Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 15 - Children and Family Services › Rule 016.15.14-010 - Policy VIII-L: Subsidized Guardianship

Current through Register Vol. 49, No. 6, June, 2024
DCFS SUMMARY OF CHANGES FOR DECEMBER 2014 PROMULGATION
SUMMARY OF DCFS REGULAR PROMULGATION
The purpose of this regular promulgation is to make revisions
				to the Division's policies and procedures to comply with federal IV-E program
				instructions to:
* To update the definition of sibling to include an individual
				who is considered by state/tribal law to be a sibling or who would be
				considered a sibling under state/tribal law if it were not for the disruption
				of parental rights.
* To update information regarding payment of a guardianship
				subsidy to a successor guardian.
POLICY Vlll-L: SUBSIDIZED
				GUARDIANSHIP
07/2015
OVERVIEW
For children for whom a permanency goal of guardianship with a
				relative has been established, the Division offers a federal (title IV-E)
				Subsidized Guardianship Program to further promote permanency for those
				children (provided subsidized guardianship eligibility criteria are met). Any
				non-IV-E eligible child may enter into a subsidized guardianship supported by
				Arkansas State General Revenue if the Department determines that adequate
				funding is available and all other Subsidized Guardianship Program criteria are
				met. The monthly subsidized guardianship payment shall be used to help relative
				guardian(s) defray some costs of caring for the child's needs.
During permanency planning staffings guardianship should be
				explored as a potential permanency option. If it is determined at the
				permanency planning hearing that a guardianship arrangement with relatives is
				in the child's best interest and the child's permanency goal is changed to
				legal guardianship, the Division shall then determine if a specific
				guardianship arrangement may be supported by a subsidy through the Division's
				Subsidized Guardianship Program. Only relative guardians may apply for a
				guardianship subsidy. Relative is defined as a person within the fifth degree
				of kinship by virtue of blood or adoption (A.C.A. §
								9-28-108 ). The fifth degree is
				calculated according to the child.
When it is in the best interest of each of the children, the
				Division shall attempt to place siblings together in the same guardianship
				arrangement. Siblings may be related by biological, marital, or legal ties. A
				child who meets the eligibility criteria for a subsidized guardianship will
				qualify his or her siblings for subsidized guardianship as well provided the
				siblings are placed in the same relative home. The child who qualifies for a
				guardianship subsidy does not necessarily have to be placed at the same time as
				his or her siblings in the relative home. The guardianships for each child in
				the same relative home do not need to be finalized in any particular
				sequence.
ELIGIBILITY CRITERIA FOR SUBSIDIZED GUARDIANSHIP
A child is eligible for a subsidized guardianship in Arkansas
				if the Division determines that:
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 guardian(s) which is eligible to receive payments on
			 behalf of the child (i.e., the prospective relative 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 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 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.
			 Youth 12 and older sign 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).
CASE PLAN REQUIREMENTS FOR SUBSIDIZED GUARDIANSHIP
If legal guardianship with a relative is the intended
				permanency goal for a child and the relative guardian(s) intend to apply for a
				guardianship subsidy, the child's case plan shall include a description of the
				ways in which the child meets the eligibility requirements for a subsidized
				guardianship arrangement to include:
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
			 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 foster parent as
			 a more permanent alternative to legal guardianship and, in the case of a
			 relative 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 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.
SUBSIDIZED GUARDIANSHIP PAYMENTS
The Division will provide subsidized guardianship payments on
				behalf of eligible children and their siblings (when placed in the same
				relative home) to approved relatives who assume legal guardianship of the youth
				for whom they have cared as fully approved foster parents. Subsidized
				guardianship payments cannot be made prior to the transfer of guardianship. The
				prospective relative guardians will receive foster care board payments until
				the transfer of guardianship occurs.
For an eligible child entering a subsidized guardianship
				arrangement prior to reaching the age of 16 (and their siblings placed in the
				same home prior to the age of 16), the subsidized guardianship payment will
				cease when the child reaches the age of 18.
Any eligible child in foster care entering a subsidized
				guardianship arrangement at the age of 16 or older (and his or her siblings in
				the same home at 16 or older) is eligible for subsidized guardianship until he
				or she reaches 21 years of age provided at least one of the following criteria
				are met:
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 which warrants the continuation of
				assistance.
The Division will ensure that the relatives 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.
When determining the amount of each subsidized guardianship
				payment the following shall be considered:
A. The needs of the child as supported by
			 accompanying documentation (the rate should not be linked to the means of the
			 prospective relative 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 guardians may not draw both
			 an SSI payment and a subsidized guardianship payment. The relatives shall
			 determine which form of assistance best meets the needs of the child.
D. The relative 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 guardian(s) of a child eligible for the Subsidized
				Guardianship Program will also receive funding for the total cost of
				non-recurring 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
				Policy and Legal Services (OPLS) which would not incur legal fees upon the
				relative guardians.
The relative 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
				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 guardian(s).
MEDICAL COVERAGE FOR SUBSIDIZED GUARDIANSHIP
				ARRANGEMENTS
The Division will ensure health insurance coverage under
				Medicaid Title XIX for any IV-E eligible child (and their IV-E eligible
				siblings when placed in the same relative home) who receives a subsidized
				guardianship payment as the child must be eligible for and receiving IV-E
				guardianship subsidy payments in order to be categorically eligible for
				Medicaid. The subsidized guardianship agreement will indicate Medicaid coverage
				for IV-E eligible children.
A non-IV-E eligible child may qualify for certain Medicaid
				categories depending on the needs of the child. The relative guardian of a
				non-IV-E eligible child may apply for health insurance (e.g., AR Kids First)
				for the child through their local DHS county office. Coverage through the local
				DHS county office is not guaranteed and may only extend until the time the
				child reaches 19 years of age.
SUBSIDIZED GUARDIANSHIP PROGRAM DETERMINATION
The child's permanency planning staffing shall be the forum in
				which the determination regarding whether a guardianship arrangement is in the
				child's best interest (and his or her siblings if applicable).
If the child's permanency planning hearing results in a
				permanency goal of a legal guardianship with a specific relative, the Division
				shall then determine if the child (and his or her siblings if applicable) and
				prospective relative guardian(s) may qualify for a subsidized guardianship. If
				the child's FSW believes the child and relative guardians may qualify based on
				the subsidized guardianship eligibility and case plan criteria, he or she will
				make a referral to the DCFS Permanency Specialist or designee.
If the DCFS Permanency Specialist or designee agrees that the
				family is a candidate for subsidized guardianship, a family-centered subsidized
				guardianship determination meeting will be held. The purpose of the meeting is
				to explain the Subsidized Guardianship Program to the prospective relative
				guardian(s) and ensure that eligibility and case plan criteria for the program
				are met. The DCFS Permanency Specialist or designee will facilitate the
				family-centered subsidized guardianship determination meetings.
If it is determined that all Subsidized Guardianship Program
				eligibility and case plan criteria are satisfied, the decision shall be relayed
				to the Subsidized Guardianship Oversight Committee via the DCFS Permanency
				Specialist or designee. The Subsidized Guardianship Oversight Committee serves
				as an auditing entity to ensure all eligibility and case plan requirements have
				been met.
The Subsidized Guardianship Oversight Committee shall include,
				but is not limited to:
A.
			 DCFS Permanency Specialist 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.
SUBSIDIZED GUARDIANSHIP AGREEMENT
Once guardianship with a specific relative has been established
				as the child's permanency goal and then after the Division has determined that
				the guardianship may be supported by a guardianship subsidy, the family and the
				Division will finalize the subsidized guardianship agreement. A subsidized
				guardianship agreement, a written, binding agreement negotiated between the
				relative guardian(s), the Division and other relevant agencies, must be in
				place prior to the finalization of the legal guardianship supported by a
				subsidy. The prospective relative guardian(s) shall receive a copy of the
				agreement.
The subsidized guardianship agreement will specify:
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 guardian(s),
			 based on the circumstances of the relative guardian and the needs of the
			 child;
C. The additional services
			 and assistance that the child and relative 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 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
			 guardian;
I. That the relative
			 guardian(s) are required to respond to annual review requests from the
			 Division; J. That OPLS will file an annual report with the court;
K. Designated successor guardian(s), if
			 desired, for the child in the event that the current relative guardian is no
			 longer able to fulfill guardianship responsibilities.
1) Successor guardian(s) and all household
			 members within that individual's home must clear any applicable Child
			 Maltreatment Central Registry Checks, State Police Criminal Record Checks, and
			 a Vehicle Safety Check before being identified as a potential successor
			 guardian in the subsidized guardianship agreement.
a)
After a new guardianship
			 subsidy agreement is signed by the successor guardian and DCFS and the new
			 guardianship is entered before the court, the subsidized guardianship
			 assistance payments will continue to the successor guardian if the relative
			 guardian dies or is incapacitated and a successor guardian was named in the
			 subsidized guardianship agreement (or any amendments to the agreement) with the
			 initial relative guardian
.
However, the child must also continue to meet all subsidized
				guardianship eligibility criteria in order to move forward with a subsidized
				guardianship arrangement with the identified successor guardian.
ANNUAL PROGRESS REPORT and REVIEW of SUBSIDIZED GUARDIANSHIP
				AGREEMENT
An annual progress report and review of the subsidized
				guardianship agreement are required annually in order for the subsidized
				guardianship and subsidized guardianship payments of any amount or payment rate
				to continue. The progress report and review shall be conducted by the Division
				of Family Services (DCFS) Permanency Specialist or designee while the Office of
				Policy and Legal Services shall file the annual progress report with the court.
				An accounting of the guardianship subsidy is not required. Documentation of
				continued eligibility is required for the review. The subsidized guardianship
				payments granted at the time of review will reflect the child's current,
				documented level of need.
REVISION OR TERMINATION of SUBSIDIZED GUARDIANSHIP
				AGREEMENT
Revisions to the subsidized guardianship agreement and/or
				payments maybe 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,