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were to remain in the care or custody of the department, without | | regard to the source of the funds.__Assistance may be provided for | | special needs only. |
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| | | 6.__Duration of guardianship subsidy.__Under the program, | | assistance may be provided for a period of time based on the | | special needs of a child.__Except as otherwise provided in this | | subsection, the duration of the subsidy may continue until the | | termination of the permanency guardianship or until the | | permanency guardian is no longer supporting the child, at which | | time the guardianship subsidy ceases.__If the child has need of | | educational benefits or has a physical, mental or emotional | | handicap, the guardianship subsidy may continue until the child | | has attained 21 years of age if the child, the parents and the | | department agree that the need for care and support exists. |
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| | | 7.__Administration of program.__Applications for the program | | may be submitted by a prospective permanency guardian.__A written | | agreement between the family entering into the program and the | | department must precede the order under section 4038-C creating | | the permanency guardianship, except that an application may be | | filed subsequent to the creation of the permanency guardianship | | if there were facts relevant to the child's eligibility that were | | not presented at the time of the request for the subsidy or if | | the child was eligible for participation in the program at the | | time of placement and the permanency guardian was not apprised of | | the program. |
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| | | 8.__Annual redetermination required.__If the subsidy continues | | for more than one year, the need for the subsidy must be annually | | redetermined. The subsidy continues regardless of the state in | | which the permanency guardian resides, or the state to which the | | permanency guardian moves, if the family continues to be eligible | | based on the annual redetermination of need. |
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| | | 9.__Death of permanency guardian.__Upon the death of all | | persons serving as permanency guardian for a child, the subsidy | | under the program may be transferred to a new legal guardian if | | the child continues to be eligible for the guardianship subsidy | | pursuant to the terms of the most recent agreement with the | | permanency guardian. The department shall enter into a new | | agreement with the new legal guardian. |
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| | | 10.__Adoption of rules.__The department shall adopt rules for | | the program consistent with this section.__Those rules are | | routine technical rules pursuant to Title 5, chapter 375, | | subchapter 2-A. |
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| | | Sec. 7. 22 MRSA §4052, sub-§2-A, ķA, as amended by PL 2003, c. 408, §7, | | is further amended to read: |
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