For the purposes of this chapter, the term:
(1) "Criminal background check" means the investigation of an individual's criminal history through the record systems of the Federal Bureau of Investigation and the Metropolitan Police Department.
(2) "Grandparent" means a grandparent, great-grandparent, great-aunt, and great-uncle of a child.
(3) "Mayor" means the Mayor or a designee of the Mayor.
(4) "Temporary Assistance for Needy Families" or "TANF" means the Temporary Assistance for Needy Families program established by § 4-202.01.
(Mar. 8, 2006, D.C. Law 16-69, § 101, 53 DCR 54.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90 day) addition, see § 101 of Grandparent Caregivers Pilot Program Establishment Emergency Act of 2006 (D.C. Act 16-278, February 22, 2006, 53 DCR 1459).
Legislative History of Laws
Law 16-69, the "Grandparent Caregivers Pilot Program Establishment Act of 2005", was introduced in Council and assigned Bill No. 16-180 which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 1, 2005, and December 6, 2005, respectively. Signed by the Mayor on December 22, 2005, it was assigned Act No. 16-231 and transmitted to both Houses of Congress for its review. D.C. Law 16-69 became effective on March 8, 2006.
(a) No later than March 1, 2006, the Mayor shall establish a program through which eligible grandparents may receive subsidy payments for the care and custody of a child residing in their home.
(b) Repealed.
(Mar. 8, 2006, D.C. Law 16-69, § 102, 53 DCR 54; Mar. 3, 2010, D.C. Law 18-111, § 5002, 57 DCR 181.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 18-111, in subsec. (a), deleted "pilot" preceding "program"; and repealed subsec. (b), which had read as follows:
"(b) The pilot program shall continue through September 30, 2009."
Emergency Act Amendments
For temporary (90 day) addition, see § 102 of Grandparent Caregivers Pilot Program Establishment Emergency Act of 2006 (D.C. Act 16-278, February 22, 2006, 53 DCR 1459).
For temporary (90 day) amendment of section, see § 5002 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).
For temporary (90 day) amendment of section, see § 5002 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).
Legislative History of Laws
For Law 16-69, see notes following § 4-251.01.
For Law 18-111, see notes following § 4-205.19b.
Delegation of Authority
Delegation of Authority Pursuant to D.C. Act 16-278, the Grandparent Caregivers Pilot Establishment Emergency Act of 2006, and any substantially identical successor legislation, see Mayor's Order 2006-38, March 20, 2006 (53 DCR 5078).
Miscellaneous Notes
Short title: Section 5001 of D.C. Law 18-111 provided that subtitle A of title V of the act may be cited as the "Grandparent Caregivers Extension Program Amendment Act of 2009".
(a) A grandparent may be eligible to receive subsidy payments under this section if:
(1) The grandparent has been the child's primary caregiver for at least the previous 6 months.
(2) The child has resided in the grandparent's home for at least the previous 6 months;
(3) The child's parent has not resided in the grandparent's home for at least the previous 6 months; provided, that a parent may reside in the home without disqualifying the grandparent from receiving a subsidy if:
(A) The parent has designated the grandparent 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 that shall be prescribed by the Mayor pursuant to § 4-251.06.
(4) The grandparent, and all adults residing in the grandparent's home, has submitted to a criminal background check;
(5) The grandparent's household income is under 200 percent of the federally-defined poverty level;
(6) The grandparent is a resident of the District as defined by § 4-205.03;
(7) The grandparent has applied for Temporary Assistance for Needy Families benefits for the child;
(8) The grandparent 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;
(8A) The grandparent is not currently receiving a guardianship or adoption subsidy for the child;
(9) The grandparent has provided a signed statement, sworn under penalty of perjury, that the information provided to establish eligibility pursuant to this section, or any rules promulgated pursuant to § 4-251.06, is true and accurate to the best belief of the grandparent applicant; and
(10) The grandparent has met any additional requirements prescribed by the Mayor pursuant to rules issued under § 4-251.06.
(b)(1) The Mayor shall recertify the eligibility of each grandparent receiving a subsidy on at least an annual basis.
(2) For the purposes of the recertification, a grandparent 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 promulgated pursuant to § 4-251.06, remains true and accurate to the best belief of the grandparent.
(c)(1) The Mayor shall terminate subsidy payments to a grandparent at any time if:
(A) The Mayor determines the grandparent no longer meets the eligibility requirements established by this section, or by rules issued under § 4- 251.06; or
(B) There is a substantiated finding of child abuse or neglect against the grandparent caregiver resulting in the removal of the child from the grandparent's home.
(2) A grandparent whose subsidy payments are terminated as a result of the removal of the child from the grandparent's home may reapply if the child has been returned to the grandparent's home.
(d) Eligibility for subsidy payments under this section may continue until the child reaches 18 years of age.
(e) An applicant whose application for a subsidy has been denied or whose subsidy has been terminated shall be entitled to a hearing under the applicable provisions of Chapter 5 of Title 2; provided that a grandparent shall not be entitled to a hearing if the denial or termination of a subsidy is based upon the unavailability of appropriated funds.
(f) Any statement under this section made with knowledge that the information set forth therein is false shall be subject to prosecution as a false statement under § 22-2405(a).
(Mar. 8, 2006, D.C. Law 16-69, § 103, 53 DCR 54; Sept. 20, 2007, D.C. Law 17-21, § 3(a), 54 DCR 6835.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 17-21, in subsec. (a), rewrote pars. (1) and (3) and added par. (8A); and added subsec. (f). Prior to amendment, pars. (1) and (3) of subsec. (a) read as follows:
"(1) The grandparent has an order granting him or her legal custody or standby guardianship pursuant to § 16-4806 of the child;"
"(3) The child's parent has not resided in the grandparent's home for at least the previous 6 months; provided, that a parent who has designated the grandparent to be the child's standby guardian pursuant to Chapter 48 of Title 16 may reside in the home without disqualifying the grandparent from receiving a subsidy;".
Emergency Act Amendments
For temporary (90 day) addition, see § 103 of Grandparent Caregivers Pilot Program Establishment Emergency Act of 2006 (D.C. Act 16-278, February 22, 2006, 53 DCR 1459).
For temporary (90 day) amendment of section, see § 3(a) of Safe and Stable Homes for Children and Youth Emergency Amendment Act of 2007 (D.C. Act 17-69, July 9, 2007, 54 DCR 6826).
Legislative History of Laws
For Law 16-69, see notes following § 4-251.01.
Law 17-21, the "Safe and Stable Homes for Children and Youth Amendment Act of 2007", was introduced in Council and assigned Bill No. 17-41 which was referred to the Committees of Human Services and Public Safety and Judiciary. The Bill was adopted on first and second readings on June 5, 2007, and June 21, 2007, respectively. Signed by the Mayor on July 9, 2007, it was assigned Act No. 17- 70 and transmitted to both Houses of Congress for its review. D.C. Law 17-21 became effective on September 20, 2007.
(a) All subsidies established under this chapter shall be subject to the availability of appropriations. Nothing in this chapter shall be construed as creating an entitlement to a subsidy for any person.
(b) Pursuant to § 4-251.06, the Mayor shall establish by rule the amount of a subsidy a grandparent is eligible to receive under this chapter; provided, that the subsidy shall be at least 66%, but no more than 105%, of the regular daily rate of the subsidy for a long-term permanent Level 1 guardianship established under section 29-6103.3 of the District of Columbia Municipal Regulations.
(c) The amount of a subsidy a grandparent is eligible to receive under this chapter shall be offset by any amount a grandparent receives as TANF or Supplemental Security Income for the child.
(Mar. 8, 2006, D.C. Law 16-69, § 104, 53 DCR 54; Sept. 20, 2007, D.C. Law 17-21, § 3(b), 54 DCR 6835; Apr. 8, 2011, D.C. Law 18-370, § 502, 58 DCR 1008.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 17-21, in subsec. (b), substituted "within 5% (no less than 95% and no more than 105%) of the regular daily rate of the subsidy for a long-term permanent Level 1 guardianship" for "no less than the regular daily rate of the subsidy for a long-term permanent guardianship"; and, in subsec. (c), substituted "receives as TANF or Supplemental Security Income" for "receives from TANF".
D.C. Law 18-370, in subsec. (b), substituted "that the subsidy shall be at least 66%, but no more than 105%" for "that the subsidy shall be within 5% (no less than 95% and no more than 105%)".
Emergency Act Amendments
For temporary (90 day) addition, see § 104 of Grandparent Caregivers Pilot Program Establishment Emergency Act of 2006 (D.C. Act 16-278, February 22, 2006, 53 DCR 1459).
For temporary (90 day) amendment of section, see § 3(b) of Safe and Stable Homes for Children and Youth Emergency Amendment Act of 2007 (D.C. Act 17-69, July 9, 2007, 54 DCR 6826).
For temporary (90 day) amendment of section, see § 502 of Fiscal Year 2011 Supplemental Budget Support Emergency Act of 2010 (D.C. Act 18-694, January 19, 2011, 58 DCR 662).
Legislative History of Laws
For Law 16-69, see notes following § 4-251.01.
For Law 17-21, see notes following § 4-251.03.
For history of Law 18-370, see notes under § 4-202.05.
Miscellaneous Notes
Short title: Section 501 of D.C. Law 18-370 provided that subtitle A of title V of the act may be cited as "Grandparent Caregivers Program and Long-Term Permanent Guardianship Subsidies Amendment Act of 2010".
Section 503 of D.C. Law 18-370 provides:
"Sec. 503. Applicability.
"This subtitle shall apply as of January 1, 2011."
No later than January 1 of each year, beginning in 2007, the Mayor shall issue a report to the Council on the subsidy program established by this chapter. At a minimum, the report shall include:
(1) The number of applications filed for the subsidy;
(2) The number of subsidies awarded;
(3) The number of families receiving both the subsidy and TANF;
(4) The number of applications denied for failure to meet eligibility criteria;
(5) The number of applications denied for lack of appropriated funding;
(6) An estimate of the number of grandparent caregivers whose income is less than 200 percent of the federally-defined poverty level but who have not applied for the subsidy;
(7) The number of subsidies terminated by the Mayor pursuant to § 4- 251.03(c) or voluntarily by the grandparent caregiver;
(8) The number of substantiated cases of fraud and a comparison of this figure to the proportion of cases of fraud involving other benefit programs, including TANF, Food Stamps, and Medicaid;
(9) The number of children removed from households receiving a subsidy under the program established by this chapter due to a substantiated allegation of child abuse or neglect; and
(10) Any legislative, policy, or administrative recommendations of the Family Court of the Superior Court of the District of Columbia or of agencies designated by the Mayor to execute the provisions of this chapter that are intended to enhance the effectiveness of the program.
(Mar. 8, 2006, D.C. Law 16-69, § 105, 53 DCR 54.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90 day) addition, see § 105 of Grandparent Caregivers Pilot Program Establishment Emergency Act of 2006 (D.C. Act 16-278, February 22, 2006, 53 DCR 1459).
Legislative History of Laws
For Law 16-69, see notes following § 4-251.01.
The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this chapter. The proposed rules shall be submitted to the Council for a 30-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 30-day review period, the proposed rules shall be deemed approved.
(Mar. 8, 2006, D.C. Law 16-69, § 106, 53 DCR 54.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90 day) addition, see § 106 of Grandparent Caregivers Pilot Program Establishment Emergency Act of 2006 (D.C. Act 16-278, February 22, 2006, 53 DCR 1459).
Legislative History of Laws
For Law 16-69, see notes following § 4-251.01.
Delegation of Authority
Delegation of Authority Pursuant to D.C. Act 16-278, the Grandparent Caregivers Pilot Establishment Emergency Act of 2006, and any substantially identical successor legislation, see Mayor's Order 2006-38, March 20, 2006 (53 DCR 5078).
Resolutions
Resolution 16-795, the "Grandparent Caregivers Pilot Program Subsidy Rules Approval Resolution of 2006", was approved effective September 21, 2006.
(a) Nothing in this chapter shall be construed as relieving the parent of a child from any child support order regarding the child for whom a grandparent is receiving a subsidy under this chapter.
(b) Nothing in this chapter shall be construed to create a new cause of action or to limit the rights or remedies available to parents in custody or guardianship actions.
(Mar. 8, 2006, D.C. Law 16-69, § 107, 53 DCR 54.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90 day) addition, see § 107 of Grandparent Caregivers Pilot Program Establishment Emergency Act of 2006 (D.C. Act 16-278, February 22, 2006, 53 DCR 1459).
Legislative History of Laws
For Law 16-69, see notes following § 4-251.01.
