1. (a)

   1. (1) When a child in foster care achieves permanency through a guardianship or an order of permanent custody, the child’s guardian or custodian may wish to adopt the child in the future.
   2. (2) The guardian or custodian may request that the Division of Children and Family Services provide services to assist the guardian or custodian with the adoption.

2. (b)

   1. (1) The division will forward a request for adoption services to the division’s contracted provider for legal services.
   2. (2) The legal services contract provider will review the request and determine if adoption is likely to be granted under the circumstances.
   3. (3) If there is likelihood of success in finalizing an adoption for the guardian or custodian, the division will request that the legal services contract provider proceed with initiating the adoption proceedings on the guardian or custodian’s behalf.

3. (c)

   1. (1) In such circumstances, the division will encourage individuals to become a fully approved resource home.
   2. (2) If a child was IV-E eligible prior to the guardianship or custody order being granted, then the child is eligible for an adoption subsidy.
   3. (3) If a child was non-IV-E eligible prior to the guardianship or custody order being granted, then the child is not eligible for adoption subsidy.
4. (d) The legal services contract provider will enter into a representation agreement with the guardian or custodian and the division will agree to pay for the associated fees pursuant to the division’s contract with the provider for legal services.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "01/2021"