Section 148-12-3 - ELIGIBILITY CRITERIAThe child and permanency guardian are eligible for the guardianship subsidy only if all of the following criteria are met.
a. The child must be in the legal custody of the Department or Tribes;b. Reunification for the child must no longer be a viable permanency option;c. The child must meet the definition of a "special needs child";d. Permanency Guardianship must be considered to be in the best interest of the child by the court; ande. The family must have been studied and approved as meeting the Department's/Tribe's standards for permanency guardianship either by the Department, Tribes or by a licensed child-placing agency prior to placement in Permanency Guardianship status. Appointment by the District Court as a permanency guardian does not establish that the permanency guardian meets the standards for permanency guardianship for purposes of the guardianship subsidy.f. The permanency option of adoption must receive careful consideration prior to consideration of permanency guardianship.10-148 C.M.R. ch. 12, § 3