OAR 413-070-0918: Extension of Guardianship Assistance for a Young Adult

The Department may approve an extension of a guardianship assistance agreement for an individual under the age of 21 when the individual meets the following criteria: (1) An initial guardianship assistance agreement was entered into on behalf of the child and at the time of the child's 18th birthday, the child: (a) Qualifies as an individual with a developmental disability as determined by the local County Community Developmental Disabilities Program in Oregon; (b) Qualifies as an individual with a developmental disability as determined by the equivalent developmental disability program if living in a state other than Oregon; or (c) Qualifies for Supplemental Security Income (SSI) as determined by the Social Security Administration. (2) An initial guardianship assistance agreement was entered into on behalf of the child who is age 16 or 17, and upon reaching the age of 18, the child is: (a) Completing secondary school (or equivalent); (b) Enrolled in post-secondary or vocational school; (c) Participating in a program or activity that promotes or removes barriers to employment; (d) Employed for at least 80 hours a month; or (e) Determined incapable of any of the above due to a documented medical condition, physical disability, or mental disability. (3) In order for the extension of guardianship assistance under section (1) of this rule to be approved on behalf of a young adult, the guardian must submit to the Department documentation from the agency making the determination described in subsections (1)(a) to (c) of this rule. (4) In order for the extension of guardianship assistance under section (2) of this rule to be approved on behalf of a young adult, the guardian must submit to the Department documentation verifying the circumstances described in subsections (2)(a) to (e) of this rule. Documentation of circumstances described in subsection (1)(e) of this rule must be from a medical or mental health professional. (5) The Department must receive the request for extension of the guardianship assistance agreement and the documentation described in sections (3) and (4) of this rule: (a) At least 30 calendar days before the individual's 18th birthday; or (b) Before a date determined by the Department when the Department approves a request from the guardian to submit the documentation after the individual's 18th birthday. The Department must receive the request before the individual's 18th birthday. (6) If the Department does not receive the documentation as required by sections (3) to (4) of this rule, the Department may not approve an extension of a guardianship assistance agreement. (7) When an extension of guardianship assistance has been approved under section (1) of this rule, guardianship assistance will continue until the young adult turns 21 years old. (8) When an extension of guardianship assistance has been approved under section (2) of this rule, the Department will review the eligibility of the young adult for continued guardianship assistance: (a) At least annually; or (b) When information is received that indicates the young adult may no longer be eligible for guardianship assistance or may be eligible for guardianship assistance in a different amount. (9) The guardian must notify the Department, orally or in writing, of any changes in circumstances that may make the young adult: (a) Ineligible for guardianship assistance; or (b) Eligible for guardianship assistance in a different amount.