(1) In order for children or youth to be eligible for GAP, they must be:

(a) Under 18 years old when the department and the applicant sign the GAP agreement and order establishing the guardianship is entered by the court;

(b) A dependent of a Title IV-E administering agency or federally recognized tribe located in Washington state; and

(c) Placed for at least six consecutive months with the prospective guardian who has been fully licensed and receiving foster care maintenance payments for at least six consecutive months.

(2) The department must not use the applicants' income as a basis to determine the children's or youth's eligibility for GAP. However, the department will consider the applicant's income and other financial circumstances when determining the amount of the GAP cash payments.