There is a newer version of the Arkansas Code
2010 Arkansas Code
Title 9 - Family Law
Subtitle 2 - Domestic Relations
Chapter 8 - General Provisions
Subchapter 2 - Arkansas Subsidized Guardianship Act
§ 9-8-204 - Eligibility.
(a) A child is eligible for a guardianship subsidy if the Department of Human Services determines the following:
(1) The child has been removed from the custody of his or her parent or parents as a result of a judicial determination to the effect that continuation in the custody of the parent or parents would be contrary to the welfare of the child;
(2) The department is responsible for the placement and care of the child;
(3) Being returned home or being adopted is not an appropriate permanency option for the child;
(4) Permanent placement with a guardian is in the child's best interest;
(5) The child demonstrates a strong attachment to the prospective guardian and the guardian has a strong commitment to caring permanently for the child;
(6) With respect to a child who has attained fourteen (14) years of age, the child has been consulted regarding the guardianship;
(7) If permitted or required by the funding stream, the guardian is qualified pursuant to a means-based test;
(8) If permitted or required by the funding stream, the necessary degree of relationship exists between the prospective guardian and the child;
(9) The child has special needs; and
(10) The child:
(A) Is eligible for Title IV-E foster care maintenance payments; and
(B) While in the custody of the department, resided in the home of the prospective relative guardian for at least six (6) consecutive months and the prospective relative guardian was licensed or approved as meeting the licensure requirements as a foster family home.
(b) (1) The department shall redetermine eligibility of the guardianship on an annual basis and shall include confirmation that the guardian is still providing care for the child.
(2) If permitted or required by the funding stream, the annual redetermination of eligibility shall include whether or not the guardian is qualified pursuant to a means-based test.
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