1. (a) The Family’s Adoption Specialist will:

   1. (1) Follow the same subsidy-related policy and procedures, including subsidies for nonrecurring legal expenses, regardless if the adoption is being handled in-state or out-of-state;
   2. (2) Ensure close coordination with the other state’s adoption worker, if applicable;
   3. (3) Determine that the child has a special need in relation to adoption planning, is between the age of birth to eighteen (18) years of age, is in the custody of the Department of Human Services (for state subsidy only), and is legally free for adoption;

   4. (4)

      1. (A) Determine if the child is eligible for federal IV-E adoption maintenance subsidy first.
      2. (B) If ineligible for Title IV-E, determine if the child is eligible for state funded adoption maintenance subsidy;
   5. (5) Determine that a reasonable, but unsuccessful, effort has been made to place the child without providing adoption subsidy;
   6. (6) Document in each child's case record the specific factor or factors that make the child difficult to place and describe the efforts to place the child for adoption without providing assistance;
   7. (7) Determine what type of adoption subsidies are needed, and complete all application procedures by the fourth month of placement;
   8. (8) Review and sign the CFS-425: Application for Adoption Subsidy after the adoptive parent completes it;
   9. (9) Print Title IV-E verification of eligibility from the Division of Children and Family Services’ information management system;

   10. (10)

       1. (A) Be clear in the discussion with the family that they will only be:

2. (i) Screening for a determination of special needs, subsidy eligibility; and

   1. (ii) Making a recommendation to the adoption services unit.

      1. (B) Under no circumstances will the Adoption Specialist give the adoptive family the subsidy determination prior to receipt of approval from the Adoption Services Unit.
      2. (C) The Adoption Specialist must also explore other resources and assistance that may be available for the child and adoptive family when screening for a subsidy;

   2. (11) Complete the “CFS-427: Determination of Eligibility for Adoption Subsidy” and attach the following to the CFS-427:

      1. (A) Verification of the costs for a private attorney to finalize an adoption whether in-state or out-of-state, if applicable; and
      2. (B) Verification of court costs to finalize an adoption, if applicable;

   3. (12) Complete the following:

      1. (A)

         1. (i) Special board rate request to have a professional verify the child’s complete medical condition, including dental, psychological, etc., as well as the diagnosis, prognosis, and costs of treatment for one (1) year if a special subsidy is requested.
         2. (ii) Children at high risk for the development of a serious physical, mental, developmental, or emotional condition may be considered special needs if documentation of the risk is provided by a medical professional specializing in the area of the condition for which the child is considered at risk.
         3. (iii) However, no subsidy payment will be made without documentation that the child has developed the actual condition.
         4. (iv) In order to be eligible for special needs subsidy based on developmental delay, documentation must be provided, current within six (6) months, attesting to the fact that the child has a delay of twenty-four percent (24%) or more in two (2) major developmental categories;
      2. (B) Statement that lists the child’s source of financial resources and amount, other than foster care board payment, if applicable;

      3. (C)

         1. (i) Verification from the appropriate agency which explains the child’s eligibility for financial benefits (Supplemental Security Insurance, other types of Social Security benefits, United States Department of Veterans Affairs, etc.) once the adoption is finalized, if applicable.
         2. (ii) Provide the agency with the amount of the adoptive parent’s income in order that a statement can be prepared.
         3. (iii) Once a child has been determined eligible for a federal subsidy, the adoptive parents cannot be rejected for adoption assistance nor can they have payments reduced without their agreement, as a result of:
3. (a) (a) Their income;

4. (b) (b) Their resources; or

   1. (c) (c) The child’s resources; and

      1. (D)

         1. (i) Verification from Children’s Medical Services (CMS) which explains the child’s eligibility for services once the adoption is finalized, if applicable.
         2. (ii) Provide CMS with the amount of the adoptive parent’s income in order that a statement can be prepared;
   2. (13) Inform the adoptive parents that subsidy payments may continue until the end of the month of the child’s eighteenth birthday, or by the end of the month of the child’s twenty-first birthday if he or she meets one (1) of the established criteria described in the “Subsidy Extension” policy subsection above and the extension is requested by the adoptive parent as described in the “Subsidy Extension” policy subsection above;

   3. (14) Provide the following documentation with the initial adoption subsidy application packet:

      1. (A) Emergency petition;
      2. (B) Emergency order or other initial custody court order;
      3. (C) Order for termination of parental rights with power to consent to adoption;
      4. (D) A copy of the CMA worksheet in CHRIS or, if applicable, award letter for Supplemental Security Income; and
      5. (E) A copy of the approved selection form, as applicable;

   4. (15) Prepare a narrative entitled “Subsidy Family Profile” about the adoptive family to include:

      1. (A) Type of adoption (foster parent, nonfoster parent, relative, or fictive kin);
      2. (B) Type of subsidy (maintenance, special, nonrecurring, non-IV-E Medicaid);
      3. (C) Funding source (federal or state);
      4. (D) Child to receive subsidy (first name, age, race, developmental information, description of special needs, problems, limitation, reasons for being in out-of-home placement, and brief description of out-of-home placement history);
      5. (E) Adoptive father (name, age, education, employment, and health);
      6. (F) Adoptive mother (name, age, education, employment, and health);
      7. (G) Other children in family (adopted, birth, custody, out-of-home placement, name, age, education, and health);
      8. (H) Others in household (explain if applicable);
      9. (I) Marriage (length and comments about the quality of the relationship);
      10. (J) Housing (brief description);
      11. (K) Income/resources (sources and amounts, health insurance coverage, etc.);
      12. (L) Exploration of other resources and assistance that may be available for the child and adoptive family when screening for a subsidy;
      13. (M) Family and adoptive child relationship (description to include strengths and challenges);
      14. (N) Reason for adoption subsidy (explain reason child needs adoption subsidy and reason for the adoptive parent requesting it);
      15. (O) Subsidy request (maintenance costs per month and for not more than a year), special subsidy type of service and costs for not more than a year, legal assistance, if the Office of Chief Counsel attorney is requested to finalize the adoption, court costs, etc., other subsidy requests and costs, etc.; and
      16. (P) Recommendation to approve or deny;
   5. (16) Submit the completed packet to the Adoption Supervisor for review and comment; and
   6. (17) Upon completion of supervisory review, send completed forms, narrative, documents, and other attachments to the Adoption Subsidy Coordinator.

5. (b) The Adoptive Subsidy Coordinator will:

   1. (1)

      1. (A) Assess all submitted forms and documentation, make a recommendation to approve or deny the adoption subsidy application, and provide written notification to the Adoption Specialist of the recommendation within three (3) working days of receiving the initial application packet from the Adoption Specialist.
      2. (B) Contact the Adoption Specialist if additional information or forms are needed;
   2. (2) Prepare the “CFS-428: Adoption Assistance Agreement” and route it to the Adoption Manager for approval, then send the CFS-428 to the Director of the Division of Children and Family Services or designee for signature;
   3. (3) Send the signed CFS-428 to the Adoption Specialist with written instructions;

   4. (4) Notify the adoptive parent in writing if the application is denied and explain the:

      1. (A) Reason;
      2. (B) Internal review procedures; and
      3. (C) Administrative fair hearing procedures;
   5. (5) Send a copy of the notification of denial to the Adoption Specialist; and

   6. (6) Scan all subsidy packets into Edoctus.

      1. (c) Upon receipt of approval of the adoption subsidy, the Adoption Specialist will:
   7. (1) Meet with the adoptive parent to explain an approval;
   8. (2) Review the “CFS-428: Adoption Assistance Agreement”;
   9. (3) Secure the adoptive parent’s signature on the CFS-428 within five (5) working days from receipt of the agreement or prior to finalization;
   10. (4) Send the Adoption Subsidy Coordinator and adoptive parent a copy of the signed CFS-428 within three (3) working days upon receipt;
   11. (5) Contact the Adoption Subsidy Coordinator in writing within three (3) working days from the meeting if the adoptive parent has a disagreement with the contents of the CFS-428;
   12. (6) Meet with the adoptive parent to explain a denial, review the decision, and explain internal review procedures within ten (10) working days from receipt of written notification to deny; and
   13. (7) Send a copy of the adoption petition and final decree of adoption to the Adoption Subsidy Coordinator within five (5) working days upon receipt.

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