Arkansas Administrative Code
Agency 016 - DEPARTMENT OF HUMAN SERVICES
Division 15 - Children and Family Services
Rule 016.15.19-007 - Subsidized Guardianship

A. The child has been removed from his or her home pursuant to a judicial determination that continuation in the home would be contrary to the welfare of the child and, as such, the child has been placed in DHS custody per judicial order;

B. The child has resided for at least six consecutive months in the fully approved foster home of the prospective relative or fictive kin guardian(s) which is eligible to receive payments on behalf of the child (i.e., the prospective relative or fictive kin guardian's home is no longer a provisional foster home and has been serving as a fully approved foster home to the child seeking a legal guardianship arrangement for at least six consecutive months) (see POLICY VII: Development of Foster Homes). Any disruption in placement with the prospective relative or fictive kin guardian that is less than 14 days will not affect the six consecutive month qualifying period;

C. Being returned home to the person from whom he or she was removed or being adopted are not appropriate permanency options for the child, the guardianship arrangement is in the child's best interest, and documentation supporting these determinations is provided;

D. The child demonstrates a strong attachment to the prospective relative or fictive kin guardian(s) and the guardian(s) has a strong commitment to caring permanently for the child/youth;

E. Each child is consulted regarding the guardianship arrangement; and,

F. The youth, if more than twelve (12) years of age, signs a consent to guardianship if he or she agrees to the guardianship arrangement, and it is agreed that procedures to finalize the guardianship should be initiated (unless the court determines it is in the minor's best interest to dispense with the minor's consent).

A. The steps that the agency has taken to determine that it is not appropriate for the child to be returned home or adopted;

B. The reasons for any separation of siblings during placement and description of the efforts made to place currently separated siblings together, the efforts made to provide frequent visitation or other ongoing interaction between siblings; and efforts to reunify separated siblings;

C. The reasons why a permanent placement with an appropriate and willing relative or fictive kin supported by a subsidized guardianship arrangement is in the child's best interest;

D. The efforts that the Division has made to discuss adoption by the child's relative or fictive kin foster parent as a more permanent alternative to legal guardianship and, in the case of a relative or fictive kin foster parent who has chosen not to pursue adoption, documentation of the reasons;

E. The efforts made by the Division to discuss with the child's parent(s) the guardianship arrangement; or the reasons why the efforts were not made;

F. The process in place to allow for a successor guardian in the event that the relative or fictive kin guardian of the child dies or is no longer able to care for the child; and,

G. Any appropriate transitional youth services for those youth who exit foster care and enter into a guardianship arrangement supported by a subsidy after the age of 16.

A. The child is completing secondary education or a program leading to an equivalent credential; or,

B. The child is enrolled in an institution which provides post-secondary or vocational education; or,

C. The child is participating in a program or activity designed to promote, or remove barriers to, employment; or,

D. The child is employed for at least 80 hours per month; or,

E. The child is incapable of doing any of the above described activities due to a medical condition.

In addition, guardianship subsidy payments may also continue for a child up to the age of 21 if the State determines that the child has a mental or physical handicap that warrants the continuation of assistance. If the state determines the youth has a mental or physical handicap that warrants the continuation of the guardianship subsidy assistance up to the age of 21, that youth is not subject to the education and employment requirements listed above for youth ages 18-21. Requests for extension of subsidy agreements up to age 21 due to a mental or physical handicap must be submitted by the guardian(s) to the Subsidized Guardianship Coordinator or designee at least three (3) months prior to the termination of the current subsidy agreement. Such extension requests received after this time frame (to include after the youth has turned 18 but not yet reached the age of 21) may still be considered. However, any subsidy agreement that is extended past the age of 18 due to a mental or physical handicap will take effect on the date the new subsidy agreement reflecting the extension is signed. Any monthly subsidy payments that were not made between the end date of the initial subsidy agreement and the date of the new subsidy agreement reflecting a subsidy extension past age 18 will not be made retroactively.

The Division will ensure that the relatives or fictive kin receiving a subsidized guardianship payment on behalf of a child past the age of 18 provide documentation annually that the child meets the employment or education requirements listed above up to the age of 21. If a child is incapable of meeting the above referenced education or employment requirements due to a medical condition or has a mental or physical handicap(s), the reason for which the child is incapable of meeting the education or employment requirements must be documented by a medical professional and updated annually until the child reaches 21 years of age.

When siblings are placed together in a subsidized guardianship arrangement, the subsidized guardianship payments will be paid on behalf of each of the siblings. The sibling of a child eligible for subsidized guardianship does not need to meet any subsidized guardianship eligibility requirements him or herself.

A. The needs of the child as supported by accompanying documentation (the rate should not be linked to the means of the prospective relative or fictive kin guardians);

B. The subsidized guardianship payment shall not exceed the foster care board payment that would have been paid on that child's behalf if he or she had remained in a foster family home. Any child receiving a subsidized guardianship payment may have his or her guardianship subsidy adjusted per Arkansas rate structure based on the child's age or the child's special needs. The subsidy shall not be greater than the amount which the child would have received had the child remained in a foster family home.

C. The relative or fictive kin guardians may not draw both an SSI payment and a subsidized guardianship payment. The relatives or fictive kin shall determine which form of assistance best meets the needs of the child.

D. The relative or fictive kin guardians may draw both a Title II SSA payment and a subsidized guardianship payment but the total amount of the combined payments may not exceed the child's foster care board payment.

E. Any conserved funds in a child's trust account shall not affect a child's subsidized guardianship eligibility or payments. However, the DCFS Eligibility Unit shall close any trust account(s) when a child exits care. The administering agency of the trust account will redistribute the funds per its respective regulations after any board payments, contract reimbursements, and/or overpayments are deducted from the account balance prior to close out.

In addition to the monthly subsidized guardianship payments, approved relative or fictive kin guardian(s) of a child eligible for the Subsidized Guardianship Program will also receive funding for the total cost of nonrecurring expenses related to obtaining legal guardianship up to $2,000 per child. The majority of legal services should be provided by the DHS Office of Chief Counsel (OCC) which would not incur legal fees upon the relative or fictive kin guardians.

The relative or fictive kin guardian(s) are required to inform the Division of circumstances that would make them ineligible for subsidized guardianship payments or eligible for payments in a different amount (e.g., if the child becomes eligible for and begins receiving SSA payments). The relative or fictive kin guardian(s) must also notify the Division of any change of address. Any subsidized guardianship payment will remain in effect without regard to the State of residence of the relative or fictive kin guardian(s).

A. DCFS Subsidized Guardianship Coordinator or designee

B. DCFS Foster Care Manager or designee

C. DCFS Adoption Manager or designee

D. DCFS Director or designee in cases involving special subsidy requests

If the Subsidized Guardianship Oversight Committee verifies that all Subsidized Guardianship Program eligibility and case plan criteria have been met, DHS may then petition the court for a guardianship hearing to finalize the guardianship and subsidized guardianship agreement.

A. The amount of, and manner in which, each subsidized guardianship payment will be provided under the agreement (subsidized guardianship payment should not exceed the amount of the child's foster care board payment unless special circumstances related to the child's care warrant a special subsidy rate);

B. That (and the manner in which) the payment may be adjusted periodically, in consultation with the relative or fictive kin guardian(s), based on the circumstances of the relative or fictive kin guardian and the needs of the child;

C. The additional services and assistance that the child and relative or fictive kin guardian(s) will be eligible for under the agreement including Medicaid coverage that may be available through the DCFS Eligibility Unit or, in the case of non-IV-E children, through the local DHS county office;

D. The procedure by which the relative or fictive kin guardian(s) may apply for additional services needed;

E. That the Division will pay the total cost of nonrecurring expenses associated with obtaining legal guardianship of the child/youth up to $2,000;

F. That the child shall retain eligibility for federal adoption assistance payments under Title IV-E, provided he or she was eligible when the subsidized guardianship agreement was negotiated, if the guardian later decides to adopt the child;

G. That the agreement will become effective upon the entering of a court order granting guardianship of the child to the guardian(s);

H. That the agreement shall remain in effect without regard to State residency of the relative or fictive kin guardian;

I. That the relative or fictive kin guardian(s) are required to respond to guardianship agreement review requests from the Division so that the Division can file an annual report with the court as required in law;

J. Designated successor guardian(s), if desired, for the child in the event that the current relative or fictive kin guardian is no longer able to fulfill guardianship responsibilities.

A. If the child is absent from the relative or fictive kin guardian home for more than 14 days in a month (in such an event, the child will be eligible for only a portion of the month that he or she was in the relative or fictive kin guardian home) excluding when a child 18 or older lives in an approved independent living situation outside of the home (e.g., college dorm); or,

B. When the terms of the subsidized guardianship agreement are fulfilled; or,

C. If the child begins receiving SSI, SSA, or any other source of income excluding any income that the child may earn from his or her own employment (the relative or fictive kin guardian is responsible for notifying the Division if the child begins receiving other sources of income);

D. If the child has attained the age of 18 for those who entered into the subsidized guardianship arrangement prior to the age of 16; or,

E. If the child has attained the age of 21 for those who entered into the subsidized guardianship arrangement at the age of 16 or older; or,

F. If the child who has an extended subsidy (i.e., up to age 21) does not meet the education or employment conditions outlined above in the Subsidized Guardianship Payments section; or,

G. If the child who has extended subsidy (i.e., up to age 21) is no longer determined to have a mental or physical handicap which warrants the continuation of assistance; or,

H. If the child who has an extended subsidy (i.e., up to the age of 21), upon reaching the age of 18 years or older requests the guardianship be terminated; or,

I. If the child becomes an emancipated minor; or,

J. If the child marries; or,

K. If the child enlists in the military; or,

L. If the relative or fictive kin guardian(s) are no longer legally or financially responsible for the support of the child; or,

M. If the guardian(s) die; or,

N. If the guardianship is vacated; or,

O. If the child dies.

Subsidized guardianship payments may continue to be paid on behalf of the child if the child moves out of the relative or fictive kin guardian's home or otherwise lives independently of the guardian(s) as long as the guardian(s) continue to provide support to the child.

If a child whose relatives or fictive kin are receiving subsidized guardianship payments on his or her behalf re-enters DHS custody, the subsidized guardianship agreement will be terminated until such time that the child is reunified with the relative or fictive kin guardian(s), or, in certain cases until such time that a legal guardianship with the successor guardian is determined to be in the child's best interest, it is determined that the child and successor guardian qualify for a subsidized guardianship, and a new subsidized guardianship agreement with the successor guardian is finalized. A successor guardian is not entitled to any payments that would have been made to the initial guardian during the time a child spends in DHS custody. The successor guardian may only receive subsidized guardianship payments once the court has formally appointed the successor guardian as the child's legal guardian and the subsidized guardianship agreement is in effect.

A. Gather and review all relevant documentation to determine the child's eligibility for the Subsidized Guardianship Program.

B. Complete CFS-435-A: Subsidized Guardianship Program Application and Checklist with the child (if age appropriate), prospective relative or fictive kin guardians, and child's biological parents (if appropriate) to make the initial determination that the child and prospective or fictive kin relative guardians meet all subsidized guardianship eligibility requirements.

C. Update the case plan to reflect guardianship goal and other required program information (see Case Plan Requirements for Subsidized Guardianship in policy section above).

D. Submit the completed CFS-435-A to the FSW Supervisor for review and approval and attach any other documentation that would be important to the child's case (financial information, Special Board Rate Justification), but at minimum the following to complete the referral packet:

E. If the FSW Supervisor:

A. Conference with the FSW as to the appropriateness of a guardianship arrangement supported by a subsidy for the child with the prospective relative or fictive kin guardians.

B. Review the completed CFS-435-A: Subsidized Guardianship Application and Checklist and other required referral packet documentation.

C. Notify FSW of approval or denial to move forward with the subsidized guardianship arrangement.

D. Notify the Area Director of any approval or denial to move forward with a subsidized guardianship arrangement.

A. Review each submitted CFS-435-A: Subsidized Guardianship Program Application and Checklist and other supporting documentation to determine if the family meets the initial eligibility and case plan criteria to further pursue a subsidized guardianship arrangement.

B. Make the determination as to whether it is appropriate to continue pursuing the subsidized guardianship arrangement and either:

A. Complete and provide to the relative or fictive kin guardian applicant CFS-435-B: Notification of Subsidized Guardianship Program Denial.

B. Keep a copy of CFS-435-B: Notification of Subsidized Guardianship Program Denial in the DCFS Subsidized Guardianship Coordinator or designee's file.

C. Notify the FSW and FSW Supervisor of the decision.

D. Note in CHRIS contacts screen reason for subsidized guardianship denial.

E. Work with the family and county office, as appropriate, to determine the permanency goal that is in the child's best interest and/or how the child and/or relative or fictive kin guardian applicant may become eligible for a legal guardianship supported by a subsidy if appropriate.

A. Coordinate the subsidized guardianship determination meeting to discuss the potential subsidized guardianship arrangement and agreement within 14 days of receiving notification from the DCFS Subsidized Guardianship Coordinator or designee to move forward with pursuing a Subsidized Guardianship arrangement.

B. Arrange a date for the following participants to attend the family centered-meeting with a preference of at least 7 days' notice before the meeting date (though the meeting may take place earlier if all participants agree to an earlier date):

The following shall be invited to the meeting but attendance is not required:

C. If it is determined during the meeting that it is not appropriate for the family to move forward with the legal guardianship supported by a guardianship subsidy, see Procedure VIII-L2: Denial of Subsidized Guardianship Arrangement.

A. Conference with the FSW as needed.

B. Participate in the subsidized guardianship determination meeting.

C. Inform the Area Director of issues related to pursuing the subsidized guardianship arrangement for the child.

A. Facilitate the subsidized guardianship determination meeting.

B. Provide an overview of subsidized guardianship to ensure that all participants have a thorough understanding of the intent and requirements of the program.

C. Discuss the subsidy rate with the prospective relative or fictive kin guardians. The subsidy rate should not exceed the child's current foster care board payment.

D. If the prospective relative or fictive kin guardians inquire about a special subsidy rate (i.e., more than the child's current foster care board payment) due to special circumstances related to the youth's care, ask them to complete CFS-435-C: Subsidized Guardianship Special Subsidy Request and to provide the Division with a written statement from the child's physician or treatment professional that provides:

D. Inform the prospective relative or fictive kin guardians that any approved guardianship subsidy will be paid according to the terms outlined in the CFS-435-F: Subsidized Guardianship Agreement (which will not be effective until the court enters an order of guardianship) and may be modified at the annual review based on changes in policy or significant changes in the child's circumstances.

E. If determined during the subsidized guardianship determination meeting that it is appropriate for the family to move forward with the legal guardianship supported by a guardianship subsidy:

A. Meet to review and discuss all subsidized guardianship forms and supporting documentation within 14 calendar days of receiving the information from the DCFS Subsidized Guardianship Coordinator. This includes review of CFS-435-C: Subsidized Guardianship Special Subsidy Request and any documentation received from the family that would support the need for a special subsidy rate.

B. Verify that all subsidized guardianship eligibility and case plan criteria have been met.

C. Determine if a special subsidy rate is warranted, if requested.

A. Facilitate the Subsidized Guardianship Oversight Committee meeting.

B. Notify the FSW, FSW Supervisor, and Area Director of the Subsidized Guardianship Oversight Committee's verification regarding the subsidized guardianship arrangement and any special subsidy rate determination (if applicable):

A. If moving forward with the subsidized guardianship arrangement, request that the local OCC attorney petition the court to finalize the guardianship and the subsidized guardianship agreement by providing the OCC attorney with a copy of the CFS-435-A: Subsidized Guardianship Application and Checklist that includes the DCFS Subsidized Guardianship Coordinator or designee's signature.

B. If not moving forward with the subsidized guardianship arrangement:

A. Conference with the FSW as needed.

B. Inform the Area Director of issues related to pursuing the subsidized guardianship arrangement for the child.

A. Complete the CFS-435-D: Recommendation for Finalization of Guardianship and submit to the appropriate OCC attorney who will use the information on the form to prepare the guardianship petition.

B. Draft and complete the CFS-435-F: Subsidized Guardianship Agreement with the prospective guardians and FSW prior to the guardianship hearing.

C. Submit the CFS-435-F: Subsidized Guardianship Agreement to the Adoption's Manager or designee for review and approval.

D. Sign the CFS-435-F: Subsidized Guardianship Agreement.

A. Review the CFS-435-F: Subsidized Guardianship Agreement and approve or deny as appropriate.

B. Inform the DCFS Subsidized Guardianship Coordinator or designee of approval or denial.

A. Assist the DCFS Subsidized Guardianship Coordinator or designee in completing the CFS-435-F: Subsidized Guardianship Agreement with the prospective guardian(s) prior to the guardianship hearing.

B. Ensure all signatures required on the CFS-435-F: Subsidized Guardianship Agreement are obtained.

A. Conference with the FSW regarding decisions related to and preparation for the finalization of the subsidized guardianship agreement.

B. Inform the Area Director of issues related to pursuing the subsidized guardianship arrangement for the child.

A. Receive the confirmed guardianship hearing court date from the OCC attorney (if guardianship hearing date was not previously set).

B. Provide notice to the participants (e.g., foster parents, other relatives, etc.) at least 14 calendar days before the guardianship hearing. OCC will provide notice to parties to the legal case.

C. If siblings will not also be placed in the subsidized guardianship arrangement, make a recommendation to the court to allow visits between siblings and with other relatives (if in the best interest of the children). Document the recommendation in the court report.

D. Complete court report for the guardianship hearing and submit to supervisor for review.

E. Submit the CFS-6011: Court Report to the OCC Attorney within 14 calendar days prior to the hearing.

F. Document distribution of court reports to all parties or their attorneys and CASA, if applicable via the CFS-423: Certificate of Service.

G. Attend the hearing with the case file and be prepared to provide testimony regarding services offered or provided, progress, and recommendations to the court.

H. Present the completed CFS-435-F: Subsidized Guardianship Agreement to the court.

I. Once the court finalizes legal guardianship and the subsidized guardianship agreement with the relative or fictive kin guardians:

A. Conference with the FSW as needed.

B. Review and approve CFS-6011: Court Report.

C. Attend the guardianship hearing.

D. Inform the Area Director of issues related to the subsidized guardianship arrangement for the child.

A. End date the Foster Family Service on the Provider Service Tab selecting the appropriate Reason for End Date in CHRIS noting in the comment box on the Provider Services Tab that home was closed due to the parent(s) assuming legal guardianship of the child supported by guardianship subsidy.

A. Process the copy of the child's court decree and copy of the finalized CFS-435-F: Subsidized Guardianship Agreement to ensure continued Medicaid coverage for IV-E eligible children.

B. Close any trust account(s) when any child exits foster care.

A. Mail the relative guardians the CFS-435-G: Annual Progress Report and Subsidized Guardianship Agreement Review at least 60 calendar days before the anniversary date of the finalization of the family's Subsidized Guardianship Agreement with instructions to return in the provided envelope addressed to the Subsidized Guardianship Coordinator or designee:

B. Document in CHRIS date the CFS-435-G: Annual Progress Report and Subsidized Guardianship Agreement Review is mailed to the relative guardians.

C. If the family has not returned the completed CFS-435-G: Annual Progress Report and Subsidized Guardianship Agreement Review and required documentation within 30 calendar days from the date the form was mailed, contact the family by phone to ensure that said documents will be delivered to the DCFS Subsidized Guardianship Coordinator or designee within two weeks.

D. Review the completed CFS-435-G: Annual Progress Report and Subsidized Guardianship Agreement Review and related supporting documentation prior to the anniversary date of finalization of the family's subsidized guardianship agreement:

E. If relative or fictive kin guardian(s) does not submit CFS-435-G: Annual Progress Report and Subsidized Guardianship Agreement Review and/or requested documentation within the required timeframe:

A. Conference with the DCFS Subsidized Guardianship Coordinator or designee as needed regarding decisions related to annual reviews of subsidized guardianship arrangements.

B. Participate in meetings with the relative or fictive kin guardians and DCFS Subsidized Guardianship Coordinator or designee when discussing revisions to a subsidized guardianship agreement.

C. Submit any requests for an increase in a guardianship subsidy to the DCFS Director or designee for review.

A. Review requests for increases in subsidized guardianship payments and approve or deny as appropriate.

A. Notify the DCFS Subsidized Guardianship Coordinator that the child has re-entered care.

B. Consult with the DCFS Subsidized Guardianship Coordinator or designee and appropriate FSW supervisor as to whether:

C. If a subsidized guardianship arrangement with the successor guardian is determined to be appropriate, assign the appropriate Resource Worker to open the successor guardian's home as a provisional foster home per Policy VII: Development of Foster Homes.

D. If the successor guardian is determined not be an appropriate placement at that point in time, have the assigned FSW find an appropriate approved or licensed placement for the child per A.C.A. § 9-28-402.

A. If notified by the Area Director or designee, open the successor guardian's home as a provisional foster home per Policy VII: Development of Foster Homes.

B. Collaborate with the FSW to evaluate:

C. Support the relative or fictive kin throughout the process of becoming a provisional and regular DCFS foster home.

D. If and when legal guardianship is granted to the successor guardian, end date the Foster Family Service on the Provider Service Tab selecting the appropriate Reason for End Date in CHRIS noting in the comment box on the Provider Services Tab that home was closed due to the parent(s) assuming legal guardianship of the child supported by a guardianship subsidy.

A. Consult with the FSW, Area Director, and DCFS Subsidized Guardianship Coordinator as to whether a subsidized guardianship arrangement with the initial relative or fictive kin guardians (i.e., reunification) or with the successor guardian is in the child's best interest or if another permanency option is more appropriate.

B. Conference with the FSW on decisions regarding the child.

A. Consult with the FSW Supervisor, Area Director and DCFS Subsidized Guardianship Coordinator as to whether a subsidized guardianship arrangement with the initial relative or fictive kin guardians (i.e., reunification) or the successor guardian is in the child's best interest or if another permanency option is more appropriate.

B. If appropriate, request that the OCC attorney petition the court for a permanency planning hearing to review the child's case plan goal of legal guardianship supported by a guardianship subsidy with the successor guardian.

C. Follow Procedure VIII-L5: Subsidized Guardianship Agreement Finalization and Procedure VIII-L6: Guardianship Hearing for Subsidized Guardianship.

A. Consult with the FSW, FSW Supervisor, and Area Director as to whether a subsidized guardianship arrangement with the initial relative or fictive kin guardians (i.e., reunification) or the successor guardian is in the child's best interest or if another permanency option is more appropriate.

B. Follow Procedure VIII-L5: Subsidized Guardianship Agreement Finalization, Procedure VIII-L6: Guardianship Hearing for Subsidized Guardianship and VIII-L7: Annual Subsidized Guardianship Program Review as appropriate.

A. Direct the family to DHS Policy 1098 for information on administrative hearings if questions from the family are received (instructions regarding how to request an administrative hearing are included on CFS-435-H: Notice of Modification or Termination to Subsidized Guardianship Agreement).

B. Keep the family and Adoption's Manager or designee informed to any further proceedings related to the appeal request.