1. A. To be eligible for the State guardianship assistance payment, both the child and the relative caregiver shall meet the eligibility requirements of this regulation.

2. B. Child Eligibility.

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

      1. (a) Meet the requirements for eligibility as set forth in Regulation .04 of this chapter; and
      2. (b) 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.

   2. (2) 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:

      1. (a) 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;
      2. (b) The youth remains the financial responsibility of the relative guardian; and
      3. (c) The youth meets the criteria for continued participation as delineated in Regulation .11 of this chapter.

3. C. Relative Caregiver Eligibility.

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

   2. (2) The relative caregiver who is approved as a kinship parent and not a resource home:

      1. (a) Shall meet the requirements of Regulation .05B of this chapter; and
      2. (b) 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.

Authority: 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)