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Current through October 23, 2012
(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.
