7.__Annual review required.__If the subsidy continues for more than one year, the need for the subsidy must be reviewed annually. The subsidy continues regardless of the state in which the permanency guardian resides, or the state to which the permanency guardian moves, if the permanency guardian continues to be responsible for the child.

8.__Death of permanency guardian.__Upon the death of all persons serving as permanency guardian, the subsidy may be transferred to a new legal guardian as long as the child continues to be eligible for the guardianship subsidy pursuant to the terms of the most recent agreement with the permanency guardian. The department shall enter into a new agreement with the new legal guardian.

9.__Adoption of rules.__The department shall adopt rules for the program consistent with this section.__Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.

10.__Permanency guardian's eligibility for public benefits.__ The guardianship subsidy may not be counted as resources or income in the determination of the permanency guardian's eligibility for any public benefit.

Sec. 7. 22 MRSA §4052, sub-§2-A, ķA, as amended by PL 2003, c. 408, §7, is further amended to read:

A. When a child has been in foster care for 15 of the most recent 22 months. The department must file the petition before the end of the child's 15th month in foster care. In calculating when to file a termination petition:

(1) The time the child has been in foster care begins when the child is considered to have entered foster

care as specified in section 4038, subsection 7-A, paragraph A 4038-B, subsection 1, paragraph B;