Establishment and administration of program; qualifications for participation in program; assistance provided by program; adoption of regulations.

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1. The Department, through a division of the Department designated by the Director, shall establish and administer a program to provide supportive assistance to qualifying relatives of children who provide care for and obtain the legal guardianship of those children.

2. As a condition to the provision of any supportive assistance pursuant to this section:

(a) The child must:

(1) Have been placed in the care of a qualifying relative for not less than 6 months; and

(2) If the child is 14 years of age or older, consent to the legal guardianship; and

(b) The qualifying relative must:

(1) Reside in this State;

(2) Have attained such a minimum age as the Department specifies by regulation;

(3) Verify his or her relationship to the child; and

(4) File for and obtain court approval of the legal guardianship and comply with any requirements imposed by the court.

3. The supportive assistance provided pursuant to this section must include, within the limitations of available funding:

(a) Reimbursement of all or a portion of the legal fees incurred by the qualifying relative to establish the legal guardianship;

(b) Payments of not more than the amount that the Department would provide to a foster parent if the child had been placed in foster care;

(c) Assistance with:

(1) Child care;

(2) Respite care; and

(3) Transportation; and

(d) Any other assistance the Department deems appropriate.

4. The Department shall adopt such regulations as are necessary to carry out the provisions of this section.

5. As used in this section, unless the context otherwise requires, "qualifying relative" means a person specified in 45 C.F.R. § 233.90(c)(1)(v)(A).

(Added to NRS by 2005, 22nd Special Session, 20)


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