016.15.22 Ark. Code R. 003
POLICY V-C: FAMILY SUPPORT FUND
The Division of Children and Family Services (DCFS) will ensure that staff has prompt access to the Family Support Fund to support birth, post-adoptive, and resource families. The purpose of the fund is:
PROCEDURE VI-A5: Out-of-Home Placement Support
The Family Service Worker (FSW) will:
POLICY VI-J: TRUST ACCOUNTS FOR CHILDREN IN FOSTER CARE
The Department of Human Services (DHS), Division of Children and Family Services (DCFS), maintains Trust Accounts for children in foster care who receive Supplemental Security Insurance (SSI), Social Security Administration (SSA) Title II Benefits, Child Support, Veterans Benefits (VA), Railroad Benefits (RR), or worker's compensation. These benefits will automatically be used to pay for the child's foster care expenses, which include the monthly board payments and contract payments. DHS will apply to become the payee for benefits collected, as appropriate.
DHS must monitor accounting for all children in foster care to protect against duplicated funding or other errors. Monetary payment to resource parents through DCFS board payment may be adjusted based on the amount of benefits a resource parent receives directly for a foster child. For details, review Policy VII-M: Financial Support to Resource Parents.
DCFS must ensure that potential changes in payee are assessed when a child receiving benefits initially enters foster care. The IV-E/Medicaid Eligibility Unit will screen all DCFS clients for potential SSI and SSA eligibility, based on information reported on the SSI Screening Questionnaire completed by DCFS field staff, and make applications for those who may meet SSA criteria. Ultimately, the authorizing agency of the benefits is the decision-making entity regarding payees for SSA and SSI benefits.
The child's trust fund account must not exceed resource limits, to maintain eligibility for Medicaid and title IV-E. DCFS will coordinate the monitoring of Trust Fund accounts with the Office of Finance, IV-E/Medicaid Eligibility Unit, and other pertinent agencies to ensure the timely and efficient management of these accounts. Resource limits are:
Authorized uses of different funds vary according to their sources. However, any expenditure from a child's trust account (in foster care) must be for the direct care or needs of the child in receipt of the income. Funds cannot be used for siblings, parents, or other individuals in the initial removal home. Authorized uses are as follows:
When the DCFS Eligibility Unit places a hold for funds on a trust account for a purchase for the youth, those funds will not be held for more than sixty (60) days. After sixty (60) days, the held funds will be released for other account uses unless an extension is requested and approved.
VII. DEVELOPMENT OF RESOURCE HOMES & SUPPORT TO RESOURCE PARENTS
POLICY VII-A: RESOURCE HOME DEFINITIONS AND ROLES
The development of quality resource homes is a process essential for ensuring the safety and well-being of children in care while concurrently supporting children's permanency goals. The Department of Human Services (DHS), Division of Children and Family Services (DCFS or the "Division") is licensed by the Child Welfare Agency Review Board as a child placement agency to approve foster and adoptive homes for DCFS. The Division utilizes the term "resource home" to refer to both types of these homes and "resource parent" or "resource family" to refer to an individual or family in those homes that provide a family-like setting on a twenty-four (24) hour basis for children in the custody of and placed there by DHS. For the time in which a child in DHS custody is placed in a resource home, that resource home must adhere to the reasonable and prudent parent standard (see Policy VII-G: Alternate Care) in the care of any child placed in the home by DHS and be the primary residence of the individual or family that is owned, rented, sublet, or leased by the individual or family.
To receive full approval as a resource home, a resource home must meet all applicable Minimum Licensing Standards for Child Welfare Agencies (Placement) established by the Child Welfare Agency Review Board and DCFS policy regarding resource home approval and maintenance provided herein (i.e., Section VII of the DCFS Policy and Procedure Manual). Anything less than full approval as a resource home is insufficient for meeting title IV-E eligibility requirements. A resource home must meet all applicable Minimum Licensing Standards for Child Welfare Agencies (Placement) and DCFS policy pertaining to resource home approval and maintenance for the duration of the child's placement while the child is in DHS custody. With respect to resource homes on or near Indian reservations, approval rests with the tribal licensing or approval authority.
Regardless of the specific service type provided, the terms resource home and resource family are used because all resource families are designed to serve as a resource to children in the custody of DHS. In cases where reunification with the biological family is still the goal, resource families also serve as a resource to the child's biological family. The resource family is part of a team. When team members cooperate and understand their own and each other's roles, the quality of the experience for everyone is increased and the well-being of the child and his or her family is positively affected.
There are two (2) types of DCFS resource homes that provide foster care services: relative or fictive kin resource homes (which may be opened on a provisional basis or as a fully approved resource home), and traditional resource homes.
Relative or fictive kin resource homes that are opened on a provisional basis are identified, recruited, and opened in an expedited manner. The Division seeks out provisional relative and fictive kin resource homes in an effort to preserve family connections and reduce the amount of trauma a child experiences when entering foster care, by placing them with a safe and appropriate relative or fictive kin. "Relative" means a person within the fifth degree of kinship to the child or to at least one of the children in a sibling group, including step-siblings and half-siblings, by virtue of blood or adoption if one has been identified and is appropriate. "Fictive kin" means a person not related by blood or marriage, but who has a strong, positive, emotional tie to a child and has a positive role in the child's life (or the life of a parent of the child, if the child is an infant), if one has been identified and is appropriate.
To open and place a child in DHS custody in a provisional relative or fictive kin resource home, Arkansas Child Maltreatment Central Registry Check, Arkansas State Police Criminal Record Check, and a Traffic Violations Record Check results must be received for all applicable household members, and a visual inspection of the home must be completed (See Policy VII-C). Therefore, a provisional relative or fictive kin resource home may be opened and a child in DHS custody placed in that home, before the results of the FBI Background Check are received, before out-ofstate child maltreatment checks are received, before the provisional resource parents have completed the pre-service training, and before a full home study is completed.
*nce opened as a provisional resource home, DCFS staff works with those relative or fictive kin resource parents to bring them into full compliance with all Minimum Licensing Standards and DCFS policies in order to transition from provisional resource home status to a fully approved relative or fictive kin resource home within a six (6) month period. However, through the approved alternative compliance or policy waiver processes (see Appendix 8: Alternative Compliance and Policy Waiver Protocol), non-safety standards and policies may be waived for relative and fictive kin resource homes (and the home will still be considered to be in full compliance with any alternative compliance or policy waiver that is in place for that specific home).
Provisional resource homes that are not in full compliance at the end of six (6) months must be closed and the child(ren) removed, unless the relative has acquired custody. However, DCFS staff will assure that every effort is made to help the provisional resource parents come into compliance with all requirements within six (6) months as long as the health and safety of the children placed there are ensured. DCFS staff will also, if applicable, ensure that any necessary transition plans are developed in advance of this six (6) month mark in an effort to lessen trauma to the children.
During the period that a relative or fictive kin home is on provisional resource status, a foster care board payment is not provided. However, provisional resource parents may apply for and receive benefits for which the relative or fictive kin is entitled due to the placement of the child in the home (e.g., SNAP). A provisional resource home may also receive child support or any federal benefits (e.g., SSA) paid on behalf of the child, as applicable.
If a home initially opened as a provisional resource home becomes a fully approved relative or fictive kin resource home, a foster care board payment will then be provided to help support the needs of the child placed in the home. However, if the home received any child support or any federal benefits paid on behalf of the child while the home was on provisional status, those child support payments or federal benefits may then be transferred to the Division to reimburse the state for foster care board payments and other expenses as appropriate.
*nce opened as a fully approved resource home, the resource parents may then request to care for children in foster care who are not related to or are not fictive kin of the resource parent with the understanding that additional evaluation of the home would be required to ensure that it would be an appropriate placement for children who are not related or not fictive kin to the resource parent. Additional training may also be requested before a resource home originally designated as a relative or fictive kin resource home begins taking children who are not related or not fictive kin.
Traditional resource homes are recruited to provide twenty-four (24) hour care for a child in foster care to whom they are neither related nor have other prior connections. However, once fully approved, traditional resource homes may provide care for both related and non-related children in DHS custody who are placed there. In addition, a traditional resource home may also serve, if desired, as an informal respite home. An informal respite home is an approved DCFS resource home that can provide temporary care (no more than seven (7) continuous days at one (1) time) for children in out-of-home placements when the children's full-time resource family is unable to do so and a member of the resource family's support system cannot assist. See Policy VII-G: Alternate Care.
A DCFS employee is only permitted to serve as an agency-approved resource parent for informal respite care purposes but may not provide informal respite care for children/youth on his or her own caseload. The DCFS Director or designee must give prior approval to any employee seeking to become an agency-approved informal respite home provider. Each DCFS employee's request to serve as an informal respite care home will be assessed on a case-by-case basis. DCFS staff requesting to become informal respite providers must meet the same licensing and space requirements as traditional resource homes. Staff from a different county or a contract provider must assess and approve the home. Employees will not use their employment status to obtain information about the child's case, gain services, or receive preferential treatment.
However, in situations where Division staff are relatives of children placed in DHS custody, and it is in the best interest of the child to be placed with the relative, the DCFS Director may grant approval for the relative/employee to serve as a full-time resource home on a case-by-case basis.
For additional information, see PUB-30: Resource Parent Handbook.
POLICY VII-B: RESOURCE HOME RECRUITMENT AND RETENTION
The Division will recruit enough resources families to ensure that all children are placed in the least-restrictive, most family-like setting that meets each child's individual needs. Recruitment should result in an increased number of qualified, trained resource families in Arkansas. The Division will diligently recruit potential resource families that reflect the ethnic and racial diversity of children in care.
Targeted recruitment will take place for resource parents who are willing and able to meet special needs of children needing placement. Targeted recruitment will begin with a diligent search and assessment of each youth's relatives and fictive kin as placement potentials, both at the initial removal from the family home and continuing throughout the dependency-neglect case.
Recruitment of new resource families is an ongoing activity for which all staff are responsible. However, the Resource Unit in each Area will take the lead role in the recruitment process. Recruitment efforts include, but are not limited to, participation from current resource parents, development of local and statewide media campaigns, and collaboration with community organizations.
As part of resource home recruitment, each county may host information meetings to explain the steps to becoming a resource home as well as the responsibilities that resource parents have to children and their families who are involved with DCFS. The information meeting will also help attendees better determine if they want to apply to become resource parents. Prospective, traditional resource parents are strongly encouraged to attend an information meeting prior to beginning the application process. Neighboring counties may hold joint information meetings to better accommodate schedules and maximize staff time.
Recruitment does not end when a resource home is opened. It must be sustained with retention efforts. DCFS will retain quality resource homes by ensuring good communication with and support to resource families.
PROCEDURE VII-B1: Resource Parent Recruitment
All staff should participate in recruitment efforts. While the following is not a comprehensive list, staff will:
The Area Director or designee will:
PROCEDURE VII-B2: Retention of Resource Homes
All DCFS staff will:
Resource Workers will:
PROCEDURE VII-B3: Information Meetings
The Resource Unit staff or designee will:
POLICY VII-C: RESOURCE HOME ASSESSMENT PROCESS
In order to ensure quality resource homes, DCFS will complete a thorough home assessment for each prospective resource family. The purpose of the assessment process is to educate prospective resource parents on the characteristics of children in out-of-home placement and evaluate their ability to meet those needs, as well as evaluate the applicants' compliance with the Minimum Licensing Standards for Child Welfare Agencies and DCFS policy requirements for resource homes. The home assessment is a mutual selection process. It involves several components including, but not limited to, background checks, an in-home consultation visit, preservice training, a home study, and ongoing consultation with the prospective resource parents to ensure that all appropriate criteria related to both compliance and quality are met.
BASIC CRITERIA
Basic criteria for consideration in determining the appropriateness of resource homes include but are not limited to the following.
Age
An applicant must be at least twenty-one (21) years of age. A policy waiver may only be approved in rare circumstances for provisional homes.
Citizenship
A traditional resource parent applicant must be a United States citizen or a legal permanent resident. However, persons who are undocumented may be considered as a resource home applicant for their relatives or fictive kin.
Relationship Stability
* Death or serious illness among family members.
* Marriage, separation, divorce, or other significant changes in the couple's relationship.
* Addition of household members (e.g., birth, adoption, aging relative moving in).
* Loss of or change in employment.
A resource home may not house or admit any roomer or boarder. A roomer or boarder is:
A household member is a resident of the home who:
Smoking Restrictions
DCFS will not place or permit a child in foster care in any resource home if the resource parent smokes or allows anyone else to smoke in the presence of any child in foster care, unless it is in the child's best interest to be placed in or remain in the resource home. This includes the use of E-cigarettes and vaping. If the resource parent indicates smoking will not occur in the presence of a child in foster care, then DCFS will designate the home a "non-smoking" resource home. If a resource parent indicates that smoking will occur in the presence of a child in foster care, the resource home will be designated a "smoking" resource home, and no child may be placed or remain in the resource home unless it is in the child's best interest to be placed in or remain in the resource home. Second-hand smoke is detrimental to a child's health and, as such, it is generally not in a child's best interest to be placed in a resource home that permits smoking in the presence of a child in foster care. In addition, state law prohibits smoking in a vehicle if a child in the car is under the age of fourteen (14) and under DCFS policy this prohibition to smoking in a vehicle extends to all children in foster care regardless of age of the child in care.
Resources
The applicant must have sufficient resources to meet the financial, medical, physical, educational, emotional, and shelter needs of the child, without relying solely on state or federal financial assistance (e.g., SNAP, SSI, SSA, etc.) to meet those needs (although these forms of assistance may be used to supplement a family's income). DCFS may make some exceptions for applicants depending on the totality of their financial and other circumstances.
Recent check stubs and the previous year's income tax return are required to verify income and employment.
While the foster care board payment may be provided for a child, resource parents must have sufficient personal income to care for a child even without a board payment. The foster care board payment will not be considered a part of the resource family's income.
BACKGROUND CHECKS
In addition to ensuring that homes meet the basic criteria, the Division will only place children in approved resource homes where the resource parents and appropriate members of the household have been cleared through a series of background checks: the Child Maltreatment Central Registry, Arkansas State Police Criminal Record Check, and an FBI Criminal Background Check (with the exception that placements may be made in provisional resource homes before FBI results are received). Any household member who resides in the home for more than three (3) cumulative months in a calendar year (e.g., an adult biological child of the resource parents who is home for the summer and holiday breaks or a relative who visits for six (6) weeks twice a year) must clear all applicable background checks.
Child Maltreatment Central Registry
Resource parents and all other members of the household age fourteen (14) years and older, excluding children in foster care, must be cleared through the Arkansas Child Maltreatment Central Registry. The Arkansas Child Maltreatment Central Registry Check will be repeated every two (2) years on all appropriate household members. If applicable, a Child Maltreatment Central Registry Check will also be conducted on each household member age fourteen (14) years or older in any state of residence in which they have lived for the past five (5) years, and in their state of employment, if different, for reports of child maltreatment.
State Police Criminal Record Check
Resource parents and all other members of the household age eighteen and a half (18.5) years and older, excluding children in foster care, must be cleared through a State Police Criminal Record Check. As soon as possible after a household member, excluding children in foster care, reaches his or her 18th birthday, the paperwork to request the State Police Criminal Record Check must be initiated to ensure results are received by the time that household member reaches eighteen and a half (18.5) years of age. The State Police Criminal Record Check will be repeated every two (2) years on all appropriate household members. If a provisional State Police Criminal Record Check enters pending status DCFS staff may work with local law enforcement to obtain local verification of criminal record for the individual to expedite placement of the child in the home of the relative or fictive kin. DCFS staff will ensure follow up with State Police Criminal Record Check within two (2) business days of check entering pending status.
FBI Criminal Background Check
Resource parents and all members of the resource home who are eighteen and a half (18.5) years of age and older, excluding children in foster care, must also clear an FBI fingerprint-based Criminal Background Check. As soon as possible, after a household member (excluding children in foster care) reaches his or her 18th birthday, the paperwork to request the FBI Criminal Record Check must be initiated to ensure results are received by the time that household member reaches eighteen and a half (18.5) years of age. The FBI Check does not need to be repeated. Placement in a provisional resource home may be made prior to receipt of FBI Criminal Background Check results, when in the best interest of the child. When placement in a provisional home occurs, DCFS will ensure that FBI Criminal Background Checks are submitted for processing within five (5) business days. Barriers to completion within five (5) business days should be assessed on a case-by-case basis and decisions should be made relevant to the best interests of the youth(s) placed in the provisional resource home.
Traffic Violations Record Check
DCFS will check the Traffic Violations Record from the Office of Driver Services for each prospective resource parent and other applicable members of the household. This record returns the number of traffic offenses and other violations incurred by the resource applicant, to include the number of points assessed by the Office of Driver Services for convictions of moving traffic violations as per the Arkansas State Vehicle Safety Program (ASVSP).The Traffic Violations Record Check will be repeated every two (2) years. To ensure child safety, DCFS will carefully assess what, if any, safety concerns exist for any applicant or current resource parent accumulating ten (10) or more points on their Traffic Violation Record.
A family member with no current valid Arkansas driver's license will be given twenty (20) days to apply and receive an Arkansas driver's license. If the resource family member does not wish to obtain an Arkansas license, a written explanation from the applicant is required and a traffic violations record check must be completed in the State of issuance for the currently held license. The applicant is responsible for obtaining and providing the traffic violations record check from the other State.
The requirement for a driver's license may be waived for provisional applicants if an acceptable plan to transport the children placed in their home to school, court dates, medical appointments, and similar engagements is approved.
IN-HOME CONSULTATION VISIT
The In-Home Consultation Visit allows resource staff to gather initial information on provisional applicants and additional information for traditional applicants that was not provided in the online application. The In-Home Consultation Visit will determine if the home meets approval requirements and, if not, what changes are needed to come into compliance. Resource home approval requirements include Minimum Licensing Standards for Child Welfare Agencies and DCFS policy requirements for resource homes.
PRE-SERVICE TRAINING
Resource parents must also complete the Division's approved pre-service training curricula designated for an applicant's specific service type (i.e., relatives and fictive kin or traditional). For traditional resource applicants, pre-service training and the DCFS orientation and final walkthrough of the home must be completed prior to placement of a child. Pre-service training will include, but is not limited to the following topics:
Central Registry and State Police Criminal Background checks must be cleared, and the FBI Criminal Background Check must have been submitted before a prospective resource parent can begin pre-service training. Traditional resource parents must also complete infant, child, and adult CPR and Standard First Aid Training and receive certification in both areas prior to placement of a child in their home. Provisional resource parents must complete infant, child, and adult CPR and Standard First Aid Training within six (6) months of the child being placed in their home, though the CPR and Standard First Aid Training is not an element that is required to move from provisional status to fully approved Relative Foster Family Home or Fictive Kin Foster Family Home status
New CPR and First Aid Training is not required for individuals certified as paramedics and Emergency Medical Technicians (EMTs) if proof of current certification is provided to DCFS staff. Current certification in Basic Life Support (BLS) and Advanced Cardiovascular Life Support (ACLS) also meet the Minimum Licensing Standard for CPR if proof of current certification is provided to DCFS staff. All other medical professionals (including nurses) must have current CPR certification as outlined above and provide a copy of their current certification to DCFS staff. Additional First Aid training for nurses and other medical professionals (to include those with ACLS certification) is not required. If an applicant with a current BLS certification is a paramedic, EMT, or firefighter, additional First Aid Training is not required. A lay person with BLS certification may have to take a First Aid class if current certification in First Aid cannot be provided.
HOME STUDY
The home study assists in determining if a family is ready, willing, and able to become a suitable and safe placement resource for a child. At least two (2) home study visits must be conducted with a resource parent applicant. The preference is for both visits to take place in the resource applicant home, but, as needed, it is permissible for one visit to be in the resource applicant home while the other is conducted over a virtual conference platform (e.g., Zoom, Facetime) with the approval of the applicable DCFS Program Manager or designee who oversees home study provider contracts. The evaluator will interview each age-appropriate member of the household.
The Division's approved home study tool evaluates a family's dynamics including but not limited to, motivation for wanting to become a resource home, household composition, housing, safety hazards, income and expenses, health, education, childcare arrangements or plans, child rearing practices, daily schedules, social history, family activities, and support systems, (for more information, see PUB-30: Resource Parent Handbook). By learning more about these areas, the home study assists in ascertaining how members of a family function individually and as a unit, and, subsequently, helps inform the conclusions and recommendation as to whether a family should serve as a resource home.
If at any point throughout the home assessment process a prospective resource home is found to be out of compliance with a licensing standard or a DCFS policy, the non-compliance issue must be addressed. However, if the Resource Worker determines that the non-compliance issue would not endanger the safety or well-being of children placed in a home, an Alternative Compliance or DCFS Policy Waiver may be requested as appropriate, (particularly for relatives and fictive kin). An alternative compliance is a request for approval from the Child Welfare Agency Review Board to deviate from a minimum licensing standard. A policy waiver is a request to deviate from a DCFS policy or procedure. If the individual conducting the home study finds an area of non-compliance, he or she must notify the Resource Worker who should then take the appropriate steps as outlined in Appendix 8, to address the non-compliance issue.
The successful completion of all home assessment components as outlined above will allow the Division to assess the quality and capability of resource homes. The home assessment process will also assist prospective resource parents in determining if fostering is appropriate for them and, if so, prepare them for their new role.
The home study may be conducted by designated Division staff, by staff contracted through the MidSOUTH Training Academy or other contract providers, or by volunteers trained by designated DCFS staff. The evaluator will complete the Division-approved home study in accordance with established protocols.
FINAL WALK-THROUGH OF THE HOME AND ORIENTATION
Prior to approving an open resource home, DCFS staff will conduct a final walk-through of the home to ensure all resource home requirements have been met, and to review what to expect in the immediate future regarding a first placement. This will include DCFS and the resource parents signing the Initial Resource Home Agreement, which provides a summary of the following information:
POLICY VII-D: DENIAL OF A RESOURCE APPLICANT
If at any point during the home assessment process the Division determines that an applicant does not meet the standards or any other criteria of a quality resource home, DCFS will deny approval of the home.
PROCEDURE VII-D1: Denial as a Result of Negative Results of a Background Check
The Resource Worker or designee will:
PROCEDURE VII-D2: Denial as a Result of the In-Home Consultation Visit
06/2022
The Resource Worker will:
The Resource Supervisor or designee will:
PROCEDURE VII-D3: Denial as a Result of the Home Assessment
The Resource Worker Supervisor or designee will:
POLICY VII-E: RESOURCE HOME MONITORING AND REEVALUATION
In order to ensure continued quality of all DCFS resource homes, the Division will monitor resource homes at least quarterly and conduct a complete reevaluation of each resource home's ability to care for children at least annually. At least one of the quarterly monitoring visits shall be unannounced and shall be documented as unannounced in the resource home record.
Resource staff shall use the Division-approved monitoring and reevaluation forms and tools for the quarterly monitoring and reevaluation visits to include background check request forms and tools when a family's Child Maltreatment Central Registry Checks and State Criminal Background must be updated.
Quarterly monitoring and annual reevaluation visits will ensure the resource home remains in compliance with all Minimum Licensing Standards for Placement as well as DCFS Policy for resource homes and otherwise appropriately meeting the physical, mental health, and emotional needs of the children placed in the home. Corrective action plans may be put into place as appropriate to bring a resource home into compliance with Minimum Licensing Standards and DCFS policy or address any other issues identified. Corrective action plans shall be time-limited -generally not to exceed sixty (60) days.
In addition, a reevaluation shall be conducted whenever there is a major life change. Major life changes include:
If during the monitoring or reevaluation process or at any other time a resource home is found to be out of compliance with any Minimum Licensing Standard or DCFS policy and does not come into compliance within the timeframe noted in a corrective action plan, the Division may close a resource home. In this event, a face-to-face meeting will occur with resource parents to discuss the closure of the home and a written notice will also be provided. This notice will include information regarding the process for an internal review of adverse action (for additional information, PUB-30: Resource Parent Handbook regarding Internal Review of Adverse Action
Involving Resource Parents). The notice will also include a summary documenting the reasons for closure, as well as all efforts by the county office to rectify the problem. The final assessment and determination of closure will be made by the Resource Worker, in collaboration with designated county staff, the Area Director and Central Office staff, as appropriate.
SINGLE RESOURCE PARENTS WHO PLAN TO MARRY
In situations when a resource parent plans to marry (or otherwise move in with/live together with a partner) and wishes to continue providing care to children in foster care, the future spouse or partner will be considered an applicant seeking approval to serve as a resource parent. The future spouse or partner must also complete pre-service training and resource parent orientation. The resource parent and fiancé(e) or partner will be informed that the reevaluation will have to be completed before the fiancé(e) or partner can take on the role of resource parent and reside with the children in the home.
If the future spouse or partner does not clear any of the background checks or does not complete pre-service training before moving into the home, the home must be made unavailable. The Division will also work toward closing the resource home. However, decisions regarding when to close the home and move a child currently may be currently placed in the home will be made on a case-by-case basis and take into account the reason the future spouse or partner does not qualify as a resource parent (e.g., background checks, failure to complete training) and the impact of a placement move on the child. The following shall participate in the decision regarding placement moves:
PROCEDURE VII-D2: Denial as a Result of the In-Home Consultation Visit
The Resource Worker will:
TWO PARENT HOMES THAT PLAN TO SEPARATE OR DIVORCE
When approved resource parents who currently have children placed in their home plan to divorce or separate, the Resource Worker will conduct a reevaluation on the resource parent who has elected to continue the role of care provider using the Division approved update/reevaluation tools. The household member who is no longer in the home will be end dated in the Division information system. If both individuals wish to continue as resource parents, a new provider service must be initiated for the parent who will be residing at a new address.
The completion and approval of all resource home monitoring visits and reevaluations must be documented in the Division information system. If a resource home reevaluation is not completed and documented annually in the Division information system, any IV-E eligible child placed in the home will lose IV-E eligible claim ability until the reevaluation of the family is completed and documented.
CONTINUING EDUCATION REQUIREMENTS
In addition to continuing to meet all Minimum Licensing Standards and DCFS Policy requirements as they relate to resource homes, resource parents must also complete a minimum of fifteen (15) hours of Division-sponsored or Division-approved in-service training annually after the first year of service. Training classes may cover a wide range of topics related to parenting, child development and behavior, and medical needs. Continuing education hours may be earned through in-person/classroom trainings, online courses, video, television programs, or books related to child abuse, child development, parenting, trauma-informed care, and other approved topics. Continuing education hours obtained through videos, books, online courses, or television programs for each resource parent must have prior approval by the assigned Resource Worker. The Resource Worker will inform resource parents of any training and educational opportunities known to them. Funds may be available to defray expenses for the resource parent continuing education opportunities. Prior approval from the local Resource Unit is required for reimbursement.
Resource parents must also maintain current CPR certification and Standard First Aid training. Maintenance of CPR certification and First Aid training is in addition to the fifteen (15) hours of continuing education and, therefore, cannot be counted as part of the annual fifteen (15) hour continuing education requirement.
Resource parents must complete their annual in-service training requirements before any additional children in care are placed in their home, unless an exception is granted. Resource parents who do not meet the in-service training requirements will be notified that they must complete the in-service training requirements within sixty (60) days. No additional children will be placed in the home during this sixty (60)-day period.
If the resource parents' annual in-service training requirements are more than sixty (60) calendar days overdue, then a reevaluation will also be required unless an extension to meet in-service training requirements has been granted by the Area Director. Extensions should be the exception and not the rule.
POLICY VII-F: RESOURCE HOME REOPENING
In order to secure the best placement for each child in foster care, the Division seeks to maintain a large pool of quality resource homes. For this reason, the Division will consider reopening resource homes when situations arise where resource parents who previously self-elected to close their home or whose home was closed by the Division would like to reopen. Requirements vary depending on circumstances surrounding the resource home closure.
A reconsideration by the Resource Family Review Committee is required for any closed resource home that has any history of child maltreatment investigations involving the provider as an alleged offender, regardless of:
The reconsideration to reopen packet will be submitted to the Resource Family Review Committee via the Foster Care Manager who will present the request to the Committee for consideration. If a reconsideration to reopen packet is sent to the Resource Family Review Committee, the assumption is that local staff who submitted the packet are in support of the request. The Resource Family Review Committee will make review and make recommendations to the Division Director or designee regarding whether to reopen a resource home. The Division Director or designee will make the final decision regarding the request.
PROCEDURE VII-F1: Reopening a Resource Home
For former resource homes that have been closed and express interest in reopening, the Resource Worker will:
*The exception to this requirement is for a family who is eligible for the streamlined adoption process per Arkansas Code section 9-9-701. A family is eligible for the streamlined adoption process if the family has adopted a child from the Department and then chooses to adopt another child from the Department and DHS selects the family to be the adoptive parents of a child in DHS custody. An adoptive family is not eligible for the streamlined adoption process if more than five (5) years have passed since the adoptive family finalized the initial adoption. If a family qualifies for the streamlined adoption process or if there are questions regarding a family's eligibility for the streamlined adoption process, please consult with the local Office of Chief Counsel (OCC) attorney for additional information and next steps.
POLICY VII-G: ALTERNATE CARE FOR CHILDREN IN OUT-OF-HOME PLACEMENT
Alternate care for children in out-of-home placement may be used to assist resource parents when circumstances requiring supervision by an appropriate adult other than the resource parents exist. The Division also promotes the use of certain types of alternate care (e.g., normal age appropriate activities, interaction with a Resource Family Support System) among children and youth to foster normalcy in the lives of children and youth in out-of-home placements.
There are five (5) categories of alternate care:
Resource parents, contract placement providers, and any private provider with whom the Division maintains a Memorandum of Understanding (MOU) will uphold the reasonable and prudent parent standard in regard to children participating in age- and developmentally appropriate activities. The reasonable and prudent parent standard requires resource parents and other out-of-home placement providers to exercise careful and sensible consideration when determining whether an activity for a particular child will not only encourage the emotional and developmental growth of the child, but also maintain the health, safety, and best interests of the child.
The resource family or authorized official of a contract placement provider will:
Resource parents are responsible for monitoring extra-curricular activities to ensure a foster child does not become overwhelmed with too many activities. Children must have ample time in the resource home for relaxation, completion of daily household activities, completion of homework, and bonding with the resource family.
All contract placement providers as well as any private provider with whom the Division maintains an MOU will establish an on-site official who is authorized to apply the reasonable and prudent parent standard to ensure appropriate caregiver liability when approving an activity for a child in an out-of-home placement.
A caregiver is not liable for harm caused to a child who participates in an activity approved by the caregiver, provided the caregiver has acted in accordance with the reasonable and prudent parent standard. This paragraph may not be interpreted as removing or limiting any existing liability protection afforded by law.
The Division will provide information and skill-based training to resource parents, contract placement providers, and private providers with whom the Division maintains an MOU regarding how to apply the reasonable and prudent parent standard for the participation of a child in age and developmentally-appropriate activities. This training will include sharing knowledge and skill-based applications relating to the developmental stages of the cognitive, emotional, physical, and behavioral capacities of a child.
Resource parents, contract placement providers, and private providers will notify the child's FSW if the child will spend more than twenty-four (24) continuous hours outside the approved placement when participating in said activities.
Child care for children may also be provided as a part of an out-of-home placement case to provide assistance to foster parents for non-routine circumstances that relate to the retention or support of the resource home such as resource parent training. Child care provided for such purposes may be reimbursed by the Division.
Resource parents will exercise careful consideration when evaluating the character and competence of any household asked to serve as an RFSS member. RFSS members must be at least twenty-one (21) years of age. There is not a standard maximum age limit for RFSS members, but RFSS members must be physically, mentally, and emotionally capable of caring for children for up to seventy-two (72) hours. Adoptive parents may not be RFSS members unless they are related to the resource parent (i.e., parent or sibling to the resource parent). Resource parents may reimburse an RFSS member if they choose to do so. The Division will not reimburse RFSS members.
Members of a Resource Family Support System may transport children and care for children in the resource home or in the home of the RFSS member. However, an RFSS member will not provide care for more than seventy-two (72) continuous hours at one (1) time regardless of the location in which care is provided or regardless of which RFSS member is providing care. However, for extenuating circumstances only, the Area Director may approve for a child to stay with an RFSS member for more than seventy-two (72) hours, but no more than seven (7) days. To go beyond the seventy-two (72) hour timeframe requirement, a written request must be submitted to the Area Director explaining the reasons for the extension request. The Area Director must approve or deny the request in writing. The FSW will be notified when an RFSS member will provide care for more than twenty-four (24) continuous hours. RFSS members taking children out-ofstate for overnight trips are prohibited.
The Resource Family Support System will not be used in place of respite care or as an out-of-home placement. The number of children placed in an RFSS member household must meet all Minimum Licensing and DCFS Policy requirements.
All prospective RFSS members must be cleared through the Child Maltreatment Central Registry and a State Police Criminal Record Check. The Division will request any other state where the prospective RFSS member has resided in the preceding five (5) years to check its child abuse and neglect registry. The Division will provide documentation in the case record that the Child Maltreatment Central Registry and State Criminal Record Checks were received on the prospective RFSS member.
The Division will check the Traffic Violations Record for each potential RFSS member. The Arkansas State Vehicle Safety Program sets the maximum number of traffic violation points an RFSS member resource parent may be allowed.
Proposed RFSS members' background checks will be processed once the primary resource home with which the RFSS members are associated is approved and opened.
Documentation of at least one (1) visual inspection of the home for evaluation purposes is required of all prospective RFSS members.
If an Area Director approved extension exceeds fourteen (14) continuous days, the regular resource parents' board payment will be affected. If the child has stayed in any combination of RFSS or informal respite homes (i.e., outside of the regular resource home placement, the total amount of days within those alternate care types cannot exceed fourteen (14) consecutive days as board payment may be affected).
A stay in an informal respite home must be documented in the Division information system, but not as a separate/new placement. The number of children placed in an Informal Respite Home must meet all Minimum Licensing and DCFS Policy requirements.
Resource parents may reimburse an informal respite provider if they choose to do so. The Division will not reimburse an informal respite provider. The number of children placed in an Informal Respite Home must meet all Minimum Licensing and DCFS Policy requirements.
Formal respite care will be provided for no more than seven (7) days per three (3) month period. A stay with a Formal Respite Care provider must be documented in the Division information system, but not as a separate/new placement (provided it does not exceed the more than seven (7) days per three (3) month period).
Longer periods of formal respite care require approval from the Area Director. If an approved extension exceeds fourteen (14) consecutive days, the regular foster parents' board payment will be affected. If the child has stayed in any combination of RFSS or informal respite homes before a formal respite stay, the total amount of days within those alternate care types (i.e., outside the regular resource home placement) cannot exceed fourteen (14) consecutive days as board payment may be affected.
PROCEDURE VII-N1: When a Child is Reported Missing from an Out-of-Home Placement
After receiving notification of the child's disappearance by the placement provider, the primary Family Service Worker (FSW) caseworker will:
After receiving notification of the child's disappearance by the placement provider, the secondary FSW (if applicable) will:
After receiving notification of the child's disappearance by the placement provider, the Family Service Worker supervisor will:
APPENDIX 3: RESOURCE HOME RECORDS
Special divided folders will be used for the case records of resource homes. When a resource home is approved, the resource home record should include the items listed below. All documents should be filed in chronological order with the most current on top.
Front left:
* Approval or denial letter;
* CFS-475-A: Initial Approval Checklist for Resource Home Record;
* Verification of marriage or divorce, if applicable;
* All record checks;
* Results of the CFS-316: Child Maltreatment Central Registry Check for each applicable household member, all information received, and (in case of a report of violations) a summary of the face-to-face discussion, determination, and reasons for the determinations;
* CFS-341: Certification of Absence of Criminal Record, if children ten (10) through seventeen (17) years of age reside in the household;
* Results of the CFS-342: State Police Criminal Record Check for each applicable household member; all information received; and (in case of a report of violations) a summary of the face-to-face discussion, determination, and reasons for the determination:
* Results of the Federal Bureau of Investigation Criminal Background Check for each applicable household member; all information received; and (in case of a report of violations) a summary of the face-to-face discussion, determination, and reasons for the determinations; and o Results of the Arkansas State Vehicle Safety Program check for each resource parent and applicable teenage driver:
* Copy of driver's license for each applicable driver; and
* Documentation of current auto insurance.
* CFS-446: In-Home Consultation Visit Report;
* CFS-363: Resource Applicant Smoking Certification;
* CFS-404: General Medical Report;
* Current immunization records for all children in the home;
* Documentation of current rabies vaccinations for all household pets;
* CFS-409: Resource Family Preference Checklist;
* CFS-455: Request or Consent for Health Department Services, including Alternate
Compliance of Water Supply Agreement, when appropriate;
* CFS-484: Landlord Notification of Potential Tenant Foster Care Services, when appropriate;
* CFS-448: Privacy and Use of Surveillance in Resource Homes;
* Written approval from a fire department for an approved alternate escape route, when appropriate;
* Current floor plan;
* Documentation of homeowners or renters insurance and general liability insurance;
* Written approval from the owner of the home that the applicants may care for children in foster care, when appropriate;
* Three (3) completed, positive Structured Analysis Family Evaluation (SAFE) reference letters;
* SAFE Home Study Final Report and supporting documents(for example, SAFE Questionnaires I & II or Psychosocial Inventory);
* Alternative Compliance or policy waiver approval, if applicable;
* Current certification in Cardiopulmonary Resuscitation (CPR) and Standard First Aid;
* Summary with recommendations;
* CFS-462: Initial Resource Home Agreement;
* CFS-462-A: Resource Home Agreement Addendum on each child currently placed in the home;
* CFS-474: Provisional Resource Home Orientation Checklist (for provisional resource homes only);
* CFS-452: Provisional Resource Home Verification (for provisional resource homes only); and
* CFS-445: Agency Approved Tornado Plan.
Front Right:
* Placement history.
Center Left:
* CFS-475-B: Quarterly Monitoring Checklist for Resource Home; and any documentation gathered during the quarterly visit.
Center Right:
* Letter of Notification of Disposition of Reevaluation or of Closure;
* CFS-475-C: Reevaluation Checklist for Resource Home;
* Any documentation gathered during the reevaluation visit(for example, updated auto insurance or an updated CPR certificate);
* CFS-451: Resource Parent Reevaluation;
* Structured Analysis Family Evaluation (SAFE) Update Report;
* Documentation of fifteen (15) hours of continuing education;
* Documentation of quarterly emergency evacuation drills;
* CFS-475-G: Checklist for Resource Home Closure, when appropriate; and
* Reevaluation Summary or Closure Summary.
Back Left:
* CFS-475-D: Transfer of a Resource Home to Another County, when appropriate;
* CFS-475-E: Complaint Against Resource Family Other Than Maltreatment, when appropriate; and
* CFS-475-F: True Reports of Child Maltreatment Against Resource Family
Members, when appropriate.
Back Right:
* CFS-419: Resource Family Support System Information; and
* Current results of all applicable background checks for Resource Family Support System members.
APPENDIX 4: CASE RECORD ORDER FOR OUT-OF-HOME PLACEMENT CASES
The Family Service Worker shall maintain and organize the current case record on every child in foster care in their caseload. Policy I-E: Official Record Keeping & Access to Official Records states that a hard copy file of case information will be maintained for data outside of the Children's Reporting and Information System (CHRIS). Hard copy files will be created, if necessary, for case review. The following is the case record order for maintaining files on information outside of CHRIS. This case record order will also be used when hard copy files are created for case review.
Front Left: Legal Section
* Original Birth Certificate;
* Social Security Card SS-5;
* Affidavit (including protection plan and Team Decision Making (TDM), if applicable);
* Petitions;
* Emergency Order;
* Summons;
* Warning Orders;
* Adjudication Order;
* Six-Month Review Orders;
* Order Terminating Parental Rights and Granting to the Department of Human Services (DHS) the Power to Consent to Adoption;
* Court Reports (including attachments) for all hearings;
* Photograph of Child printed from the Children's Reporting and Information System (CHRIS); and
* Blue Face Sheet.
*rder the Terminating Parental Rights (if applicable) next to the top, followed by the most current court order, followed by all legal documents related to the court order (including without limitations: petitions, warning orders, and summons). Behind each court order, file all legal documents and court reports related to the order. Any additional information included is to be filed in chronological order (with the most current on top) behind the court reports. A blue face sheet should be on top of all records in this section and be readily visible when the file is open.
Front Right: Child and Adolescent Needs and Strengths (CANS) or Family Advocacy and Support Tool (FAST) Case Plans
* Any Family Strengths, Needs, and Risk Assessment (FSNRA) or Case Plans prior to CANS/FAST;
* Signatures of family members, stakeholders, and parties related to the case;
* CFS-6010: Case Plan signed by family members, stakeholders, and parties to the case; and
* Transitional Plan, if applicable.
*rder: filed in chronological order with the most current on top.
Center Left: Contacts
* Documentation of Efforts to Locate Family from Lexis Nexis search results;
* Handwritten Contact Sheets or home visiting forms signed by family members who were present during the visit;
* Handwritten Notes pertaining to the case, including phone messages; and
* Printed CHRIS Contacts (printed for IV-E Review only).
*rder: File in chronological order with the most current on top.
Center Right: Correspondence
* CFS-590: Invitation to Family Centered Meeting;
* Email verification of distribution of 590, CANS/FAST, Case Plans and Court Reports;
* Emails and Faxes;
* Incident Reports (use the Incident Reporting Information System link on DHS Share);
* Letters or Memos; and
* CFS-4000 or DHS-81: Release of Information.
*rder: Releases of Information should be grouped on the bottom. Other documents should be filed in chronological order with most current on top.
Back Left: Medical and Educational
* CFS-352: Medical, Dental, Vision, Hearing, and Psychological Episodic Form;
* CFS-366: Health Screening or Initial Physical;
* CFS-456: Birth Family Background;
* Comprehensive Assessment Report from the University of Arkansas for Medical Sciences (UAMS) or Programs of All-Inclusive Care for the Elderly (PACE);
* Drug Screens;
* CFS-364: Medication Logs;
* Placement Reports (such as Therapeutic Foster Care (TFC), Group Home, or Residential Care);
* Provider Reports (such as Parenting or Anger Management);
* Psychological Evaluations; and
* School Records (including without limitation report cards, Individualized Education Program (IEP), Educational Testing Reports, and Early Intervention Assessments).
*rder: Child's medical record on top; with the others intermixed with the most current on top.
Note: Educational records and reports for each age-appropriate child, not just children with special educational needs, shall be filed in the foster child's case record. Reports and records include, without limitation: report cards, and Individual Education Plans (IEPs).
Back Right: Forms and Financial
* CFS Numbered Forms (without specification for other filing instructions);
* CFS-334: Authorization for Billing (only for payments from child's trust account);
* Encumbrance and Service Referral Paperwork;
* Medicaid Application;
* Medical Bills;
* Medical Passport;
* Social Security Card Application; and
* Supervisory Review Forms.
*rder: Intermixed with most current on top.
APPENDIX 7: ALTERNATIVE COMPLIANCE AND POLICY WAIVER PROTOCOL
"Policy Waiver" is defined as a request to deviate from the Division of Children and Family Services (DCFS) policies and procedures. The DCFS Director or designee approves all policy waiver requests. The following circumstances require a policy waiver:
A. Any misdemeanor convictions, except for minor traffic violations;
B. Driving Under the Influence or Driving While Intoxicated;
C. Any issues that are not in compliance with DCFS Policy; and
D. Record of maltreatment:
However, any person found to have record of child maltreatment will not only be reviewed by the DCFS Director or designee, but the DCFS Director or designee will also notify and consult with the Child Welfare Agency Review Board via the Division of Child Care and Early Childhood Education (DCCECE) Placement and Residential Licensing Unit Manager as its designee, regarding the policy waiver and any corrective action associated with the policy waiver.
"Alternative Compliance" is defined as a request for approval from the Child Welfare Agency Review Board to allow a licensee to deviate from the letter of a regulation. The licensee must demonstrate substantial compliance with the intent of the regulation. This includes without limitation regulations governing criminal background checks and convictions for prohibited offenses.
Traffic violations, other than Driving Under the Influence (DUI) or Driving While Intoxicated (DWI), do not require a policy waiver or Alternative Compliance, as they are dealt with through the vehicle safety program. Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) are violations that require a Policy Waiver.
The standard protocol for requesting a policy waiver or an Alternative Compliance is the same, up until the point when the request is given to the DCFS Director or designee.
The protocol for standard policy waiver and Alternative Compliance requests are as follows:
The Family Service Worker will:
A. Determine if a policy waiver or Alternative Compliance will be requested, based on their professional judgment. Issues to take into consideration on criminal convictions and record of maltreatment include:
1) The nature and severity of the crime or maltreatment;
2) Consequences of the crime or maltreatment;
3) Frequency and duration of the crime or maltreatment and when the maltreatment occurred;
4) Relationship between the crime or maltreatment and the health, safety, and welfare of any individual; and
5) For maltreatment offenses listed on the Child Maltreatment Central Registry, whether the offender is eligible to request removal from the Child Maltreatment Central Registry Review Team.
B. If approval is recommended by the Family Service Worker Supervisor or designee, the Family Service Worker will request a policy waiver or an Alternative Compliance using the CFS-509-B: Request for Alternative Compliance or policy waiver, and will attach all appropriate supporting documentation, as applicable:
1) Three (3) personal references;
2) CFS-446: In-Home Consultation Visit Report;
3) Current home study, if one (1) has been completed;
4) Copy of the Child Maltreatment Central Registry Check, State Police Criminal Record Check, or Federal Bureau of Investigation Background Check resulting in a hit; and
5) The police report and any other reports regarding any criminal charges or convictions must also be attached as documentation when an Alternative Compliance is requested for an excluded criminal offense.
The Family Service Worker Supervisor or designee will:
A. Determine if the requested policy waiver or Alternative Compliance is appropriate for approval within:
1) Five (5) business days of receipt of the request for traditional applicants; or
2) Three (3) business days for relatives and fictive kin.
Issues to take into consideration include, as applicable:
a) The nature and severity of the crime or maltreatment;
b) Consequences of the crime or maltreatment;
c) Frequency and duration of the crime or maltreatment and when the maltreatment occurred;
d) Relationship between the crime or maltreatment and the health, safety, and welfare of any individual such as the:
i. Age and vulnerability of the crime victim;
ii. Harm suffered by the victim; and
iii. Similarity between the victim and the person served by a child welfare agency;
e) Time elapsed without a repeat of the same or similar event;
f) Documentation of successful completion of training or rehabilitation related to the incident; and g) Any other information that relates to the applicant's ability to care for children or that is deemed relevant.
B. If approved, the Family Service Worker Supervisor or designee will send it to the Area Director or designee.
C. If denied, the Family Service Worker Supervisor or designee will notify the Family Service Worker and the family.
The Area Director or designee will:
A. Determine if the requested policy waiver or Alternative Compliance is appropriate for approval based on the considerations previously outlined in this protocol within five (5) business days of receipt of the request for traditional applicants or three (3) business days for relatives and fictive kin.
1) If approved, the Area Director or designee will send it to the DCFS Director or designee.
2) If denied, the Area Director will return it to the Family Service Worker Supervisor or designee:
a) The Family Service Worker Supervisor will notify the Family Service Worker and the family.
At this point, the procedures for requesting a policy waiver differ from the procedures for requesting a Family Service Worker Alternative Compliance.
Policy Waivers
When a policy waiver has been requested, the DCFS Director or designee will, within three (3) business days of receipt of the request:
A. Deny any inappropriate request for a policy waiver and return it to the Area Director or designee; or
B. Approve an appropriate request for a policy waiver.
The DCFS Director's or designee's final decision will be conveyed to the Area Director or designee for appropriate action.
Alternative Compliance
When an Alternative Compliance has been requested, the DCFS Director or designee will:
A. Deny any inappropriate request for an Alternative Compliance and return it to the Area Director or designee within three (3) business days; or
B. Approve an appropriate request for an Alternative Compliance and notify the Area Director or designee and send it to the Placement and Residential Licensing Unit Manager or designee, all within in three (3) business days.
The Placement and Residential Licensing Unit Manager will:
A. Review the Alternative Compliance request to ensure all required documents are in the packet;
B. Request any missing documentation be submitted; and
C. If all required documentation is included in the Alternative Compliance packet, place the Alternative Compliance request on the agenda of the next scheduled meeting of the Child Welfare Agency Review Board.
The Family Service Worker who made the original request for an Alternative Compliance on behalf of the resource parent applicant or resource parent will:
A. Notify the resource parent applicant or resource parent of the Child Welfare Agency Review Board meeting at which their presence is required via CFS-510 sent by certified, restricted mail;
B. Prepare the resource parent applicant or resource parent for what to expect at the Child Welfare Agency Review Board meeting; and
C. Appear with the resource parent at the Child Welfare Agency Review Board meeting to answer questions.
The Child Welfare Agency Review Board will give final approval or denial of the request for the Alternative Compliance.
Temporary Alternative Compliance
In an effort to expedite the placement of a child with a safe and appropriate relative or fictive kin, and reduce the amount of trauma a child experiences when entering foster care, a temporary Alternative Compliance may be granted when attempting to place a child with a relative or fictive kin on a provisional basis. A temporary Alternative Compliance may be initiated by the Family Service Worker via phone or email but must go through the chain of command receiving approval from the Family Service Worker Supervisor or designee, the Area Director or designee, and the DCFS Director or designee.
If a temporary Alternative Compliance is approved by the Division of Children and Family Services (DCFS) Director or designee, the DCFS Director or designee will then notify the Placement and Residential Licensing Unit Manager or designee of the temporary Alternative Compliance approval. The Placement and Residential Licensing Unit Manager will place the temporary Alternative Compliance request on the next scheduled Child Welfare Agency and Review Board meeting agenda for review. The Family Service Worker will invite the resource parent applicant to that Child Welfare Agency and Review Board meeting via CFS-510.
The following crimes require an Alternative Compliance from the Child Welfare Agency and Review Board:
(A) Criminal attempt;
(B) Criminal complicity;
(C) Criminal conspiracy;
(D) Criminal solicitation;
(E) Assault in the first, second, or third degree;
(F) Aggravated assault;
(G) Aggravated assault on a family or household member;
(H) Battery in the first, second, or third degree;
(I) Breaking or entering;
(J) Burglary;
(K) Coercion;
(L) Computer crimes against minors;
(M) Contributing to the delinquency of a juvenile;
(N) Contributing to the delinquency of a minor;
(O) Criminal impersonation;
(P) Criminal use of a prohibited weapon;
(Q) Communicating a death threat concerning a school employee or student;
(R) Domestic battery in the first, second, or third degree;
(S) Employing or consenting to the use of a child in a sexual performance;
(T) Endangering the welfare of a minor in the first or second degree;
(U) Endangering the welfare of an incompetent person in the second degree;
(V) Engaging children in sexually explicit conduct for use in visual or print media;
(W) False imprisonment in the first or second degree;
(X) Felony abuse of an endangered or impaired person;
(Y) Felony interference with a law enforcement officer;
(Z) Felony violation of the Uniform Controlled Substance Act;
(A)(A) Financial identity fraud;
(B)(B) Forgery;
(C)(C) Incest;
(D)(D) Interference with court ordered custody;
(E)(E) Interference with visitation;
(F)(F) Introduction of controlled substance into the body of another person;
(G)(G) Manslaughter;
(H)(H) Negligent homicide;
(I)(I) Obscene performance at a live public show;
(J)(J) Offense of cruelty to animals;
(K) (K) Offense of aggravated cruelty to dog, cat, or horse;
(L)(L) Pandering or possessing visual or print medium depicting sexually explicit conduct involving a child;
(M)(M) Sexual solicitation;
(N)(N) Permanent detention or restraint;
(O)(O) Permitting abuse of a minor;
(P)(P) Producing, directing, or promoting a sexual performance by a child;
(Q)(Q) Promoting obscene materials;
(R)(R) Promoting obscene performance;
(S)(S) Promoting prostitution in the first, second, or third degree;
(T)(T) Prostitution;
(U)(U) Public display of obscenity;
(V)(V) Resisting arrest;
(W)(W) Robbery;
(X)(X) Aggravated robbery;
(Y)(Y) Sexual offenses;
(Z)(Z) Simultaneous possession of drugs and firearms;
(A)(A)(A) Soliciting money or property from incompetents;
(B)(B)(B) Stalking;
(C)(C)(C) Terroristic act;
(D)(D)(D) Terroristic threatening;
(E)(E)(E) Theft of public benefits;
(F)(F)(F) Theft by receiving;
(G)(G)(G) Theft of property;
(H)(H)(H) Theft of services;
(I)(I)(I) Transportation of minors for prohibited sexual conduct;
(J)(J)(J) Unlawful discharge of a firearm from a vehicle; and
(K)(K)(K) Voyeurism.
An Alternative Compliance may not be requested by any individual who has pleaded guilty or nolo contendere to or has been found guilty of any of the following offenses, as they are permanently disqualified from being a resource parent per A.C.A. § 9-28-409(e)(1):
A. Felony abuse of an endangered or impaired person;
B. Arson;
C. Capital murder;
D. Endangering the welfare of an incompetent person in the first degree;
E. Kidnapping;
F. Murder in the first or second degree;
G. Rape; or
H. Sexual assault in the first or second degree.
An Alternative Compliance may not be requested by any prospective resource parent with a felony conviction for the following offenses, as no foster child in the Department of Human Services' (DHS') custody may be placed in such an individual's home:
A. Child abuse or neglect;
B. Spousal abuse or domestic battery;
C. A crime against children, including child pornography; or
D. A crime involving violence (including rape, sexual assault, or homicide) but not including other physical assault or battery.
A prospective resource parent may request an Alternative Compliance for a felony conviction for physical assault, battery, or a drug-related offense if the offense was not committed within the past five (5) years.
Any conviction requiring an Alternative Compliance that has been expunged or sealed must be reviewed by the Child Welfare Agency and Review Board.
A Placement and Residential Licensing Unit Licensing Specialist will monitor DCFS for continued compliance with standards and issue a corrective action notice if any deficiencies are found. The notice will state the agreement regarding the corrective action and a reasonable time frame for the violation to be corrected.
APPENDIX 6: SAFEGUARDS FOR CHILD VICTIMS TESTIFYING IN JUDICIAL AND ADMINISTRATIVE PROCEEDINGS
To facilitate testimony that is fair and accurate, the following safeguards should be implemented or used:
A. The prosecuting attorney, victim-witness coordinator, attorney ad litem, or Office of Chief Counsel attorney shall inform the child about the nature of the judicial or administrative proceeding in age-appropriate language;
B. The prosecuting attorney, victim-witness coordinator, attorney ad litem, or Office of Chief Counsel attorney shall explain:
1) The meaning of the oath that the child will take; and
2) The judge's decision about whether the child understands the issues well enough and has the capacity to provide meaningful testimony;
C. The prosecuting attorney, victim-witness coordinator, attorney ad litem, or Office of Chief Counsel attorney shall explain to the child that if the child does not understand a question while testifying in the judicial proceeding or administrative proceeding, the child has a right to say that they do not understand the question;
D. The prosecuting attorney, attorney ad litem, or Office of Chief Counsel attorney may file a motion to have the child testify at a time of day when the child is most alert and best able to understand questions posed in court;
E. If it is in the child's best interest, the prosecuting attorney, attorney ad litem, or Office of Chief Counsel attorney may file a motion for the child to have a comfort item (for example, a favorite toy or a transitional blanket) when testifying in a judicial or administrative proceeding;
F. If it is in the child's best interest, the prosecuting attorney, victim-witness coordinator, attorney ad litem, or Office of Chief Counsel attorney may file a motion for the child to have a support person present when the child testifies in a judicial or administrative proceeding; and
G. The prosecuting attorney, attorney ad litem, or Office of Chief Counsel attorney shall consider the effect upon the child when the child is subjected to argumentative or harassing questions and shall make the proper objections, when appropriate, to ensure the child is not subjected to argumentative or harassing questioning.
APPENDIX 8: ARKANSAS HEALTH AND SAFETY FACTORS
1) Caretaker's behavior towards the child is violent or out of control.
2) Caretaker describes or acts towards the child in predominantly negative terms or has extremely unrealistic expectations of the child.
3) Caretaker caused serious physical injury to the child or made a plausible threat to cause severe physical injury to the child.
4) Caretaker's explanation for the child's injury is unconvincing.
5) The family refuses access to the child, there is reason to believe that the family is about to flee, or the child's whereabouts cannot be ascertained.
6) Caretaker has not, cannot, or will not provide supervision necessary to protect the child from potentially dangerous harm.
7) Caretaker is unwilling or unable to meet the child's needs for food, clothing, shelter, or medical or mental health care.
8) Child is fearful of the caretaker, other family members, or other people living in or having access to the home.
9) Child's physical living conditions are hazardous and immediately threatening, based on the child's age and developmental status.
10) Child sexual abuse is suspected, and circumstances suggest that the child's safety may be an immediate concern.
11) Caretaker's current substance use seriously affects their ability to supervise, protect, or care for the child.
12) Caretaker fails to protect the child from serious physical or threatened harm.
13) Caretaker's emotional stability seriously affects current ability to supervise, protect, or care for the child.
14) Caretaker has previously maltreated a child, and the severity of the maltreatment or the caretaker's response to the previous incidents suggest that the child's safety may be an immediate concern.
016.15.22 Ark. Code R. 003