§ 458-b. Kinship guardianship assistance payments. 1. A child is\neligible for kinship guardianship assistance payments under this title\nif the social services official determines the following:\n (a) The child has been in foster care for at least six consecutive\nmonths in the home of the prospective relative guardian; and\n (b) The child being returned home or adopted are not appropriate\npermanency options for the child; and\n (c) The child demonstrates a strong attachment to the prospective\nrelative guardian and the prospective relative guardian has a strong\ncommitment to caring permanently for the child; and\n (d) That age appropriate consultation has been held with the child,\nprovided however with respect to a child who has attained fourteen years\nof age, that the child has been consulted regarding the kinship\nguardianship arrangement, and with respect to a child who has attained\neighteen years of age, that the child has consented to the kinship\nguardianship arrangement.\n (e) (i) If the child has been placed into foster care pursuant to\narticle ten or ten-C of the family court act, that both the fact finding\nhearing pursuant to section one thousand fifty-one of the family court\nact or section one thousand ninety-five of the family court act,\nrespectively, and the first permanency hearing pursuant to paragraph two\nof subdivision (a) of section one thousand eighty-nine of the family\ncourt act have been completed; or\n (ii) for all the other children, that the first permanency hearing has\nbeen completed.\n (f) The financial status of the prospective relative guardian shall\nnot be considered in determining eligibility for kinship guardianship\nassistance payments.\n 1-a. A child shall remain eligible for kinship guardianship assistance\npayments under this title when a successor guardian as defined in\nsubdivision six of section four hundred fifty-eight-a of this title\nassumes care and guardianship of the child.\n 2. (a) A prospective relative guardian who has been caring for an\neligible foster child for at least six consecutive months and who\nintends to seek guardianship or permanent guardianship of the child may\napply to the social services official who has custody, care and custody,\nor guardianship and custody of the child to receive kinship guardianship\nassistance payments, non-recurring guardianship payments, and other\napplicable services and payments available under this title on behalf of\nthe child.\n (b) Applications shall only be accepted prior to issuance of letters\nof guardianship of the child to the relative guardian pursuant to the\nprovisions of the family court act or the surrogate's court procedure\nact.\n (c) Notwithstanding any other provision of law to the contrary, a\nprospective relative guardian and any person over the age of eighteen\nliving in the home of the prospective relative guardian who has not\nalready been subject to a national and state criminal history record\ncheck pursuant to section three hundred seventy-eight-a of this article\nas part of the process of the prospective relative guardian becoming a\ncertified or approved foster parent must complete such a record check in\naccordance with the procedures and standards set forth in such section\nprior to the social services official acting upon the application. The\nsocial services official must inquire of the office of children and\nfamily services whether each prospective relative guardian and each\nperson over the age of eighteen living in the home of the prospective\nrelative guardian has been or is currently the subject of an indicated\nreport of child abuse or maltreatment on file with the statewide central\nregister of child abuse and maltreatment and, if the prospective\nrelative guardian or any other person over the age of eighteen residing\nin the home of the prospective relative guardian resided in another\nstate in the five years preceding the application, request child abuse\nand maltreatment
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