Arkansas Administrative Code

9 CAR § 40-921. Legal risk placement. (a) The Family Service Worker will: (1) Evaluate if legal risk placement is appropriate for the child based on the following considerations: (A) Family history of foster care episodes or prior involuntary termination of parental rights; (B) P…

9 CAR § 40-922. When a petition to adopt is filed without prior knowledge or consent of the Division of Children and Family Services. (a) The Family Service Worker or Adoption Specialist, when learning about the petition to adopt, will immediately notify the Area Director or desi…

9 CAR § 40-923. Postplacement services. (a) The Family’s Adoption Specialist will: (1) Provide casework, counseling, support, and referral to needed resources and services until the adoption is finalized; (2) Inform the family about postadoption services, via “PUB 31: Post Adopti…

9 CAR § 40-924. Disruption of preadoptive placement. (a) If disruption of an adoptive placement is imminent, the family’s Adoption Specialist will: (1) Provide appropriate services to preserve the family and prevent disruption, if applicable; and (2) Prepare the adoptive family f…

9 CAR § 40-925. When a child dies prior to finalization for adoption. (a) Upon the death of a child who is in a preadoptive placement, the child’s Adoption Specialist will inform the resource parent or parents that: (1)(A) The adoption decree may be finalized through the court, u…

9 CAR § 40-926. Finalization of an adoption. (a) The child’s Adoption Specialist will: (1) Forward the following to the Adoption Supervisor when submitting the recommendation to finalize the adoption: (A) “CFS-432: Checklist for Recommendation for Finalization”; (B) Initial home …

9 CAR § 40-927. Postadoption services. (a) After an adoption has been finalized, the following services may be offered to help preserve adoptive families: (1) Adoption subsidy; (2) Casework management; (3) Education and training; (4) Family support services; (5) Information about…

9 CAR § 40-928. Legal custodian petition to adopt a child previously in foster care. (a)(1) When a child in foster care achieves permanency through a guardianship or an order of permanent custody, the child’s guardian or custodian may wish to adopt the child in the future. (2) Th…

9 CAR § 40-929. Legal custodian petition to adopt a child previously in foster care. (a) The Family Service Worker will: (1) Verify that termination of parental rights has occurred; (2) Request secondary assignment to Resource Worker; (3) Complete CFS-426: Adoption Packet Checkli…

9 CAR § 40-930. Adoption subsidy. (a)(1) The Division of Children and Family Services provides an adoption subsidy as a service to assist in making adoption possible for a child, who, with special needs, might not otherwise be adopted and for whom a family is not readily availabl…

9 CAR § 40-931. Initial application for adoption subsidy. (a) The Family’s Adoption Specialist will: (1) Follow the same subsidy-related policy and procedures, including subsidies for nonrecurring legal expenses, regardless if the adoption is being handled in-state or out-of-stat…

9 CAR § 40-932. Title IV-E redetermination. (a)(1) The federal Title IV-E adoption assistance program does not require redeterminations of a child’s eligibility. (2) Although the Title XIX Medicaid program and the programs that, in part, may qualify a child initially for adoption…

9 CAR § 40-933. Criteria for Supplemental Security Insurance-eligible private agency and independent adoptions. (a) A child who is SSI eligible and is part of an independent adoption (i.e., not in the custody of a public or private agency) is eligible for a Title IV-E subsidy. (b…

9 CAR § 40-934. Amendment to an adoption subsidy. The Adoption Support Specialist will: (1) Follow the same subsidy-related policy and procedures, regardless if the adoption is being handled in-state or out-of-state; (2) Ensure close coordination with the other state’s adoption w…

9 CAR § 40-935. Request for continuation of federal and state-funded adoption maintenance subsidy after age 18. (a)(1) In some cases, a federal adoption maintenance subsidy or state-funded maintenance subsidy may be continued for adoptees eighteen (18) to twenty-one (21) years of…

9 CAR § 40-936. Interstate Compact on Adoption and Medical Assistance (ICAMA). (a) A child who is receiving Medicaid as a result of an adoption subsidy may continue to receive the subsidy if the child moves to or from another state. (b) The Adoption Support Specialist will: (1) C…

9 CAR § 40-937. Payment for nonrecurring adoption expenses and special subsidy. (a) The Adoption Specialist will: (1)(A) Submit a billing packet to the Adoption Subsidy Coordinator for nonrecurring adoption expenses within sixty (60) days after the finalization of the adoption. (…

9 CAR § 40-938. Termination of adoption subsidy. (a) The Family Service Worker will: (1) In the event a child with an adoption subsidy enters foster care: (A) Contact the Office of Chief Counsel and discuss a petition for child support in the amount of the full adoption subsidy; …

9 CAR § 40-939. Mutual consent voluntary adoption registry. (a)(1) Some adults who were adopted as children and some birth parents who voluntarily or involuntarily relinquished a child for adoption, as well as relatives within the second degree to the adoptee, may wish to be iden…

9 CAR § 40-940. Mutual consent voluntary adoption registry and related services. (a) The Registry Administrator will: (1) Prepare forms to be shared with administrators of other agencies when an applicant identifies another agency as the agency having completed the adoption; (2) …

9 CAR § 40-941. International adoptions. (a) The Adoption Services Unit shall provide assistance with intercountry adoptions. (b) However, federal IV-E funds shall not be used to support intercountry adoptions.

9 CAR § 40-942. International adoptions. (a) The Adoptions Manager or designee will: (1) Respond to inquiries/referrals about international adoptions; (2) Provide list of licensed private adoption agencies who will complete adoption assessments for intercountry adoptions; (3)(A) …

9 CAR § 40-943. Subsidized guardianship. (a) Overview. (1)(A) For children for whom a permanency goal of guardianship with a relative has been established, the Division of Children and Family Services offers a federal (Title IV-E) Subsidized Guardianship Program to further promot…

9 CAR § 40-944. Initial subsidized guardianship program determinations. (a) If a goal of guardianship with a relative or fictive kin has been determined to be in the child’s best interest, the FSW will: (1) Gather and review all relevant documentation to determine the child’s eli…

9 CAR § 40-945. Denial of subsidized guardianship arrangement. If at any point in time it is determined in consultation with the FSW supervisor and the Division of Children and Family Services Subsidized Guardianship Coordinator or designee that a legal guardianship supported by …

9 CAR § 40-946. Subsidized guardianship determination meeting. (a) The FSW will: (1) Coordinate the subsidized guardianship determination meeting to discuss the potential subsidized guardianship arrangement and agreement within fourteen (14) days of receiving notification from th…

9 CAR § 40-947. Subsidized Guardianship Oversight Committee review. (a) The Subsidized Guardianship Oversight Committee will: (1)(A) Meet to review and discuss all subsidized guardianship forms and supporting documentation within fourteen (14) calendar days of receiving the infor…

9 CAR § 40-948. Subsidized guardianship agreement finalization. (a) The Division of Children and Family Services Subsidized Guardianship Coordinator or designee will: (1) Complete the CFS-435-D: Recommendation for Finalization of Guardianship and submit to the appropriate Office …

9 CAR § 40-949. Guardianship hearing for subsidized guardianship. (a) The FSW will: (1) Receive the confirmed guardianship hearing court date from the Office of Chief Counsel attorney (if guardianship hearing date was not previously set); (2)(A) Provide notice to the participants…

9 CAR § 40-950. Annual subsidized guardianship review. (a) The Division of Children and Family Services Subsidized Guardianship Coordinator or designee will: (1) Mail the relative guardians the CFS-435-G: Annual Progress Report and Subsidized Guardianship Agreement Review at leas…

9 CAR § 40-951. Placement with successor guardian. (a) The information below does not apply to situations in which the initial guardian dies or is otherwise incapacitated. (b) If a child whose relatives or fictive kin are receiving a guardianship subsidy on his or her behalf re-e…

9 CAR § 40-952. Appeals. If the family wishes to appeal a decision regarding their subsidized guardianship agreement, the Division of Children and Family Services Subsidized Guardianship Coordinator or designee will: (1)(A) Direct the family to 25 CAR pt. 34 for information on ad…

9 CAR § 40-953. Resumption of services post-termination and reinstatement of parental rights. (a) Overview. (1) Given that behavior change and the work of change is a part of the child welfare system’s daily challenge, the Division of Children and Family Services recognizes that …

9 CAR § 40-954. Resumption of services post-termination. (a) The Family Service Worker will: (1) Determine if the juvenile qualifies for a motion for resumption of services (see initial eligibility above); (2) Contact the parent who is the subject of the motion for resumption of …

9 CAR § 40-955. Reinstatement of parental rights. (a) The Family Service Worker will: (1) Seven (7) business days prior to any hearing on the motion, provide the parent, parent’s counsel, attorney ad litem, court-appointed special advocate, and any other parent to the petition wi…

9 CAR § 100-101. General administration — Mission. (a) The Division of Youth Services works with judges, providers, schools, and other stakeholders to provide a continuum of individualized rehabilitative services and sanctions for at-risk and adjudicated youth and their families.…

9 CAR § 100-102. General administration — Core beliefs. The Division of Youth Services believes that: (1) Youth are best served in least-restrictive settings located close to home when appropriate evidence-based rehabilitative services are available, and removing youth from the h…

9 CAR § 100-103. Accounting — Accounting procedures — Asset management. (a) The Division of Youth Services shall: (1) Abide by Department of Human Services Financial Authority Policy 1064 or any such successor policy in which the Office of Finance and Administration of the Depart…

9 CAR § 100-104. Accounting — Youth funds. (a)(1) Division of Youth Services employees and nonemployee persons shall not provide any financial transactions between youths, youths and staff, and youths and nonemployees or volunteers unless specifically permitted as part of a divis…

9 CAR § 100-105. Training — Definitions. (a) As used in this part, “training” means an organized, planned, and evaluated activity designed to achieve specific learning objectives that may occur: (1) On-site; (2) At an academy or training center; (3) At an institution of higher le…

9 CAR § 100-106. Training — Policy. (a)(1)(A) The Division of Youth Services shall provide its employees and the employees of its contracted providers with training required by applicable state and federal laws and other training identified by the agency as appropriate in order f…

9 CAR § 100-107. Confidentiality and privacy — Records. (a) Division of Youth Services staff and contracted providers shall fully comply with applicable state and federal law governing the confidentiality of records and information pertaining to the custody, care, and treatment o…

9 CAR § 100-108. Volunteer services — Mission. (a) The mission of the Division of Youth Services Volunteer Services Program is to maximize community resources and utilize volunteers to provide opportunities that enable youth to become responsible and productive citizens. (b) Comm…

9 CAR § 100-109. Volunteer services — Volunteer services program. (a) Each volunteer services program is administered by the Division of Youth Services Facilities Operations Coordinator in conjunction with the Facility Services Liaison at each juvenile treatment center. (b) The d…

9 CAR § 100-110. Volunteer services — Employee participation. (a) Employees and former employees may participate in the Division of Youth Services volunteer program. (b) Current employees may participate during off-duty hours and outside the scope of normal job duties. (c) An emp…

9 CAR § 100-111. Volunteer services — Volunteers generally. (a)(1) The Division of Youth Services Facilities Operations Coordinator shall: (A) Write a volunteer job description based on the referral form; (B) Carefully match a suitable volunteer to the job description; (C) Discus…

9 CAR § 100-201. Physical plant — Definition. As used in this part, “unencumbered space” means: (1) Usable space that is not encumbered by furnishings or fixtures; and (2) At least one (1) dimension of which shall be no less than the minimal square footage specified by the Americ…