10. Permanency guardian's eligibility for public benefits. The Except as required by federal law or regulation, 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. 4. 22 MRSA §4038-D, sub-§11 is enacted to read:

11.__Application to pending cases.__The department may provide a guardianship subsidy pursuant to this section to a child who is the subject of a child protection proceeding pending on September 17, 2005 or to a child who is the subject of a child protection proceeding commenced on or after September 17, 2005.