Section 75-02-01.2-02.2 - Kinship care assistance1. Kinship care provides a monthly maintenance payment and supportive services to a child residing outside the child's parental home with a caretaker who is related to that child within the fifth degree of kinship. To be eligible: a. A court of competent jurisdiction must have entered an order placing a child's care, custody, and control with a county agency, an official of a county agency, the executive director of the department, the division of juvenile services, or with a tribal agency; andb. Before placing a child in kinship care for more than thirty days, the child's custodian must have completed a family study, a child abuse and neglect background check, and other investigations, as identified in chapter 75-03-14, as the department may determine necessary to demonstrate that: (1) The home in which care is provided is in fit and sanitary condition and properly equipped to provide good care to the child;(2) The caretaker and other adults residing in the home of the caretaker properly qualify to carry out the duties and responsibilities of a kinship care provider;(3) Kinship care provided in the home is for the public good in accordance with sound social policy and with due regard to the health, morality, and well-being of all children cared for in the home; and(4) The home is maintained according to standards prescribed for its conduct by the department.2. Within the limits established by the department, supportive services may provide reimbursements for child care expenses, transportation, clothing, emergent needs, activity fees, and, as a payer of last resort, reasonable legal fees incurred by or on behalf of a child and approved by the department.3. For purposes of this section, a relative is within the fifth degree of kinship if the relative by birth, marriage, or adoption, is the child's sibling; niece; nephew; grandniece; grandnephew; grandparent; aunt; uncle; first cousin; first cousin once removed; great-grandparent; great-aunt; great-uncle; parent's first cousin; great, great-grandparent; great, great-aunt; great, great-uncle; or great, great, great-grandparent.4. Kinship care monthly maintenance payments must be the same as the standard of need amount for a shared living arrangement for a child under the temporary assistance for needy families program and an additional monthly amount established by the department.N.D. Admin Code 75-02-01.2-02.2
Effective June 1, 2005; amended effective January 1, 2009; January 1, 2011.Amended by Administrative Rules Supplement 2017-363, January 2017, effective 1/1/2017.Amended byAdministrative Rules Supplement 375, January 2020, effective1/1/2020General Authority: NDCC 50-09-02, 50-09-25
Law Implemented: NDCC 50-09-02