016-15-19 Ark. Code R. § 10
POLICY I-E: CONFIDENTIALITY
01/2020
OVERVIEW
The Division of Children and Family Services (DCFS or Division) is committed to best practice in relation to respecting client confidentiality. Information is confidential if it is not intended to be disclosed to persons other than those to whom disclosure is allowed under the statute. All employees of the Division shall maintain the confidentiality of children and families served by DCFS. Confidentiality applies to verbal, written or electronic transmittal of information including information in CHRIS.
No DCFS employee may accept employment or engage in any activity while serving as a DCFS employee, which might reasonably be expected to require or induce the employee to disclose confidential information. In addition, no DCFS employee may disclose confidential information or use confidential information for the gain or benefit of the employee or person in a close, personal relationship to the employee.
INVESTIGATIVE RECORDS
Child maltreatment investigative data, records, reports, and documents are confidential and may only be disclosed as provided for in the Child Maltreatment Act codified at A.C.A. § 12-18-101 et seq.
If a DCFS employee wrongfully discloses confidential information, he or she is guilty of a Class A misdemeanor and can lose his or her job. For a Class A misdemeanor, the sentence shall not exceed one (1) year in the county jail and a $2,500 fine. See A.C.A. § 12-18-205.
IN-HOME AND FOSTER CARE CASE RECORDS
Reports, correspondence, memoranda, case histories, or other materials related to protective services and foster care records, shall be confidential and shall not be released or otherwise made available, except to the extent permitted by federal and state law and only as listed below. This includes protected health information compiled or received by a licensee or a state agency engaged in placing a child.
Any data, records, or documents described above that are released to a law enforcement agency, the prosecuting attorney, or a court by the Department of Human Services are confidential and shall be sealed and not re-disclosed without a protective order to ensure that items of evidence for which there is a reasonable expectation of privacy are not distributed to persons or institutions without a legitimate interest in the evidence.
FOSTER HOME AND ADOPTIVE RECORDS
Foster home and adoptive home records are confidential and shall not be released except:
Any person or agency to whom disclosure is made shall not disclose to any other person reports or other information obtained. Any person disclosing information in violation of A.C.A. § 12-18-104 shall be guilty of a Class A misdemeanor. Nothing in this section shall be construed to prevent subsequent disclosure by the child or his/her parent or guardian.
The Family Service Worker may by law sign for releases of information for children in DHS custody.
The Family Service Worker must present a copy of the custody order to receive medical and school records. The CFS-4000 or DHS 81: Consent for Release of Information must be signed by the parent to receive copies of parent's records; however, the parent's signature is not necessary for obtaining records for the child.
An attorney ad litem shall be provided access to all records relevant to the child's case, including, but not limited to, school records, medical records, juvenile court records and Department of Human Services records to the extent permitted by federal law.
ADOPTION RECORDS
Non-identifying information from finalized records can only be released by the Arkansas Mutual Consent Voluntary Adoption Registry. Identifying information from a finalized record can only be released by court order.
RELEASE OF INFORMATION REQUESTS REGARDING CHILD IN FOSTER CARE
When a release of information regarding a child is requested, the FSW will take the necessary steps to guard the confidentiality of personal information. The steps include:
Court orders that direct the release of specific information to specified offices, agencies or people will be construed as proper consent for release of information. No other consent is necessary. However, OCC will be informed whenever such a release of information is being made.
Children in foster care may appear in publications such as the school yearbook, school newspaper, youth group newsletter, and similar publications or platforms that would be considered normal and age-appropriate without a media release as long as they are not identified as being in foster care.
Requests for media releases that would not be considered normal and age appropriate includes requesting permission to release photographs, voice reproductions, slides, video tapes, movie films, promotional pamphlets, news releases, etc. The FSW will review the contents of such release along with OCC and make any necessary modifications. Consideration will 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 DCFS Director or designee will be consulted in matters that may reflect on the Division. In cases of consents for coverage by news media, consultation will also be sought from the DHS Director of Communications and the child's attorney-ad-litem. The foster parents and other placement providers will be informed of these policies.
The Adoption Specialist must obtain documented consent from a child 12 years of age or older, to show photographs for recruitment of an adoptive family.
FREEDOM OF INFORMATION ACT
Personnel records can be disclosed to the public, unless to do so would clearly be an unwarranted invasion of privacy. Therefore, the Department can not release the Social Security Number, school transcripts, or PPES information of any staff unless that person has been suspended or terminated as a result of his/her PPES score. Grievance information becomes public record after the grievance process is completed if a grievance is appealed to the State Grievance Review Committee. If the grievance is not appealed to the state level, the discipline does not become public record. See A.C.A § 25-19-105.
Any data, records, reports, or documents that are created, collected, or compiled by or on behalf of DHS, the Department of Arkansas State Police, or other entity authorized under A.C.A § 12-18-101 et seq. to perform investigations or provide services to children, individuals, or families shall not be subject to disclosure under the Freedom of Information Act of 1967, A.C.A § 25-19-101 et seq.
PROCEDURE II-C1: Child Abuse Hotline Acceptance and Assignment of Maltreatment Reports
01/2020
The Child Abuse Hotline Worker will:
The Child Abuse Hotline Supervisor will:
The DCFS Prevention and Reunification Unit will:
PROCEDURE II-C3: County Office Secondary Review Requests from DCFS Central Office and Requests for Clearance of Other Reports from Child Abuse Hotline
01/2020
The FSW Investigative Supervisor or County Supervisor will:
Regarding reports that meet secondary review criteria, the DCFS Prevention and Reunification Unit will:
Regarding reports that do not meet secondary review criteria but otherwise does not warrant assignment for investigation, the Child Abuse Hotline Supervisor and appropriate Hotline Staff will:
POLICY II-D: Investigation of Child Maltreatment Reports
01/2020
OVERVIEW
All reports of known or suspected child maltreatment are promptly investigated and immediate steps are taken to protect a maltreated child and any other child under the care of the same alleged offender who may also be in danger of maltreatment. The health and safety of the child are always of paramount concern.
While the Department of Human Services (DHS or Department), Division of Children and Family Services (DCFS or Division) is responsible for ensuring the health and safety of children in Arkansas, the Arkansas State Police Crimes Against Children Division (CACD) collaborates with DCFS to conduct investigations of child maltreatment allegations. DCFS and CACD will assess Priority I and Priority II referrals as outlined in the "Agreement Between the Department of Human Services and the Arkansas State Police," which is posted on CHRIS Net and is subject to renewal annually. To determine the individual responsibilities and operational protocol of the two agencies, see the specifics of the agreement. The agreement is written in accordance with Act 586 of 2007, the Governor's Executive Order, and all applicable federal and state laws.
DCFS and CACD, as appropriate, will issue notices regarding child maltreatment allegations to all persons pursuant to A.C.A § 12-18-501 et seq. The Division will issue notices in such a way as to ensure the rights to due process of the alleged offender and to protect others who may be at risk of harm from the alleged offender. For more information on child maltreatment notices, see Policy XIV-A: Notices Regarding Child Maltreatment and related procedures.
INVESTIGATION INITIATION TIMEFRAMES
All Priority I investigations will begin no later than 24 hours after receipt of a report by the Hotline, excluding:
While an allegation that a child has been subjected to neglect as defined by Garrett's Law A.C.A. § 12-18-103(14)(B) is defined as a Priority II investigation, all Garrett's Law investigations must be initiated within 24 hours after receipt of a report by the Hotline per A.C.A. § 12-18-602(b)(2)(B).
All other child maltreatment investigations reports will begin within 72-hours after receipt of a report by the Hotline. Investigations are considered initiated when, as age appropriate, the investigator conducts a face-to-face interview with the alleged victim outside the presence of the alleged offender or observes the alleged victim outside the presence of the alleged offender, or the investigator has otherwise met due diligence (see Procedure II-D3 for more information). Once the investigation has begun, the primary focus will be to determine whether or not the alleged offender has access to the child and whether the child or any other children as well as any elderly persons or individuals with a disability or mental illness with whom the alleged offender works are at risk such that they need to be protected.
NOTICE OF ALLEGATION
The investigative agency at the local level is responsible for providing the notice of allegation to all applicable parties as outlined in Procedure XIV-A1: Notices of Allegations of Child Maltreatment.
AT RISK DETERMINATIONS UPON INITIATION
Upon initiation the investigative agency must determine:
In addition to gathering the information above, the investigative agency must also gather any other necessary information to determine if the alleged offender:
If so, the investigative agency must immediately ascertain the name and address of the person in charge of those activities. The investigative agency must then immediately determine whether or not children, the elderly, or individuals with disabilities or mental illness under the care of the alleged offender appear to be at risk of maltreatment by the alleged offender.
The investigative agency supervisor and Area Director (as applicable) may consult with the Office of Chief Counsel (OCC) as necessary, prior to making a determination as to whether children, the elderly, or individuals with disabilities or mental illness appear to be at risk. If the investigative agency determines children, the elderly, or individuals with disabilities or mental illness under the care of the alleged offender are at risk of maltreatment by the alleged offender, then the investigative agency may notify the people and entities listed below of the hotline report if the DCFS Director or designee approves the at risk determination and gives written approval to the investigative agency to provide notifications of the at risk determination to:
See Procedure XIV-A2 for number of notification form and other specific instructions regarding providing at risk notifications to the persons and entities listed above.
The "at risk" determination will be changed immediately if, upon further investigation, it is determined the children under the care of the alleged offender are not at risk. See Procedure XIV-A3 for more information.
OVERALL INVESTIGATION GOALS
During the investigation of an allegation of child maltreatment, and if the alleged offender is a family member, or lives in the home of the alleged victim, the assigned investigative agency will conduct an investigation to determine:
If the alleged offender is not a family member or does not live in the home of the alleged victim, the assigned investigative agency will conduct an investigation to determine:
In addition to the other information described in this section (i.e., Overall Investigation Goals), the assigned investigative agency will also attempt to determine:
Ultimately, the information described above that is collected during the fact-finding phase of the child maltreatment investigation allows the Division to determine:
If at any time before or during an investigation it is determined that the alleged offender is not a caretaker of a child and the alleged victim has reached 18 years of age prior to notification the child maltreatment investigation shall be closed, notwithstanding any criminal investigation.
REASONABLE EFFORTS TO PREVENT REMOVAL
Throughout the investigation the Division will ensure reasonable efforts are made to preserve the family and to prevent the need to remove the child from the home unless the health and safety of the child warrant immediate removal for the protection of the child. When the investigative agency's first contact with the family has occurred during an emergency in which the child could not safely remain at home, even with reasonable services being provided, the Division will be deemed to have made reasonable efforts to prevent or eliminate the need for removal.
INVESTIGATION COMPONENTS
The child maltreatment investigation will consist of, but is not limited to, completion of a Health and Safety Assessment and interviews with:
DCFS staff are encouraged to bring child victims of Priority I reports involving sexual abuse, physical abuse, neglect, and witness to violence to the nearest Child Safety Center for the interview whenever available and appropriate. In some cases, it may also be appropriate to bring child victims of certain Priority II maltreatment reports to the nearest Child Safety Center for the interview.
The Health and Safety Assessment is designed to:
If the alleged offender is identified as a parent or primary caregiver, the Health and Safety Assessment in the Children's Reporting Information System (CHRIS) will be completed based on the conditions present when the child and the parent or primary caregiver are together in the home. Children ages 0-6, children with developmental disabilities or children who have been repeatedly victimized shall be considered especially vulnerable.
Information to complete the Health and Safety Assessment will be gathered during the child maltreatment interviews. All interviews and the entirety of the Health and Safety Assessment must be completed by the investigator within 30 calendar days of the receipt of the child maltreatment report. The Health and Safety Assessment must be approved by the FSW Supervisor within 45 calendar days of the receipt of the child maltreatment report.
The Health and Safety Assessment is comprised of three components:
The Health and Safety Assessment cannot be closed until both the Health and Safety Checklist and Safety Planning screens are completed.
A description of each of the Health and Safety Assessment sections and their associated actions during an investigation follows:
Health and Safety Checklist
The Health and Safety Checklist is the first component of the Health and Safety Assessment. It contains the fourteen Arkansas Health and Safety Factors (hereinafter referred to as "safety factors"). Upon the investigation initiation, the primary investigative agency will assess whether or not any of the fourteen safety factors are present. The presence or absence of safety factors must be documented by the primary investigative agency in the Health and Safety Checklist screen in CHRIS within two business days of the investigation initiation. Every subsequent contact with the family should also include an assessment for any safety factors; however, the Health and Safety Checklist is only completed again in the event that additional safety factors are identified or facts change.
If CACD is assigned primary on an investigation and, after interviewing the alleged victim, identifies the need for DCFS to complete a safety assessment, the CACD Investigator will immediately contact DCFS to conduct the Health and Safety Assessment (Safety Planning and Investigation Risk Assessment) as appropriate. DCFS will then be assigned as the secondary investigator on that particular investigation.
If CACD is assigned primary on an investigation and does not identify the need for DCFS to conduct a safety assessment, the CACD Investigator is responsible for completing the Investigation Risk Assessment if the allegation is found true and an in-home or out-of-home case will be opened.
If DCFS is assigned primary on an investigation, DCFS will complete all components of the Health and Safety Assessment as appropriate regardless of whether safety factors are identified. The identification of the presence or absence of safety factors is critical to safety planning.
Safety Planning
Safety Planning is the second component of the Health and Safety Assessment. Safety planning requires specific actions to be taken to ensure a child's safety during the course of an investigation. If a safety factor is identified, there are only two options to implement during the safety planning process:
These two options are described below:
Protection Plan Development and Content
When any safety factors are present, a protection plan must be developed to address each identified safety factor if the child will remain in the home. A protection plan is a written plan developed by DCFS staff in conjunction with the family to address identified safety factors. The actions and any services needed to address safety factors contained in a protection plan will depend on the dynamics of a particular investigation (or case) and the family involved. This documentation describing the actual use or consideration of using protecting interventions establishes reasonable efforts to prevent removal of the child from the home.
Regardless of the actions included in a protection plan, protection planning is a process that occurs with the family and may include the family's selected support network. Protection planning and oversight on the part of the Division continues throughout involvement with the family as long as safety factors are present. The plan must be sufficient to manage and control safety factors based on a high degree of confidence that it can be implemented, sustained, and closely monitored by DCFS (see below for more information). The Division will assure that the roles and responsibilities of the protection plan are clearly described to and discussed with the person providing those services.
A protection plan must be developed and receive DCFS supervisory approval prior to DCFS staff leaving the home. The protection plan serves as a written agreement between the Division and the family. As such, a copy of the plan will be provided to the caregiver and to other members participating in the plan prior to the investigator leaving the home.
However, protection plans may not:
To file a dependency-neglect petition to ensure a child's safety in the home, the FSW will contact OCC immediately (or at the start of the next business day if the safety assessment occurred after hours or on the weekend) to request OCC to file the appropriate petition. It is crucial that the FSW Investigator, with support from his or her supervisor, determines exactly what the Division is requesting the court to order, if applicable, to address the identified dependency-neglect issues (i.e., safety factors).
If the requested court order is issued, the FSW Investigator will then craft a corresponding protection plan that reflects the orders of the court as well as any other actions or information that need to be included in the protection plan to ensure child safety. The FSW Investigator will then thoroughly explain the contents of the protection plan to the caregivers and other individuals who may be a part of the protection plan.
Order of Less Than Custody
An order of less than custody is one action that could potentially be included in a protection plan (once the order is issued), if appropriate. An order of less than custody legally restricts the alleged offender from contact with the child while allowing the child to remain in the home with the non-offending custodian (if the non-offending custodian is already a legal custodian of the child) as part of the protection plan.
In addition to the situation above in which the non-offending custodian is the legal custodian of the child and wants to restrict the alleged offender's access to the child, orders of less than custody may also be applicable to situations in which:
The Division will thoroughly assess for safety factors (to be documented in the Health and Safety Checklist) to ensure that a protection plan is in place for a child before leaving that child in a home where DCFS has petitioned the court for an order of less than custody.
To file a dependency-neglect petition to obtain an order of less than custody, the FSW will contact OCC immediately to request OCC to file the appropriate petition.
Protection Plan Documentation
The Safety Planning screen in CHRIS documents the actions taken to ensure a child's safety during the course of an investigation. If a protection plan is developed, it must be documented in the Safety Planning screen in CHRIS within two business days of the investigation initiation.
If any other actions were taken or services put in place to ensure safety of the child victim or other children in the home, then these activities must also be documented in the Safety Planning screen in CHRIS within two business days.
Protection Plan Monitoring and Assessment
All protection plans will be monitored via an initial face-to-face contact with the family (to include alleged victim(s), alleged offender(s), and any other children in the home) within at least 72-hours and then via a minimum of weekly face-to-face contact for the remaining life of the protection plan.
While the health and safety of the child is always assessed each time the Division comes into contact with the child, per A.C.A. § 12-18-1001(d)(2)(A) -(B), the health and safety of the child and any corresponding protection plan will be formally reassessed within 30 days of the date on which the protection plan was implemented. If after this formal reassessment is performed, the Division determines that a substantial risk of harm to the health and safety of the child remains and that the protection plan must stay in place to ensure the health and safety of the child, then the Division will file a petition for dependency-neglect (however, note that the Division may file a petition for dependency-neglect at any point to if needed to ensure the health and safety of the child) unless the parent, guardian or custodian is not:
If a case connect has already occurred, then the assigned FSW Caseworker and FSW Investigator who implemented the protection plan will collaborate to reassess the protection plan and provide the affidavit and a copy of the CFS-200: Protection Plan to OCC to file any necessary petitions for dependency-neglect at 30 days.
Case Opening, Assessment, and Case Plan as a Result of a Protection Plan Filed with the Court For a petition filed as the result of a protection plan, a corresponding case plan will be filed with the court within 30 days per A.C.A. § 9-27-402.
The assigned FSW will continue to monitor the protection plan until it is no longer needed. The assigned FSW will complete the Family Advocacy and Support Tool (FAST) in collaboration with the family, FSW Investigator, and other appropriate stakeholders (see Policy IV-A: Family Assessments for more information regarding the FAST). The FSW Caseworker will also have the primary responsibility of developing the case plan with the family and ensuring the implementation of the case plan (see Policy IV-B: Services Case Plans for more information).
If a reasonable protection plan cannot be developed, then the child must be removed and placed in an approved placement (see below for more information regarding protective custody). Removal must also be documented in the Safety Planning screen in CHRIS within two business days of the act of removal of the child.
If there are risk factors or evidence that maltreatment has occurred, but no safety factors are present, then neither a protection plan nor removal of the child is necessary at that point in time. When no safety factors are present, per A.C.A. § 12-18-1009, the parents retain the right to keep the child at home or to place the child outside the home. However, as appropriate, the FSW Investigator may make referrals or provide services during the course of the child maltreatment investigation to address any risk factors. All referrals made and services provided during the course of the child maltreatment investigation shall be documented in the Investigation Finding screen in CHRIS.
If a safety factor is identified in the home and it cannot be mitigated with the implementation of a protection plan, the Division must remove the child from the home and take protective custody. This requirement applies to any point during a child maltreatment investigation or open case when the health and physical well-being of a child are in immediate danger. When a child is taken into protective custody, the child shall be placed in an appropriate licensed or approved placement. This may include an identified relative or fictive kin (fictive kin means a person selected by the Division of Children and Family Services who is not related to the child by blood or marriage, and has a strong, positive, and emotional tie or role in the child's life or the child's parent's life if the child is an infant) home if it is in the best interest of the child and all criteria for opening a provisional foster home and placing the specific child for whom the provisional foster home was opened have been met (see Policy VI-B: Consideration of Relatives and Fictive Kin for Children in Foster Care and Policy VII: Development of Foster Homes for more information).
The Division may file a motion to transfer any other prior or subsequent legal proceeding concerning the juvenile (e.g., if a relative of the child taken into custody attempts to obtain guardianship or custody of the juvenile) to the court that is hearing the dependency-neglect petition if the Division:
See Procedure II-D11: Protective Custody of Child in Immediate Danger for information regarding how to proceed when a child is taken into protective custody by a non-DCFS stakeholder.
Investigation Risk Assessment
The Investigation Risk Assessment is the third component of the Health and Safety Assessment. It is designed to:
The Investigation Risk Assessment in CHRIS will be completed on all cases with a child maltreatment determination of "True." As such, the Investigation Risk Assessment must be completed by the investigator within 30 calendar days of receipt of the hotline report and must receive supervisory approval within 45 calendar days of receipt of the hotline report.
Levels of risk are classified as intensive, high, moderate, and low. The higher the score, the higher the risk of future harm. The level of risk determined during the Investigation Risk Assessment will be considered the baseline level of risk for any subsequent case that is opened, if applicable.
Overrides to Risk Levels have been established to assist the FSW in ensuring that the level of risk for a case accurately reflects the risk level for the children. A supervisor is allowed to make discretionary policy overrides when a unique circumstance warrants a higher risk level than assigned by the risk level chart.
The discretionary Risk Level Override options are listed below and require the supervisor to upgrade the risk level to Intensive at the initial investigation, regardless of the risk scale score.
Risk Level Overrides must be reassessed when the case plan is updated.
RIGHTS OF INVESTIGATOR
The investigator has the right to obtain a criminal background check, including a fingerprint-based check in any national crime database, on any subject of the report. The results of the criminal background check will not be disclosed outside of the Department except as permitted under A.C.A. § 12-18-612.
In accordance with A.C.A. § 12-18-613, on request by the investigating agency, any school, child care center, child care facility, residential facility, residential treatment facility, or similar institution shall provide the investigator with the name, date of birth, Social Security number, and last known address and phone number of any alleged offender if the alleged maltreatment occurred at that school, center, or facility. Any school, child care facility, residential facility, or similar institution shall also provide the person conducting the investigation with the name and address of any witness to the alleged child maltreatment if the alleged child maltreatment occurred at that school, center, or facility.
The FSW or CACD Investigator conducting the child maltreatment investigation also has the right to enter into the home, school, or other place for the purpose of conducting an interview or completing the investigation. The investigator also has the right to request accompaniment by a law enforcement agent while conducting the investigation. If the investigator is denied access into the home, school, or other place for investigative purposes, then the investigator must prepare an affidavit to submit to OCC in order to request an Order of Investigation. If the investigator is denied access into the home, school, or other place and has reason to believe a child's health or safety are in immediate danger, the investigator will call local law enforcement immediately (if not already accompanied by LLE) in order to help gain access into the home.
No publicly supported school, facility, or institution may deny access to any person conducting a child maltreatment investigation. DCFS, CACD, and law enforcement shall be allowed access to the child's public and private school records during the course of the child maltreatment investigation. School district staff shall not provide notification if a request is made to interview a student during the course of an investigation of suspected child maltreatment and a parent, guardian, custodian, or person standing in place of a child's parent is named as an alleged offender and the interviewer requests that the school personnel does not make said notification.
Per A.C.A. § 12-18-604, DHS may petition a circuit court to allow an investigator to access the controlled substance database if the investigator demonstrates probable cause that the alleged offender has one or more prescription drugs, and the baby or the alleged offender tested positive for prescription drugs at the time of the birth of the baby.
The investigator will have the discretion, in the child's best interest, to limit the persons allowed to be present when a child is being interviewed concerning an allegation of child maltreatment. The investigator will determine when a child or any other children residing in the home should be referred to a physician, psychologist, or psychiatrist for a medical or psychological examination. While DCFS staff may conduct drug screens on teenagers when necessary, all children younger than 13 should be referred to a physician or medical facility for drug screening if needed.
DCFS will fully cooperate and participate in multidisciplinary child maltreatment response teams. All information except the name of the reporter may be disclosed to the teams.
INTERPRETER SERVICES
At any point during the course of a child maltreatment investigation, when the person being interviewed cannot clearly communicate in English, the investigator shall arrange for an interpreter before continuing the interview. The interpreter must be trained and appropriately certified to translate the specific language needed.
If at any point during the course of a child maltreatment investigation, the investigator cannot determine whether the person being interviewed can clearly and effectively communicate in English, the interviewer shall end the interview. The interview shall recommence when a determination is made that the person can or cannot clearly communicate in English, and when necessary, a translator certified to translate the specific language has been obtained to facilitate clear communication. Family members should never serve as interpreters for an investigator conducting an interview.
If any delay in obtaining investigation or investigative information from having to make a determination about language and clear communication results in or creates a situation in which the alleged victim child's health or physical well-being will be put in immediate danger, the child will be placed in 72-hour protective custody.
INVESTIGATION COMPLETION TIMEFRAMES AND EXTENSIONS Regardless of whether the child maltreatment investigation is conducted by DCFS, CACD, or local law enforcement, the supervisor approved investigative determination shall be made within 45 calendar days.
The Area Director or designee may request an extension of an additional 15 calendar days (for a total investigative timeframe of 60 calendar days) to complete the investigation and make a determination if good cause for the requested extension is shown. Circumstances that meet the definition of good cause, as it pertains to requesting and granting a 15-day extension to make an investigative determination, include but are not limited to:
Documentation supporting the request for the extension must be submitted with the request.
All extension requests must be submitted to and approved by the Assistant Director of Community Services or designee.
INVESTIGATION CLOSURES AND DETERMINATIONS AND RESULTING REFERRALS AND CASE OPENINGS
Within the appropriate timeframes outlined above and utilizing PUB-357: Child Maltreatment Assessment Protocol as a guide where applicable, the Department will either:
Criteria for the administratively closed investigations and child maltreatment determinations are as follows:
Administratively Closed
A child maltreatment investigation will be administratively closed without further action or determination if:
Unsubstantiated Determination
A child maltreatment investigation will be determined unsubstantiated in the event that:
True Determination
A child maltreatment investigation will be determined true in the event of:
If a report is determined to be true, the names and conditions of any minor children of the alleged offender, and whether these children have been maltreated, or are at risk of maltreatment, will be determined unless the investigating agency has determined that there is no indication of risk to the children. If the report is determined to be true, and is a report of sexual abuse, sexual contact, or sexual exploitation, an assessment of any other children previously or currently under care of the alleged offender, to the extent practical, and whether these children have been maltreated, or are at risk of maltreatment, will be conducted unless the investigating agency has determined that there is no indication of risk to the children. The worker conducting the investigation shall also seek to ascertain all other relevant data.
If a report is determined to be true and involves any children under the age of three, those children must be referred to the Division of Developmental Disabilities Children's Services for an early intervention screening per the Child Abuse and Prevention Treatment Act (CAPTA) if the children were not already referred during the course of the investigation (see Policy II-I: Early Intervention Referrals and Services and related procedures for more information).
If a report of sexual abuse is determined to be true and the alleged offender is under the age of 18 at the time the act or omission occurred, the parents or legal guardians of the alleged juvenile or underaged juvenile offender and victim shall be provided with a list of mental health professionals or agencies available to evaluate and treat the alleged juvenile offender or underaged juvenile offender and victim, if necessary. Providing this information does not necessarily require the Division to pay for the mental health evaluation or any subsequent mental health treatment or services.
If a child maltreatment report is determined to be true, the Division will then also determine the risk level of the offender and any vulnerable population to which the offender may pose a risk of maltreatment, including without limitation children, the elderly, persons with a disability, and persons with a mental health illness. The following factors will be considered with determining whether an offender poses a risk of maltreatment to a vulnerable population:
If the Division determines the offender poses a risk to a vulnerable population, the investigative determination will continue to be documented as True, and the offender's name will be placed in the Child Maltreatment Central Registry. If the Division determines the offender does not pose a risk to a vulnerable population, the investigation determination will be documented in CHRIS as Exempted-No Risk. The DCFS Director or designee will approve determinations for true but exempted for no risk to vulnerable populations.
True but Exempted Determination
A determination of true but exempted, which means the offender's name will not be placed in the Child Maltreatment Central Registry, will be entered for the reasons listed below. The following circumstances do not require a consideration of the risk level of the offender and any vulnerable population to which the offender may pose a risk of maltreatment as these conditions warrant a determination of True But Exempted pursuant to A.C.A. § 12-18-702. The Division may open a protective services case (i.e., in home or foster care as appropriate based on the dynamics of a particular family) for any investigative determination of true but exempted.
Garrett's Law Exemptions
A child maltreatment investigation that documents the presence of an illegal substance in either the bodily fluids or bodily substances in the mother or child at the time of birth resulting from the mother knowingly using any illegal substance (i.e., Garrett's Law case) will be found true but exempted and will not be placed on the child maltreatment registry. A protective services case shall be opened to establish a plan of safe care.
If the FSW determines on an individual basis the child's health or physical well-being is in immediate danger, he or she should take the newborn into protective custody. The FSW must also assess any siblings of the newborn or other children under the care of the alleged offender. If it is determined that there is an immediate danger to the siblings' (or any other children under the care of the alleged offender) health or physical well-being, then they must also be brought into emergency 72-hour protective custody.
"Acceptable" reporters include any one of the following mandated reporters, who have reasonable cause to suspect that a newborn has been subjected to an illegal substance before birth or the mother had an illegal substance in her bodily fluids or bodily substances at the time of the birth:
* licensed nurse;
* osteopath;
* physician;
* medical resident or intern;
* surgeon;
* hospital social worker;
* or, any medical personnel who may be engaged in the admission, examination, care or treatment of persons in hospitals or similar medical settings.
During the course of an investigation, or when DCFS has custody, if the mother or newborn has tested positive for the presence of an illegal substance in the bodily fluids or bodily substances, and the mother indicates that she wants to place the newborn for adoption through a private agency or private entity, the Family Service Worker must contact OCC immediately. If the infant is placed with a private adoption agency, then do not open a Protective Services case.
Religious Belief Exemptions
A child maltreatment investigation will be determined to be true but exempted due to religious beliefs exemption in the event that the Family Service Worker (FSW) determines that the parent's decision to withhold medical treatment was based solely upon a religious belief, choosing instead to furnish the child with prayer and spiritual treatment in accordance with a recognized religious method of healing by an accredited practitioner.
An FSW will place a child whose health or physical well-being is in immediate danger in a safe environment in DHS custody regardless of the beliefs of the parents. The religious exemption does not preclude the FSW's right and responsibility to take appropriate action, including petitions to the court, to obtain necessary medical services.
Underaged Juvenile Offender Exemptions
A child maltreatment investigation will have an individual finding of true but exempted for underaged juvenile offenders if there is an overall true finding of sexual abuse by a child under the age of 14 to another child. Juvenile is Less than Fourteen (14) Years of Age Exemption
A child maltreatment investigation will have an individual finding of true but exempted if an offender is a juvenile less than fourteen (14) years of age.
Inactive Determination
Per A.C.A. § 12-18-619, a Child Maltreatment Investigation will be determined inactive if at any time before or during the investigation the Department is unable to locate or identify the alleged offender because the alleged child maltreatment occurred:
Failure to complete the investigation within the required 45 days is NOT a reason to place a case on inactive status. The report MUST document why the investigation could not be completed. A case will remain on inactive status for one year, at which time it will be expunged.
INVESTIGATIVE DETERMINATION NOTICES
The Division Children and Family Services Central Office Notifications Unit will issue notices regarding the child maltreatment investigative determination whether true or unsubstantiated to all persons pursuant to A.C.A. § 12-18-703 et seq. The Division will issue notices in such a way as to ensure the rights to due process of the alleged offender and to protect others who may be at risk of harm from the alleged offender (see Policy XIV-A: Notices Regarding Child Maltreatment and related procedures for more information and specific instructions). The Central Office Notifications Unit will also handle all notices related to administrative hearing decisions and placement on the Child Maltreatment Central Registry.
PROCEDURE II-D1: Assignment of Child Abuse Hotline Investigation Reports
01/2020
The FSW Supervisor or designee will:
PROCEDURE II-D2: Preparation for Investigation Initiation
01/2020
The FSW investigator will:
PROCEDURE II-D3: Investigation Initiation
01/2020
The FSW Investigator will:
The FSW Supervisor will:
PROCEDURE II-D4: Child Maltreatment Report Investigation Interviews
01/2020
The FSW Investigator will:
District Prohibition from Notifying Parent, Guardian, or Custodian of a Child Maltreatment Investigation.
If any parties required to be interviewed (parents, children, alleged victim child, or alleged perpetrator) cannot be located or are unable to communicate, the FSW will, after exercising due diligence, document efforts to locate or communicate with required parties and proceed with the child maltreatment investigation.
The Investigative Supervisor will:
PROCEDURE II-D5: Discovery of New Victims or Allegations in an Ongoing Investigation
01/2020
When at any point during the course of an ongoing investigation the FSW Investigator discovers new victims or new allegations of child maltreatment, the following actions will be taken:
The FSW Investigator will:
Otherwise, any other new allegation(s) should be added to the investigator's existing report.
PROCEDURE II-D11: Protective Custody of Child in Immediate Danger
01/2020
The FSW Investigator or On-Call Worker will:
This should be completed prior to the foster parent accompanying the child for treatment. In emergency situations, the on-call FSW will be available to sign for medical or dental treatment.
PROCEDURE II-D12: Using Interpreter Services During an Investigation
01/2020
Both verbal language interpreter services and American Sign Language (ASL) interpreter services are available statewide and require, when possible, a 24-hour notice. Language interpretation may be provided over the phone as well as in person.
Spoken Interpreter Services
The FSW Investigator will:
The Financial Coordinator will:
Written Translation Services
DCFS staff member needing the service will:
DCFS Central Office will:
PROCEDURE II-D14: Child Maltreatment Investigation Closures and Determinations
01/2020
Within 45 calendar days of receipt of a report from the Child Abuse Hotline (or within 60 calendar days for those investigations for which an extension was granted as outlined above) a child maltreatment investigation will be either administratively closed pursuant to A.C.A. § 12-18-601 without a determination, or closed with a determination of either:
ADMINISTRATIVE CLOSURES
In order to conduct an administrative closure, the FSW will:
The FSW Supervisor will:
The DCFS Director or designee will:
EXEMPTED NO RISK DETERMINATIONS
When considering whether the offender named in an investigation with the determination of true may pose a risk to vulnerable populations, the FSW will:
When considering whether the offender may pose a risk to vulnerable populations, the FSW Supervisor will:
When considering whether the offender may pose a risk to vulnerable populations, the DCFS Director or designee will:
OTHER DETERMINATIONS
For all other determinations, the FSW Investigator will:
The FSW Supervisor will:
PROCEDURE II-D16: DCFS and Law Enforcement Interfaces and Responses
01/2020
When a custodian is arrested and can no longer care for his/her children, law enforcement often contacts DCFS. The DCFS response depends upon whether the arrest of the parent is related to a child maltreatment or non-child maltreatment offense as well as other factors that must be assessed by DCFS. Some situations and appropriate DCFS responses include the following:
CHILD MALTREATMENT RELATED CHARGE WITHOUT IMMEDIATE DCFS NOTIFICATION
When law enforcement arrests a custodian on a child maltreatment related charge, (e.g., driving drunk with the child) and does not notify DCFS prior to placing the child with an appropriate relative or fictive kin, but DCFS learns of the placement at a later point in time, the FSW will:
CHILD MALTREATMENT RELATED CHARGE WITH IMMEDIATE DCFS NOTIFICATION
When law enforcement arrests a custodian on a child maltreatment related charge, (e.g., driving drunk with the child) and notifies DCFS, the FSW will:
NON-CHILD MALTREATMENT RELATED CHARGE WITH IMMEDIATE DCFS NOTIFICATION
When law enforcement arrests a custodian for reasons not related to child maltreatment (e.g., writing hot checks, outstanding warrant unrelated to child abuse or neglect, etc.) the FSW will:
Allow child to go with identified caregiver with no further action from DCFS.
PROCEDURE IX-A6: Preliminary Administrative Hearing
01/2020
If DCFS is unable to notify the alleged offender of the investigation determination, the Area Director may request a preliminary hearing using the CFS 232-T PH to allow provisional placement of the alleged offender's name in the Child Maltreatment Central Registry.
The Area Director will determine if the request for the preliminary hearing should be submitted to the DHS Office of Appeals and Hearings.
DCFS must prove:
The DCFS representative must tell the ALJ if there is any criminal action pertaining to the investigation. A preliminary administrative hearing shall proceed even if:
At the preliminary hearing, the ALJ will determine whether there is a prima facie case that:
If the ALJ determines that there is a prima facie case, DCFS will provisionally place the offender's name in the Child Maltreatment Central Registry. DCFS will make notification of the determination to persons as described in Procedure XIV-A7: Notices that Offender's Name Will Be Placed in the Child Maltreatment Central Registry. The Division will continue to attempt to notify the alleged offender using the CFS-292-N: Notice of Name Placement on Central Registry to Offender no less frequently than once a year for no fewer than three (3) years from the date the name is placed on the Registry. After three (3) years, no further contact will be made and the alleged offender's name will provisionally remain on the Child Maltreatment Central Registry.
Within 30 days of receiving notice of the determination of his/her listing in the Child Maltreatment Central Registry, the offender may request a hearing as outlined in the notice. If the offender fails to request a regular administrative hearing within thirty days of receipt of the notice of the investigative determination, the ALJ may determine that the provisional designation is removed, and the offender's name be officially placed in the Child Maltreatment Central Registry.
If the ALJ determines that there is no prima facie case, DCFS will not place the alleged offender's name in the Child Maltreatment Central Registry. DCFS will continue to provide notice to the alleged offender using the CFS-232-T1: Notice to Alleged Adult Offender of True Maltreatment Investigative Determination of the true investigation hearing and the opportunity for a regular administrative hearing no less frequently than once a year for no fewer than three (3) years from the date the name is placed in the Child Maltreatment Central Registry.
POLICY XIII-A: CHILD MALTREATMENT CENTRAL REGISTRY
01/2020
The Child Maltreatment Central Registry is established within the Department of Human Services for the collection of records of cases involving allegations of child maltreatment which are determined to be true pursuant to A.C.A. § 12-18-901. The Division of Children and Family Services (DCFS or Division) maintains the statewide Child Maltreatment Central Registry. Reports made to the Division are confidential and may be disclosed only as provided by A.C.A. § 12-18-909 -910.
Names of offenders and alleged offenders shall be placed in the Child Maltreatment Central Registry as specified by A.C.A. § 12-18-903. Names will be removed automatically or at the request of the offender according to A.C.A. § 12-18-908.
PROCEDURE XIII-A1: Requests for Central Registry Information
01/2020
All requests for Child Maltreatment Central Registry information will be made through the Child Maltreatment Central Registry Unit in the DCFS Central Office.
PROCEDURE XIII-A2: Central Registry Fees
01/2020
**No content changes. Technical change only to reflect renumbering based on deletion of other procedures noted above.
PROCEDURE XIII-A3: Placement of Name on the Child Maltreatment Central Registry
01/2020
An offender's name shall be placed in the Child Maltreatment Central Registry in the following cases, as provided by A.C.A. § 12-18-903:
In addition to the requirements above, the name of an offender will be placed in the Child Maltreatment Central Registry only if the Department determines pursuant to A.C.A. § 12-18-702 that the offender may pose a risk of maltreatment to a vulnerable population that includes without limitation children, the elderly, persons with a disability, and persons with a mental health illness.
PROVISIONAL PLACEMENT
An offender's name shall be placed provisionally in the Child Maltreatment Central Registry as specified by A.C.A. § 12-18-905 when directed by an Administrative Law Judge (ALJ) after the determination of a prima facie case in a preliminary administrative hearing (refer to Procedure XIV-A1 and IX-A6). The alleged offender may request a regular administrative hearing within 30 days of receipt of the notice of the investigative determination. Failure to do so shall result in a finding by the ALJ that the provisional designation shall be removed, and the offender's name shall be officially placed in the Child Maltreatment Central Registry.
If an alleged offender's name is provisionally placed in the Child Maltreatment Central Registry, any disclosure by the Child Maltreatment Central Registry shall include the notation that the name has only been provisionally placed in the Child Maltreatment Central Registry.
PERMANENT PLACEMENT
An offender shall always remain in the Child Maltreatment Central Registry in the following cases, pursuant to A.C.A. § 12-18-908:
PROCEDURE XIII-A4: Automatic Name Removal from Child Maltreatment Central Registry
01/2020
CRITERIA FOR REMOVAL
The offender's name will be automatically removed from the Child Maltreatment Central Registry for the following types of child maltreatment, as designated by A.C.A. § 12-18-908, dependent upon the offender having not had a subsequent true report of this type for one year and more than one year having passed since the offender's name was placed on the Child Maltreatment Central Registry:
A.C.A. § 12-18-908 allows these to be set at the discretion of the Director of the Department. However, these can only be changed through normal promulgation after a special review by the House Interim Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth [A.C.A. § 12-18-908 ].)
NOTIFICATION OF REMOVAL
The County Supervisor or designee is responsible for notifying offenders of the automatic removal of their name from the Child Maltreatment Central Registry, and will:
PROCEDURE XIII-A5: Child Maltreatment Central Registry Review Team
01/2020
If the offender's name is not eligible to be automatically removed from the Child Maltreatment Central as described in Procedure XIII-A4 above, the Child Maltreatment Central Registry Review Team shall review removal requests. The Child Maltreatment Central Registry Review Team shall operate as follows:
PROCEDURE XIII-A6: Name Removal from Child Maltreatment Central Registry by an Adult Offender's Request
01/2020
REMOVAL CRITERIA
An adult offender is defined as a person age 18 years or older at the time of the act or omission that resulted in a true finding of child maltreatment.
An adult offender may request his or her name be removed from the Child Maltreatment Central Registry when:
However, the adult offender may not request removal from the Child Maltreatment Central Registry if any of the following apply:
* Abuse with deadly weapon
* Bone fractures
* Brain Damage/Skull Fracture
* Burns/scalding
* Immersion
* Inadequate supervision - children less than 6 years of age
* Interfering with a child's breathing
* Internal injuries
* Malnutrition
* Oral sex
* Poison/noxious substances
* Presence of illegal substance in child or its mother at time of birth resulting from mother's knowing use of the substance
* Sexual exploitation
* Sexual penetration
* Shaking a child age 3 or younger
* Striking a child with a closed fist
* Subdural hematoma
* Suffocation
A.C.A. § 12-18-908 allows the types of maltreatment that may be considered for removal to be set at the discretion of the Director of the Department. However, these can only be changed through normal promulgation after a special review by the House Interim Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth [A.C.A. § 12-18-908 ]).
Finally, per A.C.A. § 12-18-908, If an adult offender is found guilty of, pleads guilty to, or pleads nolo contendere to an act that is the same act for which the offender is named in the Child Maltreatment Central Registry regardless of any subsequent expungement of the offense from the offender's criminal record, the offender shall always remain in the Child Maltreatment Central Registry unless the conviction is reversed or vacated.
APPLICATION FORMAT FOR AN ADULT OFFENDER
An application for name removal from the Child Maltreatment Central Registry shall conform to the following:
The Child Maltreatment Central Registry Review Team, as described in Procedure XIII-A9, may select additional, non-child maltreatment-related offenses which prevent name removal from the Child Maltreatment Central Registry.
DETERMINATION OF NAME REMOVAL REQUEST BY AN ADULT OFFENDER
The Child Maltreatment Central Registry Review Team will consider requests for removal of names from the Registry. In determining whether or not to remove an offender from the Child Maltreatment Central Registry the Review Team shall consider any relevant evidence, which may include, but is not limited to the following:
If the child maltreatment type is in the removal-by-request category, and the adult offender has not had a subsequent true report of this type for one year and more than one year has passed since the offender's name was placed on the Child Maltreatment Central Registry, he will have a right to a review of the case.
If the Review Team denies the request-for-removal of the name from the Child Maltreatment Central Registry, the Review Team shall send a denial letter to the adult offender explaining the reason for denial as it relates to:
The adult offender shall wait one year from the date of the request for removal before filing a new petition with the Division requesting the offender's name be removed from the Child Maltreatment Central Registry. However, if the Review Team needs additional information from the adult offender in order to make the determination as to whether to remove his or her name from the Child Maltreatment Central Registry, the Review Team may request that the adult offender provide the additional information without requiring the adult offender to wait an additional year to file a new petition. The Review Team shall inform the adult offender in writing of the specific additional information requested. The adult offender shall have ten (10) calendar days from the date of the request to submit the requested additional information. If the request is sent via mail, the adult offender shall be given an additional three (3) calendar days to submit the information. If the requested information is not submitted within the specified timeframe, then the adult offender shall wait one year from the date of the request to file a new petition requesting his or her name be removed from the Child Maltreatment Central Registry.
If the Review Team denies the request-for-removal of the name from the Child Maltreatment Central Registry, the adult offender may request an administrative hearing within 30 days from the receipt of the Division's decision.
PROCEDURE XIII-A7: Name Removal from Child Maltreatment Central Registry for a Juvenile Offender
01/2020
**No content changes. Technical change only to reflect renumbering based on deletion of other procedures noted above.
PROCEDURE XIV-A7: Notices that Offender's Name Will Be Placed in the Child Maltreatment Central Registry
01/2020
Due process is accomplished by providing the alleged offender with notice and an opportunity for an administrative hearing. Due process is satisfied when
These notices of name placement in the Child Maltreatment Central Registry must be sent only after due process is satisfied. Verification must be obtained that the judicial determination of the original true finding was upheld in either the regular or preliminary administrative hearing or of the fact that no hearing was requested. These notices serve to inform that the investigative determination was upheld and that the offender's name will be placed in the Child Maltreatment Central Registry, or that a prima facie case was established, allowing provisional placement of the name.
1) Type of Allegation | Severe maltreatment only |
2) What Information | Name of each victim Name of offender Type of Maltreatment |
3) When | Within 10 business days after Central Registry receives the order or after 35 business days have passed and the offender did not request a hearing |
4) Form Enforcement | CFS-281-N: Notice of Name Placement on Central Registry to Law and Prosecuting Attorney or CACD-281-N: Notice of Name Placement on Central Registry to Law Enforcement and Prosecuting Attorney as appropriate |
1) Type of Allegation | Severe maltreatment only |
2) What Information | Name of each victim Name of offender Type of maltreatment |
3) When | Within 10 business days after Central Registry receives the order or after 35 business days have passed and the offender did not request a hearing |
4) Form Enforcement | CFS-281-N: Notice of Name Placement on Central Registry to Law and Prosecuting Attorney or CACD-281-N: Notice of Name Placement on Central Registry to Law Enforcement and Prosecuting Attorney as appropriate |
1) Type of Allegation | All maltreatment |
2) What Information | Name of offender Type of maltreatment |
3) When | Within 10 business days after Central Registry receives the order or after 35 business days have passed and the offender did not request a hearing |
4) Form | CFS- 294-N: Notice of Name Placement on Central Registry to Licensing or Registering Authority, Employer, or Entity in Charge of a Paid or Volunteer Activity or CACD-294-N: Notice of Name Placement on Central Registry to Licensing or Registering Authority, Employer, or Entity in Charge of a Paid or Volunteer Activity as appropriate |
1) Type of Allegation | All maltreatment, only if the maltreatment occurred at the facility, and the facility is licensed or registered by, or is operated by or operated under contract with the State of Arkansas |
2) What Information | Name of offender Type of maltreatment |
3) When | Within 10 business days after Central Registry receives the order or after 35 business days have passed and the offender did not request a hearing |
4) Form Director or | CFS-283-N: Notice of Name Placement on Central Registry to Facility CACD-283-N: Notice of Name Placement on Central Registry to Facility Director as appropriate |
1) Type of Allegation | All maltreatment, only if the maltreatment occurred at a facility operated by or operated under contract with the Department |
2) What Information | Name of Victim Name of offender Type of maltreatment |
3) When | Within 10 business days after Central Registry receives the order or after 35 business days have passed and the offender did not request a hearing |
4) Form | CFS-290-N: Notice of Name Placement on Central Registry to DHS Division Director; Coordinator of Multidisciplinary Team for Offender and Victim; and Circuit Judge and Counsel in Dependency Neglect or FINS Case of Offender |
1) Type of Allegation | All maltreatment |
2) What Information | Name of victim Name of offender Type of maltreatment |
3) When 35 | Within 10 business days after Central Registry receives the order or after business days have passed and the offender did not request a hearing |
4) Form Parent(s) | CFS-284-N: Notice of Name Placement on Central Registry to Legal and Legal Guardian(s) of the Juvenile Offender (14 to 17 Years of Age) or CACD-284-N: Notice of Name Placement on Central Registry to Legal Parent(s) and Legal Guardian(s) of the Juvenile Offender (14 to 17 Years of Age) as appropriate |
1) Type of Allegation | All maltreatment |
2) What Information | Name of victim Name of offender Type of maltreatment |
3) When | Within 10 business days after Central Registry receives the order or after 35 business days have passed and the offender did not request a hearing |
4) Form | CFS-285-N: Notice of Name Placement on Central Registry to Victim, Legal Parent(s), Legal Guardian(s), and Current Foster Parent(s) of Victim or CACD-285-N: Notice of Name Placement on Central Registry to Victim, Legal Parent(s), Legal Guardian(s), and Current Foster Parent(s) of Victim as appropriate |
1) Type of Allegation | All maltreatment |
2) What Information | Name of victim Name of offender Type of maltreatment |
3) When | Within 10 business days after Central Registry receives the order or after 35 business days have passed and the offender did not request a hearing |
4) Form | CFS-285-N: Notice of Name Placement on Central Registry to Victim, Legal Parent(s), Legal Guardian(s), and Current Foster Parent(s) of Victim or CACD-285-N: Notice of Name Placement on Central Registry to Victim, Legal Parent(s), Legal Guardian(s), and Current Foster Parent(s) of Victim as appropriate |
1) Type of Allegation | All maltreatment |
2) What Information | Name of victim Name of offender Type of maltreatment |
3) When | Within 10 business days after Central Registry receives the order or after 35 business days have passed and the offender did not request a hearing |
4) Form | CFS-285-N: Notice of Name Placement on Central Registry to Victim, Legal Parent(s), Legal Guardian(s), and Current Foster Parent(s) of Victim or CACD-285-N: Notice of Name Placement on Central Registry to Victim, Legal Parent(s), Legal Guardian(s), and Current Foster Parent(s) of Victim as appropriate |
1) Type of Allegation | All maltreatment |
2) What Information | Name of victim Name of offender Type of maltreatment |
3) When | Within 10 business days after Central Registry receives the order or after 35 business days have passed and the offender did not request a hearing |
4) Form | CFS-285-N: Notice of Name Placement on Central Registry to Victim, Legal Parent(s), Legal Guardian(s), and Current Foster Parent(s) of Victim or CACD-285-N: Notice of Name Placement on Central Registry to Victim, Legal Parent(s), Legal Guardian(s), and Current Foster Parent(s) of Victim as appropriate |
1) Type of Allegation | All maltreatment |
2) What Information | Name of victim Name of offender Type of maltreatment |
3) When | Within 10 business days after Central Registry receives the order or after 35 business days have passed and the offender did not request a hearing |
4) Form | CFS-286-N: Notice of Name Placement on Central Registry to Circuit Judge, Attorney Ad Litem, CASA, and Counsel in Dependency Neglect or FINS Case of Victim |
1) Type of Allegation | All maltreatment |
2) What Information | Name of victim Name of offender Type of maltreatment |
3) When | Within ten (10) business days after Central Registry receives the order or after 35 business days have passed and the offender did not request a hearing |
4) Form | CFS-286-N: Notice of Name Placement on Central Registry to Circuit Judge, Attorney Ad Litem, CASA, and Counsel in Dependency Neglect or FINS Case of Victim |
1) Type of Allegation | All maltreatment |
2) What Information | Name of victim over whom the court has jurisdiction Name of offender Type of maltreatment |
3) When | Within ten (10) business days after Central Registry receives the order or after 35 business days have passed and the offender did not request a hearing. |
4) Form | CFS-286-N: Notice of Name Placement on Central Registry to Circuit Judge, Attorney Ad Litem, CASA, and Counsel in Dependency Neglect or FINS Case of Victim |
1) Type of Allegation | All maltreatment |
2) What Information | Name of victim Name of offender Type of maltreatment |
3) When | Within 10 business days after Central Registry receives the order or after 35 business days have passed and the offender did not request a hearing. |
4) Form | CFS-286-N: Notice of Name Placement on Central Registry to Circuit Judge, Attorney Ad Litem, CASA, and Counsel in Dependency Neglect or FINS Case of Victim |
1) Type of Allegation | All maltreatment |
2) What Information | Name of victim Name of offender Type of maltreatment |
3) When | Within ten (10) business days after Central Registry receives the order or after 35 business days have passed and the offender did not request a hearing |
4) Form | CFS-288-N: Notice of Name Placement on Central Registry to Attorney Ad Litem and CASA of Offender |
1) Type of Allegation | All maltreatment |
2) What Information | Name of victim Name of offender Type of maltreatment |
3) When | Within ten (10) business days after Central Registry receives the order or after 35 business days have passed and the offender did not request a hearing |
4) Form | CFS-288-N: Notice of Name Placement on Central Registry to Attorney Ad Litem and CASA of Offender |
1) Type of Allegation | All maltreatment |
2) What Information | Name of offender over whom the court has jurisdiction Name of victim Type of maltreatment |
3) When | Within 10 business days after Central Registry receives the order or after 35 business days have passed and the offender did not request a hearing. |
4) Form | CFS-290-N: Notice of Name Placement on Central Registry to DHS Division Director; Coordinator of Multidisciplinary Team for Offender and Victim; and Circuit Judge and Counsel in Dependency Neglect or FINS Case of Offender |
1) Type of Allegation | All maltreatment |
2) What Information | Name of victim Name of offender Type of maltreatment |
3) When | Within 10 business days after Central Registry receives the order or after 35 business days have passed and the offender did not request a hearing. |
4) Form | CFS-290-N: Notice of Name Placement on Central Registry to DHS Division Director; Coordinator of Multidisciplinary Team for Offender and Victim; and Circuit Judge and Counsel in Dependency Neglect or FINS Case of Offender |
1) Type of Allegation | All maltreatment |
2) What Information | Name of child represented by AAL Name of victim Name of offender Type of maltreatment |
3) When | Within 10 business days after Central Registry receives the order or after 35 business days have passed and the offender did not request a hearing |
4) Form | CFS-289-N: Notice of Name Placement on Central Registry to Attorney Ad Litem and CASA of Child in Foster Home Where Maltreatment Is Reported |
1) Type of Allegation | All maltreatment |
2) What Information | Name of child represented by CASA Name of victim Name of offender Type of maltreatment |
3) When | Within 10 business days after Central Registry receives the order or after 35 business days have passed and the offender did not request a hearing |
4) Form | CFS-289-N: Notice of Name Placement on Central Registry to Attorney Ad Litem and CASA of Child in Foster Home Where Maltreatment Is Reported |
1) Type of Allegation | All maltreatment |
2) What Information | Name of victim Name of offender Type of maltreatment |
3) When | Within ten (10) business days after Central Registry receives the order or after 35 business days have passed and the offender did not request a hearing |
4) Form | CFS-290-N: Notice of Name Placement on Central Registry to DHS Division Director; Coordinator of Multidisciplinary Team for Offender and Victim; and Circuit Judge and Counsel in Dependency Neglect or FINS Case of Offender |
1) Type of Allegation | All maltreatment |
2) What Information | Name of offender Type of maltreatment Services offered or provided by the Department |
3) When | Within ten (10) business days after Central Registry receives the order or after 35 business days have passed and the offender did not request a hearing |
4) Form | CFS-291-N2: or CACD-291-N2: as appropriate |
1) Type of Allegation | All maltreatment |
2) What Information | Name of offender Type of maltreatment Services offered or provided by the Department |
3) When | Within ten (10) business days after Central Registry receives the order or after 35 business days have passed and the offender did not request a hearing |
4) Form | CFS-291-N2 or CACD-291-N2 as appropriate |
1) Type of Allegation | All maltreatment |
2) What Information | Name of victim Name of offender Type of maltreatment |
3) When | Within ten (10) business days after Central Registry receives the order or after 35 business days have passed and the offender did not request a hearing |
4) Form Where | CFS-292-N1: Notice of Name Placement on Central Registry to School Victim Is Enrolled or CACD-292-N1: Notice of Name Placement on Central Registry to School Where Victim Is Enrolled as appropriate |
1) Type of Allegation | All maltreatment |
2) What Information | Name of victim Name of offender Type of maltreatment |
3) When | Within ten (10) business days after Central Registry receives the order or after 35 business days have passed and the offender did not request a hearing |
4) Form | CFS-295-N: Notice of Name Placement on Central Registry to Child Safety Center Involved in Investigation of Maltreatment or CACD-295-N: Notice of Name Placement on Central Registry to Child Safety Center Involved in Investigation of Maltreatment as appropriate |
1) Type of Allegation | All maltreatment |
2) What Information | Name of victim Name of offender Type of maltreatment Services offered or provided to the victim and offender |
3) When | Within ten (10) business days after Central Registry receives the order or after 35 business days have passed and the offender did not request a hearing |
4) Form | CFS-293-N: Notice of Name Placement on Central Registry to Mandated Reporter or CACD-293-N: Notice of Name Placement on Central Registry to Mandated Reporter as appropriate |
1) Type of Allegation | All maltreatment, |
2) What Information | Name of offender Type of maltreatment |
3) When | Within ten (10) business days after Central Registry receives the order or after 35 business days have passed and the offender did not request a hearing and only if a supervisor has determined that children under the care of the offender may be at risk of maltreatment by the offender |
4) Form | CFS-294-N or CACD-294-N as appropriate |
1) Type of Allegation | All maltreatment, |
2) What Information | Name of offender Type of maltreatment |
3) When | Within ten (10) business days after Central Registry receives the order or after 35 business days have passed and the offender did not request a hearing and only if a supervisor has determined that children under the care of the offender may be at risk of maltreatment by the offender |
4) Form | CFS-294-N: Notice of Name Placement on Central Registry to Licensing or Registering Authority, Employer, or Entity in Charge of a Paid or Volunteer Activity or CACD-294-N: Notice of Name Placement on Central Registry to Licensing or Registering Authority, Employer, or Entity in Charge of a Paid or Volunteer Activity as appropriate |
1) Type of Allegation | All maltreatment, |
2) What Information | Name of offender Type of maltreatment |
3) When | Within ten (10) business days after Central Registry receives the order or after 35 business days have passed and the offender did not request a hearing and only if a supervisor has determined that children under the care of the offender may be at risk of maltreatment by the offender |
4) Form | CFS-294-N: Notice of Name Placement on Central Registry to Licensing or Registering Authority, Employer, or Entity in Charge of a Paid or Volunteer Activity or CACD-294-N: Notice of Name Placement on Central Registry to Licensing or Registering Authority, Employer, or Entity in Charge of a Paid or Volunteer Activity as appropriate |
Per A.C.A. § 21-15-101, "designated Position" means a position in which a person is employed by a state agency to provide care, supervision, treatment, or any other services to the elderly, to individuals with mental illness(es), or to individuals with developmental disabilities or to children who reside in any state-operated facility or a position in which the applicant or employee will have direct contact with a child or any individual who is elderly or any individual who has mental illness(es) or developmental disabilities.
1) Type of Allegation | All maltreatment, |
2) What Information | Name of offender Type of maltreatment |
3) When | Within ten (10) business days after Central Registry receives the order or after 35 business days have passed and the offender did not request a hearing |
4) Form | CFS-296-N: Notice of Name Placement on Central Registry to Employer of Offender in a Designated Position with an Arkansas State Agency or CACD-296-N: Notice of Name Placement on Central Registry to Employer of Offender in a Designated Position with an Arkansas State Agency as appropriate |
APPENDIX 1: GLOSSARY
01/2020
ABANDONED INFANT -- A juvenile less than nine months of age and whose parent, guardian or custodian left the child alone or in the possession of another person without identifying information or with an expression of intent by words, actions or omissions not to return for the infant.
ABANDONMENT -- Failure of the parent to provide reasonable support for a juvenile and to maintain regular contact with the juvenile through statement or contact when this failure is accompanied by an intention on the part of the parent to permit the condition to continue for an indefinite period in the future, or when the failure of a parent to support or maintain regular contact with the juvenile is without just cause, or when there is an articulated intent to forego parental responsibility. Abandonment does not include acts or omissions of a parent toward a married minor.
ABUSE -- Any of the following acts or omissions by a parent, guardian, custodian, foster parent, person 18 years of age or older living in the home with a child whether related or unrelated to the child, or any person who is entrusted with the juvenile's care by a parent, guardian, custodian, or foster parent, including, but not limited to, an agent or employee of a public or private residential home, child care facility, public or private school, a significant other of the child's parent, or any person legally responsible for the juvenile's welfare, but excluding the spouse of a minor:
NOTE: The prior list of unreasonable actions is considered illustrative and not exclusive.
AGGRAVATED CIRCUMSTANCES - Aggravated circumstances exist when a child has been abandoned, chronically abused, subjected to extreme or repeated cruelty, sexually abused, sexually exploited, or a determination has been or is made by a judge that there is little likelihood that services to the family will result in successful reunification; or a child has been removed from the custody of the parent or guardian and placed in foster care or in the custody of another person three (3) or more times in the last 15 months; or, a child or a sibling has been neglected or abused such that the abuse could endanger the life of the child.
ALTERNATIVE COMPLIANCE - a request for approval from the Child Welfare Agency Review Board to allow a licensee to deviate from the letter of a rule. The licensee must demonstrate substantial compliance with the intent of the rule. This includes, but is not limited to, rule that govern background checks and convictions for prohibited offenses.
CARETAKER - A parent, guardian, custodian, foster parent, or any person 14 years of age or older who is entrusted with a child's care by a parent, guardian, custodian, or foster parent, including, but not limited to, an agent or employee of a public or private residential home, child care facility, public or private school, or any person legally responsible for a child's welfare.
CHILD - A person who is from birth to the age of 18.
CHILD (FOR TITLE IV-E PURPOSES) -
CHILD ABUSE HOTLINE - The Child Abuse Hotline is maintained by the State Police Crimes Against Families Division, for the purpose of receiving and recording notification made pursuant to the "Child Maltreatment Reporting Act". The Child Abuse Hotline is staffed 24 hours per day and has statewide accessibility through a toll-free telephone number.
CHILDCARE INSTITUTION - A private child care institution, or a public child care institution which accommodates no more than 25 children, and is licensed by the State in which it is situated or has been approved by the agency of such State or tribal licensing authority (with respect to child care institutions on or near Indian reservations) responsible for licensing or approval of institutions of this type as meeting the standards established for such licensing, except, in the case of a child who has attained 18 years of age, the term includes a supervised transitional living setting in which the individual is living independently. This definition must not include detention facilities, forestry camps, training schools, or any other facility operated primarily for the detention of children who are determined to be delinquent.
CHILD MALTREATMENT - Physical abuse, sexual abuse, emotional abuse, neglect, sexual exploitation or abandonment of a child.
CHILD MALTREATMENT INVESTIGATION -- A fact finding assessment that occurs when an allegation of child maltreatment is received. Completion is reached when a determination is made concerning the allegations.
COURT-APPOINTED SPECIAL ADVOCATE (CASA) - Volunteer appointed by the court to advocate for the best interest of juveniles in dependency-neglect proceedings.
CUSTODIAN - A person (not a parent or legal guardian) who stands in loco parentis to the child OR an agency or institution given custody of a child through a court order.
DELINQUENT JUVENILE - Any juvenile:
DEPENDENT JUVENILES - Includes a child:
DEPENDENT-NEGLECTED JUVENILE - Any juvenile who is at substantial risk of harm as a result of the following acts or omissions to the juvenile, a sibling, or another juvenile:
DEVIATE SEXUAL ACTIVITY -- Any act of sexual gratification involving:
DOMESTIC ABUSE -- Physical harm, bodily injury, assault or the infliction of fear of imminent physical harm, bodily injury or assault between family or household members; OR any sexual conduct between family or household members, whether minors or adults, which constitutes a crime under the laws of this state. "Family or household member" means spouses, former spouses, parents and children, persons related by blood within the fourth degree of consanguinity, any child residing in the household, persons who are presently or in the past resided or cohabited together and persons who have or have had a child in common.
EXEMPTED FROM TRUE DUE TO RELIGIOUS EXEMPTION -- Determination will be entered when the parent's decision to withhold medical treatment is based solely upon a religious belief, and the child is furnished with treatment by spiritual means alone, through prayer, in accordance with a recognized religious method of healing by an accredited practitioner. Such prohibition shall not limit the administrative or judicial authority of the State to ensure that medical services are provided to the child when the child's health requires it.
FAMILY -- A spouse, parent, child, sibling, or a person related by consanguinity to another person.
FAMILY IN NEED OF SERVICES (FINS) - Any family whose juvenile evidences behavior which includes, but is not limited to, the following:
FAST TRACK -- Fast track implies that reunification services will not be provided or will be terminated before 12 months of services.
FEDERAL ADOPTION SUBSIDY IV-E -- Payments for a child who is categorized as IV-E (TEA/TANF, SSI-AB or SSI-AD) at the time of placement for adoption by the Division and who meets other defined special needs characteristics if it has been documented that a reasonable effort has been made to place the child without the benefit of subsidy.
FICTIVE KIN - 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
FORCIBLE COMPULSION - Any act of physical force or intimidation, or any threat, express or implied, of death, physical injury, rape, sexual abuse or kidnapping of anyone committed against that person's will. The age, developmental stage and stature of the victim and the relationship of the victim to the assailant, as well as the threat of deprivation of affection, rights and privileges from the victim by the assailant, shall be considered in weighing the sufficiency of the evidence to prove compulsion.
GUARDIAN -- Any person, agency or institution so appointed by a court.
HOLISTIC -- View of the family and accompanying circumstances that take into consideration the entire family. This view includes the psychological, sociological, physical, and environmental factors which influence the functioning of the family.
HOME ASSESSMENT - The mutual selection process that involves several components including, but not limited to, an in-home consultation visit, background checks, pre-service training, a home study, and ongoing consultation with the prospective foster/adoptive parents to ensure that applicants meet all appropriate criteria related to both compliance and quality.
HOME STUDY - The specific interviewing and reporting tool used to determine if a family is ready, willing, and able to become a suitable and safe placement resource for a child. The home study must evaluate a family's dynamics in areas including, but not limited to, motivation for wanting to foster, health, education, lifestyle, daily schedules, parenting practices, support systems, and personal histories. It shall include a Vehicle Safety Check on all applicable household members, a Child Maltreatment Central Registry Check on all members of the household age 14 or older, excluding children in foster care, and an Arkansas State Police Criminal Record Check and a fingerprint-based FBI Criminal Background Check on all members of the household age 18 and one-half years or older, excluding children in foster care.
HOUSEHOLD MEMBER -- A resident of the home who:
ICPC -- The Interstate Compact on the Placement of Children is a legislative-enacted agreement currently entered into by all 50 states. It is used to move children in need of placement, treatment or adoption across state lines.
INACTIVE -- The child maltreatment assessment cannot be completed.
INDECENT EXPOSURE -- Exposure by a person of the person's sexual organs for the purpose of arousing or gratifying the sexual desire of the person, or of any other person under circumstances in which the person knows the conduct is likely to cause affront or alarm.
INDEPENDENCE - Permanency planning hearing disposition known as Another Planned Permanent Living Arrangement (APPLA) for the juvenile who will not be reunited with his or her family and because another permanent plan is not in the juvenile's best interest.
JUVENILE -- A person who is between birth and age 18.
LAW ENFORCEMENT AGENCY -- Any police force or organization whose primary responsibility as established by law or ordinance is the enforcement of laws of this state and is staffed 24 hours a day.
MAINTENANCE SUBSIDY -- Established monthly payment to cover the costs of maintaining and providing for the basic needs of the child in an adoptive placement on a regular basis. The payment is not to exceed the child's foster care board rate which is in effect at the time the adoption subsidy is approved. The amount may increase in subsequent approvals depending on the child's age.
MANDATED REPORTER -- Individuals identified in the "Child Maltreatment Reporting Act" who must immediately notify the Child Abuse Hotline or law enforcement if they have reasonable cause to suspect that a child has been subjected to or died from child maltreatment, or who observe the child being subjected to conditions or circumstances which would reasonably result in child maltreatment. These individuals include:
AR State Police Crimes Against Children Division (CACD) Employee
Attorney ad litem in the course of his or her duties as Attorney ad litem
Child abuse advocate or volunteer
Child advocacy center employee
Child Care center worker
Child Care worker
Child safety center employee
Child welfare ombudsman
Clergyman*
Coroner
Court Appointed Special Advocate (CASA) program staff or volunteer
Dental hygienist
Dentist
Department of Human Services employee
DHS contractor when acting within the scope of his or her contract or employment
Domestic abuse advocate
Domestic violence shelter employee
Domestic violence volunteer
Employee of a reproductive health care facility
Employee working under contract for the Division of Juvenile Services
Foster care worker
Foster parent
Judge
Juvenile intake or probation officer
Law enforcement official
Licensed nurse
Medical personnel who may be engaged in admission, examination, care, or treatment of persons
Mental health paraprofessional
Mental health professional
Osteopath
Peace officer
Physician
Prosecuting attorney
Rape crisis advocate or volunteer
Resident intern
School counselor
School official**
Sexual abuse advocate or volunteer
Social worker
Surgeon
Teacher
Victim assistance professional or volunteer
Victim/witness coordinator
Volunteer at a reproductive healthcare facility
*Clergyman includes a minister, a priest, rabbi, accredited Christian Science practitioner, or other similar functionary of a religious organization, or an individual reasonably believed to be so by the person consulting him, except to the extent he has acquired knowledge of suspected maltreatment through communications required to be kept confidential pursuant to the religious discipline of the relevant denomination or faith, or he received knowledge of the suspected maltreatment from the offender in the context of a statement of admission.
**"School Official" means any person authorized by a school to exercise administrative or supervisory authority over employees, students, or agents of the school. A volunteer exercising administrative or supervisory authority in a program conducted by a school is also considered a school official.
MEDICAL PROVIDER - Any emergency Department of a hospital licensed under § 20-9-214.
NEGLECT -- Acts or omissions of a parent, guardian, custodian, foster parent, or any person who is entrusted with the juvenile's care by a parent, custodian, guardian, or foster parent, including, but not limited to, an agent or employee of a public or private residential home, child care facility, public or private school, or any person legally responsible under state law for the juvenile's welfare, but excluding the spouse of a minor and the parents of a married minor, which constitute:
NEWBORN - An infant who is 30 days of age or younger (Garrett's Law, A.C.A. § 9-9-702 )
NON-ACCIDENTAL OR ABUSIVE HEAD TRAUMA - Form of inflicted head trauma that can be caused by direct blows to the head, dropping or throwing a child, or shaking a child. Shaken Baby Syndrome may be a component of non-accidental or accidental head trauma.
NON-RECUOUT-OF-HOME PLACEMENT - Placement in a home or facility other than placement in a youth services center, a detention facility, or the home of a parent or guardian of the juvenile; or placement in the home of an individual other than a parent or guardian, not including any placement where the court has ordered that the placement be made permanent and ordered that no further reunification services or six-month reviews are required.
OUTPATIENT MENTAL HEALTH EMERGENCY - Defined by the Community Mental Health Center's actions and protocol, including, but not limited to, facilitation of admission to a hospital or other appropriate 24-hour treatment facility.
PARENT -- Biological mother, an adoptive parent, a man to whom the biological mother was married at the time of conception or birth, or has been found by a court of competent jurisdiction to be the biological father of the juvenile.
PERMANENT CUSTODY - Custody that is transferred to a person as a permanent disposition in a juvenile case and the case is closed.
POLICY WAIVER - a request to deviate from DCFS policy, procedures or standards. The DCFS Director approves all policy waiver requests.
PORNOGRAPHY -- Obscene or licentious material, including pictures, movies and videos. Applying contemporary community standards, the material will be considered pornographic if an average person would find that the material taken as a whole, appeals to the prurient interest or if the material depicts in a patently offensive way sexual conduct. The material must lack serious literary, artistic, political or scientific value to be considered pornographic.
PREPONDERANCE OF THE EVIDENCE - Evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole, shows that the fact to be proved is more probable than not.
PROTECTION PLAN - A written plan developed by the Division in conjunction with the family and support network to protect the juvenile from harm and which allows the juvenile to remain safely in the home.
PSYCHIATRIC CRISIS - Any condition requiring greater than routine services, but requiring less than hospitalization; a condition that is not homicidal or suicidal, or if it is, one that can be handled with a no-harm contract or a viable plan for safety.
PUTATIVE FATHER - A man who claims or is alleged to be the biological father of a juvenile, but has not been so deemed or adjudicated by a U.S. court.
REASONABLE EFFORTS - Efforts to
RRING ADOPTION EXPENSE SUBSIDY -- Payment for non-recurring adoption expenses incurred in the adoption of a child with special needs and is limited to $1,500 per child. Payment will be made to or on behalf of parents who have adopted or have accepted placement for the purpose of adoption.
ORDER OF LESS THAN CUSTODY - A court order that DCFS may seek when there are protection issues regarding a child whose health or physical well-being is in immediate danger, but the Division does not want to seek custody.
If continuation of reasonable efforts as listed above is determined to be inconsistent with the permanency plan for the child, reasonable efforts are made to place the child in a timely manner in accordance with the permanency plan including, if appropriate, through an interstate placement, and to complete whatever steps are necessary to finalize the permanent placement of the child. They also include efforts made to obtain permanency for a child who has been in an out-of-home placement for more than 12 months or for 15 of the last 22 months.
RECEIVING PARTY -- Local agency, office, facility, or individual who will be supervising a child placed into a state under the provisions of the ICPC.
RECEIVING STATE -- State to which a child is sent for supervision under the provisions of the ICPC.
RELATIVE (FOR PROVISIONAL FOSTER HOMES) - A person within the fifth degree of kinship by virtue of blood or adoption (A.C.A. 9-28-402(18) & the Child Welfare Licensing Act). The fifth degree is calculated according to the child.
RELATIVE (FOR NOTIFICATION PURPOSES ONLY) - A person within the third degree of kinship by virtue of blood or adoption.
ROOMER/BOARDER -- A person to whom a household furnishes lodging, meals, or both, for a reasonable monthly payment; and is not a household member.
SAFEGUARD MEASURE - If, at any time during the foster/adoptive family application process, a Resource Worker or Adoption Specialist determines that any aspect of the home does not meet Minimum Licensing Standards or DCFS policy requirements, the prospective foster or adoptive family may be asked to implement a safeguard measure to ensure the home is safe and in compliance with policy and licensing standards. The safeguard measure must be implemented before the family can be approved as a foster or adoptive home.
SAFETY PLAN -- Court ordered plan developed for a moderate or high risk adjudicated delinquent sex offender - not to be confused with a plan put in place as part of a child maltreatment investigation to protect the child.
SCHOOL -- Any:
SENDING PARTY -- Local agency, office, facility, court or individual who has custody/jurisdiction of a child and has requested or arranged for an out-of-state placement the provisions of ICPC.
SEXUAL ABUSE - Any of the following acts committed:
SEXUAL CONTACT -- Any act of sexual gratification involving the touching, directly or through clothing, of the sex organs, buttocks, or anus of a person or the breast of a female; the encouraging of a child to touch the offender in a sexual manner; or the offender requesting to touch a child in a sexual manner. Normal affectionate hugging is not construed as sexual contact.
SEXUAL EXPLOITATION -- Allowing, permitting, or encouraging participation or depiction of the juvenile in prostitution, obscene photographing, filming, or obscenely depicting a juvenile for any use or purpose.
SIGNIFICANT OTHER - A person with whom the parent shares a household or who has a relationship with the parent that results in the person acting in place of the parent with respect to the parent's child or children, regardless of living arrangements.
SPECIAL NEEDS CHILD -- 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:
SPECIAL SUBSIDY -- A payment to provide for the costs of special services related to the child's needs which cannot be met by the adoptive parent. It may include, but not be limited to, legal/medical/psychological/therapy services and corrective appliances - not to include orthodontic corrective appliances.
STATE ADOPTION SUBSIDY -- Payments for a child who is not categorized as IV-E or SSI eligible at the time of placement for adoption by the Division. Such a child, who meets other defined special needs characteristics, may be eligible for subsidized adoption from state moneys if it has been documented that a reasonable effort has been made to place the child without the benefit of an adoption subsidy. A child must be in DHS custody to be eligible for a State funded subsidy.
STATE LEGAL SUBSIDY - OCC legal services provided for children in DHS custody and non-custody/out-of-home placement in order to finalize an adoption. 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 to IV-E, state maintenance subsidy, or non-recurring subsidy.
SUBJECT OF THE REPORT -- The alleged offender, the custodial and non-custodial parent, guardian and legal custodians of the child who are subject to suspected maltreatment, and the child who is the subject of suspected maltreatment.
SUPERVISION -- Involves periodic visitation to the home, school, or other places to monitor or observe a child's situation or condition. This service also may include arrangement and observation of visitation.
TEMPORARY CUSTODY - Custody that is transferred to a person during the pendency of the juvenile court case when services are being provided to achieve the goal of the case plan.
TEMPORARY PLACEMENT - Placement intended to be temporary (e.g., emergency shelter) until a stable placement can be located for the child in accordance with Division policy.
TRIAL PLACEMENT -- The custody of the child remains with DHS but the child is returned to the home of a parent or the person from whom custody was removed for a period not to exceed 60 days.
TRUE -- Determination when the allegation of child maltreatment is supported by a preponderance of the evidence.
UNDERAGED JUVENILE OFFENDER - Any child younger than 14 years of age for whom a report of sexual abuse has been determined to be true for sexual abuse to another child.
UNSUBSTANTIATED -- Determination when the allegation of child maltreatment is not supported by a preponderance of the evidence.
VOYEURISM -- Looking, for the purpose of sexual arousal or gratification, into a private location or place in which a child may reasonably be expected to be nude or partially nude.
016.15.19 Ark. Code R. § 010