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9-9-410. Subsidy agreements — Duration.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-9-410. Subsidy agreements — Duration.
(a)(1) The subsidy agreement shall be binding and constitute an obligation against the State of Arkansas until the adopted child reaches the age of eighteen (18) years or the benefits available to him or her under the subsidy agreement are provided by other state or federal programs or the adoptive parents no longer qualify for a subsidy under the current rules for subsidized adoptions.
(2)(A) The adoptive parents shall immediately notify the Department of Human Services when the adopted child is no longer under the care of the adoptive parents.
(B) The department shall review the adoption subsidy agreement and determine if the adoption subsidy shall be terminated when the adoptive parent is no longer legally responsible for providing care and support for the adopted child.
(b) If funding for the subsidized program is discontinued, all contracts that have been executed under this section and §§ 9-9-408 and 9-9-411 shall continue to be honored and shall be a valid claim against the State of Arkansas in keeping with the original subsidy agreement as long as eligibility for the subsidy continues under § 9-9-411.
(c) The subsidy agreement may be extended until the age of twenty-one (21) years if the child has a documented disability or condition that prevents the child from existing independently from the adoptive family. To be eligible for the extended subsidy, the family of the child must have applied for supplemental security income benefits prior to the child's turning eighteen (18) years and have been denied.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-9-410
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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Stable record: arkansas_code:legal_authorities:9-9-410
Source file: gov.ar.code.title.09.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 6df9e6ee53ed821a6a57dd3a75ef6a48c66ffc189749250e9a510d158650b505
Source location: content.xml paragraph 2342
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9-9-410. Subsidy agreements — Duration.
(a)(1) The subsidy agreement shall be binding and constitute an obligation against the State of Arkansas until the adopted child reaches the age of eighteen (18) years or the benefits available to him or her under the subsidy agreement are provided by other state or federal programs or the adoptive parents no longer qualify for a subsidy under the current rules for subsidized adoptions.
(2)(A) The adoptive parents shall immediately notify the Department of Human Services when the adopted child is no longer under the care of the adoptive parents.
(B) The department shall review the adoption subsidy agreement and determine if the adoption subsidy shall be terminated when the adoptive parent is no longer legally responsible for providing care and support for the adopted child.
(b) If funding for the subsidized program is discontinued, all contracts that have been executed under this section and §§ 9-9-408 and 9-9-411 shall continue to be honored and shall be a valid claim against the State of Arkansas in keeping with the original subsidy agreement as long as eligibility for the subsidy continues under § 9-9-411.
(c) The subsidy agreement may be extended until the age of twenty-one (21) years if the child has a documented disability or condition that prevents the child from existing independently from the adoptive family. To be eligible for the extended subsidy, the family of the child must have applied for supplemental security income benefits prior to the child's turning eighteen (18) years and have been denied.
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Arkansas Code — all titles (historical 2020) · legal_authorities
9-9-408. Subsidy agreement required — Commencement of subsidy.
(a) When parents are found and approved for adoption of a child certified as eligible for a subsidy and before the final decree of adoption is issued, there must be a written agreement between the family entering into the subsidized adoption and the Department of Human Services.
(b)(1) Adoption subsidies, the amount of which in individual cases shall be determined through agreement between the adoptive parents and the department but shall be no more than the current foster care board rate, may commence with the adoption placement or at the appropriate time after the adoption decree and may vary with the circumstances of the adopting parents and the needs of the child as well as the availability of other resources to meet the child's needs.
(2)(A) In the case of the special needs child whose eligibility is based on a high risk for development of a serious physical, mental, developmental, or emotional condition, the adoption subsidy agreement shall not provide for an adoption subsidy until the child actually develops the condition.
(B) A subsidy payment shall not be made until adequate documentation is submitted by the adoptive parents to the department showing that the child has now developed the condition.
(C) Upon acceptance by the department that the child has developed the condition, the adoption subsidy shall be retroactive to the date the adoptive parents submitted adequate documentation that the child developed the condition.
(c)(1) When a child is determined to have a causative preexisting condition which was not identified or known prior to the final decree of adoption and which has resulted in a severe medical or psychiatric condition that requires extensive treatment, hospitalization, o
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-9-408
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 9-9-408. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-9-411. Subsidy agreements — Renewal, termination, or modification.
(a)(1)(A) When subsidies are for more than one (1) year, the adoptive parents shall present an annual sworn certification that the adopted child remains under their care and that the condition that caused the child to be certified continues to exist.
(B) An adoptive parent commits the offense of providing a false statement if the adoptive parent certifies that the adopted child remains under the adoptive parent's care knowing the certification to be false.
(C) Providing a false statement under this subsection is a Class A misdemeanor.
(2) The subsidy agreement may be continued in accordance with the terms by entering into a new agreement each year but only as long as the adopted child is the legal dependent of the adoptive parents and the child's condition continues, except that, in the absence of other appropriate resources provided by law and in accordance with Arkansas rules, it may not be continued after the adopted child reaches majority.
(b) Termination or modification of the subsidy agreement may be requested by the adoptive parents at any time.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-9-411
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 9-9-411. This identifies an authority to review, not proof of applicability.