Page:United States Statutes at Large Volume 122.djvu/3974

 12 2 STA T .395 1 PUBLIC LA W 11 0– 351 —O CT. 7, 200 8‘ ‘ (D)NOEF FE CT O N FE D E RAL RE IMBU R S EMENT .— N othing in subpar agraph ( B )(i v ) sha l lb ec onstrue d as a f fecting the abilit y of the S tate to obtain rei m bursement from the F ederal G overnment for costs described in that subparagraph. ‘‘( 2 ) L IMITATIONS ON AMOUNT OF K INS H I PG UARDIANSHIP ASSISTANCE PA Y MENT.— Ak inship guardianship assistance pay - ment on behalf of a child shall not e x ceed the foster care maintenance payment w hich would have been paid on behalf of the child if the child had remained in a foster family home. ‘‘( 3 ) C HILD ’ S ELIGIBILITY FOR A KINSHIP GUARDIANSHIP ASSISTANCE PAYMENT.— ‘‘(A) I N GENERAL.—A child is eligible for a kinship guardianship assistance payment under this subsection if the State agency determines the following

‘‘(i) T he child has been— ‘‘(I) removed from his or her home pursuant to a voluntary placement agreement or as a result ofa j udicial determination to the effect that continuation in the home would be contrary to the welfare of the child and ‘‘(II) eligible for foster care maintenance pay- ments under section 47 2 while residing for at least 6 consecutive months in the home of the prospec- tive relative guardian. ‘‘(ii) Being returned home or adopted are not appro- priate permanency options for the child. ‘‘(iii) The child demonstrates a strong attachment to the prospective relative guardian and the relative guardian has a strong commitment to caring perma- nently for the child. ‘‘(iv) W ith respect to a child who has attained 1 4 years of age , the child has been consulted regarding the kinship guardianship arrangement. ‘‘(B) TREATMENT OF SIBLINGS.—With respect to a child described in subparagraph (A) whose sibling or siblings are not so described— ‘‘(i) the child and any sibling of the child may be placed in the same kinship guardianship arrange- ment, in accordance with section 471(a)(31), if the State agency and the relative agree on the appropriateness of the arrangement for the siblings; and ‘‘(ii) kinship guardianship assistance payments may be paid on behalf of each sibling so placed.’’. (c) CONFORMING AMENDMENTS.— (1) E LIGIBILITY FOR ADOPTION ASSISTANCE PAYMENTS.—Sec- tion 473(a)(2) of such Act (42 U .S.C. 673(a)(2)) is amended by adding at the end the following: ‘‘(D) In determining the eligibility for adoption assistance payments of a child in a legal guardianship arrangement described in section 471(a)(2 8 ), the placement of the child with the relative guardian involved and any kinship guardianship assistance payments made on behalf of the child shall be consid- ered never to have been made.’’. (2) STATE PLAN RE Q UIREMENT.— (A) IN GENERAL.—Section 471(a)(2 0 ) of such Act (42 U.S.C. 671(a)(20)) is amended—

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