Arkansas Law That Impacts Children with Special Needs

Arkansas Law that Impacts Children with Special Needs

Child Support for Special Needs Child

· Administrative Order 10: Child Support Guidelines

Section V(b)(4) of the Arkansas Child Support Guidelines authorizes a court to deviate from the guidelines in making an award determination based on the “special education needs or expenses of the child.”

Child Support for Adult Disabled Child

· Ark. Code Ann. § 9-12-312(a)(6)(B).

§ 9-12-312(a)(6)(B) allows a court to order child support to continue beyond the eighteenth birthday of a child “with a disability that affects the ability of the individual to live independently from the custodial parent.”

· Davis v. Davis, 84 S.W.3d 447, 452 (Ark. Ct. App. 2002).

The determination of whether an adult disabled child is entitled to continued support and the appropriate amount of any support award must be made on a case-by-case basis. The Arkansas Court of Appeals upheld an award of $180 a month to the mother of an adult disabled child, given that the child received $441 in monthly social security benefits.

· Towery v. Towery, 685 S.W.2d 155, 158 (Ark. 1985); Hadden v. Hadden, 897 S.W.2d 568, 570 (Ark. 1995).

A parent has no duty to support an adult disabled child if the child becomes mentally or physically disabled after the age of majority.

· Bagley v. Williamson, 269 S.W.3d 837, 840 (Ark. Ct. App. 2007).

An adult disabled child’s move to a group home was a sufficient change in circumstances to warrant the end of child support.

Support for Child Receiving Separate Income

· Lee v. Lee, 233 S.W.3d 698, 703-04 (Ark. Ct. App. 2006).

The trial court did not abuse its discretion in finding that husband was still required to pay child support even though his children were receiving $1500 a month in social security and $6000 a month from a special needs trust as a result of the injuries they sustained in an explosion.

· Bass v. Bass, 387 S.W.3d 218, 222 (Ark. Ct. App. 2011).

The trial court has the authority to consider adoption subsidies and social security benefits received by a child in making an award determination. However, the court must recognize that such children have needs greater than those in ordinary child support cases.

Adoption Subsidy

· Ark. Code Ann. § 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.

· Ark. Code Ann. § 9-9-407(a) – (c). 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 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;

(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) 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.

(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

State and Community Resources

· ACCESS

A 501c3 nonprofit learning disabilities resource center for children, parents, educators and others. Founded in 1994 by two speech-language pathologists and a special educator, the center comprises three main branches. http://www.accessgroupinc.org/

· ADD/ADHD

Advocacy, information and research, news, resources and tools for parents and educators:

o ADDitude http://www.additudemag.com

o CHADD http://www.chadd.org

o ADHD Aware http://www.adhdaware.org

o Attention Deficit Association http://www.add.org

o InsideADHD_org http://www.insideadhd.org

o National Resource Center on ADHD http://www.help4adhd.org

o A Mom’s View of ADHD http://adhdmomma.com/category/attentionfocus

· Arkansas Department of Human Services

Children's Services Information. humanservices.arkansas.gov/ddds/pages/childrensservicesinfo.aspx

· Autism

News, advocacy information, research, tools for parents, educators and children:

o Arkansas Autism Alliance http://www.arkansasautismalliance.org/

o The Autism News http://theautismnews.com/

o The Autism Society http://www.autism-society.org/

o The National Autism Association http://nationalautismassociation.org/

o Autism Classroom.com http://autismclassroom.com/

o Autism Today http://www.autismtoday.com/

o Awe in Autism http://www.aweinautism.org/

o Autism Research Institute http://www.autism.com/

o Autism Speaks DC http://www.autismspeaks.org/what-autism

o Autism Society http://www.autism-society.org/

· Brain Balance Center

The Center is actually a network for Out-of-School Time programs who work with children with disabilities including ADHD, dyslexia, autism and other special needs. Check out their blog site, which is full of great resources, articles and ideas for supporting children with disabilities as well as their families. http://www.brainbalancecenters.com/blog/

· Cerebral Palsy

Research, advocacy, tools, news related to cerebral palsy:

o Reaching for the Stars http://reachingforthestars.org/

o United Cerebral Palsy http://ucp.org/

· Down Syndrome

Advocacy, information and research, resources and tools for parents and educators:

o National Down Syndrome Society http://www.ndss.org/

o Arkansas Down Syndrome Association http://www.ardownsyndrome.org/

o National Down Syndrome Congress http://www.ndsccenter.org

o Down Syndrome Research and Treatment Foundation http://www.dsrtf.org

o Down Syndrome Footprint Foundation www.downsyndromefootprint.com

o Down Syndrome Education International http://www.dseinternational.org/en-us

· Dyslexia

Advocacy, information and research, news, resources and tools for parents and educators:

o Dyslexia Action http://www.dyslexiaaction.org.uk/

o Power of Dyslexia http://www.thepowerofdyslexia.com/

o Dyslexic Advantage http://dyslexicadvantage.com

· Easter Seals Arkansas

The mission of Easter Seals Arkansas is to provide exceptional services to ensure that all people with disabilities or special needs have equal opportunities to live, learn, work, and play in their communities.

www.eastersealsar.com/content/mission-statement

· Special Needs.com

Website full of resources, articles, activities ideas for educators and parents with or working with children with special needs.

http://www.specialneeds.com

· Supporting Emotional Needs of the Gifted (SENG)

SENG is an organization that is dedicated to fostering environments in which gifted adults and children understand and accept themselves and are understood, valued, nurtured, and supported by their families, schools, workplaces and communities. Lots of articles on various related topics are available through this website. http://www.sengifted.org/about-seng

· Tes Connect

Over 14,000 free learning resources for special educational needs (SEN) teachers including lesson plans, activities, games, teaching ideas, classroom resources and worksheets.

http://www.tes.co.uk/sen-teaching-resources

· Wrightslaw Yellow Pages for Kids