2006 Louisiana Laws - RS 46:237 — Kinship care subsidy program

§237.  Kinship Care Subsidy Program

A.  There is hereby established a Kinship Care Subsidy Program in the office of family support of the Department of Social Services, for the purpose of assisting eligible kinship caregivers, including grandparents, step-grandparents, or other adult relatives within the fifth degree who have legal custody or guardianship of their minor relatives.

B.  For purposes of this Section:

(1)  "Kinship caregiver" means the grandparent, step-grandparent, aunt, uncle, or other adult relative within the fifth degree of consanguinity.

(2)  "Minor relative" means a grandchild, step-grandchild, or other minor relative not the natural or adopted child of the kinship caregiver who is under eighteen years of age and who meets the definition of "dependent child" specified in R.S. 46:231(3)(a).

C.  To be eligible to qualify for a subsidy under the program, a kinship caregiver of a minor relative shall meet the following requirements:

(1)  Possess or obtain, within one year of enrolling in the program, legal custody or guardianship of a minor relative who is living in his home.

(2)  Have an annual income of less than one hundred fifty percent of the federal poverty threshold, in accordance with the size of the family applying for the subsidy.

(3)  Apply for benefits through the Family Independence Temporary Assistance Program (FITAP).

(4)  Have neither of the minor relative's parents residing in applicant's household.

(5)  Agree to pursue the enforcement of child support obligations against the parents of the minor relative with the assistance of the Department of Social Services in accordance with applicable law.

D.  Any kinship caregiver convicted of a felony of possession, use, or distribution of a controlled substance as defined in 21 U.S.C. 802(6) of the Controlled Substances Act shall be disqualified from applying for a subsidy under this Section for one year from the date of conviction, or if incarcerated, for one year from the date of release from incarceration.

E.  The office of family support shall promulgate rules and regulations to establish the amount of the subsidy to be awarded on behalf of each minor relative.

F.  The office of family support shall promulgate rules and regulations to provide for any other eligibility requirements which are reasonably necessary to administer the Kinship Care Subsidy Program in accordance with this Section and any federal requirements, to promote the safety and well-being of any minor relative for whom subsidies are issued, and to establish procedures for reconsideration of eligibility of applicants no less than annually.

G.  The subsidy provided for in this Section shall be administered by the office of family support and funded through the TANF block grant.

Acts 1999, No. 990, §1, eff. July 9, 1999; Acts 2001, No. 857, §1, eff. June 26, 2001.