(a) The FSW will:
- (1) Receive the confirmed guardianship hearing court date from the Office of Chief Counsel attorney (if guardianship hearing date was not previously set);
(2)
- (A) Provide notice to the participants (e.g., foster parents, other relatives, etc.) at least fourteen (14) calendar days before the guardianship hearing.
- (B) The Office of Chief Counsel will provide notice to parties to the legal case;
(3)
- (A) If siblings will not also be placed in the subsidized guardianship arrangement, make a recommendation to the court to allow visits between siblings and with other relatives (if in the best interest of the children).
- (B) Document the recommendation in the court report;
- (4) Complete court report for the guardianship hearing and submit to supervisor for review;
- (5) Submit the CFS-6011: Court Report to the Office of Chief Counsel attorney within fourteen (14) calendar days prior to the hearing;
- (6) Document distribution of court reports to all parties or their attorneys and CASA, if applicable via the CFS-423: Certificate of Service;
- (7) Attend the hearing with the case file and be prepared to provide testimony regarding services offered or provided, progress, and recommendations to the court;
- (8) Present the completed CFS-435-F: Subsidized Guardianship Agreement to the court; and
(9) Once the court finalizes legal guardianship and the subsidized guardianship agreement with the relative or fictive kin guardians:
- (A) Discuss the court orders with the family;
- (B) File the CFS-435-F: Subsidized Guardianship Agreement in the provider record;
- (C)
(i) Provide a copy of the CFS-435-F: Subsidized Guardianship Agreement to the relative or fictive kin guardian or guardians.
(ii) Once approved (i.e., once the court enters an order granting guardianship), the subsidized guardianship agreement will remain in effect without regard to the state residency of the legal relative or fictive kin guardian as long as the guardianship remains in effect or has not been terminated;
- (D) For Title IV-E eligible children, provide the Division of Children and Family Services Eligibility Unit a copy of the finalized court decree indicating the legal guardianship and a copy of the finalized CFS-435-F: Subsidized Guardianship Agreement in order to continue Medicaid coverage for the child;
- (E) For non-Title-IV-E eligible children, instruct the relative or fictive kin guardian or guardians to apply for healthcare coverage at their local Department of Human Services county office;
- (F) Exit the child out of foster care and into a subsidized guardianship arrangement supported by a guardianship subsidy in CHRIS; and
- (G) Notify the relative or fictive kin guardian Resource Worker that legal guardianship has been granted.
(b) The FSW Supervisor will:
- (1) Conference with the FSW as needed;
- (2) Review and approve CFS-6011: Court Report;
- (3) Attend the guardianship hearing; and
(4) Inform the Area Director of issues related to the subsidized guardianship arrangement for the child.
(c) The Resource Worker will end date the foster family service on the provider service tab selecting the appropriate reason for end date in CHRIS noting in the comment box on the provider services tab that home was closed due to the parent or parents assuming legal guardianship of the child supported by guardianship subsidy.
- (d) The division Eligibility Unit will:
- (1) Process the copy of the child’s court decree and copy of the finalized CFS-435-F: Subsidized Guardianship Agreement to ensure continued Medicaid coverage for Title IV-E eligible children; and
- (2) Close any trust account or accounts when any child exits foster care.
Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "01/2020"