§ 458-b. Kinship guardianship assistance payments. 1. A child is
eligible for kinship guardianship assistance payments under this title
if the social services official determines the following:

(a) The child has been in foster care for at least six consecutive
months in the home of the prospective relative guardian; and

(b) The child being returned home or adopted are not appropriate
permanency options for the child; and

(c) 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

(d) That age appropriate consultation has been held with the child,
provided however with respect to a child who has attained fourteen years
of age, that the child has been consulted regarding the kinship
guardianship arrangement, and with respect to a child who has attained
eighteen years of age, that the child has consented to the kinship
guardianship arrangement.

(e) (i) If the child has been placed into foster care pursuant to
article ten or ten-C of the family court act, that both the fact finding
hearing pursuant to section one thousand fifty-one of the family court
act or section one thousand ninety-five of the family court act,
respectively, and the first permanency hearing pursuant to paragraph two
of subdivision (a) of section one thousand eighty-nine of the family
court act have been completed; or

(ii) for all the other children, that the first permanency hearing has
been completed.

(f) The financial status of the prospective relative guardian shall
not be considered in determining eligibility for kinship guardianship
assistance payments.

1-a. A child shall remain eligible for kinship guardianship assistance
payments under this title when a successor guardian as defined in
subdivision six of section four hundred fifty-eight-a of this title
assumes care and guardianship of the child.

2. (a) A prospective relative guardian who has been caring for an
eligible foster child for at least six consecutive months and who
intends to seek guardianship or permanent guardianship of the child may
apply to the social services official who has custody, care and custody,
or guardianship and custody of the child to receive kinship guardianship
assistance payments, non-recurring guardianship payments, and other
applicable services and payments available under this title on behalf of
the child.

(b) Applications shall only be accepted prior to issuance of letters
of guardianship of the child to the relative guardian pursuant to the
provisions of the family court act or the surrogate's court procedure
act.

(c) Notwithstanding any other provision of law to the contrary, a
prospective relative guardian and any person over the age of eighteen
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 three hundred seventy-eight-a of this article
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 such section
prior to the social services official acting upon the application. The
social services official must inquire of the office of children and
family services whether each prospective relative guardian and each
person over the age of eighteen 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 eighteen 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 a request has not been made as
part of the process of the prospective relative guardian becoming a
certified or approved foster parent.

(d) (i) Notwithstanding any other provision of law to the contrary,
prior to the social services official approving a prospective successor
guardian to receive payments pursuant to this title in accordance with
subparagraph (ii) of paragraph (b) of subdivision five of this section:
(1) the social services official must complete a national and state
criminal history record check pursuant to subdivision two of section
three hundred seventy-eight-a of this article for the prospective
successor guardian and any person over the age of eighteen living in the
home of the prospective successor guardian, in accordance with the
procedures and standards set forth in such subdivision; and (2) the
social services official must inquire of the office of children and
family services, in accordance with section four hundred twenty-four-a
of this article, whether each prospective successor guardian and each
person over the age of eighteen 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, if the prospective
successor guardian or any other person over the age of eighteen 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.

(ii) It shall be the duty of the prospective successor guardian to
inform the social services official that has entered into an agreement
with the relative guardian for payments under this title 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 payment to him or her in the event of the death or
incapacity of the relative guardian.

(iii) The clearances requires by subparagraph (i) of this paragraph
shall be conducted following receipt by the social services official of
the written communication required by subparagraph (ii) of this
paragraph.

3. If the social services official determines that the child is
eligible for kinship guardianship assistance payments and it is in the
best interests of the child for the relative to become the legal
guardian of the child, the social services official shall enter into an
agreement with the prospective relative guardian authorizing the
provision of kinship guardianship assistance payments, non-recurring
guardianship payments, and other services and payments available under
this title subject to the issuance by the court of letters of
guardianship of the child to the prospective relative guardian and the
child being finally discharged from foster care to such relative. In
determining whether it is in the best interests of the child for the
relative 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 options. A copy of the fully
executed agreement must be provided by the social services official to
the prospective relative guardian.

4. (a) Payments and eligibility for services under this title shall be
made pursuant to a written agreement between the social services
official and the prospective relative guardian.

(b) The written agreement shall specify, at a minimum: the amount of,
and manner in which, each kinship guardianship assistance payment will
be provided under the agreement; the manner in which the payments may be
adjusted periodically, in consultation with the relative guardian, based
on the circumstances of the relative guardian and the needs of the
child; the additional services and assistance that the child and the
relative guardian will be eligible for under the agreement, which shall
be limited to the additional services and assistance set forth in this
title; the procedures by which the relative guardian may apply for
additional services, as needed; that the social services official will
pay the total cost of nonrecurring expenses associated with obtaining
legal guardianship of the child, to the extent the total cost does not
exceed two thousand dollars in accordance with section four hundred
fifty-eight-c of this title; and, that the agreement will remain in
effect regardless of the state of residence of the relative guardian at
any time.

(c) The agreement must be fully executed prior to the issuance of
letters of guardianship of the child to the relative guardian in order
for the child to be eligible for payments and services under this title.

(d) Payments pursuant to this section may be made by direct deposit or
debit card, as elected by the recipient, and administered
electronically, and in accordance with section twenty-one-a of this
chapter and with such guidelines as may be set forth by regulation of
the office of children and family services. The office of children and
family services may enter into contracts on behalf of local social
services districts for such direct deposit or debit card services in
accordance with section twenty-one-a of this chapter.

(e) The original kinship guardianship assistance agreement executed in
accordance with this section and any amendments thereto may name an
appropriate person to act as a successor guardian for the purpose of
providing care and guardianship for a child in the event of death or
incapacity of the relative guardian. Nothing herein shall be deemed to
require the relative guardian to name a prospective successor guardian
as a condition for the approval of a kinship guardianship assistance
agreement.

(f) A fully executed agreement between a relative guardian and a
social services official may be amended to add or modify terms and
conditions mutually agreeable to the relative guardian and the social
services official, including the naming of an appropriate person to
provide care and guardianship for a child in the event of death or
incapacity of the relative guardian.

(g) The social services official shall inform the relative guardian of
the right to name an appropriate person to act as a successor guardian
in the original kinship guardianship assistance agreement or through an
amendment to such agreement.

(h) A fully executed agreement between a relative guardian or a
successor guardian and a social services official may be terminated if:

(i) in accordance with paragraph (b) of subdivision seven of this
section, a social services official has determined that a relative
guardian or a successor guardian is no longer legally responsible for
the support of the child; or

(ii) following the death or permanent incapacity of a relative
guardian, all prospective successor guardians named in such agreement
were not approved by the social services district pursuant to
subparagraph (ii) of paragraph (b) of subdivision five of this section.

5. (a) Once the prospective relative guardian with whom a social
services official has entered into an agreement under subdivision four
of this section has been issued letters of guardianship for the child
and the child has been finally discharged from foster care to such
relative, a social services official shall make monthly kinship
guardianship assistance payments for the care and maintenance of the
child.

(b) (i) In the event of death or incapacity of a relative guardian, a
social services district shall make monthly kinship guardianship
assistance payments for the care and maintenance of a child to a
successor guardian that has been approved pursuant to subparagraph (ii)
of this paragraph.

(ii) Following the death or incapacity of the relative guardian, a
social services official shall approve a prospective successor guardian
that is named in the agreement between the relative guardian and a
social services official for payments under this title and that has been
awarded guardianship or permanent guardianship of the child by the court
unless, based on the results of the clearances required by paragraph (d)
of subdivision two of this section, the social services official has
determined that approval of the prospective successor guardian is not
authorized or appropriate. Provided however, that no approval can be
issued pursuant to this paragraph unless the prospective successor
guardian has been awarded guardianship or permanent guardianship of the
child by the court and the clearances required by paragraph (d) of
subdivision two of this section have been conducted.

(iii) Notwithstanding any other provision of law to the contrary, if a
prospective successor guardian assumes care of the child prior to being
approved pursuant to subparagraph (ii) of this paragraph, payments under
this title shall be made once a prospective guardian is approved
pursuant to such subparagraph retroactively from: (1) in the event of
death of the relative guardian, the date the successor guardian assumed
care of the child or the date of death of the relative guardian,
whichever is later; or (2) in the event of incapacity of the relative
guardian, the date the successor guardian assumed care of the child or
the date of incapacity of the relative guardian, whichever is later.

(c) In the event that a successor guardian assumed care and was
awarded guardianship or permanent guardianship of a child due to the
incapacity of a relative guardian and the relative guardian is
subsequently awarded or resumes guardianship or permanent guardianship
of such child and assumes care of such child after the incapacity ends,
a social services official shall make monthly kinship guardianship
assistance payments for the care and maintenance of the child to the
relative guardian, in accordance with the terms of the fully executed
written agreement.

6. The amount of the monthly kinship guardianship assistance payment
made pursuant to this section shall be determined pursuant to
regulations of the office. The amount of the monthly payment shall not
be less than seventy-five per centum of the applicable board rate nor
more than one hundred per centum of such rate as determined by the
social services district in accordance with the regulations of the
office; provided, however, that the rate chosen by the social services
district shall be equal to the rate used by the district for adoption
subsidy payments under section four hundred fifty-three of this article.
The social services official shall consider the financial status of the
prospective relative guardian or relative guardian only for the purpose
of determining the amount of the payments to be made.

7. (a) Kinship guardianship assistance payments shall be made to the
relative guardian or guardians until the child's eighteenth birthday or
until the child attains twenty-one years of age provided the child
consented upon attaining the age of eighteen and is: (i) completing
secondary education or a program leading to an equivalent credential;
(ii) enrolled in an institution which provides post-secondary or
vocational education; (iii) employed for at least eighty hours per
month; (iv) participating in a program or activity designed to promote,
or remove barriers to, employment; or (v) incapable of any of such
activities due to a medical condition, which incapability is supported
by regularly updated information in the case plan of the child.

(b) (i) Notwithstanding paragraph (a) of this subdivision, and except
as provided for in paragraph (b) of subdivision five of this section, no
kinship guardianship assistance payments may be made pursuant to this
title if the social services official determines that the relative
guardian is no longer legally responsible for the support of the child,
including if the status of the legal guardian is terminated or the child
is no longer receiving any support from such guardian. In accordance
with the regulations of the office, a relative guardian who has been
receiving kinship guardianship assistance payments on behalf of a child
under this title must keep the social services official informed, on an
annual basis, of any circumstances that would make the relative guardian
ineligible for such payments or eligible for payments in a different
amount.

(ii) Notwithstanding paragraph (a) of this subdivision, and except as
provided for in paragraph (c) of subdivision five of this section, no
kinship guardianship assistance payments may be made pursuant to this
title to a successor guardian if the social services official determines
that the successor guardian is no longer legally responsible for the
support of the child, including if the status of the successor guardian
is terminated or the child is no longer receiving any support from such
guardian. A successor guardian who has been receiving kinship
guardianship assistance payments on behalf of a child under this title
must keep the social services official informed, on an annual basis, of
any circumstances that would make the successor guardian ineligible for
such payments or eligible for payments in a different amount.

8. The placement of the child with the relative guardian or successor
guardian and any kinship guardianship assistance payments made on behalf
of the child under this section shall be considered never to have been
made when determining the eligibility for adoption subsidy payments
under title nine of this article of a child in such legal guardianship
arrangement.