(a) A written
permanency assistance agreement between the department and the caregiver(s)
shall be in effect for any child for whom federal Title IV-E kinship
guardianship assistance or state funded permanency assistance is provided. The
agreement shall:
(1) Specify the duration of
the agreement, the amount of, and the manner in which, each permanency
assistance payment shall be provided under the agreement, the manner in which
the payment may be adjusted periodically, in consultation with the legal
guardian, and the child's eligibility for Title XIX medical benefits;
(2) Specify the additional services and
assistance that the child and legal guardian will be eligible for under the
agreement;
(3) Describe the
procedure by which the legal guardian may apply for additional services as
needed;
(4) Specify that the State
will pay the total cost of nonrecurring expenses associated with obtaining
legal guardianship of the child, to the extent the total cost does not exceed
$2,000;
(5) Specify that the
agreement shall remain in effect without regard to the state of residency of
the legal guardian;
(6) Be signed
by the prospective caregiver(s) and the department prior to the award of legal
guardianship or permanent custody to the caregiver(s);
(7) A copy of each signed agreement shall be
given to each party.
(8) The
permanency assistance agreement must be in place with a prospective relative
guardian prior to the establishment of the legal guardianship.
(b) Permanency assistance payments
shall not exceed the foster care maintenance payment which would have been paid
on behalf of the child if the child had remained in a foster family
home.
(c) The legal guardianship
shall be a judicially created relationship between the child and relative which
is intended to be permanent and self-sustaining as evidenced by the transfer to
the legal guardian of the following parental rights with respect to the child:
(1) Protection;
(2) Education;
(3) Care and control of the person;
(4) Custody of the person; and
(5) Decision making
