Ark. Code § 9-28-903

Current with legislation from 2024 effective through May 3, 2024.

Section 9-28-903 - Foster parent support

Foster parents should be supported in the following manner:

(1) Treated by the Division of Children and Family Services and other partners in the care of abused and neglected children with consideration, dignity, respect, and trust as a primary caregiver for foster children, including respect for the family values and routines of the foster parent;

(2) Considered to be an integral member of the professional team caring for children in foster care;

(3) Confidentiality regarding personal issues as provided by law and to be free from discrimination based on religion, race, color, creed, national origin, age, marital status, or physical handicap in matters concerning licensing approval;

(4)

(A) Provided training that will enhance the skills and ability to cope as foster parents.

(B) The training shall include both standardized pre-service training and continuing education at least annually and at appropriate intervals, including without limitation the following purposes:

(i) To meet mutually assessed needs of the children in foster care;

(ii) To inform foster parents of their responsibilities and opportunities as foster parents;

(iii) To assist in the understanding of and dealing with family loss and separation when a child in foster care is placed, as well as when a foster child leaves the foster parent's home;

(iv) To be informed of and have access to in a timely manner and at least annually any changes in applicable laws, guidelines, policies, and procedures that may impact the role of foster parents;

(v) To receive specific training on investigations of alleged child abuse or neglect in a foster home. The training shall include the rights of a foster parent during an investigation; and

(vi) To receive information about and have access to local and statewide support groups, including without limitation local and statewide foster parent associations;

(5) Provided contact information for the appropriate staff of the child placement agency in order to receive information and assistance to access supportive services for children in the foster parent's care;

(6) Granted access to services from the Division of Children and Family Services/Child Placement Agency twenty-four (24) hours a day, seven (7) days a week for assistance;

(7) Provided all information regarding the foster child that will impact the foster parent's home or family life in order to provide assurance of safety of the foster parent's family during the care of the child in foster care;

(8) Provided full disclosure of all medical, psychological, and behavioral issues of children in the foster parent's care;

(9)

(A) Informed prior to placement of all information regarding the child's behavior, background, health history, or other issues relative to the child that may jeopardize the health and safety of the foster family or alter the manner in which foster care should be provided.

(B) In an emergency situation, the child placement agency shall provide information as soon as it is available;

(10) Prior to placement, enabled to review and discuss written information concerning the child and to assist in determining if the child is a proper placement for the foster family;

(11) The ability to refuse placement of a child in the foster home or to request, upon reasonable notice, the removal of a child from the foster home without fear of reprisal or any adverse effect on being assigned any future foster child or adoptive placements;

(12) Receipt of any information through the Division of Children and Family Services/Child Placement Agency regarding the number of times a child in foster care has been moved and the reasons for those moves and, upon request and within legal guidelines or as provided by statute, to receive the names and phone numbers of the previous foster parents if the previous foster parents authorize such release;

(13) Provided a clear, written explanation of the placement agency's plan concerning the placement of a child in the foster parent's home and to receive at any time during the placement any additional or necessary information that is relevant to the case of the child, including any subsequent revisions to the case plan on a timely basis;

(14)

(A) Permitted meaningful participation in the development of the case plan for the child in foster care in his or her home.

(B) To accomplish this goal, the foster parents shall have:

(i) The opportunity to discuss the plan of the child in foster care with the case manager and the child welfare team and be provided with a written copy of the individual service and treatment plan concerning the child in foster care in the foster parent's home, as well as a reasonable notification of any changes to that plan;

(ii) The opportunity to participate in the planning of family time with the child in foster care and his or her birth family;

(iii) The opportunity to participate in the case planning and decision-making process with the Division of Children and Family Services/Child Placement Agency regarding the child in foster care;

(iv) The opportunity to provide input concerning the plan of care for the child and to have that input considered by the Division of Children and Family Services/Child Placement Agency;

(v) The opportunity to communicate for the purpose of participating in the case planning for the child in foster care with other professionals who work with the child in foster care within the context of the professional team, including without limitation therapists, physicians, and teachers;

(vi) The opportunity to be notified of all scheduled meetings and staffings concerning the child in foster care in order to actively participate in the case planning and decision-making process regarding the child in foster care, including individual service planning meetings, administrative case reviews, multidisciplinary staffings, and individual educational planning meetings;

(vii) The opportunity to be given, in a timely and consistent manner, any information a caseworker has regarding the child in foster care and the family of the child in foster care that is pertinent to the care and needs of the child in foster care and to the making of a permanency plan for the child in foster care; and

(viii) The opportunity to be given reasonable explanatory written notice of any changes in a case plan for the child in foster care, plans to terminate the placement of the child with the foster parent within fourteen (14) days, and the reasons for the change or termination in placement except in an immediate response to a child maltreatment investigation involving the foster home. The notice shall be waived only as provided for by law;

(15) Afforded the opportunity to be notified in advance by the division or the court of any hearing or review in which the case plan or permanency of the child in foster care is an issue, including periodic reviews held by the court, permanency hearings, and motions to extend custody;

(16) Afforded the opportunity to be notified and to be heard during any court proceeding regarding the child in foster care in the foster parent's home and to be informed of decisions made by the courts or the child welfare agency concerning the child in foster care;

(17) Afforded the opportunity to be considered as a permanency option for a foster child in their home and if in the best interest of the foster child, and to receive assistance in dealing with family loss and separation when a child in foster care leaves the foster parent's home;

(18) Granted the following considerations:

(A) Consideration when appropriate, as a preferential placement option when a child in foster care who was formerly placed with the foster parents has reentered the foster care system;

(B) Consideration for adoption when a child in foster care who has been placed in the foster home for a period of at least twelve (12) months becomes eligible for adoption to the extent it is in the best interest of the child in foster care; and

(C) Allowed to maintain contact with the child in foster care after the child leaves the foster home, unless the child in foster care, a birth parent, the division who retains custody of the child in foster care, or other foster or adoptive parent refuses such contact;

(19) Provided with a reasonable plan for relief from the role of foster parenting through the use of respite care services;

(20) Provided timely and adequate financial reimbursement according to the agreement between the foster parents and the Division of Children and Family Services/Child Placement Agency;

(21) Provided evaluation and feedback on his or her role as a foster parent;

(22) In the event of an alleged violation of policies, given the opportunity:

(A) To request and receive a fair and impartial review regarding decisions that affect approval and retention or placement of a foster child in the foster parent's home;

(B) To be provided a fair, timely, and impartial investigation of complaints concerning the operation of the foster home;

(C) To be provided an explanation of a corrective action plan or policy violation relating to the foster parents;

(D) To have child maltreatment allegations investigated in accordance with the Child Maltreatment Act, § 12-18-101 et seq. and any removal of a child in foster care shall be pursuant to division policies and procedures; and

(E) To request and receive a review of decisions that affect approval of the foster home; and

(23) Provided information on policies and procedures for reporting of misconduct by division employees, service providers, or contractors, confidential handling of the reports, and investigation of the reports.

Ark. Code § 9-28-903

Amended by Act 2023, No. 363,§ 28, eff. 8/1/2023.

Acts 2007, No. 725, § 1; 2009, No. 758, § 17