R512-308-5. Relative Qualifying Factors

  (1) In addition to general qualifying factors found in R512-308-3, all of the following factors apply for relatives to seek legal guardianship:

  (a) The child's prospective guardian is a relative to the child who meets the relationship requirements of the Department of Workforce Services Specified Relative Program, as outlined in R986-200-214, which currently includes:

  (i) Grandparents;

  (ii) Brothers and sisters;

  (iii) Stepbrothers and stepsisters;

  (iv) Aunts and uncles;

  (v) First cousins;

  (vi) First cousins once removed;

  (vii) Nephews and nieces;

  (viii) People of prior generations as designated by the prefix grand, great, great-great, or great-great-great;

  (ix) Brothers and sisters by legal adoption;

  (x) The spouse of any person listed above;

  (xi) The former spouse of any person listed above;

  (xii) Individuals who can prove they met one of the above-mentioned relationships via a blood relationship even though the legal relationship has been terminated;

  (xiii) Former stepparents;

  (xiv) A Native American adult who has a Native American child placed in or living in that adult's home, and both the child and the adult are members of, or eligible for membership in, a federally-recognized tribe; and

  (xv) An adult of the same ethnicity, culture, country of origin, religion, language, and/or nationality as the refugee/asylee child in his or her care.

  (b) The child's needs may be met without continued Child and Family Services funding.