(A) When the department determines that a child is eligible for supplemental legal guardianship benefits, the department and relative must execute a written agreement before the court may order legal guardianship. The department must provide a copy of the written agreement to the relative. At a minimum, the written agreement must specify: (1) the amount of supplemental legal guardianship benefits the department will provide; (2) when and how the department will provide the payment; (3) the manner in which the payment may be adjusted based upon the circumstances of the legal guardian or child, and that prior to making an adjustment, the department must consult with the legal guardian; (4) any additional services or assistance for which the child and legal guardian will be eligible; (5) when and how the legal guardian may request additional services; (6) that the agreement remains in effect regardless of the legal guardian's state of residency; and (7) that the amount of the payment cannot exceed the amount of the foster care board payment the child would have received if the child remained in foster care. gal guardian's state of residency; and (7) that the amount of the payment cannot exceed the amount of the foster care board payment the child would have received if the child remained in foster care. (B) The agreement terminates upon the occurrence of the following events: (1) the department determines that the legal guardian is no longer responsible for a child under the age of eighteen; (2) the department determines that the legal guardian is no longer providing support for the child; or (3) the child attains the age of eighteen or twenty-one, if the child meets the department's requirements for extended assistance under the agreement. HISTORY: 2023 Act No. 25 (S.380), Section 6, eff May 16, 2023.
South Carolina Legal Code