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REFERENCE TITLE: permanent guardianship; subsidy |
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State of Arizona Senate Fifty-third Legislature Second Regular Session 2018
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SB 1166 |
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Introduced by Senator Brophy McGee
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AN ACT
amending sections 8‑143 and 8‑814, Arizona Revised Statutes; relating to permanent guardianship.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-143, Arizona Revised Statutes, is amended to read:
8-143. Eligibility; limitation
A. The following persons may apply to the department to have the adoption of a child subsidized:
1. Foster parents who are interested in adopting a child in their home. or any
2. Permanent guardians who are appointed for a child pursuant to chapter 4, article 12 of this title.
3. Other persons who are interested in adopting a child under public or private agency care, whether the adoption is through a public or private agency. , may apply to the department to have the adoption of a child subsidized.
B. All persons approved for the program as adoptive parents shall meet adoption agency standards except for the financial ability to support the child. A subsidy shall not be denied solely on the grounds that the child is placed for adoption through a private agency.
Sec. 2. Section 8-814, Arizona Revised Statutes, is amended to read:
8-814. Permanent guardianship subsidy; offsets; annual review; discontinuation; appeals; definition
A. The department shall establish and administer an ongoing program of subsidized permanent guardianship. Subsidies shall be provided from monies appropriated to the department or made available to it from other sources for permanent guardianship purposes.
B. The department may provide a subsidy to an applicant on behalf of a child subject to the requirements of this section.
C. An applicant is not eligible for a subsidy until the applicant demonstrates that the child or a responsible person on behalf of the child has applied for all benefits to which the child is entitled from other state or federal programs.
D. C. The department shall determine the appropriate amount of the subsidy, which shall not exceed the maintenance payment allowable for an adoption subsidy pursuant to chapter 1, article 2 of this title. The amount of the subsidy shall be offset by benefits received pursuant to the from other state or federal programs described in subsection C of this section to which the child is entitled.
E. D. The department shall conduct an annual review of a subsidy to determine that the permanent guardian continues to be eligible for the subsidy and that the subsidy is for the appropriate amount.
F. E. A permanent guardian who is receiving a subsidy shall:
1. Cooperate with the department in the annual review process.
2. Notify the department in writing of any change:
(a) That would lead to discontinuance of the subsidy pursuant to subsection G F of this section.
(b) In benefits being received from other state or federal programs described in subsection C of this section to which the child is entitled within two weeks of the change.
(c) In address within two weeks of the change.
G. F. The department shall discontinue a subsidy if any of the following occurs:
1. The permanent guardianship terminates.
2. The child dies or does not reside with the permanent guardian.
3. The child reaches eighteen years of age, except that the department may continue the subsidy until the child's twenty‑second birthday if the child is enrolled in and regularly attending school and has not received a high school diploma or certificate of equivalency.
4. The applicant fails to comply with any requirement in this section.
H. G. Any decision denying, reducing or terminating a permanent guardianship subsidy is appealable pursuant to title 41, chapter 6 and chapter 14, article 3.
I. H. Notwithstanding section 41‑3102, this program does not include a specific expiration date.
J. I. For the purposes of this section, "applicant" means a person who is appointed as a permanent guardian pursuant to section 8‑872 or as a provisional or successor permanent guardian pursuant to section 8‑874 and who applies for a subsidy pursuant to this section.