian via a letter of intended action prior to any suspension of the assistance. The local department shall terminate the guardianship assistance for the following reasons: 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. Guardianship assistance shall be terminated upon written request from the relative guardian. Guardianship assistance is not transferable to a relative that is not a party to both the guardianship assistance agreement and the applicable decree of custody and guardianship. The local department shall provide 30 days written notification to the relative guardian prior to termination. The local department, in accordance with COMAR 07.01.04, shall provide the opportunity for a fair hearing if guardianship assistance is: Denied; Suspended; Reduced; or Terminated for reasons other than: 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. Courts and Judicial Proceedings Article, §3-819.2; Family Law Article, §5-525; Annotated Code of Maryland(Agency Note: Federal Statutory Reference—42 U.S.C. §673(d)) Effective date: February 20, 2012 (39:3 Md. R. 258) Regulation .02B amended effective August 17, 2015 (42:16 Md. R. 1054) Regulation .03A amended effective August 17, 2015 (42:16 Md. R. 1054) Regulation .04A amended effective August 17, 2015 (42:16 Md. R. 1054) Regulation .05A, B amended effective August 17, 2015 (42:16 Md. R. 1054) Regulation .06B amended effective August 17, 2015 (42:16 Md. R. 1054) Regulation .07B amended effective August 17, 2015 (42:16 Md. R. 1054) Regulation .08B amended effective August 17, 2015 (42:16 Md. R. 1054) Regulation .10A, C amended effective August 17, 2015 (42:16 Md. R. 1054)