NDAC 75-02-01.2-02.2
Kinship care assistance
Cite as N.D. Admin. Code ยง 75-02-01.2-02.2
1.
Kinship care provides a monthly maintenance payment and supportive services to a child
residing outside the child's parental home with a caretaker who is related to that child within
the fifth degree of kinship. To be eligible:
a.
A court of competent jurisdiction must have entered an order placing a child's care,
custody, and control with a human service zone, an official of a human service zone, the
executive director of the department, the division of juvenile services, or with a tribal
agency; and
b.
Before placing a child in kinship care for more than thirty days, the child's custodian must
have completed a family study, a child abuse and neglect background check, and other
investigations, as identified in chapter 75-03-14, as the department may determine
necessary to demonstrate that:
(1)
The home in which care is provided is in fit and sanitary condition and properly
equipped to provide good care to the child;
(2)
The caretaker and other adults residing in the home of the caretaker properly qualify
to carry out the duties and responsibilities of a kinship care provider;
(3)
Kinship care provided in the home is for the public good in accordance with sound
social policy and with due regard to the health, morality, and well-being of all
children cared for in the home; and
(4)
The home is maintained according to standards prescribed for its conduct by the
department.
2.
Within the limits established by the department, supportive services may provide
reimbursements for child care expenses, transportation, clothing, emergent needs, activity
fees, and, as a payer of last resort, reasonable legal fees incurred by or on behalf of a child
and approved by the department.
3.
For purposes of this section, a relative is within the fifth degree of kinship if the relative by
birth, marriage, or adoption, is the child's sibling; niece; nephew; grandniece; grandnephew;
grandparent; aunt; uncle; first cousin; first cousin once removed; great-grandparent;
great-aunt; great-uncle; parent's first cousin; great, great-grandparent; great, great-aunt; great,
great-uncle; or great, great, great-grandparent.
4.
Kinship care monthly maintenance payments must be the same as the standard of need
amount for a shared living arrangement for a child under the temporary assistance for needy
families program and an additional monthly amount established by the department.