016.15.19 Ark. Code R. 009
POLICY VI-A: OUT-OF-HOME PLACEMENT CRITERIA
01/2020
The state of Arkansas is not a voluntary placement state. The removal of a child from his or her home must occur pursuant to a judicial order placing custody of the child with the Department. After the Department removes the child or the court grants custody of the child to the Department, the child shall be placed in a licensed or approved foster home, shelter, facility, or an exempt child welfare agency as defined at A.C.A. § 9-28-402.
When a child is in the custody of the Department of Human Services, DCFS shall ensure that the out-of-home placement is in the best interest of the child, is the least restrictive possible, is matched to the child's physical and therapeutic needs (e.g., caretakers have the skills and training sufficient to meet the child's individual needs), and is close in proximity to the child's parents and the child's school. All efforts to place a child within Arkansas shall be thoroughly explored and documented before consideration is given to out-of-state placement.
If the biological parent expresses a preference for placing a child in a home of the same or similar religious background to the biological parents, the Division will place the child with a family that meets the genetic parent's religious background. If a family with the same or similar religious background is not available, the Division will place the child with a family of a different religious background but that is knowledgeable and appreciative of the child's religious background.
When it is in the best interest of each of the children, the Department shall attempt to place siblings together while in out-of-home placements. Siblings include those individuals who would be considered a sibling under state/tribal law if it were not for the disruption in parental rights, such as a termination of parental rights or death of a parent. When it is in the best interest of each of the children, the Department shall attempt to place together infants with minor mothers who are in foster care.
The state shall check all appropriate child abuse and neglect registries for information on any prospective foster or adoptive parent and any household member age fourteen (14) and up living in the home before the prospective parent may be finally approved for placement of that child. This will be done regardless of whether foster care maintenance payments or adoption assistance payments are to be made on behalf of the child. The state shall also request any other state in which a prospective parent or any household member age fourteen (14) and up has resided in the preceding five (5) years to check any child abuse and neglect registry it maintains for such information. The state will comply with any request received from another state to check its own child abuse and neglect registry.
In addition, a child in the custody of the Department shall not be placed in an approved home of any foster or adoptive parent unless all household members eighteen (18) and one-half years of age and older, excluding children in foster care, have had an Arkansas State Police Criminal Record Check.
A child in the custody of the Department shall also not be placed in an approved home of any foster or adoptive parent unless all household members eighteen (18) and one-half years of age and older, excluding children in foster care, have a fingerprint-based FBI Criminal Background Check.
No child shall be placed in the home of a foster parent where a records check reveals a felony conviction for child abuse or neglect, for spousal abuse or domestic battery, for a crime against children (including child pornography), or a crime involving violence, including rape, sexual assault, or homicide. No child shall be placed in the home of a foster parent if the record check reveals a criminal conviction for physical assault, battery, or a drug related offense, if the offense was committed within the past five (5) years. The placement decision shall be based on an individual assessment of the child's needs.
In all custodial placements by DCFS, preferential consideration will be given to an adult relative over a nonrelated caregiver if the relative caregiver meets all relevant child protection standards and it is in the best interest of the child to be placed with the relative caregiver. All potential out-of-state relative placements will be given the same opportunity as in-state relative placements to choose to become foster homes.
In order to assist in placing the child with an appropriate relative, the court will order the parent(s) to provide the necessary information to the Department to locate appropriate relatives:
If the relative meets all relevant child protection standards and it is in the child's best interest to be placed with the relative caregiver, the FSW shall discuss with the relative the following two (2) options for placement of the child in the relative's home:
For more information on these placement options, refer to Policy VI-B: Consideration of Relatives and Fictive Kin for Children in Foster Care.
Fictive kin to the child may be an appropriate placement option for a child provided the individual meets all relevant child protection standards and it is in the child's best interest to be placed with fictive kin. Fictive kin are defined as persons not related by blood or marriage but who have a strong, positive emotional tie to the child, and have a positive role in the child's life such as, godparents, neighbors, or family friends. If an appropriate fictive kin is identified as a placement option for a child, the FSW shall discuss with the fictive kin the following two (2) options for placement of the child in the fictive kin's home:
The child shall remain in a licensed or approved foster home, shelter, or facility, or an exempt child welfare agency as defined at A.C.A. § 9-28-402(12), until:
Placement or custody of a child in the home of a relative or other person shall not relieve the Department of its responsibility to actively implement the goal of the case.
The court may order a child to remain in a placement if the court finds the placement is in the best interest of the child (with the exception that the court shall not order a child to remain in a placement in a foster home that has been closed or suspended by a child placement agency) after hearing evidence from all parties. The court shall not specify a particular provider for placement or family services, when DHS is the payer or provider; however, the court may order a child to be placed into a licensed approved placement (i.e., no child shall be placed in a foster home that has been closed or suspended by a child placement agency) after a hearing where the court makes a finding that it is in the best interest of the child based on bona fide consideration of evidence and recommendations from all the parties.
If the court orders a child to be placed into a licensed approved placement as outlined above, a IV-E eligible child may still remain IV-E claimable. However, if the court orders a child into a specific placement and it is determined that the court did not make a finding based on bona fide consideration of evidence and recommendations from all parties a IV-E eligible child's IV-E claimability may be affected.
If the health or welfare of a child is in immediate danger while in a court-ordered placement, the Division may immediately remove the child from the court-ordered placement. If the Division must move a child from a court-ordered placement due to the health or welfare of a child being in immediate danger, the Division shall notify all parties within twenty-four (24) hours of the change in placement. Regarding this type of placement change, a hearing may be requested by a party to the case, and the hearing shall be held within five (5) business days of receiving the request.
In all cases in which family services are ordered, the court shall determine the parent's, guardian's, or custodian's ability to pay, in whole or in part, for these services. This determination and the evidence supporting it shall be made in writing in the court order ordering family services. If the court determines that the parent, guardian, or custodian is able to pay, in whole or part, for the services, the court shall enter a written order setting forth the amounts the parent, guardian, or custodian can pay for the family services ordered and ordering the parent, guardian, or custodian to pay the amount periodically to the provider from whom family services are received. If a child is committed to a youth services center or detained in a juvenile detention facility and is covered by private health insurance, the court may order the parent or guardian to provide information on the health insurance coverage (including a copy of the health insurance policy and pharmacy card when available) to the detention or youth services center.
A child of a parent who is in DHS custody, is also considered a dependent juvenile and is eligible to receive foster care maintenance payments and is deemed to be a recipient of aid to families with dependent children. Titles XIX and XX services will be available to the child in the state in which the child resides.
Children who are in the custody of the Department shall be allowed trial home placements with parents, for a period not to exceed sixty (60) days, except as approved by the Department, and in any event not to exceed six (6) months. This includes trial home placements with the juvenile's parent(s) from whom custody was removed (or other person from whom custody was removed). The Department values child safety and will not place any child in trial home placement unless safety factors have been mitigated and sixty (60) days is the intended maximum trial home placement. Use of trial home placement for a period exceeding sixty (60) days will be reserved for extenuating circumstances. At the end of the sixty (60) days, unless an extension is requested by the Department for good cause, the court shall either place custody of the child with the parent, or the Department shall return the child to a licensed or approved foster home, shelter, or facility, or an exempt child welfare agency as defined in A.C.A. § 9-28-402.
When a child leaves the custody of the Department and the court grants custody to the parent or another person, the Department is no longer the legal custodian of the child, even if the Juvenile Division of Circuit Court retains jurisdiction.
POLICY VI-B: CONSIDERATION OF RELATIVES AND FICTIVE KIN FOR CHILDREN IN FOSTER CARE
01/2020
The Division of Children and Family Services (DCFS) believes that safe and appropriate relatives and fictive kin are the best placements for children who must be removed from their homes to ensure safety. Research confirms that children in foster care fare much better when placed with relatives and fictive kin than in traditional foster homes or other placement settings. Placement with relatives and fictive kin helps to minimize trauma, improve well-being, and increase permanency for children in foster care. DCFS will strive to ensure that a child's first placement is with a relative or fictive kin if at all possible.
"Relative" means a person within the fifth degree of kinship to the child or at least one of the children in a sibling group, including step-siblings and half-siblings, by virtue of blood or adoption. In all custodial placements by the Department of Human Services in foster care or adoption, preferential consideration shall be given to an adult relative over a nonrelated caregiver if the relative caregiver meets all relevant child protection standards and it is in the best interest of the child to be placed with the relative caregiver.
When considering placement options for a child in foster care, relative includes non-custodial parents as parents are presumed to be the most appropriate caregiver for a child unless evidence to the contrary is presented. When a child enters foster care, the Department will immediately evaluate the appropriateness of non-custodial parents for trial home placement of their child.
When a non-custodial parent is not an immediate placement option, the Department will seek other relatives as potential caregivers in an effort to preserve the bond between the child and family. The Department will discuss with a relative (who is not the non-custodial parent) the following two (2) options for placement of the juvenile in the relative's home:
Per A.C.A. § 9-27-354, placement or custody of a juvenile in the home of a relative shall not relieve the Department of its responsibility to actively implement the goal of the case.
"Fictive kin" means a person not related to a child by blood or marriage, but who has a strong, positive, emotional tie to a child and has a positive role in a child's life. If there are no available or appropriate relatives within the fifth degree of kinship to the child, then DCFS will attempt to identify appropriate fictive kin, to include people beyond the fifth degree of kinship by virtue of blood or adoption, as a placement option for the child. If the fictive kin meet all relevant child protection standards and it is in the best interest of the child to be placed with the fictive kin, the Department shall discuss with the fictive kin the following two (2) options for placement of the juvenile in the relative's home:
The juvenile shall remain in a licensed or approved foster home, shelter, or facility, or an exempt child welfare agency until a trial home visit occurs with a non-custodial parent, a relative or fictive kin's home is opened as a provisional or regular foster home or the court grants custody of the juvenile to the relative or fictive kin after a written approved home study is presented to the court.
If the relative or fictive kin chooses to obtain legal custody of the juvenile, a protective services case must be opened on the child and a case plan developed to establish permanency for the child. The Division must provide services similar to the services that would have been provided if the child was placed in foster care, and the case plan must address these services. For example, the child's health, education, and counseling needs should be addressed in the case plan. Relatives and fictive kin have the option of obtaining permanent custody or guardianship if all efforts toward reunification are exhausted or to achieve case plan goals for permanency. If the court grants permanent custody, or guardianship is granted, the protective services case will be closed.
If Termination of Parental Rights (TPR) is an option for the case, the relative or fictive kin is eligible to adopt the child and can receive services identified in Policy VIII-I: Adoption Subsidy and related procedures, if the child is eligible.
PROCEDURE VI-B1: Trial Home Visit with Non-Custodial Parents
01/2020
The Family Service Worker will:
The Resource Worker will:
The FSW and Resource Supervisors will:
PROCEDURE VI-B2: Provisional Foster Home Placement for Children in Foster Care
01/2020
The Family Service Worker will:
The Resource Worker will:
The FSW Supervisor will:
The Resource Worker Supervisor will:
PROCEDURE VI-B3: Relative and Fictive Kin Custody for Children in Foster Care
01/2020
The Family Service Worker will:
The FSW Supervisor will:
The Adoption Specialist will:
POLICY VI-C: MAINTAINING FAMILY TIES IN OUT-OF-HOME PLACEMENTS
01/2020
Removal from the home and subsequent out-of-home placement are traumatic events for children. One way this trauma may be minimized is by maintaining family ties in out-of-home placements. Moreover, 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 maintain positive family ties while in out-of-home placement achieve better short- and long-term outcomes. If court orders differ from the requirements outlined in this policy and related procedures regarding visits and contact with family members, the Division will comply with court orders accordingly.
CONTACT WITH PARENTS
In order to maintain and strengthen the parent-child relationship, visits and other forms of contact with parents and their children in out-of-home placements are essential. Visits between parents, including noncustodial and putative parents as applicable, and their children will occur at least weekly based upon the child's best interest. More frequent visits are encouraged, as appropriate. A positive drug or alcohol screen in and of itself will not result in the postponement or withholding of visits between a parent and child in DHS custody unless:
There is a legal presumption that visits may be unsupervised unless evidence has been provided to and the court has made a ruling that unsupervised visitation is not in the best interest of the children involved. The burden is upon Division staff to provide evidence regarding why visits must be supervised or may be unsupervised.
If the court orders supervised visitation, the parent from whom custody of the child has been removed will receive a minimum of four (4) hours of supervised visitation per week. The court may order less than four (4) hours of supervised visitation if the court determines that the supervised visitation is not in the best interest of the child or will impose an extreme hardship on one (1) of the parties.
Visits which have been ordered to be supervised may be graduated to unsupervised depending on the dynamics of the case. Any Division staff member as well as approved student interns and volunteers may supervise visits. However, the appropriate supervisor will individualize each assignment to supervise visits. When making the assignment the supervisor will consider the family's history, current level of functioning, and any other applicable factors as well as the skill set of the individual selected to supervise the visit.
The preferred location for visits is the parent's home or, if that is not possible, in the most home-like setting possible. Office visits are a last resort. Visits are encouraged to include any variety of quality family time activities such as visiting a library/story time at a library, playing at a park, making and enjoying a meal together, etc., as appropriate for an individual family.
While children are in out-of-home placements, the Division, in conjunction with foster parents and placement providers, will update parents regarding their children's lives including providing information regarding, without limitation, status of physical, behavioral, and emotional health, progress in school, involvement in extracurricular activities, and achievements. Parents will be invited to participate in their children's school, faith-based, and extracurricular activities as appropriate.
The specific plan for visits between a child in out-of-home placement and his or her parents, as appropriate, will be included in the case plan. As the family prepares for reunification, the frequency and length of visits will increase while the level of supervision will decrease accordingly. The case plan will be updated as needed to reflect changes regarding visits and other contact.
Foster parents and approved relative and fictive kin volunteers may communicate directly with biological parents when appropriate and in the child's best interest to give updates on the child's progress, inform them of the child's school and extracurricular activities, and share photos. Foster parents and approved relative and fictive kin volunteers are also encouraged to consider supporting the parent-child relationship in other ways such as helping the child write letters to his or her parents, creating Life Books with the children to then share with the biological parents, and presenting a positive view of the child's parents to the child to the extent possible.
In addition, since foster parents can model positive parenting skills that may help the biological parents to achieve reunification, foster parents may consider hosting parent-child visits, if appropriate and acceptable to all individuals involved.
When assessing the appropriateness of foster parents and approved relative and fictive kin volunteers communicating directly with biological parents, holding parent-child visits in the foster parent home, or transporting the child to parent-child visits, the Division will ensure the foster parents and approved relative and fictive kin volunteers thoroughly understand all court orders related to parent-child contact and consider:
DCFS staff members will discuss with foster parents, approved relative and fictive kin volunteers, and biological parents the level of comfort that both sets of parents have with foster parents or approved relative and fictive kin volunteers providing transportation to parent-child visits or, as applicable to foster parents hosting/supervising parent-child visits. Staff will not expect foster parents to host/supervise parent-child visits or transport to parent-child visits:
Exceptions to the above guidelines may be made if the foster parents express an interest in assisting with parent-child visits under these conditions. Even when foster parents state they are willing to assist with parent-child visits during the first placement they have as foster parents or during the first month of any open foster care case, the FSW will make a decision regarding the foster parents' involvement with parent-child visits after carefully assessing each individual case and the dynamics involved. Even after the first month of an open foster care case, if foster parents desire to assist with parent-child visits, the FSW will continue to assess on a case by case basis the appropriateness of foster parent involvement for each foster care placement.
The Division will assist the foster parents and approved relative and fictive kin volunteers and biological parents in establishing appropriate expectations and boundaries regarding communication and interaction (e.g., frequency and specific times the biological parent may call or visit the foster home). Any direct interaction between the biological parents and foster parents or approved relative and fictive kin volunteers in no way relieves the Division of its duty to ensure the biological parents remain current on all aspects of their case and their children.
CONTACT WITH SIBLINGS
Sibling relationships are emotionally powerful and critically important not only in childhood, but over the course of a lifetime with sibling relationships likely to be the longest relationships most people experience. Siblings include those individuals who would be considered a sibling under state/tribal law if it were not for the disruption in parental rights, such as a termination of parental rights or death of a parent.
For children in out-of-home placements, sibling relationships can provide a significant source of continuity, stability, and comfort while in foster care. As such, when it is in the best interest of each of the children and barring extenuating circumstances, siblings are entitled to be placed together in out-of-home placements.
Siblings may be placed separately only if:
If children must be separated, the Division will attempt to place them in close proximity in order to facilitate regular and meaningful contact. The Division will ensure the reasons for the separation of siblings into different foster homes or other approved placements are regularly reassessed and targeted recruitment efforts continue to reunite the siblings. The case plan must include when siblings will be reassessed to determine if they can be reunited at a later point in time. If the reassessment determines reunification is appropriate, the plan for placing siblings together will be documented in the case plan as well.
In an effort to maintain sibling connections for those siblings who are placed separately, the siblings' case will be reviewed by the court at least once every ninety (90) days to determine whether there have been reasonable efforts to reunite the siblings and to allow regular and meaningful contact with the siblings. If the court approves a paper review, the 90-day court reviews of separated siblings may be satisfied by such a review and a hearing is not required.
In addition, siblings who must be placed separately will have consistent and meaningful contact at least weekly when possible. While face-to-face visits in home-like settings or other family-friendly locations are preferred and encouraged, other forms of communication such as phone calls, emails, and Skype or FaceTime (or similar program) conversations are permissible, as age and developmentally appropriate, to meet the weekly contact requirement. However, siblings who are placed separately will have at least bi-weekly face-to-face visits unless an FSW Supervisor grants a visit waiver. The plan for sibling visits and other contact will be outlined in the case plan. Visits or other forms of contact with siblings will not be withheld by DCFS or any placement provider as a behavioral consequence unless there are documented safety concerns for one or more of the siblings.
Siblings also have the right to remain actively involved in each other's lives. Aside from regularly scheduled visits, the Division, foster parents, approved relative and fictive kin volunteers, and other placement providers will work together to allow siblings to share celebrations including birthdays, holidays, graduations, and other meaningful milestones when possible. The Division, foster parents, approved relative and fictive kin volunteers, and other placement providers will also collaborate to ensure siblings attend each other's extracurricular events such as athletic events, musical performances, and faith-based events when reasonable and practical.
The Division will ensure siblings are included in one another's case plan staffing decisions and permanency planning decisions as age and developmentally appropriate. Siblings will also be notified when another sibling has a change in placement or exits foster care as age and developmentally appropriate. When a sibling leaves foster care, that sibling will be allowed, as appropriate, to maintain contact with a sibling who remains in an out-of-home placement. The Division will also strive to help children in foster care maintain relationships with their siblings who are not in out-of-home placements or who have been adopted or placed in permanent custody or guardianship.
CONTACT WITH RELATIVES AND OTHER FICTIVE KIN
In an effort to ensure foster care supports the permanency and well-being of the children in DHS custody, children may have an opportunity to visit or have other forms of contact with non-custodial parents, grandparents, great-grandparents, other relatives, and fictive kin provided the visits are in the best interest of the children. It is the responsibility of the Division to explore the willingness and appropriateness of identified relatives and fictive kin interested in being involved in the lives of children in out-of-home placements.
CONTACT AFTER TERMINATION OF PARENTAL RIGHTS
If it is in the child's best interest, visits with relatives may continue after Termination of Parental Rights (TPR). Visits after TPR will continue until an adoptive placement is made or the out-of-home placement case is closed. The Division will encourage adoptive parents to consider allowing contact between biological relatives and fictive kin with their adopted children, as appropriate. Continuation of visits with relatives does not include the parents for whom the agency has obtained TPR.
POLICY VI-G: CASE REVIEW JUDICIAL HEARINGS FOR CHILDREN IN OUT-OF-HOME PLACEMENT
01/2020
ADJUDICATION & DISPOSITION HEARINGS
Following a probable cause hearing, an adjudication hearing shall be held to determine whether the allegations in a petition are substantiated by a preponderance of the evidence. The dependency-neglect adjudication hearing shall be held within thirty (30) days after the probable cause hearing under A.C.A. § 9-27-315. On motion of the court and parties for good cause shown, it may be continued for no more than thirty (30) days following the first thirty (30) days (i.e., up to sixty (60) days after the probable cause hearing). However, if necessary and relevant evidence cannot be obtained in a timely manner the dependency-neglect adjudication hearing may be continued for up to an additional thirty (30) days (i.e., up to ninety (90) days after the probable cause hearing) upon motion of the court or any party.
In dependency-neglect cases, a written adjudication order shall be filed by the court within thirty (30) days of the date of the hearing or prior to the next hearing, whichever is sooner. The Office of Chief Counsel (OCC) is responsible for drafting and filing court orders. The court can determine the case disposition at the adjudication or at a separate hearing. A disposition determines what actions the agency will take in the case.
A judicial determination as to whether reasonable efforts were made or were not required to prevent removal must be made no later than sixty (60) days from the date the child is removed from the home. If a judicial determination concerning reasonable efforts to prevent removal is not made within the specified timeframe, the child will be ineligible for IV-E foster care maintenance payments for the duration of that stay in foster care.
SIX-MONTH REVIEW HEARINGS
The court will review out-of-home placement cases no less than every six (6) months, including children in out-of-home cases who are placed out-of-state. The first six-month review shall be held no later than six (6) months from the date of the original out-of-home placement of the child. However, the court may require a review prior to the sixth-month review hearing. In addition, at any time during the life of an out-of-home placement case, any party may request the court to review the case, and the party requesting the hearing shall provide reasonable notice to all parties.
At each sixth-month hearing the court will review the case sufficiently to determine the future status of the child based on the child's best interest. The court shall determine and include in its orders the following:
The court may order any studies, evaluations, or post-disposition reports, if needed. All such documents will be provided in writing to all parties and counsel at least (2) two days prior to the review hearing. All parties will be given a fair opportunity to dispute any part of a study, evaluation, or post-disposition report.
In making its findings, the court shall consider the following:
Pertaining to title IV-E eligibility requirements, the judicial review is conducted by court review, not an administrative review process. During each six-month review, the court shall make determinations based upon the best interest of the child. The best interest of the child shall be paramount at every stage of the judicial process.
PERMANENCY PLANNING HEARING
Each child in an out-of-home placement, including children placed out-of-state, shall have a permanency planning hearing (PPH) no later than twelve (12) months of the date the child is considered to have entered foster care and not less frequently than every twelve (12) months thereafter during the continuation of foster care. A child will be considered to have entered foster care on the earlier of:
* the date of the first judicial finding that the child has been subjected to child abuse or neglect, or
* the date that is sixty (60) days after the date on which the child is removed from the home.
In-state and out-of-state options, including interstate placement, if appropriate, will be considered when making reasonable efforts to place the child in a timely manner in accordance with the permanency plan. Reasonable efforts will be made to complete the steps necessary to finalize the legal permanent placement of the child. If the child is in an out-of-state placement at the time of the hearing, the court will determine whether the placement continues to be appropriate and is in the best interest of the child. When the court determines that reasonable efforts to return the child home are not required, the court shall hold a permanency planning hearing within thirty (30) days of the determination to enter a new disposition in the case to determine the child's future status. A permanency planning hearing shall also be held after a child has been in an out-of-home placement for fifteen (15) of the previous twenty-two (22) months, excluding the time spent while the child is on a trial home placement and runaway status. The permanency planning hearing will be conducted by the court, not by an administrative body.
When it becomes necessary to transfer a case to another venue, the court will contact the judge in the other venue to confirm that the transfer will be accepted. After confirmation has been received, the transferring judge will enter a transfer order with the time and date of the next hearing and the location of the court in the new venue. The transferring judge will immediately transmit the order to the judge in the new venue. A copy of the order will be provided to all parties and attorneys to the case. The transferring court will copy and send all court records to the judge in the new venue.
The Division must obtain a judicial determination that reasonable efforts were made to finalize the permanency plan for the child no later than twelve (12) months of the date the child entered foster care. If a child remains in an out-of-home placement after the initial permanency planning hearing, an annual permanency planning hearing shall be held to reassess the permanency goal selected for the child. If a judicial determination regarding reasonable efforts to finalize a permanency plan is not made, the child will be ineligible under title IV-E from the end of the 12th month following the date the child is considered to have entered foster care or the end of the 12th month following the month in which the most recent judicial determination of reasonable efforts to finalize a permanency plan was made, and remains ineligible until such a judicial determination is made.
Reasonable efforts to finalize an alternate permanency plan such as placing a child with a fit and willing relative or fictive kin for adoption or with a legal guardian, including identifying appropriate in-state and out-of-state placements, will be made concurrently with reasonable efforts to reunify the child and family.
The permanency planning hearing (PPH) shall determine the permanency goal for the child that includes, listed in order of preference, in accordance with the best interest, health, and safety of the child:
Termination of Parental Rights
At any time during the course of a case, DHS, the attorney ad item, or the court can request a hearing on whether or not reunification services should be terminated. The requesting party shall provide notice to the parties at least fourteen (14) calendar days before the hearing. The notice shall identify the grounds for recommending termination of reunification services in sufficient detail to put the family on notice.
The requesting party shall present the case. The court shall conduct and complete a hearing on a "no reunification services" request within fifty (50) days of the date of written notice to the defendants. However, upon good cause shown, the hearing may be continued for an additional twenty (20) days.
The court shall determine whether reunification services shall be terminated and enter an order of that determination. If the court determines that reunification services shall be terminated, the court shall hold a permanency planning hearing within thirty (30) days after the determination. If the court determines the permanency goal to be TPR, the Department shall file a petition to terminate parental rights within thirty (30) days from the date of the entry of the order establishing such goal. The court shall conduct and complete a TPR hearing within ninety (90) days from the date the termination of parental rights petition is filed, unless continued for good cause. After an order of termination of parental rights is filed, the court shall review the case at least every six (6) months until permanency is achieved for the child. A permanency hearing shall be held each year following the initial hearing until permanence is achieved. (Refer to Policy VIII-C.) The court reviews continue, even if a case is on appeal.
The court may terminate parental rights on one (1) parent and not the other parent if the court finds that it is in the best interest of the child.
Post-TPR Visits
If it is in the child's best interest, visits with siblings and with relatives may take place after 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.
If DHS concludes, after considering reunification, adoption, legal guardianship, or permanent placement with a fit and willing relative, that the most appropriate permanency plan for a child is placement in another planned permanent living arrangement, DHS will document to the court the compelling reason for the alternate plan.
The Department may seek the services of the Federal Parent Locator Service to search for absent parents at any point in order to facilitate a permanency plan.
Notification of Hearings and Reviews
The Department shall provide the foster parent(s) of a child, and any pre-adoptive parent or relative providing care for the child with timely notice of, and the right to be heard in, permanency planning hearings and six-month periodic reviews held with respect to the child during the time the child is in the care of such foster parent, pre-adoptive parent or relative caregiver. Notice of, and the right to be heard, does not include the right to standing as a party to the case.
In any permanency planning hearing, including any hearing regarding the transition of the child from foster care to transitional living, procedural safeguards shall be applied to assure the court or administrative body conducting the hearing consults with age-appropriate children regarding the proposed permanency or transition plans. The hearing shall also address procedural safeguards with respect to parental rights pertaining to the removal of the child from the home of his or her parents, to a change in the child's placement, and to any determination affecting visitation privileges of parents.
Judicial determinations regarding "contrary to the welfare," reasonable efforts to prevent removal, and reasonable efforts to finalize the permanency plan in effect, including judicial determinations that reasonable efforts are not required, must be explicitly documented and made on a case-by-case basis and so stated in the court order.
Reasonable efforts are not required to reunify the child and family if:
If reasonable efforts and "contrary to the welfare" judicial determinations are not included as required in the court orders, a transcript of the court proceedings is the only other documentation acceptable to verify that the required determinations have been made.
Neither affidavits nor nunc pro tunc orders will be acceptable as verification documentation in support of reasonable efforts and "contrary to the welfare" judicial determinations.
Court orders that reference state law to substantiate judicial determinations are not acceptable, even if state law provides that removal must be based on a judicial determination that remaining in the home would be contrary to the child's welfare or that removal can only be ordered after reasonable efforts have been made.
At any hearing in which the Department of Human Services is ordered by the court to provide services for a family, the court shall provide the Department with the opportunity to be heard. When DHS is not a party to the case, failure by the court to provide at least five (5) working days' notice to DHS renders any part of the order pertaining to DHS void. Refer to Policy II-G for information related to FINS cases.
POLICY VIII-M: Resumption of Services Post-Termination and Reinstatement of Parental Rights
01/2020
OVERVIEW
Given that behavior change and the work of change is a part of the child welfare system's daily challenge, the Division recognizes that there may be parents who previously had their parental rights terminated, but at a later point in time significantly alter the life circumstances that contributed to the removal of their children and the subsequent termination. These parents may qualify for resumption of services as described in the policy below. Based on the outcome of the resumption of services, the court may then consider reinstatement of parental rights. Resumption of services and a subsequent reinstatement of parental rights may provide additional permanency options for children in foster care, particularly for youth who have been in the foster care system for an extended period of time without finding a permanent family.
INITIAL ELIGIBILITY
The Department of Human Services, Division of Children and Family Services (DCFS) or an attorney ad litem may file a motion to resume services for a parent whose parental rights were previously terminated. Resumption of services may be considered if the child:
In addition, at least three (3) years must have passed between the date the order terminating parental rights was entered and the date a motion to resume services on behalf of that parent is filed. The three-year waiting period may be waived by the court if it is in the best interest of the child. It must also be determined that the parent in no way interfered with the child's ability to achieve permanency prior to the consideration of resumption of services.
ASSESSMENT
If all of the criteria above are met, the agency must then assess whether the parent and child are appropriate candidates for resumption of services before DCFS requests to file a motion to resume services. This will be determined, at a minimum, through:
The home study will include background checks to identify current issues and differentiate between current maltreatment and criminal issues versus issues occurring prior to the termination of parental rights.
Through the assessment above, it must be determined that the parent is appropriate at the time of filing the motion for resumption of services. DCFS Area Director approval must be obtained prior to moving forward with a petition for resumption of services.
When determining whether to grant or deny a motion to resume services, the court will consider:
RESUMPTION OF SERVICES
If an order granting a motion for resumption of services is entered, a staffing will be held within thirty (30) days. An updated Child and Adolescent Needs and Strengths (CANS) assessment and corresponding case plan will also be developed within thirty (30) days. Extensive services or supports should not be required to establish parental fitness. Rather, services and supports offered through a case plan for resumption of services will be designed to help facilitate the re-establishment of the parent-child bond. Examples may include regular visitation and family counseling. Such services and supports will be put in place through the case plan in an effort to work toward a reinstatement of parental rights, if appropriate, and, ultimately, a stable and permanent reunification.
If multiple counties have been involved over the life of a case that is deemed appropriate for resumption of services, the applicable DCFS Area Directors will collaborate to determine which county will serve as primary regarding the development, execution, and oversight of the case plan.
A parent will not be named as a party to a motion filed for resumption of services, but the parent will have the right to be heard at a hearing on the motion. The court may order the parent to pay for some or all of the costs associated with the court-ordered family services.
REINSTATEMENT OF PARENTAL RIGHTS
Based on the outcome of the resumption of services, the court may then consider reinstatement of parental rights, as appropriate. Services to the family must continue for at least 180 days before DHS or an attorney ad litem may file a petition to reinstate parental rights. A petition to reinstate parental rights will be filed in the circuit court that had jurisdiction over the petition to terminate parental rights. Parental rights may be reinstated if the court finds by clear and convincing evidence that:
If parental rights are reinstated, the case will remain open until the child has resided with the parent for at least six (6) months.
An order reinstating parental rights restores all rights, powers, privileges, immunities, duties, and obligations of the parent as to the child, including custody, control, and support of the child. However, an order reinstating parental rights does not vacate or affect the validity of a previous order terminating parental rights.
016.15.19 Ark. Code R. 009