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8.5B.2. Guardianship Assistance Program, Eligibility, Guardian requirements
Answer
Before a relative guardian may receive title IV-E kinship guardianship assistance payments on behalf of a child, the title IV-E agency must conduct fingerprint-based criminal records checks of the national crime information databases (NCID) of the relative guardian(s) and child abuse and neglect registry checks of relative guardian(s) and other adults living in the guardian's home consistent with section 471(a)(20)(C) of the Social Security Act (the Act).
Consistent with existing policy, if the title IV-E agency has established an appropriate timeframe that the NCID and child abuse and neglect registry background checks remain valid and such timeframe has not expired for the foster parent who previously received the background checks and is now seeking to become a relative guardian, the agency can consider the requirement of section 471(a)(20) of the Act met without conducting new background checks (Child Welfare Policy Manual 8.4F Q/A #13).
Source/Date
8/12/2009
Legal and Related References
Social Security Act § section 471(a)(20); Child Welfare Policy Manual section 8.4F Q/A #13
Answer
Yes. The criminal background check requirements in section 471(a)(20)(C) of the Act apply to the successor legal guardian. Before the successor legal guardian may receive a title IV-E payment, the title IV-E agency must: 1) conduct fingerprint-based criminal records checks of the national crime information databases (NCID) of the guardian(s) and 2) child abuse and neglect registry checks of guardian(s) and other adults living in the guardian's home consistent with section 471(a)(20)(C) of the Social Security Act (the Act). See CWPM 8.5B.2 Q/A #1 for more information.
Source/Date
2/18/2015
Legal and Related References
Social Security Act ? sections 471(a)(20)(C), 473(d)(3)(C)
Answer
No. The statute at 473(d)(3)(C) of the Act provides that the child's eligibility "...shall not be affected by reason of replacement of the relative guardian with a successor legal guardian named" in the agreement.
Source/Date
2/18/2015
Legal and Related References
Social Security Act – section 473(d)(3)(C)