Page:United States Statutes at Large Volume 122.djvu/3973

 12 2 STA T .3950PUBLIC LA W 110 – 351 —O CT. 7, 200 8TI T LEV I — E F FE C TIVE DA TE Sec.601 . E f fec tiv e da te. TI T LE I —CON NECTIN GA N DSUP PO R TING RELATI V E CAREGIVERS SEC.10 1. KIN S H I PGUARD IANSHIP ASSIS T ANCE PA YM ENTS FO R CHI L- DREN. (a)STA T EPL A NOP T IO N .— S ection471 (a) o f t h e Socia l Sec ur it yA ct (4 2U .S. C . 6 71(a)) i s a m en d ed— (1) b y stri k in g‘ ‘and ’ ’ attheendof p aragraph (26) (2) by striking the period at the end of paragraph (27) and inserting ‘‘; and’’; and ( 3 ) by adding at the end the follo w ing

‘‘(2 8 ) at the option of the State , pro v ides for the State to enter into kinship guardianship assistance agreements to provide kinship guardianship assistance payments on behalf of children to grandparents and other relatives who have assumed legal guardianship of the children for whom they have cared as foster parents and for whom they have committed to care on a permanent basis, as provided in section 473(d).’’. (b) I N G ENE R AL.—Section 473 of such Act (42 U.S.C. 673) is amended by adding at the end the following: ‘‘(d) K IN SH IPG U AR D IANSHIP ASSISTAN C EPA YM ENTS F OR CHIL - DREN.— ‘‘(1) KINSHIP G UARDIANSHIP ASSISTANCE AGREEMENT.— ‘‘(A) IN GENERAL.—In order to receive payments under section 474(a)( 5 ), a State shall— ‘‘(i) negotiate and enter into a written, binding kinship guardianship assistance agreement with the prospective relative guardian of a child who meets the re q uirements of this paragraph; and ‘‘(ii) provide the prospective relative guardian with a copy of the agreement. ‘‘( B ) M INIMUM RE Q UIREMENTS.— T he agreement shall specify, at a minimum— ‘‘(i) the amount of, and manner in which, each kinship guardianship assistance payment will be pro- vided under the agreement, and the manner in which the payment may be ad j usted periodically, in consulta- tion with the relative guardian, based on the cir- cumstances of the relative guardian and the needs of the child; ‘‘(ii) the additional services and assistance that the child and relative guardian will be eligible for under the agreement; ‘‘(iii) the procedure by which the relative guardian may apply for additional services as needed; and ‘‘(iv) subject to subparagraph ( D ), that the State will pay the total cost of nonrecurring e x penses associ- ated with obtaining legal guardianship of the child, to the extent the total cost does not exceed $ 2, 0 00. ‘‘(C) INTERSTATE APPLICA B ILITY.—The agreement shall provide that the agreement shall remain in effect without regard to the State residency of the relative guardian.

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