(A) In order for a child to be eligible for supplemental legal guardianship benefits, the department shall determine that the following provisions apply: (1) the child is in the legal custody of the department by a removal action under Section 63-7-1660; (2) the child resided in the home of the relative for a consecutive, six-month period during which the child was in the legal custody of the department and the relative was licensed as a kinship foster parent; (3) the department determined that return home and adoption are not in the child's best interests; (4) the child and the relative share a strong attachment, and the relative has a strong commitment to permanently caring for the child; and (5) if the child is fourteen years of age or older, the department consulted the child regarding the legal guardianship; or (6) due to the death or incapacity of the legal guardian, the child has been placed with the successor legal guardian named in the supplemental legal guardianship benefits agreement. (B) Death or incapacity of the legal guardian does not affect the child's eligibility for supplemental legal guardianship benefits if the child is placed with the successor legal guardian named in the supplemental legal guardianship agreement, and the need for supplemental legal guardianship benefits still exists.
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