Or. Admin. Code § 413-100-0345 - Guardianship Assistance Eligibility

(1) To be eligible for Title IV-E guardianship assistance, the child and prospective guardian must meet the eligibility requirements as described in OAR 413-070-0917.

(2) The Title IV-E guardianship assistance determination must be completed by a IV-E Specialist on a form approved by the Department.

(3) Title IV-E Guardianship Assistance Eligibility Denial Notices and the Right to a Hearing.

(a) Title IV-E Guardianship Assistance Denial Notices

(A) The Department must complete a "Denial of Title IV-E Guardianship Assistance Eligibility" form at the time of the child's Title IV-E eligibility denial for guardianship assistance.

(B) The Department must send a "Denial of Title IV-E Guardianship Assistance Eligibility" form by certified mail to the prospective relative guardian when the child's eligibility for Title IV-E guardianship assistance is denied.

(b) Rights to a Hearing.

(A) When the "Denial of Title IV-E Guardianship Assistance Eligibility" form is mailed to the prospective relative guardian, the Department will include information about the prospective relative guardian's right to a hearing.

(B) If the prospective relative guardian does not agree with the Title IV-E eligibility decision, the prospective relative guardian has the right to request a contested case hearing, as described in OAR 413-010-0500 to 413-010-0535.

Notes

Or. Admin. Code § 413-100-0345

CWP 19-2009(Temp), f. & cert. ef. 12-16-09 thru 6-14-10; CWP 6-2010, f. & cert. ef. 6-15-10; CWP 13-2011, f. & cert. ef. 6-30-11; CWP 26-2018, temporary amend filed 04/03/2018, effective 04/03/2018 through 09/29/2018; CWP 103-2018, amend filed 09/06/2018, effective 9/6/2018

Statutory/Other Authority: ORS 418.005

Statutes/Other Implemented: ORS 418.005