(a) Applications for the program may be submitted by a prospective kinship guardian. A written agreement between the prospective kinship guardian entering into the program and the department shall precede the award of a kinship guardianship. The kinship guardianship subsidy agreement and kinship guardianship subsidy shall become effective only upon entry of an order of a court awarding kinship guardianship. The agreement shall specify, at a minimum, the following:
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
writing: includes typewriting and printing on paper. See Alabama Code 1-1-1
(1) The amount of, and manner in which, each kinship guardianship assistance payment will be provided under the agreement, and the manner in which the payment may be adjusted periodically, in consultation with the relative guardian, based on the circumstances of the relative guardian and the needs of the child.(2) The additional services and assistance that the child and relative guardian or successor guardian will be eligible for under the agreement.(3) The procedure by which the relative guardian or successor guardian may apply for additional services as needed.(4) That the department will pay the cost of nonrecurring expenses associated with obtaining a legal order of kinship guardianship or successor guardianship of the child, to the extent the cost does not exceed the federally established amount.(b) No kinship guardianship subsidy shall be made unless satisfactory documentation is submitted by the kinship guardian or successor guardian showing an eligible child lives in the home of the kinship guardian or successor guardian. Upon approval by the department that all the requirements for payment eligibility have been satisfied, the kinship guardianship subsidy may be retroactive to the date of the court order appointing kinship guardianship.(c) The kinship guardianship assistance agreement executed in accordance with this section and any amendments thereto may name an appropriate person to act as a successor guardian for the purpose of providing care and guardianship for a child in the event of death or incapacity of the relative guardian.(d) A child shall remain eligible for kinship guardianship assistance payments under this title when a successor guardian assumes care and guardianship of the child.(e) The department shall complete a criminal history record check on the prospective successor guardian and all adult residents of the household of the prospective successor guardian before approval to receive payments. The department also shall complete a child abuse record check on the prospective successor guardian and all household members that are 14 years or older before approval to receive payments.(f) It shall be the duty of the prospective successor guardian to inform the social services official that has entered into an agreement with the relative guardian for payments under this title in writing of the death or incapacity of the relative guardian and of the prospective successor guardian’s desire to enforce the provisions in the agreement that authorize payment to him or her in the event of the death or incapacity of the kinship guardian.
