§ 9-9-401. Title

This subchapter shall be known and may be cited as the “Arkansas Subsidized Adoption Act” and includes only state-funded adoptions.

§ 9-9-402. Definitions

As used in this subchapter: (1) “Child” means a minor as defined by Arkansas law; and (2) “Special needs” means a child who is not likely to be adopted by reason of one (1) or more of the following conditions: (A) The child has special needs for medical or rehabilitative care; (B) Age; (C) A […]

§ 9-9-403. Purpose

The purpose of this subchapter is to supplement the Arkansas adoption statutes by making possible through public financial subsidy the most appropriate adoption of each child certified by the Department of Human Services as requiring a subsidy to assure adoption.

§ 9-9-404. Administration — Funding

(a) The Department of Human Services shall establish and administer an ongoing program of subsidized adoption by persons who are determined by the department to be eligible to adopt under this subchapter. (b) Subsidies and services for children under this program shall be provided out of funds appropriated to the department for the maintenance of […]

§ 9-9-405. Promulgation of rules

(a) The Department of Human Services shall adopt rules consistent with this subchapter. (b) The department shall adopt rules to ensure that post-adoptive services are provided to adoptive parents who seek the assistance of the department to prevent the adoption from being disrupted.

§ 9-9-406. Records confidential

All records regarding subsidized adoption shall be confidential and may be opened for inspection only under the provisions of § 9-9-217.

§ 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 has been identified and 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 […]

§ 9-9-408. Subsidy agreement required — Commencement of subsidy

(a) When parents are found and approved for adoption of a child certified as eligible for a subsidy and before the final decree of adoption is issued, there must be a written agreement between the family entering into the subsidized adoption and the Department of Human Services. (b) (1) Adoption subsidies, the amount of which […]

§ 9-9-409. Subsidy amounts

(a) The amount of the subsidy may be readjusted periodically with the concurrence of the adopting parents, which may be specified in the adoption subsidy agreement, depending upon a change in circumstances. (b) The subsidy may be for special services not covered by any other available resource, which include health or education services. To ensure […]

§ 9-9-410. Subsidy agreements — Duration

(a) (1) The subsidy agreement shall be binding and constitute an obligation against the State of Arkansas until the adopted child reaches the age of eighteen (18) years or the benefits available to him or her under the subsidy agreement are provided by other state or federal programs or the adoptive parents no longer qualify […]

§ 9-9-411. Subsidy agreements — Renewal, termination, or modification

(a) (1) (A) When subsidies are for more than one (1) year, the adoptive parents shall present an annual sworn certification that the adopted child remains under their care and that the condition that caused the child to be certified continues to exist. (B) An adoptive parent commits the offense of providing a false statement […]

§ 9-9-412. Appeals

Any subsidy decision by the Department of Human Services which the placement agency or the adoptive parents deem adverse to the child shall be reviewable according to the provisions of § 20-76-408.