016-15-12 Ark. Code R. § 8

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

Rule 016.15.12-008 - W-9 Requirements Removal; Subsidized Guardianship; Revisions to Section I; Internal Review and Appeals; Assement of Child Maltreatment Reports; Early Intervention and FASD

PROCEDURE VIII-18: Payment for Non-recurring Adoption Expenses and Special Subsidy

The Adoption Specialist will:

A. Submit a billing packet to the Adoption Subsidy Coordinator for non-recurring adoption *- -expenses (non-recurringadoption expenses shall not exceed a total of $1,500.00) within 60 days after the finalization of the adoption.

B. For non-travel related expenses, the packet will include the DHS»-1914, W-9roriginal invoice, a copy of the CFS-428 and final adoption decree.

C. For travel related expenses the packet will include the DHS-75, TR-1, receipts, a copy of the CFS-428 and the final adoption decree.

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D. For payment of a special subsidy, the packafcwill include: PHS-1914, originaI invoice, copy of the CFS-428 and the final adoptibh decree.

The Adoption Subsidy Coordinator will;

A. Review, code, and forward each completed billingpacket within 10 working days and forward*- -to the manager of the Adoption Services Unit for approval.

The Manager of the Adoption Services Unit will:

A. Forward the approved packet to the office of finance for payment within 10 working days of '" -receipt from the subsidy coordinator.

PROCEDURE VIII-18: Payment for Non-recurring Adoption Expenses and Special Subsidy

01/2013

The Adoption Specialist will:

A. Submit a billing packet to the Adoption Subsidy Coordinator for non-recurring adoption expenses (non-recurring adoption expenses shall not exceed a total of $1,500.00) within 60 days after the finalization of the adoption.

B. For non-travel related expenses, the packet will Include the DHS-1914, original invoice, a copy of the CFS-428 and final adoption decree.

C. For travel related expenses the packet will include the DHS-75, TR-1, receipts, a copy of the CFS-428 and the final adoption decree.

D. For payment of a special subsidy, the packet will include: DHS-1914, original invoice, copy of the CFS-428 and the final adoption decree.

The Adoption Subsidy Coordinator will:

A. Review, code, and forward each completed billing packet within 10 working days and forward to the manager of the Adoption Services Unit for approval.

The Managerof the Adoption Services Unit will;

A. Forward the approved packet to the office of finance for payment within 10 working days of receipt from the subsidy coordinator.

APPEMPIX 4: FOSTER HOME RECORDS

01/2013

Special divided folders will be used for the case records of foster homes. When a foster home is approved, the foster home record should include the Items listed below. All documents should be filed in chronological order with the most current on top.

Front left:

* Approval or Denial Letter

* CFS-475-A: Initial Approval Checklist for Foster Home Record

* Verification of marriage and/or divorce, if applicable

* All Records Checks;

o Results of the CFS-316: Child Maltrieatment Central Registry Check fofeach applicable household member, all information received and, in case of a;repprt of violations, a summary of the fece-to-face discussion, determtnatibn[GREATER THAN]and;reasons for the determinations o Results of the APS-OOOIf Authorization for Adult Maltreatment Central Registry check for each applicable household member, all information received and, in case of a report of violations, a summary of the face-to-face discussion, deterniinatlon, and reasons for the determinations o CFS-341: Certification of Absence of Griminal Record, if children age of 10 thru 17 reside in the household o Results of the CFS-342i St&te Police Criminal Record Check for each applicable household member»allinfbrmatioriTeceivedand, incase of a report of violations, asummary of the face-to-face discussion/determination, and reasons for the determination a Resultftof the FBI Crimilial Background Check for each applicable household member, all informatiort received and, in case of a report of violations, a summary of the face-to-face discussion, determination, and reasons for the determinations o Results of ihe ASVSP check for each foster parent and applicable teenage driver

Copy of driver's license for each applicable driver

Documentation of current auto insurance * CFS-446: In-Home Consultation Visit Report

* CFS-363: Foster/Adoptive Applicant Smoking Certification

* CFS-404: General Medical Report

* Current immunization records for all children in the home

* Documentation of current rabies vaccinations for all household pets

* CFS-409: Foster/Adoptive Family Preference Checklist

* CFS-455: Request/Consent for Health Department Services, when appropriate

* CFS-480: Alternate Compliance of Water Supply Agreement, when appropriate

* CFS-484: Landlord Notification of Potential Tenant Foster Care Services, when appropriate

* Written approval from Fire Department forapproved alternate escape route, when appropriate

* Current floor plan

* Documentation of homeowner's or renter's insurance and general liability insurance '

* Written approval from the owner of the home that the applicantsmay care for children in foster care, when appropriate

* Three completed, positive SAFE/eference letters

* SAFE Home Study Final Report and supporttngdocuments (e.g. SAFE Questionnaires I & II, Psychosocial Inventory), ,,

* Alternative compliance and/dr policy waiver approval, if applicable

* Current certifiiiation in CPR and Standard First Aid

* Summary with Recommendations

* CFS-462: initial Foster Home Agreement

* CFS-462-A; Foster Home Agreement Addendum on each child currently placed in the home

* CF5-474: Provisional Foster Home Orientation Checklist (for provisionals only)

* CFS-452: Provisional Foster Home Verification (for provisionals only) Front Right:

* Placement history *--W-9

Center Left:

* CFS-475-B: Quarterly Monitoring Checklist for Foster Home

* Any documentation gathered during the quarterly visit Center Right:

* Letter of Notification of Disposition of Reevaluation or of Closure

* CFS-475-C: Reevaluation Checklist for Foster/Pre-Adoptive Home

* Any documentation gathered during the reevaluation visit (e.g. updated auto insurance, updated CPR

certificate, etc.)

* CFS-451: Foster Parent Reevaluation

* SAFE Update Report

* Documentation of 15 hours of continuing education

» Documentation of quarterly emergency evacuation drills

* CFS-475-G: Checklist for Foster Home Closure, when appropriate

* Reevaluation Summary or Closure Summary Back Left:

* CFS-475-D: Transfer of a Foster Home to Another County, when appropriate

* CFS-475-E: Complaint Against Foster Family Other Than Maltreatment, when appropriate

* CFS-475-F:True Reports of Child Maltreatment Against Foster Family Members, when appropriate Back Right:

* CF5-419: Foster Family Support System Information

Current results of all applicable background checks for FFSS members

I APPENDIX 4: FOSTER HOME RECORDS

01/2013

Special divided folders will be used for the case records of foster homes. When a foster home is approved, the foster home record should include the items listed be\ow. All documents should be filed in chronological order with the most current on top.

Front left;

* Approval or Denial Letter

* CFS-47S-A: Initial Approval Checklist for Foster Home Record

* Verification of marriage and/or divorce, if applicable

* All Records Checks:

o Results of the CFS-316: Child Maltreatment Central Registry Check for each applicable household member, all Information received and; inxase of a report of violations, a summary of the fece-to-face discussion, determination, and reasons forthe determinations o Results of the APS-0l)01: Authorization for Adult Maltreatment Central Registry check for each applicable household hiember, all Information received and, in case of a report of violations, a summary of the face-to-ftce discussion, determination, and reasons for the determinations o CFS-341: Certification of Absence of Criminal Record* if children age of 10 thru 17 reside in the household ;

O; Results of the CFS-342: State Police Criminal Record Check for each applicable household member, all information received and, in case of a report of violations, a summary of the face-to-face discussion, determfnatiani;and reasons for the determination o Results of the FBI Criminal Background Check for each applicable household member, all informatipn received and, in case of a reportofviolatrons, a summary of the face-to-face discussion; determination, and reasons forthe determinations o Results of the ASVSP check for each foster parent and applicable teenage driver

Copy of driver's license for each applicable driver

Documentation of current auto insurance * CFS-446: In-Home Consultation Visit Report

* CFS-363: Foster/Adoptive Applicant Smoking Certification

* CFS-404: General Medical Report

* Current immunization records for all children in tlie home

* Documentation of current rabies vaccinations for all household pets

* CFS-409: Foster/Adoptive Family Preference Checklist

* CFS-4S5: Request/Consent for Health Department Services, when appropriate

* CFS-480; Alternate Compliance of Water Supply Agreement, when appropriate

* CFS-464: Landlord Notification of Potential Tenant Foster Care Services, when appropriate

* Written approval from Fire Department forapproved alternate escape route, when appropriate

* Current floor plan

* Documentation of homeowner's or renter's insurance and general liability insurance

* Written approval from the owner of the home that the applicants may care for children in foster care, when appropriate

* Three completed, positive SAFE reference letters

* SAFE Home Study Final Report and supporting documents (e.g. SAFE Questionnaires I fill, Psychosocial Inventory)

* Alternative compliance and/or policy waiver approval, if applicable

* Current certification in CPR and Standard First Aid

* Summary with Recommendations

* CFS-462; Initial Foster Home Agreement

* CFS-462-A: Foster Home Agreement Addendum on each child currently placed in the home

* CFS-474: Provisional Foster Home Orientation Checklist (for provisionals only)

* CFS-452: Provisional Foster Home Verification (for provisionals only) Front Right;

* Placement history Center Left:

* CFS-475-B: Quarterly Monitoring Checklist for Foster Home

* Any documentation gathered during the quarterly visit

Center Right:

* Letter of Notification of Disposition of Reevaluation or of Closure

* CFS-475-C; Reevaluation Checklist for Foster/Pre-Adoptive Home

* Any documentation gathered during tiie reevaluation visit (e.g. updated auto insurance, updated CPR certificate, etc.)

* CFS-451: Foster Parent Reevaluation

* SAFE Update Report

* Documentation of 15 hours of continuing education

* Documentation of quarterly emergency evacuation drills

* CFS-475-G: Checiclist for Foster Home Closure, when appropriate

* Reevaluation Summary or Closure Summary Back Left:

* CFS-475-D; Transfer of a Foster Home to Another County, when appropriate

* CFS-475-E:ComplaintAgainstFoster Family Other Than Maltreatment, when appropriate

* CFS-475-F;True Reports of Child Maltreatment Against Foster Family Members, when appropriate Back Right:

* CFS-419: Foster Family Support System Information

* Current results of all applicable background checks for FFSS members

DCFS SUMMARY OF CHANGES FOR JULY 2012 PROMULGATION

SUMMARY OF DCFS REGUUR PROMULGATION

The purpose of this regular promulgation is to:

* Add a list of all components expected in the Subsidized Guardianship Referral Packet.

* Include process for completion of form CFS-435-D: Recommendation for FInalization of Guardianship.

* Clarify that annual subsidized guardianship review includes court-required annual progress report that is filed with the court by Office of Chief Counsel and outline role of DCFS and Office of Chief Counsel in filing court-required annual progress report as well as timeframes regarding annual report and review.

* Update for general formatting and organizational purposes.

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POLICY Vlll-L: SUBSIDIZED GUARDIANSHIP

01/2013

ANNUAL PROGRESS REPORT and REVIEW of SUBSIDIZED GUARDIANSHIP AGREEMENT

An annual progress report and review of the subsidized guardianship agreement are required annually in order for the subsidized guardianship and subsidized guardianship payments of any amount or payment rate to continue. The proRress report and review shall be conducted by the Division of Family Services (DCFS) Permanency Specialist or designee while the Office of Chief Counsel shall file the annual progress report with the court. An accounting of the guardianship subsidy is not required. Documentation of continued eligibility is required for the review. The subsidized guardianship payments granted at the time of review will reflect the child's current, documented level of need.

PROCEDURE Vlll-Ll: Initial Subsidized Guardianship Program Determination

01/2013

If a goal of guardianship with a relative has been determined to be in the child's best Interest, the FSW will:

A. Gather and review all relevant documentation to determine the child's eligibility for the Subsidized Guardianship Program.

B. Complete CFS-435-A: Subsidized Guardianship Program Application and Checklist with the child {If age appropriate), prospective relative guardians, and child's biological parents (If appropriate) to make the initial determination that the child and prospective relative guardians meet all subsidized guardianship eligibility requirements.

C. Submit the completed CFS-435-A to the FSW Supervisor for review and approval and attach the following to complete the referral packet:

1)Case history memorandum

2)CFS-404: Medical Report

3)CFS-446: In Home Consultation Visit Report

4)CFS-475-A: Initial Checklist for Foster/Adoptive Home Assessment

5)Final SAFE Home Study Report or Update, as applicable

6)Case Plan (updated to reflect guardianship goal and other required program information; see Case Plan Requirements for Subsidized Guardianship in policy section above)

7)Court Orders (documenting reasonable efforts ruling out reunification and adoption)

8)Court Reports (file marked)

9)CHRIS Notes relevant to the subsidized guardianship referral (e.g., visitations, staffing, home visits; adoption specialist involvement and/or services)

10)Notarized statement from relative verifying discussion of all permanency options available and understanding of those options as well as decision to elect guardianship and apply for a subsidy

11)Any other documentation that would be important to the child's case (education records. DPS. SSI,S SA, medical passport, child consent form, therapist or counseling reports)

D. If the FSW Supervisor

1) Denies moving forward with the subsidized guardianship arrangement, proceed to Procedure VIII-L2: Denial of Subsidized Guardianship Arrangement.

2) Approves moving forward with the subsidized guardianship arrangement:

a) Update the child's case plan in CHRIS to describe the ways in which the child meets the eligibility requirements for a subsidized guardianship arrangement to include:

i. steps the agency has taken to determine that it is not appropriate for the child to be returned home or adopted;

ii. reasons for any separation of siblings during placement; the efforts made to place currently separated siblings together, the efforts made to provide frequent visitation or other ongoing interaction between siblings not placed together; and efforts to reunify separated siblings in the same home;

iii. reasons why a permanent placement with an appropriate and willing relative through a Subsidized Guardianship arrangement is in the child's best interest;

iv. efforts that the Division has made to discuss adoption by the child's relative foster parent as a more permanent alternative to legal guardianship and, in the case of a relative foster parent who has chosen not to pursue adoption, documentation of those reasons;

V. efforts made by the Division to discuss with the child's parent(s) subsidized guardianship arrangement, or the reasons why the efforts were not made;

vi. process in place to allow for a successor guardian in the event that the relative guardian of the child dies or is no longer able to care for the child;

vii. any appropriate transitional youth services for those youth who exit foster care at or after the age of 16; and,

b) Notify the child's biological parents (if appropriate), attorney ad litem, OCC representative, parent counsel (if applicable), and DCFS Permanency Specialist or designee that the child and prospective relative guardians would like to proceed with the subsidized guardianship arrangement.

c) Provide the DCFS Permanency Specialist or; designee with all pertinent documentation including:

i. Copy of CFS-435-A: Subsidized Guardianship Program Application and Checklist

ii. Copy of CFS-404: General Medical Report for each relative guardian and all appropriate household members

iii. Copy of prospective relative guardian's CFS-446; In Home Consultation Visit Report

iv. Copy of prospective relative guardian's SAFE Home Study

d) If the DCFS Permanency Specialist or designee determines that:

i. All initial eligibility and case plan criteria have been met, notify the FSW to proceed with subsidized guardianship determination meeting arrangements to discuss the Subsidized Guardianship Program (per Procedure VIII-L3: Subsidized Guardianship Determination Meeting); or,

ii. All eligibility and case plan criteria have not been met, then discuss with the DCFS Permanency Specialist or designee how to meet said criteria and/or other possible permanency options or proceed to Procedure VIII-L2; Denial of Subsidized Guardianship arrangement, as applicable. The FSW Supervisor will:

A. Conference with the FSW as to the appropriateness of a guardianship arrangement supported by a subsidy for the child with the prospective relative guardians.

B. Review the completed CFS-435-A: Subsidized Guardianship Application and Checklist and other required referral packet documentation.

C. Notify FSW of approval or denial to move forward with the subsidized guardianship arrangement.

D. Notify the Area Director of any approval or denial to move forward with a subsidized guardianship arrangement.

The DCFS Permanency Specialist or designee will:

A. Review each submitted CFS-435-A: Subsidized Guardianship Program Application and Checklist and other supporting documentation to determine if the family meets the initial eligibility and case plan criteria to further pursue a subsidized guardianship arrangement.

B. Make the determination as to whether it is appropriate to continue pursuing the subsidized guardianship arrangement and either:

1) Notify the FSW, FSW Supervisor, and Area Director to proceed to Procedure VIII-L3, if the subsidized guardianship arrangement is appropriate; or,

2) Notify the FSW, FSW Supervisor, and Area Director that a subsidized guardianship arrangement is not currently appropriate and

a) Discuss how to meet needed criteria;

b) Discuss other possible permanency options; or

c) Instruct FSW to proceed to Procedure VIII-L2: Denial of Subsidized Guardianship Arrangement.

PROCEDURE VIH-L5: Subsidized Guardianship Agreement Finalization

01/2013

The DCFS Permanency Specialist or designee will:

A.Complete the CFS--435-D: Recommendation for Finalization of Guardianship and submit to the appropriate OCC attorney who will use the information on the form to prepare the guardianship petition.

B. Draft and complete the CFS-435-F: Subsidized Guardianship Agreement with the prospective guardians and FSW prior to the guardianship hearing.

C. Submit the CFS-435-F to the Foster Care Manager or designee for review and approval.

D. Sign the CFS-435-F.

The Foster Care Manager or designee will:

A. Review the CFS-435-F: Subsidized Guardianship Agreement and approve or deny as appropriate.

B. Inform the DCFS Permanency Specialist or designee of approval or denial.

The FSW will:

A. Assist the DCFS Permanency Specialist or designee in completing the CFS-435-F: Subsidized Guardianship Agreement with the prospective guardian(s) prior to the guardianship hearing.

B. Ensure all signatures required on the CFS-435-F are obtained.

The FSW Supervisor will;

A. Conference with the FSW regarding decisions related to and preparation for the finalization of the subsidized guardianship agreement.

B. Inform the Area Director of issues related to pursuing the subsidized guardianship arrangement for the child.

PROCEDURE VIII-L7: Annual Subsidized Guardianship Review

01/2013

The DCFS Permanency Specialist or designee will:

A. Mail the relative guardians the CFS-435-G: Annual Progress Report and Subsidized Guardianship

Agreement Review at least 60 calendar days before the anniversary date of the finalization of the family's Subsidized Guardianship Agreement with instructions to return in the provided SASE:

1) The completed CFS-435-G; and,

2) Required documentation:

a) For non-school-age children, documentation must include:

i. Up-to-date immunization records; and,

ii. A typed statement on letterhead from the child's Early Intervention Services provider indicating the child's participation and progress, if applicable; and,

iii. A typed statement on letterhead from the child's daycare provider confirming enrollment, if applicable.

b) For school-age children, documentation must include:

i. Up-to-date immunization records; and,

ii. A written confirmation on letterhead from the child's Arkansas Department of

Education accredited school or home school program verifying enrollment and regular attendance; and,

iii. A copy of the child's up-to-date Individualized Education Plan (lEP), if applicable.

c) For children ages 18 up to the age of 21, documentation must include:

i. A current transcript from the child's secondary education, post-secondary, or vocational education program, as applicable; or,

ii. A typed statement on letterhead from the person responsible for managing the child's program or activity designed to promote, or remove barriers to, employment confirming the child's enrollment and participation; or,

iii. The most recent pay stubs from the child's employer indicating that the child is working at least 80 hours per month for that particular employer; or,

iv. A typed statement on letterhead from the child's medical professional stating the reason for which the child is incapable of meeting the education or employment requirements listed above.

B. For all children who are approved for a special guardianship subsidy, also request that the relative guardians attach current documentation received from the service provider outlining:

1) Current diagnosis, prognosis, and summary of treatment services for the previous year.

2) An estimated expense summary of services which will be necessary to meet the special needs of the child and/or a description of any high-level care routine provided by the relative(s) to meet the child's special needs.

C.Document in CHRIS date the CFS-43S-G is mailed to the relative guardians.

D.If the family has not returned the completed CFS-435-G and required documentation within 30 calendar days from the date the form was mailed, contact the family by phone to ensure that said documents will be delivered to the DCFS Permanency Specialist within two weeks.

E. Review the completed CFS-435-G: Annual Progress Report and Subsidized Guardianship Agreement Review and related supporting documentation prior to the anniversary date of finalization of the family's subsidized guardianship agreement:

1) If the supporting documentation shows that the child's condition has not changed:

a) Send completed copy of CFS-435-6 with DCFS Permanency Specialist signature to the family noting that the subsidized guardianship agreement will continue unchanged for the forthcoming year.

b)Send the original CFS-435-G with signatures to OCC designee to file with the circuit court.

c)Maintain a copy of the completed CFS-435-G with signatures in guardian record.

d)Enter appropriate CHRIS updates.

2) If the supporting documentation shows that the child's condition or status within the home has changed and the change(s} warrant a revision of the subsidized guardianship agreement or termination of the agreement:

a) Schedule a meeting with the relative guardians and Foster Care Manage or designee to discuss needed revisions or termination including any requests for special subsidy rates.

i. If a request for a special subsidy rate has been made, the subsidy will remain the same until the special subsidy is approved. Approval is not guaranteed.

b) Revise CFS-435-F: Subsidized Guardianship Agreement if appropriate and complete CFS-435-G.

i.Provide copy of completed CFS-435-G and new CFS-435-F to family.

ii.Provide original CFS-435-G with signatures to OCC designee to file with the circuit court.

iii.Maintain a copy of completed CFS-435-F and CFS-435-G in the guardian record.

c) Enter appropriate CHRIS updates.

F. If relative guardian(s) does not submit CFS-435-G and/or requested documentation within the required -timeframe:

1)Complete CFS-435-G and CFS-435-H: Notice of Modification or Termination to Subsidized Guardianship Agreement.

2) Send the family a copy of the completed CFS-435-G and CFS-435-H indicating termination of the agreement and associated payments and benefits.

3) File the original CFS-435-G and CFS-435-H in the guardian record.

4) Enter appropriate CHRIS updates including termination of subsidized guardianship payments.

The Foster Care Manager or designee will:

A. Conference with the DCFS Permanency Specialist or designee as needed regarding decisions related to annual reviews of subsidized guardianship arrangements.

B. Participate in meetings with the relative guardians and DCFS Permanency Specialist or designee when discussing revisions to a subsidized guardianship agreement

C. Submit any requests for an increase in a guardianship subsidy to the DCFS Director or designee for review.

OCCwill:

A.File CFS-435-G: Annual Progress Report and Subsidized Guardianship Agreement Review with the circuit court.

B.Conference with DCFS Permanency Specialist as appropriate.

The DCFS Director will:

Review requests for increases in subsidized guardianship payments and approve or deny as appropriate.

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DCFS SUMMARY OF CHANGES FOR JULY 2012 PROMULGATION

SUMMARY OF DCFS REGULAR PROMULGATION

The purpose of this regular promulgation is to:

* Improve the overall organization of the DCFS Policy Manual by incorporating certain existing policies of the manual into this section of the manual based on policy topic.

* Add language in the Policy l-E: Official Record Keeping & Access to Records that explicitly outlines parameters regarding employee access to investigative information.

* Establish ethical standards policy specific to DCFS employees.

SUMMARY OF CHANGES FOR FINAL FILING:

* In Policy l-F: Confidentiality, removed word "investigative" from third paragraph as the initial inclusion of this word was a clerical error and this section only pertains only to protective services and foster care records. There is a separate section in this policy that addresses investigative records as there always has been in this particular policy.

I-G: Ethical Standards

01/2013

Public employment is a public trust. DCFS employees shall not only avoid any potential conflict of interest, but shall also avoid any appearance of impropriety. DHS employees must conduct themselves so as to foster public confidence in the integrity of state government and safeguard client information (see Policy l-F for more information regarding confidentiality).

All DCFS employees shall adhere to DHS Policy 1081: Ethical Standards for Employees as well as DHS Policy 1084: DHS Employee Discipline: Conduct/Performance.

In addition, DCFS employees and providers are prohibited from soliciting information from any DCFS or CACD employee about any investigation (pending or completed) or case if the reason for the solicitation is due to personal interest or involvement. If a DCFS employee or provider has questions or concerns, he or she must contact the investigator or investigative agency (DCFS or CACD) to obtain information or to file a complaint as would any other person who has an open investigation or case.

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POLICY l-B: FAMILY SERVICE DELIVERY SYSTEM

01/2013

The Division of Children and Family Services purchases services from private and public agencies, universities and individuals, using state and federal funds. Programs and services of other Divisions within the Department of Human Services (DHS) may also be available to clients of DCFS. Delivery of services is coordinated with other Divisions administering TEA/TANF Medicaid, SNAP (Supplemental Nutrition Assistance Program], Social Services Block Grant, and other federal entitlement programs.

The services are authorized and funded in conjunction with various state and Yecleral laws which govern the operation of the Division. The major federal laws governing service delivery, as ai1iended[GREATER THAN] are:

* Civil Rights Act: titles 6,7,9

* Rehabilitation Act: Sections 503,504

* Americans With Disabilities Act: title II

* Social Security Act titles:

o IV-A-Block Grants to States for Temporary Assistance for Needy Families (TANF)

o IV-B-Child and Family Services

o IV-E-Federal Payments for Foster Care and Adoption Assistance

o XIX-Grants to States for Medical Assistance Programs

o XX-Block Grants to States for Social Services

* Public Laws:

o 95-608-lndian Child Welfare Act (ICWAl of 1978

o 96-272-Adoption Assistance and Child Welfare Act of 1980

o 103-382-Multiethnic Placement Act flVIEPA) of 1994/lnterethnic Adoption Provisions of 1996

o 105-89-Adoption and Safe Families Act of 1997

o 106-169-Foster Care Independence Act of 1999

o 108-36-Keeping Children and Faimiiies Safe Act of 2003

o 101-476-lndividuals with Disabilities EducatJort Act tlDEAl of 2004110-351-Fostering Connections to Success and Increasing Adoptions Act of 2008

COMPLIANCE WITH CIVIL RIGHTS ACT

The Division complies with titles VI. and VII of the Civil Rights Act and operates, manages, and delivers services without regard to race, color, religion, sex, age, riational origin, mental or physical disability, veteran status, political affiliation or belief. DCFS is the designated state agency to administer and supervise all Child and Family Services (titles IV-B and IV-E of the Social Security Act).

COMPLIANCE WITH MULTIETHNIC PLACEMENT ACT

The Division also complies with the Multiethnic Placement Act (MEPA) in making foster care and adoptive

placements. The act provides for assessment of individual liability to staff for knowingly violating MEPA

requirements.

The Multiethnic Placement Act prohibits delaying or denying the placement of a child for adoption or foster care on the basis of race, color, or national origin of the adoptive or foster parent or the child involved: and prohibits denying anv individual the opportunity to become a foster or adoptive parent on the basis of the prospective parent's or the child's race, color, or national origin.

MEPA also requires that to remain eligible for federal assistance for their child welfare programs states must diligently recruit foster and adoptive parents who reflect the racial and ethnic diversity of the children in the state who need foster and adoptive homes.

Consideration of race, color, or national origin is permissible only when an individual determination is made that the facts and circumstances of a particular case require the consideration of race, color, or national origin in order to advance the best interests of the child In need of placement. The Division's compliance with the Indian Child Welfare Act of 1978 ( P.L. 95-6081 does not violate MEPA.

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POLICY l-C: DIVISION ORGANIZATIONAL STRUCTURE

01/2013

The Director of DCFS has management and administrative responsibilities for the Division and has an interactive role with the Child Welfare Agency Review Board. An Assistant Director supervises each of the following sections: Office of Community Services, Office of Finance and Administrative Support, and Office of Central Operations. In addition. DCFS operates various programs, supervised either by the Division Director or a member of the Executive Staff as outlined below.

OFFICE OF COMMUNITY SERVICES

The Office of Community Services provides administrative leadership and guidancie tb, DCFS staff throughout all 75 Arkansas counties. Counties are grouped into 10 service delivery areas, each with an Area Director. The Assistant Director of the Office of Community Services directly supervises the 10 Area Directors and administers the Interstate Compact for the Placement of Children Unit as well as the Vehicle Safety Unit.

Each Area is comprised of the following counties:

AREA I: Benton, Carroll, Madison, Washington

AREA II: Crawford, Franklin, Johnson, Logan, Scott, Sebastian, Yell

AREA III: Clark, Garland, Hot Springs, Howard, Montgomery, Perry, Pike, Polk, Sajine

AREA IV: Columbia, Hempstead, Lafayette, Little River, Milter, Nevada, Ouachita, Seyier, Union

AREA V: Baxter, Boone, Conway, Faulkner, Marlon, Newton, Pope, Searcy, Van Bureri

AREA VI: Pulaski

AREA VII: Bradley, Calhoun, Cleveland, Dallas, Grant, Jefferson, Lincoln, Lonoke, Prairie

AREA VIII: Clay, Craighead, Fulton[GREATER THAN] Greene, Izard, Lawrence, Mississippi, Randolph, Sharp

AREA IX: Cleburne, Crittenden, Cross, Independence, Jackson,:Ppinsett, Stone, White, Woodruff

AREA X: Arkansas, Ashley, Chicot, Desha, Drew; Lee, Monroe, PhjHips, St. Francis

Each county is generally comprised of at least one supervisor (FSWCouhtv Supervisor/FSW Supervisor) as well as family service workers (FSWsl and support staff. Each posltlonMhas a lob title that has a set of minimum qualifications established by the Department of Finance and Administration. Office of Personnel Management-Positions may then be further defined based on lob functions dteveloped by a direct supervisor (e.g.. FSW functional roles include but are not limited to investigators. Caseworkers, resource workers, and adoption specialists; support staff functional foles include but are not limited to program assistants, transitional youth coordinators, health service workers and clerical staff).

OFFICE OF FINANCE AND ADMINISTRATIVE SUPPORT

The Office of Finance and Administrative Support provides administrative and management support to DCFS through personnel administration, operations, budget monitoring, resource control, and contract administration. The Office of Finance and Administrative Support includes the following units: Personnel, Criminal Records. Central Registry. Contracts, Eligibility, and Financial Management.

PROGRAMS

DCFS operates the following programs which provide support for the state's network of children and family services as well as short- and long-term planning and policy development: Prevention and Support. Child Protective Services. Foster Care. Transitional Youth Services. Specialized Placement Mental Health Services. Adoption. Planning. Policy. Professional Development.

CONTINUOUS QUALITY IMPROVEMENT

In an effort to determine the effectiveness of programs in improving outcomes for children and families, the

DCFS Director also oversees a two-prong continuous quality Improvement endeavor through the Quality

Assurance Unit and the Service Quality and Practice Improvement Unit. Both of these units are operated via

contracts.

The Quality Assurance (QAl Unit compiles, analyzes, and reviews data of several reports as well as measures the outcomes each area achieves for its service population. Reports include but are not limited to the Supervisory Review Tool. Compliance Outcome Report. Contract Monitoring. Annual Report Card, and M eta-Ana lysis. The QA Unit focuses on safety, permanency, and well-being outcomes while also placing an emphasis on the personnel, contractual and foster care resources available to achieve these outcomes.

The Service Quality and Practice Improvement Unit conducts Quality Services Peer Reviews fQSPRl. The QSPR is a monitoring tool used to evaluate the aualitv of the child welfare system in Arkansas. It is modeled after the federal Child and Family Services Review (CFSR) tool and, as such, also focuses on safety, permanency, and well-being outcomes for children and families.

The Service Quality and Practice Improvement Unit employs an annual two-pronjged process for conducting QSPRs In each service area. The first part of the review process involves formal case reviews including evaluations of the Children's Reporting Information System (CHRISl records and physical case files as well as interviews with individuals pertinent to the cases. Following each review, a report is generated to convey the results and identify successes as well as areas needing improvement. During the second portion of the review process, members of the Service Quality and Practice Improvement Unit provide coaching to caseworkers and supervisors in order to not only ensure compliance with all federal and state regulations, but also to help staff employ best practices in accordance with the Arkansas Practice Model.

POLICY hDVH-M: DIVISION VOLUNTEERS

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Because families' success depends on community involvement. DCFS volunteers are an integral part of the child welfare system working to improve outcomes for children and families. Division volunteers may serve in a variety of capacities based on their interests, skill-level, and training- Regardless of the role volunteers may play. Aall volunteers are responsible for ensuring the proper care, treatment, safety, and supervision of the children they serve.

All prospective volunteers who have direct and unsupervised contact with children must be cleared through the Arlcansas Child Maltreatment Central Registry and through a State Police Criminal Record Check. The Division will request any other state where the prospective volunteer has resided in the preceding 6 years to check its child abuse and neglect registry, if available, and in the person's state of employment, if different, for reports of child maltreatment, if available.

Volunteers will be supervised by an appropriate staff person. A volunteer who works unsupervised and substitutes as staff must meet the qualifications required for a paid employee in that position.

Volunteers approved by DHS to transport children in foster care or DHS clients or to supervise visits at the request of DHS shall not be liable to the children In foster care, DHS clients, or the parents or guardians of children in foster care for injuriesto the children or clients caused by the acts or omissions of a volunteer unless the acts or omissions constitute malicious, willful, wanton, or grossly negligent conduct.

An approved volunteer who performs home studies without compensation shall have immunity from liability as provided for state officers and employees. An approved volunteer refers to any volunteer who is approved by DHS or who is approved by any organization operating under a memorandum of understanding with DHS for the completion of home studies.

If a complaint of child maltreatment is filed against any volunteer, DCFS shall evaluate the risk to children and determine the suitability of the volunteer to supervise, be left alone with children, have disciplinary control over children, or remain with DCFS untilthe allegations are determined to be true or unsubstantiated.

POLICY l-D: DIVISION VOLUNTEERS

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Because families' success depends on community involvement. DCFS volunteers are an integral part of the child welfare system working to improve outcomes for children and families. Division volunteers may serve in a variety of capacities based on their interests, skill-level, and training. Regardless ofthe role volunteers may plav. all volunteers are responsible for ensuring the proper care, treatment, safety, and supervision of the children they serve.

All prospective volunteers who have direct and unsupervised contact with children must be cleared through the Arkansas Child Maltreatment Central Registry and through a State Police Criminal Record Check. The Division will request any other state where the prospective volunteer has resided in the preceding 6 years to check its child abuse and neglect registry, if available, and in the person's state of employment, if different, for reports of child maltreatment, if available.

Volunteers approved by DHS to transport children in foster care or DHS clients or to supervise visits at the request of DHS shall not be liable to the children in foster care, DHS clients, or the parents or guardians of children in foster care for injuries to the children or clients caused by the acts or omissions of a volunteer unless the acts or omissions constitute malicious, willful, wanton, or grossly negligent conduct.

If a complaint of child maltreatment is filed against any volunteer, DCFS shall evaluate the risk to children and determine the suitability of the volunteer to supervise, be left alone with children, have disciplinary control over children, or remain with DCFS until the allegations are determined to be true or unsubstantiated.

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POLICY l-E: OFFICIAL RECORD KEEPING & ACCESS TO OFFICIAL RECORDS

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The official record of child welfare information for DCFS is maintained through the Children's Reporting Information System (CHRIS). CHRIS is a fully automated, worker-based child-welfare information system. Data input instructions for the CHRIS Applications are Included throughout the Division of Children and Family Services Policy and Procedure Manual.

CHRIS is overseen by the Division of Administrative Services, Office of Technology (OST). OST is responsible for enhancements to the CHRIS Application, data monitoring. Help Desk function, and some specialized training.

In instances when information is not able to be entered into CHRIS, some hard copies (e.g.. forms with signatures, medical records, education records, etc.) are also considered part of the official record. A hard copy file of case information will be maintained for data not in CHRIS. Hard copy files will be created, if necessary for case review.

DCFS employees with access to CHRIS are prohibited from accessing and/or viewing anv CHRIS information regarding investigative reports and/or open cases to which he or she is not assigned unless:

A.Permission from his or her supervisor is granted to view/ the information: or.

B.The employee is the supervisor for that report and/or open case.

This prohibition extends to any DCFS employee or provider with access to CHRIS who is a "subject of the report" as defined in Child Maltreatment Act. This rute holds regardless of whether the information is restricted or not to the DCFS employee or provider.

DCFS supervisors are prohibited from accessing and/or viewing investigative report or open case information in CHRIS if the interest in the report or case is personal (i.e., not professionally related).

DCFS employees and providers are also prohibited from accessing and/or viewing any information in CHRIS if the interest in the investigation and/or case is personal (e.g.. a friend, family member, present or former colleague, etc. is involved in the report or easel.

RECORD RETENTION SCHEDULE

A. Retain all information in the automated data system indefinitely to assist the Department in assessing future risk and safety.

B. Records of all cases where allegations are determined to be true shall be retained by the Child Maltreatment Central Registry and all hard copy records with true determinations shall be retained foreyer.

C. Hard copy records of unsubstantiated reports are not part of the Child Maltreatment Central Registry. They will be destroyed by the investigating agency at the end of the month in which the determination is made.

D. Records of all cases where allegations are determined to be unsubstantiated shall not be included in the Child Maltreatment Central Registry.

E. Hard copy records of unsubstantiated reports will be destroyed at the end of the month in which the determination is made.

F. Retain all child protective services, Out-of-Home Placement Services, and supportive services for five years after the youngest child turns 21 years old. Retain all other client files for five years after the file is closed or the last case activity.

G.Retain all foster and adoptive applicant files that are denied for three (31 years from the date that the applicant is informed of the decision.

H.Retain all foster and adoptive applicant files where no decision is rendered due to incomplete process for three (31 years from the date of the last documented communication with the applicant.

I. Retain all adoption records for 99 years.

J. Retain all rules until superseded. Superseded rules must be retained on as-needed basis.

K. Retain all records relating to a person or entity contracting with DHS for five years after the contract ends or is terminated.

L.Retain all administrative records including programmatic financial records for five years after the end of the biennium in which the records were produced.

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016.15.12 Ark. Code R. § 008

11/15/2012