Haw. Code R. § 17-1621-10 - Permanency assistance agreement and payments

(a) A written permanency assistance agreement between the department and the caregiver(s) shall be in effect for any child for whom federal Title IV-E kinship guardianship assistance or state funded permanency assistance is provided. The agreement shall:

(1) Specify the duration of the agreement, the amount of, and the manner in which, each permanency assistance payment shall be provided under the agreement, the manner in which the payment may be adjusted periodically, in consultation with the legal guardian, and the child's eligibility for Title XIX medical benefits;

(2) Specify the additional services and assistance that the child and legal guardian will be eligible for under the agreement;

(3) Describe the procedure by which the legal guardian may apply for additional services as needed;

(4) Specify that the State 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 $2,000;

(5) Specify that the agreement shall remain in effect without regard to the state of residency of the legal guardian;

(6) Be signed by the prospective caregiver(s) and the department prior to the award of legal guardianship or permanent custody to the caregiver(s);

(7) A copy of each signed agreement shall be given to each party.

(8) The permanency assistance agreement must be in place with a prospective relative guardian prior to the establishment of the legal guardianship.

(b) Permanency assistance payments shall not exceed the foster care maintenance payment which would have been paid on behalf of the child if the child had remained in a foster family home.

(c) The legal guardianship shall be a judicially created relationship between the child and relative which is intended to be permanent and self-sustaining as evidenced by the transfer to the legal guardian of the following parental rights with respect to the child:

(1) Protection;

(2) Education;

(3) Care and control of the person;

(4) Custody of the person; and

(5) Decision making

Notes

Haw. Code R. § 17-1621-10

[Eff DEC 09 2010] (Auth: HRS § 346-14) (Imp: HRS § 346-14; ACYF-CB-PI-08-007)