1. (a) The information below does not apply to situations in which the initial guardian dies or is otherwise incapacitated.

2. (b) If a child whose relatives or fictive kin are receiving a guardianship subsidy on his or her behalf re-enters Department of Human Services custody, the Area Director or designee will:

   1. (1) Notify the Division of Children and Family Services Subsidized Guardianship Coordinator that the child has re-entered care;

   2. (2) Consult with the division Subsidized Guardianship Coordinator or designee and appropriate FSW supervisor as to whether:

      1. (A) It is appropriate for the child to work toward reunification with the initial relative or fictive kin guardians;
      2. (B) If the guardianship with the successor guardian is in the child’s best interest and, if so, if the identified successor guardian and child meet the requirements of the eligibility criteria for the Subsidized Guardianship Program; or
      3. (C) If another permanency option is more appropriate;
   3. (3) If a subsidized guardianship arrangement with the successor guardian is determined to be appropriate, assign the appropriate Resource Worker to open the successor guardian’s home as a provisional foster home per 9 CAR § 40-801 et seq., Development of Resource Homes and Support for Resource Parents; and
   4. (4) If the successor guardian is determined not be an appropriate placement at that point in time, have the assigned FSW find an appropriate approved or licensed placement for the child per Arkansas Code § 9-28-402.

3. (c) The Resource Worker will:

   1. (1) If notified by the Area Director or designee, open the successor guardian’s home as a provisional foster home per 9 CAR § 40-801 et seq., Development of Resource Homes and Support for Resource Parents;

   2. (2) Collaborate with the FSW to evaluate:

      1. (A) How the other children and adults in the home will affect the successful development of the child; and
      2. (B) How the child will impact the other members of the home;
   3. (3) Support the relative or fictive kin throughout the process of becoming a provisional and regular division foster home; and
   4. (4) If and when legal guardianship is granted to the successor guardian, 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 a guardianship subsidy.

4. (d) The FSW Supervisor will:

   1. (1) Consult with the FSW, Area Director, and the division Subsidized Guardianship Coordinator as to whether a subsidized guardianship arrangement with the initial relative or fictive kin guardians (i.e., reunification) or with the successor guardian is in the child’s best interest or if another permanency option is more appropriate; and
   2. (2) Conference with the FSW on decisions regarding the child.

5. (e) The FSW will:

   1. (1) Consult with the FSW Supervisor, Area Director and the division Subsidized Guardianship Coordinator as to whether a subsidized guardianship arrangement with the initial relative or fictive kin guardians (i.e., reunification) or the successor guardian is in the child’s best interest or if another permanency option is more appropriate;
   2. (2) If appropriate, request that the Office of Chief Counsel attorney petition the court for a permanency planning hearing to review the child’s case plan goal of legal guardianship supported by a guardianship subsidy with the successor guardian; and
   3. (3) Follow 9 CAR § 40-950, subsidized guardianship agreement finalization and 9 CAR § 40-951, guardianship hearing for subsidized guardianship.

6. (f) The division Subsidized Guardianship Coordinator or designee will:

   1. (1) Consult with the FSW, FSW Supervisor, and Area Director as to whether a subsidized guardianship arrangement with the initial relative or fictive kin guardians (i.e., reunification) or the successor guardian is in the child’s best interest or if another permanency option is more appropriate; and
   2. (2) Follow 9 CAR § 40-950, subsidized guardianship agreement finalization, 9 CAR § 40-951, guardianship hearing for subsidized guardianship, and 9 CAR § 40-952, annual subsidized guardianship program review, as appropriate.

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