Code of the District of Columbia

§ 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(1) Repealed.

(2) Repealed.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 household income is under 200 percent 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) 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).