§ 9-9-407 - Eligibility.
9-9-407. Eligibility.
(a) A family is initially eligible for a subsidy for purposes of adoption if:
(1) (A) No other potential adoptive family is willing and able to adopt the child without the use of a subsidy.
(B) In the case of a child who has established significant emotional ties with prospective adoptive parents while in their care as a foster child, the Department of Human Services may certify the child as eligible for a subsidy without searching for families willing to take the child without a subsidy.
(C) In the case of a child who will be adopted by members of his or her biological family, the department may certify the child as eligible for a subsidy without searching for families willing to take the child without a subsidy;
(2) The department has determined the family to be eligible pursuant to a means-based test;
(3) The child is in the custody of the department; and
(4) The child has been determined by the department to have special needs.
(b) (1) Annually, the department shall redetermine eligibility on each state adoption subsidy.
(2) A state adoption subsidy shall cease if the adoptive family is no longer:
(A) Eligible for the subsidy based on the means-based test; or
(B) Providing care and support for the adoptive child.
(c) A child who is a resident of Arkansas when eligibility for a subsidy is certified shall remain eligible and receive a subsidy, if necessary for adoption, regardless of the domicile or residence of the adopting parents at the time of application for adoption, placement, legal decree of adoption, or thereafter.
(d) A family is eligible for a legal subsidy for purposes of adoption if:
(1) The child is in the custody of the department; or
(2) (A) The child was in the custody of the department;
(B) Legal custody was transferred to a relative or other person; and
(C) The juvenile division case remains open pending the child obtaining permanency.