1. (a)

   1. (1) In some cases, a federal adoption maintenance subsidy or state-funded maintenance subsidy may be continued for adoptees eighteen (18) to twenty-one (21) years of age.

   2. (2)

      1. (A) Medicaid, however, cannot be extended past eighteen (18) years of age for state-funded subsidies.
      2. (B) While the foster care Medicaid cannot be extended beyond the month the child turns eighteen (18) years of age, the family may apply for another type of Medicaid at their local county office via the Division of County Operations.
   3. (3) Medicaid coverage through the local Department of Human Services county office is not guaranteed.

2. (b) If the adoptive parent requests that the adoption subsidy be continued past the child’s eighteenth birthday, the following criteria must be met:

   1. (1) The adoptive parent must be receiving a federal or state-funded adoption maintenance subsidy prior to the child’s eighteenth birthday;

   2. (2) The adoptive parent must make a formal written request of the Division of Children and Family Services Adoption Support Specialist to continue the subsidy and provide proof that the child:

      1. (A) Has a mental or physical disability which warrants continuation; or
      2. (B) Was adopted at sixteen (16) years of age or older and is:

3. (i) Completing secondary education or a program leading to an equivalent credential;

   1. (ii) Enrolled in an institution which provides postsecondary or vocational education;

      1. (iii) Participating in a program or activity designed to promote or remove barriers to employment;

         1. (iv) Employed for at least eighty (80) hours per month; or
         2. (v) Incapable of doing any of the above described activities due to a medical condition.
         3. (c)
   2. (1) The Division of Children and Family Services will ensure that the child meets these employment or education requirements.

   3. (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.

      1. (d) The Adoption Support Specialist will:
   4. (1) Include the above documentation and recommend whether the adoption subsidy should be continued past the child’s eighteenth birthday;

   5. (2) If the adoption subsidy is approved to continue past the child’s eighteenth birthday:

      1. (A) Prepare the CFS-428-A: Adoption Assistance Agreement for State Funded Payments or CFS-428-B: Adoption Assistance Agreement for Federal IV-E Funded Assistance, as appropriate;
      2. (B) Route the CFS-428-A: Adoption Assistance Agreement for State Funded Payments or CFS-428-B: Adoption Assistance Agreement for Federal IV-E Funded Assistance, as appropriate, to the Adoption Services Unit Manager for review; and
      3. (C) If the Adoption Services Unit Manager and Director of the Division of Children and Family Services approve the CFS-428-A or CFS-428-B as appropriate, change the subsidy ending date on the adoption subsidy screen in the Division of Children and Family Services’ information management system to continue subsidy past the child’s eighteenth birthday;

   6. (3) If the adoption subsidy is not approved to continue past the child’s eighteenth birthday by either the Adoption Support Specialist, Adoption Manager, or director or designee:

      1. (A) Notify the adoptive parent in writing and explain the reason for denial; and
      2. (B) Document the denial in CHRIS.

4. (e) The Adoption Manager will:

   1. (1) Approve or deny the “CFS-428-A: Adoption Assistance Agreement for State Funded Payments” or “CFS-428-B: Adoption Assistance Agreement for Federal IV-E Funded Assistance”, as appropriate;
   2. (2) If the Adoption Assistance Agreement is approved, send to the director or designee for signature; and
   3. (3) If the Adoption Assistance Agreement is denied, notify the Adoption Support Specialist and explain the reason for denial.

5. (f) The director or designee will:

   1. (1) Approve or deny the CFS-428-A or CFS-428-B, as appropriate; and
   2. (2) Return the CFS-428-A or CFS-428-B, as appropriate, to the Adoption Manager.

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