OAR 413-100-0345: Guardianship Assistance Eligibility

(1) To be eligible for Title IV-E guardianship assistance, the child and prospective guardian must meet the eligibility requirements as described in OAR 413-070-0917. (2) The Title IV-E guardianship assistance determination must be completed by a IV-E Specialist on a form approved by the Department. (3) Title IV-E Guardianship Assistance Eligibility Denial Notices and the Right to a Hearing. (a) Title IV-E Guardianship Assistance Denial Notices (A) The Department must complete a "Denial of Title IV-E Guardianship Assistance Eligibility" form at the time of the child’s Title IV-E eligibility denial for guardianship assistance. (B) The Department must send a "Denial of Title IV-E Guardianship Assistance Eligibility" form by certified mail to the prospective relative guardian when the child’s eligibility for Title IV‑E guardianship assistance is denied. (b) Rights to a Hearing. (A) When the "Denial of Title IV-E Guardianship Assistance Eligibility" form is mailed to the prospective relative guardian, the Department will include information about the prospective relative guardian's right to a hearing. (B) If the prospective relative guardian does not agree with the Title IV-E eligibility decision, the prospective relative guardian has the right to request a contested case hearing, as described in OAR 413-010-0500 to 413-010-0535.