1. (a) If a goal of guardianship with a relative or fictive kin has been determined to be in the child’s best interest, the FSW will:

   1. (1) Gather and review all relevant documentation to determine the child’s eligibility for the Subsidized Guardianship Program;
   2. (2) Complete CFS-435-A: Subsidized Guardianship Program Application and Checklist with the child (if age appropriate), prospective relative or fictive kin guardians, and child’s biological parents (if appropriate) to make the initial determination that the child and prospective or fictive kin relative guardians meet all subsidized guardianship eligibility requirements;
   3. (3) Update the case plan to reflect guardianship goal and other required program information (see case plan requirements for subsidized guardianship in subsection (c) of this section);

   4. (4) Submit the completed CFS-435-A to the FSW supervisor for review and approval and attach any other documentation that would be important to the child’s case (financial information, special board rate justification), but at minimum the following to complete the referral packet:

      1. (A) Case history memorandum detailing the specifics of the child’s overall situation, e.g., parent information, special needs, connection to the proposed guardian, how reunification and adoption have been ruled out, whether child is IV-E eligible, length of time placed in the approved relative or fictive kin foster home;
      2. (B) Child’s signed consent to guardianship for children fourteen (14) years of age and older;
      3. (C) Final SAFE home study report update, as applicable;
      4. (D) Most recent foster home approval letter;
      5. (E) Court orders documenting reasonable efforts, ruling out reunification and adoption, and establishing a goal of guardianship; and
      6. (F) Notarized statement from relative or fictive kin verifying discussion of all permanency options available and understanding of those options as well as decision to elect guardianship and apply for a subsidy; and

   5. (5) If the FSW Supervisor:

      1. (A) Denies moving forward with the subsidized guardianship arrangement, proceed to 9 CAR § 40-945, denial of subsidized guardianship arrangement; or
      2. (B) Approves moving forward with the subsidized guardianship arrangement:
2. (i) Update the child’s case plan in CHRIS to describe the ways in which the child meets the eligibility requirements for a subsidized guardianship arrangement to include:
3. (a) (a) Steps the agency has taken to determine that it is not appropriate for the child to be returned home or adopted;
4. (b) (b) Reasons for any separation of siblings during placement, the efforts made to place currently separated siblings together, the efforts made to provide frequent visitation or other ongoing interaction between siblings not placed together, and efforts to reunify separated siblings in the same home;
5. (c) (c) Reasons why a permanent placement with an appropriate and willing relative or fictive kin through a subsidized guardianship arrangement is in the child’s best interest;
6. (d) (d) Efforts that the Division of Children and Family Services has made to discuss adoption by the child’s relative or fictive kin foster parent as a more permanent alternative to legal guardianship and, in the case of a relative or fictive kin foster parent who has chosen not to pursue adoption, documentation of those reasons;
7. (e) (e) Efforts made by the Division of Children and Family Services to discuss with the child’s parent or parents subsidized guardianship arrangement, or the reasons why the efforts were not made;
8. (f) (f) Process in place to allow for a successor guardian in the event that the relative or fictive kin guardian of the child dies or is no longer able to care for the child; and

9. (g) (g) Any appropriate transitional youth services for those youth who exit foster care at or after sixteen (16) years of age;

   1. (ii) Notify the child’s biological parents, if appropriate, attorney ad litem, the Office of Chief Counsel representative, parent counsel (if applicable), and the Division of Children and Family Services Subsidized Guardianship Coordinator or designee that the child and prospective relative or fictive kin guardians would like to proceed with the subsidized guardianship arrangement; and

      1. (iii) If the Division of Children and Family Services Subsidized Guardianship Coordinator or designee determines that:
10. (a) (a) All initial eligibility and case plan criteria have been met, notify the FSW to proceed with subsidized guardianship determination meeting arrangements to discuss the Subsidized Guardianship Program (per 9 CAR § 40-947, subsidized guardianship determination meeting); or
11. (b) (b) All eligibility and case plan criteria have not been met, then discuss with the Division of Children and Family Services Subsidized Guardianship Coordinator or designee how to meet said criteria and/or other possible permanency options or proceed to 9 CAR § 40-945, denial of subsidized guardianship arrangement, as applicable.

12. (b) The FSW supervisor will:

    1. (1) Conference with the FSW as to the appropriateness of a guardianship arrangement supported by a subsidy for the child with the prospective relative or fictive kin guardians;
    2. (2) Review the completed CFS-435-A: Subsidized Guardianship Application and Checklist and other required referral packet documentation;
    3. (3) Notify FSW of approval or denial to move forward with the subsidized guardianship arrangement; and

    4. (4) Notify the Area Director of any approval or denial to move forward with a subsidized guardianship arrangement.

       1. (c) The Division of Children and Family Services Subsidized Guardianship Coordinator or designee will:
    5. (1) Review each submitted CFS-435-A: Subsidized Guardianship Program Application and Checklist and other supporting documentation to determine if the family meets the initial eligibility and case plan criteria to further pursue a subsidized guardianship arrangement; and

    6. (2) Make the determination as to whether it is appropriate to continue pursuing the subsidized guardianship arrangement and either:

       1. (A) Notify the FSW, FSW Supervisor, and Area Director to proceed to 9 CAR § 40-946, if the subsidized guardianship arrangement is appropriate;
       2. (B) Notify the FSW, FSW Supervisor, and Area Director that a subsidized guardianship arrangement is not currently appropriate and discuss how to meet needed criteria;
       3. (C) Discuss other possible permanency options; or
       4. (D) Instruct FSW to proceed to 9 CAR § 40-945, denial of subsidized guardianship arrangement.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "01/2020"