Chapter 05. Informal Kinship Care
Regulation .01 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“County” means a county of this State and includes Baltimore City.
(2)
“Informal kinship care” means a living arrangement in which a relative of a child, who is not in the care, custody, or guardianship of the local department of social services, provides for the care and custody of the child due to a serious family hardship.
(3)
“Receiving agency” means the local education agency for the county where the relative of a child in an informal kinship care relationship resides.
(4)
“Relative” means an adult related to the child by blood or marriage within the fifth degree of consanguinity.
(5)
“Sending agency” means the local education agency for a county where the parent or legal guardian of a child in an informal kinship care relationship resides, and as further defined in Education Article, §4-122.1, Annotated Code of Maryland.
(6)
“Serious family hardship” means:
(a)
Death of a parent or legal guardian of the child, supported by a copy of the death certificate or other proof;
(b)
Serious illness of a parent or legal guardian of the child, supported by a copy of the doctor's report, note, or other proof;
(c)
Drug addiction of a parent or legal guardian of the child, supported by documentation from a treatment provider or parent, or other proof;
(d)
Incarceration of a parent or legal guardian of the child, supported by documentation from the legal system, detention center, or other proof;
(e)
Abandonment by a parent or legal guardian of the child, supported by notarized statements from all legal guardians or documentation from court, social services, or other proof; or
(f)
Assignment of a parent or legal guardian of a child to active military duty, supported by a copy of military orders or other proof.
Regulation .02 General Provisions.LinkCopy Citation
A.
A county superintendent shall allow a child who is a Maryland resident to attend a public school in a county or school attendance area other than the county or school attendance area where the child is domiciled with the child's parent or legal guardian if:
(1)
The child lives with a relative providing informal kinship care in the county or school attendance area; and
(2)
The relative verifies the informal kinship care relationship through a sworn affidavit in the form and as specified in Regulations .04—.06 of this chapter.
B.
If a change occurs in the care or in the serious family hardship of the child, the relative providing informal kinship care for the child shall notify the local school system in writing within 30 days after the change occurs.
C.
The relative providing informal kinship care shall make reasonable efforts to inform the parent or legal guardian of the child of the informal kinship care relationship.
D.
The relative providing informal kinship care shall make the full range of educational decisions for the child unless the court:
(1)
Appoints a guardian for the child; or
(2)
Awards custody of the child to someone other than the relative providing informal kinship care.
E.
The parent or legal guardian of a child in an informal kinship care relationship shall have final decision-making authority regarding the educational needs of the child.
F.
Education funding of a child in informal kinship care shall be provided in accordance with Education Article, §4-122.1, Annotated Code of Maryland.
G.
A child in an informal kinship care relationship shall receive an appropriate education from the receiving agency.
H.
The receiving agency shall include a child enrolled as the result of an informal kinship care relationship in its full-time equivalent enrollment as provided by Education Article, §5-202(a), Annotated Code of Maryland.
Regulation .03 Notification and Financial Determination.LinkCopy Citation
A.
Each receiving agency shall:
(1)
Notify the State Superintendent of the name of each child in an informal kinship care relationship as of December 31 of each year; and
(2)
Subject to Education Article, §4-122.1(b), Annotated Code of Maryland, make a preliminary determination of the sending agency that is financially responsible for each child under Education Article, §4-122.1(d), Annotated Code of Maryland.
B.
The receiving agency shall send to the sending agency by January 31 of each year:
(1)
A copy of the notice required under §A of this regulation; and
(2)
A copy of the affidavit and supporting documentation for each child for which the sending agency is financially responsible.
C.
The receiving agency shall send to the State Superintendent by January 31 of each year the name of each child in an informal kinship care relationship and the name of the sending agency for each child listed.
D.
The sending agency that was determined to be financially responsible under §A of this regulation may appeal that determination to the State Superintendent within 30 days of the date on which the notice was mailed.
Regulation .04 Affidavit Requirement.LinkCopy Citation
A.
The relative providing informal kinship care shall submit to the receiving agency an affidavit verifying the informal kinship care relationship.
B.
The affidavit shall include:
(1)
The name and date of birth of the child;
(2)
The name and address of the child's parent or legal guardian;
(3)
The name and address of the relative providing informal kinship care;
(4)
The date the relative assumed informal kinship care;
(5)
The nature of the serious family hardship and why it resulted in informal kinship care;
(6)
The kinship relation to the child of the relative providing informal kinship care;
(7)
The name and address of the school the child previously attended;
(8)
Notice that the county superintendent may verify the facts given by the relative providing informal kinship care in the affidavit and conduct an audit of the case after the child has been enrolled in the county public school system;
(9)
Notice that if fraud or misrepresentation is discovered during an audit, the county superintendent shall remove the child from the public school or county public school system roll;
(10)
Notice that any person who willfully makes a material misrepresentation in the affidavit shall be subject to a penalty payable to the county for three times the prorated share of tuition for the time the child fraudulently attends a public school in the county; and
(11)
Attached instructions that:
(a)
Explain the necessity for both an affidavit and supporting documentation of the serious family hardship resulting in informal kinship care; and
(b)
Encourage the relative providing informal kinship care to submit the affidavit and supporting documentation before September 30 of each year.
Regulation .05 Affidavit Form.LinkCopy Citation
A.
The affidavit shall be in the following form:
B.
Each local school system shall:
(1)
Make affidavit forms, with attached instructions, available free of charge at the offices of each county board of education; and
(2)
Advise inquirers that affidavit forms are also available at the local department of social services and the local area agency on aging.
Regulation .06 Filing of Affidavit.LinkCopy Citation
A.
The relative providing informal kinship care may file the original affidavit during a school year when the relative begins providing care to the child.
B.
The relative providing informal kinship care shall file an affidavit annually at least 2 weeks prior to the beginning of the school year for each year the child continues to live with the relative because of a serious family hardship.
C.
The relative providing informal kinship care shall submit, with the affidavit, supporting documentation of one or more serious family hardships, which includes, but is not limited to:
(1)
Death certificate for death;
(2)
Verification by physician or hospital for serious illness;
(3)
Verification by treatment provider for drug addiction;
(4)
Verification by legal system or detention center for incarceration;
(5)
Notarized statements from legal guardians or verification from court or social services for abandonment;
(6)
Military orders for assignment to military duty; and
(7)
Where possible, the telephone number and address of any authority who is legally authorized to reveal information which can verify the assertions in the affidavit.
D.
The supporting documentation shall be consistent with local, State, and federal privacy and confidentiality policies and statutes.
E.
If the relative providing informal kinship care does not submit the appropriate supporting documentation with the affidavit or within 30 calendar days of submitting the affidavit, the receiving agency may withdraw the child from school or may charge the relative school tuition.
Regulation .07 Penalties.LinkCopy Citation
A.
The county superintendent shall remove the child from the county public school system roll if fraud or misrepresentation is discovered after the child has been enrolled in the school system.
B.
Any person who willfully makes a material misrepresentation in the affidavit shall be subject to a penalty payable to the county for three times the prorated share of tuition for the time the child fraudulently attended a public school in the county.
Chapter annotations
Authority: Education Article, §§2-205, 4-122.1, and 7-101, Annotated Code of Maryland
History: Effective date: January 16, 2006 (33:1 Md. R. 37)
History: Regulation .02A amended effective June 29, 2009 (36:13 Md. R. 900)
History: Regulation .04B amended effective June 29, 2009 (36:13 Md. R. 900)
History: Regulation .05A amended effective June 29, 2009 (36:13 Md. R. 900)