Eligibility. — Arkansas Code § 9-9-407

§ 9-9-407. Eligibility.

A family is initially eligible for a subsidy for purposes of adoption if: No other potential adoptive family has been identified and is willing and able to adopt the child without the use of a subsidy. 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. 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; The department has determined the family to be eligible; The child is in the custody of the department; and The child has been determined by the department to have special needs. 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. A family is eligible for a legal subsidy for purposes of adoption if: The child is in the custody of the department; or The child was in the custody of the department; Legal custody was transferred to a relative or other person; and The juvenile division case remains open pending the child obtaining permanency.