Section 38-12-30 – Short Title.

Section 38-12-30 Short title. This article may be cited as the Alabama Kinship Guardianship Subsidy Act. (Act 2010-712, p. 1744, §1.)

Section 38-12-31 – Legislative Findings.

Section 38-12-31 Legislative findings. The Legislature finds and declares the following: (1) There exists in this state a number of children who cannot reside with their parents, legal guardians, or legal custodians because of such parents’, legal guardians’, or custodians’ incapacity or inability to perform the regular and expected functions of care and support of […]

Section 38-12-32 – Definitions.

Section 38-12-32 Definitions. As used in this article, the following terms shall have the following meanings: (1) CAREGIVER. An individual 21 years of age or older, other than a child’s parent, legal guardian, or legal custodian who is an approved foster parent, who is a relative of the child, and who has been providing care […]

Section 38-12-33 – Kinship Guardianship Subsidy Program.

Section 38-12-33 Kinship Guardianship Subsidy Program. There is established in the department the Kinship Guardianship Subsidy Program. For the purposes of this article, 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 […]

Section 38-12-34 – Subsidies – Authorized; Eligibility.

Section 38-12-34 Subsidies – Authorized; eligibility. (a) Subject to rules adopted to implement this article, the department may provide subsidies for an eligible child placed in kinship guardianship by a court, or by a federally recognized Native American Indian tribe, if the child would not be placed in a kinship guardianship without the assistance of […]

Section 38-12-35 – Subsidies – Amount.

Section 38-12-35 Subsidies – Amount. The amount of a kinship guardianship subsidy shall be determined according to this section and as provided by rules of the department. The subsidy may be paid monthly and the monthly amount may not exceed the monthly foster care maintenance board payment for the child if the child were to […]

Section 38-12-36 – Subsidies – Duration.

Section 38-12-36 Subsidies – Duration. Provided that federal funding is available, the kinship guardianship subsidy shall continue until the following occur: (1) The child who is being cared for by the kinship guardian or successor guardian reaches age 18 years, or age 21 if the child has attained age 16 before the kinship subsidy agreement […]

Section 38-12-37 – Application.

Section 38-12-37 Application. (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 […]

Section 38-12-38 – Review of Subsidy.

Section 38-12-38 Review of subsidy. If the subsidy continues for more than one year, the eligibility for and amount of the subsidy shall be reviewed at least annually by the department as provided by rule. The subsidy continues regardless of the state in which the kinship guardian or successor guardian resides, or the state to […]

Section 38-12-39 – Adoption of Rules.

Section 38-12-39 Adoption of rules. The department shall adopt rules for the program consistent with this article. (Act 2010-712, p. 1744, §10.)

Section 38-12-40 – Subsidy Excluded From Income; Taxation.

Section 38-12-40 Subsidy excluded from income; taxation. Except as required by federal law or regulation, the kinship guardianship subsidy may not be counted as a resource or income in the determination of the kinship guardian’s, successor guardian’s, or child’s eligibility for any public benefits or assistance. Kinship guardianship subsidy payments shall be exempt from any […]

Section 38-12-41 – Initiation of Program.

Section 38-12-41 Initiation of program. The department may provide a kinship guardianship subsidy pursuant to this article to any eligible child in department custody by court order on October 1, 2010, and to any eligible child placed in department custody by court order after October 1, 2010. (Act 2010-712, p. 1744, §12.)