016-15-11 Ark. Code R. § 8

Current through Register Vol. 49, No. 6, June, 2024

Rule 016.15.11-008 - Changes to Policy and Publications: Clarify eligibility requirements and payment structure for Subsidized Guardianship; update glossary; adjust form numbers for overall categorization; develop juvenile notification forms

DCFS SUMMARY OF CHANGES FOR DECEMBER 2011 PROMULGATION

SUMMARY OF DCFS REGULAR PROMULGATION

The purpose of this regular promulgation is to make revisions to policy and publications in order to clarify eligibility requirements and payment structure for Subsidized Guardianship; to update the glossary by adding further explanation of the definitions of "school" and "school officials"; to adjust form numbers in order to improve overall categorization of forms; to develop juvenile notification forms to better align with A.C.A. § 12-18-703.

Revised

* Policy VIII-L: Subsidized Guardianship

* Clarified eligibility requirements and payment structure per the Administration of Children and Family's request

* Procedure XIV-A4: Notices of True Investigative Findings

* Revised to include references to new and revised notification forms

* Procedure XIV-A5: Notices of Unsubstantiated Allegations of Child Maltreatment

* Revised to include references to new and revised notification forms

* Appendix I: Glossary

* Added further explanation of "school official" and definition of "school"

* CACD-222-T: Child Maltreatment True Investigative Determination Notice to Facility Director

* Changed form number only (from CACD-223-T) to improve overall categorization and organization of forms

* CACD-223-T4: Child Maltreatment True Investigative Determination Notice to Alleged Juvenile Offender (if currently age 18 or older)

* Changed from number (from CACD-224-T4) to improve overall categorization and organization of forms

* Added specifications related to at what age offender committed maltreatment

* CACD-224-T1: Child Maltreatment True Investigative Determination Notice to Legal Parents and Legal Guardians of Underaged Juvenile Offender (under 13 years old)

* Changed form number (from CACD-224-T2) to improve overall categorization and organization of forms

* Added information that an administrative hearing may be requested even though child's name will not be placed on Central Registry

* CACD-224-T2: Child Maltreatment True Investigative Determination Notice to Legal Parents and Legal Guardians of Alleged Juvenile Offender 13 through 15 Years of Age

* Changed form number (from CACD-224-T5) to improve overall categorization and organization of forms

* Added explanation of administrative hearing process for juveniles who are criminally convicted or adjudicated delinquent based on the same set of facts in report (thereby creating only one form for any juvenile offender ages 13-15)

* CACD-224-T3: Child Maltreatment True Investigative Determination Notice to Legal Parents or Legal Guardians of the Alleged Juvenile Offender (16 through 17 Years of Age)

* Changed form number (from CACD-224-T1) to improve overall categorization and organization of forms

* Added information about possibility of a supportive services case or a protective services case being opened for the family

* CFS-222-T: Child Maltreatment True Investigative Determination Notice to Facility Director

* Changed form number only (from CFS-223-T) to improve overall categorization and organization of forms

* CFS-223-T4: Child Maltreatment True Investigative Determination Notice to Alleged Juvenile Offender (if currently age 18 or older)

* Changed from number (from CFS-224-T4) to improve overall categorization and organization of forms

* Added specifications related to at what age offender committed maltreatment

* CFS-224-T1: Child Maltreatment True Investigative Determination Notice to Legal Parents and Legal Guardians of Underaged Juvenile Offender (under 13 years old)

* Changed form number (from CFS-224-T2) to improve overall categorization and organization of forms

* Added information that an administrative hearing may be requested even though child's name will not be placed on Central Registry

* CFS-224-T2: Child Maltreatment True Investigative Determination Notice to Legal Parents and Legal Guardians of Alleged Juvenile Offender 13 through 15 Years of Age

* Changed form number (from CFS-224-T5) to improve overall categorization and organization of forms

* Added explanation of administrative hearing process for juveniles who are criminally convicted or adjudicated delinquent based on the same set of facts in report (thereby creating only one form for any juvenile offender ages 13-15)

* CFS-224-T3: Child Maltreatment True Investigative Determination Notice to Legal Parents or Legal Guardians of the Alleged Juvenile Offender (16 through 17 Years of Age)

* Changed form number (from CFS-224-T1) to improve overall categorization and organization of forms

* Added information about possibility of a supportive services case or a protective services case being opened for the family

* CFS-224-T4: Child Maltreatment True Investigative Determination Notice to Current Foster Parents of the Alleged Offender in Foster Care

* Changed form number only (from CFS-224-T3) to improve overall categorization and organization of forms

* CFS-428-A: Adoption Assistance Agreement for State Funded Subsidy Payments

* Clarified that agreement will remain in effect until the child's eighteenth (18^th) birthday (as opposed to one year only) unless termination of the Agreement occurs

* CFS-446: In Home Consultation Visit Report

* Added information regarding date of provisional placement if applicable and questions regarding applicant's training time preference

New Rule

All of the following forms were developed to better align with A.C.A. § 12-18-703:

* CACD-223-T1: Child Maltreatment True Investigative Determination Notice to Underaged Juvenile Offender (under 13 years old)

* CACD-223-T2: Child Maltreatment True Investigative Determination Notice to Alleged Juvenile Offender 13 -15 Years of Age

* CACD-223-T3: Child Maltreatment True Investigative Determination Notice to Alleged Juvenile Offender 16-17 Years of Age

* CACD-240-U1: Unsubstantiated Child Maltreatment Investigative Determination to Alleged Underaged Juvenile Offender (Under 13 years old)

* CACD-240-U2: Unsubstantiated Child Maltreatment Investigative Determination to Alleged Juvenile Offender (13-17 years of age)

* CFS-223-T1: Child Maltreatment True Investigative Determination Notice to Underaged Juvenile Offender (under 13 years old)

* CFS-223-T2: Child Maltreatment True Investigative Determination Notice to Alleged Juvenile Offender 13 -15 Years of Age

* CF5-223-T3: Child Maltreatment True Investigative Determination Notice to Alleged Juvenile Offender 16-17 Years of Age

* CFS-240-U1: Unsubstantiated Child Maltreatment Investigative Determination to Alleged Underaged Juvenile Offender (Under 13 years old)

* CFS-240-U2: Unsubstantiated Child Maltreatment Investigative Determination to Alleged Juvenile Offender (13-17 years of age)

QUESTIONNAIRE FOR FILING PROPOSED RULES AND REGULATIONS WITH THE ARKANSAS LEGISLATIVE COUNCIL AND JOINT INTERIM COMMITTEE

DEPARTMENT/AGENCY: Department of Human Services

DIVISION: Division of Children and Family Services

DIVISION DIRECTOR: Cecile Blucker

CONTACT PERSON: Christin Harper, Policy & Professional Development Administrator

ADDRESS: P. O. Box 1437, Slot S570, Little Rock, AR 72203-1437

PHONE NUMBER: (501) 682-8541 / FAX (501) 683-4854

E-MAIL: christin.harper@arkansas.gov

NAME OF PRESENTER AT COMMITTEE MEETING: Christin Harper

E-MAIL: christin.harper@arkansas.gov

INSTRUCTIONS

A. Please make copies of this form for future use.

B. Please answer each question completely using layman terms. You may use additional sheets, if necessary.

C. If you have a method of indexing your rules, please give the proposed citation after "Short Title of this Rule" below.

D. Submit 2 copies of this questionnaire and financial impact statement attached to the front of 2 copies of the proposed rule and required documents. Mail or deliver to:

Donna K. Davis

Subcommittee on Administrative Rules and Regulations

Arkansas Legislative Council

One Capitol Mall, 5th Floor

Little Rock, AR 72201

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1. What is the short title of this rule?

Revisions to DCFS Policy and Publications including:

* Clarifications to Policy VIII-L: Subsidized Guardianship regarding eligibility requirements and payment structure per Administration for Children and Families' request

* Additions of "school official" and "school" to Appendix I: Glossary

* Revised and new notification forms for juvenile offenders

* Revisions to Procedure XIV-A4: Notices of True Investigative Findings and Procedure XIV-A5: Notices of Unsubstantiated Allegations of Child Maltreatment to include references to revised and new notification forms for juvenile offenders

* Clarification on Adoption Assistance Agreement for State Funded Subsidies that agreement will remain in effect until the child's eighteenth (18^th) birthday (as opposed to one year only)

* Questions added on form for In Home Consultation Visits to collect information on provisional placement date (if applicable) and applicant's training time preference

2. What is the subject of the proposed rule?

Revised Rule

* Policy VIII-L: Subsidized Guardianship

* Procedure XIV-A4: Notices of True Investigative Findings

* Procedure XIV-A5: Notices of Unsubstantiated Allegations of Child Maltreatment

* Appendix I: Glossary

* CACD-222-T: Child Maltreatment True Investigative Determination Notice to Facility Director

* CACD-223-T4: Child Maltreatment True Investigative Determination Notice to Alleged Juvenile Offender (if currently age 18 or older)

* CACD-224-T1: Child Maltreatment True Investigative Determination Notice to Legal Parents and Legal Guardians of Underaged Juvenile Offender (under 13 years old)

* CACD-224-T2: Child Maltreatment True Investigative Determination Notice to Legal Parents and Legal Guardians of Alleged Juvenile Offender 13 through, 15 Years of Age

* CACD-224-T3: Child Maltreatment True Investigative Determination Notice to Legal Parents or Legal Guardians of the Alleged Juvenile Offender (16 through 17 Years of Age)

* CFS-222-T: Child Maltreatment True Investigative Determination Notice to Facility Director

* CFS-223-T4: Child Maltreatment True Investigative Determination Notice to Alleged Juvenile Offender (if currently age 18 or older)

* CFS-224-T1: Child Maltreatment True Investigative Determination Notice to Legal Parents and Legal Guardians of Underaged Juvenile Offender (under 13 years old)

* CFS-224-T2: Child Maltreatment True Investigative Determination Notice to Legal Parents and Legal Guardians of Alleged Juvenile Offender 13 through 15 Years of Age

* CFS-224-T3: Child Maltreatment True Investigative Determination Notice to Legal Parents or Legal Guardians of the Alleged Juvenile Offender (16 through 17 Years of Age)

* CFS-224-T4: Child Maltreatment True Investigative Determination Notice to Current Foster Parents of the Alleged Offender in Foster Care

* CFS-428-A: Adoption Assistance Agreement for State Funded Subsidy Payments

* CFS-446: In Home Consultation Visit Report

New Rule

* CACD-223-T1: Child Maltreatment True Investigative Determination Notice to Underaged Juvenile Offender (under 13 years old)

* CACD-223-T2: Child Maltreatment True Investigative Determination Notice to Alleged Juvenile Offender 13 -15 Years of Age

* CACD-223-T3: Child Maltreatment True Investigative Determination Notice to Alleged Juvenile Offender 16-17 Years of Age

* CACD-240-U1: Unsubstantiated Child Maltreatment Investigative Determination to Alleged Underaged Juvenile Offender (Under 13 years old)

* CACD-240-U2: Unsubstantiated Child Maltreatment Investigative Determination to Alleged Juvenile Offender (13-17 years of age)

* CFS-223-T1: Child Maltreatment True Investigative Determination Notice to Underaged Juvenile Offender (under 13 years old)

* CFS-223-T2: Child Maltreatment True Investigative Determination Notice to Alleged Juvenile Offender 13 -15 Years of Age

* CFS-223-T3: Child Maltreatment True Investigative Determination Notice to Alleged Juvenile Offender 16-17 Years of Age

* CFS-240-U1: Unsubstantiated Child Maltreatment Investigative Determination to Alleged Underaged Juvenile Offender (Under 13 years old)

* CFS-240-U2: Unsubstantiated Child Maltreatment Investigative Determination to Alleged Juvenile Offender (13-17 years of age)

3. Is this rule required to comply with federal statute or regulations? Yes [X] No [] If yes, please provide the federal regulation and/or statute citation.

Only the revisions to the rule regarding POLICY VIII-L: Subsidized Guardianship are required to comply with federal regulations ACYF-CB-PI 10-01. The remainder of the revised and new rules are not required to comply with federal statute or regulations.

4. Was this rule filed under the emergency provisions of the Administrative Procedure Act? Yes [] No [X] If yes, what is the effective date of the emergency rule?

When does the emergency rule expire?

Will this emergency rule be promulgated under the permanent provisions of the Administrative Procedure Act? Yes [] No []

5. Is this a new rule? Yes No O If yes, provide a brief summary explaining the regulation.

Does this repeal an existing rule? Yes [] No [X] If yes, a copy of the repealed rule is to be included with your completed questionnaire. If it is being replaced with a new rule, please provide a summary of the rule giving an explanation of what the rule does.

Is this an amendment to an existing rule? Yes [X] No []If yes, please attach a mark-up showing the changes in the existing rule and a summary of the substantive changes. Note: The summary should explain what the amendment does, and the mark-up should be clearly labeled "mark-up."A mark-up and summary of substantive changes are attached. See #7

6. Cite the state law that grants the authority for this proposed rule? If codified, please give Arkansas Code citation.

A.C.A. § 9-28-103

7. What is the purpose of this proposed rule? Why is it necessary?

* Policy VIII-L: Subsidized Guardianship

* Clarified eligibility requirements and payment structure per the Administration of Children and Family's request

* Procedure XIV-A4: Notices of True Investigative Findings

* Revised to include references to new and revised notification forms

* Procedure XIV-A5: Notices of Unsubstantiated Allegations of Child Maltreatment

* Revised to include references to new and revised notification forms

* Appendix I: Glossary

* Added further explanation of "school official" and definition of "school"

* CACD-222-T: Child Maltreatment True Investigative Determination Notice to Facility Director

* Changed form number only (from CACD-223-T) to improve overall categorization and organization of forms

* CACD-223-T4: Child Maltreatment True Investigative Determination Notice to Alleged Juvenile Offender (if currently age 18 or older)

* Changed from number (from CACD-224-T4) to improve overall categorization and organization of forms

* Added specifications related to at what age offender committed maltreatment

* CACD-224-T1: Child Maltreatment True Investigative Determination Notice to Legal Parents and Legal Guardians of Underaged Juvenile Offender (under 13 years old)

* Changed form number (from CACD-224-T2) to improve overall categorization and organization of forms

* Added information that an administrative hearing may be requested even though child's name will not be placed on Central Registry

* CACD-224-T2: Child Maltreatment True Investigative Determination Notice to Legal Parents and Legal Guardians of Alleged Juvenile Offender 13 through 15 Years of Age

* Changed form number (from CACD-224-T5) to improve overall categorization and organization of forms

* Added explanation of administrative hearing process for juveniles who are criminally convicted or adjudicated delinquent based on the same set of facts in report (thereby creating only one form for any juvenile offender ages 13-15)

* CACD-224-T3: Child Maltreatment True Investigative Determination Notice to Legal Parents or Legal Guardians of the Alleged Juvenile Offender (16 through 17 Years of Age)

* Changed form number (from CACD-224-T1) to improve overall categorization and organization of forms

* Added information about possibility of a supportive services case or a protective services case being opened for the family

* CFS-222-T: Child Maltreatment True Investigative Determination Notice to Facility Director

* Changed form number only (from CFS-223-T) to improve overall categorization and organization of forms

* CFS-223-T4: Child Maltreatment True Investigative Determination Notice to Alleged Juvenile Offender (if currently age 18 or older)

* Changed from number (from CFS-224-T4) to improve overall categorization and organization of forms

* Added specifications related to at what age offender committed maltreatment

* CFS-224-T1: Child Maltreatment True Investigative Determination Notice to Legal Parents and Legal Guardians of Underaged Juvenile Offender (under 13 years old)

* Changed form number (from CFS-224-T2) to improve overall categorization and organization of forms

* Added information that an administrative hearing may be requested even though child's name will not be placed on Central Registry

* CFS-224-T2: Child Maltreatment True Investigative Determination Notice to Legal Parents and Legal Guardians of Alleged Juvenile Offender 13 through 15 Years of Age

* Changed form number (from CFS-224-T5) to improve overall categorization and organization of forms

* Added explanation of administrative hearing process for juveniles who are criminally convicted or adjudicated delinquent based on the same set of facts in report (thereby creating only one form for any juvenile offender ages 13-15)

* CFS-224-T3: Child Maltreatment True Investigative Determination Notice to Legal Parents or Legal Guardians of the Alleged Juvenile Offender (16 through 17 Years of Age)

* Changed form number (from CFS-224-T1) to improve overall categorization and organization of forms

* Added information about possibility of a supportive services case or a protective services case being opened for the family

* CFS-224-T4: Child Maltreatment True Investigative Determination Notice to Current Foster Parents of the Alleged Offender in Foster Care

* Changed form number only (from CFS-224-T3) to improve overall categorization and organization of forms

* CFS-428-A: Adoption Assistance Agreement for State Funded Subsidy Payments

* Clarified that agreement will remain in effect until the child's eighteenth (18^th) birthday (as opposed to one year only) unless termination of the Agreement occurs

* CFS-446: In Home Consultation Visit Report

* Added information regarding date of provisional placement if applicable and questions regarding applicant's training time preference

New Rule

All of the following forms were developed to better align with A.C.A. § 12-18-703:

* CACD-223-T1: Child Maltreatment True Investigative Determination Notice to Underaged Juvenile Offender (under 13 years old)

* CACD-223-T2: Child Maltreatment True Investigative Determination Notice to Alleged Juvenile Offender 13 -15 Years of Age

* CACD-223-T3: Child Maltreatment True Investigative Determination Notice to Alleged Juvenile Offender 16-17 Years of Age

* CACD-240-U1: Unsubstantiated Child Maltreatment Investigative Determination to Alleged Underaged Juvenile Offender (Under 13 years old)

* CACD-240-U2: Unsubstantiated Child Maltreatment Investigative Determination to Alleged Juvenile Offender (13-17 years of age)

* CFS-223-T1: Child Maltreatment True Investigative Determination Notice to Underaged Juvenile Offender (under 13 years old)

* CFS-223-T2: Child Maltreatment True Investigative Determination Notice to Alleged Juvenile Offender 13 -15 Years of Age

* CFS-223-T3: Child Maltreatment True Investigative Determination Notice to Alleged Juvenile Offender 16-17 Years of Age

* CFS-240-U1: Unsubstantiated Child Maltreatment Investigative Determination to Alleged Underaged Juvenile Offender (Under 13 years old)

* CFS-240-U2: Unsubstantiated Child Maltreatment Investigative Determination to Alleged Juvenile Offender (13-17 years of age)

8. Please provide the address where this rule is publicly accessible in electronic form via the Internet as required by Arkansas Code § 25-19-108(b).

AR Secretary of State Website

DHS/DCFS CHRIS public:

https://ardhs.sharepointsite.net/CW/Notice%20of%20Rule%20Making/Forms/Allltems.aspx

8. Will a public hearing be held on this proposed rule? Yes [] No [X]

9. When does the public comment period expire for permanent promulgation? January 12, 2012

10. What is the proposed effective date of this proposed rule? February 20, 2012

11. Do you expect this rule to be controversial? Yes [] No [X] If yes, please explain.

12. Please give the names of persons, groups, or organizations that you expect to comment on these rules? Please provide their position (for or against) if known.

We do not know of any specific groups of persons who would comment.

POLICY VIII-L: SUBSIDIZED GUARDIANSHIP

02/2012

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 qualifies for 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 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 children 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 or the child's mental or physical handicap(s) 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 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 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 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 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 of 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 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 OCC will file an annual report with the court;

K. A designated successor guardian, if desired, for the child in the event that the current relative guardian is no longer able to fulfill guardianship responsibilities. A successor guardian 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.

Identification of a successor guardian in the subsidized guardianship agreement will not guarantee an automatic transfer of guardianship in the event that the current relative guardian is no longer able to fulfill guardianship responsibilities. In order for the successor guardian to assume guardianship, he or she must follow all policies and procedures regarding subsidized guardianship arrangements. This includes becoming an approved DCFS foster home placement for the child (if appropriate at that point in time) prior to exploring legal guardianship supported by a guardianship subsidy as a permanency option. In addition, the child must also continue to meet all subsidized guardianship eligibility criteria in order to move forward with requesting a subsidized guardianship arrangement with the identified successor guardian.

ANNUAL REVIEW of SUBSIDIZED GUARDIANSHIP AGREEMENT

A review of the subsidized guardianship agreement is required annually in order for subsidized guardianship payments of any amount or payment rate to continue. This review shall be conducted by the Division of Family Services (DCFS) Permanency Specialist or designee. 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 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 abortion 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 name (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 becomes an emancipated minor; or,

I. If the child marries; or,

J. If the child enlists in the military; or,

K. If the relative guardian(s) are no longer legally or financially responsible for the support of the child; or,

L. If the guardian(s) die; or,

M. If the guardianship is vacated; or,

N. 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 child's legal guardian and the subsidized guardianship agreement is in effect.

APPEALS

Relative guardian(s) may appeal the Division's decision to deny, terminate, or modify their child's subsidized guardianship agreement and/or payments in accordance with the rules and procedures of the State's fair hearing and appeal process per DHS Policy 1098. The relative guardian(s) must appeal an adverse decision within thirty (30) calendar days of written notice of the adverse action. Subsidized guardianship payments will be suspended pending the determination of all appeals. Families receiving a favorable ruling in their hearing may be entitled to assistance (back payment) that had been suspended.

The child would only be eligible for title IV-E subsidized guardianship if all eligibility criteria had been met prior to the finalization of the guardianship (including executing a subsided guardianship agreement). Therefore, even if the Office of Hearings and Appeals orders DCFS to provide subsidized guardianship payments and services for the child, the State shall not claim FFP under title IV-E if a subsidized guardianship agreement was not in place prior to the guardianship.

PROCEDURE VIII-L1: Initial Subsidized Guardianship Program Determination

11/2011

If a guardianship with a relative has been determined to be in the child's best interest, the FSW will:

A. Gather and review all relevant documentation to determine the child's eligibility for the Subsidized Guardianship Program.

B. Complete CFS-435-A: Subsidized Guardianship Program Application and Checklist with the child (if age appropriate), prospective relative guardians, and child's biological parents (if appropriate) to make the initial determination that the child and prospective relative guardians meet all subsidized guardianship eligibility requirements.

C. Submit the completed CFS-435-A to the FSW Supervisor for review and approval.

D. If the FSW Supervisor

1) Denies moving forward with the subsidized guardianship arrangement, proceed to Procedure VIII-L2: Denial of Subsidized Guardianship Arrangement.

2) Approves moving forward with the subsidized guardianship arrangement:

a) Update the child's case plan in CHRIS to describe the ways in which the child meets the eligibility requirements for a subsidized guardianship arrangement to include:

i. steps the agency has taken to determine that it is not appropriate for the child to be returned home or adopted;

ii. reasons for any separation of siblings during placement; the efforts made to place currently separated siblings together, the efforts made to provide frequent visitation or other ongoing interaction between siblings not placed together; and efforts to reunify separated siblings in the same home;

iii. reasons why a permanent placement with an appropriate and willing relative through a Subsidized Guardianship arrangement is in the child's best interest;

iv. 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 those reasons;

v. efforts made by the Division to discuss with the child's parent(s) subsidized guardianship arrangement, or the reasons why the efforts were not made;

vi. 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;

vii. any appropriate transitional youth services for those youth who exit foster care at or after the age of 16; and,

b) Notify the child's biological parents (if appropriate), attorney ad litem, OCC representative, parent counsel (if applicable), and DCFS Permanency Specialist or designee that the child and prospective relative guardians would like to proceed with the subsidized guardianship arrangement.

c) Provide the DCFS Permanency Specialist or designee with all pertinent documentation including:

i. Copy of CFS-435-A: Subsidized Guardianship Program Application and Checklist

ii. Copy of CFS-404: General Medical Report for each relative guardian and all appropriate household members

iii. Copy of prospective relative guardian's CFS-446: In Home Consignation Visit Report

iv. Copy of prospective relative guardian's SAFE Home Study

d) If the DCFS Permanency Specialist or designee determines that:

i. All initial eligibility and case plan criteria have been met, notify the FSW to proceed with subsidized guardianship determination meeting arrangements to discuss the Subsidized Guardianship Program (per Procedure VII-L3: Subsidized Guardianship Determination Meeting); or,

ii. All eligibility and case plan criteria have not been met, then discuss with the DCFS Permanency Specialist or designee how to meet said criteria and/or other possible permanency options or proceed to Procedure VIII-L2: Denial of Subsidized Guardianship arrangement, as applicable.

The FSW Supervisor will:

A. Conference with the FSW as to the appropriateness of a guardianship arrangement supported by a subsidy for the child with the prospective relative guardians.

B. Review the completed CFS-435-A: Subsidized Guardianship Application and Checklist.

C. Notify FSW of approval or denial to move forward with the subsidized guardianship arrangement.

D. Notify the Area Director of any approval or denial to move forward with a subsidized guardianship arrangement.

The DCFS Permanency Specialist or designee will:

A. Review each submitted CFS-435-A: Subsidized Guardianship Program Application and Checklist and other supporting documentation to determine if the family meets the initial eligibility and case plan criteria to further pursue a subsidized guardianship arrangement.

B. Make the determination as to whether it is appropriate to continue pursuing the subsidized guardianship arrangement and either:

1) Notify the FSW, FSW Supervisor, and Area Director to proceed to Procedure VIII-L3, if the subsidized guardianship arrangement is appropriate; or,

2) Notify the FSW, FSW Supervisor, and Area Director that a subsidized guardianship arrangement is not currently appropriate and

a) Discuss how to meet needed criteria;

b) Discuss other possible permanency options; or

c) Instruct FSW to proceed to Procedure VIII-L2: Denial of Subsidized Guardianship Arrangement.

PROCEDURE VIII-L2: Denial of Subsidized Guardianship Arrangement

11/2011

If at any point in time it is determined in consultation with the FSW supervisor and/or 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 FSW will:

A. Complete and provide to the relative guardian applicant CFS-435-B: Notification of Subsidized Guardianship Program Denial.

B. File a copy of CFS-435-B in the provider record.

C. Note in CHRIS contacts screen reason for subsidized guardianship denial.

PROCEDURE VIII-L3: Subsidized Guardianship Determination Meeting

11/2011

The FSW will:

A. Coordinate the subsidized guardianship determination meeting to discuss the potential subsidized guardianship arrangement and agreement within 14 days of receiving notification from the DCFS Permanency Specialist or designee to move forward with pursuing a Subsidized Guardianship arrangement.

B. Arrange a date for the following participants to attend the family centered-meeting with a preference of at least 7 days notice before the meeting date (though the meeting may take place earlier if all participants agree to an earlier date):

1) Child, if age appropriate

2) Prospective relative guardians

3) Child biological parents, if appropriate

4) Any grand parent who is entitled to notice based on the conditions listed in Procedure II-D8

5) Child's FSW

6) FSW Supervisor

7) Adoption Representative (if Adoption Representative did not participate in permanency planning staffing)

8) DCFS Permanency Specialist or designee

The following shall be invited to the meeting but attendance is not required:

1) Area Director or designee

2) Child's attorney ad litem

3) Child's CASA (if applicable)

4) OCC representative

5) Parent counsel (if applicable)

C. If it is determined during the meeting that it is not appropriate for the family to move forward with the legal guardianship supported by a guardianship subsidy, see Procedure VIII-L2: Denial of Subsidized Guardianship Arrangement.

The FSW Supervisor will:

A. Conference with the FSW as needed.

B. Participate in the subsidized guardianship determination meeting.

C. Inform the Area Director of issues related to pursuing the subsidized guardianship arrangement for the child.

The DCFS Permanency Specialist or designee will:

A. Facilitate the subsidized guardianship determination meeting.

B. Provide an overview of subsidized guardianship to ensure that all participants have a thorough understanding of the intent and requirements of the program.

C. Discuss the subsidy rate with the prospective relative guardians. The subsidy rate should not exceed the child's current foster care board payment.

D. If the prospective relative guardians inquire about a special subsidy rate (i.e. more than the child's current foster care board payment) due to special circumstances related to the youth's care, ask them to complete CFS-435-C: Subsidized Guardianship Special Subsidy Request and to provide the Division with a written statement from the child's physician or treatment professional that provides:

1) Child's diagnosis

2) Child's prognosis

3) Identification of any current treatment being provided; and,

4) Reasoning as to why the preceding information would warrant a special subsidy rate.

D. Inform the prospective relative guardians that any approved guardianship subsidy will be paid according to the terms outlined in the CFS-435-F: Subsidized Guardianship Agreement (Which will not be effective until the court enters an order of guardianship) and may be modified at the annual review based on changes in policy or significant changes in the child's circumstances.

E. If determined during the subsidized guardianship determination meeting that it is appropriate for the family to move forward with the legal guardianship supported by a guardianship subsidy:

1) Notify the Subsidized Guardianship Oversight Committee within 48 hours of the staffing of the family's intent to move forward;

2) Submit all related forms and supporting documentation to the committee within 48 hours of the staffing of the family's intent to move forward.

3) Arrange a meeting with the Subsidized Guardianship Oversight Committee with a preference of at least 7 calendar days notice of the meeting date (though the meeting may take place earlier if all parties agree to an earlier date).

PROCEDURE VIII-L4: Subsidized Guardianship Oversight Committee Review

11/2011

The Subsidized Guardianship Oversight Committee will:

A. Meet to review and discuss all subsidized guardianship forms and supporting documentation within 14 calendar days of receiving the information from the DCFS Permanency Specialist. This includes review of CFS-435-C: Subsidized Guardianship Special Subsidy Request and any documentation received from the family that would support the need for a special subsidy rate.

B. Verify that all subsidized guardianship eligibility and case plan criteria have been met.

C. Determine if a special subsidy rate is warranted, if requested.

The DCFS Permanency Specialist or designee will:

A. Facilitate the Subsidized Guardianship Oversight Committee meeting.

B. Notify the FSW, FSW Supervisor, and Area Director of the Subsidized Guardianship Oversight Committee's verification regarding the subsidized guardianship arrangement and any special subsidy rate determination (if applicable):

1) If the Subsidized Guardianship Oversight Committee verifies that the subsidized guardianship arrangement should move forward, ask the FSW to work with the local OCC attorney to file a petition for guardianship (and determine a court date for the guardianship hearing if date was has not already been set) and proceed to procedure VIII-L5: Subsidized Guardianship Agreement Finalization.

2) If the Subsidized Guardianship Oversight Committee cannot verify that the subsidized guardianship arrangement should move forward, tell the FSW to

a) Work with the family to meet any needed adjustments determined by the Subsidized Guardianship Oversight Committee that may qualify them to move forward with a subsidized guardianship arrangement at a later date; or,

b) See Procedure VIII-L2: Denial of Subsidized Guardianship Arrangement, if appropriate.

The FSW will:

A. If moving forward with the subsidized guardianship arrangement, request that the local OCC attorney petition the court to finalize the guardianship and the subsidized guardianship agreement by providing the OCC attorney with a copy of the CFS-435-A that includes the DCFS Permanency Specialist's signature.

B. If not moving forward with the subsidized guardianship arrangement:

1) Work with the family to meet any needed adjustments determined by the Subsidized Guardianship Oversight Committee that may qualify them to move forward with a subsidized guardianship arrangement at a later date, if applicable; or,

2) See Procedure VIII-L2: Denial of Subsidized Guardianship Arrangement, if applicable.

The FSW Supervisor will:

A. Conference with the FSW as needed.

B. Inform the Area Director of issues related to pursuing the subsidized guardianship arrangement for the child.

PROCEDURE VIII-L5: Subsidized Guardianship Agreement Finalization

11/2011

The DCFS Permanency Specialist or designee will:

A. Draft and complete the CFS-435-F: Subsidized Guardianship Agreement with the prospective guardians and FSW prior to the guardianship hearing.

B. Submit the CFS-435-F to the Foster Care Manager or designee for review and approval.

C. Sign the CFS-435-F.

The Foster Care Manager or designee will:

A. Review the CFS-435-F: Subsidized Guardianship Agreement and approve or deny as appropriate.

B. Inform the DCFS Permanency Specialist or designee of approval or denial.

The FSW will:

A. Assist the DCFS Permanency Specialist or designee in completing the CFS-435-F: Subsidized Guardianship Agreement with the prospective guardian(s) prior to the guardianship hearing.

B. Ensure all signatures required on the CFS-435-F are obtained.

The FSW Supervisor will:

A. Conference with the FSW regarding decisions related to and preparation for the finalization of the subsidized guardianship agreement.

B. Inform the Area Director of issues related to pursuing the subsidized guardianship arrangement for the child.

PROCEDURE VIII-L6: Guardianship Hearing for Subsidized Guardianship

11/2011

The FSW will:

A. Receive the confirmed guardianship hearing court date from the OCC attorney (if guardianship hearing date was not previously set).

B. Provide notice to the participants (e.g., foster parents, other relatives, etc) at least 14 calendar days before the guardianship hearing. OCC will provide notice to parties to the legal case.

C. If siblings will not also be placed in the subsidized guardianship arrangement, make a recommendation to the court to allow visits between siblings and with other relatives (if in the best interest of the children). Document the recommendation in the court report.

D. Complete court report for the guardianship hearing and submit to supervisor for review.

E. Submit the CFS-6011: Court Report to the OCC Attorney within 14 calendar days prior to the hearing.

F. Document distribution of court reports to all parties or their attorneys and CASA, if applicable via the CFS-423: Certificate of Service.

G. Attend the hearing with the case file and be prepared to provide testimony regarding services offered or provided, progress, and recommendations to the court.

H. Present the completed CFS-435-F: Subsidized Guardianship Agreement to the court.

I. Once the court finalizes legal guardianship and the subsidized guardianship agreement with the relative guardians:

1) Discuss the court orders with the family.

2) File the CFS-435-F in the provider record.

3) Provide a copy of the CFS-435-F to the relative guardian(s). Once approved (i.e., once the court enters an order granting guardianship), the subsidized guardianship agreement will remain in effect without regard to the state residency of the relative guardian as long as the guardianship remains in effect or has not been terminated.

4) For IV-E eligible children, provide the DCFS Eligibility Unit a copy of the finalized court decree indicating the legal guardianship and a copy of the finalized CFS-435-F: Subsidized Guardianship Agreement in order to continue Medicaid coverage for the child.

5) For non-IV-E eligible children, instruct the relative guardian(s) to apply for heath care coverage at their local DHS county office.

6) Exit the child out of foster care and into a subsidized guardianship arrangement supported by a guardianship subsidy in CHRIS.

7) Notify the relative guardian Resource Worker that legal guardianship has been granted.

The FSW Supervisor will:

A. Conference with the FSW as needed.

B. Review and approve CFS-6011: Court Report.

C. Attend the guardianship hearing.

D. Inform the Area Director of issues related to the subsidized guardianship arrangement for the child.

The Resource Worker will:

A. End date the Foster Family Service on the Provider Service Tab selecting the appropriate Reason for End Date in CHRIS nothing in the comment box on the Provider Services Tab that home was closed due to the parent(s) assuming legal guardianship of the child supported by guardianship subsidy.

The DCFS Eligibility Unit will:

A. Process the copy of the child's court decree and copy of the finalized CFS-435-F to ensure continued Medicaid coverage for IV-E eligible children.

B. Close any trust account(s) when any child exits foster care.

PROCEDURE VIII-L7: Annual Subsidized Guardianship Review

11/2011

The DCFS Permanency Specialist or designee will:

A. Mail the relative guardians the CFS-435-G: Subsidized Guardianship Agreement Review at least 60 calendar days before the anniversary date of the finalization of the family's Subsidized Guardianship Agreement with instructions to return in the provided SASE:

1) The completed CFS-435-G; and,

2) Required documentation:

a) For non-school-age children, documentation must include:

i. Up-to-date immunization records; and,

ii. A typed statement on letterhead from the child's Early Intervention Services provider indicating the child's participation and progress, if applicable; and,

iii. A typed statement on letterhead from the child's daycare provider confirming enrollment, if applicable.

b) For school-age children, documentation must-include:

i. Up-to-date immunization records; and,

ii. A written confirmation on letterhead from the child's Arkansas Department of Education accredited school or home school program verifying enrolment and regular attendance; and,

iii. A copy of the child's up-to-date Individualized Education Plan (IEP), if applicable.

c) For children ages 18 up to the age of 21, documentation must include:

i. A current transcript from the child's secondary education post-secondary, or vocational education program, as applicable; or,

ii. A typed statement on letterhead from the person responsible for managing the child's program or activity designed to promote, or remove barriers to, employment confirming the child's enrollment and participation; or,

iii. The most recent pay stubs from the employer indicating that the child is working at least 80 hours per month for that particular employer; or,

iv. A typed statement on letterhead from the child's medical professional stating the reason for which the child is incapable of meeting the education or employment requirements listed above.

B. For all children who are approved for a special guardianship subsidy, the relative guardian must attach current documentation received from the service provider outlining:

1) Current diagnosis prognosis, and summary of treatment services for the previous year.

2) An estimated expense summary services which will be necessary to meet the special needs of the child and/or a description of any high-level care routine provided by the relative(s) to meet the child's special needs.

C. Review requests for special rates. The subsidy will remain the same until the special subsidy is approved. Approval is not guaranteed.

D. Review the completed CFS-435-G: Subsidized Guardianship Agreement Review and related supporting documentation prior to the anniversary date of finalization of the family's subsidized guardianship agreement at the annual review:

1) If the supporting documentation shows that the child's condition has not changed, send confirmation to the family noting that the subsidized guardianship agreement will continue unchanged for the forthcoming year and make appropriate updates in CHRIS.

2) If the supporting documentation shows that the child's condition has improved, schedule a family-centered staffing or meeting with the relative guardians and Foster Care Manager or designee to renegotiate the subsidized guardianship agreement to the age appropriate guardianship subsidy and complete a new CFS-435-F: Subsidized Guardianship Agreement.

3) If the supporting documentation shows that the child's condition or status within the home has changed such that another type of revision of the subsidized guardianship agreement is needed or termination of that agreement is warranted:

a) Schedule a meeting with the relative guardians and Foster Care Manage or designee to discuss needed revisions or termination.

b) Revise CFS-435-F: Subsidized Guardianship Agreement as appropriate or complete CFS-435-H: Subsidized Guardianship Agreement Termination, if appropriate.

c) File appropriate form in relative guardian's record.

d) Enter necessary CHRIS updates.

4) If relative guardian(s) does not submit CFS-435-G and/or requested documentation within the required timeframe, send the family a copy of the completed CFS-435-H indicating termination of the agreement and associated payments and benefits. File the original CFS-435-H in the provider record.

The Foster Care Manager or designee will:

A. Conference with the DCFS Permanency Specialist or designee as needed regarding decisions related to annual reviews of subsidized guardianship arrangements.

B. Participate in meetings with the relative guardians and DCFS Permanency Specialist or designee when discussing revisions to a subsidized guardianship agreement.

C. Submit any requests for an increase in a guardianship subsidy to the DCFS Director or designee for review.

The DCFS Director will:

A. Review requests for increases in subsidized guardianship payments and approve or deny as appropriate.

PROCEDURE VIII-L8: Placement with Successor Guardian

11/2011

If a child whose relatives are receiving a guardianship subsidy on his or her behalf re-enters DHS custody, the Area Director or designee will:

A. Notify the DCFS Permanency Specialist that the child has re-entered, care.

B. Consult with the DCFS Permanency Specialist or designee and appropriate FSW supervisor as to whether:

1) It is appropriate for the child to work toward reunification with the initial relative guardians; or,

2) If guardianship with the successor guardian is in the child's best interest and, if so, if the identified successor guardian and child meet requirements the eligibility criteria for the Subsidized Guardianship Program; or,

3) If another permanency option is more appropriate.

C. If a subsidized guardianship arrangement with the successor guardian is determined to be appropriate, assign the appropriate Resource Worker to open the successor guardian's home as a provisional foster home per Policy VII: Development of Homes.

D. If the successor guardian is determined not be an appropriate placement at that point in time, have the assigned FSW find an appropriate approved or licensed placement for the child per A.C.A. § 9-28-402.

The Resource Worker will:

A. If notified by the Area Director or designee, open the successor guardian's home as a provisional foster home per Policy VII: Development of Foster Homes.

B. Collaborate with the FSW to evaluate:

1) How the other children and adults in the home will affect the successful development of the child; and,

2) How the child will impact the other members of the home.

C. Support the relative throughout the process of becoming a provisional and regular DCFS foster home.

D. If and when legal guardianship is granted to the successor guardian, end date the Foster Family Service on the Provider Service Tab selecting the appropriate Reason for End Date in CHRIS noting in the comment box on the Provider Services Tab that home was closed due to the parent(s) assuming legal guardianship of the child supported by a guardianship subsidy.

The FSW Supervisor will:

A. Consult with the FSW, Area Director, and DCFS Permanency Specialist as to whether a subsidized guardianship arrangement with the initial relative guardians (i.e., reunification) or with the successor guardian is in the child's best interest or if another permanency option is more appropriate.

B. Conference with the FSW on decisions regarding the child.

The FSW will:

A. Consult with the FSW Supervisor, Area Director and DCFS Permanency Specialist as to whether a subsidized guardianship arrangement with the initial relative guardians (i.e., reunification) or the successor guardian is in the child's best interest or if another permanency option is more appropriate.

B. If appropriate, request that the OCC attorney petition the court for a permanency planning hearing to review the child's case plan goal of legal guardianship supported by a guardianship subsidy with the successor guardian.

C. Follow Procedure VIII-L5: Subsidized Guardianship Agreement Finalization and Procedure VIII-L6: Guardianship Hearing for Subsidized Guardianship.

The DCFS Permanency Specialist or designee will:

A. Consult with the FSW, FSW Supervisor, and Area Director as to whether a subsidized guardianship arrangement with the initial relative guardians (i.e., reunification) or the successor guardian is in the child's best interest or if another permanency option is more appropriate.

B. Follow Procedure VIII-L5: Subsidized Guardianship Agreement Finalization, Procedure VIII-L6: Guardianship Hearing for Subsidized Guardianship and VIII-L7: Annual Subsidized Guardianship Program Review as appropriate.

PROCEDURE VIII-L9: Appeals

11/2011

If the family wishes to appeal a decision regarding their subsidized guardianship agreement, the DCFS Permanency Specialist or designee will:

A. Direct the family to DHS Policy 1098 for information on administrative hearings if questions from the family are received (Instructions regarding how to request an administrative hearing are included on CFS-435-H).

B. Keep the family Foster Care Manager or designee informed to any further proceedings related to the appeal request.

EXCERPT Procedure XIV-A4

For the sake of brevity certain sections have been omitted

PROCEDURE XIV-A4: Notices of True Investigative Findings

When a preponderance of the evidence found during an investigation indicates that an allegation should be determined true, the investigating agency shall notify certain persons as noted below or may notify the certain persons as noted below if the department determines the notification is necessary to ensure the health or safety of a child or confirm the investigative determination upon request as noted below. These notices may be made prior to satisfaction of due process for the alleged offender. If notice cannot be made to the alleged offender, see Procedure IX-A6, Expedited Hearing Process.

Any person or agency to whom disclosure is made may not disclose to any otter person a report or other information included in the notices. However, the person or agency is permitted to consult his or her own attorney regarding the information in any notice provided to them.

A. Law Enforcement
1) Type of Allegation	Severe maltreatment only
2) What Information	Name of each victim Name of alleged offender Type of Maltreatment
3) When	Within 10 business days of determination
4) Form	CFS-221-T or CACD-221-T as appropriate
B. Prosecuting Attorney
1) Type of Allegation	Severe maltreatment only
2) What Information	Name of each victim Name of alleged offender Type of maltreatment
3) When	Within 10 business days of determination
4) Form	CFS-221-T or CACD-221-T as appropriate
C. Facility Director or Licensing or Registering Authority
1) Type of Allegation	All maltreatment, only if the maltreatment occurred at the facility or if the alleged offender holds a license or registration from the authority Information
2) What information	Name of alleged offender Type of maltreatment
3) Wren	Upon request or if department determines notification is necessary to ensure the health or safety of the child
4) Form	CFS-234-T or CACD-234-T as appropriate
D. Facility Elector
1) Type of Allegation	All maltreatment, only if the maltreatment occurred at the facility and the facility is licensed or registered by, or is operated by or operated under contract with the State of Arkansas.
2) What Information	Name of alleged offender Type of maltreatment
3) When	Upon request or if department determines notification is necessary to ensure the health or safety of the child
4) Form	CFS-222-T or CACD-222-T as appropriate
E. DHS Division Director
1) Type of Allegation	All maltreatment, only if the maltreatment occurred at a facility operated by or operated under contract with the Department
2) What Information	Name of alleged offender Name of alleged victim Type of maltreatment
3) When	Upon request or if department determines notification is necessary to ensure the health or safety of the child
4) Form	CFS-230-T
F. Alleged underaged juvenile offender (under 13 years of age)
1) Type of Allegation	All maltreatment
2) What Information	Name of alleged offender Name of alleged victim Type of maltreatment
3) When	Within 10 business days of determination
4) Form	CFS-223-T1 or CACD-223-T1 as appropriate
G. Alleged juvenile offender 13-15 years of age
1) Type of Allegation	All maltreatment
2) What Information	Name of alleged offender Name of alleged victim Type of maltreatment
3) When	Within 10 business days of determination
4) Form	CFS-223-T2 or CACD-223-T2 as appropriate
H. Alleged juvenile offender 16-17 years of age
1) Type of Allegation	All maltreatment
2) What Information	Name of alleged offender Name of alleged victim Type of maltreatment
3) When	Within 10 business days of determination
4) Form	CFS-223-T3 or CACD-223-T3 as appropriate
I. Alleged juvenile offender (at time of offense) currently 18 or older (at time of notification)
1) Type of Allegation	All maltreatment
2) What information	Name of alleged offender Name of alleged victim
3) When	Within 10 bigness days of determination
4) Form	CFS-223-T4 or CACD-223-T4 as appropriate
J. Legal parents and legal guardians of alleged underaged juvenile offender (under 13 years of age)
1) Type of Allegation	All maltreatment
2) What Information	Name of alleged offender Name of alleged victim Type of maltreatment
3) When	Within 10 business days of determination
4) Form	CFS-224-T1 or CACD-224-T1 as appropriate
K. Legal parents and legal guardians of alleged juvenile offender (13 through 15 years old)
1) Type of Allegation	All maltreatment
2) What Information	Name of alleged offender Name of alleged victim Type of maltreatment
3) When	Within 10 business days of determination
4) Form	CFS-224-T2 or CACD-224-T2 as appropriate
L. Legal parents and legal guardians of alleged juvenile offender (16 -17 years old)
1) Type of Allegation	All maltreatment
2) What Information	Name of alleged juvenile offender Name of alleged victim Type of maltreatment
3) When	Within 10 business days of determination
4) Form	CFS-224-T3 or CACD-224-T3 as appropriate
M. Current foster parent of alleged offender in foster care.
1) Type of Allegation	All maltreatment
2) What Information	Name of alleged offender Type of maltreatment
3) When	Within 10 business days of determination
4) Form	CFS-224-T4
N. Legal Parents and legal guardians of alleged offender 13-15 not adjudicated delinquent, not pleaded guilty or not been found guilty of sexual abuse offense on same set of facts contained in report
1) Type of Allegation	Sexual abuse
2) What information	Name of alleged juvenile offender Name of alleged victim
3) When	Within 10 business days of determination
4) Form	CFS-224-T5 or CACD-224-T5 as appropriate
O. Legal parents or legal guardians of alleged victim in foster care
1) Type of Allegation	All maltreatment
2) What Information	Name of alleged offender Name of alleged victim Type of maltreatment
3) When	Within 10 business days of determination
4) Form	CFS-225-T1 or CACD-225-T1 as appropriate
P. Current Foster parent of alleged victim in foster care
1) Type of Allegation	All maltreatment
2) What Information	Name of alleged victim Type of maltreatment
3) When	Within 10 business days of determination
4) Form	CFS-225-T2
Q. Custodial, non-custodial parent, guardians, legal custodians of victim, regardless of the age of the child
1) Type of Allegation	All maltreatment
2) What Information	Name of alleged victim Name of alleged offender Type of maltreatment
3) When	Within 10 business days of determination
4) Form	CFS-225-T1 or CACD-225-T1 as appropriate
R. Victim, if 10 years of age or older
1) Type of Allegation	All maltreatment
2) What Information	Name of alleged victim Name of alleged offender Type of maltreatment
3) When	Within 10 business days of determination
4) Form	CFS-225-T1 or CACD-225-T1 as appropriate
S. Attorney ad litem of alleged victim
1) Type of Allegation	All maltreatment
2) What Information	Name of alleged victim Name of alleged offender Type of maltreatment
3) When	Upon request or if department determines notification is necessary to ensure the health or safety of the child
4) Form	CFS-226-T1
T. Court appointed special advocate of alleged victim
1) Type of Allegation	All maltreatment
2) What Information	Name of alleged victim Name of alleged offender Type of maltreatment
3) When	Upon request or if department determines notification is necessary to ensure the health or safety of the child
4) Form	CFS-226-T1
U. Juvenile division of circuit court with jurisdiction of an ongoing dependency neglect or FINS case of alleged victim
1) Type of Allegation	All maltreatment
2) What Information	Name of alleged victim over whom the court has jurisdiction Name of alleged offender Type of maltreatment
3) When	Upon request
4) Form	CFS-226-T1
V. Juvenile division of circuit court with jurisdiction of an ongoing dependency neglect or FINS case of alleged offender
1) Type of Allegation	All maltreatment
2) what Information	Name of alleged victim Name of alleged offender over whom the court has jurisdiction Type of maltreatment
3) When	Upon request or if department determines notification is necessary to ensure the health or safety of the child
4) Form	CFS-230-T
W. Attorney ad litem of alleged offender
1) Type of Allegation	All maltreatment
2) What Information	Name of alleged victim Name of alleged offender Type of maltreatment
3) When	Upon request or if department determines notification is necessary to ensure the health or safety of the child
4) Form	CFS-228-T
X. Court appointed special advocate of alleged offender
1) Type of Allegation	All maltreatment
2) What Information	Name of alleged victim Name of alleged offender Type of maltreatment
3) When	Upon request or if department determines notification is necessary to ensure the health or safety of the child
4) Form	CFS-228-T
Y. Counsel in Dependency Neglect or FINS Case of an alleged offender
1) Type of Allegation	All maltreatment
2) What Information	Name of alleged offender Name of alleged victim Type of maltreatment
3) When	Within 10 business days of determination
4) Form	CFS-230-T
Z. Counsel in Dependency Neglect or FINS Case of an alleged victim
1) Type of Allegation	All maltreatment
2) What Information	Name of alleged offender Name of alleged victim Type of maltreatment
3) When	Within 10 business days of determination
4) Form	CFS-226-T1
AA. Attorney ad litem of child in foster home where maltreatment is reported
1) Type of Allegation	All maltreatment
2) What Information	Name of child represented by the AAL only
3) When	Upon request or if department determines notification is necessary to ensure the health or of the child
4) Form	CFS-229-T
BB. Court appointed special advocate of child in foster home where maltreatment is reported or when alleged juvenile offender or under-aged juvenile offender is placed in the same placement as client
1) Type of Allegation	All maltreatment
2) What Information	Name of child represented by the CASA only Type of maltreatment
3) When	Upon request or if department determines notification is necessary to ensure the health or safety of the child
4) Form	CFS-229-T
CC. Multidisciplinary Team for Alleged Offender or Victim
1) Type of Allegation	All maltreatment
2) What Information	Name of alleged victim Name of alleged offender Type of maltreatment
3) When	Upon request or if department determines notification is necessary to ensure the health or safety of the child
4) Form	CFS-230-T
DD. School where any child who is an alleged victim of maltreatment is enrolled
1) Type of Allegation	All maltreatment
2) What Information	Name of alleged victim Type of maltreatment
3) When	Within 10 business days of determination
4) Form	CFS-231-T or CACD-231-T as appropriate
EE. School where alleged juvenile offender is enrolled
1) No notice at this time
FF. Offender, 13 years of age and older (see "True Determination and special process for Notice to Offender" below)
1) Type of Allegation	All maltreatment
2) What Information	Name of alleged victim Name of alleged offender Type of maltreatment
3) When	Within 10 business days of determination
4) Form	CFS 232-T1 and CFS-232-T1a or CACD-232-T1 and CACD-232-T1a as appropriate
GG. Offender, Exempt, Garrett's Law or Religious
1) Type of Allegation	All maltreatment
2) What Information	Name of alleged victim Name of alleged offender Type of maltreatment
3) When	Within 10 business days of determination
4) Form	CFS-232-T2 or CACD-232 as appropriate

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016.15.11 Ark. Code R. § 008

1/12/2012