2023 District of Columbia Code › Title 4 - Public Care Systems › Chapter 2A - Grandparent and Close Relative Caregivers Pilot Programs › Subchapter I - Grandparent Caregivers Pilot Program › § 4–251.03. Eligibility

§ 4–251.03. Eligibility.
(a) A grandparent 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(1) Repealed.
(2) Repealed.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 grandparent’s home for at least the previous 6 months; provided, that a parent may reside in the home without disqualifying the grandparent from receiving a subsidy if:
(A) The parent has designated the grandparent 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 § 4-251.06; 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 grandparent, and all adults residing in the grandparent’s home, has submitted to a criminal background check;
(5) The grandparent'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 grandparent residing outside of the District at the time of application for a subsidy may receive 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 grandparent 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 grandparent has applied for Temporary Assistance for Needy Families benefits for the child;
(8) The grandparent 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;
(8A) The grandparent is not currently receiving a guardianship or adoption subsidy for the child;
(9) The grandparent 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 § 4-251.06, is true and accurate to the best belief of the grandparent applicant; and
(10) The grandparent has met any additional requirements prescribed by the Mayor pursuant to rules issued under § 4-251.06.
(a-1) Repealed.
(b)(1) The Mayor shall recertify the eligibility of each grandparent receiving a subsidy on at least an annual basis.
(2) For the purposes of the recertification, a grandparent 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 § 4-251.06, remains true and accurate to the best belief of the grandparent.
(c)(1) Provided that written notice of termination shall be postmarked 15 days before the effective date of the termination of a grandparent's subsidy payments, the Mayor shall terminate subsidy payments to a grandparent at any time if:
(A) The Mayor determines the grandparent no longer meets the eligibility requirements established by this section, or by rules issued under § 4-251.06; or
(B) There is a substantiated finding of child abuse or neglect against the grandparent caregiver resulting in the removal of the child from the grandparent’s home.
(2) A grandparent whose subsidy payments are terminated as a result of the removal of the child from the grandparent’s home may reapply if the child has been returned to the grandparent’s home.
(d) Eligibility for subsidy payments under this section may continue until the child reaches 18 years of age.
(e) 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 grandparent shall not be entitled to a hearing if the denial or termination of a subsidy is based upon the unavailability of appropriated funds.
(f) 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).
(g) The Mayor shall resolve all doubts regarding eligibility in favor of the applicant.
(h) 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.
(Mar. 8, 2006, D.C. Law 16-69, § 103, 53 DCR 54; Sept. 20, 2007, D.C. Law 17-21, § 3(a), 54 DCR 6835; Apr. 20, 2013, D.C. Law 19-261, § 2, 60 DCR 1296; May 18, 2022, D.C. Law 24-118, § 2, 69 DCR 002660; Mar. 10, 2023, D.C. Law 24-309, § 3(b), 70 DCR 662; Sept. 6, 2023, D.C. Law 25-50, § 5022(a), 70 DCR 10366.)
Section References
This section is referenced in § 4-251.05.
Effect of Amendments
D.C. Law 17-21, in subsec. (a), rewrote pars. (1) and (3) and added par. (8A); and added subsec. (f).
The 2013 amendment by D.C. Law 19-261 added (a-1).
Emergency Legislation
For temporary (90 day) addition, see § 103 of Grandparent Caregivers Pilot Program Establishment Emergency Act of 2006 (D.C. Act 16-278, February 22, 2006, 53 DCR 1459).
For temporary (90 day) amendment of section, see § 3(a) of Safe and Stable Homes for Children and Youth Emergency Amendment Act of 2007 (D.C. Act 17-69, July 9, 2007, 54 DCR 6826).
For temporary (90 day) addition of (a-1), see § 2 of the Grandparent Caregivers Program Emergency Amendment Act of 2012 (D.C. Act 19-571, December 20, 2012, 60 DCR 97.
For temporary (90 days) amendment of this section, see § 2 of the Grandparent Caregivers Program Congressional Review Emergency Amendment Act of 2013 (D.C. Act 20-37, March 19, 2013, 60 DCR 4659, 20 DCSTAT 520).