OAR 413-070-0925: Guardianship Assistance Eligibility for Potential Guardian and Successor Legal Guardian

(1) The Department may approve a potential guardian for guardianship assistance when the potential guardian; (a) Meets the requirements of OAR 413-070-0665(2); and (b) Agrees to ensure that, if the child has attained the minimum age for compulsory attendance under the law of the state of residence but has not completed secondary school, the child is: (A) Enrolled in an elementary or secondary school as determined by the law of the state of residence; (B) Home schooled in accordance with the law of the state of residence; (C) Enrolled in an independent study program in accordance with the law of the state of residence; or (D) Incapable of attending school due to a documented medical condition. (2) In the event of the death or incapacity of the guardian, before the successor legal guardian may receive a guardianship assistance payment, all of the following requirements must be met: (a) The successor legal guardian must be named in the guardianship assistance agreement, prior to the death or incapacity of the guardian. A successor legal guardian may be added, removed, or replaced by amending the guardianship assistance agreement any time prior to the death or incapacity of the guardian. (b) The successor legal guardian and the Department must negotiate and enter into a written guardianship assistance agreement as described in OAR 413-070-0949. (c) The successor legal guardian and all adults living in the home of the successor legal guardian must have a Department-approved, fingerprint-based criminal records check of the National Crime Information Databases (NCID) and a Child Abuse and Neglect (CAN) registry check. (d) The successor legal guardian must be granted guardianship of the child or young adult through a judgment of the court. (3) A guardianship assistance payment to a successor legal guardian begins on the date all requirements in section (2) of this rule are met.