| A.__Has a physical, mental or emotional handicap that makes | placement difficult; |
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| B.__Has a medical condition that makes placement difficult; |
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| C.__Is a member of a sibling group that includes at least | one member who is difficult to place; |
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| D.__Is difficult to place because of age or race; |
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| E. Has been a victim of physical, emotional or sexual abuse | or neglect that places the child at risk for future | emotional difficulties; or |
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| F.__Has in the family background factors such as severe | mental illness, substance abuse, genetic or medical | conditions or illnesses that place the child at risk for | future problems. |
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| | 4.__Amount of guardianship subsidy.__The amount of a | guardianship subsidy is determined according to this subsection. |
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| A.__The amount may vary depending upon the resources of the | permanency guardian, the special needs of the child and the | availability of other resources. |
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| B.__The amount may not exceed the total cost of caring for | the child if the child were to remain in the care or custody | of the department, without regard to the source of the | funds. |
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| C.__Except as provided in paragraph D, assistance may be | provided only for special needs. |
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| D.__Subject to rules adopted by the department, the amount | may include up to $400 for reimbursement for legal expenses, | including attorney's fees, incurred by the permanency | guardian to complete the permanency guardianship in Indian | tribal court cases. |
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| | 5.__Duration of guardianship subsidy.__A guardianship subsidy | may be provided for a period of time based on the special needs | of a child.__The subsidy may continue until the termination of | the permanency guardianship or until the permanency guardian is | no longer caring for the child, at which time the guardianship | subsidy ceases.__If the child has need of educational benefits or | has a physical, mental or emotional handicap, the guardianship | subsidy may continue until the child has attained 21 years of age | if the child, the parents and the department agree that the need | for care and support exists. |
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