(a) A child is eligible for kinship guardianship assistance payments under this Part if the social services official determines the following:

1. (1) the child has been in foster care for at least six consecutive months in the home of the prospective relative guardian, as defined in section 436.1 of this Part; and
2. (2) the child being returned home or adopted are not appropriate permanency options for the child; and
3. (3) the child demonstrates a strong attachment to the prospective relative guardian and the prospective relative guardian has a strong commitment to caring permanently for the child; and

4. (4) that age appropriate consultation has been held with the child, provided, however, with respect to a child who has attained 14 years of age, that the child has been consulted regarding the kinship guardianship arrangement, and with respect to a child who has attained 18 years of age, that the child has consented to the kinship guardianship arrangement; and

   1. (i) if the child has been placed into foster care pursuant to article 10 or 10-C of the Family Court Act, that both the fact finding hearing pursuant to section 1051 or 1095 of the Family Court Act and the first permanency hearing pursuant to section 1089(a)(2) of the Family Court Act have been completed; or
   2. (ii) for all other children in foster care, that the first permanency hearing has been completed.

   (5)

(b) The financial status of the prospective relative guardian or the prospective successor guardian may not be considered in determining eligibility for kinship guardianship assistance payments.

1. (1) Notwithstanding any other provision of law to the contrary, a prospective relative guardian and any person over the age of 18 living in the home of the prospective relative guardian who has not already been subject to a national and State criminal history record check pursuant to section 378-a of the Social Services Law, as part of the process of the prospective relative guardian becoming a certified or approved foster parent, must complete such a record check in accordance with the procedures and standards set forth in section 378-a of the Social Services Law prior to the social services official acting upon the application for kinship guardianship assistance.
2. (2) The social services official must inquire of the office whether each prospective relative guardian and each person over the age of 18 living in the home of the prospective relative guardian has been or is currently the subject of an indicated report of child abuse or maltreatment on file with the Statewide Central Register of Child Abuse and Maltreatment and, if the prospective relative guardian or any other person over the age of 18 residing in the home of the prospective relative guardian resided in another state in the five years preceding the application, request child abuse and maltreatment information maintained by the child abuse and maltreatment registry from the applicable child welfare agency in each such state of previous residence, if such an inquiry and request has not been previously made as part of the process of the prospective relative guardian becoming a certified or approved foster parent.

3. (3) Notwithstanding any other provision of law to the contrary, prior to a social services official approving a prospective successor guardian to receive payments pursuant to this Part, the social services official must:

   1. (i) complete a national and state criminal history record check of the prospective successor guardian and any person over the age of 18 living in the home of the prospective successor guardian pursuant to section 378-a(2) of the Social Services Law in accordance with the procedures and standards set forth in such statute;
   2. (ii) inquire of the office in accordance with section 424-a of the Social Services Law whether each prospective successor guardian and each person over the age of 18 living in the home of the prospective successor guardian has been or is currently the subject of an indicated report of child abuse or maltreatment on file with the Statewide Central Register of Child Abuse and Maltreatment; and
   3. (iii) if the prospective successor guardian or any other person over the age of 18 residing in the home of the prospective successor guardian resided in another state in the five years preceding the inquiry, request child abuse and maltreatment information maintained by the child abuse and maltreatment registry from the applicable child welfare agency in each such state of previous residence.
4. (4) The prospective successor guardian must inform the social services official that has entered into an agreement with the relative guardian for payments under this Part in writing of the death or incapacity of the relative guardian and of the prospective successor guardian’s desire to enforce the provisions in the agreement that authorize kinship guardianship assistance payments to him or her in the event of the death or incapacity of the relative guardian.
5. (5) The clearances required by paragraph (3) of this subdivision must be conducted following receipt by the social services official of the written communication required by paragraph (4) of this subdivision.

(c)