NRS432B.623. Qualifications for assistance pursuant to Program; placement of sibling of child who is eligible for assistance.

      1.  As a condition to the provision of assistance pursuant to the Program:

      (a) A child must:

             (1) Have been removed from his or her home:

                   (I) Pursuant to a written agreement voluntarily entered by the parent or guardian of the child and an agency which provides child welfare services; or

                   (II) By a court which has determined that it is in the best interests of the child for the child to remain in protective custody or to be placed in temporary or permanent custody outside his or her home;

             (2) For not less than 6 consecutive months, have been eligible to receive maintenance pursuant to Part E of Title IV of the Social Security Act, 42 U.S.C. §§ 670 et seq., while residing with the relative of the child;

             (3) Not have as an option for permanent placement the return to the home or the adoption of the child;

             (4) Demonstrate a strong attachment to the relative;

             (5) If the child is 14 years of age or older, be consulted regarding the guardianship arrangement; and

             (6) Meet any other requirements for eligibility set forth in 42 U.S.C. §§ 671 and 673.

      (b) A relative of the child must:

             (1) Demonstrate a strong commitment to caring for the child permanently;

             (2) Be a provider of foster care as defined in NRS 424.017;

             (3) Enter into a written agreement for assistance with an agency which provides child welfare services before the relative is appointed as the legal guardian of the child;

             (4) Be appointed as the legal guardian of the child by a court of competent jurisdiction and comply with any requirements imposed by the court; and

             (5) Meet any other requirements for eligibility set forth in 42 U.S.C. §§ 671 and 673.

      2.  If the sibling of a child who is eligible for assistance pursuant to the Program is not eligible for such assistance, the sibling may be placed with the child who is eligible for assistance upon approval of the agency which provides child welfare services and the relative. In such a case, payments may be made for the sibling so placed as if the sibling is eligible for the Program.

      (Added to NRS by 2011, 539; A 2013, 1454)