Eligibility.

(a) A grandparent may be eligible to receive subsidy payments under this section if:

(1) The grandparent has been the child’s primary caregiver for at least the previous 6 months.

(2) The child has resided in the grandparent’s home for at least the previous 6 months;

(3) The child’s parent has not resided in the grandparent’s home for at least the previous 6 months; provided, that a parent may reside in the home without disqualifying the grandparent from receiving a subsidy if:

(A) The parent has designated the grandparent to be the child’s standby guardian pursuant to Chapter 48 of Title 16 ;

(B) The parent is a minor enrolled in school; or

(C) The parent is a minor with a medically verifiable disability under criteria that shall be prescribed by the Mayor pursuant to § 4-251.06 .

(4) The grandparent, and all adults residing in the grandparent’s home, has submitted to a criminal background check;

(5) The grandparent’s household income is under 200 percent of the federally-defined poverty level;

(6) The grandparent is a resident of the District as defined by § 4-205.03 ;

(7) The grandparent has applied for Temporary Assistance for Needy Families benefits for the child;

(8) The grandparent has entered into a subsidy agreement that includes a provision that no payments received under the agreement shall inure to the benefit of the child’s parent but shall be solely for the benefit of the child;

(8A) The grandparent is not currently receiving a guardianship or adoption subsidy for the child;

(9) The grandparent has provided a signed statement, sworn under penalty of perjury, that the information provided to establish eligibility pursuant to this section, or any rules promulgated pursuant to § 4-251.06 , is true and accurate to the best belief of the grandparent applicant; and

(10) The grandparent has met any additional requirements prescribed by the Mayor pursuant to rules issued under § 4-251.06 .

(a-1) The Mayor may waive the eligibility requirements established in subsection (a)(1) and (2) of this section if:

(1) The Agency determines that the child is at risk of removal from the parent, guardian, or custodian pursuant to § 4-1301.07 ;

(2) The parent, guardian, or custodian permits the grandparent to be the child’s primary caregiver; and

(3) The parent, guardian, or custodian permits the child to reside with the grandparent.