016-15-11 Ark. Code R. § 1

Current through Register Vol. 49, No. 6, June, 2024

Rule 016.15.11-001 - Policies and Procedures; Revised, New and Rescinded Rules

Excerpt, DHS Division of Children & Family Services' Policy Manual, POLICY l-F POLICY I-F: CONFIDENTIALITY

FOR THE SAKE OF BREVITY, SOME NONAFFECTED POLICY HAS BEEN DELETED. 06/2011

CONFIDENTIALITY OF CHILD IN FOSTER CARE

When a release of information regarding a child is requested, the FSW shall take the necessary steps to guard the confidentiality of personal information. The steps include:

(1) assuring that no identifying or potentially harmful information on a child is released, and (2) the consent shall be reviewed and approved by OCC. Court orders that direct the release of specific information to specified offices, agencies or people shall be construed as proper consent for release of information. No other consent is necessary. However, OCC should be informed whenever such a release of information is being made.

Requests for media releases includes requesting permission to release photographs, voice reproductions, slides, video tapes, movie films, promotional pamphlets, news releases, etc. The FSW shall review the contents of such release along with OCC and make any necessary modifications. Consideration should be given to the protection of the child's identity and assurances that the contents of the material released will present the child in a light that would not be distasteful or negative to the child. The Director of the Division of Children and Family Services or designee shall be consulted in matters that may reflect on the Division. In cases of consents for coverage by news media, consultation should also be sought from the Director of Communications. This consent must be signed by the DCFS Communications Specialist or designee. The foster parents shall be informed of these policies.

The Adoption Specialist must obtain documented consent from a child 10 years of age or older, to show photographs for recruitment of an adoptive family.

PROCEDURE Ill-El: Client Drug Screening

FOR THE SAKE OF BREVITY, SOME NONAFFECTED PROCEDURES HAVE BEEN OMMITTED. 06/2011

To administer the test, the Tester will:

A. Refer to testing information (for test procedure, interpreting results and other testing information.

B. Put the client's purse/pouch and jacket away and empty all of the client's pockets.. The tester will observe, but not touch, each of the client's pockets to ensure that they are empty. The only item the client may take into the restroom stall is the collection container.

C. Escort the client to the restroom. Directly observe the clients wash their hands without soap.

D. Give the client only the collection container. The client must not have access to the test Instruct the client to fill the cup to the marked line. The tester will observe the client enter the restroom stall, close the stall door to give privacy to the person being tested and remain immediately outside the stall. The tester will not directly observe the client in the process of urination unless court ordered to observe. If court ordered to observe, the witness must be the same gender as the client.

E. If the client has difficulty giving a specimen, have the client drink at least 8 - 10 ounces of water and wait up to two hours for the client to give a urine specimen. Do not attempt to do the drug test if a minimum of three hours are not left in the workday.

F. Under normal circumstances, limit the entire testing process to not exceed 30 minutes. (If the client has difficulty giving a specimen, refer to instruction E above.)

G. After the cup has been returned to the tester, visually examine the specimen. Suspicion of adulteration and/or dilution should be verified by use of the appropriate test.

H. Document the results and sign the form. Also, have the client sign the form. If the specimen test results are positive and the client challenges the result, offer to retest.

1) DCFS will only pay for one client challenge of a positive drug test. If the re-test still shows a positive drug test, the client must bear the cost of additional challenges to that test. If the re-test is negative, the client may challenge the next positive drug test. At the point the client challenges a drug test and DCFS pays for the challenge and the drug test is still positive, the client must pay for challenges to any future positive drug test. Challenges do not have to be in consecutive order.

I. If the result of the client's drug test is positive for controlled substances and is challenged by the client, prepare the urine specimen for laboratory testing.

1) Notify the DCFS Prevention & Support Manager or designee that the collection will be sent for further testing, by faxing a copy of the Chain of Custody, prior to the urine specimen being sent to the lab.

2) Check for leakage of the collection device prior to mailing/sending the specimen for confirmation testing; and

3) Use the supplied mailer envelopes to send the challenged, positive, urine specimens to:

Scientific Testing Laboratories 463 Southlake Boulevard Richmond, VA 23236

4) The lab contact number is 1-800-977 -9130

5) The lab will not process urine specimens that are received without proper identification.

J. If the client does not challenge the results of the test, return the specimen cup to the client after the specimen has been tested and the results documented. The client will dispose of the contents in the toilet or urinal, flush, and discard the container in the designated trash container.

WARNING: Do NOT dispose of a urine specimen that needs to be sent to Scientific Testing Laboratories for further testing.

K. Give the client a copy of the completed Controlled Substance Test form with the results documented.

L. Send the DCFS worker a copy of the completed Controlled Substance Test form with the results documented within 24 hours.

M. If contested, documentation of the chain of custody of urine specimens taken from test subjects shall be verified by affidavit of one person witnessing the procedure or extraction, packaging, and mailing of the samples and by one person signing for the samples at the location where the samples are subject to the testing procedure.

1) Submission of the affidavits, along with the submission of the test results, shall be competent evidence to establish the chain of custody of those urine specimens.

a. For a court ordered test, a written report of the test results may be prepared by the person conducting the test, or by a person under whose supervision or direction the test and analysis have been performed.

b. This report must be certified by an affidavit subscribed and sworn to before a notary public.

c. This report may be introduced in evidence without calling the person as a witness, unless a motion challenging the test procedures or results has been filed within 30 days before the hearing and bond is posted in an amount sufficient to cover the costs of the person's appearance to testify.

d. Whenever a court orders scientific testing for drug or alcohol abuse and one of the parties refuses to submit to the testing, that refusal shall be disclosed to the court.

DCFS staff may conduct oral fluids drug and alcohol screens. The tester must be trained by the vendor and follow instructions for test procedure and interpreting results.

The Tester in each county office will:

A. Maintain an adequate supply of testing materials, to include copies of drug testing information. The supplies will be kept in the county office.

B. Monitor closely the specimen collection supplies. The supplies on hand should never fall below 15 kits. The expiration date should be clearly marked on each drug-screening kit. Kits past their expiration dates will NOT be used. Notification of needed supplies and supply questions will be addressed to the Prevention & Support Manager or designee.

C. Use new supplies only after current supplies are depleted. Contact the Program Manager if the county has several kits nearing expiration. Under no circumstances shall a kit be used past its expiration date.

D. Store the drug-screening kits at room temperature.

E. Maintain and have DCFS Drug Screening information available for review at all times.

F. Address questions pertaining to Chain of Custody Challenged test to the Prevention & Support Unit.

POLICY Vl-B: MAINTAINING FAMILY TIES IN OUT-OF-HOME PLACEMENT

06/2011

The Division believes that strengths of families and supporting these strengths contribute to life-long permanent relationships for children. This belief is supported by research demonstrating that children who are able to maintain positive family ties while in out-of-home placement achieve better short- and long-term outcomes. Therefore, families and children shall have reasonable opportunities for personal visits, communication by telephone, and involvement in life events such as teacher conferences, school and community events. A plan for visits shall be developed between a child in out-of-home placement and the family and siblings, whether or not the siblings are in out-of-home placement. The preferred location for the visits is the parent's home or, if that is not possible, in the most homelike setting possible. Office visits are a last resort.

Siblings shall live together in the same foster home. When it is in the best interest of each of the children, the Department shall attempt to place siblings together while they are in a foster care and adoptive placement. Siblings may be placed separately only if an assessment determines that placement of the siblings together would be detrimental to their best interest or is otherwise not possible at the time of initial placement. The reasons for the separation must be provided in a written recommendation from appropriate DCFS staff .The case plan must include when siblings will be reassessed to determine if they can be reunited at a later point in time, and, if the reassessment determines reunification is appropriate, the plan for sibling reunification. The Division shall ensure that the reasons for the separation of siblings, or infants with minor mothers, into different foster homes are regularly reassessed and targeted recruitment efforts continue to reunite the siblings.

Children in DHS custody may have an opportunity to visit with grandparents or great grandparents provided the visits are in the best interest of the children.

If it is in the child's best interest, visits between siblings and with relatives may continue after Termination of Parental Rights (TPR), if visitation was established prior to TPR. Visitation after TPR will continue until an adoption placement is made or the Out-of-Home placement case is closed. Continuation of visits with relatives does not include the parents for whom the agency has obtained TPR.

PROCEDURE VI-B1: Maintaining Family Ties in Out-of-Home Placement

The Family Service Worker will:

A. Develop a plan for visitation within five working days of placement.

B. Arrange for parental visits to occur no less than weekly with the frequency increasing, as the family is prepared for reunification.

C. Obtain approval from the County Supervisor for any deviations from required frequency of visitation.

D. Request that deviations due to staff shortages be approved by the Area Director.

E. Place siblings together in the same foster home. A foster home shall have no more than five unrelated children in care. The foster home may care for up to eight children if they are all related to each other. A foster home shall not have more than eight children in their home, including their own children. This includes placement or respite care. For example:

0children of the foster parent and 8 children that are related (to each other)

1child of the foster parent and 7 children that are related (to each other)

2children of the foster parent and 6 children that are related (to each other)

3children of the foster parent and 5 children that are related (to each other) or unrelated

F. Place infants with minor mothers in the same foster home.

G. Separate siblings, or infants with minor mothers, by placement only if an assessment determines that placement of the siblings together would be detrimental to their best interest or is otherwise not possible at the time of initial placement. Provide a written recommendation indicating the reasons for the separation as well as the steps that will be taken to reunify the siblings in a single placement (if appropriate) and file in the case record. Considerations to separate siblings may include:

1) Allegations of abuse between siblings are under investigation and/or have been founded.

2) Written determination by a Mental Health Professional that placement of the siblings together would be detrimental to their best interest.

3) There are not sufficient resources to allow the sibling group to be placed together.

H. Arrange for sibling visitation to occur no less than every two weeks, when siblings are placed separately.

I. Document efforts to reunify siblings, or infants with minor mothers, placed separately.

J. Arrange visitation between the child and grandparent or great grandparent if and as appropriate. K. Document sibling and relative visits that occur after TPR in CHRIS contacts screen.

The Director's designated Administrator will:

A. Receive requests to place siblings, or infants with minor mothers separately.

B. Approve/disapprove requests.

POLICY Vll-J: CHILD MALTREATMENT ALLEGATIONS CONCERNING OUT-OF-HOME PLACEMENTS

06/2011

All child maltreatment allegations concerning any person in a foster home shall be investigated in accordance with the Child Maltreatment Act § 12-18-602. As with all children whose interest becomes the concern of DCFS, the safety and welfare of any children in foster care shall be paramount.

If any child in foster care is the subject (alleged offender or alleged victim) of an allegation of child maltreatment, the Division shall notify the child's family, the OCC attorney, Child Abuse Hotline, the child's CASA and the child's attorney ad litem. The attorneys ad litem for all other children placed in the home shall be notified as well.

Priority I Allegations

For all Priority I allegations, if the alleged offender is a foster parent or any other member of the foster family household, then all the children in foster care in that home will be removed from that foster home. If the alleged offender is a child in foster care, unless he or she is the only child in the home, then the alleged offender child will be removed from that home and placed in a foster home without any other children. Any exceptions to this policy must be approved and documented by the Assistant Director of Community Services.

Priority II Allegations

When any foster home is the subject of a Priority II child maltreatment allegation, an evaluation will be conducted on an individual basis to determine if the child(ren) can safely remain in the home during the investigation. If it can be shown that it is in the best interest of any of the children currently placed in that foster home, a protection plan may be considered to allow any or all of the children in foster care to remain in a home involved in a maltreatment report. If the safety and welfare standards of the Division cannot be met and the children cannot safely remain in the home, the children in care shall be removed and placed in another approved foster home.

While any foster home is being investigated because of a maltreatment allegation, Priority I or II, no additional children in foster care may be placed in the home. The Resource Worker will be notified by the Area Director of any maltreatment allegations concerning foster homes.

If the Priority I or II allegation report is unsubstantiated, consideration will be given to returning any children who were removed from the foster home as a result of the allegation. This will be determined by holding a staffing so that all stakeholders may have input. Decisions will be made on a case by case basis and will be based on the best interest of the child.

If the report of Priority II maltreatment is an investigative true finding, the protection plan must be reevaluated if the children are allowed to remain in the home during the administrative hearing process.

Regardless of the finding, upon completion of a child maltreatment investigation, the Resource Worker will reevaluate the foster home if the home is to remain open.

For all investigative determinations where allegations of Priority II child maltreatment are found true and upheld by the administrative hearing, the well-being of each child who is in the home will be reassessed on an individual basis. If it can be shown that it is in the best interest of any child to remain in that home, then a waiver or alternative compliance, depending on the situation, may be requested so that the home may remain open to care for that child.

In those cases where the foster home is allowed to remain open, if the foster parents wish to be considered for the placement of additional children, a reevaluation of the home will be conducted before any additional child is considered for placement in that home regardless of the finding of the investigation and/or the administrative hearing ruling. The reevaluation should determine if any corrective action(s), revised Individualized Training Plan, etc are necessary to ensure the health and safety of any and all children placed in the home.

PROCEDURE VII-J1: Initial Report Response

06/2011

When any initial report of child maltreatment is made and concerns any person in a foster home, the Family Service Worker or CACD will follow DCFS Child Maltreatment Assessment Protocol and begin an investigation within 24 hours for Priority I investigations or within 72 hours for Priority II allegations.

DHS will then:

A. Notify immediately, but no later than five business days the child's custodial/non-custodial parent(s), attorney ad litem and OCC attorney whenever the child is the victim or offender named in an allegation of child maltreatment with the following forms:

1) CFS-204-A: Notice of Child Maltreatment Allegation to Legal Parent(s), Legal Guardian(s) and Current Foster Parent(s) of Alleged Offender in Foster Care

2) CFS 205-A: Notice of Child Maltreatment Allegation to Legal Parent(s), Legal Guardian(s), and Current Foster Parent(s) of Alleged Victim(s) in Foster Care

3) CFS 208-A: Notice of Child Maltreatment Allegation to Attorney Ad Litem and CASA of Alleged Offender

4) CFS 206-A: Notice of Child Maltreatment Allegation to Attorney Ad Litem, CASA, and Counsel in Dependency Neglect or FINS Case of Alleged Victim(s)

B. Notify attorneys ad litem for all children placed in the same out-of-home placement, via the CFS-209-A: Notice of Child Maltreatment Allegation to AAL or CASA of Child in Foster Home Where Maltreatment Is Reported or Where an Alleged Juvenile Offender or Underaged Juvenile Aggressor is Placed, immediately, but no later than five business days.

C. If there is an allegation of sexual abuse perpetrated by a child in foster care, a public defender will be assigned to the child. DHS will provide notice of the investigative determination to all those individuals as outlined in PROCEDURES XIV-A4 and A5.

D. Follow all policies and procedures concerning the investigation of child abuse.

E. If the allegation is a Priority I and a foster parent or member of the foster family household is the alleged offender, all children in foster care will be removed from the home. If the allegation is a Priority I and the alleged offender is a child in foster care, remove the alleged offender child from the home and place that child in a foster home without any other children, unless he is the only child in the home. Any exceptions to this policy must be approved and documented by the Assistant Director of Community Services.

F. If the allegation is a Priority II, conduct a safety/risk assessment on each child in the home. Determine on an individual basis for each child in the home if it is necessary to immediately remove them from the home to protect their safety and welfare. Regardless of who the alleged offender is (e.g. one of the foster parents, another adult member of the household, one of the children in care, or one of the foster parent's own children), the FSW will determine if the children in care can remain in the home with the implementation of a protection plan on an individual case-by-case basis. This includes determining the placement structure that best meets all the needs of the children and all members of the foster home. For example:

1) The alleged victim child in care may be removed from the home.

2) The alleged aggressor child may be removed from the home.

3) Any of the children in care who are neither an alleged aggressor nor an alleged victim may be removed or remain in the home based on an individual, case-by-case determination of what is in their best interest and welfare.

4) The FSW will review all relevant information to make this decision. This would include, but is not limited to, the characteristics and history of the child in foster care. The history and characteristics of the foster parents and their own children (if any) should be assessed as well. The FSW will document this information in the case record and the reasoning behind the decisions made.

If it is determined that with the implementation of a protection plan any of the children in care may remain in the home, the FSW will:

A. Develop an appropriate protection plan.

B. Meet with the foster parent(s) and all age appropriate children to introduce the plan, review it, and answer any questions any of the participants may have.

C. Make a visit to the home to meet with the children and foster parents at least on a weekly basis while the protection plan is being implemented and followed. The FSW will meet individually with foster parents and children in care, if age appropriate, to assess the protection plan, the continued well-being of the children, and to determine any adjustments that may need to be made.

The Area Director will:

A.Notify the Resource Worker of the maltreatment allegation.

The Resource Worker will:

A.In CHRIS, classify the home under investigation as "unavailable" so that no more children may be placed in that home until the resolution of the investigation.

B.Assist with the monitoring of the protection plan as appropriate.

PROCEDURE VII-J2: Response to True Finding

If the Priority II allegation is found true, the FSW will:

A. Reassess the protection plan.

B. Determine if the children in care may continue their placement in the home while the foster parents appeal the finding.

C. Remove any or all of the children from the home, determined on a case-by-case basis, if necessary to ensure their safety and well-being.

PROCEDURE VII-J3: Response to True Finding Reversed on Administrative Appeal, Priority I and II

The FSW will:

A.Arrange and hold a staffing to determine on a case by case basis if:

1) it is in the best interest of the children to remain in/return to that foster home; and,

2) if it is appropriate to consider the home as a placement resource for additional children in care.

B.If the results of the staffing determine that it is appropriate to allow the children involved in the allegation to remain in/return to the home, reassess the protection plan and adjust accordingly if necessary.

C.If the staffing determines that any children still in the foster home should be removed, remove the children from the home.

The Area Director will:

A. Notify the Resource Worker that the home may be removed from "unavailable" status in CHRIS if the staffing determines that it is appropriate to consider the home as placement resource for additional children in care.

The Resource Worker will:

A.At the instruction of the Area Director, remove the home from "unavailable" status in CHRIS.

Procedure VII-J4: Response to True Finding Upheld on Administrative Appeal, Priority I and II

If the true finding is upheld by the administrative hearing, the foster home may remain open for any of the children currently in placement in the home if it can be shown that it is in the best interest of the child(ren) to remain in the home. This should be done on an individual basis for each child.

The FSW will:

A. Review the existing protection plan.

B. Make any necessary changes and adjustments to the plan.

C. Create the necessary documents for requesting that the foster home be granted a policy waiver and/or alternative compliance (see Appendix 9: Alternative Compliance and Policy Waiver Protocol for more information) so that it may remain open.

D. Forward all case information for the policy waiver and/or alternative compliance request, including investigative outcomes, FSNRA, and protection plans, to the Area Director.

E. If at any point the policy waiver and/or alternative compliance request is denied:

1) Remove all children in care from the foster home.

2) Find new and appropriate placements for the removed children.

3) Notify the Resource Worker that the foster home must be closed.

F.Document the decision made on any policy waiver request in CHRIS.

G. If the alternative compliance request is reviewed by the Child Welfare Agency Review Board, document the decision of the board in CHRIS.

The Area Director will:

A. Review all received policy waiver and/or alternative compliance request(s) and supporting materials.

B. Grant or deny approval for policy waiver and/or alternative compliance request(s) as appropriate.

C. If approved, forward the request(s) to the Assistant Director of Community Services for approval.

The Assistant Director of Community Services will:

A. Review the received policy waiver and/or alternative compliance request(s) and supporting materials.

B. Grant or deny approval for policy waiver and/or alternative compliance request(s) as appropriate.

C. If approved, forward the request(s) to the Division Director for approval.

The Division Director will:

A.Review received policy waiver and/or alternative compliance request(s) and supporting materials.

B.Grant or deny approval for policy waiver and/or alternative compliance request(s) as appropriate.

C.If approved, forward any alternative compliance request(s) to the Placement and Residential Licensing Unit (PRLU) Manager and staff.

The PRLU Manager will:

A.Deny any inappropriate request for an alternative compliance; or,

B.Approve the request and place it on the agenda of the next scheduled meeting of the Child Welfare Agency Review Board (CWARB).

The Resource Worker will:

A.Reevaluate any foster home that is granted a policy waiver approval from the Assistant Director of Community Services and/or alternative compliance approval from the Child Welfare Agency Review Board.

B.Close any foster home that is denied a policy waiver and/or alternative compliance approval at any point during the request review and document in CHRIS that the home is closed.

C.Provide the reason for closure in the comment box in the Provider Services Tab.

PROCEDURE VIII-A3: Interagency Support for Youth with Disabilities

01/2011

In order to promote continuity of care for youth with disabilities, Adult Protective Services (APS), DCFS, Division of Youth Services (DYS), Division of Developmental Disability Services (DDS), and Division of Behavioral Health Services (DBHS) have signed a Memorandum of Understanding that describes each Division's roles and responsibilities.

The FSW will:

A. Arrange an interagency case staffing and initiation of transition plan following youth's 14^th birthday.

B. Arrange an interagency case staffing within 30 days to include PACE determination and DD diagnosis identified for individuals taken into custody after age 14.

C. Arrange an interagency review every six months for youth likely to require state custody status as an adult.

D.Invite the youth's TYS Coordinator and any other appropriate individuals to the interagency case staffing and all subsequent interagency reviews.

APS will:

A. Review plan and identify issues requiring clarification or issues that might have been omitted and request this information from DCFS.

B. Participate in case staffing and transition plan review following client's 17^th birthday.

APS, DCFS, DYS, and OCC will apprise court of transition plan.

APS and DDS will review transition plan and arrange appropriate placement prior to client's 18^th birthday.

PROCEDURE Vlll-Cl: After Care and Follow Up

If the youth is still in foster care, the FSW will:

A.Work with the youth requesting after care support. Request will be made via CFS-004: Request for After Care Support.

B.Send CFS-004 to the youth's TYS Coordinator.

C.Assign the TYS Coordinator as the primary worker.

If the youth has already left foster care, the TYS Coordinator will:

A.Work with the youth requesting after care support. Request will be made via CFS-004.

B.Request his or her Supervisor to reopen the youth's closed child protective service case and assign the TYS Coordinator as the primary worker.

Once the TYS Coordinator is assigned as primary worker, he or she will:

A. Select Independent Living Program as the case type on the Case Summary Screen.

B. Complete the Contact Screen for all contacts with youth, and update as appropriate.

C. Complete Education and Employment screens and update as appropriate.

D. Update Client Contact Information as appropriate.

E. Document in the Client Contact Information Screen, the type and extent of financial assistance to be provided.

F. Assist the youth in selecting a residence that is appropriate for his or her immediate needs, if needed.

G. Complete a CFS-370: Residence Checklist for Youth to assure the residence and location are acceptable and document in the Document Tracking screen in CHRIS.

H. Provide the youth with available alternatives for meeting their immediate housing needs, if appropriate.

I. Recommend and assist in arranging for personal or community support as requested.

J. Assist the youth in applying for assistance if he or she wishes to start or continue a post-secondary educational program.

K. Document purchase requests in the Document Tracking screen, and if approved, document in Client Contact Information Screen. Payment is not made directly to the youth, except for approved travel reimbursement.

L. Forward after care support requests to Financial Support Unit at least two weeks before payment is due. M. Maintain monthly contact with the youth.

POLICY VIII-I: ADOPTION SUBSIDY

06/2011

The Division provides a federal (title IV-E) or state funded adoption subsidy as a service to assist in making adoption possible for a child, who, with special needs, might not otherwise be adopted and for whom a family is not readily available. A child in foster care placed in an adoptive home continues status as a child in foster care until finalization of the adoption and the adoption subsidy is initiated.

CHILD WITH SPECIAL NEEDS

A child with special needs is defined as a child who is free for adoption and belongs to a group of children for whom the Division does not have an adequate resource of approved applicants to provide a pool of available waiting adoptive families. Other children may be eligible for adoption assistance under this category if they have severe medical or psychological needs that require ongoing rehabilitation or treatment. These children include:

A. a Caucasian child nine years or older,

B. a healthy child of color who is two years or older,

C. a member of any sibling group being placed together who share at least one biological parent and who have either lived together or otherwise developed a bond prior to adoptive placement, and the child is:

1) legally free for adoption with parental rights terminated,

2) under 18 years old and whose adoption has not been finalized prior to approval of the subsidy,

3) (for the purposes of a State Subsidy only), in DHS custody, or

4) a member of a Non-Custody/Out-of-Home Placement Services case, or

5) who is SSI eligible at the time the adoption petition is filed.

Children at high risk for the development of a serious physical, mental, developmental or emotional condition may be considered special needs if documentation of the risk is provided by a medical professional specializing in the area of the condition for which the child is considered at risk, but no subsidy payment will be made without documentation that the child has developed the actual condition. (See Procedure VIII-I1.)

Adoption subsidies can be funded through federal title IV-E adoption assistance or state funds depending on the child's eligibility.

Any individual who is adopting or who is considering adopting a child who is in foster care will be notified of their potential eligibility for a Federal Adoption Tax Credit.

Adoption assistance payments may be made to parents who adopt a child with special needs. A child will not be considered special needs unless:

A. The state has determined the child cannot or should not be returned to the home of his parents;

B. The state has determined that a specific factor or condition exists with respect to the child (such as ethnic background, age or membership in a minority or sibling group; or the presence of factors such as medical conditions or physical, mental, or emotional disabilities) because of which it is reasonable to conclude that such a child cannot be placed for adoption without providing adoption assistance or medical assistance under title XIX; and

C. A reasonable, but unsuccessful, effort has been made to place the child without providing assistance except where it would be against the best interest of the child due to such factors as the existence of significant emotional ties with prospective adoptive parents while in the care of such parents as a child in foster care.

D. For the purpose of this policy, "AFDC" refers to the AFDC program as in effect 7-16-1996. ELIGIBILITY

There are five ways that a child can be eligible for title IV-E adoption assistance:

A. The child is AFDC-eligible and meets the definition of a child with special needs.

Adoption assistance eligibility that is based on a child's AFDC eligibility is predicated on a child meeting the criteria both at the time of removal and in the month the adoption petition is initiated. At the time adoption proceedings were initiated, the child must have been removed from the home of a specified relative as a result of a judicial determination to the effect that continuation therein would be contrary to the welfare of the child. For the purpose of adoption assistance, a child must meet the AFDC criteria in the specified relative's home from which he or she is removed. In addition, the special needs determination must be made prior to finalization of the adoption.

B. The child is eligible for Supplemental Security Income (SSI) benefits and meets the definition of a child with special needs.

A child is eligible for adoption assistance if, at the time the adoption petition is filed, the child meets the requirements for title XVI SSI benefits, and prior to the finalization of the adoption is determined by the state to be a child with special needs. There are no additional criteria that a child must meet to be eligible for title IV-E adoption assistance when eligibility is based on a child with special needs meeting SSI requirements. Specifically, how a child is removed from his home or whether the state has responsibility for the child's placement and care is irrelevant in this situation. The child's eligibility for SSI benefits must be established no later than at the time the adoption petition is filed.

C. The child is eligible as a child of a minor parent and meets the definition of a child with special needs. A child is eligible for title IV-E adoption assistance in this circumstance if:

1) The child's parent is in foster care and receiving title IV-E foster care maintenance payments that cover both the minor parent and the child at the time the adoption petition is initiated, AND

2) Prior to the finalization of the adoption, the child of the minor parent is determined by the state to meet the definition of a child with special needs.

There is no requirement that a child must have been removed from the home as a result of a judicial determination. However, if the child and minor parent have been separated in foster care prior to the time of the adoption petition, the child's eligibility for title IV-E adoption assistance must be determined based on the child's current and individual circumstances.

D. The child is eligible due to prior title IV-E adoption assistance eligibility and meets the definition of a child with special needs.

In the situation where a child is adopted and receives title IV-E adoption assistance, but the adoption later dissolves or the adoptive parents die, a child may continue to be eligible for title IV-E adoption assistance in a subsequent adoption. The only determination that must be made by the state prior to the finalization of the subsequent adoption is whether the child is a child with special needs. Need and eligibility factors must not be redetermined when such a child is subsequently adopted because the child is to be treated as though his circumstances are the same as those prior to his previous adoption. Since title IV-E adoption assistance eligibility need not be reestablished in such subsequent adoptions, the manner of a child's removal from the adoptive home, including whether the child is voluntarily relinquished to an individual or private agency, is irrelevant.

E. Due to changes in federal guidelines, some children in foster care who are currently receiving a state-funded subsidy may be eligible for a federal IV-E adoption maintenance subsidy.

Beginning federal fiscal year 2010, which started October 1, 2009, newly adopted children who have been in foster care for at least 60 consecutive months and/or who are 16 years of age or older will be eligible for IV-E adoption assistance as long as they meet their state's definition of special needs and

meet other requirements for IV-E eligibility. These requirements include 1) for court-ordered placements, that the initial placement in care was in the child's best interests and that reasonable efforts to prevent removal were made or are not required to be made and 2) for all placements, that reasonable efforts to finalize the permanency plan were made (and updated every year). Further, children placed with siblings who qualify due to age or length of time in care will also be considered IV-E eligible for adoption assistance.

As shown below, eligibility will be phased in by age over a nine-year period. Children become eligible if they turn the listed age any time during the fiscal year. The federal fiscal year begins the first day of October each year and ends the last day of September the following year.

Federal Fiscal Year	Age of Eligibility	Date of Birth
2010	16 and older	October 1, 1994
2011	14 and older	October 1, 1997
2012	12 and older	October 1, 2000
2013	10 and older	October 1, 2003
2014	8 and older	October 1, 2006
2015	6 and older	October 1, 2009
2016	4 and older	October 1, 2012
2017	2 and older	October 1, 2015
2018	All children

By 2018, newly adopted children of all ages who meet the other IV-E eligibility requirements will be eligible for federal adoption assistance.

If eligible, the Division will make adoption assistance payments to adoptive parents in amounts so determined through an adoption assistance agreement. The amount of such payment:

1) Will take into account the circumstances of the adopting parents and the needs of the child being adopted;

2) May be adjusted periodically with the concurrence of the adoptive parents to reflect changing circumstances; and

3) May not exceed the foster care maintenance payment, which would have been paid during the period if the child with respect to whom the adoption assistance payment is made had been in a foster home.

In determining eligibility for state funded adoption assistance payments, there is an income eligibility requirement (means test) for the adoptive parents. There is no means test for determining eligibility for federal title IV-E adoption assistance payments.

A state legal subsidy may be defined as OCC legal services provided for children in DHS custody. A legal subsidy does not include the use of a private attorney. The children are eligible for a legal subsidy whether or not they meet the criteria for special needs and without regard to eligibility for IV-E, state maintenance subsidy, or nonrecurring subsidy.

Adoption assistance payments may be terminated if it is determined that:

A.The child has attained the age of 18;

B.The parents are no longer legally responsible for the support of the child; or

C.The child is no longer receiving support from the adoptive parents.

Adoption assistance payments may be extended to the age of 21, if the child has a mental or physical disability which warrants continuation and a federally-funded subsidy or state maintenance is received.

In addition, if the child was adopted at age 16 or older, the adoption subsidy may be extended until age 21 under the following circumstances:

A.The child is completing secondary education or a program leading to an equivalent credential; or

B.The child is enrolled in an institution which provides post-secondary or vocational education; or

C.The child is participating in a program or activity designed to promote, or remove barriers to, employment; or

D.The child is employed for at least 80 hours per month; or

E.The child is incapable of doing any of the above described activities due to a medical condition.

The Division will ensure that the child meets these employment or education requirements. If a child is incapable of meeting the above referenced education or employment requirements due to a medical condition, the reason for which the child is incapable of meeting the education or employment requirements must be documented by a medical professional and updated annually until the child reaches 21 years of age.

The adoptive parents are required to inform the Division of circumstances that would make them ineligible for adoption assistance payments or eligible for adoption assistance payments in a different amount.

No payment may be made to parents with respect to any applicable child that is not a citizen or resident of the United States and was adopted outside of the United States or was brought into the United States for the purpose of being adopted. A child that is not a citizen or resident of the US and was adopted outside the US or brought into the US for the purpose of being adopted may be eligible for adoption assistance payments if the initial adoption of the child by the parents is a failure and the child is subsequently placed into foster care.

ADOPTION ASSISTANCE AGREEMENT

An Adoption Assistance Agreement, a written binding agreement between the adoptive parents, the Division, and other relevant agencies must be in place prior to the finalization of the adoption.

The Adoption Assistance Agreement must:

A. Be signed by the adoptive parents and the Division and be in effect before adoption assistance payments are made under title IV-E, but no later than the finalization of the adoption;

B. Specify the duration of the agreement;

C. Specify the amount of the adoption assistance payment (if any) and the nature and amount of any other payments, services, and assistance to be provided (including non-recurring adoption expenses in agreements that became effective on or after January 1, 1987, for expenditures incurred by the parents on or after that date);

D. Specify the child's eligibility for title XIX and title XX;

E. Specify, with respect to agreements entered into on or after October 1, 1983, that the agreement remains in effect regardless of the state of residence of the adoptive parents;

F. Contain provisions for the protection of the interests of the child in case the adoptive parents and child should move to another state while the agreement is in effect; and for agreements entered into on or after October 1, 1983, if needed.

If the service specified in the agreement is not available in the new state of residence, the state making the original assistance payment remains financially responsible for providing the specified service(s).

However, in cases of unknown medical and psychiatric conditions that surface after finalization, applications for federally funded assistance may be submitted. After the initial denial of this application occurs, in accordance with federal regulations, the adoptive family may appeal the decision.

The types of situations that would constitute grounds for an appeal include:

(1) relevant facts regarding the child, the biological family or the child's background were known, but not presented to the adoptive parents prior to the adoption's finalization;

(2)Any subsidy decision which the adoptive parents deem adverse to the child;

(3) erroneous determination by the Division that a child is ineligible for adoption assistance, and

(4)

failure by the Division to advise adoptive parents of the availability of adoption assistance. If an appeal is upheld, the child may be eligible for a federal (title IV-E) or state subsidized adoption. The effective date of a federal (title IV-E) retroactive subsidy payment will be the date of finalization or a date subsequent to finalization.

For foster parent and relative adoptions, it is not necessary to determine that without subsidy the child would not otherwise be adopted.

Payments for a maintenance subsidy and special services subsidy are to meet the needs of the child. In addition, payments for one-time expenses, known as a non-recurring adoption subsidy, may be obtained in order to reimburse the family for out-of-pocket pre-adoptive/finalization expenditures.

MEDICAL COVERAGE

The Division will ensure health insurance coverage for any child determined to be a child with special needs for whom there is an adoption subsidy agreement in effect. Federal title IV-E Medicaid will be utilized to provide medical coverage for a title IV-E eligible child. Medical coverage, for a non-title IV-E eligible child who has a special need for medical or rehabilitative care, may be provided under the Medicaid category Non-title IV-E Special Needs Adoptive Child if the child is eligible for state maintenance subsidy and meets specified Medicaid eligibility requirements. (See Medical Services Policy 6590.2 Eligibility Requirements.) If the child does not qualify for Medicaid under federal title IV-E or Non-title IV-E Special Needs Adoptive coverage, the family may make application for Medicaid under a different category.

Any eligible child for whom there is an adoption assistance agreement in effect is deemed to be a dependent child and is deemed to be a recipient of AFDC (per AFDC requirements in effect 7-16-1996 ). Any child of such eligible child will be eligible for such services.

The Division shall access resources as necessary in Arkansas, the region and nation to find adoptive families for children with special needs.

FOR THE SAKE OF BREVITY, SOME NONAFFECTED PROCEDURES HAVE BEEN OMITTED.

PROCEDURE VIII-I1: Initial Application for Adoption Subsidy

06/2011

The Adoption Specialist will:

A. Follow the same subsidy-related policy and procedures, including subsidies for non-recurring legal expenses, regardless if the adoption is being handled in-state or out-of-state.

B. Ensure close coordination with the other state's adoption worker, if applicable.

C. Determine that the child has a special need in relation to adoption planning, is between the age of birth to 18 years, is in the custody of DHS (for state subsidy only), and is legally free for adoption.

D. Determine if the child is eligible for federal IV-E adoption maintenance subsidy first. If ineligible for title IV-E, determine if the child is eligible for state funded adoption maintenance subsidy.

E. Determine that a reasonable, but unsuccessful, effort has been made to place the child without providing adoption subsidy. Such an effort might include the use of adoption exchanges, referral to appropriate specialized adoption agencies, or other such activities. There are exceptions to this requirement when applying for a title IV-E maintenance subsidy. These exceptions are

1) It would not be in the best interests of the child because of such factors as the existence of significant emotional ties with prospective adoptive parents while in the care of those parents as a child in foster care.

2) Another circumstance is adoption by a relative, in keeping with the statutory emphasis on the placement of children with relatives. Review the adoption subsidy program with the adoptive parent.

F. Determine what type of adoption subsidies are needed, and complete all application procedures at the same time the adoption assessment is being completed for a foster parent, provisional foster parent, or relative adoption and within 60 days of placement for all other adoptions.

G. Review and sign the CFS-425: Application for Adoption Subsidy after the adoptive parent completes it.

H. Request title IV-E verification of eligibility from the DCFS Eligibility Unit.

I. Assist the adoptive parents in completing the CFS-426: Statement of Income and Resources for Adoption Subsidy

J. Attach to the CFS-426 verification of family income when a state funded adoption special subsidy is requested. The CFS-426 is not required for a federal funded adoption maintenance subsidy.

K. Review the adoptive parents' health insurance policy if a special subsidy is requested to determine if it will allow for any medical, dental, or psychological costs and, if so, to what extent. Document on the CFS-426.

L. Be clear in the discussion with the family that they will only be screening for a determination of special needs, subsidy eligibility, and making a recommendation to the Adoption Services Unit. Under no circumstances will the Adoption Specialist give the adoptive family the subsidy determination prior to receipt of approval from the Adoption Services Unit. The Adoption Specialist must also explore other resources and assistance that may be available for the child and adoptive family when screening for a subsidy.

M. Complete the CFS-427: Determination of Eligibility for Adoption Subsidy and attach the following to the CFS-427:

1) Verification of the costs for a private attorney to finalize an adoption whether in-state or out-of-state, if applicable.

2) Verification of court costs to finalize an adoption if applicable.

N. Complete the following:

1) CFS-429: Special Adoption Subsidy Determination to verify the child's medical, dental, psychological, etc. condition by a professional which includes the diagnosis, prognosis, and costs of treatment for one year if a special subsidy is requested.

Children at high risk for the development of a serious physical, mental, developmental, or emotional condition may be considered special needs if documentation of the risk is provided by a medical professional specializing in the area of the condition for which the child is considered at risk, but no subsidy payment will be made without documentation that the child has developed the actual condition. In order to be eligible for special needs subsidy based on developmental delay, documentation must be provided, current within 6 months, attesting to the fact that the child has a delay of 24% or more in two major developmental categories.

2) Statement that lists the child's financial resources source and amount other than foster care board payment, if applicable.

3) Verification from the appropriate agency which explains the child's eligibility for financial benefits (SSI, other types of Social Security benefits, VA, etc.) once the adoption is finalized, if applicable (provide the agency with the amount of the adoptive parent's income in order that a statement can be prepared.). Once a child has been determined eligible for a federal subsidy, the adoptive parents cannot be rejected for adoption assistance or have payments reduced without their agreement because of their income or resources or the child's resources.

4) Verification from Children's Medical Services (CMS) which explains the child's eligibility for services once the adoption is finalized, if applicable (provide CMS with the amount of the adoptive parent's income in order that a statement can be prepared).

For state-funded subsidies, utilize the scale that is established and published annually by the Adoption Services Unit. The scale shall be 300% of the yearly published Federal Poverty Level for the state of Arkansas. The adoptive parent's income is an eligibility criterion for state-funded adoption maintenance subsidy. The adoptive parent's income is not an eligibility criterion for a federally-funded adoption maintenance subsidy (i.e., a child who is title

IV-E or SSI eligible)

Special subsidies are state funded, and the Adoption Subsidy Coordinator, Adoption Services Unit, will consider the child's eligibility on a case-by-case basis. The consideration will be based on the information developed during the Adoption Specialist's determination of the child's special needs in relation to adoption planning. The adoptive parent's gross income will be considered as well as other financial resources and health insurance in determining eligibility for a special subsidy

O. Complete the CFS-426: Statement of Income and Resources for Adoption Subsidy for all special subsidy requests.

P. Utilize the following scale to determine the amount of a full monthly adoption maintenance subsidy payment based upon the standard foster care board payment. These rates are effective for board payments of November 2009 and after. New rates will not be paid until the child reaches the next age range.

AGE of CHILD	Amount of MONTHLY Maintenance
Birth through 5 years	$410.00
6 through 11 years	$440.00
12 through 14 years	$470.00
15 through 17* years	$500.00

*Inform the adoptive parents that subsidy payments may continue until the day the child elects to leave foster care or until the end of the month of the child's 21^stbirthday if he or she meets one of the established criteria listed below:

1)The child has a mental or physical disability which warrants continuation and a federally-funded subsidy or state maintenance is received; or

2)The child was adopted at age 16 or older and

a.Is completing secondary education or a program leading to an equivalent credential; or

b.Is enrolled in an institution which provides post-secondary or vocational education; or

c.Is participating in a program or activity designed to promote, or remove barriers to, employment; or

d.Is employed for at least 80 hours per month; or

e.Is incapable of doing any of the above described activities due to a medical condition.

However, eligibility for this extension must be made within six months of the child's 18^th birthday through a subsidy redetermination request (see Procedure VIII I2: Title IV-E Redetermination). The Division will ensure that the child meets these employment or education requirements. If a child is incapable of meeting the above referenced education or employment requirements due to a medical condition, the reason for which the child is incapable of meeting the education or employment requirements must be documented by a medical professional and updated annually until the child reaches 21 years of age.

A request for a larger monthly adoption maintenance subsidy may be made for a child who has received a higher than standard monthly foster care board payment. A monthly subsidy payment cannot exceed the child's foster care board rate which is in effect at the time a subsidy is approved.

Special Board Rate formulas and procedures will be used strictly as guides in determining an appropriate nonstandard rate to discuss with the family and to use in negotiating a lower rate (when appropriate). No subsidy will exceed $460.00 above the standard board rate for the child's age group. However, if the child is SSI eligible, the rate can go up $460.00 above the SSI rate.

Q. Provide the following documentation with the initial adoption subsidy application packet:

1) Emergency Petition

2) Emergency Order or other initial custody court order

3) Petition and Order for Termination of Parental Rights with Power to Consent to Adoption

4) "EMS 96 or DCO-93 ", or if applicable, award letter for SSI

5) A copy of the approved selection form for an adoption that is NOT a foster parent, provisional foster parent, or relative adoption that documents efforts to place the child without adoption subsidy. (Not required for a foster parent, provisional foster parent, or relative adoption.)

R. Prepare a narrative entitled "Subsidy Family Profile" about the adoptive family to include:

1) Type of adoption (foster parent, provisional foster parent, non-foster parent, relative);

2) Type of subsidy (maintenance, special, non-recurring, non-IV-E Medicaid);

3) Funding source (federal or state);

4) Child to receive subsidy (first name, age, race, developmental information, description of special needs, problems, limitation, reasons for being in out-of-home placement, and brief description of out-of-home placement history);

5) Adoptive father (name, age, education, employment and health);

6) Adoptive mother (name, age, education, employment and health);

7) Other children in family (adopted, birth, custody, out-of-home placement, name, age, education, and health);

8) Others in household (explain if applicable);

9) Marriage (length and comments about the quality of the relationship);

10) Housing (brief description);

11) Income/resources (sources and amounts, health insurance coverage, etc.);

12) Exploration of other resources and assistance that may be available for the child and adoptive family when screening for a subsidy;

13) Family and adoptive child relationship (description to include strengths and challenges);

14) Reason for adoption subsidy (explain reason child needs adoption subsidy and reason for the adoptive parent requesting it);

15) Subsidy request (maintenance costs per month and for not more than a year), special subsidy type of service and costs for not more than a year, legal assistance, if the OCC Attorney is requested to finalize the adoption, court costs, etc., other subsidy requests and costs;

16) Recommendation to approve or deny.

S. Submit the completed packet to the Adoption Field Services Supervisor for review and comment.

Upon completion of supervisory review, the Adoption Field Services Supervisor will send completed forms, narrative, documents, and other attachments to the Adoption Subsidy Coordinator.

The Adoptive Subsidy Coordinator will:

A. Assess all submitted forms and documentation, make a recommendation to approve or deny the adoption subsidy application, and provide written notification to the Adoption Specialist of the recommendation within 15 working days of receiving the initial application packet from the Adoption Specialist. Contact the Adoption Specialist if additional information/forms are needed.

B. Prepare the CFS-428: Adoption Assistance Agreement and route the CFS-428 to the Manager of the Adoption Services Unit for approval, then send the CFS-428 to the DCFS Director or designee for signature.

C. Send signed CFS-428 to the Adoption Specialist with written instructions.

D. Notify the adoptive parent in writing if the application is denied and explain the reason and the internal review procedures and Administrative Fair Hearing procedures.

E. Send a copy of the notification of denial to the Adoption Specialist.

Upon receipt of approval of the adoption subsidy, the Adoption Specialist will

A. Meet with the adoptive parent to explain an approval.

B. Review the CFS-428: Adoption Assistance Agreement.

C. Secure the adoptive parent's signature on the CFS-428 within 10 working days from receipt of the agreement or prior to finalization.

D. Send the Adoption Subsidy Coordinator and adoptive parent a copy of the signed CFS-428 within three working days upon receipt.

E. Contact the Adoption Subsidy Coordinator in writing within three working days from the meeting if the adoptive parent has a disagreement with the contents of the CFS-428.

F. Meet with the adoptive parent to explain a denial, review the decision, and explain internal review procedures within 10 working days from receipt of written notification to deny.

G. Send a copy of the Adoption Petition for and Final Decree of Adoption to the Adoption Subsidy Coordinator within five working days upon receipt.

H. In CHRIS:

1) Open a new adoption case on adoptive family entering the adoptive parents and adoptive child as clients. If child was in the custody of DHS, retrieve the child's eligibility, medical and characteristics screens from the closed child protective service case by entering the child's protective service case and client numbers in the child's General Information screen. If child was not in foster care prior to being adopted, the adoptive child's Characteristic and Medical screens must be completed to identify the special needs.

2) Complete the Adoption screens: General Information screen, Affidavit of Disclosure screen, and Subsidy screen. Request for Approval of subsidy from Adoption Field Services Supervisor after finalization.

PROCEDURE VIII-I2: Title IV-E Redetermination

06/2011

The federal title IV-E adoption assistance program does not require re-determinations of a child's eligibility. Although, the title XIX Medicaid Program and the programs that, in part, may qualify a child initially for adoption assistance, such as AFDC and SSI, require re-determinations, they are unnecessary for the purpose of maintaining a child's eligibility for title IV-E adoption assistance. Once a child has been determined eligible and is receiving title IV-E adoption assistance, the state may terminate the assistance only under the following circumstances:

A.The parents are no longer legally responsible for the support of the child;

B.The child is no longer receiving support from the adoptive parents;

C.The child has attained the age of 18 unless

1)The child's subsidy was extended (per the adoption subsidy agreement) past the age of 18 due to a mental or physical disability which warranted continuation of a federally-funded subsidy or state maintenance to be received, in which case the adoption subsidy would be terminated when the child attains the age of 21; or,

2)The child's subsidy was extended past the age of 18 (per the adoption subsidy agreement) because the child was adopted at age 16 or older, in which case the child's subsidy would be terminated when the child attains the age of 21, provided that the child also met one of the following circumstances from 18 years of age through 21 years of age:

a.The child is completing secondary education or a program leading to an equivalent credential; or

b.The child is enrolled in an institution which provides post-secondary or vocational education; or

c.The child is participating in a program or activity designed to promote, or remove barriers to, employment; or

d.The child is employed for at least 80 hours per month; or

e.The child is incapable of doing any of the above described activities due to a medical condition.

PROCEDURE VIII-I6: Request for Continuation of Federal and State Funded Adoption Maintenance Subsidy after Age 18

06/2011

In some cases a federal adoption maintenance subsidy or state funded maintenance subsidy may be continued for adoptees 18 to 21 years old. Medicaid, however, cannot be extended past age 18 for state funded subsidies. While the foster care Medicaid cannot be extended beyond the month the child turns 18, the family may apply for another type of Medicaid.

If the adoptive parent requests that the adoption subsidy be continued past the child's 18^th birthday, the following criteria must be met:

A. The adoptive parent must be receiving a federal or state-funded adoption maintenance subsidy prior to the child's 18^th birthday.

B. The adoptive parent must provide proof that the child

1)Has a mental or physical disability which warrants continuation; or

2)Was adopted at age 16 or older and

a.Is completing secondary education or a program leading to an equivalent credential; or

b.Is enrolled in an institution which provides post-secondary or vocational education; or

c.Is participating in a program or activity designed to promote, or remove barriers to, employment;

d.Is employed for at least 80 hours per month; or

e.Is incapable of doing any of the above described activities due to a medical condition.

The Adoption Support Specialist will:

A. Include the above documentation and recommend whether the adoption subsidy should be continued past the child's 18^th birthday.

B. Prepare the CFS-428: Adoption Assistance Agreement if it is recommended that the adoption subsidy application be approved, and route the CFS-428 to the Manager of the Adoption Services Unit for approval, then send the CFS-428 to the DCFS Director or designee for signature.

C. Notify the adoptive parent in writing if the request is denied and explain the reason for denial and procedures for the internal review and Administrative Fair Hearing.

D. In CHRIS, if subsidy has been extended, change the Subsidy Ending Date on the Adoption Subsidy screen to continue subsidy past child's 18^th birthday.

PROCEDURE VIII-I8: Termination of Adoption Subsidy

06/2011

Termination of an adoption subsidy will occur:

A. Upon the adoptive parent(s)' request;

B.Upon the child's death;

C.Upon the death of the adoptive parent(s) of the child (one parent if a single parent family and both in a two-parent family);

D.At the cessation of legal responsibility of the adoptive parent(s) for the child;

E.If the Division determines that the child is no longer receiving support from the adoptive parent(s).

F.When the child reaches the age of 18 unless

1)the child's subsidy was extended past the age of 18 due to a mental or physical disability which warranted continuation of a federally-funded subsidy or state maintenance to be received, in which case the adoption subsidy would be terminated when the child attains the age of 21; or,

2)the child's subsidy was extended past the age of 18 (per the adoption subsidy agreement) because the child was adopted at age 16 or older, in which case the child's subsidy would be terminated when the child attains the age of 21, provided that the child also met one of the following circumstances from 18 years of age through 21 years of age:

a.The youth is completing secondary education or a program leading to an equivalent credential; or b. The youth is enrolled in an institution which provides post-secondary or vocational education; or

c.The youth is participating in a program or activity designed to promote, or remove barriers to, employment; or

d.The youth is employed for at least 80 hours per month; or

e.The youth is incapable of doing any of the above described activities due to a medical condition,

The Adoption Specialist will assess any change in the adoptive family's circumstances, which would warrant termination of the adoption subsidy. The Adoption Specialist will:

A. Determine if termination of the adoption subsidy is necessary.

B. Conduct a staffing with the Adoption Manager.

C. Provide written notification to the adoptive parent to explain the reason for the termination of the adoption subsidy and the internal review procedures.

D. In CHRIS:

1) If adoption subsidy is terminated, change the Subsidy Ending Date on the Adoption Subsidy screen to stop the existing adoption subsidy.

2) If there are other adoptive siblings with existing adoption subsidies, end-date the adoptive child's Involvement in Case selecting the appropriate reason on the Child's General Information screen.

3) If there are no other adoptive siblings with existing adoption subsidies, close the adoption case on the Case Summary screen selecting the appropriate reason.

PROCEDURE IX-A3: Appeals and Hearings of True Child Maltreatment Decisions

06/2011

The Appeals and Hearing Section will notify DCFS that an appeal has been filed. The investigator responsible for the case will prepare an Investigative File immediately and make it available to the petitioner, any representative, the OCC Attorney and the Appeals and Hearings Section.

At least 10 days prior to the administrative hearing, the alleged offender and the department will share any information with the other party the party intends to introduce into evident at the hearing that is not contained in the record. Additionally, if any child served with a subpoena to be a witness in an administrative hearing is a party to an open dependency-neglect case, the child's attorney ad litem will be provided a copy of the subpoena.

The Appeals and Hearings section will send a notice of hearing which contains the time, date, and place of the hearing and the name of the hearing officer who will conduct the hearing. The hearing will be held by telephone if neither party requests that the hearing be conducted in person. If the hearing is held in person, the location will be in an office of the department nearest to the petitioner's residence unless the Administrative Law Judge determines that the hearing will be conducted via video teleconference.

Upon receipt of notice that a true child maltreatment determination is the subject of an appeal, the Family Service Worker, County Supervisor, OCC Attorney and the Area Director will consult to review the evidence used to establish the true determination and ascertain the impact of any subsequent events of the case after the determination was made. If the consultation reveals no merit for defending the true finding, the Area Director will complete the CFS-313: Office of Chief Counsel Review of Administrative Hearing Investigative Determination and provide a copy to the County Supervisor, OCC attorney, and Assistant Director of Community Services. The OCC attorney will inform Appeals and Hearing of the decision not to defend. The CFS-313 will be included in the investigative file. If the consultation reveals merit for defending the true finding, the appropriate office/unit must designate a representative who must be familiar with the circumstances leading to the adverse decision and must be able to summarize the pertinent aspects of the situation and present the documentation to support the basis for the findings. The representative will be able to answer questions posed by the petitioner or the hearing officer relative to the issue and should be prepared to cross examine witnesses.

The Department must notify the hearing officer and respondent of the status of any proceeding of the Juvenile Division of the Circuit Court if the child maltreatment at issue in the administrative hearing proceeding is also an issue in the juvenile division of the circuit court proceeding. The notice may include issues such as whether a 72hour hold was exercised on the victim, whether the child was released, or if a petition for emergency custody or dependency-neglect was dismissed.

Office of Chief Counsel will assign an attorney to represent the investigative agency at the hearing only if the petitioner has an attorney. If the petitioner appears at the hearing with an attorney without having first notified the department, the investigator shall ask for a continuance so that an OCC attorney may be appointed.

If the petitioner fails to appear for the hearing and does not contact the Appeals and Hearing Section prior to the date of the hearing, the appeal will be dismissed.

PROCEDURE IX-B7: Multidisciplinary Child Death Review Committee

06/2011

FOR THE SAKE OF BREVITY, SOME NONAFFECTED PROCEDURES HAVE BEEN OMMITTED. COMPOSITION AND DUTIES

The Multidisciplinary Child Death Review Committee will:

A. Consist of persons as specified by the DCFS Director that may include but are not limited to the following persons:

1) DCFS Director

2) DCFS Assistant Director, Community Services

3) DCFS Mental Health Specialist

4) Manager of Child Protective Services (Chairperson)

5) A physician representative from Arkansas Children's Hospital

6) A physician representative from Division of Behavioral Health (as appropriate)

7) A representative from the Crimes Against Children Unit of the Arkansas State Police

8) A representative from the Arkansas Child Abuse Rape and Domestic Violence Commission

9) A County Coroner

10) DCFS Executive Staff

11) A representative from the Administrative Office of the Courts

B. Meet monthly or as needed based on a decision of the Division and Committee.

1) The child-death-briefing packet will be given to each member as the packet becomes available.

2) The committee will be given an agenda prior to the meeting when possible.

C. Hear and consider all relevant material related to cases scheduled for review.

D. Recommend to the Director appropriate actions as deemed necessary and desirable to protect other children in the home or other corrective actions.

E. Utilize their areas of expertise to develop recommendations as to how each provider can improve the services provided to families to ensure that children are safe.

F. Review the following information:

1) Briefing on the family

2) Previous or pending child-maltreatment allegations

3) Previous or current open cases on the child and family

4) Services provided

5) Medical information

6) Mental health information

7) Police reports

8) Coroner's report

9) Toxicology or lab reports

10) Autopsy report

CHILD (FOR TITLE IV-E PURPOSES) -

A. For the purposes of the title IV-E foster care program, an individual:

1) Who is in foster care under the responsibility of DHS; and,

2) Who meets the following age parameters:

a.Has not attained 18 years of age.

b. Has attained 18 years of age but who has not attained 21 years of age and meets any of the following conditions:

i. Is completing secondary education or a program leading to an equivalent credential.

ii. Is enrolled in an institution which provides post-secondary or vocational education.

iii. Is participating in a program or activity designed to promote, or remove barriers to, employment.

iv. Is employed for at least 80 hours per month.

v. Is incapable of doing any of the above described activities due to a medical condition, which incapability is supported by regularly updated information in the case plan

B. For the purposes of the title IV-E adoption or guardianship assistance program, an individual:

1)Who is under the age of 18 and is the subject of an adoption or guardianship assistance agreement entered into prior to the age of 16, or

2)Who is under the age of 21 and is the subject of an adoption of guardianship assistance agreement entered into or after the individual attained the age of 16 and meets any of the following conditions: :

a. Is completing secondary education or a program leading to an equivalent credential.

b. Is enrolled in an institution which provides post-secondary or vocational education.

c. Is participating in a program or activity designed to promote, or remove barriers to, employment.

d. Is employed for at least 80 hours per month.

e. Is incapable of doing any of the above described activities due to a medical condition.

Foster Parent Grievance Procedures

Foster parents have the right to appeal decisions affecting them and the operation of their home. Most problems can be solved at the local level if the foster parents and FSW keep each other informed about matters of interest and importance pertaining to the child. It is most important for foster parents and Family Service Workers to discuss and work out issues and problems as they occur.

All complaints may not be grievable and, while the County Office will make every effort to reconcile every disagreement, some situations may not be reconcilable. Such situations result in decisions being made by the county office based on current policy and procedure, for example closing the foster home due to the advancing age of the foster parents.

Examples of issues that to take through the Grievance Procedure are:

* Removal of a child from the foster home without appropriate cause and/or without appropriate notice;

* Visits without preparation and/or notice; \

* Failure by DCFS to share appropriate information;

* Failure by DCFS to provide necessary support (failure to return phone calls or habitually being unavailable when needed, failure to help with initial clothing or problems with the child, medical/Medicaid coverage and/or providers); or

* Failure by DCFS to keep the terms of the initial written agreement with the foster home (CFS-462: Initial Foster Home Agreement and CFS-462A: Foster Home Agreement Addendum).

Prior to filing a grievance, foster parents should request an informal discussion of the problem with the FSW and the immediate supervisor. If the problem is not resolved at this point and the issue is grievable, then the foster parents may file a grievance according to the procedures listed below. Any time frame specified within the grievance procedures may be modified by mutual consent and notification to all involved parties.

If, after the foster parents have discussed the grievance with the FSW and supervisor, and if the foster parents believe that DCFS failed to uphold its policies and philosophies, then, the foster parents must state the grievance in writing and submit it to the Area Director of the county where the foster parents live 30 days from the date the grievable action occurred. The Area Director will schedule a meeting with the foster parents within 10 working days of the receipt of the written grievance and attempt to resolve the problem.

If the foster parents are not satisfied with the results of this meeting and if the foster parents have additional information that pertains to their case that was not previously presented to the FSW, supervisor and Area Director, the foster parents may appeal to the Foster Care Unit in Central Office to present their case supported by said new information. A copy of the grievance and written reports of the previous two meetings will be forwarded to the Foster Care Unit. A Grievance Committee hearing will be scheduled within 10 working days. The hearing will be held in the county where the foster parents live.

The Grievance Committee will be composed of three persons: a representative selected by the county office, a representative selected by the foster parent, and a representative selected by Central Office. The foster parents may also select an individual (such as an attorney, friend, or relative) to present the case. The Grievance Committee member selected by the county office will not be from the county where the foster parents live or any individual who is within the direct chain of authority for the resident county. During the hearing, all parties will be given an opportunity to present their case.

The Grievance Committee will submit their findings and recommendations within 20 working days from the date of the Grievance Hearing to the Assistant Director of Community Services.

The foster parents and the county office will be notified, in writing, by the appropriate decision-making personnel of the decision within 10 working days from the date the Grievance Committee's findings and recommendations are submitted.

If corrective action is required by the county office, the corrective action will begin no later than 10 working days after the county office and foster parents are notified of the decision. A written report of completed action will be submitted to Central Office no later than 30 days after corrective action has commenced. If corrective action has not been finalized within the 30 day time frame, an interim report will be submitted by the DCFS county office every 30 days until completed.

If corrective action is required by the foster parents, they must indicate the steps necessary to correct the deficiency within 10 days after notification from the appropriate decision-making personnel. This corrective action plan must receive the approval of the county office supervisor. The foster parents will notify their local county office and Central Office within 60 days of the original findings being received, that all corrective steps have been completed. In the absence of said notification from the foster parents, it will be presumed that the foster parents have elected not to comply with the findings of the appropriate decision-making personnel.

The decision of the appropriate decision-making personnel will be considered final, and no other appeal procedure within DHS is appropriate.

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POLICY VI-O: THERAPEUTIC FOSTER CARE

06/2011

Therapeutic foster care (TFC) is a specialized form of foster care that provides a wraparound plan for children who need more intensive case management to meet their individual needs. TFC is a family-based service delivery approach supported by licensed mental health professionals (as recognized by Arkansas Medicaid) that provides individual treatment for children, youth, and their families. Therapeutic foster parents are specially trained and more intensively supervised and supported to help them care for children with more complex needs. Children may need TFC as a result of disruptive behaviors, mental health issues, true findings of sexual abuse, or numerous unsuccessful placements. In addition to a DCFS Family Service Worker, each child in a therapeutic foster home is assigned a case manager who is active in the child's daily life through more frequent visits, medication management, therapy, etc. The goal of therapeutic foster care is to stabilize children in their communities so they can achieve permanency through reunification with parents or relatives or through adoption.

DCFS contracts for therapeutic foster care with licensed providers across the state. All referrals for TFC will go through the Specialized Placement Unit (SPU) to ensure that placement is in a child's best interest and, if possible, that a child remains close to his or her home county. A referral does not guarantee placement as TFC may not be appropriate for every child. Additionally, a child may be placed on a waiting list until the provider can secure an appropriate placement.

A foster home may not be both a TFC foster home and a DCFS foster home. However, eeele foster child not requiring TFC may be placed into a eeeTFC foster homes only in the following circumstances:ife

* He or she e eeel is a sibling of e eeel child in the TFC foster home; OR

* He or she e eeel is the-a_child of e eeel youth in the TFC foster home; OR

* He or she e eeeleleeellee ehomehad previously been receiving TFC services in that TFC home.

Before placing a eeelfoster child not requiring TFC services into a eee TFC home with a eeel child receiving TFC services, the potential risk to all children shall be considered. Justification of the appropriateness of leele eeeethe placement l shall be documented.

If a TFC foster home wishes to become a DCFS foster home, all applicable Minimum Licensing Standards and DCFS Policy requirements must be met by the foster home.

PROCEDURE VI-O1: Referrals for Therapeutic Foster Care

If the Family Service Worker believes TFC to be the most appropriate placement for a child, he or she will:

A. Complete CFS-367: Specialized Placement Referral Form.

B. Email the completed CFS-367 to TFCReferral@arkansas.gov.

C. Retain a paper copy of the CFS-367 in the child's case file.

If the child is accepted into a TFC placement, the Family Service Worker will:

A. Forward additional required documents to the provider, as requested.

B. Continue to maintain the child's case file while he or she is in TFC.

BrC. Coordinate a monthly visit with the TFC case manager to assess the health and safety of the child placed in the TFC home.

The SPU Manager will:

A. Review the completed CFS-367 for appropriateness.

B. Forward appropriate referrals to the TFC providers.

C. Notify the FSW if the child is accepted into the TFC program.

PROCEDURE VI-O2: Therapeutic Foster Home Transitioning to DCFS Foster Home

In the event that a current TFC foster home wishes to become a DCFS foster home, the Resource Worker will:

A. Request a referral on the family from the TFC provider.

B. If the referral is positive, ensure that all required DCFS background checks (i.e., Child Maltreatment Central Registry Check, Adult Maltreatment Central Registry Check, State Police Criminal Record Check, FBI Criminal Background Check, and Vehicle Safety Check) are in place and current. Complete appropriate CHRIS screens (see Procedure VII-C1).

C. Once background checks have been verified, conduct ain In-Home Consultation Visit (see Procedure VII-C2) with the family.

D. Verify that the family has completed:

1) PRIDE training with the TFC provider.

a. If the family did not complete PRIDE training with the TFC provider, refer the family to MidSOUTH for PRIDE training upon successful completion of all background checks and the In-Home Consultation Visit (see Procedures VII-C3: Initiation of Pre-Service Training and VII-C4: Pre-Service Training).

2) CPR and Standard First Aid Certification. First Aid and CPR training and certification will only be accepted from a certified trainer associated with the American Heart Association, the National Safety Council, or the American Red Cross. First Aid training provided through the National Safety Council must be the Standard First Aid, not Basic First Aid.

a. If the family does not have current CPR and Standard First Aid Certification, assist the family in accessing appropriate training.

3) Fifteen hours of continuing education related to fostering within the past calendar year.

a. If the family has not earned 15 hours of continuing education within the past calendar year, they are responsible for obtaining the remaining hours. However, the time spent during the In-- Home Consultation Visit and Orientation may count toward the 15 hour continuing education requirement.

E. If the family will not be attending PRIDE training, ensure that the individual conducting the home study receives the completed SAFE Questionnaire I.

F. Arrange for a SAFE Home Study to be completed on the family (see Procedure VII C-5: Home Study).

G. If the family's SAFE Home Study is approved, ensure the CFS-475 is completed, that any safeguard measures deemed necessary have been implemented, and that any requested alternative compliances or policy waivers have been approved.

H. Invite the County Supervisor to accompany them on the final face-to-face visit and final visual inspection of the home.

I. Conduct a final face-to-face visit with the prospective foster parents and a final visual inspection of the home (preferably with the County Supervisor).

J. Provide the family with an Approval Packet.

K. Review the DCFS Approval Packet which includes:

1) Stamped envelopes addressed to the appropriate county office

2) Examples of the completion of travel documentation that must be submitted monthly

3) Copy of the Code of Ethics

4) Copy of the Arkansas Practice Model

5) CFS-381: Training Record Log

6) Medication Log

7) Child Inventory Log

8) Fire Drill Log

9) CFS-352: Medical, Dental, Vision, Hearing and Psychological Episodic Visits

10) After hours contact sheet

11) Foster Care Board Sheet

12) Appropriate Foster Parent Association contact information

L. Complete the CFS-462: Initial Foster Family Agreement with the family.

M. File the CFS-462: Initial Foster Family Agreement in the foster home record.

N. Enter a disposition as to the approval/denial of the foster home within three working days of receipt of the Area Director's approval or denial.

1) If the recommendation is approval, then:

a. If the orientation has not already taken place, schedule a date for a County or Area Orientation Session for newly approved foster parents.

b. Complete Provider Alternate Care Screen in CHRIS if family has determined they are willing to serve as an Informal Respite Home and, using CFS-419, enter all appropriate identified Foster Family Support System Individual Members including information on their cleared background checks (see POLICY VII-G: Alternate Care).

c. Enter Begin Date on Availability Status on Provider Service Status Screen and Request Approval on Provider Service Detail Screen in CHRIS.

d. If the family has indicated interest and been approved to foster children/youth with specific characteristics, identify the appropriate Disability Willing to Accept selection under the Preferences Tab in the Provider Services/Admission Criteria Button.

e. File the approval letter in the foster home record.

2) If the recommendation is denial, then:

a. Send a "Letter of Denial" to the applicants who were not approved. See POLICY VII-D: Denial of a Foster Home and document in Provider Contact Information Screen in CHRIS.

b. End Date the Foster Family Service on the Provider Services Tab selecting the appropriate Reason for End Date.

c. Specify why the home was denied in the comment box on the Provider Services Tab.

The County Supervisor or designee is encouraged to:

A. Participate in the final face-to-face visit and final visual inspection of the home with the Resource Workerr.

The Area Director or designee will:

A. If appropriate, approve the Resource Worker's Request for Approval in Provider Service Detail Screen in CHRIS to finalize the approval of the Foster Family. Upon approval, CHRIS automatically provides the Foster Family Approval Letter to be printed, mailed, and filed in the foster home record.

PROCEDURE VI-O3: Former Therapeutic Foster Home Reopening as DCFS Foster Home

For former TFC foster homes that express interest in opening as a DCFS foster home, the Resource Worker shall:

A. Request a referral on the family from their former TFC provider.

B.If the referral is positive, complete new background checks on all appropriate members of the household regardless of whether previous background checks are still current.

C.Once background checks have been verified, conduct an In-Home Consultation Visit (see Procedure VII-C2) with the family.

D.Verify that the foster parent applicants have completed PRIDE training within the past two years.

1) If the applicants have not completed PRIDE training within the past two years, refer the family to MidSOUTH for PRIDE training upon successful completion of all background checks and the In-Home Consultation Visit (see Procedures VII-C3: Initiation of Pre-Service Training and VII-C4: Pre-Service Training).

E.Verify that the foster parent applicants have current CPR and Standard First Aid certification.

1)CPR and First Aid training and certification will only be accepted from a certified trainer associated with the American Heart Association, the National Safety Council, or the American Red Cross. First Aid training provided through the National Safety Council must be the Standard First Aid, not Basic First Aid.

2)If the family does not have current CPR and Standard First Aid Certification, assist the family in accessing appropriate training.

F.If the foster home has been closed less than one year, verify that the foster parent applicants have completed 15 hours of continuing education related to fostering within the past calendar year.

1) If the family has not earned 15 hours of continuing education within the past calendar year, they are responsible for obtaining the remaining hours. However, the time spent during the In-Home Consultation Visit and Orientation may count toward the 15 hour continuing education requirement.

G.If the family will not be attending PRIDE training, ensure that the individual conducting the home study receives the completed SAFE Questionnaire I.

H.Arrange for a SAFE Home Study to be completed on the family (see Procedure VII C-5: Home Study).

I.If the family's SAFE Home Study is approved, ensure the CFS-475 is completed, that any safeguard measures deemed necessary have been implemented, and that any requested alternative compliances or policy waivers have been approved.

J. Invite the County Supervisor to accompany them on the final face-to-face visit and final visual inspection of the home.

K. Conduct a final face-to-face visit with the prospective foster parents and a final visual inspection of the

home (preferably with the County Supervisor). L. Review the Approval Packet with the family.

M. Complete the CFS-462 with the family and file it in the foster home record.

N. Enter a disposition as to the approval/denial of the foster home within three working days of receipt of the Area Director's approval or denial.

1)If the recommendation is approval, then:

a.If the orientation has not already taken place, schedule a date for a County or Area Orientation Session for newly approved foster parents.

b.Complete Provider Alternate Care Screen in CHRIS if family has determined they are willing to serve as an Informal Respite Home and, using CFS-419, enter all appropriate identified Foster Family Support System Individual Members including information on their cleared background checks (see POLICY VII-G: Alternate Care).

c.Enter Begin Date on Availability Status on Provider Service Status Screen and Request Approval on Provider Service Detail Screen in CHRIS.

d.If the family has indicated interest and been approved to foster children/youth with specific characteristics, identify the appropriate Disability Willing to Accept selection under the Preferences Tab in the Provider Services/Admission Criteria Button.

e.File the approval letter in the foster home record.

2)If the recommendation is denial, then:

a. Send a "Letter of Denial" to the applicants who were not approved. See POLICY VII-D: Denial of a Foster Home and document in Provider Contact Information Screen in CHRIS.

b.End Date the Foster Family Service on the Provider Services Tab selecting the appropriate Reason for End Date.

c.Specify why the home was denied in the comment box on the Provider Services Tab.

The County Supervisor or designee is encouraged to:

B. Participate in the final face-to-face visit and final visual inspection of the home with the Resource Worker.

The Area Director or designee will:

B. If appropriate, approve the Resource Worker's Request for Approval in Provider Service Detail Screen in CHRIS to finalize the approval of the Foster Family. Upon approval, CHRIS automatically provides the Foster Family Approval Letter to be printed, mailed, and filed in the foster home record.

POLICY VII-M: CHILDCARE FOR CHILDREN IN OUT-OF- HOME PLACEMENT

Child Care for children may be provided as a part of an out-of-home placement case to provide assistance to foster parents when circumstances exist for child care, e.g., training, transporting a child in foster care for medical purposes, etc., or if both foster parents work.

PROCEDURE VII-MI: Child Care for Children in Out-of-Home Placement

The Family Service Worker will:

A. Assist foster parents to obtain child care when such help is needed, for instance, when the foster parents are required to obtain training, or for the foster parents' children when transporting the child in out-of-home placement to services is reimbursable. This transportation is payable via DHS-1914. All other requests must receive prior approval from the Area Director.

B. See Procedure V-D1: Child Care for Children. Notify the Division of Child Care and Early Childhood Education (DCCECE) and the child care facility of changes in child care, when payment is through

DCCECE.

016.15.11 Ark. Code R. § 001

4/13/2011