Arkansas Code of 1987 (2023) › Title 9 - FAMILY LAW (§§ 9-2-101 — 9-34-204) › Subtitle 3 - MINORS (§§ 9-25-101 — 9-34-204) › Chapter 28 - PLACEMENT OR DETENTION (§§ 9-28-101 — 9-28-1304) › Subchapter 4 - CHILD WELFARE AGENCY LICENSING ACT (§§ 9-28-401 — 9-28-416) › Section 9-28-406 - Department enforcement duties

(a)
(1)
The Department of Human Services shall advise the Child Welfare Agency Review Board regarding proposed rules.
(2)
The department shall obtain comments from the board prior to initiating the rule promulgation process.
(b)
(1)
The board is authorized to make an inspection and investigation of any proposed or operating child welfare agency and of any personnel connected with that agency to the extent that an inspection and investigation are necessary to determine whether the child welfare agency will be or is being operated in accordance with this subchapter and the rules promulgated by the board.
(2)
The board may delegate this authority to any agencies of the State of Arkansas whom the board deems proper.
(c)
(1)
The department or any other public agency having authority or responsibility with respect to child maltreatment shall have the authority to investigate any alleged or suspected child maltreatment in any child welfare agency, whether licensed or exempt.
(2)
Nothing contained in this section shall be construed to limit or restrict that authority.
(d)
(1)
The department shall assist licensees and applicants in complying with published rules by issuing advisory opinions regarding matters of rule compliance when so requested.
(2)
The procedure for issuing advisory opinions shall be as follows:
(A)
(i)
Any licensee or applicant for a license may submit a written request for an advisory opinion on whether or not a practice in any planned or existing child welfare agency complies with the rules promulgated pursuant to this subchapter.
(ii)
The department must respond to the request in writing within twenty (20) business days of receiving the request.
(iii)
If the department's response is that the subject of the request would not comply with published standards, the department shall suggest an alternative practice that in its opinion would comply with published standards when it is possible to do so; and
(B)
(i)
A written opinion required in subdivision (d)(2)(A) of this section is binding on the department as a declaratory order if the applicant or licensee has acted in reliance on the opinion.
(ii)
Notwithstanding the foregoing, in no event shall the advisory opinion be binding on the board if the compliance issue that is the subject of the advisory opinion is presented to the board for review.
(e)
(1)
The department shall inspect child welfare agencies as provided in this subsection.
(2)
If the department finds that a child welfare agency has failed to comply with an applicable law or rule, the department shall issue a notice of noncompliance to the child welfare agency. The department's notice of noncompliance shall contain:
(A)
A factual description of the conditions that constitute a violation of the law or rule;
(B)
The specific law or rule violated; and
(C)
A reasonable time frame within which the violation must be corrected.
(3)
(A)
(i)
If the child welfare agency believes that the contents of the department's notice of noncompliance are in error, the child welfare agency may ask licensing authorities to reconsider the parts of the notice of noncompliance that are alleged to be in error.
(ii)
The request for reconsideration must be in writing, delivered by certified mail within twenty (20) business days of receipt of the notice of noncompliance.
(iii)
The request shall specify the parts of the notice of noncompliance that are alleged to be in error, explaining why they are in error, and include documentation to support the allegation of error.
(B)
(i)
The department shall render a decision on the request for reconsideration within twenty (20) working days after the date the request for reconsideration was received.
(ii)
The licensee's request for reconsideration and supporting documentation shall be retained by the department and made a part of the licensee's record.
(4)
(A)
If upon reinspection or other acceptable means of verification, the department finds that the licensee has corrected the violation or violations specified in the notice of noncompliance, the department shall note the correction and the date the correction was verified in the licensee's record.
(B)
If upon reinspection, the department finds that the licensee has not corrected the violations specified in the notice of noncompliance within the required time frame, the department may in its discretion petition the board to impose appropriate adverse action against the licensee.
(C)
In the case of an applicant for a license, if the board or its designee finds that the applicant has not corrected the violations in a previously issued notice of noncompliance, the department may recommend denial of the application for a child welfare agency license.
Amended by Act 2019, No. 315,§ 729, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 728, eff. 7/24/2019.
Amended by Act 2013, No. 1275,§ 3, eff. 8/16/2013
Acts 1997, No. 1041, § 6; 2011, No. 522, § 15