§ 4–251.23. Eligibility.

(a) A close relative may be eligible to receive subsidy payments under this section if:

(1) Repealed.

(2) Repealed.

(3) The child's parent has not resided in the close relative's home for at least the previous 6 months; provided, that a parent may reside in the home without disqualifying the close relative from receiving a subsidy if:

(A) The parent has designated the close relative to be the child's standby guardian pursuant to Chapter 48 of Title 16;

(B) The parent is a minor enrolled in school;

(C) The parent is a minor with a medically verifiable disability under criteria that shall be prescribed by the Mayor pursuant to § 4-251.26; or

(D) The parent is 18 years of age or older and has a medically verifiable disability under criteria prescribed by the Mayor pursuant to § 4-251.06 that prevents the parent from caring for the child;

(4) The close relative, and all adults residing in the close relative's home, has submitted to a criminal background check;

(5) The close relative's annual household income (excluding Supplemental Security Income) is under 200% of the federally defined poverty level;

(6) At least one of the following residency requirements is met; provided that no close relative residing outside of the District at the time of application may receive subsidy payments for more than one year without establishing that they have become a resident of the District as defined by § 4-205.03:

(A) The close relative is a resident of the District as defined by § 4-205.03;

(B) The child resided in the District within the 6 months preceding the filing of the application for subsidy payments and the child's parent resides in the District at the time of the application for subsidy payments; or

(C) The child resided in the District within the 6 months preceding the filing of the application for subsidy payments, the child is currently enrolled in school in the District, and the child's parent has a medically verifiable disability under criteria prescribed by the Mayor pursuant to § 4-251.06 that prevents the parent from caring for the child, regardless of the parent's place of residence;

(7) The close relative has applied for Temporary Assistance for Needy Families benefits for the child;

(8) The close relative has entered into a subsidy agreement that includes a provision that no payments received under the agreement shall inure to the benefit of the child's parent but shall be solely for the benefit of the child;

(9) The close relative is not currently receiving a guardianship or adoption subsidy for the child;

(10) The close relative has provided a signed statement, sworn under penalty of perjury, that the information provided to establish eligibility pursuant to this section, or any rules promulgated pursuant to § 4-251.26, is true and accurate to the best belief of the close relative applicant; and

(11) The close relative has met any additional requirements prescribed by the Mayor pursuant to rules issued under § 4-251.26.

(b) Repealed.

(c)(1) The Mayor shall recertify the eligibility of each close relative receiving a subsidy on at least an annual basis.

(2) For the purposes of the recertification, a close relative may be required to provide a signed statement, sworn under penalty of perjury, that the information provided to establish continued eligibility pursuant to this section, or any rules promulgated pursuant to § 4-251.26, remains true and accurate to the best belief of the close relative.

(d)(1) Provided that written notice of termination shall be postmarked 15 days before the effective date of the termination of a close relative's subsidy payments, the Mayor shall terminate subsidy payments to a close relative if:

(A) The Mayor determines the close relative no longer meets the eligibility requirements established by this section, or by rules issued under § 4-251.26; or

(B) There is a substantiated finding of child abuse or neglect against the close relative caregiver resulting in the removal of the child from the close relative's home.

(2) A close relative whose subsidy payments are terminated as a result of the removal of the child from the close relative's home may reapply if the child has been returned to the close relative's home.

(e) Eligibility for subsidy payments under this section may continue until the child reaches 18 years of age.

(f) An applicant whose application for a subsidy has been denied or whose subsidy has been terminated shall be entitled to a hearing under the applicable provisions of Chapter 5 of Title 2; provided, that a close relative shall not be entitled to a hearing if the denial or termination of a subsidy is based upon the unavailability of appropriated funds.

(g) Any statement under this section made with knowledge that the information set forth therein is false shall be subject to prosecution as a false statement under § 22-2405(a).

(h) The Mayor shall resolve all doubts regarding eligibility in favor of the applicant.

(i) The Mayor shall process an application for a subsidy with reasonable promptness. An applicant whose application has been approved shall receive the first subsidy payment within 45 days of being deemed eligible, unless a delay is caused by unusual circumstances beyond the Mayor's control.