Arkansas Administrative Code

9 CAR § 40-727. Procedure — Case review judicial hearings for children in out-of-home placements. (a) The Family Service Worker will: (1) Receive the confirmed court date from the Office of Chief Counsel attorney; (2) Provide the Office of Chief Counsel attorney with the name and…

9 CAR § 40-728. Interstate compact on the placement of children. (a)(1) The Interstate Compact on the Placement of Children (ICPC), Arkansas Code § 9-29-201 et seq., is used to move children in need of a foster or preadoptive placement, adoption across state lines, or reunificati…

9 CAR § 40-729. Responsibilities of the sending state. The sending party will: (1)(A) Provide proper notice of the intent to place using the ICPC-100A: ICPC Request and receive authorization from the receiving state prior to the placement. (B) The 100A must clearly indicate the D…

9 CAR § 40-730. Responsibilities of the receiving state. Within sixty (60) days after receiving a request for a home study from another state, the receiving state will directly or by contract: (1) Assess and monitor the placement to ensure compliance with applicable laws and poli…

9 CAR § 40-731. Placing Arkansas children in another state and requesting out-of-state home studies. (a)(1) The following are procedures to use when requesting an out-of-state home study for an Arkansas child, including placement into residential treatment facilities. (2) Always …

9 CAR § 40-732. Children entering Arkansas for placement. (a) Services to children should not begin without a completed home study packet, placement approval (ICPC-100A) from the receiving state’s ICPC office and receipt of placement notification (ICPC-100B) from the sending stat…

9 CAR § 40-733. Completion of home study packet. (a) The Area ICPC Liaison will: (1) Ensure the completion of a home study packet which includes: (A) CFS-316: Request for Child Maltreatment Central Registry Check; (B) CFS-342: Arkansas State Police Criminal Record Check; (C)(i) F…

9 CAR § 20-734. Routing of home study packet. (a)(1) ICPC-approved home study packets are valid for six (6) months from the date the ICPC Central Office signed the ICPC-100A. (2) The child must be placed within that six-month period. (b) The Arkansas ICPC Central Office (receivin…

9 CAR § 40-735. Follow-up, routing, and monitoring. The Family Service Worker in Arkansas will: (1)(A) Provide monthly supervision of the child. (B) Supervision must include face-to-face visits with the child at least once each month and beginning no later than thirty (30) days f…

9 CAR § 40-736. Travel procedures for children receiving out-of-home placement services. (a) When an Arkansas child in foster care has been approved to move into or out of Arkansas for a foster care or adoptive placement, or for reunification with parents, the Family Service Work…

9 CAR § 40-737. Travel not related to the Interstate Compact on the Placement of Children. (a)(1) Children in foster care may have the opportunity or need to travel for reasons not related to ICPC. (2) These may include but are not limited to: (A) Vacationing with their resource …

9 CAR § 40-738. Progress reports. The receiving state must: (1) Send quarterly progress reports every three (3) months unless otherwise stated on the ICPC-100A; (2) Mail progress reports to ICPC Central Office for forwarding to the sending state; and (3) Enter the progress report…

9 CAR § 40-739. Termination of ICPC cases. (a)(1) An interstate compact placement can only be terminated with the concurrence of the receiving state ICPC Office. (2) Reasons for terminating an ICPC placement include the following reasons: (A) Adoption finalized; (B) Child reaches…

9 CAR § 40-740. Exceptions to policy. (a) Items and services not specified in this policy must have prior approval of the Interstate Compact Administrator or Deputy Administrator. (b) The Family Service Worker/Area ICPC Liaison, with the approval of the Area Director, will: (1) W…

9 CAR § 40-741. Request for an Interstate Compact on the Placement of Children Priority Placement Regulation No. 7. (a) A priority placement is when a court, upon request or on its own motion, or where court approval is required, determines that a proposed priority placement of a…

9 CAR § 40-742. Juvenile, mental health, and adoption and medical assistance compacts. In addition to the ICPC, three (3) other interstate compacts were enacted to coordinate the interstate placements of children and juveniles as follows: (1)(A) The Interstate Compact for Juvenil…

9 CAR § 40-743. Interference with custody. (a) Interference with custody is committed when a person: (1) Knowingly and without lawful authority takes, entices, or keeps a minor away from any person entitled by court order or decree to the right of custody of the minor; (2) Accept…

9 CAR § 40-744. Interference with custody. The Family Service Worker will: (1)(A) Accompany the officer arresting an individual for interference with custody. (B) Take the minor into temporary Department of Human Services custody pending further proceedings from a court of compet…

9 CAR § 40-745. Trust accounts for children in foster care. (a)(1) The Department of Human Services, Division of Children and Family Services, maintains trust accounts for children in foster care who receive: (A) Supplemental Security Insurance (SSI); (B) Social Security Administ…

9 CAR § 40-746. Educational services for children in out-of-home placement. (a) Educational continuity and responsibilities. (1)(A) All decisions regarding the education of children in foster care will be based on the best interest of the individual child. (B) To ensure the conti…

9 CAR § 40-747. Educational services. (a) If the child is maintained in the same school after entry into foster care, then the Family Service Worker will: (1)(A) Complete the CFS-362: Medi-Alert immediately when a child is removed and placed out of the home of the parent or legal…

9 CAR § 40-748. Special education needs service delivery process. Service delivery process: (1)(A) The FSW will enroll the child in school and provide the school with copies of any documents that would assist in the child’s educational program. (B) Provide the University of Arkan…

9 CAR § 40-749. Mental health services for children in foster care. (a)(1) The Division of Children and Family Services is dedicated to ensuring that all children in foster care receive a full range of healthcare services including mental health services (assessment and treatment…

9 CAR § 40-750. Outpatient mental health services. (a) The Family Service Worker will: (1) Refer all children three (3) years of age to eighteen (18) years of age to a CMHC for a mental health assessment and services as indicated, within five (5) days of their entry into foster c…

9 CAR § 40-751. Inpatient psychiatric residential treatment. The Family Service Worker will: (1) Provide comprehensive and accurate information about the child during the assessment and admission phase to an inpatient residential facility; (2) Attend the first appointment with th…

9 CAR § 40-752. Inpatient acute psychiatric treatment. (a) The Family Service Worker will: (1) Make a referral to the CMHC when a child needs mental health services (including any twenty-four-hour services); (2) In the case of an emergency, contact the CMHC immediately for an ass…

9 CAR § 40-753. Ongoing treatment. (a) The Family Service Worker will: (1) Forward copies of all critical information that was not available at the time of the initial referral as it becomes available; (2) Keep the mental health professional informed of any changes in the child’s…

9 CAR § 40-754. The Division of Children and Family Services/CMHC collaboration. (a)(1) The Division of Children and Family Services will work with their local, designated community mental health centers to ensure adequate mental health services are available to meet the needs of…

9 CAR § 40-755. Mental health policy terms. The Family Service worker will know and understand the following terms: (1)(A) Crisis intervention-emergency short-term treatment services aimed at assisting individuals in a crisis situation experiencing a psychiatric or behavioral cri…

9 CAR § 40-756. Interdivisional staffings at the Child Case Review Committee. (a) Interdivisional staffings. (1)(A) When a youth is receiving services from the Department of Human Services and has serious and complex needs that make placements difficult, a caseworker can refer th…

9 CAR § 20-757. Interdivisional staffing referral. (a) When any local divisional staff member becomes aware of a youth who meets the criteria for referral to an interdivisional staffing he or she will: (1) Contact the County Supervisor, the Area Director, and, where available, th…

9 CAR § 40-758. Child Case Review Committee (CCRC) referral. (a) If the case has already been reviewed by an interdivisional staffing that did not resolve the youth’s presenting issues within the state and the referral is determined to be appropriate for the CCRC, the Specialized…

9 CAR § 40-759. Medicaid and financial issues. (a) Before a youth is placed in an out-of-state treatment facility due to an emotional disturbance, the Office of Chief Counsel will make and document the following determinations as required by Arkansas Code § 20-46-106 via CFS-303:…

9 CAR § 40-760. Legal counsel for children in foster care. (a)(1) The Division of Children and Family Services may secure legal counsel for children in foster care in connection with legal actions and proceedings of which they are a part during their foster care experience. (2) T…

9 CAR § 40-761. Making referrals to secure legal counsel. The following steps are to be followed during the referral process: (1)(A) The person making the referral (e.g., field staff, supervisor, Area Director) will send the request via email to the Director of the Division of Ch…

9 CAR § 40-762. Therapeutic foster care. (a)(1) Therapeutic foster care (TFC) is a specialized form of foster care that provides a wraparound plan for children who need more intensive case management to meet their individual needs. (2) TFC is a family-based service delivery appro…

9 CAR § 40-763. Referrals for therapeutic foster care. (a) If the Family Service Worker believes TFC to be the most appropriate placement for a child, he or she will: (1) Complete CFS-367: Specialized Placement Referral Form; (2) Email the completed CFS-367: Specialize Placement …

9 CAR § 40-764. Therapeutic foster home transitioning to DCFS foster home. (a) In the event that a current TFC foster home wishes to become a Division of Children and Family Services foster home, the Resource Worker will: (1) Request a referral on the family from the TFC provider…

9 CAR § 40-765. Former therapeutic foster home reopening as Division of Children and Family Services foster home. (a) For former TFC foster homes that express interest in opening as a Division of Children and Family Services foster home, the Resource Worker will: (1) Request a re…

9 CAR § 40-766. Private licensed placement agency (PLPA) resource homes. (a)(1) A private licensed placement agency (PLPA) is a child placement agency licensed by the child welfare agency review board to recruit, train, approve, and support their own resource homes. (2) A PLPA re…

9 CAR § 40-767. Referrals for private licensed placement agency (PLPA) resource homes. (a) If the Family Service Worker (FSW) determines a private licensed placement agency (PLPA) resource home to be the most appropriate placement for a child, he or she will: (1) Complete CFS-367…

9 CAR § 40-768. Private licensed placement agency (PLPA) resource home transitioning to the Division of Children and Family Services resource home. (a) If a current private licensed placement agency (PLPA) resource home wishes to become a Division of Children and Family Services …

9 CAR § 40-769. Former private licensed placement agency (PLPA) resource home reopening as DCFS resource home. For former PLPA resource homes that express interest in opening as a Division of Children and Family Services resource home, the Resource Worker will: (1) Request a refe…

9 CAR § 40-770. Foster Care Driving Program and Car Insurance Reimbursement Program for youth in out-of-home placement. (a)(1) An important rite of passage for many young adults is learning to drive and earning their driver’s license. (2) The Division of Children and Family Servi…

9 CAR § 40-801. Resource home definitions and roles. (a)(1) 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. (2) The Department of Human Services,…

9 CAR § 40-802. Resource home recruitment and retention. (a)(1) The Division of Children and Family Services 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. …

9 CAR § 40-803. Resource parent recruitment. (a)(1) All staff should participate in recruitment efforts. (2) While the following is not a comprehensive list, staff will: (A) Actively seek out relatives and fictive kin as emergency placement options for every child entering foster…