Section 9-9-407 - Eligibility(a) A family is initially eligible for a subsidy for purposes of adoption if:(1)(A) No other potential adoptive family has been identified and is willing and able to adopt the child without the use of a subsidy.(B) In the case of a child who has established significant emotional ties with prospective adoptive parents while in their care as a foster child, the Department of Human Services may certify the child as eligible for a subsidy without searching for families willing to take the child without a subsidy.(C) In the case of a child who will be adopted by members of his or her biological family, the department may certify the child as eligible for a subsidy without searching for families willing to take the child without a subsidy;(2) The department has determined the family to be eligible;(3) The child is in the custody of the department; and(4) The child has been determined by the department to have special needs.(b) A child who is a resident of Arkansas when eligibility for a subsidy is certified shall remain eligible and receive a subsidy, if necessary for adoption, regardless of the domicile or residence of the adopting parents at the time of application for adoption, placement, legal decree of adoption, or thereafter.(c) A family is eligible for a legal subsidy for purposes of adoption if:(1) The child is in the custody of the department; or(2)(A) The child was in the custody of the department;(B) Legal custody was transferred to a relative or other person; and(C) The juvenile division case remains open pending the child obtaining permanency.(d) State-funded subsidies may be available, as determined by the department for an adult who: (1) Is in foster care at eighteen (18) years of age;(2) Participates in an extended foster care program under § 9-27-306 or § 9-28-114; and(3) Is not Title IV-E eligible.Amended by Act 2023, No. 363,§ 2, eff. 8/1/2023.Acts 1979, No. 1109, § 4; 1981, No. 858, § 1; A.S.A. 1947, § 56-133; Acts 1999, No. 518, § 3; 2005, No. 437, § 9; 2011, No. 607, § 6