Guardianship Assistance Eligibility
(1)To be eligible for Title IV-E guardianship assistance, the child and prospective guardian must meet the eligibility requirements as described in OAR 413-070-0917 (Eligibility for Guardianship Assistance).
(2)The Title IV-E guardianship assistance determination must be completed by a IV-E Specialist on a form approved by the Department.
(3)Title IV-E Guardianship Assistance Eligibility Denial Notices and the Right to a Hearing.
(a)Title IV-E Guardianship Assistance Denial Notices
(A)The Department must complete a “Denial of Title IV-E Guardianship Assistance Eligibility” form at the time of the child’s Title IV-E eligibility denial for guardianship assistance.
(B)The Department must send a “Denial of Title IV-E Guardianship Assistance Eligibility” form by certified mail to the prospective relative guardian when the child’s eligibility for Title IV‑E guardianship assistance is denied.
(b)Rights to a Hearing.
(A)When the “Denial of Title IV-E Guardianship Assistance Eligibility” form is mailed to the prospective relative guardian, the Department will include information about the prospective relative guardian’s right to a hearing.
(B)If the prospective relative guardian does not agree with the Title IV-E eligibility decision, the prospective relative guardian has the right to request a contested case hearing, as described in OAR 413-010-0500 (Purpose, Right to Request Hearing, Applicable Rules, and Computation of Time) to 413-010-0535 (Proposed and Final Orders).
Rule 413-100-0345 — Guardianship Assistance Eligibility,