Arkansas

Family Law

Family Law

Section 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 for a subsidy under the current rules for subsidized adoptions.
(2)

(A) The adoptive parents shall immediately notify the Department of Human Services when the adopted child is no longer under the care of the adoptive parents.
(B) The department shall review the adoption subsidy agreement and determine if the adoption subsidy shall be terminated when the adoptive parent is no longer legally responsible for providing care and support for the adopted child.
(b) If funding for the subsidized program is discontinued, all contracts that have been executed under this section and §§ 9-9-408 and 9-9-411 shall continue to be honored and shall be a valid claim against the State of Arkansas in keeping with the original subsidy agreement as long as eligibility for the subsidy continues under § 9-9-411.
(c) The subsidy agreement may be extended until the age of twenty-one (21) years if the child has a documented disability or condition that prevents the child from existing independently from the adoptive family. To be eligible for the extended subsidy, the family of the child must have applied for supplemental security income benefits prior to the child’s turning eighteen (18) years and have been denied.

Ark. Code § 9-9-410

Amended by Act 2015, No. 1018,§ 2, eff. 7/22/2015
Acts 1979, No. 1109, § 4; 1981, No. 858, § 1; A.S.A. 1947, § 56-133; Acts 1999, No. 945, § 7