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eligibility for any public benefit to which the child may be | | entitled. |
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| | | The permanency guardianship does not affect the rights and | | benefits that a Native American derives from descent from a | | member of a federally recognized Indian tribe. |
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| | | 8.__Resignation, death or incapacity of permanency guardian.__ | | Resignation of a permanency guardian does not terminate the | | guardianship until it has been approved by the court.__If a | | permanency guardian resigns, dies or becomes incapacitated, the | | District Court shall hold a judicial review and a permanency | | planning hearing at the earliest practicable time. |
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| | | 9.__Preference.__The District Court shall give preference for | | placement and permanency guardianship to a person nominated by a | | deceased permanency guardian in a valid will or by an | | incapacitated permanency guardian in a valid power of attorney, | | unless the District Court finds that the placement or permanency | | guardianship is not in the child's best interest. |
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| | | 10.__Limitation.__The District Court does not have authority | | to provide a guardianship subsidy for permanency guardianship | | under section 4308-D. |
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| | | §4038-D.__Guardianship subsidy |
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| | | 1.__Establishment of program; use of federal funds.__There is | | established in the department the Guardianship Subsidy Program, | | referred to in this section as "the program."__For the purposes | | of this section, the department is authorized to use funds that | | are appropriated for child welfare services and funds provided | | under the United States Social Security Act, Titles IV-B and IV- | | E, or under any waiver that the department receives pursuant to | | those Titles. |
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| | | 2.__Eligibility for guardianship subsidy payments.__Subject to | | rules adopted to implement this section, the department may | | provide subsidies for a special needs child who is placed in a | | permanency guardianship or in a similar status by a Native | | American tribe, when reasonable but unsuccessful efforts have | | been made to place the child without guardianship subsidies and | | if the child would not be placed in a permanency guardianship | | without the assistance of the program. |
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| | | 3.__Definition of "special needs child."__For purposes of this | | section, "special needs child" means a child who: |
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