[Effective Until 7/1/2024]

(a) As used in this section:

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Terms Used In Tennessee Code 37-2-422

  • Agency: means a child care agency, as defined in title 71, chapter 3, part 5, or in chapter 5, part 5 of this title, regardless of whether such agency is licensed or approved, and includes the department of children's services. See Tennessee Code 37-2-402
  • Board: means an advisory review board appointed by a juvenile court judge, juvenile court judges, or the department of children's services as provided in this part. See Tennessee Code 37-2-402
  • Court: means the juvenile court having jurisdiction over the person of the child, or, if no juvenile court has jurisdiction over the child, then the juvenile court in the county in which the child resides. See Tennessee Code 37-2-402
  • Parent: means the natural parent or legal guardian, except in cases when guardianship is held by an agency pursuant to a determination of abandonment or surrender of parental rights. See Tennessee Code 37-2-402
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Report: means a written report by an advisory review board as provided in §. See Tennessee Code 37-2-402
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(1) “Department” means the department of children’s services; and
(2) “Relative caregiver” means a person with a first, second, or third degree of relationship to the parent or stepparent of a child who may be related to the child through blood, marriage, or adoption.
(b) The department must pay a reimbursement to eligible relative caregivers to support the cost of raising the child, in accordance with this section.
(c) A relative caregiver must receive payment equal to fifty percent (50%) of the full foster care board rate for the care of a child, if the following conditions are met:

(1) The child is not in state custody;
(2) The relative caregiver is twenty-one (21) years of age or older;
(3) The relative caregiver has been awarded custody of the child by a final order of a court acting under chapter 1, part 1 of this title;
(4) The relative caregiver’s total household income does not exceed twice the current federal poverty guidelines based on the size of the family unit. As used in this subdivision (c)(4), “household income” is determined by including the income of the relative caregiver, the spouse of the relative caregiver, and adult children of the relative caregiver who are living in the same home as the relative caregiver;
(5) A parent of the child does not reside in the relative caregiver’s home;
(6) The relative caregiver agrees to seek the establishment and enforcement of child support, including the naming of the father of a child for the purposes of paternity establishment; and
(7) The relative caregiver and the child meet all other requirements as prescribed by rules promulgated by the department.
(d) A payment made pursuant to this section is subject to the initial and continuing eligibility of the relative caregiver and the child, as determined by the department pursuant to this section and rules promulgated by the department. A payment made pursuant to this section is conditional upon sufficient appropriations being received by the department or other paying agency. The department may establish procedures for dispersing available funds in the event that the department or other paying agency does not receive sufficient appropriations to make payments pursuant to this section.
(e) The department may establish additional requirements by rule pursuant to subdivision (c)(7); provided, that the department must not require that the child currently is or has been in custody of the department. The department must provide notice of additional requirements in writing to the relative caregiver within ten (10) days prior to the requirement’s effective date.
(f) Beginning February 1, 2024, and no later than February 1 following the conclusion of each calendar year during which the relative caregiver reimbursement program established under this section is in effect, the department must publish an annual report on the department’s website on the payments made under this section. The report must include, but is not limited to:

(1) The total amount of payments made in the previous calendar year;
(2) The total number of children for whom a relative caregiver received a payment during the previous calendar year;
(3) The total number of children who have entered state custody after being in the custody of a relative caregiver who received a payment during the previous calendar year; and
(4) The total number of children who remain in the custody of a relative caregiver who received a payment during the previous calendar year.
(g) The commissioner of children’s services may promulgate rules necessary to carry out this section pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
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