Ark. Code Ann. § 9-28-903 — AR Code / Title 9 / Chapter 28 / Subchapter 9 / Section 9-28-903
Foster parent support
Status: in_force

Foster parents should be supported in the following manner: (1) Treated by the Division of Children and Family Services and other partners in the care of abused and neglected children with consideration, dignity, respect, and trust as a primary caregiver for foster children, including respect for the family values and routines of the foster parent; (2) Considered to be an integral member of the professional team caring for children in foster care; (3) Confidentiality regarding personal issues as provided by law and to be free from discrimination based on religion, race, color, creed, national origin, age, marital status, or physical handicap in matters concerning licensing approval; (4) (A) Provided training that will enhance the skills and ability to cope as foster parents. (B) The training shall include both standardized pre-service training and continuing education at least annually and at appropriate intervals, including without limitation the following purposes: (i) To meet mutually assessed needs of the children in foster care; (ii) To inform foster parents of their responsibilities and opportunities as foster parents; (iii) To assist in the understanding of and dealing with family loss and separation when a child in foster care is placed, as well as when a foster child leaves the foster parent's home; (iv) To be informed of and have access to in a timely manner and at least annually any changes in applicable laws, guidelines, policies, and procedures that may impact the role of foster parents; (v) To receive specific training on investigations of alleged child abuse or neglect in a foster home. The training shall include the rights of a foster parent during an investigation; and (vi) To receive information about and have access to local and statewide support groups, including without limitation local and statewide foster parent associations; (5) Provided contact information for the appropriate staff of the child placement agency in order to receive information and assistance to access supportive services for children in the foster parent's care; (6) Granted access to services from the Division of Children and Family Services/Child Placement Agency twenty-four (24) hours a day, seven (7) days a week for assistance; (7) Provided all information regarding the foster child that will impact the foster parent's home or family life in order to provide assurance of safety of the foster parent's family during the care of the child in foster care; (8) Provided full disclosure of all medical, psychological, and behavioral issues of children in the foster parent's care; (9) (A) Informed prior to placement of all information regarding the child's behavior, background, health history, or other issues relative to the child that may jeopardize the health and safety of the foster family or alter the manner in which foster care should be provided. (B) In an emergency situation, the child placement agency shall provide information as soon as it is available; (10) Prior to placement, enabled to review and discuss written information concerning the child and to assist in determining if the child is a proper placement for the foster family; (11) The ability to refuse placement of a child in the foster home or to request, upon reasonable notice, the removal of a child from the foster home without fear of reprisal or any adverse effect on being assigned any future foster child or adoptive placements; (12) Receipt of any information through the Division of Children and Family Services/Child Placement Agency regarding the number of times a child in foster care has been moved and the reasons for those moves and, upon request and within legal guidelines or as provided by statute, to receive the names and phone numbers of the previous foster parents if the previous foster parents authorize such release; (13) Provided a clear, written explanation of the placement agency's plan concerning the placement of a child in the foster parent's home and to receive at any time during the placement any additional or necessary information that is relevant to the case of the child, including any subsequent revisions to the case plan on a timely basis; (14) (A) Permitted meaningful participation in the development of the case plan for the child in foster care in his or her home. (B) To accomplish this goal, the foster parents shall have: (i) The opportunity to discuss the plan of the child in foster care with the case manager and the child welfare team and be provided with a written copy of the individual service and treatment plan concerning the child in foster care in the foster parent's home, as well as a reasonable notification of any changes to that plan; (ii) The opportunity to participate in the planning of family time with the child in foster care and his or her birth family; (iii) The opportunity to participate in the case planning and decision-making process with the Division of Children and Family Services/Child Placement Agency regarding the child in foster care; (iv) The opportunity to provide input concerning the plan of care for the child and to have that input considered by the Division of Children and Family Services/Child Placement Agency; (v) The opportunity to communicate for the purpose of participating in the case planning for the child in foster care with other professionals who work with the child in foster care within the context of the professional team, including without limitation therapists, physicians, and teachers; (vi) The opportunity to be notified of all scheduled meetings and staffings concerning the child in foster care in order to actively participate in the case planning and decision-making process regarding the child in foster care, including individual service planning meetings, administrative case reviews, multidisciplinary staffings, and individual educational planning meetings; (vii) The opportunity to be given, in a timely and consistent manner, any information a caseworker has regarding the child in foster care and the family of the child in foster care that is pertinent to the care and needs of the child in foster care and to the making of a permanency plan for the child in foster care; and (viii) The opportunity to be given reasonable explanatory written notice of any changes in a case plan for the child in foster care, plans to terminate the placement of the child with the foster parent within fourteen (14) days, and the reasons for the change or termination in placement except in an immediate response to a child maltreatment investigation involving the foster home. The notice shall be waived only as provided for by law; (15) Afforded the opportunity to be notified in advance by the division or the court of any hearing or review in which the case plan or permanency of the child in foster care is an issue, including periodic reviews held by the court, permanency hearings, and motions to extend custody; (16) Afforded the opportunity to be notified and to be heard during any court proceeding regarding the child in foster care in the foster parent's home and to be informed of decisions made by the courts or the child welfare agency concerning the child in foster care; (17) Afforded the opportunity to be considered as a permanency option for a foster child in their home and if in the best interest of the foster child, and to receive assistance in dealing with family loss and separation when a child in foster care leaves the foster parent's home; (18) Granted the following considerations: (A) Consideration when appropriate, as a preferential placement option when a child in foster care who was formerly placed with the foster parents has reentered the foster care system; (B) Consideration for adoption when a child in foster care who has been placed in the foster home for a period of at least twelve (12) months becomes eligible for adoption to the extent it is in the best interest of the child in foster care; and (C) Allowed to maintain contact with the child in foster care after the child leaves the foster home, unless the child in foster care, a birth parent, the division who retains custody of the child in foster care, or other foster or adoptive parent refuses such contact; (19) Provided with a reasonable plan for relief from the role of foster parenting through the use of respite care services; (20) Provided timely and adequate financial reimbursement according to the agreement between the foster parents and the Division of Children and Family Services/Child Placement Agency; (21) Provided evaluation and feedback on his or her role as a foster parent; (22) In the event of an alleged violation of policies, given the opportunity: (A) To request and receive a fair and impartial review regarding decisions that affect approval and retention or placement of a foster child in the foster parent's home; (B) To be provided a fair, timely, and impartial investigation of complaints concerning the operation of the foster home; (C) To be provided an explanation of a corrective action plan or policy violation relating to the foster parents; (D) To have child maltreatment allegations investigated in accordance with the Child Maltreatment Act, § 12-18-101 et seq. and any removal of a child in foster care shall be pursuant to division policies and procedures; and (E) To request and receive a review of decisions that affect approval of the foster home; and (23) Provided information on policies and procedures for reporting of misconduct by division employees, service providers, or contractors, confidential handling of the reports, and investigation of the reports. Amended by Act 2023, No. 363,§ 28, eff. 8/1/2023. Acts 2007, No. 725, § 1; 2009, No. 758, § 17

Foster parents should be supported in the following manner:

(1) Treated by the Division of Children and Family Services and other partners in the care of abused and neglected children with consideration, dignity, respect, and trust as a primary caregiver for foster children, including respect for the family values and routines of the foster parent;

(2) Considered to be an integral member of the professional team caring for children in foster care;

(3) Confidentiality regarding personal issues as provided by law and to be free from discrimination based on religion, race, color, creed, national origin, age, marital status, or physical handicap in matters concerning licensing approval;

(4) (A) Provided training that will enhance the skills and ability to cope as foster parents. (B) The training shall include both standardized pre-service training and continuing education at least annually and at appropriate intervals, including without limitation the following purposes: (i) To meet mutually assessed needs of the children in foster care; (ii) To inform foster parents of their responsibilities and opportunities as foster parents; (iii) To assist in the understanding of and dealing with family loss and separation when a child in foster care is placed, as well as when a foster child leaves the foster parent's home; (iv) To be informed of and have access to in a timely manner and at least annually any changes in applicable laws, guidelines, policies, and procedures that may impact the role of foster parents; (v) To receive specific training on investigations of alleged child abuse or neglect in a foster home. The training shall include the rights of a foster parent during an investigation; and (vi) To receive information about and have access to local and statewide support groups, including without limitation local and statewide foster parent associations;

(A) Provided training that will enhance the skills and ability to cope as foster parents.

(B) The training shall include both standardized pre-service training and continuing education at least annually and at appropriate intervals, including without limitation the following purposes: (i) To meet mutually assessed needs of the children in foster care; (ii) To inform foster parents of their responsibilities and opportunities as foster parents; (iii) To assist in the understanding of and dealing with family loss and separation when a child in foster care is placed, as well as when a foster child leaves the foster parent's home; (iv) To be informed of and have access to in a timely manner and at least annually any changes in applicable laws, guidelines, policies, and procedures that may impact the role of foster parents; (v) To receive specific training on investigations of alleged child abuse or neglect in a foster home. The training shall include the rights of a foster parent during an investigation; and (vi) To receive information about and have access to local and statewide support groups, including without limitation local and statewide foster parent associations;

(i) To meet mutually assessed needs of the children in foster care;

(ii) To inform foster parents of their responsibilities and opportunities as foster parents;

(iii) To assist in the understanding of and dealing with family loss and separation when a child in foster care is placed, as well as when a foster child leaves the foster parent's home;

(iv) To be informed of and have access to in a timely manner and at least annually any changes in applicable laws, guidelines, policies, and procedures that may impact the role of foster parents;

(v) To receive specific training on investigations of alleged child abuse or neglect in a foster home. The training shall include the rights of a foster parent during an investigation; and

(vi) To receive information about and have access to local and statewide support groups, including without limitation local and statewide foster parent associations;

(5) Provided contact information for the appropriate staff of the child placement agency in order to receive information and assistance to access supportive services for children in the foster parent's care;

(6) Granted access to services from the Division of Children and Family Services/Child Placement Agency twenty-four (24) hours a day, seven (7) days a week for assistance;

(7) Provided all information regarding the foster child that will impact the foster parent's home or family life in order to provide assurance of safety of the foster parent's family during the care of the child in foster care;

(8) Provided full disclosure of all medical, psychological, and behavioral issues of children in the foster parent's care;

(9) (A) Informed prior to placement of all information regarding the child's behavior, background, health history, or other issues relative to the child that may jeopardize the health and safety of the foster family or alter the manner in which foster care should be provided. (B) In an emergency situation, the child placement agency shall provide information as soon as it is available;

(A) Informed prior to placement of all information regarding the child's behavior, background, health history, or other issues relative to the child that may jeopardize the health and safety of the foster family or alter the manner in which foster care should be provided.

(B) In an emergency situation, the child placement agency shall provide information as soon as it is available;

(10) Prior to placement, enabled to review and discuss written information concerning the child and to assist in determining if the child is a proper placement for the foster family;

(11) The ability to refuse placement of a child in the foster home or to request, upon reasonable notice, the removal of a child from the foster home without fear of reprisal or any adverse effect on being assigned any future foster child or adoptive placements;

(12) Receipt of any information through the Division of Children and Family Services/Child Placement Agency regarding the number of times a child in foster care has been moved and the reasons for those moves and, upon request and within legal guidelines or as provided by statute, to receive the names and phone numbers of the previous foster parents if the previous foster parents authorize such release;

(13) Provided a clear, written explanation of the placement agency's plan concerning the placement of a child in the foster parent's home and to receive at any time during the placement any additional or necessary information that is relevant to the case of the child, including any subsequent revisions to the case plan on a timely basis;

(14) (A) Permitted meaningful participation in the development of the case plan for the child in foster care in his or her home. (B) To accomplish this goal, the foster parents shall have: (i) The opportunity to discuss the plan of the child in foster care with the case manager and the child welfare team and be provided with a written copy of the individual service and treatment plan concerning the child in foster care in the foster parent's home, as well as a reasonable notification of any changes to that plan; (ii) The opportunity to participate in the planning of family time with the child in foster care and his or her birth family; (iii) The opportunity to participate in the case planning and decision-making process with the Division of Children and Family Services/Child Placement Agency regarding the child in foster care; (iv) The opportunity to provide input concerning the plan of care for the child and to have that input considered by the Division of Children and Family Services/Child Placement Agency; (v) The opportunity to communicate for the purpose of participating in the case planning for the child in foster care with other professionals who work with the child in foster care within the context of the professional team, including without limitation therapists, physicians, and teachers; (vi) The opportunity to be notified of all scheduled meetings and staffings concerning the child in foster care in order to actively participate in the case planning and decision-making process regarding the child in foster care, including individual service planning meetings, administrative case reviews, multidisciplinary staffings, and individual educational planning meetings; (vii) The opportunity to be given, in a timely and consistent manner, any information a caseworker has regarding the child in foster care and the family of the child in foster care that is pertinent to the care and needs of the child in foster care and to the making of a permanency plan for the child in foster care; and (viii) The opportunity to be given reasonable explanatory written notice of any changes in a case plan for the child in foster care, plans to terminate the placement of the child with the foster parent within fourteen (14) days, and the reasons for the change or termination in placement except in an immediate response to a child maltreatment investigation involving the foster home. The notice shall be waived only as provided for by law;

(A) Permitted meaningful participation in the development of the case plan for the child in foster care in his or her home.

(B) To accomplish this goal, the foster parents shall have: (i) The opportunity to discuss the plan of the child in foster care with the case manager and the child welfare team and be provided with a written copy of the individual service and treatment plan concerning the child in foster care in the foster parent's home, as well as a reasonable notification of any changes to that plan; (ii) The opportunity to participate in the planning of family time with the child in foster care and his or her birth family; (iii) The opportunity to participate in the case planning and decision-making process with the Division of Children and Family Services/Child Placement Agency regarding the child in foster care; (iv) The opportunity to provide input concerning the plan of care for the child and to have that input considered by the Division of Children and Family Services/Child Placement Agency; (v) The opportunity to communicate for the purpose of participating in the case planning for the child in foster care with other professionals who work with the child in foster care within the context of the professional team, including without limitation therapists, physicians, and teachers; (vi) The opportunity to be notified of all scheduled meetings and staffings concerning the child in foster care in order to actively participate in the case planning and decision-making process regarding the child in foster care, including individual service planning meetings, administrative case reviews, multidisciplinary staffings, and individual educational planning meetings; (vii) The opportunity to be given, in a timely and consistent manner, any information a caseworker has regarding the child in foster care and the family of the child in foster care that is pertinent to the care and needs of the child in foster care and to the making of a permanency plan for the child in foster care; and (viii) The opportunity to be given reasonable explanatory written notice of any changes in a case plan for the child in foster care, plans to terminate the placement of the child with the foster parent within fourteen (14) days, and the reasons for the change or termination in placement except in an immediate response to a child maltreatment investigation involving the foster home. The notice shall be waived only as provided for by law;

(i) The opportunity to discuss the plan of the child in foster care with the case manager and the child welfare team and be provided with a written copy of the individual service and treatment plan concerning the child in foster care in the foster parent's home, as well as a reasonable notification of any changes to that plan;

(ii) The opportunity to participate in the planning of family time with the child in foster care and his or her birth family;

(iii) The opportunity to participate in the case planning and decision-making process with the Division of Children and Family Services/Child Placement Agency regarding the child in foster care;

(iv) The opportunity to provide input concerning the plan of care for the child and to have that input considered by the Division of Children and Family Services/Child Placement Agency;

(v) The opportunity to communicate for the purpose of participating in the case planning for the child in foster care with other professionals who work with the child in foster care within the context of the professional team, including without limitation therapists, physicians, and teachers;

(vi) The opportunity to be notified of all scheduled meetings and staffings concerning the child in foster care in order to actively participate in the case planning and decision-making process regarding the child in foster care, including individual service planning meetings, administrative case reviews, multidisciplinary staffings, and individual educational planning meetings;

(vii) The opportunity to be given, in a timely and consistent manner, any information a caseworker has regarding the child in foster care and the family of the child in foster care that is pertinent to the care and needs of the child in foster care and to the making of a permanency plan for the child in foster care; and

(viii) The opportunity to be given reasonable explanatory written notice of any changes in a case plan for the child in foster care, plans to terminate the placement of the child with the foster parent within fourteen (14) days, and the reasons for the change or termination in placement except in an immediate response to a child maltreatment investigation involving the foster home. The notice shall be waived only as provided for by law;

(15) Afforded the opportunity to be notified in advance by the division or the court of any hearing or review in which the case plan or permanency of the child in foster care is an issue, including periodic reviews held by the court, permanency hearings, and motions to extend custody;

(16) Afforded the opportunity to be notified and to be heard during any court proceeding regarding the child in foster care in the foster parent's home and to be informed of decisions made by the courts or the child welfare agency concerning the child in foster care;

(17) Afforded the opportunity to be considered as a permanency option for a foster child in their home and if in the best interest of the foster child, and to receive assistance in dealing with family loss and separation when a child in foster care leaves the foster parent's home;

(18) Granted the following considerations: (A) Consideration when appropriate, as a preferential placement option when a child in foster care who was formerly placed with the foster parents has reentered the foster care system; (B) Consideration for adoption when a child in foster care who has been placed in the foster home for a period of at least twelve (12) months becomes eligible for adoption to the extent it is in the best interest of the child in foster care; and (C) Allowed to maintain contact with the child in foster care after the child leaves the foster home, unless the child in foster care, a birth parent, the division who retains custody of the child in foster care, or other foster or adoptive parent refuses such contact;

(A) Consideration when appropriate, as a preferential placement option when a child in foster care who was formerly placed with the foster parents has reentered the foster care system;

(B) Consideration for adoption when a child in foster care who has been placed in the foster home for a period of at least twelve (12) months becomes eligible for adoption to the extent it is in the best interest of the child in foster care; and

(C) Allowed to maintain contact with the child in foster care after the child leaves the foster home, unless the child in foster care, a birth parent, the division who retains custody of the child in foster care, or other foster or adoptive parent refuses such contact;

(19) Provided with a reasonable plan for relief from the role of foster parenting through the use of respite care services;

(20) Provided timely and adequate financial reimbursement according to the agreement between the foster parents and the Division of Children and Family Services/Child Placement Agency;

(21) Provided evaluation and feedback on his or her role as a foster parent;

(22) In the event of an alleged violation of policies, given the opportunity: (A) To request and receive a fair and impartial review regarding decisions that affect approval and retention or placement of a foster child in the foster parent's home; (B) To be provided a fair, timely, and impartial investigation of complaints concerning the operation of the foster home; (C) To be provided an explanation of a corrective action plan or policy violation relating to the foster parents; (D) To have child maltreatment allegations investigated in accordance with the Child Maltreatment Act, § 12-18-101 et seq. and any removal of a child in foster care shall be pursuant to division policies and procedures; and (E) To request and receive a review of decisions that affect approval of the foster home; and

(A) To request and receive a fair and impartial review regarding decisions that affect approval and retention or placement of a foster child in the foster parent's home;

(B) To be provided a fair, timely, and impartial investigation of complaints concerning the operation of the foster home;

(C) To be provided an explanation of a corrective action plan or policy violation relating to the foster parents;

(D) To have child maltreatment allegations investigated in accordance with the Child Maltreatment Act, § 12-18-101 et seq. and any removal of a child in foster care shall be pursuant to division policies and procedures; and

(E) To request and receive a review of decisions that affect approval of the foster home; and

(23) Provided information on policies and procedures for reporting of misconduct by division employees, service providers, or contractors, confidential handling of the reports, and investigation of the reports.

Amended by Act 2023, No. 363,§ 28, eff. 8/1/2023.

Acts 2007, No. 725, § 1; 2009, No. 758, § 17
Ark. Code Ann. § 9-3-101 — AR Code / Title 9 / Chapter 3 / Section 9-3-101
Chapter supplemental
Status: in_force

It is the purpose of this chapter to set up a method, in addition to all others now provided by law, for determining the establishment of residence and domicile in Arkansas. Acts 1941, No. 355, § 12; A.S.A. 1947, § 34-1312

It is the purpose of this chapter to set up a method, in addition to all others now provided by law, for determining the establishment of residence and domicile in Arkansas.

Acts 1941, No. 355, § 12; A.S.A. 1947, § 34-1312
Ark. Code Ann. § 9-9-803 — AR Code / Title 9 / Chapter 9 / Subchapter 9 / Section 9-9-803
Access to adoption file
Status: in_force

(a) Beginning August 1, 2018, a requester may submit a written request for a copy of an adoption file from the Department of Health. (b) (1) A request submitted under this section shall include the requester's address and notarized signature and satisfactory proof of the requester's identity as determined by the department. (2) If the requester is the child, widow or widower, or guardian of any child of the deceased adoptee to whom the adoption file pertains, the requester shall also provide notarized documentation evidencing the requester's relationship to the adoptee. (c) (1) Upon receipt of a request made under subsection (a) of this section, the department shall mail the adoption file to the requester at the address provided in the request. (2) If an adoption file contains a form submitted under § 9-9-802(a)(2)(A)(i) , the department shall redact the birth parent's name from the copy of the adoption file before it is mailed to the requester. (3) If a form under § 9-9-802(a)(2)(A)(ii) is submitted after a copy of the adoption file is mailed to the requester, the department shall mail the requester another copy of the adoption file with the birth parent's name included in the adoption file within thirty (30) days of the date the form was removed. (4) Before mailing a requester an adoption file under subdivision (c)(1) of this section, the department shall mark the certified copy of the original birth certificate contained in the adoption file as "not intended for official use" or similar. (d) The department shall mail a requester an adoption file by certified mail, return receipt requested. (e) (1) If an adoption file contains a form submitted under § 9-9-802(a)(3)(A)(i) and (ii) , the department shall include the form in the adoption file mailed to a requester. (2) A form included in the adoption file under this subsection shall be redacted in accordance with subdivision (c)(2) of this section. (f) (1) The department may charge a requester a fee of one hundred dollars ($100) for the department's provision of the adoption file requested. (2) The department may change the amount of the fee charged to a requester under subdivision (f)(1) of this section in accordance with the department's rules. Added by Act 2017, No. 519,§ 1, eff. 8/1/2017

(a) Beginning August 1, 2018, a requester may submit a written request for a copy of an adoption file from the Department of Health.

(b) (1) A request submitted under this section shall include the requester's address and notarized signature and satisfactory proof of the requester's identity as determined by the department. (2) If the requester is the child, widow or widower, or guardian of any child of the deceased adoptee to whom the adoption file pertains, the requester shall also provide notarized documentation evidencing the requester's relationship to the adoptee.

(1) A request submitted under this section shall include the requester's address and notarized signature and satisfactory proof of the requester's identity as determined by the department.

(2) If the requester is the child, widow or widower, or guardian of any child of the deceased adoptee to whom the adoption file pertains, the requester shall also provide notarized documentation evidencing the requester's relationship to the adoptee.

(c) (1) Upon receipt of a request made under subsection (a) of this section, the department shall mail the adoption file to the requester at the address provided in the request. (2) If an adoption file contains a form submitted under § 9-9-802(a)(2)(A)(i) , the department shall redact the birth parent's name from the copy of the adoption file before it is mailed to the requester. (3) If a form under § 9-9-802(a)(2)(A)(ii) is submitted after a copy of the adoption file is mailed to the requester, the department shall mail the requester another copy of the adoption file with the birth parent's name included in the adoption file within thirty (30) days of the date the form was removed. (4) Before mailing a requester an adoption file under subdivision (c)(1) of this section, the department shall mark the certified copy of the original birth certificate contained in the adoption file as "not intended for official use" or similar.

(1) Upon receipt of a request made under subsection (a) of this section, the department shall mail the adoption file to the requester at the address provided in the request.

(2) If an adoption file contains a form submitted under § 9-9-802(a)(2)(A)(i) , the department shall redact the birth parent's name from the copy of the adoption file before it is mailed to the requester.

(3) If a form under § 9-9-802(a)(2)(A)(ii) is submitted after a copy of the adoption file is mailed to the requester, the department shall mail the requester another copy of the adoption file with the birth parent's name included in the adoption file within thirty (30) days of the date the form was removed.

(4) Before mailing a requester an adoption file under subdivision (c)(1) of this section, the department shall mark the certified copy of the original birth certificate contained in the adoption file as "not intended for official use" or similar.

(d) The department shall mail a requester an adoption file by certified mail, return receipt requested.

(e) (1) If an adoption file contains a form submitted under § 9-9-802(a)(3)(A)(i) and (ii) , the department shall include the form in the adoption file mailed to a requester. (2) A form included in the adoption file under this subsection shall be redacted in accordance with subdivision (c)(2) of this section.

(1) If an adoption file contains a form submitted under § 9-9-802(a)(3)(A)(i) and (ii) , the department shall include the form in the adoption file mailed to a requester.

(2) A form included in the adoption file under this subsection shall be redacted in accordance with subdivision (c)(2) of this section.

(f) (1) The department may charge a requester a fee of one hundred dollars ($100) for the department's provision of the adoption file requested. (2) The department may change the amount of the fee charged to a requester under subdivision (f)(1) of this section in accordance with the department's rules.

(1) The department may charge a requester a fee of one hundred dollars ($100) for the department's provision of the adoption file requested.

(2) The department may change the amount of the fee charged to a requester under subdivision (f)(1) of this section in accordance with the department's rules.

Added by Act 2017, No. 519,§ 1, eff. 8/1/2017
Ark. Code Ann. § 9-19-305 — AR Code / Title 9 / Chapter 19 / Subchapter 3 / Section 9-19-305
Registration of child-custody determination
Status: in_force

(a) A child-custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for enforcement, by sending to the appropriate circuit court in this state: (1) a letter or other document requesting registration; (2) two (2) copies, including one (1) certified copy, of the determination sought to be registered, and a statement under penalty of perjury that to the best of the knowledge and belief of the person seeking registration the order has not been modified; and (3) except as otherwise provided in § 9-19-209 , the name and address of the person seeking registration and any parent or person acting as a parent who has been awarded custody or visitation in the child-custody determination sought to be registered. (b) On receipt of the documents required by subsection (a) of this section, the registering court shall: (1) cause the determination to be filed as a foreign judgment, together with one (1) copy of any accompanying documents and information, regardless of their form; and (2) serve notice upon the persons named pursuant to subdivision (a)(3) of this section and provide them with an opportunity to contest the registration in accordance with this section. (c) The notice required by subdivision (b)(2) of this section must state that: (1) a registered determination is enforceable as of the date of the registration in the same manner as a determination issued by a court of this state; (2) a hearing to contest the validity of the registered determination must be requested within twenty (20) days after service of notice; and (3) failure to contest the registration will result in confirmation of the child-custody determination and preclude further contest of that determination with respect to any matter that could have been asserted. (d) A person seeking to contest the validity of a registered order must request a hearing within twenty (20) days after service of the notice. At that hearing, the court shall confirm the registered order unless the person contesting registration establishes that: (1) the issuing court did not have jurisdiction under subchapter 2 of this chapter; (2) the child-custody determination sought to be registered has been vacated, stayed, or modified by a court having jurisdiction to do so under subchapter 2 of this chapter; or (3) the person contesting registration was entitled to notice, but notice was not given in accordance with the standards of § 9-19-108 , in the proceedings before the court that issued the order for which registration is sought. (e) If a timely request for a hearing to contest the validity of the registration is not made, the registration is confirmed as a matter of law and the person requesting registration and all persons served must be notified of the confirmation. (f) Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration. Acts 1999, No. 668, § 305

(a) A child-custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for enforcement, by sending to the appropriate circuit court in this state: (1) a letter or other document requesting registration; (2) two (2) copies, including one (1) certified copy, of the determination sought to be registered, and a statement under penalty of perjury that to the best of the knowledge and belief of the person seeking registration the order has not been modified; and (3) except as otherwise provided in § 9-19-209 , the name and address of the person seeking registration and any parent or person acting as a parent who has been awarded custody or visitation in the child-custody determination sought to be registered.

(1) a letter or other document requesting registration;

(2) two (2) copies, including one (1) certified copy, of the determination sought to be registered, and a statement under penalty of perjury that to the best of the knowledge and belief of the person seeking registration the order has not been modified; and

(3) except as otherwise provided in § 9-19-209 , the name and address of the person seeking registration and any parent or person acting as a parent who has been awarded custody or visitation in the child-custody determination sought to be registered.

(b) On receipt of the documents required by subsection (a) of this section, the registering court shall: (1) cause the determination to be filed as a foreign judgment, together with one (1) copy of any accompanying documents and information, regardless of their form; and (2) serve notice upon the persons named pursuant to subdivision (a)(3) of this section and provide them with an opportunity to contest the registration in accordance with this section.

(1) cause the determination to be filed as a foreign judgment, together with one (1) copy of any accompanying documents and information, regardless of their form; and

(2) serve notice upon the persons named pursuant to subdivision (a)(3) of this section and provide them with an opportunity to contest the registration in accordance with this section.

(c) The notice required by subdivision (b)(2) of this section must state that: (1) a registered determination is enforceable as of the date of the registration in the same manner as a determination issued by a court of this state; (2) a hearing to contest the validity of the registered determination must be requested within twenty (20) days after service of notice; and (3) failure to contest the registration will result in confirmation of the child-custody determination and preclude further contest of that determination with respect to any matter that could have been asserted.

(1) a registered determination is enforceable as of the date of the registration in the same manner as a determination issued by a court of this state;

(2) a hearing to contest the validity of the registered determination must be requested within twenty (20) days after service of notice; and

(3) failure to contest the registration will result in confirmation of the child-custody determination and preclude further contest of that determination with respect to any matter that could have been asserted.

(d) A person seeking to contest the validity of a registered order must request a hearing within twenty (20) days after service of the notice. At that hearing, the court shall confirm the registered order unless the person contesting registration establishes that: (1) the issuing court did not have jurisdiction under subchapter 2 of this chapter; (2) the child-custody determination sought to be registered has been vacated, stayed, or modified by a court having jurisdiction to do so under subchapter 2 of this chapter; or (3) the person contesting registration was entitled to notice, but notice was not given in accordance with the standards of § 9-19-108 , in the proceedings before the court that issued the order for which registration is sought.

(1) the issuing court did not have jurisdiction under subchapter 2 of this chapter;

(2) the child-custody determination sought to be registered has been vacated, stayed, or modified by a court having jurisdiction to do so under subchapter 2 of this chapter; or

(3) the person contesting registration was entitled to notice, but notice was not given in accordance with the standards of § 9-19-108 , in the proceedings before the court that issued the order for which registration is sought.

(e) If a timely request for a hearing to contest the validity of the registration is not made, the registration is confirmed as a matter of law and the person requesting registration and all persons served must be notified of the confirmation.

(f) Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.

Acts 1999, No. 668, § 305
Ark. Code Ann. § 9-28-111 — AR Code / Title 9 / Chapter 28 / Subchapter 1 / Section 9-28-111
Case plans - Definition
Status: in_force

(a) The Department of Human Services shall be responsible for developing case plans in all dependency-neglect cases and in family-in-need-of-services cases when custody is transferred to the department under § 9-27-328 . The case plan shall be: (1) (A) Developed in consultation with the juvenile's parent, guardian, or custodian and, if appropriate, the juvenile, the juvenile's foster parents, the court-appointed special advocate, the juvenile's attorney ad litem, and all parties' attorneys. (B) If the parents are unwilling or unable to participate in the development of the case plan, the department shall document the parents' unwillingness or inability to participate and provide a copy of the written documentation to the parent, if available. The department shall then prepare a case plan conforming as nearly as possible with the requirements set forth in this section. (C) A parent's incarceration, by itself, does not make a parent unavailable to participate in the development of a case plan. (D) (i) The parent, guardian, or custodian and juvenile may choose additional members to be part of the case planning team. (ii) The department may reject a selected individual for good cause; (2) (A) Developed and filed with the court no later than thirty (30) days after the date the petition was filed or the juvenile was first placed out of home, whichever is sooner. (B) If the department does not have sufficient information before the adjudication hearing to complete all of the case plan, the department shall complete those parts for which information is available. (C) All parts of the case plan shall be completed and filed with the court thirty (30) days after the adjudication hearing; (3) Signed by and distributed to all parties and distributed to the juvenile's attorney ad litem, court-appointed special advocate, and foster parents, if available; and (4) (A) Subject to modification based on changing circumstances. (B) All parties to the case plan shall be notified of any substantive change to the case plan. (C) A substantive change to a case plan includes without limitation a change in the placement of the juvenile, the family time rights of any party, or the goal of the case plan. (b) When a juvenile is receiving services in the home of the parent, guardian, or custodian, the case plan shall include the requirements listed in subsection (a) of this section and: (1) A description of the problems being addressed; (2) A description of the services to be provided to the family and juvenile specifically addressing the identified problems and time frames for providing services; (3) A description of any reasonable accommodations made to parents in accordance with the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., to assure to all the parents meaningful access to reunification and family preservation services; (4) The name of an individual who the petitioner, parent, guardian, or custodian knows is claiming to be or who is named as the father or possible father of the juvenile and whose paternity of the juvenile has not been judicially determined; and (5) A description of how the health and safety of the juvenile will be protected. (c) When a juvenile is receiving services in an out-of-home placement, the case plan must include the requirements in subsections (a) and (b) of this section and: (1) (A) A description of the permanency goal. (B) If adoption is not the goal at the permanency planning and fifteenth-month hearing, the department shall document in the case plan a compelling reason why filing a petition to terminate parental rights is not in the best interest of the juvenile; (2) The specific reasons for the placement of the juvenile outside the home, including a description of the problems or conditions in the home of the parent, guardian, or custodian that required removal of the juvenile and the remediation of which will determine the return of the juvenile to the home; (3) A description of the type of out-of-home placement selected for the juvenile, including a discussion of the appropriateness of the placement; (4) A plan for addressing the needs of the juvenile while in the placement, with emphasis on the health, safety, and well-being of the juvenile, including a discussion of the services provided over the previous six (6) months; (5) (A) The specific actions to be taken by the parent, guardian, or custodian of the juvenile to eliminate or correct the identified problems or conditions and the time period during which the specific actions are to be taken. (B) The plan may include any person or agency who agrees to be responsible for the provision of social and other family services to the juvenile or the parent, guardian, or custodian of the juvenile; (6) The family time rights and obligations of the parent, guardian, or custodian and the state agency during the time period the juvenile is in the out-of-home placement; (7) The social and other family services to be provided to the parent, guardian, or custodian of the juvenile, and foster parent, if any, during the time period the juvenile is in placement and a timetable for providing the services, the purposes of which are to promote a continuous and stable living environment for the juvenile, promote family autonomy, strengthen family life when possible, and promote the reunification of the juvenile with the parent, guardian, or custodian; (8) To the extent available and accessible, the health and education records of the juvenile, under 42 U.S.C. § 675(1) ; (9) A description of the financial support obligation to the juvenile, including health insurance of the parent, parents, or guardian of the juvenile; (10) (A) A description of the location of siblings; (B) Documentation of the efforts made to place siblings removed from their home in the same placement, unless the department documents that a joint placement would be contrary to the safety or well-being of any of the siblings; and (C) Documentation of the efforts made to provide for frequent family time or other ongoing interaction between the siblings in the case of siblings removed from their home who are not placed together, unless the department documents that frequent family time or other ongoing interaction would be contrary to the safety or well-being of any of the siblings; (11) When appropriate for a juvenile sixteen (16) years of age and over, the case plan shall include a written description of the programs and services that will help the juvenile prepare for the transition from foster care to independent living; (12) A written notice to the parent or parents that failure of the parent or parents to substantially comply with the case plan may result in the termination of parental rights and that a material failure to substantially comply may result in the filing of a petition for termination of parental rights sooner than the compliance periods stated in the case plan; (13) (A) A plan for ensuring the placement of the child in foster care that takes into account the appropriateness of the current educational setting and the proximity of the school in which the child is enrolled at the time of placement, as required under § 9-27-103 [repealed]; and (B) (i) An assurance that the department has coordinated with appropriate local educational agencies to ensure that the child remains at the school where the child is enrolled at the time of placement; or (ii) If remaining at the school is not in the best interest of the child, assurances by the department and the local educational agencies to provide immediate and appropriate enrollment in a new school, with all of the educational records of the child provided to the new school; and (C) (i) An assurance that each child who has attained the minimum age for compulsory school attendance is a full-time elementary or secondary school student or has completed secondary school. (ii) For purposes of this section, "elementary or secondary school student" means, with respect to a child, that the child is: (a) Enrolled, or in the process of enrolling, in a public elementary or secondary school; (b) Home schooled under § 6-15-501 et seq.; (c) Enrolled in a private elementary or secondary school; or (d) Incapable of attending school on a full-time basis due to the medical condition of the child, and the medical condition incapability is supported by regularly updated information in the case plan; (14) The department, in conjunction with other representatives of the juvenile, shall provide the juvenile with assistance and support in developing a transition plan that is personalized at the direction of the juvenile and includes specific options on housing, health insurance, educational opportunities, local opportunities for mentors and continuing support services, and workforce supports and employment services, and is as detailed as the juvenile may elect as required under § 9-27-363 ; and (15) When a juvenile is fourteen (14) years of age or older, the juvenile shall be provided a: (A) Separate document that describes: (i) The rights of the juvenile concerning education, health, visitation, and court participation; (ii) The right to obtain a copy of a credit report each year the juvenile remains in the custody of the department at no cost to the juvenile; and (iii) The right of the juvenile to receive assistance in interpreting and resolving inaccuracies in the credit report; and (B) A signed acknowledgement by the juvenile that: (i) The juvenile has been provided with a copy of the document required under subdivision (c)(15)(A) of this section; and (ii) The department explained the rights to the juvenile in a developmentally appropriate and age-appropriate way. (d) The case plan is subject to court review and approval. (e) The participation of a parent, guardian, or custodian in the development of a case plan or the acceptance of a case plan shall not constitute an admission of dependency-neglect. Amended by Act 2023, No. 363,§ 25, eff. 8/1/2023. Amended by Act 2023, No. 363,§ 24, eff. 8/1/2023. Amended by Act 2023, No. 363,§ 23, eff. 8/1/2023. Amended by Act 2015, No. 1038,§ 7, eff. 4/4/2015 Amended by Act 2015, No. 1038,§ 6, eff. 4/4/2015 Acts 2011, No. 591, § 1

(a) The Department of Human Services shall be responsible for developing case plans in all dependency-neglect cases and in family-in-need-of-services cases when custody is transferred to the department under § 9-27-328 . The case plan shall be: (1) (A) Developed in consultation with the juvenile's parent, guardian, or custodian and, if appropriate, the juvenile, the juvenile's foster parents, the court-appointed special advocate, the juvenile's attorney ad litem, and all parties' attorneys. (B) If the parents are unwilling or unable to participate in the development of the case plan, the department shall document the parents' unwillingness or inability to participate and provide a copy of the written documentation to the parent, if available. The department shall then prepare a case plan conforming as nearly as possible with the requirements set forth in this section. (C) A parent's incarceration, by itself, does not make a parent unavailable to participate in the development of a case plan. (D) (i) The parent, guardian, or custodian and juvenile may choose additional members to be part of the case planning team. (ii) The department may reject a selected individual for good cause; (2) (A) Developed and filed with the court no later than thirty (30) days after the date the petition was filed or the juvenile was first placed out of home, whichever is sooner. (B) If the department does not have sufficient information before the adjudication hearing to complete all of the case plan, the department shall complete those parts for which information is available. (C) All parts of the case plan shall be completed and filed with the court thirty (30) days after the adjudication hearing; (3) Signed by and distributed to all parties and distributed to the juvenile's attorney ad litem, court-appointed special advocate, and foster parents, if available; and (4) (A) Subject to modification based on changing circumstances. (B) All parties to the case plan shall be notified of any substantive change to the case plan. (C) A substantive change to a case plan includes without limitation a change in the placement of the juvenile, the family time rights of any party, or the goal of the case plan.

(1) (A) Developed in consultation with the juvenile's parent, guardian, or custodian and, if appropriate, the juvenile, the juvenile's foster parents, the court-appointed special advocate, the juvenile's attorney ad litem, and all parties' attorneys. (B) If the parents are unwilling or unable to participate in the development of the case plan, the department shall document the parents' unwillingness or inability to participate and provide a copy of the written documentation to the parent, if available. The department shall then prepare a case plan conforming as nearly as possible with the requirements set forth in this section. (C) A parent's incarceration, by itself, does not make a parent unavailable to participate in the development of a case plan. (D) (i) The parent, guardian, or custodian and juvenile may choose additional members to be part of the case planning team. (ii) The department may reject a selected individual for good cause;

(A) Developed in consultation with the juvenile's parent, guardian, or custodian and, if appropriate, the juvenile, the juvenile's foster parents, the court-appointed special advocate, the juvenile's attorney ad litem, and all parties' attorneys.

(B) If the parents are unwilling or unable to participate in the development of the case plan, the department shall document the parents' unwillingness or inability to participate and provide a copy of the written documentation to the parent, if available. The department shall then prepare a case plan conforming as nearly as possible with the requirements set forth in this section.

(C) A parent's incarceration, by itself, does not make a parent unavailable to participate in the development of a case plan.

(D) (i) The parent, guardian, or custodian and juvenile may choose additional members to be part of the case planning team. (ii) The department may reject a selected individual for good cause;

(i) The parent, guardian, or custodian and juvenile may choose additional members to be part of the case planning team.

(ii) The department may reject a selected individual for good cause;

(2) (A) Developed and filed with the court no later than thirty (30) days after the date the petition was filed or the juvenile was first placed out of home, whichever is sooner. (B) If the department does not have sufficient information before the adjudication hearing to complete all of the case plan, the department shall complete those parts for which information is available. (C) All parts of the case plan shall be completed and filed with the court thirty (30) days after the adjudication hearing;

(A) Developed and filed with the court no later than thirty (30) days after the date the petition was filed or the juvenile was first placed out of home, whichever is sooner.

(B) If the department does not have sufficient information before the adjudication hearing to complete all of the case plan, the department shall complete those parts for which information is available.

(C) All parts of the case plan shall be completed and filed with the court thirty (30) days after the adjudication hearing;

(3) Signed by and distributed to all parties and distributed to the juvenile's attorney ad litem, court-appointed special advocate, and foster parents, if available; and

(4) (A) Subject to modification based on changing circumstances. (B) All parties to the case plan shall be notified of any substantive change to the case plan. (C) A substantive change to a case plan includes without limitation a change in the placement of the juvenile, the family time rights of any party, or the goal of the case plan.

(A) Subject to modification based on changing circumstances.

(B) All parties to the case plan shall be notified of any substantive change to the case plan.

(C) A substantive change to a case plan includes without limitation a change in the placement of the juvenile, the family time rights of any party, or the goal of the case plan.

(b) When a juvenile is receiving services in the home of the parent, guardian, or custodian, the case plan shall include the requirements listed in subsection (a) of this section and: (1) A description of the problems being addressed; (2) A description of the services to be provided to the family and juvenile specifically addressing the identified problems and time frames for providing services; (3) A description of any reasonable accommodations made to parents in accordance with the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., to assure to all the parents meaningful access to reunification and family preservation services; (4) The name of an individual who the petitioner, parent, guardian, or custodian knows is claiming to be or who is named as the father or possible father of the juvenile and whose paternity of the juvenile has not been judicially determined; and (5) A description of how the health and safety of the juvenile will be protected.

(1) A description of the problems being addressed;

(2) A description of the services to be provided to the family and juvenile specifically addressing the identified problems and time frames for providing services;

(3) A description of any reasonable accommodations made to parents in accordance with the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., to assure to all the parents meaningful access to reunification and family preservation services;

(4) The name of an individual who the petitioner, parent, guardian, or custodian knows is claiming to be or who is named as the father or possible father of the juvenile and whose paternity of the juvenile has not been judicially determined; and

(5) A description of how the health and safety of the juvenile will be protected.

(c) When a juvenile is receiving services in an out-of-home placement, the case plan must include the requirements in subsections (a) and (b) of this section and: (1) (A) A description of the permanency goal. (B) If adoption is not the goal at the permanency planning and fifteenth-month hearing, the department shall document in the case plan a compelling reason why filing a petition to terminate parental rights is not in the best interest of the juvenile; (2) The specific reasons for the placement of the juvenile outside the home, including a description of the problems or conditions in the home of the parent, guardian, or custodian that required removal of the juvenile and the remediation of which will determine the return of the juvenile to the home; (3) A description of the type of out-of-home placement selected for the juvenile, including a discussion of the appropriateness of the placement; (4) A plan for addressing the needs of the juvenile while in the placement, with emphasis on the health, safety, and well-being of the juvenile, including a discussion of the services provided over the previous six (6) months; (5) (A) The specific actions to be taken by the parent, guardian, or custodian of the juvenile to eliminate or correct the identified problems or conditions and the time period during which the specific actions are to be taken. (B) The plan may include any person or agency who agrees to be responsible for the provision of social and other family services to the juvenile or the parent, guardian, or custodian of the juvenile; (6) The family time rights and obligations of the parent, guardian, or custodian and the state agency during the time period the juvenile is in the out-of-home placement; (7) The social and other family services to be provided to the parent, guardian, or custodian of the juvenile, and foster parent, if any, during the time period the juvenile is in placement and a timetable for providing the services, the purposes of which are to promote a continuous and stable living environment for the juvenile, promote family autonomy, strengthen family life when possible, and promote the reunification of the juvenile with the parent, guardian, or custodian; (8) To the extent available and accessible, the health and education records of the juvenile, under 42 U.S.C. § 675(1) ; (9) A description of the financial support obligation to the juvenile, including health insurance of the parent, parents, or guardian of the juvenile; (10) (A) A description of the location of siblings; (B) Documentation of the efforts made to place siblings removed from their home in the same placement, unless the department documents that a joint placement would be contrary to the safety or well-being of any of the siblings; and (C) Documentation of the efforts made to provide for frequent family time or other ongoing interaction between the siblings in the case of siblings removed from their home who are not placed together, unless the department documents that frequent family time or other ongoing interaction would be contrary to the safety or well-being of any of the siblings; (11) When appropriate for a juvenile sixteen (16) years of age and over, the case plan shall include a written description of the programs and services that will help the juvenile prepare for the transition from foster care to independent living; (12) A written notice to the parent or parents that failure of the parent or parents to substantially comply with the case plan may result in the termination of parental rights and that a material failure to substantially comply may result in the filing of a petition for termination of parental rights sooner than the compliance periods stated in the case plan; (13) (A) A plan for ensuring the placement of the child in foster care that takes into account the appropriateness of the current educational setting and the proximity of the school in which the child is enrolled at the time of placement, as required under § 9-27-103 [repealed]; and (B) (i) An assurance that the department has coordinated with appropriate local educational agencies to ensure that the child remains at the school where the child is enrolled at the time of placement; or (ii) If remaining at the school is not in the best interest of the child, assurances by the department and the local educational agencies to provide immediate and appropriate enrollment in a new school, with all of the educational records of the child provided to the new school; and (C) (i) An assurance that each child who has attained the minimum age for compulsory school attendance is a full-time elementary or secondary school student or has completed secondary school. (ii) For purposes of this section, "elementary or secondary school student" means, with respect to a child, that the child is: (a) Enrolled, or in the process of enrolling, in a public elementary or secondary school; (b) Home schooled under § 6-15-501 et seq.; (c) Enrolled in a private elementary or secondary school; or (d) Incapable of attending school on a full-time basis due to the medical condition of the child, and the medical condition incapability is supported by regularly updated information in the case plan; (14) The department, in conjunction with other representatives of the juvenile, shall provide the juvenile with assistance and support in developing a transition plan that is personalized at the direction of the juvenile and includes specific options on housing, health insurance, educational opportunities, local opportunities for mentors and continuing support services, and workforce supports and employment services, and is as detailed as the juvenile may elect as required under § 9-27-363 ; and (15) When a juvenile is fourteen (14) years of age or older, the juvenile shall be provided a: (A) Separate document that describes: (i) The rights of the juvenile concerning education, health, visitation, and court participation; (ii) The right to obtain a copy of a credit report each year the juvenile remains in the custody of the department at no cost to the juvenile; and (iii) The right of the juvenile to receive assistance in interpreting and resolving inaccuracies in the credit report; and (B) A signed acknowledgement by the juvenile that: (i) The juvenile has been provided with a copy of the document required under subdivision (c)(15)(A) of this section; and (ii) The department explained the rights to the juvenile in a developmentally appropriate and age-appropriate way.

(1) (A) A description of the permanency goal. (B) If adoption is not the goal at the permanency planning and fifteenth-month hearing, the department shall document in the case plan a compelling reason why filing a petition to terminate parental rights is not in the best interest of the juvenile;

(A) A description of the permanency goal.

(B) If adoption is not the goal at the permanency planning and fifteenth-month hearing, the department shall document in the case plan a compelling reason why filing a petition to terminate parental rights is not in the best interest of the juvenile;

(2) The specific reasons for the placement of the juvenile outside the home, including a description of the problems or conditions in the home of the parent, guardian, or custodian that required removal of the juvenile and the remediation of which will determine the return of the juvenile to the home;

(3) A description of the type of out-of-home placement selected for the juvenile, including a discussion of the appropriateness of the placement;

(4) A plan for addressing the needs of the juvenile while in the placement, with emphasis on the health, safety, and well-being of the juvenile, including a discussion of the services provided over the previous six (6) months;

(5) (A) The specific actions to be taken by the parent, guardian, or custodian of the juvenile to eliminate or correct the identified problems or conditions and the time period during which the specific actions are to be taken. (B) The plan may include any person or agency who agrees to be responsible for the provision of social and other family services to the juvenile or the parent, guardian, or custodian of the juvenile;

(A) The specific actions to be taken by the parent, guardian, or custodian of the juvenile to eliminate or correct the identified problems or conditions and the time period during which the specific actions are to be taken.

(B) The plan may include any person or agency who agrees to be responsible for the provision of social and other family services to the juvenile or the parent, guardian, or custodian of the juvenile;

(6) The family time rights and obligations of the parent, guardian, or custodian and the state agency during the time period the juvenile is in the out-of-home placement;

(7) The social and other family services to be provided to the parent, guardian, or custodian of the juvenile, and foster parent, if any, during the time period the juvenile is in placement and a timetable for providing the services, the purposes of which are to promote a continuous and stable living environment for the juvenile, promote family autonomy, strengthen family life when possible, and promote the reunification of the juvenile with the parent, guardian, or custodian;

(8) To the extent available and accessible, the health and education records of the juvenile, under 42 U.S.C. § 675(1) ;

(9) A description of the financial support obligation to the juvenile, including health insurance of the parent, parents, or guardian of the juvenile;

(10) (A) A description of the location of siblings; (B) Documentation of the efforts made to place siblings removed from their home in the same placement, unless the department documents that a joint placement would be contrary to the safety or well-being of any of the siblings; and (C) Documentation of the efforts made to provide for frequent family time or other ongoing interaction between the siblings in the case of siblings removed from their home who are not placed together, unless the department documents that frequent family time or other ongoing interaction would be contrary to the safety or well-being of any of the siblings;

(A) A description of the location of siblings;

(B) Documentation of the efforts made to place siblings removed from their home in the same placement, unless the department documents that a joint placement would be contrary to the safety or well-being of any of the siblings; and

(C) Documentation of the efforts made to provide for frequent family time or other ongoing interaction between the siblings in the case of siblings removed from their home who are not placed together, unless the department documents that frequent family time or other ongoing interaction would be contrary to the safety or well-being of any of the siblings;

(11) When appropriate for a juvenile sixteen (16) years of age and over, the case plan shall include a written description of the programs and services that will help the juvenile prepare for the transition from foster care to independent living;

(12) A written notice to the parent or parents that failure of the parent or parents to substantially comply with the case plan may result in the termination of parental rights and that a material failure to substantially comply may result in the filing of a petition for termination of parental rights sooner than the compliance periods stated in the case plan;

(13) (A) A plan for ensuring the placement of the child in foster care that takes into account the appropriateness of the current educational setting and the proximity of the school in which the child is enrolled at the time of placement, as required under § 9-27-103 [repealed]; and (B) (i) An assurance that the department has coordinated with appropriate local educational agencies to ensure that the child remains at the school where the child is enrolled at the time of placement; or (ii) If remaining at the school is not in the best interest of the child, assurances by the department and the local educational agencies to provide immediate and appropriate enrollment in a new school, with all of the educational records of the child provided to the new school; and (C) (i) An assurance that each child who has attained the minimum age for compulsory school attendance is a full-time elementary or secondary school student or has completed secondary school. (ii) For purposes of this section, "elementary or secondary school student" means, with respect to a child, that the child is: (a) Enrolled, or in the process of enrolling, in a public elementary or secondary school; (b) Home schooled under § 6-15-501 et seq.; (c) Enrolled in a private elementary or secondary school; or (d) Incapable of attending school on a full-time basis due to the medical condition of the child, and the medical condition incapability is supported by regularly updated information in the case plan;

(A) A plan for ensuring the placement of the child in foster care that takes into account the appropriateness of the current educational setting and the proximity of the school in which the child is enrolled at the time of placement, as required under § 9-27-103 [repealed]; and

(B) (i) An assurance that the department has coordinated with appropriate local educational agencies to ensure that the child remains at the school where the child is enrolled at the time of placement; or (ii) If remaining at the school is not in the best interest of the child, assurances by the department and the local educational agencies to provide immediate and appropriate enrollment in a new school, with all of the educational records of the child provided to the new school; and

(i) An assurance that the department has coordinated with appropriate local educational agencies to ensure that the child remains at the school where the child is enrolled at the time of placement; or

(ii) If remaining at the school is not in the best interest of the child, assurances by the department and the local educational agencies to provide immediate and appropriate enrollment in a new school, with all of the educational records of the child provided to the new school; and

(C) (i) An assurance that each child who has attained the minimum age for compulsory school attendance is a full-time elementary or secondary school student or has completed secondary school. (ii) For purposes of this section, "elementary or secondary school student" means, with respect to a child, that the child is: (a) Enrolled, or in the process of enrolling, in a public elementary or secondary school; (b) Home schooled under § 6-15-501 et seq.; (c) Enrolled in a private elementary or secondary school; or (d) Incapable of attending school on a full-time basis due to the medical condition of the child, and the medical condition incapability is supported by regularly updated information in the case plan;

(i) An assurance that each child who has attained the minimum age for compulsory school attendance is a full-time elementary or secondary school student or has completed secondary school.

(ii) For purposes of this section, "elementary or secondary school student" means, with respect to a child, that the child is: (a) Enrolled, or in the process of enrolling, in a public elementary or secondary school; (b) Home schooled under § 6-15-501 et seq.; (c) Enrolled in a private elementary or secondary school; or (d) Incapable of attending school on a full-time basis due to the medical condition of the child, and the medical condition incapability is supported by regularly updated information in the case plan;

(a) Enrolled, or in the process of enrolling, in a public elementary or secondary school;

(b) Home schooled under § 6-15-501 et seq.;

(c) Enrolled in a private elementary or secondary school; or

(d) Incapable of attending school on a full-time basis due to the medical condition of the child, and the medical condition incapability is supported by regularly updated information in the case plan;

(14) The department, in conjunction with other representatives of the juvenile, shall provide the juvenile with assistance and support in developing a transition plan that is personalized at the direction of the juvenile and includes specific options on housing, health insurance, educational opportunities, local opportunities for mentors and continuing support services, and workforce supports and employment services, and is as detailed as the juvenile may elect as required under § 9-27-363 ; and

(15) When a juvenile is fourteen (14) years of age or older, the juvenile shall be provided a: (A) Separate document that describes: (i) The rights of the juvenile concerning education, health, visitation, and court participation; (ii) The right to obtain a copy of a credit report each year the juvenile remains in the custody of the department at no cost to the juvenile; and (iii) The right of the juvenile to receive assistance in interpreting and resolving inaccuracies in the credit report; and (B) A signed acknowledgement by the juvenile that: (i) The juvenile has been provided with a copy of the document required under subdivision (c)(15)(A) of this section; and (ii) The department explained the rights to the juvenile in a developmentally appropriate and age-appropriate way.

(A) Separate document that describes: (i) The rights of the juvenile concerning education, health, visitation, and court participation; (ii) The right to obtain a copy of a credit report each year the juvenile remains in the custody of the department at no cost to the juvenile; and (iii) The right of the juvenile to receive assistance in interpreting and resolving inaccuracies in the credit report; and

(i) The rights of the juvenile concerning education, health, visitation, and court participation;

(ii) The right to obtain a copy of a credit report each year the juvenile remains in the custody of the department at no cost to the juvenile; and

(iii) The right of the juvenile to receive assistance in interpreting and resolving inaccuracies in the credit report; and

(B) A signed acknowledgement by the juvenile that: (i) The juvenile has been provided with a copy of the document required under subdivision (c)(15)(A) of this section; and (ii) The department explained the rights to the juvenile in a developmentally appropriate and age-appropriate way.

(i) The juvenile has been provided with a copy of the document required under subdivision (c)(15)(A) of this section; and

(ii) The department explained the rights to the juvenile in a developmentally appropriate and age-appropriate way.

(d) The case plan is subject to court review and approval.

(e) The participation of a parent, guardian, or custodian in the development of a case plan or the acceptance of a case plan shall not constitute an admission of dependency-neglect.

Amended by Act 2023, No. 363,§ 25, eff. 8/1/2023.

Amended by Act 2023, No. 363,§ 24, eff. 8/1/2023.

Amended by Act 2023, No. 363,§ 23, eff. 8/1/2023.

Amended by Act 2015, No. 1038,§ 7, eff. 4/4/2015

Amended by Act 2015, No. 1038,§ 6, eff. 4/4/2015

Acts 2011, No. 591, § 1
Ark. Code Ann. § 9-28-409 — AR Code / Title 9 / Chapter 28 / Subchapter 4 / Section 9-28-409
Criminal record and child maltreatment checks
Status: in_force

(a) (1) Each of the following persons in a child welfare agency shall be checked with the Child Maltreatment Central Registry in his or her state of residence and any state of residence in which the person has lived for the past five (5) years and in the person's state of employment, if different, for reports of child maltreatment in compliance with policy and procedures promulgated by the Child Welfare Agency Review Board: (A) An employee having direct and unsupervised contact with children; (B) A volunteer having direct and unsupervised contact with children; (C) A foster parent and all household members fourteen (14) years of age and older, excluding children in foster care; (D) An adoptive parent and all household members fourteen (14) years of age and older, excluding children in foster care; (E) An owner having direct and unsupervised contact with children; (F) A member of the agency's board of directors having direct and unsupervised contact with children; and (G) An adult working in a childcare institution. (2) The Child Welfare Agency Review Board shall have the authority to deny a license or church-operated exemption to any applicant found to have any record of founded child maltreatment in the official record of the registry. (3) (A) Any person required to be checked under this section who is found to have any record of child maltreatment in the official record of the registry shall be reviewed by the owner or operator of the facility in consultation with the Child Welfare Agency Review Board to determine appropriate corrective action measures that would indicate, but are not limited to, training, probationary employment, or nonselection for employment. (B) The Child Welfare Agency Review Board shall also have the authority to deny a license or church-operated exemption to an applicant who continues to employ a person with any record of founded child maltreatment. (4) All persons required to be checked with the registry under this subsection shall repeat the check at a minimum of every two (2) years, including adoptive parents who reside in Arkansas pending court issuance of a final decree of adoption, at which point repeat checks shall no longer be required. (b) (1) Each of the following persons in a child welfare agency shall be checked with the Identification Bureau of the Division of Arkansas State Police to determine if the person has pleaded guilty or nolo contendere to or has been found guilty of the offenses listed in this subchapter in compliance with policy and procedures promulgated by the Child Welfare Agency Review Board: (A) An employee having direct and unsupervised contact with children; (B) A volunteer having direct and unsupervised contact with children; (C) An owner having direct and unsupervised contact with children; (D) A member of the agency's board of directors having direct and unsupervised contact with children; (E) Foster parents, house parents, and each member of the household eighteen and one-half (181/2) years of age and older, excluding children in foster care; (F) (i) Adoptive parents and each member of the household eighteen and one-half (181/2) years of age and older, excluding children in foster care. (ii) Adoptive parents and each member of the household eighteen and one-half (181/2) years of age and older, excluding children in foster care, who are not residents of Arkansas shall provide state-of-residence criminal records checks, if available; and (G) An adult working in a childcare institution. (2) A child in the custody of the Department of Human Services shall not be placed in an approved home of any foster parent or adoptive parent unless all household members eighteen and one-half (181/2) years of age and older, excluding children in foster care, have been checked with the Identification Bureau of the Division of Arkansas State Police to determine if any of the persons have pleaded guilty or nolo contendere to or been found guilty of the offenses listed in this subchapter in compliance with policy and procedures promulgated by the Child Welfare Agency Review Board at a minimum of every two (2) years. (3) (A) The owner or operator of a child welfare agency shall maintain on file, subject to inspection by the Child Welfare Agency Review Board, evidence that all persons required to be checked with the Identification Bureau of the Division of Arkansas State Police under this subsection have been approved or disqualified in accordance with the rules of the appropriate licensing or certifying agency. (B) Failure to maintain that evidence on file will be prima facie grounds to revoke the license or church-operated exemption of the owner or operator of the child welfare agency. (4) All persons required to be checked with the Division of Arkansas State Police under this subsection shall repeat the check at a minimum of every five (5) years, except that adoptive parents who reside in Arkansas shall repeat the check every two (2) years pending court issuance of a final decree of adoption, at which point repeat checks shall no longer be required. (c) (1) Each of the following persons in a child welfare agency shall have a fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulation to determine if the person has pleaded guilty or nolo contendere to or been found guilty of the offenses listed in this section: (A) An employee having direct and unsupervised contact with children; (B) A volunteer having direct and unsupervised contact with children; (C) An owner having direct and unsupervised contact with children; (D) A member of the agency's board of directors having direct and unsupervised contact with children; (E) Foster parents, house parents, and each member of the household eighteen and one-half (181/2) years of age and older, excluding children in foster care; (F) (i) Adoptive parents and each member of the household eighteen and one-half (181/2) years of age and older, excluding children in foster care. (ii) Adoptive parents and each member of the household eighteen and one-half (181/2) years of age and older, excluding children in foster care, shall not be required to have a criminal background check performed by the Federal Bureau of Investigation if: (a) The adoptive parents and each member of the household age eighteen and one-half (181/2) years of age and older, excluding children in foster care, have continuously resided in a state for at least five (5) years before the adoption; and (b) The state-of-residence criminal records check is available; and (G) An adult working in a childcare institution. (2) (A) (i) A child in the custody of the department shall not be placed in an approved home of any foster or adoptive parent unless all household members eighteen and one-half (181/2) years of age and older, excluding children in foster care, have a fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulation to determine if any of the persons has pleaded guilty or nolo contendere to or been found guilty of the offenses listed in this subchapter. (ii) A household member who turns eighteen (18) years of age has up to six (6) months from the date of his or her eighteenth birthday to have a background check completed. (B) The owner or operator of a child welfare agency shall maintain on file, subject to inspection by the Child Welfare Agency Review Board, evidence that all persons required to be checked with the Identification Bureau of the Division of Arkansas State Police under this subsection have been approved or disqualified in accordance with the rules of the appropriate licensing or certifying agency. (C) Failure to maintain that evidence on file will be prima facie grounds to revoke the license or church-operated exemption of the owner or operator of the child welfare agency. (d) (1) Each person required to have a criminal records check under this subchapter shall complete a criminal records check form developed by the department and shall sign the form that contains the following: (A) Certification that the subject of the check consents to the completion of the check; (B) Certification that the subject of the check has not pleaded guilty or nolo contendere to or been found guilty of a crime and if the subject of the check has been convicted of a crime, contains a description of the crime and the particulars of the conviction; (C) Notification that the subject of the check may challenge the accuracy and completeness of any information in any report and obtain a prompt determination as to the validity of the challenge before a final determination is made by the Child Welfare Agency Review Board with respect to his or her employment status or licensing status; (D) Notification that the subject of the check may be denied a license or exemption to operate a child welfare agency or may be denied unsupervised access to children in the care of a child welfare agency due to information obtained by the check that indicates that the subject of the check has pleaded guilty or nolo contendere to or been found guilty of or is under pending indictment for a crime listed in this subchapter; (E) Notification that any background check and the results thereof shall be handled in accordance with the requirements of Pub. L. No. 92-544; and (F) Under § 25-32-107(d) , the subject of the background check may submit an electronic signature to complete the records check. (2) The owner or operator of the child welfare agency shall submit the criminal records check form to the Division of Child Care and Early Childhood Education for the employee or volunteer, who shall not begin employment or volunteerism until the registry check and criminal records checks required under this subchapter are completed. (3) Nothing in this section shall be construed to prevent the Child Welfare Agency Review Board from denying a license or exemption to an owner or preventing an operator or employee in a child welfare agency from having unsupervised access to children by reason of the pending appeal of a criminal conviction or child maltreatment determination. (4) In the event a legible set of fingerprints as determined by the Division of Arkansas State Police and the Federal Bureau of Investigation cannot be obtained after a minimum of two (2) attempts by qualified law enforcement personnel, the Child Welfare Agency Review Board shall determine eligibility based upon a name check by the Division of Arkansas State Police and the Federal Bureau of Investigation. (5) (A) An owner or operator of a child welfare agency shall not be liable during a conditional period of service for hiring any person required to have a background check pursuant to this subchapter who may be subject to a charge of false swearing upon completion of the registry and criminal records check. (B) (i) Pursuant to this subchapter, false swearing shall occur when a person while under oath provides false information or omits information that the person knew or reasonably should have known was material. (ii) Lack of knowledge that information is material is not a defense to a charge of false swearing. (C) For purposes of this subchapter, false swearing is a Class A misdemeanor. (e) (1) A report of a pleading of guilty or nolo contendere or a finding of guilt to any charge listed in this subsection shall be: (A) Returned to the Division of Child Care and Early Childhood Education for review; and (B) Considered regardless of whether or not the record is expunged, pardoned, or otherwise sealed. (2) A person who is required to have a criminal records check under subdivision (b)(1) or subdivision (c)(1) of this section shall be absolutely and permanently prohibited from having direct and unsupervised contact with a child in the care of a child welfare agency if that person has pleaded guilty or nolo contendere to or been found guilty of any of the following offenses by any court in the State of Arkansas, of a similar offense in a court of another state, or of a similar offense by a federal court, unless the conviction is vacated or reversed: (A) Abuse of an endangered or impaired person, if felony, § 5-28-103 ; (B) Arson, § 5-38-301 ; (C) Capital murder, § 5-10-101 ; (D) Endangering the welfare of an incompetent person in the first degree, § 5-27-201 ; (E) Kidnapping, § 5-11-102 ; (F) Murder in the first degree, § 5-10-102 ; (G) Murder in the second degree, § 5-10-103 ; (H) Rape, § 5-14-103 ; (I) Sexual assault in the first degree, § 5-14-124 ; (J) Sexual assault in the second degree, § 5-14-125 ; (K) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony; and (L) Trafficking of persons, § 5-18-103 . (3) Except as provided under subdivision (f)(1) of this section, a person who is required to have a criminal records check under subdivision (b)(1) or subdivision (c)(1) of this section shall not be eligible to have direct and unsupervised contact with a child in the care of a child welfare agency if that person has pleaded guilty or nolo contendere to or been found guilty of any of the following offenses by a court in the State of Arkansas, of a similar offense in a court of another state, or of a similar offense by a federal court, unless the conviction is vacated or reversed: (A) Criminal attempt, § 5-3-201 , to commit any offenses in subdivision (e)(2) or subdivision (e)(3) of this section; (B) Criminal complicity, § 5-3-202 , to commit any offenses in subdivision (e)(2) or subdivision (e)(3) of this section; (C) Criminal conspiracy, § 5-3-401 , to commit any offenses in subdivision (e)(2) or subdivision (e)(3) of this section; (D) Criminal solicitation, § 5-3-301 , to commit any offenses in subdivision (e)(2) or subdivision (e)(3) of this section; (E) Assault in the first, second, or third degree, §§ 5-13-205 - 5-13-207 ; (F) Aggravated assault, § 5-13-204 ; (G) Aggravated assault on a family or household member, § 5-26-306 ; (H) Battery in the first, second, or third degree, §§ 5-13-201 - 5-13-203 ; (I) Breaking or entering, § 5-39-202 ; (J) Burglary, § 5-39-201 ; (K) Coercion, § 5-13-208 ; (L) Computer crimes against minors, § 5-27-601 et seq.; (M) Contributing to the delinquency of a juvenile, § 5-27-220 ; (N) Contributing to the delinquency of a minor, § 5-27-209 ; (O) Criminal impersonation, § 5-37-208 ; (P) Criminal use of a prohibited weapon, § 5-73-104 ; (Q) Communicating a death threat concerning a school employee or student, § 5-17-101 ; (R) Domestic battery in the first, second, or third degree, §§ 5-26-303 - 5-26-305 ; (S) Employing or consenting to the use of a child in a sexual performance, § 5-27-402 ; (T) Endangering the welfare of a minor in the first or second degree, §§ 5-27-205 and 5-27-206 ; (U) Endangering the welfare of an incompetent person in the second degree, § 5-27-202 ; (V) Engaging children in sexually explicit conduct for use in visual or print media, § 5-27-303 ; (W) False imprisonment in the first or second degree, §§ 5-11-103 and 5-11-104 ; (X) Felony abuse of an endangered or impaired person, § 5-28-103 ; (Y) Felony interference with a law enforcement officer, § 5-54-104 ; (Z) Felony violation of the Uniform Controlled Substance Act, § 5-64-101 et seq., § 5-64-201 et seq., § 5-64-301 et seq., § 5-64-401 et seq., and § 5-64-501 et seq.; (A)(A) Financial identity fraud, § 5-37-227 ; (B)(B) Forgery, § 5-37-201 ; (C)(C) Incest, § 5-26-202 ; (D)(D) Interference with court ordered custody, § 5-26-502 ; (E)(E) Interference with visitation, § 5-26-501 ; (F)(F) Introduction of controlled substance into the body of another person, § 5-13-210 ; (G)(G) Manslaughter, § 5-10-104 ; (H)(H) Negligent homicide, § 5-10-105 ; (I)(I) Obscene performance at a live public show, § 5-68-305 ; (J)(J) Offense of cruelty to animals, § 5-62-103 ; (K)(K) Offense of aggravated cruelty to a dog, cat, or equine, § 5-62-104 ; (L)(L) Pandering or possessing a visual or print medium depicting sexually explicit conduct involving a child, § 5-27-304 ; (M)(M) Permanent detention or restraint, § 5-11-106 ; (N)(N) Permitting abuse of a minor, § 5-27-221 ; (O)(O) Producing, directing, or promoting a sexual performance by a child, § 5-27-403 ; (P)(P) Promoting obscene materials, § 5-68-303 ; (Q)(Q) Promoting obscene performance, § 5-68-304 ; (R)(R) Promoting prostitution in the first, second, or third degree, §§ 5-70-104 - 5-70-106 ; (S)(S) Prostitution, § 5-70-102 ; (T)(T) Public display of obscenity, § 5-68-205 ; (U)(U) Resisting arrest, § 5-54-103 ; (V)(V) Robbery, § 5-12-102 ; (W)(W) Aggravated robbery, § 5-12-103 ; (X)(X) Sexual extortion, § 5-14-113 ; (Y)(Y) Sexual solicitation, § 5-70-103 ; (ZZ) Sexual offenses, § 5-14-101 et seq., except for a misdemeanor violation of sexual indecency with a child, § 5-14-110 ; (A)(A)(A) Simultaneous possession of drugs and firearms, § 5-74-106 ; (B)(B)(B) Soliciting money or property from incompetents, § 5-27-229 ; (C)(C)(C) Stalking, § 5-71-229 ; (D)(D)(D) Terroristic act, § 5-13-310 ; (E)(E)(E) Terroristic threatening, § 5-13-301 ; (F)(F)(F) Theft by receiving, § 5-36-106 ; (G)(G)(G) Theft of property, § 5-36-103 ; (H)(H)(H) Theft of public benefits, § 5-36-202 ; (I)(I)(I) Theft of services, § 5-36-104 ; (J)(J)(J) Transportation of minors for prohibited sexual conduct, § 5-27-305 ; (K)(K)(K) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ; and (L)(L)(L) Voyeurism, § 5-16-102 . (4) A former or future law of this or any other state or of the federal government that is substantially equivalent to one (1) of the offenses listed in subdivision (e)(3) of this section shall be considered as prohibiting under subdivisions (e)(2) and (3) of this section. (f) (1) A person who is required to have a criminal records check under subdivision (b)(1) or subdivision (c)(1) of this section who has pleaded guilty or nolo contendere to or been found guilty of any of the offenses listed in subdivision (e)(3) of this section shall be absolutely disqualified from being an owner, operator, volunteer, foster parent, adoptive parent, member of a child welfare agency's board of directors, or employee in a child welfare agency during the period of the person's confinement, probation, parole, or post-release supervision unless the conviction is vacated or reversed. (2) Except as provided under subdivision (f)(3) of this section, a person who has pleaded guilty or nolo contendere to or been found guilty of one (1) of the offenses listed in subdivision (e)(3) of this section shall not work in a child welfare agency unless: (A) The date of a plea of guilty or nolo contendere, or the finding of guilt for a misdemeanor offense is at least five (5) years from the date of the records check; and (B) There have been no criminal convictions or pleas of guilty or nolo contendere of any type or nature during the five-year period preceding the background check request. (3) (A) Except as provided under subdivision (f)(1) of this section, a person who is required to have a criminal records check under subdivision (b)(1) or subdivision (c)(1) of this section who has pleaded guilty or nolo contendere to or been found guilty of any of the offenses listed in subdivision (e)(3) of this section shall be presumed to be disqualified to be an owner, operator, volunteer, foster parent, adoptive parent, member of a child welfare agency's board of directors, or employee in a child welfare agency after the completion of his or her term of confinement, probation, parole, or post-release supervision unless the conviction is vacated or reversed. (B) An owner, operator, volunteer, foster parent, adoptive parent, household member of a foster parent or adoptive parent, member of any child welfare agency's board of directors, or an employee in a child welfare agency shall not petition the Child Welfare Agency Review Board unless the agency supports the petition, which can be rebutted in the following manner: (i) The applicant shall petition the Child Welfare Agency Review Board to make a determination that the applicant does not pose a risk of harm to any person; (ii) The applicant shall bear the burden of making such a showing; and (iii) (a) The Child Welfare Agency Review Board may permit an applicant to be an owner, operator, volunteer, foster parent, adoptive parent, member of an agency's board of directors, or an employee in a child welfare agency notwithstanding having pleaded guilty or nolo contendere to or been found guilty of an offense listed in this section upon making a determination that the applicant does not pose a risk of harm to any person served by the facility. (b) In making a determination, the Child Welfare Agency Review Board shall consider: (1) The nature and severity of the crime; (2) The consequences of the crime; (3) The number and frequency of the crimes; (4) The relation between the crime and the health, safety, and welfare of any person, such as the: (A) Age and vulnerability of the crime victim; (B) Harm suffered by the victim; and (C) Similarity between the victim and the persons served by a child welfare agency; (5) The time elapsed without a repeat of the same or similar event; (6) Documentation of successful completion of training or rehabilitation related to the incident; and (7) Any other information that relates to the applicant's ability to care for children or is deemed relevant. (c) The Child Welfare Agency Review Board's decision to disqualify a person from being an owner, operator, volunteer, foster parent, adoptive parent, member of a child welfare agency's board of directors, or an employee in a child welfare agency under this section shall constitute the final administrative agency action of the Child Welfare Agency Review Board and is not subject to review. (d) Information obtained from the criminal records check and the national fingerprint criminal background checks is confidential and shall not be disclosed by the department except: (1) To the members of the Child Welfare Agency Review Board during a Child Welfare Agency Review Board meeting only if no redisclosure by a Child Welfare Agency Review Board member occurs and all copies shared with the Child Welfare Agency Review Board members are returned to the department; or (2) To the applicant and his or her attorney during a Child Welfare Agency Review Board meeting only if no redisclosure by the applicant or his or her attorney occurs and all copies shared with the applicant and his or her attorney are returned to the department. Amended by Act 2023, No. 659,§ 55, eff. 1/1/2024. Amended by Act 2023, No. 659,§ 54, eff. 1/1/2024. Amended by Act 2023, No. 619,§ 11, eff. 8/1/2023. Amended by Act 2023, No. 186,§ 1, eff. 3/2/2023. Amended by Act 2021, No. 269,§ 4, eff. 7/28/2021. Amended by Act 2021, No. 269,§ 3, eff. 7/28/2021. Amended by Act 2021, No. 269,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 318,§ 3, eff. 7/24/2019. Amended by Act 2019, No. 318,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 318,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 664,§ 5, eff. 8/1/2017 Amended by Act 2017, No. 389,§ 9, eff. 8/1/2017 Amended by Act 2017, No. 367,§ 10, eff. 8/1/2017 Amended by Act 2017, No. 209,§ 5, eff. 8/1/2017 Amended by Act 2015, No. 547,§ 3, eff. 7/22/2015 Amended by Act 2015, No. 545,§ 2, eff. 7/22/2015 Amended by Act 2015, No. 861,§ 4, eff. 3/31/2015 Amended by Act 2015, No. 861,§ 3, eff. 3/31/2015 Amended by Act 2013, No. 1275,§ 8, eff. 8/16/2013 Acts 1997, No. 1041, § 9; 1999, No. 328, § 1; 2001, No. 1211, § 2; 2003, No. 1087, § 11; 2005, No. 1766, § 3; 2005, No. 1923, § 1; 2007, No. 634, § 3; 2009, No. 723, §§ 8-10; 2011, No. 522, §§ 21, 22; 2011, No. 570, § 71; 2011, No. 591, § 11

(a) (1) Each of the following persons in a child welfare agency shall be checked with the Child Maltreatment Central Registry in his or her state of residence and any state of residence in which the person has lived for the past five (5) years and in the person's state of employment, if different, for reports of child maltreatment in compliance with policy and procedures promulgated by the Child Welfare Agency Review Board: (A) An employee having direct and unsupervised contact with children; (B) A volunteer having direct and unsupervised contact with children; (C) A foster parent and all household members fourteen (14) years of age and older, excluding children in foster care; (D) An adoptive parent and all household members fourteen (14) years of age and older, excluding children in foster care; (E) An owner having direct and unsupervised contact with children; (F) A member of the agency's board of directors having direct and unsupervised contact with children; and (G) An adult working in a childcare institution. (2) The Child Welfare Agency Review Board shall have the authority to deny a license or church-operated exemption to any applicant found to have any record of founded child maltreatment in the official record of the registry. (3) (A) Any person required to be checked under this section who is found to have any record of child maltreatment in the official record of the registry shall be reviewed by the owner or operator of the facility in consultation with the Child Welfare Agency Review Board to determine appropriate corrective action measures that would indicate, but are not limited to, training, probationary employment, or nonselection for employment. (B) The Child Welfare Agency Review Board shall also have the authority to deny a license or church-operated exemption to an applicant who continues to employ a person with any record of founded child maltreatment. (4) All persons required to be checked with the registry under this subsection shall repeat the check at a minimum of every two (2) years, including adoptive parents who reside in Arkansas pending court issuance of a final decree of adoption, at which point repeat checks shall no longer be required.

(1) Each of the following persons in a child welfare agency shall be checked with the Child Maltreatment Central Registry in his or her state of residence and any state of residence in which the person has lived for the past five (5) years and in the person's state of employment, if different, for reports of child maltreatment in compliance with policy and procedures promulgated by the Child Welfare Agency Review Board: (A) An employee having direct and unsupervised contact with children; (B) A volunteer having direct and unsupervised contact with children; (C) A foster parent and all household members fourteen (14) years of age and older, excluding children in foster care; (D) An adoptive parent and all household members fourteen (14) years of age and older, excluding children in foster care; (E) An owner having direct and unsupervised contact with children; (F) A member of the agency's board of directors having direct and unsupervised contact with children; and (G) An adult working in a childcare institution.

(A) An employee having direct and unsupervised contact with children;

(B) A volunteer having direct and unsupervised contact with children;

(C) A foster parent and all household members fourteen (14) years of age and older, excluding children in foster care;

(D) An adoptive parent and all household members fourteen (14) years of age and older, excluding children in foster care;

(E) An owner having direct and unsupervised contact with children;

(F) A member of the agency's board of directors having direct and unsupervised contact with children; and

(G) An adult working in a childcare institution.

(2) The Child Welfare Agency Review Board shall have the authority to deny a license or church-operated exemption to any applicant found to have any record of founded child maltreatment in the official record of the registry.

(3) (A) Any person required to be checked under this section who is found to have any record of child maltreatment in the official record of the registry shall be reviewed by the owner or operator of the facility in consultation with the Child Welfare Agency Review Board to determine appropriate corrective action measures that would indicate, but are not limited to, training, probationary employment, or nonselection for employment. (B) The Child Welfare Agency Review Board shall also have the authority to deny a license or church-operated exemption to an applicant who continues to employ a person with any record of founded child maltreatment.

(A) Any person required to be checked under this section who is found to have any record of child maltreatment in the official record of the registry shall be reviewed by the owner or operator of the facility in consultation with the Child Welfare Agency Review Board to determine appropriate corrective action measures that would indicate, but are not limited to, training, probationary employment, or nonselection for employment.

(B) The Child Welfare Agency Review Board shall also have the authority to deny a license or church-operated exemption to an applicant who continues to employ a person with any record of founded child maltreatment.

(4) All persons required to be checked with the registry under this subsection shall repeat the check at a minimum of every two (2) years, including adoptive parents who reside in Arkansas pending court issuance of a final decree of adoption, at which point repeat checks shall no longer be required.

(b) (1) Each of the following persons in a child welfare agency shall be checked with the Identification Bureau of the Division of Arkansas State Police to determine if the person has pleaded guilty or nolo contendere to or has been found guilty of the offenses listed in this subchapter in compliance with policy and procedures promulgated by the Child Welfare Agency Review Board: (A) An employee having direct and unsupervised contact with children; (B) A volunteer having direct and unsupervised contact with children; (C) An owner having direct and unsupervised contact with children; (D) A member of the agency's board of directors having direct and unsupervised contact with children; (E) Foster parents, house parents, and each member of the household eighteen and one-half (181/2) years of age and older, excluding children in foster care; (F) (i) Adoptive parents and each member of the household eighteen and one-half (181/2) years of age and older, excluding children in foster care. (ii) Adoptive parents and each member of the household eighteen and one-half (181/2) years of age and older, excluding children in foster care, who are not residents of Arkansas shall provide state-of-residence criminal records checks, if available; and (G) An adult working in a childcare institution. (2) A child in the custody of the Department of Human Services shall not be placed in an approved home of any foster parent or adoptive parent unless all household members eighteen and one-half (181/2) years of age and older, excluding children in foster care, have been checked with the Identification Bureau of the Division of Arkansas State Police to determine if any of the persons have pleaded guilty or nolo contendere to or been found guilty of the offenses listed in this subchapter in compliance with policy and procedures promulgated by the Child Welfare Agency Review Board at a minimum of every two (2) years. (3) (A) The owner or operator of a child welfare agency shall maintain on file, subject to inspection by the Child Welfare Agency Review Board, evidence that all persons required to be checked with the Identification Bureau of the Division of Arkansas State Police under this subsection have been approved or disqualified in accordance with the rules of the appropriate licensing or certifying agency. (B) Failure to maintain that evidence on file will be prima facie grounds to revoke the license or church-operated exemption of the owner or operator of the child welfare agency. (4) All persons required to be checked with the Division of Arkansas State Police under this subsection shall repeat the check at a minimum of every five (5) years, except that adoptive parents who reside in Arkansas shall repeat the check every two (2) years pending court issuance of a final decree of adoption, at which point repeat checks shall no longer be required.

(1) Each of the following persons in a child welfare agency shall be checked with the Identification Bureau of the Division of Arkansas State Police to determine if the person has pleaded guilty or nolo contendere to or has been found guilty of the offenses listed in this subchapter in compliance with policy and procedures promulgated by the Child Welfare Agency Review Board: (A) An employee having direct and unsupervised contact with children; (B) A volunteer having direct and unsupervised contact with children; (C) An owner having direct and unsupervised contact with children; (D) A member of the agency's board of directors having direct and unsupervised contact with children; (E) Foster parents, house parents, and each member of the household eighteen and one-half (181/2) years of age and older, excluding children in foster care; (F) (i) Adoptive parents and each member of the household eighteen and one-half (181/2) years of age and older, excluding children in foster care. (ii) Adoptive parents and each member of the household eighteen and one-half (181/2) years of age and older, excluding children in foster care, who are not residents of Arkansas shall provide state-of-residence criminal records checks, if available; and (G) An adult working in a childcare institution.

(A) An employee having direct and unsupervised contact with children;

(B) A volunteer having direct and unsupervised contact with children;

(C) An owner having direct and unsupervised contact with children;

(D) A member of the agency's board of directors having direct and unsupervised contact with children;

(E) Foster parents, house parents, and each member of the household eighteen and one-half (181/2) years of age and older, excluding children in foster care;

(F) (i) Adoptive parents and each member of the household eighteen and one-half (181/2) years of age and older, excluding children in foster care. (ii) Adoptive parents and each member of the household eighteen and one-half (181/2) years of age and older, excluding children in foster care, who are not residents of Arkansas shall provide state-of-residence criminal records checks, if available; and

(i) Adoptive parents and each member of the household eighteen and one-half (181/2) years of age and older, excluding children in foster care.

(ii) Adoptive parents and each member of the household eighteen and one-half (181/2) years of age and older, excluding children in foster care, who are not residents of Arkansas shall provide state-of-residence criminal records checks, if available; and

(G) An adult working in a childcare institution.

(2) A child in the custody of the Department of Human Services shall not be placed in an approved home of any foster parent or adoptive parent unless all household members eighteen and one-half (181/2) years of age and older, excluding children in foster care, have been checked with the Identification Bureau of the Division of Arkansas State Police to determine if any of the persons have pleaded guilty or nolo contendere to or been found guilty of the offenses listed in this subchapter in compliance with policy and procedures promulgated by the Child Welfare Agency Review Board at a minimum of every two (2) years.

(3) (A) The owner or operator of a child welfare agency shall maintain on file, subject to inspection by the Child Welfare Agency Review Board, evidence that all persons required to be checked with the Identification Bureau of the Division of Arkansas State Police under this subsection have been approved or disqualified in accordance with the rules of the appropriate licensing or certifying agency. (B) Failure to maintain that evidence on file will be prima facie grounds to revoke the license or church-operated exemption of the owner or operator of the child welfare agency.

(A) The owner or operator of a child welfare agency shall maintain on file, subject to inspection by the Child Welfare Agency Review Board, evidence that all persons required to be checked with the Identification Bureau of the Division of Arkansas State Police under this subsection have been approved or disqualified in accordance with the rules of the appropriate licensing or certifying agency.

(B) Failure to maintain that evidence on file will be prima facie grounds to revoke the license or church-operated exemption of the owner or operator of the child welfare agency.

(4) All persons required to be checked with the Division of Arkansas State Police under this subsection shall repeat the check at a minimum of every five (5) years, except that adoptive parents who reside in Arkansas shall repeat the check every two (2) years pending court issuance of a final decree of adoption, at which point repeat checks shall no longer be required.

(c) (1) Each of the following persons in a child welfare agency shall have a fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulation to determine if the person has pleaded guilty or nolo contendere to or been found guilty of the offenses listed in this section: (A) An employee having direct and unsupervised contact with children; (B) A volunteer having direct and unsupervised contact with children; (C) An owner having direct and unsupervised contact with children; (D) A member of the agency's board of directors having direct and unsupervised contact with children; (E) Foster parents, house parents, and each member of the household eighteen and one-half (181/2) years of age and older, excluding children in foster care; (F) (i) Adoptive parents and each member of the household eighteen and one-half (181/2) years of age and older, excluding children in foster care. (ii) Adoptive parents and each member of the household eighteen and one-half (181/2) years of age and older, excluding children in foster care, shall not be required to have a criminal background check performed by the Federal Bureau of Investigation if: (a) The adoptive parents and each member of the household age eighteen and one-half (181/2) years of age and older, excluding children in foster care, have continuously resided in a state for at least five (5) years before the adoption; and (b) The state-of-residence criminal records check is available; and (G) An adult working in a childcare institution. (2) (A) (i) A child in the custody of the department shall not be placed in an approved home of any foster or adoptive parent unless all household members eighteen and one-half (181/2) years of age and older, excluding children in foster care, have a fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulation to determine if any of the persons has pleaded guilty or nolo contendere to or been found guilty of the offenses listed in this subchapter. (ii) A household member who turns eighteen (18) years of age has up to six (6) months from the date of his or her eighteenth birthday to have a background check completed. (B) The owner or operator of a child welfare agency shall maintain on file, subject to inspection by the Child Welfare Agency Review Board, evidence that all persons required to be checked with the Identification Bureau of the Division of Arkansas State Police under this subsection have been approved or disqualified in accordance with the rules of the appropriate licensing or certifying agency. (C) Failure to maintain that evidence on file will be prima facie grounds to revoke the license or church-operated exemption of the owner or operator of the child welfare agency.

(1) Each of the following persons in a child welfare agency shall have a fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulation to determine if the person has pleaded guilty or nolo contendere to or been found guilty of the offenses listed in this section: (A) An employee having direct and unsupervised contact with children; (B) A volunteer having direct and unsupervised contact with children; (C) An owner having direct and unsupervised contact with children; (D) A member of the agency's board of directors having direct and unsupervised contact with children; (E) Foster parents, house parents, and each member of the household eighteen and one-half (181/2) years of age and older, excluding children in foster care; (F) (i) Adoptive parents and each member of the household eighteen and one-half (181/2) years of age and older, excluding children in foster care. (ii) Adoptive parents and each member of the household eighteen and one-half (181/2) years of age and older, excluding children in foster care, shall not be required to have a criminal background check performed by the Federal Bureau of Investigation if: (a) The adoptive parents and each member of the household age eighteen and one-half (181/2) years of age and older, excluding children in foster care, have continuously resided in a state for at least five (5) years before the adoption; and (b) The state-of-residence criminal records check is available; and (G) An adult working in a childcare institution.

(A) An employee having direct and unsupervised contact with children;

(B) A volunteer having direct and unsupervised contact with children;

(C) An owner having direct and unsupervised contact with children;

(D) A member of the agency's board of directors having direct and unsupervised contact with children;

(E) Foster parents, house parents, and each member of the household eighteen and one-half (181/2) years of age and older, excluding children in foster care;

(F) (i) Adoptive parents and each member of the household eighteen and one-half (181/2) years of age and older, excluding children in foster care. (ii) Adoptive parents and each member of the household eighteen and one-half (181/2) years of age and older, excluding children in foster care, shall not be required to have a criminal background check performed by the Federal Bureau of Investigation if: (a) The adoptive parents and each member of the household age eighteen and one-half (181/2) years of age and older, excluding children in foster care, have continuously resided in a state for at least five (5) years before the adoption; and (b) The state-of-residence criminal records check is available; and

(i) Adoptive parents and each member of the household eighteen and one-half (181/2) years of age and older, excluding children in foster care.

(ii) Adoptive parents and each member of the household eighteen and one-half (181/2) years of age and older, excluding children in foster care, shall not be required to have a criminal background check performed by the Federal Bureau of Investigation if: (a) The adoptive parents and each member of the household age eighteen and one-half (181/2) years of age and older, excluding children in foster care, have continuously resided in a state for at least five (5) years before the adoption; and (b) The state-of-residence criminal records check is available; and

(a) The adoptive parents and each member of the household age eighteen and one-half (181/2) years of age and older, excluding children in foster care, have continuously resided in a state for at least five (5) years before the adoption; and

(b) The state-of-residence criminal records check is available; and

(G) An adult working in a childcare institution.

(2) (A) (i) A child in the custody of the department shall not be placed in an approved home of any foster or adoptive parent unless all household members eighteen and one-half (181/2) years of age and older, excluding children in foster care, have a fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulation to determine if any of the persons has pleaded guilty or nolo contendere to or been found guilty of the offenses listed in this subchapter. (ii) A household member who turns eighteen (18) years of age has up to six (6) months from the date of his or her eighteenth birthday to have a background check completed. (B) The owner or operator of a child welfare agency shall maintain on file, subject to inspection by the Child Welfare Agency Review Board, evidence that all persons required to be checked with the Identification Bureau of the Division of Arkansas State Police under this subsection have been approved or disqualified in accordance with the rules of the appropriate licensing or certifying agency. (C) Failure to maintain that evidence on file will be prima facie grounds to revoke the license or church-operated exemption of the owner or operator of the child welfare agency.

(A) (i) A child in the custody of the department shall not be placed in an approved home of any foster or adoptive parent unless all household members eighteen and one-half (181/2) years of age and older, excluding children in foster care, have a fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulation to determine if any of the persons has pleaded guilty or nolo contendere to or been found guilty of the offenses listed in this subchapter. (ii) A household member who turns eighteen (18) years of age has up to six (6) months from the date of his or her eighteenth birthday to have a background check completed.

(i) A child in the custody of the department shall not be placed in an approved home of any foster or adoptive parent unless all household members eighteen and one-half (181/2) years of age and older, excluding children in foster care, have a fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulation to determine if any of the persons has pleaded guilty or nolo contendere to or been found guilty of the offenses listed in this subchapter.

(ii) A household member who turns eighteen (18) years of age has up to six (6) months from the date of his or her eighteenth birthday to have a background check completed.

(B) The owner or operator of a child welfare agency shall maintain on file, subject to inspection by the Child Welfare Agency Review Board, evidence that all persons required to be checked with the Identification Bureau of the Division of Arkansas State Police under this subsection have been approved or disqualified in accordance with the rules of the appropriate licensing or certifying agency.

(C) Failure to maintain that evidence on file will be prima facie grounds to revoke the license or church-operated exemption of the owner or operator of the child welfare agency.

(d) (1) Each person required to have a criminal records check under this subchapter shall complete a criminal records check form developed by the department and shall sign the form that contains the following: (A) Certification that the subject of the check consents to the completion of the check; (B) Certification that the subject of the check has not pleaded guilty or nolo contendere to or been found guilty of a crime and if the subject of the check has been convicted of a crime, contains a description of the crime and the particulars of the conviction; (C) Notification that the subject of the check may challenge the accuracy and completeness of any information in any report and obtain a prompt determination as to the validity of the challenge before a final determination is made by the Child Welfare Agency Review Board with respect to his or her employment status or licensing status; (D) Notification that the subject of the check may be denied a license or exemption to operate a child welfare agency or may be denied unsupervised access to children in the care of a child welfare agency due to information obtained by the check that indicates that the subject of the check has pleaded guilty or nolo contendere to or been found guilty of or is under pending indictment for a crime listed in this subchapter; (E) Notification that any background check and the results thereof shall be handled in accordance with the requirements of Pub. L. No. 92-544; and (F) Under § 25-32-107(d) , the subject of the background check may submit an electronic signature to complete the records check. (2) The owner or operator of the child welfare agency shall submit the criminal records check form to the Division of Child Care and Early Childhood Education for the employee or volunteer, who shall not begin employment or volunteerism until the registry check and criminal records checks required under this subchapter are completed. (3) Nothing in this section shall be construed to prevent the Child Welfare Agency Review Board from denying a license or exemption to an owner or preventing an operator or employee in a child welfare agency from having unsupervised access to children by reason of the pending appeal of a criminal conviction or child maltreatment determination. (4) In the event a legible set of fingerprints as determined by the Division of Arkansas State Police and the Federal Bureau of Investigation cannot be obtained after a minimum of two (2) attempts by qualified law enforcement personnel, the Child Welfare Agency Review Board shall determine eligibility based upon a name check by the Division of Arkansas State Police and the Federal Bureau of Investigation. (5) (A) An owner or operator of a child welfare agency shall not be liable during a conditional period of service for hiring any person required to have a background check pursuant to this subchapter who may be subject to a charge of false swearing upon completion of the registry and criminal records check. (B) (i) Pursuant to this subchapter, false swearing shall occur when a person while under oath provides false information or omits information that the person knew or reasonably should have known was material. (ii) Lack of knowledge that information is material is not a defense to a charge of false swearing. (C) For purposes of this subchapter, false swearing is a Class A misdemeanor.

(1) Each person required to have a criminal records check under this subchapter shall complete a criminal records check form developed by the department and shall sign the form that contains the following: (A) Certification that the subject of the check consents to the completion of the check; (B) Certification that the subject of the check has not pleaded guilty or nolo contendere to or been found guilty of a crime and if the subject of the check has been convicted of a crime, contains a description of the crime and the particulars of the conviction; (C) Notification that the subject of the check may challenge the accuracy and completeness of any information in any report and obtain a prompt determination as to the validity of the challenge before a final determination is made by the Child Welfare Agency Review Board with respect to his or her employment status or licensing status; (D) Notification that the subject of the check may be denied a license or exemption to operate a child welfare agency or may be denied unsupervised access to children in the care of a child welfare agency due to information obtained by the check that indicates that the subject of the check has pleaded guilty or nolo contendere to or been found guilty of or is under pending indictment for a crime listed in this subchapter; (E) Notification that any background check and the results thereof shall be handled in accordance with the requirements of Pub. L. No. 92-544; and (F) Under § 25-32-107(d) , the subject of the background check may submit an electronic signature to complete the records check.

(A) Certification that the subject of the check consents to the completion of the check;

(B) Certification that the subject of the check has not pleaded guilty or nolo contendere to or been found guilty of a crime and if the subject of the check has been convicted of a crime, contains a description of the crime and the particulars of the conviction;

(C) Notification that the subject of the check may challenge the accuracy and completeness of any information in any report and obtain a prompt determination as to the validity of the challenge before a final determination is made by the Child Welfare Agency Review Board with respect to his or her employment status or licensing status;

(D) Notification that the subject of the check may be denied a license or exemption to operate a child welfare agency or may be denied unsupervised access to children in the care of a child welfare agency due to information obtained by the check that indicates that the subject of the check has pleaded guilty or nolo contendere to or been found guilty of or is under pending indictment for a crime listed in this subchapter;

(E) Notification that any background check and the results thereof shall be handled in accordance with the requirements of Pub. L. No. 92-544; and

(F) Under § 25-32-107(d) , the subject of the background check may submit an electronic signature to complete the records check.

(2) The owner or operator of the child welfare agency shall submit the criminal records check form to the Division of Child Care and Early Childhood Education for the employee or volunteer, who shall not begin employment or volunteerism until the registry check and criminal records checks required under this subchapter are completed.

(3) Nothing in this section shall be construed to prevent the Child Welfare Agency Review Board from denying a license or exemption to an owner or preventing an operator or employee in a child welfare agency from having unsupervised access to children by reason of the pending appeal of a criminal conviction or child maltreatment determination.

(4) In the event a legible set of fingerprints as determined by the Division of Arkansas State Police and the Federal Bureau of Investigation cannot be obtained after a minimum of two (2) attempts by qualified law enforcement personnel, the Child Welfare Agency Review Board shall determine eligibility based upon a name check by the Division of Arkansas State Police and the Federal Bureau of Investigation.

(5) (A) An owner or operator of a child welfare agency shall not be liable during a conditional period of service for hiring any person required to have a background check pursuant to this subchapter who may be subject to a charge of false swearing upon completion of the registry and criminal records check. (B) (i) Pursuant to this subchapter, false swearing shall occur when a person while under oath provides false information or omits information that the person knew or reasonably should have known was material. (ii) Lack of knowledge that information is material is not a defense to a charge of false swearing. (C) For purposes of this subchapter, false swearing is a Class A misdemeanor.

(A) An owner or operator of a child welfare agency shall not be liable during a conditional period of service for hiring any person required to have a background check pursuant to this subchapter who may be subject to a charge of false swearing upon completion of the registry and criminal records check.

(B) (i) Pursuant to this subchapter, false swearing shall occur when a person while under oath provides false information or omits information that the person knew or reasonably should have known was material. (ii) Lack of knowledge that information is material is not a defense to a charge of false swearing.

(i) Pursuant to this subchapter, false swearing shall occur when a person while under oath provides false information or omits information that the person knew or reasonably should have known was material.

(ii) Lack of knowledge that information is material is not a defense to a charge of false swearing.

(C) For purposes of this subchapter, false swearing is a Class A misdemeanor.

(e) (1) A report of a pleading of guilty or nolo contendere or a finding of guilt to any charge listed in this subsection shall be: (A) Returned to the Division of Child Care and Early Childhood Education for review; and (B) Considered regardless of whether or not the record is expunged, pardoned, or otherwise sealed. (2) A person who is required to have a criminal records check under subdivision (b)(1) or subdivision (c)(1) of this section shall be absolutely and permanently prohibited from having direct and unsupervised contact with a child in the care of a child welfare agency if that person has pleaded guilty or nolo contendere to or been found guilty of any of the following offenses by any court in the State of Arkansas, of a similar offense in a court of another state, or of a similar offense by a federal court, unless the conviction is vacated or reversed: (A) Abuse of an endangered or impaired person, if felony, § 5-28-103 ; (B) Arson, § 5-38-301 ; (C) Capital murder, § 5-10-101 ; (D) Endangering the welfare of an incompetent person in the first degree, § 5-27-201 ; (E) Kidnapping, § 5-11-102 ; (F) Murder in the first degree, § 5-10-102 ; (G) Murder in the second degree, § 5-10-103 ; (H) Rape, § 5-14-103 ; (I) Sexual assault in the first degree, § 5-14-124 ; (J) Sexual assault in the second degree, § 5-14-125 ; (K) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony; and (L) Trafficking of persons, § 5-18-103 . (3) Except as provided under subdivision (f)(1) of this section, a person who is required to have a criminal records check under subdivision (b)(1) or subdivision (c)(1) of this section shall not be eligible to have direct and unsupervised contact with a child in the care of a child welfare agency if that person has pleaded guilty or nolo contendere to or been found guilty of any of the following offenses by a court in the State of Arkansas, of a similar offense in a court of another state, or of a similar offense by a federal court, unless the conviction is vacated or reversed: (A) Criminal attempt, § 5-3-201 , to commit any offenses in subdivision (e)(2) or subdivision (e)(3) of this section; (B) Criminal complicity, § 5-3-202 , to commit any offenses in subdivision (e)(2) or subdivision (e)(3) of this section; (C) Criminal conspiracy, § 5-3-401 , to commit any offenses in subdivision (e)(2) or subdivision (e)(3) of this section; (D) Criminal solicitation, § 5-3-301 , to commit any offenses in subdivision (e)(2) or subdivision (e)(3) of this section; (E) Assault in the first, second, or third degree, §§ 5-13-205 - 5-13-207 ; (F) Aggravated assault, § 5-13-204 ; (G) Aggravated assault on a family or household member, § 5-26-306 ; (H) Battery in the first, second, or third degree, §§ 5-13-201 - 5-13-203 ; (I) Breaking or entering, § 5-39-202 ; (J) Burglary, § 5-39-201 ; (K) Coercion, § 5-13-208 ; (L) Computer crimes against minors, § 5-27-601 et seq.; (M) Contributing to the delinquency of a juvenile, § 5-27-220 ; (N) Contributing to the delinquency of a minor, § 5-27-209 ; (O) Criminal impersonation, § 5-37-208 ; (P) Criminal use of a prohibited weapon, § 5-73-104 ; (Q) Communicating a death threat concerning a school employee or student, § 5-17-101 ; (R) Domestic battery in the first, second, or third degree, §§ 5-26-303 - 5-26-305 ; (S) Employing or consenting to the use of a child in a sexual performance, § 5-27-402 ; (T) Endangering the welfare of a minor in the first or second degree, §§ 5-27-205 and 5-27-206 ; (U) Endangering the welfare of an incompetent person in the second degree, § 5-27-202 ; (V) Engaging children in sexually explicit conduct for use in visual or print media, § 5-27-303 ; (W) False imprisonment in the first or second degree, §§ 5-11-103 and 5-11-104 ; (X) Felony abuse of an endangered or impaired person, § 5-28-103 ; (Y) Felony interference with a law enforcement officer, § 5-54-104 ; (Z) Felony violation of the Uniform Controlled Substance Act, § 5-64-101 et seq., § 5-64-201 et seq., § 5-64-301 et seq., § 5-64-401 et seq., and § 5-64-501 et seq.; (A)(A) Financial identity fraud, § 5-37-227 ; (B)(B) Forgery, § 5-37-201 ; (C)(C) Incest, § 5-26-202 ; (D)(D) Interference with court ordered custody, § 5-26-502 ; (E)(E) Interference with visitation, § 5-26-501 ; (F)(F) Introduction of controlled substance into the body of another person, § 5-13-210 ; (G)(G) Manslaughter, § 5-10-104 ; (H)(H) Negligent homicide, § 5-10-105 ; (I)(I) Obscene performance at a live public show, § 5-68-305 ; (J)(J) Offense of cruelty to animals, § 5-62-103 ; (K)(K) Offense of aggravated cruelty to a dog, cat, or equine, § 5-62-104 ; (L)(L) Pandering or possessing a visual or print medium depicting sexually explicit conduct involving a child, § 5-27-304 ; (M)(M) Permanent detention or restraint, § 5-11-106 ; (N)(N) Permitting abuse of a minor, § 5-27-221 ; (O)(O) Producing, directing, or promoting a sexual performance by a child, § 5-27-403 ; (P)(P) Promoting obscene materials, § 5-68-303 ; (Q)(Q) Promoting obscene performance, § 5-68-304 ; (R)(R) Promoting prostitution in the first, second, or third degree, §§ 5-70-104 - 5-70-106 ; (S)(S) Prostitution, § 5-70-102 ; (T)(T) Public display of obscenity, § 5-68-205 ; (U)(U) Resisting arrest, § 5-54-103 ; (V)(V) Robbery, § 5-12-102 ; (W)(W) Aggravated robbery, § 5-12-103 ; (X)(X) Sexual extortion, § 5-14-113 ; (Y)(Y) Sexual solicitation, § 5-70-103 ; (ZZ) Sexual offenses, § 5-14-101 et seq., except for a misdemeanor violation of sexual indecency with a child, § 5-14-110 ; (A)(A)(A) Simultaneous possession of drugs and firearms, § 5-74-106 ; (B)(B)(B) Soliciting money or property from incompetents, § 5-27-229 ; (C)(C)(C) Stalking, § 5-71-229 ; (D)(D)(D) Terroristic act, § 5-13-310 ; (E)(E)(E) Terroristic threatening, § 5-13-301 ; (F)(F)(F) Theft by receiving, § 5-36-106 ; (G)(G)(G) Theft of property, § 5-36-103 ; (H)(H)(H) Theft of public benefits, § 5-36-202 ; (I)(I)(I) Theft of services, § 5-36-104 ; (J)(J)(J) Transportation of minors for prohibited sexual conduct, § 5-27-305 ; (K)(K)(K) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ; and (L)(L)(L) Voyeurism, § 5-16-102 . (4) A former or future law of this or any other state or of the federal government that is substantially equivalent to one (1) of the offenses listed in subdivision (e)(3) of this section shall be considered as prohibiting under subdivisions (e)(2) and (3) of this section.

(1) A report of a pleading of guilty or nolo contendere or a finding of guilt to any charge listed in this subsection shall be: (A) Returned to the Division of Child Care and Early Childhood Education for review; and (B) Considered regardless of whether or not the record is expunged, pardoned, or otherwise sealed.

(A) Returned to the Division of Child Care and Early Childhood Education for review; and

(B) Considered regardless of whether or not the record is expunged, pardoned, or otherwise sealed.

(2) A person who is required to have a criminal records check under subdivision (b)(1) or subdivision (c)(1) of this section shall be absolutely and permanently prohibited from having direct and unsupervised contact with a child in the care of a child welfare agency if that person has pleaded guilty or nolo contendere to or been found guilty of any of the following offenses by any court in the State of Arkansas, of a similar offense in a court of another state, or of a similar offense by a federal court, unless the conviction is vacated or reversed: (A) Abuse of an endangered or impaired person, if felony, § 5-28-103 ; (B) Arson, § 5-38-301 ; (C) Capital murder, § 5-10-101 ; (D) Endangering the welfare of an incompetent person in the first degree, § 5-27-201 ; (E) Kidnapping, § 5-11-102 ; (F) Murder in the first degree, § 5-10-102 ; (G) Murder in the second degree, § 5-10-103 ; (H) Rape, § 5-14-103 ; (I) Sexual assault in the first degree, § 5-14-124 ; (J) Sexual assault in the second degree, § 5-14-125 ; (K) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony; and (L) Trafficking of persons, § 5-18-103 .

(A) Abuse of an endangered or impaired person, if felony, § 5-28-103 ;

(B) Arson, § 5-38-301 ;

(C) Capital murder, § 5-10-101 ;

(D) Endangering the welfare of an incompetent person in the first degree, § 5-27-201 ;

(E) Kidnapping, § 5-11-102 ;

(F) Murder in the first degree, § 5-10-102 ;

(G) Murder in the second degree, § 5-10-103 ;

(H) Rape, § 5-14-103 ;

(I) Sexual assault in the first degree, § 5-14-124 ;

(J) Sexual assault in the second degree, § 5-14-125 ;

(K) Aggravated assault upon a law enforcement officer or an employee of a correctional facility, § 5-13-211 , if a Class Y felony; and

(L) Trafficking of persons, § 5-18-103 .

(3) Except as provided under subdivision (f)(1) of this section, a person who is required to have a criminal records check under subdivision (b)(1) or subdivision (c)(1) of this section shall not be eligible to have direct and unsupervised contact with a child in the care of a child welfare agency if that person has pleaded guilty or nolo contendere to or been found guilty of any of the following offenses by a court in the State of Arkansas, of a similar offense in a court of another state, or of a similar offense by a federal court, unless the conviction is vacated or reversed: (A) Criminal attempt, § 5-3-201 , to commit any offenses in subdivision (e)(2) or subdivision (e)(3) of this section; (B) Criminal complicity, § 5-3-202 , to commit any offenses in subdivision (e)(2) or subdivision (e)(3) of this section; (C) Criminal conspiracy, § 5-3-401 , to commit any offenses in subdivision (e)(2) or subdivision (e)(3) of this section; (D) Criminal solicitation, § 5-3-301 , to commit any offenses in subdivision (e)(2) or subdivision (e)(3) of this section; (E) Assault in the first, second, or third degree, §§ 5-13-205 - 5-13-207 ; (F) Aggravated assault, § 5-13-204 ; (G) Aggravated assault on a family or household member, § 5-26-306 ; (H) Battery in the first, second, or third degree, §§ 5-13-201 - 5-13-203 ; (I) Breaking or entering, § 5-39-202 ; (J) Burglary, § 5-39-201 ; (K) Coercion, § 5-13-208 ; (L) Computer crimes against minors, § 5-27-601 et seq.; (M) Contributing to the delinquency of a juvenile, § 5-27-220 ; (N) Contributing to the delinquency of a minor, § 5-27-209 ; (O) Criminal impersonation, § 5-37-208 ; (P) Criminal use of a prohibited weapon, § 5-73-104 ; (Q) Communicating a death threat concerning a school employee or student, § 5-17-101 ; (R) Domestic battery in the first, second, or third degree, §§ 5-26-303 - 5-26-305 ; (S) Employing or consenting to the use of a child in a sexual performance, § 5-27-402 ; (T) Endangering the welfare of a minor in the first or second degree, §§ 5-27-205 and 5-27-206 ; (U) Endangering the welfare of an incompetent person in the second degree, § 5-27-202 ; (V) Engaging children in sexually explicit conduct for use in visual or print media, § 5-27-303 ; (W) False imprisonment in the first or second degree, §§ 5-11-103 and 5-11-104 ; (X) Felony abuse of an endangered or impaired person, § 5-28-103 ; (Y) Felony interference with a law enforcement officer, § 5-54-104 ; (Z) Felony violation of the Uniform Controlled Substance Act, § 5-64-101 et seq., § 5-64-201 et seq., § 5-64-301 et seq., § 5-64-401 et seq., and § 5-64-501 et seq.; (A)(A) Financial identity fraud, § 5-37-227 ; (B)(B) Forgery, § 5-37-201 ; (C)(C) Incest, § 5-26-202 ; (D)(D) Interference with court ordered custody, § 5-26-502 ; (E)(E) Interference with visitation, § 5-26-501 ; (F)(F) Introduction of controlled substance into the body of another person, § 5-13-210 ; (G)(G) Manslaughter, § 5-10-104 ; (H)(H) Negligent homicide, § 5-10-105 ; (I)(I) Obscene performance at a live public show, § 5-68-305 ; (J)(J) Offense of cruelty to animals, § 5-62-103 ; (K)(K) Offense of aggravated cruelty to a dog, cat, or equine, § 5-62-104 ; (L)(L) Pandering or possessing a visual or print medium depicting sexually explicit conduct involving a child, § 5-27-304 ; (M)(M) Permanent detention or restraint, § 5-11-106 ; (N)(N) Permitting abuse of a minor, § 5-27-221 ; (O)(O) Producing, directing, or promoting a sexual performance by a child, § 5-27-403 ; (P)(P) Promoting obscene materials, § 5-68-303 ; (Q)(Q) Promoting obscene performance, § 5-68-304 ; (R)(R) Promoting prostitution in the first, second, or third degree, §§ 5-70-104 - 5-70-106 ; (S)(S) Prostitution, § 5-70-102 ; (T)(T) Public display of obscenity, § 5-68-205 ; (U)(U) Resisting arrest, § 5-54-103 ; (V)(V) Robbery, § 5-12-102 ; (W)(W) Aggravated robbery, § 5-12-103 ; (X)(X) Sexual extortion, § 5-14-113 ; (Y)(Y) Sexual solicitation, § 5-70-103 ; (ZZ) Sexual offenses, § 5-14-101 et seq., except for a misdemeanor violation of sexual indecency with a child, § 5-14-110 ; (A)(A)(A) Simultaneous possession of drugs and firearms, § 5-74-106 ; (B)(B)(B) Soliciting money or property from incompetents, § 5-27-229 ; (C)(C)(C) Stalking, § 5-71-229 ; (D)(D)(D) Terroristic act, § 5-13-310 ; (E)(E)(E) Terroristic threatening, § 5-13-301 ; (F)(F)(F) Theft by receiving, § 5-36-106 ; (G)(G)(G) Theft of property, § 5-36-103 ; (H)(H)(H) Theft of public benefits, § 5-36-202 ; (I)(I)(I) Theft of services, § 5-36-104 ; (J)(J)(J) Transportation of minors for prohibited sexual conduct, § 5-27-305 ; (K)(K)(K) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ; and (L)(L)(L) Voyeurism, § 5-16-102 .

(A) Criminal attempt, § 5-3-201 , to commit any offenses in subdivision (e)(2) or subdivision (e)(3) of this section;

(B) Criminal complicity, § 5-3-202 , to commit any offenses in subdivision (e)(2) or subdivision (e)(3) of this section;

(C) Criminal conspiracy, § 5-3-401 , to commit any offenses in subdivision (e)(2) or subdivision (e)(3) of this section;

(D) Criminal solicitation, § 5-3-301 , to commit any offenses in subdivision (e)(2) or subdivision (e)(3) of this section;

(E) Assault in the first, second, or third degree, §§ 5-13-205 - 5-13-207 ;

(F) Aggravated assault, § 5-13-204 ;

(G) Aggravated assault on a family or household member, § 5-26-306 ;

(H) Battery in the first, second, or third degree, §§ 5-13-201 - 5-13-203 ;

(I) Breaking or entering, § 5-39-202 ;

(J) Burglary, § 5-39-201 ;

(K) Coercion, § 5-13-208 ;

(L) Computer crimes against minors, § 5-27-601 et seq.;

(M) Contributing to the delinquency of a juvenile, § 5-27-220 ;

(N) Contributing to the delinquency of a minor, § 5-27-209 ;

(O) Criminal impersonation, § 5-37-208 ;

(P) Criminal use of a prohibited weapon, § 5-73-104 ;

(Q) Communicating a death threat concerning a school employee or student, § 5-17-101 ;

(R) Domestic battery in the first, second, or third degree, §§ 5-26-303 - 5-26-305 ;

(S) Employing or consenting to the use of a child in a sexual performance, § 5-27-402 ;

(T) Endangering the welfare of a minor in the first or second degree, §§ 5-27-205 and 5-27-206 ;

(U) Endangering the welfare of an incompetent person in the second degree, § 5-27-202 ;

(V) Engaging children in sexually explicit conduct for use in visual or print media, § 5-27-303 ;

(W) False imprisonment in the first or second degree, §§ 5-11-103 and 5-11-104 ;

(X) Felony abuse of an endangered or impaired person, § 5-28-103 ;

(Y) Felony interference with a law enforcement officer, § 5-54-104 ;

(Z) Felony violation of the Uniform Controlled Substance Act, § 5-64-101 et seq., § 5-64-201 et seq., § 5-64-301 et seq., § 5-64-401 et seq., and § 5-64-501 et seq.;

(A)(A) Financial identity fraud, § 5-37-227 ;

(B)(B) Forgery, § 5-37-201 ;

(C)(C) Incest, § 5-26-202 ;

(D)(D) Interference with court ordered custody, § 5-26-502 ;

(E)(E) Interference with visitation, § 5-26-501 ;

(F)(F) Introduction of controlled substance into the body of another person, § 5-13-210 ;

(G)(G) Manslaughter, § 5-10-104 ;

(H)(H) Negligent homicide, § 5-10-105 ;

(I)(I) Obscene performance at a live public show, § 5-68-305 ;

(J)(J) Offense of cruelty to animals, § 5-62-103 ;

(K)(K) Offense of aggravated cruelty to a dog, cat, or equine, § 5-62-104 ;

(L)(L) Pandering or possessing a visual or print medium depicting sexually explicit conduct involving a child, § 5-27-304 ;

(M)(M) Permanent detention or restraint, § 5-11-106 ;

(N)(N) Permitting abuse of a minor, § 5-27-221 ;

(O)(O) Producing, directing, or promoting a sexual performance by a child, § 5-27-403 ;

(P)(P) Promoting obscene materials, § 5-68-303 ;

(Q)(Q) Promoting obscene performance, § 5-68-304 ;

(R)(R) Promoting prostitution in the first, second, or third degree, §§ 5-70-104 - 5-70-106 ;

(S)(S) Prostitution, § 5-70-102 ;

(T)(T) Public display of obscenity, § 5-68-205 ;

(U)(U) Resisting arrest, § 5-54-103 ;

(V)(V) Robbery, § 5-12-102 ;

(W)(W) Aggravated robbery, § 5-12-103 ;

(X)(X) Sexual extortion, § 5-14-113 ;

(Y)(Y) Sexual solicitation, § 5-70-103 ;

(ZZ) Sexual offenses, § 5-14-101 et seq., except for a misdemeanor violation of sexual indecency with a child, § 5-14-110 ;

(A)(A)(A) Simultaneous possession of drugs and firearms, § 5-74-106 ;

(B)(B)(B) Soliciting money or property from incompetents, § 5-27-229 ;

(C)(C)(C) Stalking, § 5-71-229 ;

(D)(D)(D) Terroristic act, § 5-13-310 ;

(E)(E)(E) Terroristic threatening, § 5-13-301 ;

(F)(F)(F) Theft by receiving, § 5-36-106 ;

(G)(G)(G) Theft of property, § 5-36-103 ;

(H)(H)(H) Theft of public benefits, § 5-36-202 ;

(I)(I)(I) Theft of services, § 5-36-104 ;

(J)(J)(J) Transportation of minors for prohibited sexual conduct, § 5-27-305 ;

(K)(K)(K) Unlawful discharge of a firearm from a vehicle, § 5-74-107 ; and

(L)(L)(L) Voyeurism, § 5-16-102 .

(4) A former or future law of this or any other state or of the federal government that is substantially equivalent to one (1) of the offenses listed in subdivision (e)(3) of this section shall be considered as prohibiting under subdivisions (e)(2) and (3) of this section.

(f) (1) A person who is required to have a criminal records check under subdivision (b)(1) or subdivision (c)(1) of this section who has pleaded guilty or nolo contendere to or been found guilty of any of the offenses listed in subdivision (e)(3) of this section shall be absolutely disqualified from being an owner, operator, volunteer, foster parent, adoptive parent, member of a child welfare agency's board of directors, or employee in a child welfare agency during the period of the person's confinement, probation, parole, or post-release supervision unless the conviction is vacated or reversed. (2) Except as provided under subdivision (f)(3) of this section, a person who has pleaded guilty or nolo contendere to or been found guilty of one (1) of the offenses listed in subdivision (e)(3) of this section shall not work in a child welfare agency unless: (A) The date of a plea of guilty or nolo contendere, or the finding of guilt for a misdemeanor offense is at least five (5) years from the date of the records check; and (B) There have been no criminal convictions or pleas of guilty or nolo contendere of any type or nature during the five-year period preceding the background check request. (3) (A) Except as provided under subdivision (f)(1) of this section, a person who is required to have a criminal records check under subdivision (b)(1) or subdivision (c)(1) of this section who has pleaded guilty or nolo contendere to or been found guilty of any of the offenses listed in subdivision (e)(3) of this section shall be presumed to be disqualified to be an owner, operator, volunteer, foster parent, adoptive parent, member of a child welfare agency's board of directors, or employee in a child welfare agency after the completion of his or her term of confinement, probation, parole, or post-release supervision unless the conviction is vacated or reversed. (B) An owner, operator, volunteer, foster parent, adoptive parent, household member of a foster parent or adoptive parent, member of any child welfare agency's board of directors, or an employee in a child welfare agency shall not petition the Child Welfare Agency Review Board unless the agency supports the petition, which can be rebutted in the following manner: (i) The applicant shall petition the Child Welfare Agency Review Board to make a determination that the applicant does not pose a risk of harm to any person; (ii) The applicant shall bear the burden of making such a showing; and (iii) (a) The Child Welfare Agency Review Board may permit an applicant to be an owner, operator, volunteer, foster parent, adoptive parent, member of an agency's board of directors, or an employee in a child welfare agency notwithstanding having pleaded guilty or nolo contendere to or been found guilty of an offense listed in this section upon making a determination that the applicant does not pose a risk of harm to any person served by the facility. (b) In making a determination, the Child Welfare Agency Review Board shall consider: (1) The nature and severity of the crime; (2) The consequences of the crime; (3) The number and frequency of the crimes; (4) The relation between the crime and the health, safety, and welfare of any person, such as the: (A) Age and vulnerability of the crime victim; (B) Harm suffered by the victim; and (C) Similarity between the victim and the persons served by a child welfare agency; (5) The time elapsed without a repeat of the same or similar event; (6) Documentation of successful completion of training or rehabilitation related to the incident; and (7) Any other information that relates to the applicant's ability to care for children or is deemed relevant. (c) The Child Welfare Agency Review Board's decision to disqualify a person from being an owner, operator, volunteer, foster parent, adoptive parent, member of a child welfare agency's board of directors, or an employee in a child welfare agency under this section shall constitute the final administrative agency action of the Child Welfare Agency Review Board and is not subject to review. (d) Information obtained from the criminal records check and the national fingerprint criminal background checks is confidential and shall not be disclosed by the department except: (1) To the members of the Child Welfare Agency Review Board during a Child Welfare Agency Review Board meeting only if no redisclosure by a Child Welfare Agency Review Board member occurs and all copies shared with the Child Welfare Agency Review Board members are returned to the department; or (2) To the applicant and his or her attorney during a Child Welfare Agency Review Board meeting only if no redisclosure by the applicant or his or her attorney occurs and all copies shared with the applicant and his or her attorney are returned to the department.

(1) A person who is required to have a criminal records check under subdivision (b)(1) or subdivision (c)(1) of this section who has pleaded guilty or nolo contendere to or been found guilty of any of the offenses listed in subdivision (e)(3) of this section shall be absolutely disqualified from being an owner, operator, volunteer, foster parent, adoptive parent, member of a child welfare agency's board of directors, or employee in a child welfare agency during the period of the person's confinement, probation, parole, or post-release supervision unless the conviction is vacated or reversed.

(2) Except as provided under subdivision (f)(3) of this section, a person who has pleaded guilty or nolo contendere to or been found guilty of one (1) of the offenses listed in subdivision (e)(3) of this section shall not work in a child welfare agency unless: (A) The date of a plea of guilty or nolo contendere, or the finding of guilt for a misdemeanor offense is at least five (5) years from the date of the records check; and (B) There have been no criminal convictions or pleas of guilty or nolo contendere of any type or nature during the five-year period preceding the background check request.

(A) The date of a plea of guilty or nolo contendere, or the finding of guilt for a misdemeanor offense is at least five (5) years from the date of the records check; and

(B) There have been no criminal convictions or pleas of guilty or nolo contendere of any type or nature during the five-year period preceding the background check request.

(3) (A) Except as provided under subdivision (f)(1) of this section, a person who is required to have a criminal records check under subdivision (b)(1) or subdivision (c)(1) of this section who has pleaded guilty or nolo contendere to or been found guilty of any of the offenses listed in subdivision (e)(3) of this section shall be presumed to be disqualified to be an owner, operator, volunteer, foster parent, adoptive parent, member of a child welfare agency's board of directors, or employee in a child welfare agency after the completion of his or her term of confinement, probation, parole, or post-release supervision unless the conviction is vacated or reversed. (B) An owner, operator, volunteer, foster parent, adoptive parent, household member of a foster parent or adoptive parent, member of any child welfare agency's board of directors, or an employee in a child welfare agency shall not petition the Child Welfare Agency Review Board unless the agency supports the petition, which can be rebutted in the following manner: (i) The applicant shall petition the Child Welfare Agency Review Board to make a determination that the applicant does not pose a risk of harm to any person; (ii) The applicant shall bear the burden of making such a showing; and (iii) (a) The Child Welfare Agency Review Board may permit an applicant to be an owner, operator, volunteer, foster parent, adoptive parent, member of an agency's board of directors, or an employee in a child welfare agency notwithstanding having pleaded guilty or nolo contendere to or been found guilty of an offense listed in this section upon making a determination that the applicant does not pose a risk of harm to any person served by the facility. (b) In making a determination, the Child Welfare Agency Review Board shall consider: (1) The nature and severity of the crime; (2) The consequences of the crime; (3) The number and frequency of the crimes; (4) The relation between the crime and the health, safety, and welfare of any person, such as the: (A) Age and vulnerability of the crime victim; (B) Harm suffered by the victim; and (C) Similarity between the victim and the persons served by a child welfare agency; (5) The time elapsed without a repeat of the same or similar event; (6) Documentation of successful completion of training or rehabilitation related to the incident; and (7) Any other information that relates to the applicant's ability to care for children or is deemed relevant. (c) The Child Welfare Agency Review Board's decision to disqualify a person from being an owner, operator, volunteer, foster parent, adoptive parent, member of a child welfare agency's board of directors, or an employee in a child welfare agency under this section shall constitute the final administrative agency action of the Child Welfare Agency Review Board and is not subject to review. (d) Information obtained from the criminal records check and the national fingerprint criminal background checks is confidential and shall not be disclosed by the department except: (1) To the members of the Child Welfare Agency Review Board during a Child Welfare Agency Review Board meeting only if no redisclosure by a Child Welfare Agency Review Board member occurs and all copies shared with the Child Welfare Agency Review Board members are returned to the department; or (2) To the applicant and his or her attorney during a Child Welfare Agency Review Board meeting only if no redisclosure by the applicant or his or her attorney occurs and all copies shared with the applicant and his or her attorney are returned to the department.

(A) Except as provided under subdivision (f)(1) of this section, a person who is required to have a criminal records check under subdivision (b)(1) or subdivision (c)(1) of this section who has pleaded guilty or nolo contendere to or been found guilty of any of the offenses listed in subdivision (e)(3) of this section shall be presumed to be disqualified to be an owner, operator, volunteer, foster parent, adoptive parent, member of a child welfare agency's board of directors, or employee in a child welfare agency after the completion of his or her term of confinement, probation, parole, or post-release supervision unless the conviction is vacated or reversed.

(B) An owner, operator, volunteer, foster parent, adoptive parent, household member of a foster parent or adoptive parent, member of any child welfare agency's board of directors, or an employee in a child welfare agency shall not petition the Child Welfare Agency Review Board unless the agency supports the petition, which can be rebutted in the following manner: (i) The applicant shall petition the Child Welfare Agency Review Board to make a determination that the applicant does not pose a risk of harm to any person; (ii) The applicant shall bear the burden of making such a showing; and (iii) (a) The Child Welfare Agency Review Board may permit an applicant to be an owner, operator, volunteer, foster parent, adoptive parent, member of an agency's board of directors, or an employee in a child welfare agency notwithstanding having pleaded guilty or nolo contendere to or been found guilty of an offense listed in this section upon making a determination that the applicant does not pose a risk of harm to any person served by the facility. (b) In making a determination, the Child Welfare Agency Review Board shall consider: (1) The nature and severity of the crime; (2) The consequences of the crime; (3) The number and frequency of the crimes; (4) The relation between the crime and the health, safety, and welfare of any person, such as the: (A) Age and vulnerability of the crime victim; (B) Harm suffered by the victim; and (C) Similarity between the victim and the persons served by a child welfare agency; (5) The time elapsed without a repeat of the same or similar event; (6) Documentation of successful completion of training or rehabilitation related to the incident; and (7) Any other information that relates to the applicant's ability to care for children or is deemed relevant. (c) The Child Welfare Agency Review Board's decision to disqualify a person from being an owner, operator, volunteer, foster parent, adoptive parent, member of a child welfare agency's board of directors, or an employee in a child welfare agency under this section shall constitute the final administrative agency action of the Child Welfare Agency Review Board and is not subject to review. (d) Information obtained from the criminal records check and the national fingerprint criminal background checks is confidential and shall not be disclosed by the department except: (1) To the members of the Child Welfare Agency Review Board during a Child Welfare Agency Review Board meeting only if no redisclosure by a Child Welfare Agency Review Board member occurs and all copies shared with the Child Welfare Agency Review Board members are returned to the department; or (2) To the applicant and his or her attorney during a Child Welfare Agency Review Board meeting only if no redisclosure by the applicant or his or her attorney occurs and all copies shared with the applicant and his or her attorney are returned to the department.

(i) The applicant shall petition the Child Welfare Agency Review Board to make a determination that the applicant does not pose a risk of harm to any person;

(ii) The applicant shall bear the burden of making such a showing; and

(iii) (a) The Child Welfare Agency Review Board may permit an applicant to be an owner, operator, volunteer, foster parent, adoptive parent, member of an agency's board of directors, or an employee in a child welfare agency notwithstanding having pleaded guilty or nolo contendere to or been found guilty of an offense listed in this section upon making a determination that the applicant does not pose a risk of harm to any person served by the facility. (b) In making a determination, the Child Welfare Agency Review Board shall consider: (1) The nature and severity of the crime; (2) The consequences of the crime; (3) The number and frequency of the crimes; (4) The relation between the crime and the health, safety, and welfare of any person, such as the: (A) Age and vulnerability of the crime victim; (B) Harm suffered by the victim; and (C) Similarity between the victim and the persons served by a child welfare agency; (5) The time elapsed without a repeat of the same or similar event; (6) Documentation of successful completion of training or rehabilitation related to the incident; and (7) Any other information that relates to the applicant's ability to care for children or is deemed relevant. (c) The Child Welfare Agency Review Board's decision to disqualify a person from being an owner, operator, volunteer, foster parent, adoptive parent, member of a child welfare agency's board of directors, or an employee in a child welfare agency under this section shall constitute the final administrative agency action of the Child Welfare Agency Review Board and is not subject to review. (d) Information obtained from the criminal records check and the national fingerprint criminal background checks is confidential and shall not be disclosed by the department except: (1) To the members of the Child Welfare Agency Review Board during a Child Welfare Agency Review Board meeting only if no redisclosure by a Child Welfare Agency Review Board member occurs and all copies shared with the Child Welfare Agency Review Board members are returned to the department; or (2) To the applicant and his or her attorney during a Child Welfare Agency Review Board meeting only if no redisclosure by the applicant or his or her attorney occurs and all copies shared with the applicant and his or her attorney are returned to the department.

(a) The Child Welfare Agency Review Board may permit an applicant to be an owner, operator, volunteer, foster parent, adoptive parent, member of an agency's board of directors, or an employee in a child welfare agency notwithstanding having pleaded guilty or nolo contendere to or been found guilty of an offense listed in this section upon making a determination that the applicant does not pose a risk of harm to any person served by the facility.

(b) In making a determination, the Child Welfare Agency Review Board shall consider: (1) The nature and severity of the crime; (2) The consequences of the crime; (3) The number and frequency of the crimes; (4) The relation between the crime and the health, safety, and welfare of any person, such as the: (A) Age and vulnerability of the crime victim; (B) Harm suffered by the victim; and (C) Similarity between the victim and the persons served by a child welfare agency; (5) The time elapsed without a repeat of the same or similar event; (6) Documentation of successful completion of training or rehabilitation related to the incident; and (7) Any other information that relates to the applicant's ability to care for children or is deemed relevant.

(1) The nature and severity of the crime;

(2) The consequences of the crime;

(3) The number and frequency of the crimes;

(4) The relation between the crime and the health, safety, and welfare of any person, such as the: (A) Age and vulnerability of the crime victim; (B) Harm suffered by the victim; and (C) Similarity between the victim and the persons served by a child welfare agency;

(A) Age and vulnerability of the crime victim;

(B) Harm suffered by the victim; and

(C) Similarity between the victim and the persons served by a child welfare agency;

(5) The time elapsed without a repeat of the same or similar event;

(6) Documentation of successful completion of training or rehabilitation related to the incident; and

(7) Any other information that relates to the applicant's ability to care for children or is deemed relevant.

(c) The Child Welfare Agency Review Board's decision to disqualify a person from being an owner, operator, volunteer, foster parent, adoptive parent, member of a child welfare agency's board of directors, or an employee in a child welfare agency under this section shall constitute the final administrative agency action of the Child Welfare Agency Review Board and is not subject to review.

(d) Information obtained from the criminal records check and the national fingerprint criminal background checks is confidential and shall not be disclosed by the department except: (1) To the members of the Child Welfare Agency Review Board during a Child Welfare Agency Review Board meeting only if no redisclosure by a Child Welfare Agency Review Board member occurs and all copies shared with the Child Welfare Agency Review Board members are returned to the department; or (2) To the applicant and his or her attorney during a Child Welfare Agency Review Board meeting only if no redisclosure by the applicant or his or her attorney occurs and all copies shared with the applicant and his or her attorney are returned to the department.

(1) To the members of the Child Welfare Agency Review Board during a Child Welfare Agency Review Board meeting only if no redisclosure by a Child Welfare Agency Review Board member occurs and all copies shared with the Child Welfare Agency Review Board members are returned to the department; or

(2) To the applicant and his or her attorney during a Child Welfare Agency Review Board meeting only if no redisclosure by the applicant or his or her attorney occurs and all copies shared with the applicant and his or her attorney are returned to the department.

Amended by Act 2023, No. 659,§ 55, eff. 1/1/2024.

Amended by Act 2023, No. 659,§ 54, eff. 1/1/2024.

Amended by Act 2023, No. 619,§ 11, eff. 8/1/2023.

Amended by Act 2023, No. 186,§ 1, eff. 3/2/2023.

Amended by Act 2021, No. 269,§ 4, eff. 7/28/2021.

Amended by Act 2021, No. 269,§ 3, eff. 7/28/2021.

Amended by Act 2021, No. 269,§ 2, eff. 7/28/2021.

Amended by Act 2019, No. 318,§ 3, eff. 7/24/2019.

Amended by Act 2019, No. 318,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 318,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 664,§ 5, eff. 8/1/2017

Amended by Act 2017, No. 389,§ 9, eff. 8/1/2017

Amended by Act 2017, No. 367,§ 10, eff. 8/1/2017

Amended by Act 2017, No. 209,§ 5, eff. 8/1/2017

Amended by Act 2015, No. 547,§ 3, eff. 7/22/2015

Amended by Act 2015, No. 545,§ 2, eff. 7/22/2015

Amended by Act 2015, No. 861,§ 4, eff. 3/31/2015

Amended by Act 2015, No. 861,§ 3, eff. 3/31/2015

Amended by Act 2013, No. 1275,§ 8, eff. 8/16/2013

Acts 1997, No. 1041, § 9; 1999, No. 328, § 1; 2001, No. 1211, § 2; 2003, No. 1087, § 11; 2005, No. 1766, § 3; 2005, No. 1923, § 1; 2007, No. 634, § 3; 2009, No. 723, §§ 8-10; 2011, No. 522, §§ 21, 22; 2011, No. 570, § 71; 2011, No. 591, § 11
Ark. Code Ann. § 9-12-307 — AR Code / Title 9 / Chapter 12 / Subchapter 3 / Section 9-12-307
Matters that must be proved - Definition
Status: in_force

(a) To obtain a divorce, the plaintiff must prove, but need not allege, in addition to a legal cause of divorce: (1) (A) A residence in the state by either the plaintiff or defendant for sixty (60) days next before the commencement of the action and a residence in the state for three (3) full months before the final judgment granting the decree of divorce. (B) No decree of divorce, however, shall be granted until at least thirty (30) days have elapsed from the date of the filing of the complaint. (C) When personal service cannot be had upon the defendant or when the defendant fails to enter his or her appearance in the action, no decree of divorce shall be granted the plaintiff until the plaintiff has maintained an actual residence in the State of Arkansas for a period of not less than three (3) full months; (2) That the cause of action and cause of divorce occurred or existed in this state or, if out of the state, that it was a legal cause of divorce in this state, the laws of this state to govern exclusively and independently of the laws of any other state as to the cause of divorce; and (3) That the cause of divorce occurred or existed within five (5) years next before the commencement of the suit. (b) "Residence" as used in subsection (a) of this section is defined to mean actual presence, and upon proof of that the party alleging and offering the proof shall be considered domiciled in the state, and this is declared to be the legislative intent and public policy of the State of Arkansas. Civil Code, § 459; C. & M. Dig., § 3505; Acts 1931, No. 71, p. 201; Pope's Dig., § 4386; Acts 1957, No. 36; 1961, No. 146; A.S.A. 1947, §§ 34-1208, 34-1208.1; Acts 1993, No. 418, § 1; 1999, No. 97, § 1

(a) To obtain a divorce, the plaintiff must prove, but need not allege, in addition to a legal cause of divorce: (1) (A) A residence in the state by either the plaintiff or defendant for sixty (60) days next before the commencement of the action and a residence in the state for three (3) full months before the final judgment granting the decree of divorce. (B) No decree of divorce, however, shall be granted until at least thirty (30) days have elapsed from the date of the filing of the complaint. (C) When personal service cannot be had upon the defendant or when the defendant fails to enter his or her appearance in the action, no decree of divorce shall be granted the plaintiff until the plaintiff has maintained an actual residence in the State of Arkansas for a period of not less than three (3) full months; (2) That the cause of action and cause of divorce occurred or existed in this state or, if out of the state, that it was a legal cause of divorce in this state, the laws of this state to govern exclusively and independently of the laws of any other state as to the cause of divorce; and (3) That the cause of divorce occurred or existed within five (5) years next before the commencement of the suit.

(1) (A) A residence in the state by either the plaintiff or defendant for sixty (60) days next before the commencement of the action and a residence in the state for three (3) full months before the final judgment granting the decree of divorce. (B) No decree of divorce, however, shall be granted until at least thirty (30) days have elapsed from the date of the filing of the complaint. (C) When personal service cannot be had upon the defendant or when the defendant fails to enter his or her appearance in the action, no decree of divorce shall be granted the plaintiff until the plaintiff has maintained an actual residence in the State of Arkansas for a period of not less than three (3) full months;

(A) A residence in the state by either the plaintiff or defendant for sixty (60) days next before the commencement of the action and a residence in the state for three (3) full months before the final judgment granting the decree of divorce.

(B) No decree of divorce, however, shall be granted until at least thirty (30) days have elapsed from the date of the filing of the complaint.

(C) When personal service cannot be had upon the defendant or when the defendant fails to enter his or her appearance in the action, no decree of divorce shall be granted the plaintiff until the plaintiff has maintained an actual residence in the State of Arkansas for a period of not less than three (3) full months;

(2) That the cause of action and cause of divorce occurred or existed in this state or, if out of the state, that it was a legal cause of divorce in this state, the laws of this state to govern exclusively and independently of the laws of any other state as to the cause of divorce; and

(3) That the cause of divorce occurred or existed within five (5) years next before the commencement of the suit.

(b) "Residence" as used in subsection (a) of this section is defined to mean actual presence, and upon proof of that the party alleging and offering the proof shall be considered domiciled in the state, and this is declared to be the legislative intent and public policy of the State of Arkansas.

Civil Code, § 459; C. & M. Dig., § 3505; Acts 1931, No. 71, p. 201; Pope's Dig., § 4386; Acts 1957, No. 36; 1961, No. 146; A.S.A. 1947, §§ 34-1208, 34-1208.1; Acts 1993, No. 418, § 1; 1999, No. 97, § 1
Ark. Code Ann. § 9-27-369 — AR Code / Title 9 / Chapter 27 / Subchapter 3 / Section 9-27-369
Resumption of services
Status: in_force

(a) The Department of Human Services or an attorney ad litem may file a motion to resume services for a parent whose parental rights were previously terminated under this subchapter if: (1) The child: (A) Is currently in the custody of the department; (B) Is not in an adoptive placement, a pre-adoptive placement, or under another permanent placement and there is some evidence that the juvenile is not likely to achieve permanency within a reasonable period of time as viewed from the child's perspective; or (C) Was previously adopted, appointed a permanent guardian, or placed in the permanent custody of another individual and the adoption, guardianship, or custodial placement was disrupted or otherwise dissolved; and (2) (A) The order terminating the parental rights of the parent who is the subject of a motion filed under this section was entered at least three (3) years before the date on which the motion to resume services was filed. (B) The three-year waiting period may be waived if it is in the best interest of the child. (b) (1) A motion filed under this section shall identify the parent for whom services would resume. (2) A parent shall not be named as a party to a motion filed under this section. (3) The petitioner shall serve the parent who is the subject of a motion filed under this section with the motion. (4) A parent who is the subject of a motion filed under this section shall have the right to be heard at a hearing on the motion. (c) When determining whether to grant or deny a motion filed under this section, the court shall consider the: (1) Efforts made by the department to achieve adoption or other permanent placement for the child, including without limitation any barriers preventing permanency from being achieved; (2) Current status of the parent who is the subject of the motion, including without limitation the extent to which the parent has remedied any conditions that led to the termination of his or her parental rights; (3) Willingness of the parent who is the subject of the motion to participate with the services offered; and (4) Child's wishes regarding a resumption of contact, visitation, or placement with the parent who is the subject of the motion. (d) (1) A court may grant a motion filed under this section if it finds by a preponderance of the evidence that it is in the best interest of the child to resume services and establish appropriate contact or family time between the child and the parent or placement of the child with the parent. (2) If the court grants a motion filed under this section, the court: (A) (i) May order family services for the purposes of assisting reunification between the child and a fit parent who is the subject of the motion. (ii) The court may order the parent to pay for some or all of the costs associated with court-ordered family services; (B) (i) May order studies, evaluations, home studies, or post-disposition reports. (ii) A written home study on the parent who is the subject of the motion shall be submitted to the court before the court may order unsupervised visitation or placement of the juvenile with the parent. (iii) If a study, evaluation, or home study is performed before a hearing on a motion filed under subsection (a) of this section, the results of the study, evaluation, or home study shall be served on the parent, attorney ad litem, court-appointed special advocate, and any other party to the motion at least two (2) business days before the hearing; and (C) Shall schedule a review hearing every ninety (90) days until the court: (i) Finds that it is not in the best interest of the child to have contact, family time, or placement with the parent; (ii) Enters an order reinstating the rights of the parent under § 9-27-370 ; or (iii) No longer has jurisdiction over the case. (3) A staffing shall be held and a case plan developed within thirty (30) days of the date on which the order granting a motion for resumption of services under this section is entered. (e) A court may deny a motion filed under this section if the court finds by a preponderance of the evidence that the parent who is the subject of the motion engaged in conduct that interfered with the child's ability to achieve permanency. (f) The written order of the court shall be filed by the court, a party, or the attorney of a party as designated by the court and distributed to the parties within thirty (30) days of the date of the hearing on the motion to resume services or before the next hearing, whichever is sooner. Amended by Act 2023, No. 363,§ 19, eff. 8/1/2023. Amended by Act 2023, No. 363,§ 18, eff. 8/1/2023. Amended by Act 2019, No. 317,§ 1, eff. 7/24/2019. Added by Act 2017, No. 994,§ 3, eff. 8/1/2017

(a) The Department of Human Services or an attorney ad litem may file a motion to resume services for a parent whose parental rights were previously terminated under this subchapter if: (1) The child: (A) Is currently in the custody of the department; (B) Is not in an adoptive placement, a pre-adoptive placement, or under another permanent placement and there is some evidence that the juvenile is not likely to achieve permanency within a reasonable period of time as viewed from the child's perspective; or (C) Was previously adopted, appointed a permanent guardian, or placed in the permanent custody of another individual and the adoption, guardianship, or custodial placement was disrupted or otherwise dissolved; and (2) (A) The order terminating the parental rights of the parent who is the subject of a motion filed under this section was entered at least three (3) years before the date on which the motion to resume services was filed. (B) The three-year waiting period may be waived if it is in the best interest of the child.

(1) The child: (A) Is currently in the custody of the department; (B) Is not in an adoptive placement, a pre-adoptive placement, or under another permanent placement and there is some evidence that the juvenile is not likely to achieve permanency within a reasonable period of time as viewed from the child's perspective; or (C) Was previously adopted, appointed a permanent guardian, or placed in the permanent custody of another individual and the adoption, guardianship, or custodial placement was disrupted or otherwise dissolved; and

(A) Is currently in the custody of the department;

(B) Is not in an adoptive placement, a pre-adoptive placement, or under another permanent placement and there is some evidence that the juvenile is not likely to achieve permanency within a reasonable period of time as viewed from the child's perspective; or

(C) Was previously adopted, appointed a permanent guardian, or placed in the permanent custody of another individual and the adoption, guardianship, or custodial placement was disrupted or otherwise dissolved; and

(2) (A) The order terminating the parental rights of the parent who is the subject of a motion filed under this section was entered at least three (3) years before the date on which the motion to resume services was filed. (B) The three-year waiting period may be waived if it is in the best interest of the child.

(A) The order terminating the parental rights of the parent who is the subject of a motion filed under this section was entered at least three (3) years before the date on which the motion to resume services was filed.

(B) The three-year waiting period may be waived if it is in the best interest of the child.

(b) (1) A motion filed under this section shall identify the parent for whom services would resume. (2) A parent shall not be named as a party to a motion filed under this section. (3) The petitioner shall serve the parent who is the subject of a motion filed under this section with the motion. (4) A parent who is the subject of a motion filed under this section shall have the right to be heard at a hearing on the motion.

(1) A motion filed under this section shall identify the parent for whom services would resume.

(2) A parent shall not be named as a party to a motion filed under this section.

(3) The petitioner shall serve the parent who is the subject of a motion filed under this section with the motion.

(4) A parent who is the subject of a motion filed under this section shall have the right to be heard at a hearing on the motion.

(c) When determining whether to grant or deny a motion filed under this section, the court shall consider the: (1) Efforts made by the department to achieve adoption or other permanent placement for the child, including without limitation any barriers preventing permanency from being achieved; (2) Current status of the parent who is the subject of the motion, including without limitation the extent to which the parent has remedied any conditions that led to the termination of his or her parental rights; (3) Willingness of the parent who is the subject of the motion to participate with the services offered; and (4) Child's wishes regarding a resumption of contact, visitation, or placement with the parent who is the subject of the motion.

(1) Efforts made by the department to achieve adoption or other permanent placement for the child, including without limitation any barriers preventing permanency from being achieved;

(2) Current status of the parent who is the subject of the motion, including without limitation the extent to which the parent has remedied any conditions that led to the termination of his or her parental rights;

(3) Willingness of the parent who is the subject of the motion to participate with the services offered; and

(4) Child's wishes regarding a resumption of contact, visitation, or placement with the parent who is the subject of the motion.

(d) (1) A court may grant a motion filed under this section if it finds by a preponderance of the evidence that it is in the best interest of the child to resume services and establish appropriate contact or family time between the child and the parent or placement of the child with the parent. (2) If the court grants a motion filed under this section, the court: (A) (i) May order family services for the purposes of assisting reunification between the child and a fit parent who is the subject of the motion. (ii) The court may order the parent to pay for some or all of the costs associated with court-ordered family services; (B) (i) May order studies, evaluations, home studies, or post-disposition reports. (ii) A written home study on the parent who is the subject of the motion shall be submitted to the court before the court may order unsupervised visitation or placement of the juvenile with the parent. (iii) If a study, evaluation, or home study is performed before a hearing on a motion filed under subsection (a) of this section, the results of the study, evaluation, or home study shall be served on the parent, attorney ad litem, court-appointed special advocate, and any other party to the motion at least two (2) business days before the hearing; and (C) Shall schedule a review hearing every ninety (90) days until the court: (i) Finds that it is not in the best interest of the child to have contact, family time, or placement with the parent; (ii) Enters an order reinstating the rights of the parent under § 9-27-370 ; or (iii) No longer has jurisdiction over the case. (3) A staffing shall be held and a case plan developed within thirty (30) days of the date on which the order granting a motion for resumption of services under this section is entered.

(1) A court may grant a motion filed under this section if it finds by a preponderance of the evidence that it is in the best interest of the child to resume services and establish appropriate contact or family time between the child and the parent or placement of the child with the parent.

(2) If the court grants a motion filed under this section, the court: (A) (i) May order family services for the purposes of assisting reunification between the child and a fit parent who is the subject of the motion. (ii) The court may order the parent to pay for some or all of the costs associated with court-ordered family services; (B) (i) May order studies, evaluations, home studies, or post-disposition reports. (ii) A written home study on the parent who is the subject of the motion shall be submitted to the court before the court may order unsupervised visitation or placement of the juvenile with the parent. (iii) If a study, evaluation, or home study is performed before a hearing on a motion filed under subsection (a) of this section, the results of the study, evaluation, or home study shall be served on the parent, attorney ad litem, court-appointed special advocate, and any other party to the motion at least two (2) business days before the hearing; and (C) Shall schedule a review hearing every ninety (90) days until the court: (i) Finds that it is not in the best interest of the child to have contact, family time, or placement with the parent; (ii) Enters an order reinstating the rights of the parent under § 9-27-370 ; or (iii) No longer has jurisdiction over the case.

(A) (i) May order family services for the purposes of assisting reunification between the child and a fit parent who is the subject of the motion. (ii) The court may order the parent to pay for some or all of the costs associated with court-ordered family services;

(i) May order family services for the purposes of assisting reunification between the child and a fit parent who is the subject of the motion.

(ii) The court may order the parent to pay for some or all of the costs associated with court-ordered family services;

(B) (i) May order studies, evaluations, home studies, or post-disposition reports. (ii) A written home study on the parent who is the subject of the motion shall be submitted to the court before the court may order unsupervised visitation or placement of the juvenile with the parent. (iii) If a study, evaluation, or home study is performed before a hearing on a motion filed under subsection (a) of this section, the results of the study, evaluation, or home study shall be served on the parent, attorney ad litem, court-appointed special advocate, and any other party to the motion at least two (2) business days before the hearing; and

(i) May order studies, evaluations, home studies, or post-disposition reports.

(ii) A written home study on the parent who is the subject of the motion shall be submitted to the court before the court may order unsupervised visitation or placement of the juvenile with the parent.

(iii) If a study, evaluation, or home study is performed before a hearing on a motion filed under subsection (a) of this section, the results of the study, evaluation, or home study shall be served on the parent, attorney ad litem, court-appointed special advocate, and any other party to the motion at least two (2) business days before the hearing; and

(C) Shall schedule a review hearing every ninety (90) days until the court: (i) Finds that it is not in the best interest of the child to have contact, family time, or placement with the parent; (ii) Enters an order reinstating the rights of the parent under § 9-27-370 ; or (iii) No longer has jurisdiction over the case.

(i) Finds that it is not in the best interest of the child to have contact, family time, or placement with the parent;

(ii) Enters an order reinstating the rights of the parent under § 9-27-370 ; or

(iii) No longer has jurisdiction over the case.

(3) A staffing shall be held and a case plan developed within thirty (30) days of the date on which the order granting a motion for resumption of services under this section is entered.

(e) A court may deny a motion filed under this section if the court finds by a preponderance of the evidence that the parent who is the subject of the motion engaged in conduct that interfered with the child's ability to achieve permanency.

(f) The written order of the court shall be filed by the court, a party, or the attorney of a party as designated by the court and distributed to the parties within thirty (30) days of the date of the hearing on the motion to resume services or before the next hearing, whichever is sooner.

Amended by Act 2023, No. 363,§ 19, eff. 8/1/2023.

Amended by Act 2023, No. 363,§ 18, eff. 8/1/2023.

Amended by Act 2019, No. 317,§ 1, eff. 7/24/2019.

Added by Act 2017, No. 994,§ 3, eff. 8/1/2017