Arkansas Administrative Code

9 CAR § 40-807. Denial of a resource home applicant. If at any point during the home assessment the Division of Children and Family Services determines that an applicant does not meet the standards or any other criteria of a quality resource home, the division will deny approval …

9 CAR § 40-808. Denial as a result of negative results of a background check. The Resource Worker or designee will: (1) Share the results with the applicant and inform them of their ineligibility to attend training; (2)(A) For denials related to criminal background check record r…

9 CAR § 40-809. Denial as a result of the in-home consultation visit. (a) The Resource Worker will: (1)(A) Inform the family of their noncompliance with any identified standard or policy and determine if the family is willing or able to implement a safeguard measure in a timely m…

9 CAR § 40-810. Denial as a result of the home assessment. The Resource Worker Supervisor or designee will: (1) Send a denial letter to all applicants who are not approved and document in provider contact information screen in the Division of Children and Family Services informat…

9 CAR § 40-811. Resource home monitoring and reevaluation. (a)(1) In order to ensure continued quality of all the Division of Children and Family Services resource homes, the division will monitor resource homes at least quarterly and conduct a complete reevaluation of each resou…

9 CAR § 40-812. Resource home reopening. (a)(1) In order to secure the best placement for each child in foster care, the Division of Children and Family Services seeks to maintain a large pool of quality resource homes. (2) For this reason, the division will consider reopening re…

9 CAR § 40-813. Reopening a resource home. (a) For former resource homes that have been closed and express interest in reopening, the Resource Worker will: (1) Complete new background checks (i.e., Child Maltreatment Central Registry check, applicable out-of-state child maltreatm…

9 CAR § 40-814. Alternate care for children in out-of-home placement. (a)(1) 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. (2) The…

9 CAR § 40-815. Providing information to and gathering information from resource parents. (a)(1) Resource parents will be considered as team members working with other child welfare professionals for the family. (2) Complete information, such as a child’s health and education rec…

9 CAR § 40-816. Division of Children and Family Services contact with children in out-of-home placements. (a)(1) Regular, quality contact between the Division of Children and Family Services (the division) and a child in an out-of-home placement can be one source of vital constan…

9 CAR § 40-817. Supervision of children in out-of-home placements. (a) The Family Service Worker will: (1)(A) Regularly inform the child and placement provider when visits will take place (though unannounced visits are allowable when necessary). (B) Keep all scheduled visit appoi…

9 CAR § 40-818. Division contact with biological parents, legal custodians, and legal guardians involved in out-of-home placement cases. (a) Regular communication and quality interaction between the Division of Children and Family Services and the biological parents, the legal cu…

9 CAR § 40-819. Caseworker contacts with biological parents. The Family Service Worker will: (1) Conduct the first face-to-face visit with the biological parents within five (5) days of the child entering an out-of-home placement in order to: (A) Introduce himself or herself, if …

9 CAR § 40-820. Child maltreatment allegations concerning out-of-home placements. (a) Overview. (1)(A) All child maltreatment allegations concerning any person in a resource home will be investigated in accordance with Arkansas Code § 12-18-602 of the Child Maltreatment Act, Arka…

9 CAR § 40-821. Initial report response. (a) When any initial report of child maltreatment is made and concerns any person in a resource home, the Crimes Against Children Division investigator will begin an investigation within twenty-four (24) hours for Priority I allegations or…

9 CAR § 40-822. Response to unsubstantiated findings. (a) If the child maltreatment allegation is unsubstantiated, the FSW Resource Worker will: (1) Collaborate with the FSW Investigator and the child’s or children’s FSW Caseworker to write a request to the Resource Family Review…

9 CAR § 40-823. Response to true determination pending due process. (a) If the child maltreatment allegation is determined to be true, the FSW Caseworker will: (1) Reassess the corrective action plan for the resource home, if applicable, in collaboration with the FSW Resource Wor…

9 CAR § 40-824. Response to true determination overturned on administrative appeal when the resource home is still open. (a) The FSW Caseworker will: (1)(A) Arrange and hold a staffing with the FSW Supervisor, Resource Worker, and Resource Worker Supervisor within three (3) busin…

9 CAR § 40-825. Response to true finding overturned on administrative appeal when the foster home has previously been closed. (a)(1) If the resource home has been closed and requests the Division of Children and Family Services to reopen the home, the FSW Resource Worker will arr…

9 CAR § 40-826. Response to true determination upheld on administrative appeal. (a)(1) If the true determination is upheld by the administrative hearing, the resource home may remain open for any of the children currently placed in the home if it can be shown that it is in the be…

9 CAR § 40-827. Changes in out-of-home placement. (a)(1) The Division of Children and Family Services recognizes that stable placements for children in Department of Human Services custody result in a lesser amount of trauma to and better long-term outcomes for children who must …

9 CAR § 40-828. Foster parent request for placement change. (a) If a request for removal is made by the foster parent, the Family Service Worker will: (1)(A) Remove the child immediately without holding a staffing if the request for removal from the foster parent meets the defini…

9 CAR § 40-829. Nonemergency changes in out-of-home placement. (a) The Family Service Worker will: (1) Conference with supervisor as necessary regarding change in placement; (2) Provide written notice to the child’s birth parent or parents at least two (2) weeks prior to any plac…

9 CAR § 40-830. Emergency changes in out-of-home placement. (a) The Family Service Worker will: (1) Notify the FSW supervisor immediately of the emergency placement change; (2)(A) Notify the child’s birth parent or parents, Office of Chief Counsel attorney, and attorney ad litem …

9 CAR § 40-831. Financial support to resource parents. (a) The Division of Children and Family Services provides foster care maintenance payments for a child in foster care to help defray the costs of providing: (1) Food; (2) Shelter; (3) Clothing; (4) Daily supervision; (5) Stan…

9 CAR § 40-832. Financial support to foster parents. (a)(1) The Division of Children and Family Services shall pay foster parents a monthly board rate according to the following chart. (2) These rates are effective for board payments of November 2009 and after: Birth through 5 ye…

9 CAR § 40-833. Requesting a special board rate. (a) The Family Service Worker will: (1) Check documentation of the child’s special need or needs and the additional activities required of the foster parents to meet the need or needs; (2) Complete the CFS-304: Justification of Spe…

9 CAR § 40-834. Child missing from an out-of-home placement. (a)(1) Occasionally there are instances when a child or youth may leave an out-of-home placement without authorization. (2) Any of these instances will result in immediate action from the placement provider as outlined …

9 CAR § 40-835. When a child is reported missing from an out-of-home placement. (a) After receiving notification of the child’s disappearance by the placement provider, the primary Family Service Worker (FSW) Caseworker will: (1)(A) Notify the child’s custodial or noncustodial pa…

9 CAR § 40-836. When a child missing from an out-of-home placement is located. (a) When a child missing from an out-of-home placement is located, the primary Family Service Worker will: (1) Ensure the child has a physical exam by his or her primary care physician, if possible, wi…

9 CAR § 40-901. Transitional Youth Services. (a)(1) The purpose of Transitional Youth Services (TYS) is to better prepare youth in Division of Children and Family Services custody, who are in an out-of-home placement or whose adoption or guardianship is finalized at sixteen (16) …

9 CAR § 40-902. Referral for transitional services. (a) The Family Service Worker will: (1)(A) Complete the CFS-001: Referral for Transitional Services & Support on all youth entering foster care between fourteen (14) and eighteen (18) years of age. (B) The CFS-001: Referral for …

9 CAR § 40-903. Youth transitional plan and life plan. (a) The Family Service Worker will: (1) Develop a transitional plan with all youth in foster care between fourteen (14) and twenty-one (21) years of age, and for all youth who turn fourteen (14) years of age while in foster c…

9 CAR § 40-904. Interagency support for youth with disabilities. (a) In order to promote continuity of care for youth with disabilities, the Adult Protective Services Unit of the Department of Human Services, the Division of Children and Family Services, the Division of Youth Ser…

9 CAR § 40-905. Extended foster care. (a)(1) Even after reaching the legal age of majority (that being eighteen (18) years of age), all youth need additional support and access to an array of resources as they continue their transition into adulthood. (2) As such, youth who are e…

9 CAR § 40-906. Extended foster care. The Family Service Worker, with support from the Transitional Youth Services Coordinator, will: (1) Explain and complete CFS-009: Extended Foster Care Agreement with the youth when the youth decides to participate in extended foster care and …

9 CAR § 40-907. TYS sponsors. (a) The Family Service Worker, with support from the TYS Coordinator, will: (1)(A) Assist the youth in locating and choosing a sponsor who is not the person from whom the youth was removed. (B) Before finalizing a sponsor for a youth, a Division of A…

9 CAR § 40-908. After care services and support. (a)(1) After care funds may provide assistance and services to youth who have left foster care because they have attained eighteen (18) years of age and who have not attained twenty-one (21) years of age. (2) The youth must have be…

9 CAR § 40-909. After care and follow-up. (a) If the youth is still in foster care, the Family Service Worker will: (1)(A) Work with the youth requesting after care support. (B) Request will be made via CFS-004: Request for After Care Support; (2) Send CFS-004: Request for After …

9 CAR § 40-910. Termination of parental rights. (a)(1) All children have a right to a safe, permanent family. (2) The Division of Children and Family Services shall develop and implement permanency plans for children. (3) One option is to terminate parental rights to a child for …

9 CAR § 40-911. Division of Children and Family Services initiates termination of parental rights. (a) The Family Service Worker will: (1) Consult the Office of Chief Counsel attorney to determine if legal grounds exist for disposition recommendation of termination of parental ri…

9 CAR § 40-912. Court initiates termination of parental rights. (a)(1) Sometimes the court will determine that the goal should be termination of parental rights when it is not the recommendation of the Department of Human Services. (2) In these instances, the following procedures…

9 CAR § 40-913. Custodial/noncustodial parent or parents requests termination of parental rights. (a) When parents want to relinquish custody to the Department of Human Services and free a child for a permanent placement (refer to 9 CAR § 40-916), the Family Service Worker or the…

9 CAR § 40-914. Fast track adoption under Garrett’s Law. (a)(1) If a report of neglect under the Arkansas Code § 12-18-103(14)(B)(i)(a) or Arkansas Code § 12-18-103(14)(B)(i)(b) (herein after referred to as a Garrett’s Law report) is made to the Division of Arkansas State Police …

9 CAR § 40-915. Decisions involving children in Department of Human Services custody whose parents’ rights have been terminated. (a)(1) The Department of Human Services, Division of Children and Family Services, has designated the Area Director or designee as having the authority…

9 CAR § 40-916. Birth parents relinquishing infants for adoption under the Safe Haven Act. (a) Any medical provider, law enforcement agency, or fire department will take possession of a child who is thirty (30) days old or younger, without a court order, if the parents of the chi…

9 CAR § 40-917. Selection, preparation, and finalization of adoptive placements. (a) Jurisdiction and residency requirements. (1) The Division of Children and Family Services will participate in the adoption of a minor who is in Department of Human Services custody or for whom th…