Arkansas HB 1848: TO ALLOW FOR A GUARDIANSHIP SUBSIDY IN ORDER TO KEEP A CHILD FROM BEING REMOVED FROM THE CUSTODY OF HIS OR HER PARENT AND PLACED INTO FOSTER CARE.

Bill Text

Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
94th General Assembly A Bill 2
Regular Session, 2023 HOUSE BILL 1848 3
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By: Representative Scott 5
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For An Act To Be Entitled 7
AN ACT TO AMEND THE ELIGIBILITY REQUIREMENTS UNDER 8
THE ARKANSAS SUBSIDIZED GUARDIANSHIP ACT TO ALLOW FOR 9
A GUARDIANSHIP SUBSIDY IN ORDER TO KEEP A CHILD FROM 10
BEING REMOVED FROM THE CUSTODY OF HIS OR HER PARENT 11
AND PLACED INTO FOSTER CARE; AND FOR OTHER PURPOSES. 12
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Subtitle 15
TO ALLOW FOR A GUARDIANSHIP SUBSIDY IN 16
ORDER TO KEEP A CHILD FROM BEING REMOVED 17
FROM THE CUSTODY OF HIS OR HER PARENT AND 18
PLACED INTO FOSTER CARE. 19
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22
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SECTION 1. Arkansas Code § 9-8-204(a), concerning a child's 24
eligibility for a guardianship subsidy, is amended to read as follows: 25
(a) A child is eligible for a guardianship subsidy if the Department 26
of Human Services determines the following: 27
(1) For a child who is in the custody of the department: 28
(1)(A) The child has been removed from the custody of his 29
or her parent or parents as a result of a judicial determination to the 30
effect that continuation in the custody of the parent or parents would be 31
contrary to the welfare of the child; 32
(2)(B) The department is responsible for the placement and 33
care of the child; 34
(3)(C) Being returned home or being adopted is not an 35
appropriate permanency option for the child; 36

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(4)(D) Permanent placement with a guardian is in the best 1
interest of the child; 2
(5)(E) The child demonstrates a strong attachment to the 3
prospective guardian, and the guardian has a strong commitment to caring 4
permanently for the child; 5
(6)(F) With respect to a child who has attained fourteen 6
(14) years of age, the child has been consulted regarding the guardianship; 7
(7)(A)(G)(i) The necessary degree of relationship exists 8
between the prospective guardian and the child. 9
(B)(ii) For the purposes of determining eligibility 10
for a guardianship subsidy, the necessary degree of relationship is satisfied 11
by a relative or fictive kin as defined in § 9-28-108; 12
(8)(H) The child is eligible for Title IV-E foster 13
care maintenance payments, or the department determines that adequate funding 14
is available for the guardianship subsidy for a child who is not Title IV-E 15
eligible; 16
(9)(I) The home of the prospective guardian complies 17
with any applicable rules promulgated by the: 18
(A)(i) Child Welfare Agency Review Board for 19
foster home licensure; and 20
(B)(ii) Department for foster home approval; 21
and 22
(10)(J) While in the custody of the department, the 23
child resided in the home of the prospective relative guardian for at least 24
six (6) consecutive months after the prospective guardian's home was opened 25
as a foster home.; and 26
(2) For a child who is not in the custody of the department: 27
(A) The child is in the custody of at least one (1) 28
parent; 29
(B) The department has an open protective services case 30
with the parent or parents of the child; 31
(C) At least one (1) safety factor is present which puts 32
the child at risk of removal from the custody of the parent or parents under 33
the Arkansas Juvenile Code of 1989, § 9-27-301 et seq., or the Child 34
Maltreatment Act, § 12-18-101 et seq.; 35
(D) A relative or fictive kin is available and willing to 36

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assume guardianship of the child; 1
(E) The child demonstrates a strong attachment to the 2
prospective guardian, and the guardian has a strong commitment to caring 3
permanently for the child; 4
(F) With respect to a child who has attained fourteen (14) 5
years of age, the child has been consulted regarding the guardianship; 6
(G)(i) The necessary degree of relationship exists between 7
the prospective guardian and the child. 8
(ii) For the purposes of determining eligibility for 9
a guardianship subsidy, the necessary degree of relationship is satisfied by 10
a relative or fictive kin as defined in § 9-28-108; 11
(H) The department determines that adequate funding is 12
available for the guardianship subsidy; 13
(I) The home of the prospective guardian complies with any 14
applicable rules promulgated by the department; 15
(J) Guardianship over the child by the prospective 16
guardian would eliminate all safety factors identified by the department; and 17
(K) The child's parents consent to the prospective 18
guardian assuming guardianship over the child. 19
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SECTION 2. DO NOT CODIFY. Rules. 21
The Department of Human Services shall to promulgate rules to implement 22
this act. 23
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SECTION 3. DO NOT CODIFY. Rules. 25
(a) When adopting the initial rules required under this act, the 26
Department of Human Services shall file the final rules with the Secretary of 27
State for adoption un