Arkansas Administrative Code

9 CAR § 31-615. 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 b…

9 CAR § 31-701. Generally. (a) In addition to all standards in 9 CAR § 31-201 et seq., the following standards shall be met. (b) Agencies holding an independent living license shall provide residential care while preparing the residents, sixteen (16) years of age and older, for l…

9 CAR § 31-702. Agency responsibilities. The agency shall have written policies and procedures specific to the program, which shall include: (1) Written rules of conduct; (2) A plan for reduced supervision; (3) Transportation for residents; (4) Outside employment for residents; (…

9 CAR § 31-703. Admission. (a) The agency shall establish written criteria for admitting and 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 exam no more than one (1) year …

9 CAR § 31-704. Eligibility requirements. For a child to be eligible for placement into the independent living program, the agency shall document: (1) An evaluation by the caseworker to determine that placement into the independent living program does not present a health or safe…

9 CAR § 31-705. 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 physical limitati…

9 CAR § 31-706. Children's records. (a) The agency shall keep a confidential case record for each child that includes the following: (1) Demographic information; (2) A plan of safe care, if applicable; (3) A complete intake; (4) Consents, including consent for medical care and au…

9 CAR § 31-707. 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 § 31-708. 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…

9 CAR § 31-709. 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 an initial facility or agency to another, provided the results of the exam are available to the rece…

9 CAR § 31-710. Program. (a) The facility shall ensure that each child receives education in accordance with the Department of Education. (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…

9 CAR § 31-711. 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 § 31-712. Buildings. (a) No facility shall be located in: (1) A shopping center; (2) A strip mall; or (3) Other buildings used for commercial activity. (b) Unused or vacant portions of a facility shall not be rented, leased, loaned, or otherwise occupied by any commercial o…

9 CAR § 31-713. 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 clean…

9 CAR § 31-714. 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 § 31-715. 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 Departm…

9 CAR § 31-716. Transportation. (a) The facility shall have agency-procured transportation 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 transport chil…

9 CAR § 31-717. 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 others; or (3) Significant property damage. (c) A child shall be disch…

9 CAR § 31-801. Generally. (a) In addition to all standards in 9 CAR § 31-201 et seq., the following standards shall be met. (b) Agencies holding an independent living family style care license shall provide residential care in a homelike setting while preparing the residents, si…

9 CAR § 31-802. Agency responsibilities. The agency shall have written policies and procedures specific to the program, which shall include: (1) Written rules of conduct; (2) A plan for reduced supervision; (3) Transportation for residents; (4) Outside employment for residents; (…

9 CAR § 31-803. Admission. (a) The agency shall establish written criteria for admitting and 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 exam no more than one (1) year …

9 CAR § 31-804. Eligibility requirements. For a child to be eligible for placement into the independent living program, the agency shall document: (1) An evaluation by the caseworker to determine that placement into the independent living program does not present a health or safe…

9 CAR § 31-805. 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 physical limitatio…

9 CAR § 31-806. 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 § 31-807. 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 § 31-808. Ratio and supervision. (a) The facility shall use a house parent staffing model. (b) The facility shall not exceed its total licensed capacity. (c) The facility shall have no more than eight (8) children in each unit, including the house parent’s children. (d)(1) …

9 CAR § 31-809. 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 the results of the exam are available to the receivi…

9 CAR § 31-810. Program. (a) The facility shall ensure that each child receives education in accordance with the Department of Education. (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…

9 CAR § 31-811. 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 § 31-812. Buildings. (a)(1) The building shall be a single-style dwelling, such as a: (A) House; (B) Cottage; or (C) Duplex in which the facility occupies both units. (2) Multiple units may be located on campus. (b) The building shall house only the independent living famil…

9 CAR § 31-813. 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 clean…

9 CAR § 31-814. 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 § 31-815. 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 Departm…

9 CAR § 31-816. Transportation. (a) The facility shall have agency-procured transportation available at all times. (b) The facility vehicle or vehicles shall not be used for personal use unless other facility transportation is available. (c) Any vehicle used to transport children…

9 CAR § 31-817. 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 b…

9 CAR § 31-901. Generally. (a) In addition to all standards in 9 CAR § 31-201 et seq., the following standards shall be met. (b) Agencies holding a transitional living license will provide a continuum of care for youth who have turned eighteen (18) years of age while in a license…

9 CAR § 31-902. Agency responsibilities. (a) The agency’s written policies and procedures, specific to the transitional living program, shall include: (1) Written rules of conduct and potential consequences for rule violations; (2) Transportation for residents; and (3) Medication…

9 CAR § 31-903. Eligibility requirements. Eligibility for placement into the transitional living program includes: (1) An evaluation by the caseworker or administrative staff to determine that placement into the transitional living program does not present a health or safety risk…

9 CAR § 31-904. Living unit — Health and safety. (a)(1) Each living unit shall have a bathroom, kitchen, and other standard features for living independently. (2) Any exceptions, for example, laundry arrangements, shall be noted in the case plan or accompanying documentation. (b)…

9 CAR § 40-1001. Internal review and administrative hearing process. (a) Determination of certain adverse actions as defined below shall be subject to an internal review process. (b) Decisions made by the Director of the Division of Children and Family Services regarding an inter…

9 CAR § 40-1002. Internal review of adverse action. (a) The internal review process is as follows: (1) The individual who is the subject of an adverse action may request verbally or in writing an internal review from the appropriate manager or administrator; (2) The manager or ad…

9 CAR § 40-1003. Appeals and hearings of unfavorable decisions. (a)(1) Certain unfavorable decisions may be appealed through the appeals and hearings process. (2) Actions which may be appealed are: (A) True child maltreatment determinations; (B) Denials of adoption subsidies; and…

9 CAR § 40-1004. Appeals and hearings of true child maltreatment decisions. (a)(1) The Appeals and Hearings Section will notify the Division of Children and Family Services that an appeal has been filed. (2) The Division of Children and Family Services investigator responsible fo…

9 CAR § 40-1005. Regular administrative hearing process. (a)(1) A Hearing Officer from the Appeals and Hearings Section will conduct the hearing in an informal but orderly manner. (2) The Hearing Officer will explain the hearing procedure. (b) The petitioner may be accompanied by…

9 CAR § 40-1006. Expedited hearing process. (a)(1) If the alleged offender requests a hearing, the Division of Children and Family Services may then request an expedited hearing if: (A) The alleged offender is engaged in child-related activities or employment or is employed or a …

9 CAR § 40-1007. Preliminary administrative hearing. (a) If the Division of Children and Family Services is unable to notify the alleged offender of the investigation determination, the Area Director may request a preliminary hearing using the CFS 232-T PH to allow provisional pl…

9 CAR § 40-1008. Investigative file for the administrative hearing. (a) The file prepared for the hearing will contain all information obtained during the course of the investigation. (b)(1) The office that prepares the investigative file will present evidence to support the deci…