(a) The Mayor may transfer subsidy payments to a relative caregiver upon the death or mental or physical incapacity of a grandparent if:
(1) The relative caregiver files an application for a subsidy within 30 days of becoming the child’s primary caregiver;
(2) The relative caregiver has a strong commitment to caring for the child;
(3) The child’s parent does not reside in the relative caregiver’s home; provided, that a parent may reside in the home without disqualifying the relative caregiver from receiving a subsidy if:
(A) The parent has designated the relative caregiver to be the child’s standby guardian pursuant to Chapter 48 of Title 16;
(B) The parent is a minor enrolled in school; or
(C) The parent is a minor with a medically verifiable disability under criteria prescribed by the Mayor pursuant to § 4-251.06;
(4) The relative caregiver and all adults residing in the relative caregiver’s home have submitted to criminal background checks;
(5) The relative caregiver is a resident of the District as defined by § 4-205.03;
(6) The relative caregiver has applied for Temporary Assistance for Needy Families benefits for the child;
(7) The relative caregiver has entered into a subsidy agreement that includes a provision that no payments received under the agreement shall inure to the benefit of the child’s parent but shall be solely for the benefit of the child;
(8) The relative caregiver is not currently receiving a guardianship or adoption subsidy for the child;
(9) The relative caregiver has provided a signed statement, sworn under penalty of perjury, that the information provided to establish eligibility pursuant to this section or rules issued pursuant to section 106 is true and accurate to the best belief of the relative caregiver; and
(10) The relative caregiver has met any additional requirements of rules issued pursuant to § 4-251.06.
(b)(1) The Mayor shall recertify the eligibility of each relative caregiver receiving a subsidy on at least an annual basis.
(2) For the purposes of the recertification, a relative caregiver may be required to provide a signed statement, sworn under penalty of perjury, that the information provided to establish continued eligibility pursuant to this section or any rules issued pursuant to § 4-251.06 remains true and accurate to the best belief of the relative caregiver.
(c)(1) The Mayor shall terminate subsidy payments to a relative caregiver at any time if:
(A) The Mayor determines the relative caregiver no longer meets the eligibility requirements established by this section or by rules issued pursuant to § 4-251.06; or
(B) There is a substantiated finding of child abuse or neglect against the relative caregiver resulting in the removal of the child from the relative caregiver’s home.
(2) A relative caregiver whose subsidy payments are terminated as a result of the removal of the child from the relative caregiver’s home may reapply if the child has been returned to the relative caregiver’s home.
(d) Eligibility for subsidy payments under this section may continue until the child reaches 18 years of age.
(e) The determination of whether to transfer a subsidy is solely within the discretion of the Mayor.
(f) A relative caregiver whose application for a subsidy transfer has been denied shall not be entitled to a hearing under subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.].
(g) A relative caregiver whose subsidy has been terminated shall be entitled to a fair hearing under the applicable provisions of subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.]; provided, that a relative caregiver shall not be entitled to a hearing if the termination of a subsidy is based upon the unavailability of appropriated funds.
(h) Any statement under this section made with knowledge that the information set forth in the statement is false shall be subject to prosecution as a false statement under § 22-2405(a).
(Mar. 8, 2006, D.C. Law 16-69, § 103a; as added Dec. 15, 2015, D.C. Law 21-40, § 2(b), 62 DCR 13746.)
For temporary (90 days) addition of this section, see § 2(b) of the Grandparent Caregivers Program Subsidy Transfer Emergency Amendment Act of 2014 (D.C. Act 20-508, Dec. 8, 2014, 61 DCR 12717, 20 STAT 4429).
For temporary (90 days) addition of this section, see § 2(b) of the Grandparent Caregivers Program Subsidy Transfer Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-33, Mar. 27, 2015, 62 DCR 4540, 21 DCSTAT 870).
For temporary (90 days) addition of this section, see § 2(b) of the Grandparent Caregivers Program Subsidy Transfer Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-200, Nov. 23, 2015, 62 DCR 15270).
For temporary (225 days) addition of this section, see § 2(b) of the Grandparent Caregivers Program Subsidy Transfer Temporary Amendment Act of 2014 (D.C. Law 20-177, March 7, 2015, 62 DCR 21).