Current through Register Vol. 46, No. 39, September 25, 2024
(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.
