Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 15 - Children and Family Services › Rule 016.15.13-004 - POLICY VIII-L: SUBSIDIZED GUARDIANSHIP and PROCEDURE VIII-L2: Denial of Subsidized Guardianship Arrangement

Current through Register Vol. 49, No. 6, June, 2024
Revisions to the subsidized guardianship agreement and/or
				payments may be requested any time there is a significant change in the child's
				circumstance and the relative guardian can provide the required and/or
				requested documentation. To request a revision to the subsidized guardianship
				agreement and/or payments, the family shall contact the DCFS Permanency
				Specialist or designee.
The subsidized guardianship agreement and, consequently
				the subsidized guardianship payments, shall be revised or terminated as
				appropriate:
A.
If the
			 child is absent from the relative 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 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 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 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 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 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 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.
PROCEDURE VIII-L2: Denial of Subsidized Guardianship
				Arrangement
08 /201
3
If at any point in time it is determined in consultation with
				the FSW supervisor and DCFS Permanency Specialist or designee that a legal
				guardianship supported by a subsidy is not appropriate for the child and/or
				relative guardian applicant, the
DCFS Permanency
				Specialist
will:
A.
			 Complete and provide to the relative guardian applicant CFS-435-B: Notification
			 of Subsidized Guardianship Program Denial.
B.
Keep
a copy of
			 CFS-435-B in the
DCFS Permanency Specialist'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 guardian applicant may become eligible for a
legal guardianship supported by a subsidy
				or