1. (a) Subject to rules adopted to implement this article, the department may provide subsidies for an eligible child placed in kinship guardianship by a court, or by a federally recognized Native American Indian tribe, if the child would not be placed in a kinship guardianship without the assistance of the program.

2. (b) A child is an eligible child for a kinship guardianship subsidy if the department determines the following:

   1. (1) The child has been removed from the custody of his or her parent or parents, legal guardian, or legal custodian as a result of a judicial determination to the effect that continuation in the custody of the parent or parents, legal guardian, or legal custodian would be contrary to the welfare of the child.
   2. (2) The department is responsible for the placement and care of the child.
   3. (3) Being returned home or being adopted are not appropriate permanent options for the child.
   4. (4) Permanent placement with a kinship guardian is in the child’s best interests.
   5. (5) The child demonstrates a strong attachment to the prospective kinship guardian and the kinship guardian has a strong commitment to caring permanently for the child.
   6. (6) The child has received foster care maintenance payments while residing for at least six consecutive months in the home of the prospective kinship guardian.
   7. (7) With respect to a child who has attained 14 years of age, the child has been consulted regarding the kinship guardianship.
   8. (8) If required for federal funding participation, the kinship guardian is qualified pursuant to a means-based test and any other requirements.
   9. (9) If required for federal funding participation, the necessary degree of relationship exists between the prospective kinship guardian and the child.

(Act 2010-712, p. 1744, §5.)