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9-8-204. Eligibility.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-8-204. Eligibility.
(a) A child is eligible for a guardianship subsidy if the Department of Human Services determines the following:
(1) The child has been removed from the custody of his or her parent or parents as a result of a judicial determination to the effect that continuation in the custody of the parent or parents would be contrary to the welfare of the child;
(2) The department is responsible for the placement and care of the child;
(3) Being returned home or being adopted is not an appropriate permanency option for the child;
(4) Permanent placement with a guardian is in the best interest of the child;
(5) The child demonstrates a strong attachment to the prospective guardian, and the guardian has a strong commitment to caring permanently for the child;
(6) With respect to a child who has attained fourteen (14) years of age, the child has been consulted regarding the guardianship;
(7)(A) The necessary degree of relationship exists between the prospective guardian and the child.
(B) For the purposes of determining eligibility for a guardianship subsidy, the necessary degree of relationship is satisfied by a relative or fictive kin as defined in § 9-28-108;
(8) The child is eligible for Title IV-E foster care maintenance payments, or the department determines that adequate funding is available for the guardianship subsidy for a child who is not Title IV-E eligible;
(9) The home of the prospective guardian complies with any applicable rules promulgated by the:
(A) Child Welfare Agency Review Board for foster home licensure; and
(B) Department for foster home approval; and
(10) While in the custody of the department, the child resided in the home of the prospective relative guardian for at least six (6) consecutive months after the p
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-8-204
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:9-8-204
Source file: gov.ar.code.title.09.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 5ef1d83847a22e2debae44944388cd69a5fb37a886d23dfb9649b376a24a6b25
Source location: content.xml paragraph 908
Stored source content
9-8-204. Eligibility.
(a) A child is eligible for a guardianship subsidy if the Department of Human Services determines the following:
(1) The child has been removed from the custody of his or her parent or parents as a result of a judicial determination to the effect that continuation in the custody of the parent or parents would be contrary to the welfare of the child;
(2) The department is responsible for the placement and care of the child;
(3) Being returned home or being adopted is not an appropriate permanency option for the child;
(4) Permanent placement with a guardian is in the best interest of the child;
(5) The child demonstrates a strong attachment to the prospective guardian, and the guardian has a strong commitment to caring permanently for the child;
(6) With respect to a child who has attained fourteen (14) years of age, the child has been consulted regarding the guardianship;
(7)(A) The necessary degree of relationship exists between the prospective guardian and the child.
(B) For the purposes of determining eligibility for a guardianship subsidy, the necessary degree of relationship is satisfied by a relative or fictive kin as defined in § 9-28-108;
(8) The child is eligible for Title IV-E foster care maintenance payments, or the department determines that adequate funding is available for the guardianship subsidy for a child who is not Title IV-E eligible;
(9) The home of the prospective guardian complies with any applicable rules promulgated by the:
(A) Child Welfare Agency Review Board for foster home licensure; and
(B) Department for foster home approval; and
(10) While in the custody of the department, the child resided in the home of the prospective relative guardian for at least six (6) consecutive months after the prospective guardian's home was opened as a foster home.
(b) A child who was previously determined by the department to be eligible for an initial guardianship subsidy under subsection (a) of this section may receive a subsequent guardianship subsidy when:
(1) A guardianship subsidy agreement under subsection (a) of this section was signed by the department and the initial relative guardian;
(2) The relative guardian has died or is incapacitated after the effective date of the guardianship subsidy agreement;
(3) A successor guardian is named in the guardianship assistance agreement or an amendment to the agreement;
(4) The department determines the successor guardian meets the necessary degree of relationship between the successor guardian and the child and the safety requirements in state and federal rules and regulations and department policy; and
(5) A new guardianship subsidy agreement is signed by the successor guardian and the department before the entry of a successor guardianship.
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Arkansas Code — all titles (historical 2020) · legal_authorities
9-28-108. Placement of juveniles — Definitions.
(a) As used in this section:
(1) “Fictive kin” means a person selected by the Division of Children and Family Services who:
(A) Is not related to a child by blood or marriage; and
(B) Has a strong, positive, and emotional tie or role in the:
(i) Child's life; or
(ii) Child's parent's life if the child is an infant; and
(2) “Relative” means a person within the fifth degree of kinship by virtue of blood or adoption.
(b)(1)(A) After the Department of Human Services removes a juvenile or the circuit court grants custody of the juvenile to the department, the juvenile shall be placed in a licensed or approved foster home, shelter, or facility or an exempt child welfare agency, as defined under § 9-28-402.
(B) For a juvenile placed out of state, the placement shall be approved under the Interstate Compact on the Placement of Children, § 9-29-201 et seq.
(2) When it is in the best interest of each of the juveniles, the department shall attempt to place:
(A) A sibling group together while they are in foster care and adoptive placement; and
(B) An infant of a minor mother together with the minor mother in foster care.
(c)(1) A relative of a juvenile placed in the custody of the department shall be given preferential consideration for placement if:
(A) The relative meets all required child protection standards; and
(B) It is in the best interest of the juvenile to be placed with the relative.
(2) Placement or custody of a juvenile in the home of a relative or other person shall not relieve the department of its responsibility to actively implement the goal of the case.
(3) If a relative or other person inquires about the placement of a juvenile in his or her home, the department shall discuss the fo
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-28-108
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 9-28-108. This identifies an authority to review, not proof of applicability.