Arkansas Administrative Code

9 CAR § 31-1011. Grounds. (a) The grounds of the facility shall be kept clean and free of safety hazards. (b) The facility shall provide sufficient outdoor recreation space for age-appropriate physical activities. (c) Swimming pools shall be inspected and approved annually by the…

9 CAR § 31-1012. Buildings. (a) No facility shall be located in: (1) A shopping center; (2) A strip mall; or (3) Any other buildings that are used for commercial activity. (b) Unused or vacant portions of a facility shall not be rented, leased, loaned, or otherwise occupied by an…

9 CAR § 31-1013. Bathrooms. (a) The facility shall provide bathrooms for the children. (b) There shall be a separate toilet, bathtub or shower, and sink for every six (6) children. (c) There shall be an adequate supply of hot and cold running water. (d) The bathroom shall be clea…

9 CAR § 31-1014. Sleeping arrangements. (a) The facility shall provide bedrooms for the children. (b) There shall be no more than four (4) children per bedroom. (c) There shall be at least fifty square feet (50 sq. ft.) of floor space per child in each bedroom. (d) No child shall…

9 CAR § 31-1015. Safety. (a) The facility shall have an operable telephone or comparable communication system. (b)(1) The facility shall have a continuous supply of clean drinking water. (2) If the water source is not a municipal system, the source shall be approved by the Depart…

9 CAR § 31-1016. Transportation. (a) The facility shall have agency-procured transportation that is available at all times. (b) The facility vehicle or vehicles shall not be used for personal use unless other facility transportation is not available. (c) Any vehicle used to trans…

9 CAR § 31-1017. Discharge. (a) The discharge shall be planned by agency staff that includes custodian and child involvement and participation. (b) The agency may discharge a child on an emergency basis if failure to do so could result in: (1) Harm to the child; (2) Harm to other…

9 CAR § 31-102. Child Welfare Agency Review Board. (a) The Child Welfare Agency Review Board shall promulgate and publish rules setting minimum standards governing the granting, revocation, refusal, conversion, and suspension of licenses for: (1) A child welfare agency; and (2) T…

9 CAR § 31-103. Residential agencies requiring licenses. Any person, organization, corporation, partnership, voluntary association, or other entity that provides care, training, education, custody, supervision for a total of six (6) or more unrelated minors on a twenty-four-hour …

9 CAR § 31-104. Residential types of licenses. (a) Emergency residential childcare facility. (1) “Emergency residential childcare facility” means any child welfare agency that provides twenty-four-hour custodial care for six (6) or more unrelated children or a child victim of hum…

9 CAR § 31-105. License status. (a) Child Welfare Agency Review Board duties. (1) The Child Welfare Agency Review Board shall issue all licenses to child welfare agencies upon a majority vote of members present during each properly called board meeting at which a quorum is presen…

9 CAR § 31-106. Status change. (a) After a Child Welfare Agency Review Board action, an amended license shall be issued any time there is: (1) A change in the agency’s program that affects the license type, status, capacity, or ages of children served; (2) A name change; or (3) A…

9 CAR § 31-107. How to apply the standards. (a)(1) 9 CAR § 31-201 et seq. applies to all agencies. (2) Subsequent subparts apply to specific types of residential agencies. (3) The agency shall meet the license requirements of its agency category. (b) Special consideration. (1) Th…

9 CAR § 31-1101. Generally. In addition to all standards in 9 CAR § 31-201 et seq., the following standards shall be met.

9 CAR § 31-1102. Licensing approval and monitoring. (a)(1) At the discretion of the Child Welfare Agency Licensing Unit, a multidisciplinary team may be asked to assist the licensing specialist in the initial study or during an investigation of a licensing complaint. (2) This tea…

9 CAR § 31-1103. Admission. (a) The agency shall have written policies regarding description of the target population and admission, exclusion, and discharge criteria. (b) The facility shall not admit any child for whom the facility cannot provide adequate care. (c) In order to b…

9 CAR § 31-1104. Assessment and treatment planning. (a)(1) A plan of safe care shall be developed for all children with physical limitations, medical conditions, or behaviors that are indicative of harm to self or others, including without limitation: (A) Arson; (B) Physical aggr…

9 CAR § 31-1105. Children’s records. (a) The agency shall keep a confidential case record for each child that includes the following: (1) Demographic information; (2) Plan of safe care, if applicable; (3) A complete intake; (4) Consents, including consent for medical care and aut…

9 CAR § 31-1106. Behavior management. (a) The agency shall have a written discipline policy that is consistently followed. (b) Discipline shall be directed toward teaching the child acceptable behavior and self-control. (c) Discipline shall be appropriate to the child’s: (1) Age;…

9 CAR § 31-1107. Personnel. The agency shall have: (1) A clinical director who has: (A) At least a master’s degree in a human service field; (B) A current license in Arkansas as a mental health professional, as recognized by Arkansas Medicaid; (C) No fewer than forty (40) hours o…

9 CAR § 31-1108. Ratio and supervision. (a) The facility shall not exceed its total licensed capacity. (b) Childcare staff shall be responsible for providing the level of supervision, care, and treatment that is necessary to ensure the safety and well-being of each child at the f…

9 CAR § 31-1109. Health and medical care. (a)(1) Each child shall have a medical exam at least annually. (2) Health exams need not be repeated during the year if a child moves from one (1) facility or agency to another, provided that the results of the exam are available to the r…

9 CAR § 31-1110. Program. (a) The facility shall ensure that each child receives education in accordance with applicable state law. (b) The facility shall: (1) Teach each child the daily living tasks required as a part of living in a group setting; and (2) Assign only light chore…

9 CAR § 31-1111. Grounds. (a) The grounds of the facility shall be kept clean and free of safety hazards. (b) The facility shall provide sufficient outdoor recreation space for age-appropriate physical activities. (c) Swimming pools shall be inspected and approved annually by the…

9 CAR § 31-1112. Buildings. (a) A sexual rehabilitative program shall not be located within one thousand feet (1,000′) of: (1) An elementary school; (2) A childcare center; or (3) A childcare family home. (b) No facility shall be located in: (1) A shopping center; (2) A strip mal…

9 CAR § 31-1113. Bathrooms. (a) The facility shall provide bathrooms for the children. (b) There shall be a separate toilet, bathtub or shower, and sink for every six (6) children. (c) There shall be an adequate supply of hot and cold running water. (d) The bathroom shall be clea…

9 CAR § 31-1114. Sleeping arrangements. (a) The facility shall provide bedrooms for the children. (b)(1) Children shall be placed in individual bedrooms unless each child’s treatment plan specifically approves the sharing of a bedroom. (2) If children are approved to share a bedr…

9 CAR § 31-1115. Safety. (a) The facility shall have an operable telephone or comparable communication system. (b)(1) The facility shall have a continuous supply of clean drinking water. (2) If the water source is not a municipal system, the source shall be approved annually by t…

9 CAR § 31-1116. Transportation. (a) The facility shall have agency-procured transportation that is available at all times. (b) The facility vehicle or vehicles shall not be used for personal use unless other facility transportation is not available. (c) Any vehicle used to trans…

9 CAR § 31-1117. Discharge. (a) The discharge shall be planned by agency staff. (b) The agency may discharge a child on an emergency basis if failure to do so could result in: (1) Harm to the child; (2) Harm to other persons; or (3) Significant property damage. (c) A child shall …

9 CAR § 31-201. Applicable standards. The standards in this subpart apply to all agencies unless otherwise indicated.

9 CAR § 31-202. Applications and licensing procedure. (a) The owner or board shall prepare and furnish an application packet for a license that contains the following: (1) A completed application form; (2) A letter from the agency’s board or owner, as applicable, authorizing a pe…

9 CAR § 31-203. Organization and administration. (a) The agency shall obtain a license before receiving: (1) Six (6) or more children who are unrelated to the caregiver for care on a twenty-four-hour basis; or (2) A child victim of human trafficking in any type of shelter or faci…

9 CAR § 31-204. Child Maltreatment Central Registry and criminal record check. (a)(1) The agency shall conduct background checks, as required by Arkansas Code § 9-28-409 of the Child Welfare Agency Licensing Act, Arkansas Code § 9-28-401 et seq., using forms approved by the Child…

9 CAR § 31-205. General personnel requirements. All personnel employed on or after April 12, 1999, shall meet the following requirements: (1) The agency, unless it is a psychiatric residential treatment facility, shall have an administrator who shall be responsible for the genera…

9 CAR § 31-206. Staff qualifications and training. (a) Childcare staff shall: (1) Be at least twenty-one (21) years of age; and (2) Have a high school diploma or the equivalent. (b) Assistant childcare staff shall be at least nineteen (19) years of age, have a high school diploma…

9 CAR § 31-207. Sponsors, mentors, volunteers, and student interns. (a) The agency shall have a policy clearly defining the qualifications, duties, and supervision of: (1) Sponsors; (2) Mentors; and (3) Volunteers. (b)(1) A sponsor is a nonrelative person approved to take a child…

9 CAR § 31-208. Exploitation of children. (a) The agency shall not require a child to: (1) Acknowledge: (A) Dependency; (B) Destitution; or (C) Neglect; or (2) Make public statements about their background. (b) The agency shall not use, or allow to be used, any reports, pictures,…

9 CAR § 31-209. Ethical standards. (a) The Child Welfare Agency Review Board sets forth this section as a code of ethics and standards for practice for all child welfare agencies within the State of Arkansas. (b) Violations of the following shall be grounds for disciplinary actio…

9 CAR § 31-210. Unprofessional conduct. Unprofessional conduct in the practice of child welfare activities shall include without limitation: (1) Permitting, aiding, or abetting an unlicensed person in performing activities that require a professional license; (2) Misrepresenting …

9 CAR § 31-211. Inspections, investigations, and corrective action. (a) The licensing specialist shall conduct inspections to ensure continued compliance with licensing standards. (b) The licensing specialist: (1) Shall investigate complaints of alleged violation of licensing sta…

9 CAR § 31-301. Applicable standards. (a) In addition to all standards in 9 CAR § 31-201 et seq., the following standards shall be met. (b) Facilities holding an emergency residential facility license provide residential care on an emergency basis for up to ninety (90) days.…

9 CAR § 31-302. Admission. (a) The agency shall establish written criteria for admitting as well as excluding children. (b) The facility shall not admit any child for whom the facility cannot provide adequate care. (c) Each child shall have a: (1) Medical examination no more than…

9 CAR § 31-303. Assessment and case planning. (a) The agency shall assign a caseworker to each child who is responsible for doing: (1) Assessments; (2) Case planning; and (3) Casework services. (b)(1) A plan of safe care shall be developed for all children with: (A) Physical limi…

9 CAR § 31-304. Children's records. (a) The agency shall keep a confidential case record for each child that includes the following: (1) Demographic information; (2) Plan of safe care, if applicable; (3) A complete intake; (4) Consents, including consent for medical care and auth…

9 CAR § 31-305. Behavior management. (a) The agency shall have a written discipline policy that is consistently followed. (b) Discipline shall be directed toward teaching the child acceptable behavior and self-control. (c) Discipline shall be appropriate to the child’s: (1) Age; …

9 CAR § 31-306. Ratio and supervision. (a) The facility shall not exceed its total licensed capacity. (b)(1) There shall be a staff-to-child ratio of at least: (A) One to nine (1:9) during waking hours; and (B) One to twelve (1:12) during sleeping hours. (2) Staff members’ childr…