Section 214-RICR-30-00-1.21 - Legal Guardianship and Kinship Guardianship AssistanceA. Legal guardianship provides the caregiver with the legal authority to make decisions on behalf of the child, the ability to care for the child without Department involvement, the opportunity to provide a safe and stable environment for the child without terminating parental and provides a permanency option for children for whom adoption may not be optimal.B. If the prospective legal guardian resides out-of-state, the caregiver is approved through the Interstate Compact of the Placement of Children (ICPC).C. If legal guardianship is in the best interest of a child who does not meet all criteria for the kinship guardianship assistance program, administrative approval to proceed with legal guardianship may be granted for good cause.D. A written agreement between the Department and the caregiver outlines the rights and responsibilities of the caregiver, the terms and the amount of the kinship guardianship assistance and any services for which the child is eligible following the establishment of legal guardianship. There is an annual review of the kinship guardianship assistance.E. A youth who obtains permanency through guardianship on or after their 16th birthday and before their 18th birthday is eligible to continue guardianship or kinship assistance until the young adult's 21st birthday if he or she meets one or more of the following requirements: 1. Is enrolled in an institution that provides post-secondary or vocational education, or completing a secondary education or a program leading to an equivalent credential;2. Is participating in a job training program or an activity designed to promote employment or remove barriers to employment;3. Is employed at least 80 hours per month;4. Has a medical condition that prevents the young adult from doing any of the above. The qualified medical condition must be documented in the guardianship subsidy agreement.5. The guardianship subsidy agreement specifies the requirements listed in D,3, above, and requires the guardian to certify annually to the Department that the young adult meets the above requirements and is living in a supervised living arrangement. If the Department does not receive the annual certification, the subsidy is terminated.F. The Family Court may grant a petition for Legal Guardianship for a child in the Department's custody. Granting of the petition terminates Department involvement with the child and family.214 R.I. Code R. 214-RICR-30-00-1.21
Adopted effective 12/27/2018