Current through Register Vol. 47, No. 12, March 26, 2025
(a)
(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) the child being returned home or adopted
are not appropriate permanency options for the child; and
(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) 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
(5)
(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
(ii) for all other
children in foster care, that the first permanency hearing has been
completed.
(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.
(c)
(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) 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) 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:
(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;
(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
(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)
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) 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.
(d) If the
social services official determines that the child is eligible for kinship
guardianship assistance payments and that it is in the best interests of the
child for the relative to become the legal guardian of the child, the social
services official must enter into an agreement with the prospective relative
guardian authorizing the provision of kinship guardianship assistance payments,
non-recurring guardianship expense payments, and other services and payments
available under this Part subject to the issuance by the court of letters of
guardianship of the child to the prospective relative guardian or guardians and
the child being finally discharged from foster care to such relative or
relatives. In determining whether it is in the best interests of the child for
the prospective relative guardian to become the relative guardian of the child,
the social services official must determine and document that compelling
reasons exist for determining that the return home of the child and the
adoption of the child are not in the best interests of the child and are,
therefore, not appropriate permanency goals. The determination of best
interests made pursuant to this subdivision must be documented in accordance
with section
428.5(c)(12) of
this Title. A copy of the fully executed agreement must be provided by the
social services official to the prospective relative guardian.
(e) The social services district must comply
with the case plan documentation requirements set forth in section
428.5(c)(12) of
this Title in regard to the administration of the kinship guardianship
assistance and non-recurring guardianship expenses programs.
(f) A child remains eligible for kinship
guardianship assistance payments under this Part when a successor guardian, as
defined in section
436.1(i) of this
Part assumes care and guardianship of the child.
