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

Current through Register Vol. 49, No. 6, June, 2024
POLICY VIII-L: SUBSIDIZED
				GUARDIANSHIP
01/2020
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 and fictive kin 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 or
				fictive kin 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 guardians who initially served as an
				approved relative or fictive kin foster home may apply for a guardianship
				subsidy. 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 A.C.A. §
								9-28-108:
				A relative means a person within the fifth degree of kinship by virtue of blood
				or adoption (the fifth degree is calculated according to the child). Fictive
				kin is defined as a person selected by the Department who is not related to a
				child by blood or marriage and has a strong, positive, and emotional tie or
				role in the child's life or the child's parent's life if the child is an
				infant.
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 or fictive kin 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 or fictive kin home. The
				guardianships for each child in the same relative or fictive kin 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 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).
CASE PLAN REQUIREMENTS FOR SUBSIDIZED
				GUARDIANSHIP
If legal guardianship with a relative or fictive kin is the
				intended permanency goal for a child and the relative or fictive kin
				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
			 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.
ADDITIONAL REQUIREMENTS FOR SUBSIDIZED GUARDIANSHIP WHEN
				PROPOSED GUARDIAN RESIDES OUT-OF-STATE
If a guardianship supported by a subsidy is being pursued with
				a relative or fictive kin who resides outside of Arkansas, that relative or
				fictive kin must identify a willing resident agent for service within Arkansas.
				The resident agent for service is a person who must accept service of any
				action or suit with respect to the guardianship, as applicable, on behalf of
				the out-of-state guardian. The resident agent of service must provide any
				action or suit with respect to the guardianship received as the resident agent
				to the out-of-state guardian. Any individual who agrees to serve as the
				resident agent for service must accept his or her designation in writing and
				this designation will be filed with the court.
SUBSIDIZED GUARDIANSHIP PAYMENTS
The Division will provide subsidized guardianship payments on
				behalf of eligible children and their siblings (when placed in the same
				relative or fictive kin home) to approved relatives or fictive kin 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 or fictive kin 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 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.
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 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).
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 or fictive kin 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 or fictive kin
				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 or fictive
				kin, the Division shall then determine if the child (and his or her siblings if
				applicable) and prospective relative or fictive kin guardian(s) may qualify for
				a subsidized guardianship. If the child's FSW believes the child and relative
				or fictive kin guardians may qualify based on the subsidized guardianship
				eligibility and case plan criteria, he or she will make a referral to the DCFS
				Subsidized Guardianship Coordinator or designee.
If the DCFS Subsidized Guardianship Coordinator 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 or fictive kin guardian(s) and ensure that eligibility and
				case plan criteria for the program are met. The DCFS Subsidized Guardianship
				Coordinator 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 Subsidized
				Guardianship Coordinator 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
			 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.
SUBSIDIZED GUARDIANSHIP AGREEMENT
Once guardianship with a specific relative or fictive kin 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 or fictive kin 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 or fictive
				kin 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 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.
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) In the event the initial relative or
			 fictive kin guardian dies or is otherwise incapacitated, placement with the
			 successor guardian identified in the initial guardianship agreement (or any
			 amendments to the agreement) may be pursued, as appropriate. After a new
			 guardianship subsidy agreement is signed by the successor guardian and DCFS and
			 the new guardianship is subsequently entered before the court, the subsidized
			 guardianship assistance payments will continue to the successor 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.