8-814. Permanent guardianship subsidy; offsets; annual review; discontinuation; appeals; definition

A. The department shall establish and administer an ongoing program of subsidized permanent guardianship. Subsidies shall be provided from monies appropriated to the department or made available to it from other sources for permanent guardianship purposes.

B. The department may provide a subsidy to an applicant on behalf of a child subject to the requirements of this section.

C. The department shall determine the appropriate amount of the subsidy, which shall not exceed the maintenance payment allowable for an adoption subsidy pursuant to chapter 1, article 2 of this title. The amount of the subsidy shall be offset by benefits received from other state or federal programs to which the child is entitled.

D. The department shall conduct an annual review of a subsidy to determine that the permanent guardian continues to be eligible for the subsidy and that the subsidy is for the appropriate amount.

E. A permanent guardian who is receiving a subsidy shall:

1. Cooperate with the department in the annual review process.

2. Notify the department in writing of any change:

(a) That would lead to discontinuance of the subsidy pursuant to subsection F of this section.

(b) In benefits being received from other state or federal programs to which the child is entitled within two weeks of the change.

(c) In address within two weeks of the change.

F. The department shall discontinue a subsidy if any of the following occurs:

1. The permanent guardianship terminates.

2. The child dies or does not reside with the permanent guardian.

3. The child reaches eighteen years of age, except that the department may continue the subsidy until the child's twenty-second birthday if the child is enrolled in and regularly attending school and has not received a high school diploma or certificate of equivalency.

4. The applicant fails to comply with any requirement in this section.

G. Any decision denying, reducing or terminating a permanent guardianship subsidy is appealable pursuant to title 41, chapter 6 and chapter 14, article 3.

H. Notwithstanding section 41-3102, this program does not include a specific expiration date.

I. For the purposes of this section, " applicant" means a person who is appointed as a permanent guardian pursuant to section 8-872 or as a provisional or successor permanent guardian pursuant to section 8-874 and who applies for a subsidy pursuant to this section.