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8.5B.2  Guardianship Assistance Program, Eligibility, Guardian requirements

1.Describe the criminal records check requirements for relative guardians.

1. Question: Describe the criminal records check requirements for relative guardians.

Answer: Before a relative guardian may receive title IV-E kinship guardianship assistance payments on behalf of a child, the title IV-E agency must conduct fingerprint-based criminal records checks of the national crime information databases (NCID) of the relative guardian(s) and child abuse and neglect registry checks of relative guardian(s) and other adults living in the guardian's home consistent with section 471(a)(20)(C) of the Social Security Act (the Act).

Consistent with existing policy, if the title IV-E agency has established an appropriate timeframe that the NCID and child abuse and neglect registry background checks remain valid and such timeframe has not expired for the foster parent who previously received the background checks and is now seeking to become a relative guardian, the agency can consider the requirement of section 471(a)(20) of the Act met without conducting new background checks (Child Welfare Policy Manual 8.4F Q/A #13).

  • Source/Date: 08/12/09
  • Legal and Related References: Social Security Act section 471(a)(20); Child Welfare Policy Manual section 8.4F Q/A #13

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