1. (a)

   1. (1) The federal Title IV-E adoption assistance program does not require redeterminations of a child’s eligibility.
   2. (2) Although the Title XIX Medicaid program and the programs that, in part, may qualify a child initially for adoption assistance, such as AFDC and Supplemental Security Insurance, require redeterminations, they are unnecessary for the purpose of maintaining a child’s eligibility for Title IV-E adoption assistance.

   3. (3) Once a child has been determined eligible and is receiving Title IV-E adoption assistance, the state may terminate the assistance only under the following circumstances:

      1. (A) Upon the adoptive parent’s or parents’ request;
      2. (B) Upon the child’s death;
      3. (C)

2. (i) Upon the death of the adoptive parent or parents of the child.

   1. (ii) In a two-parent family, this means both parents;

      1. (D) At the cessation of legal responsibility of the adoptive parent or parents for the child;
      2. (E) If the Division of Children and Family Services determines that the child is no longer receiving support from the adoptive parent or parents; or

      3. (F) When the child reaches eighteen (18) years of age unless:

         1. (i) The child’s subsidy was extended (per the adoption subsidy agreement) past eighteen (18) years of age, due to a mental or physical disability which warranted continuation of a federally funded subsidy or state maintenance to be received, in which case the adoption subsidy would be terminated when the child attains twenty-one (21) years of age; or
         2. (ii) The child’s subsidy was extended past eighteen (18) years of age (per the adoption subsidy agreement) because the child was adopted at sixteen (16) years of age or older, in which case the child’s subsidy would be terminated when the child attains twenty-one (21) years of age, provided that the child also met one (1) of the following circumstances from eighteen (18) years of age through twenty-one (21) years of age:
3. (a) (a) The child is completing secondary education or a program leading to an equivalent credential;

4. (b) (b) The child is enrolled in an institution which provides postsecondary or vocational education;

   1. (c) (c) The child is participating in a program or activity designed to promote, or remove barriers to, employment;

      1. (d) (d) The child is employed for at least eighty (80) hours per month; or
5. (e) (e) The child is incapable of doing any of the above described activities due to a medical condition.

6. (b)

   1. (1) The division will ensure that the child meets these employment or education requirements.
   2. (2) If a child is incapable of meeting the above referenced education or employment requirements due to a medical condition, the reason for which the child is incapable of meeting the education or employment requirements must be documented by a medical professional and updated annually until the child reaches twenty-one (21) years of age.

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