Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 15 - Children and Family Services › Rule 016.15.19-009 - Permanency Efforts for Children in Foster Care

Current through Register Vol. 49, No. 6, June, 2024
VI.
SERVICES TO REUNIFY
			 FAMILIES
POLICY VI-A: OUT-OF-HOME PLACEMENT CRITERIA
01/2020
The state of Arkansas is not a voluntary placement state. The
				removal of a child from his or her home must occur pursuant to a judicial order
				placing custody of the child with the Department. After the Department removes
				the child or the court grants custody of the child to the Department, the child
				shall be placed in a licensed or approved foster home, shelter, facility, or an
				exempt child welfare agency as defined at A.C.A. §
									9-28-402.
When a child is in the custody of the Department of Human
				Services, DCFS shall ensure that the out-of-home placement is in the best
				interest of the child, is the least restrictive possible, is matched to the
				child's physical and therapeutic needs (e.g., caretakers have the skills and
				training sufficient to meet the child's individual needs), and is close in
				proximity to the child's parents and the child's school. All efforts to place a
				child within Arkansas shall be thoroughly explored and documented before
				consideration is given to out-of-state placement.
If the biological parent expresses a preference for placing a
				child in a home of the same or similar religious background to the biological
				parents, the Division will place the child with a family that meets the genetic
				parent's religious background. If a family with the same or similar religious
				background is not available, the Division will place the child with a family of
				a different religious background but that is knowledgeable and appreciative of
				the child's religious background.
When it is in the best interest of each of the children, the
				Department shall attempt to place siblings together while in out-of-home
				placements. Siblings include those individuals who would be considered a
				sibling under state/tribal law if it were not for the disruption in parental
				rights, such as a termination of parental rights or death of a parent. When it
				is in the best interest of each of the children, the Department shall attempt
				to place together infants with minor mothers who are in foster care.
The state shall check all appropriate child abuse and neglect
				registries for information on any prospective foster or adoptive parent and any
				household member age fourteen (14) and up living in the home before the
				prospective parent may be finally approved for placement of that child. This
				will be done regardless of whether foster care maintenance payments or adoption
				assistance payments are to be made on behalf of the child. The state shall also
				request any other state in which a prospective parent or any household member
				age fourteen (14) and up has resided in the preceding five (5) years to check
				any child abuse and neglect registry it maintains for such information. The
				state will comply with any request received from another state to check its own
				child abuse and neglect registry.
In addition, 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 (18) and one-half years of age and older, excluding
				children in foster care, have had an Arkansas State Police Criminal Record
				Check.
A child in the custody of the Department shall also not be
				placed in an approved home of any foster or adoptive parent unless all
				household members eighteen (18) and one-half years of age and older, excluding
				children in foster care, have a fingerprint-based FBI Criminal Background
				Check.
No child shall be placed in the home of a foster parent where a
				records check reveals a felony conviction for child abuse or neglect, for
				spousal abuse or domestic battery, for a crime against children (including
				child pornography), or a crime involving violence, including rape, sexual
				assault, or homicide. No child shall be placed in the home of a foster parent
				if the record check reveals a criminal conviction for physical assault,
				battery, or a drug related offense, if the offense was committed within the
				past five (5) years. The placement decision shall be based on an individual
				assessment of the child's needs.
In all custodial placements by DCFS, preferential consideration
				will be given to an adult relative over a nonrelated caregiver if the relative
				caregiver meets all relevant child protection standards and it is in the best
				interest of the child to be placed with the relative caregiver. All potential
				out-of-state relative placements will be given the same opportunity as in-state
				relative placements to choose to become foster homes.
In order to assist in placing the child with an appropriate
				relative, the court will order the parent(s) to provide the necessary
				information to the Department to locate appropriate relatives:
A. The names, addresses, and phone numbers of
			 any relatives who may be placement resources for the child;
B. The names, addresses, and phone numbers
			 and other identifying information on any putative father(s) of the
			 child;
C. Any information regarding
			 possible membership or descent from an Indian tribe;
D. Information necessary to determine
			 financial eligibility for services or foster care.
If the relative meets all relevant child protection standards
				and it is in the child's best interest to be placed with the relative
				caregiver, the FSW shall discuss with the relative the following two (2)
				options for placement of the child in the relative's home:
A. The relative becoming a DCFS provisional
			 foster home prior to becoming a regular DCFS foster home (if the relative opts
			 to have his or her home opened as a provisional foster home, the relative shall
			 not be paid a board payment until the relative is opened as a regular foster
			 home); or,
B. The relative
			 obtaining legal custody of the child.
For more information on these placement options, refer to
				Policy VI-B: Consideration of Relatives and Fictive Kin for Children in Foster
				Care.
Fictive kin to the child may be an appropriate placement option
				for a child provided the individual meets all relevant child protection
				standards and it is in the child's best interest to be placed with fictive kin.
				Fictive kin are defined as persons not related by blood or marriage but who
				have a strong, positive emotional tie to the child, and have a positive role in
				the child's life such as, godparents, neighbors, or family friends. If an
				appropriate fictive kin is identified as a placement option for a child, the
				FSW shall discuss with the fictive kin the following two (2) options for
				placement of the child in the fictive kin's home:
A. The fictive kin becoming a DCFS
			 provisional foster home prior to becoming a regular DCFS foster home (if the
			 fictive kin opts to have his or her home opened as a provisional foster home,
			 the fictive kin shall not be paid a board payment until the fictive kin is
			 opened as a regular foster home); or,
B. The fictive kin obtaining legal custody of
			 the child.
The child shall remain in a licensed or approved foster home,
				shelter, or facility, or an exempt child welfare agency as defined at A.C.A.
				§
									9-28-402(12),
				until:
A. The relative or fictive
			 kin's home is opened as a provisional foster home or regular foster home;
			 or,
B. The court grants custody of
			 the child to the relative or fictive kin after a written approved home study is
			 presented to the court.
Placement or custody of a child in the home of a relative or
				other person shall not relieve the Department of its responsibility to actively
				implement the goal of the case.
The court may order a child to remain in a placement if the
				court finds the placement is in the best interest of the child (with the
				exception that the court shall not order a child to remain in a placement in a
				foster home that has been closed or suspended by a child placement agency)
				after hearing evidence from all parties. The court shall not specify a
				particular provider for placement or family services, when DHS is the payer or
				provider; however, the court may order a child to be placed into a licensed
				approved placement (i.e., no child shall be placed in a foster home that has
				been closed or suspended by a child placement agency) after a hearing where the
				court makes a finding that it is in the best interest of the child based on
				bona fide consideration of evidence and recommendations from all the
				parties.
If the court orders a child to be placed into a licensed
				approved placement as outlined above, a IV-E eligible child may still remain
				IV-E claimable. However, if the court orders a child into a specific placement
				and it is determined that the court did not make a finding based on bona fide
				consideration of evidence and recommendations from all parties a IV-E eligible
				child's IV-E claimability may be affected.
If the health or welfare of a child is in immediate danger
				while in a court-ordered placement, the Division may immediately remove the
				child from the court-ordered placement. If the Division must move a child from
				a court-ordered placement due to the health or welfare of a child being in
				immediate danger, the Division shall notify all parties within twenty-four (24)
				hours of the change in placement. Regarding this type of placement change, a
				hearing may be requested by a party to the case, and the hearing shall be held
				within five (5) business days of receiving the request.
In all cases in which family services are ordered, the court
				shall determine the parent's, guardian's, or custodian's ability to pay, in
				whole or in part, for these services. This determination and the evidence
				supporting it shall be made in writing in the court order ordering family
				services. If the court determines that the parent, guardian, or custodian is
				able to pay, in whole or part, for the services, the court shall enter a
				written order setting forth the amounts the parent, guardian, or custodian can
				pay for the family services ordered and ordering the parent, guardian, or
				custodian to pay the amount periodically to the provider from whom family
				services are received. If a child is committed to a youth services center or
				detained in a juvenile detention facility and is covered by private health
				insurance, the court may order the parent or guardian to provide information on
				the health insurance coverage (including a copy of the health insurance policy
				and pharmacy card when available) to the detention or youth services
				center.
A child of a parent who is in DHS custody, is also considered a
				dependent juvenile and is eligible to receive foster care maintenance payments
				and is deemed to be a recipient of aid to families with dependent children.
				Titles XIX and XX services will be available to the child in the state in which
				the child resides.
Children who are in the custody of the Department shall be
				allowed trial home placements with parents, for a period not to exceed sixty
				(60) days, except as approved by the Department, and in any event not to exceed
				six (6) months. This includes trial home placements with the juvenile's
				parent(s) from whom custody was removed (or other person from whom custody was
				removed). The Department values child safety and will not place any child in
				trial home placement unless safety factors have been mitigated and sixty (60)
				days is the intended maximum trial home placement. Use of trial home placement
				for a period exceeding sixty (60) days will be reserved for extenuating
				circumstances. At the end of the sixty (60) days, unless an extension is
				requested by the Department for good cause, the court shall either place
				custody of the child with the parent, or the Department shall return the child
				to a licensed or approved foster home, shelter, or facility, or an exempt child
				welfare agency as defined in A.C.A. §
										9-28-402.
When a child leaves the custody of the Department and the court
				grants custody to the parent or another person, the Department is no longer the
				legal custodian of the child, even if the Juvenile Division of Circuit Court
				retains jurisdiction.
POLICY VI-B: CONSIDERATION OF RELATIVES AND FICTIVE KIN
				FOR CHILDREN IN FOSTER CARE
01/2020
The Division of Children and Family Services (DCFS) believes
				that safe and appropriate relatives and fictive kin are the best placements for
				children who must be removed from their homes to ensure safety. Research
				confirms that children in foster care fare much better when placed with
				relatives and fictive kin than in traditional foster homes or other placement
				settings. Placement with relatives and fictive kin helps to minimize trauma,
				improve well-being, and increase permanency for children in foster care. DCFS
				will strive to ensure that a child's first placement is with a relative or
				fictive kin if at all possible.
"Relative" means a person within the fifth degree of kinship to
				the child or at least one of the children in a sibling group, including
				step-siblings and half-siblings, by virtue of blood or adoption. In all
				custodial placements by the Department of Human Services in foster care or
				adoption, preferential consideration shall be given to an adult relative over a
				nonrelated caregiver if the relative caregiver meets all relevant child
				protection standards and it is in the best interest of the child to be placed
				with the relative caregiver.
When considering placement options for a child in foster care,
				relative includes non-custodial parents as parents are presumed to be the most
				appropriate caregiver for a child unless evidence to the contrary is presented.
				When a child enters foster care, the Department will immediately evaluate the
				appropriateness of non-custodial parents for trial home placement of their
				child.
When a non-custodial parent is not an immediate placement
				option, the Department will seek other relatives as potential caregivers in an
				effort to preserve the bond between the child and family. The Department will
				discuss with a relative (who is not the non-custodial parent) the following two
				(2) options for placement of the juvenile in the relative's home:
A. The relative becoming a DHS provisional
			 foster home prior to becoming a regular foster home; or
B. The relative obtaining legal custody of
			 the juvenile.
Per A.C.A. §
									9-27-354,
				placement or custody of a juvenile in the home of a relative shall not relieve
				the Department of its responsibility to actively implement the goal of the
				case.
"Fictive kin" means a person not related to a child by blood or
				marriage, but who has a strong, positive, emotional tie to a child and has a
				positive role in a child's life. If there are no available or appropriate
				relatives within the fifth degree of kinship to the child, then DCFS will
				attempt to identify appropriate fictive kin, to include people beyond the fifth
				degree of kinship by virtue of blood or adoption, as a placement option for the
				child. If the fictive kin meet all relevant child protection standards and it
				is in the best interest of the child to be placed with the fictive kin, the
				Department shall discuss with the fictive kin the following two (2) options for
				placement of the juvenile in the relative's home:
A. The fictive kin becoming a DHS provisional
			 foster home prior to becoming a regular foster home; or
B. The fictive kin obtaining legal custody of
			 the juvenile.
The juvenile shall remain in a licensed or approved foster
				home, shelter, or facility, or an exempt child welfare agency until a trial
				home visit occurs with a non-custodial parent, a relative or fictive kin's home
				is opened as a provisional or regular foster home or the court grants custody
				of the juvenile to the relative or fictive kin after a written approved home
				study is presented to the court.
If the relative or fictive kin chooses to obtain legal custody
				of the juvenile, a protective services case must be opened on the child and a
				case plan developed to establish permanency for the child. The Division must
				provide services similar to the services that would have been provided if the
				child was placed in foster care, and the case plan must address these services.
				For example, the child's health, education, and counseling needs should be
				addressed in the case plan. Relatives and fictive kin have the option of
				obtaining permanent custody or guardianship if all efforts toward reunification
				are exhausted or to achieve case plan goals for permanency. If the court grants
				permanent custody, or guardianship is granted, the protective services case
				will be closed.
If Termination of Parental Rights (TPR) is an option for the
				case, the relative or fictive kin is eligible to adopt the child and can
				receive services identified in Policy VIII-I: Adoption Subsidy and related
				procedures, if the child is eligible.
PROCEDURE VI-B1: Trial Home Visit with
				Non-Custodial Parents
01/2020
The Family Service Worker will:
A. Immediately ask the child, child's
			 parent(s), or legal guardian(s) from whom custody was removed, and any
			 available relatives or fictive kin to provide information on non-custodial
			 parent(s) to include, as available:
1) The
			 names, addresses, last known address, last known place of employment, and phone
			 numbers of the non-custodial parent(s);
2) The names, addresses, phone numbers, and
			 other identifying information of any relative or collateral who could assist in
			 location of the non-custodial parent(s);
3) Information pertaining to stability of the
			 non-custodial parent(s) such as:
a. History of
			 and any current substance misuse issues;
b. History of and any current domestic
			 violence issues;
c. History of and
			 any current mental or behavioral health issues;
d. Current or previous restraining orders or
			 protection orders with child or immediate family members.
B. Collaborate with the Resource
			 Worker to assess appropriateness of the non-custodial parent.
1) For initial, immediate placement the
			 following must be conducted and considered:
a.
			 Verification that the individual is the non-custodial parent;
b. An expedited Child Maltreatment Central
			 Registry Check (via CFS-316: Request for Arkansas Child Maltreatment Central
			 Registry Check);
c. An expedited
			 State Police Criminal Record check (via CFS-342: State Police Criminal Record
			 Check);
d. A Vehicle Safety Program
			 Check (i.e., driving points);
e. A
			 Lexis Nexis search;
f. A Court
			 Connect search for applicable counties;
g. A visual inspection of the home guided by
			 the Non-Custodial Parent Information and Questionnaire and also to include:
i. Follow up on immediate concerns identified
			 by child or collaterals during the removal;
ii. Review of information gathered during the
			 visual inspection of the home;
iii.
			 Assessment of how other children or adults in the home may affect the child
			 being considered for placement;
iv.
			 Assessment of how the child being considered for placement may impact the
			 household members.
2) The following must also be submitted
			 within two (2) weeks of placement (results do not have to be received in order
			 to place with the non-custodial parent if there are no other health or safety
			 concerns):
a. FBI (non-state) Criminal Record
			 Check if the non-custodial parent has lived or worked (if different) in another
			 state in the last five (5) years;
b. Request for Child Maltreatment Central
			 Registry check from any state in which the non-custodial parent has lived or
			 worked (if different) for the past five (5) years.
C. If placement with the
			 non-custodial parent appears viable, interview the child, if age appropriate,
			 to assess how the child may feel about placement with the non-custodial parent
			 and make individualized placements on a case-by-case basis in the best interest
			 of the child.
D. If placement is
			 viable:
1) Contact the OCC Attorney
			 immediately if child is being moved from one Out-of-Home Placement to another
			 and provide notice of the placement change to all other parties to the case as
			 required by law and outlined in Policy VII-L: Changes in Out-of-Home Placement
			 and related procedures if that placement was not considered to be a temporary
			 placement (see Appendix I: Glossary).
2) Provide the child's parent(s) with PUB-11:
			 What Happens When Your Child and Family Are Involved with DCFS?
3) Provide the non-custodial parent with
			 PUB-15: A Relative's Guide to the Arkansas Child Welfare System.
4) Place the child in the non-custodial
			 parent's home and:
a) Ensure the non-custodial
			 parent acknowledges they will not allow the alleged perpetrator access to the
			 child that is not supervised by the Division until the investigation is
			 complete and will not allow any contact with the alleged offender that is not
			 approved or authorized by the Division or the court after the investigation is
			 completed (if found true).
b)
			 Document placement selection on the Case Plan by keying the "Plan Goals" and
			 the "Needs/Svc" screens in the "Treatment" portion of the "Case Plan" section
			 of CHRIS.
c) Assist the
			 non-custodial parent in applying for benefits if appropriate, such as benefits
			 under the Temporary Employment Assistance (TEA) Program or the Supplemental
			 Nutrition Assistance Program (SNAP).
E. Keep the Resource Worker informed of any
			 changes to the child's need for a placement with the noncustodial parent and
			 any other relevant information.
F.
			 Hold staffings, as needed, in accordance with Procedure IV-C1: Case Staffings
			 and update the Child and Adolescent Needs and Strengths (CANS) Assessment and
			 case plan.
The Resource Worker will:
A. Process all necessary background checks by
			 (see Procedure VII-C1: Background Check Processing for more information):
1) Conducting an expedited Child Maltreatment
			 Central Registry Check (via CFS-316: Request for Arkansas Child Maltreatment
			 Central Registry Check);
2)
			 Conducting an expedited State Police Criminal Record check (via CFS-342: State
			 Police Criminal Record Check);
3)
			 Submitting a Vehicle Safety Program (DMV) Check (driving record points will be
			 computed in DCFS Central Office, and the results, including qualification or
			 disqualification, will be forwarded to the Resource Worker for inclusion in the
			 non-custodial parent's file);
4)
			 Submitting a Non-state Criminal Record Check if the non-custodial parent has
			 lived or worked (if different) in another state in the last five (5) years;
			 and,
5) Submitting requests for
			 Child Maltreatment Central Registry check from any state in which noncustodial
			 parent has lived or worked (if different) for the past five (5)
			 years.
B. Conduct a
			 visual inspection of the non-custodial parent's home as guided by the
			 Non-Custodial Parent Information and Questionnaire.
C. Keep the child's FSW informed of progress
			 and any challenges associated with processing of the background checks.
The FSW and Resource Supervisors will:
A. Conference with and support the FSW and
			 Resource Worker as necessary.
B.
			 Review and approve placement with non-custodial parent.
PROCEDURE VI-B2: Provisional Foster Home Placement for
				Children in Foster Care
01/2020
The Family Service Worker will:
A. Ask the child's parent(s) or legal
			 guardian(s) from whom custody was removed to provide information on appropriate
			 relatives and fictive kin to include, as available (if not already provided at
			 time of removal):
1) The names, addresses, and
			 phone numbers of any relatives or fictive kin who may serve as appropriate
			 placement resources for the child;
2) The names, addresses, phone numbers, and
			 other identifying information of any putative father(s)of the child.
B. Assist with completion of
			 CFS-450: Prospective Provisional Foster Parent Information and Questionnaire as
			 appropriate to the specific case or local county procedures.
C. Keep the Resource Worker informed of any
			 changes to the child's need for a provisional placement and any other relevant
			 information.
D. Ensure that the
			 Resource Worker conducts a review of the prospective provisional home to
			 include:
1) An expedited Child Maltreatment
			 Central Registry Check (via CFS-316: Request for Arkansas Child Maltreatment
			 Central Registry Check);
2) An
			 expedited State Police Criminal Record check (via CFS-342: State Police
			 Criminal Record Check);
3) A
			 vehicle safety check; and,
4)
			 Submission of the FBI (non-state) Criminal Record Check (results do not have to
			 be received in order to open the provisional foster home, but results must be
			 received and clear within six (6) months in order to make a determination as to
			 whether to approve as a regular DCFS foster home).
5) A visual inspection of the home (via
			 CFS-446: In Home Consultation Visit Report).
E. If the provisional foster home placement
			 appears viable, interview the child, if age appropriate, to assess how the
			 child may feel about placement with the relative and make individualized
			 placements on a case-by-case basis in the best interest of the child.
F. Collaborate with the Resource Worker to
			 evaluate:
1) How the other children and adults
			 in the home will affect the successful development of a child in foster care;
			 and,
2) How the child in foster
			 care will impact the other members of the home.
G. If, after the Resource Worker has
			 completed all necessary steps to open the family as a provisional home (see
			 below for more information), it is determined that placement with the family is
			 in the best interest of the child:
1) Arrange
			 at least one (1) pre-placement visit for the child if it is not the child's
			 initial placement;
2) Contact the
			 OCC Attorney immediately if child is being moved from one Out-of-Home Placement
			 to another and provide notice of the placement change to all other parties to
			 the case as required by law and as outlined in Policy VII-L: Changes in
			 Out-of-Home Placement and related procedures if that placement was not
			 considered to be a temporary placement (see Appendix I: Glossary);
3) Provide the child's parent(s) with PUB-11:
			 What Happens When Your Child and Family Are Involved with DCFS?;
4) Provide the prospective provisional foster
			 family with PUB-15: A Relative's Guide to the Arkansas Child Welfare
			 System;
5) Place the child in the
			 provisional home and:
a) When a child is
			 placed in a provisional foster home for a seventy-two (72) hours hold, ensure
			 that the provisional foster parents acknowledge they will not allow the alleged
			 perpetrator access to the child that is not supervised by the Division until
			 the investigation is complete and will not allow any contact with the alleged
			 offender that is not approved or authorized by the Division or the court after
			 the investigation is completed (if found true);
b) Ensure that the provisional foster parents
			 understand that they must work with their Resource Worker to complete any
			 corrective actions necessary to bring the home into compliance with Minimum
			 Licensing Standards and DCFS Policy within six (6) months;
c) Document placement selection on the Case
			 Plan by keying the "Plan Goals" and the "Needs/Svc" screens in the "Treatment"
			 portion of the "Case Plan" section of CHRIS;
d) Assist the provisional foster parents in
			 applying for benefits if appropriate. Until the provisional foster home is
			 opened as a regular foster home, the relative or fictive kin may apply for and
			 receive benefits for which the provisional foster parents may be entitled due
			 to the placement of the child in the home, such as benefits under the Temporary
			 Employment Assistance (TEA) Program or the Supplemental Nutrition Assistance
			 Program (SNAP);
e) Assess the
			 situation with the Resource Worker and Supervisor(s) if the family does not
			 come into compliance within six (6) months of the placement of the child in the
			 home and recommend to OCC on how the case should proceed (i.e., remain in
			 foster care or have a completed approved home study and recommend custody to
			 the relative);
f) Collaborate with
			 the Resource Worker to ensure that the relative(s) is completing the process
			 for foster home approval. If the relative's home is not fully licensed as a
			 foster home within six (6) months of the placement of the child in the home:
i. The Department shall remove the child from
			 the relative's home and close the relative's provisional foster home and place
			 child in an approved or licensed placement; or,
ii. The court shall remove custody from the
			 Department and grant custody of the child to the relative.
I. Complete the
			 Permanency Planning Hearing Court Report and submit to the FSW Supervisor for
			 review and approval.
J. If approved
			 by the FSW Supervisor, submit the Permanency Planning Hearing Court Report to
			 the OCC attorney, CASA, and all other required parties within fourteen (14)
			 days prior to any Permanency Planning Hearing scheduled for the case.
K. Hold staffings, as needed, in accordance
			 with Procedure IV-C1: Case Staffings and update the Child and Adolescent Needs
			 and Strengths (CANS) Assessment and case plan.
L. Invite the Adoption Specialist to the
			 staffing when appropriate.
M.
			 Conduct a staffing to discuss closure when appropriate.
The Resource Worker will:
A. Assist with completion of CFS-450:
			 Prospective Provisional Foster Parent Information and Questionnaire as
			 appropriate to specific case or local county procedures.
B. Process all necessary background checks by
			 (see Procedure VII-C1: Background Check Processing for more information):
1) Conducting an expedited Child Maltreatment
			 Central Registry Check (via CFS-316: Request for Arkansas Child Maltreatment
			 Central Registry Check);
2)
			 Conducting an expedited State Police Criminal Record check (via CFS-342: State
			 Police Criminal Record Check);
3)
			 Conducting a Vehicle Safety Program (DMV) Check (driving record points will be
			 computed in DCFS Central Office, and the results, including qualification or
			 disqualification, will be forwarded to the Resource Worker for inclusion in the
			 applicant file; see Procedure VII-C1 for forms which must be completed);
			 and,
4) Submitting the FBI
			 (non-state) Criminal Record Check (results do not have to be received in order
			 to open the provisional foster home, but results must be received and clear
			 within six (6) months in order to approve as a regular DCFS foster
			 home).
C. Complete a
			 visual inspection of the home via CFS-446: In Home Consultation Visit Report.
			 See Procedure VII-C2: In Home Consultation Visit for more
			 information.
D. Based on the
			 results of the background checks listed above and the visual inspection of the
			 home, begin the process for requesting any necessary Alternative Compliances or
			 DCFS Policy Waivers, if applicable.
E. Explain to the relative/fictive kin that,
			 if opened as a provisional foster home, they will not receive a board payment
			 until they are opened as a fully approved DCFS Foster Home which must occur
			 within six (6) months of being opened as a provisional foster home.
F. Explain to the relative/fictive kin other
			 processes related to becoming a provisional and, ultimately, a regular DCFS
			 foster home (see Policy VII: Development of Foster Homes and related
			 procedures).
G. Keep the child's
			 FSW informed of progress and any challenges to opening the relative as a
			 provisional foster home.
H.
			 Collaborate with the child's FSW to evaluate:
1) How the other children and adults in the
			 home will affect the successful development of a child in foster care;
			 and,
2) How the child in foster
			 will impact the other members of the home.
I. If the relative/fictive kin and
			 relative/fictive kin's home are appropriate to open as a provisional foster
			 home, complete CFS-452: Provisional Foster Home Verification and CFS-474:
			 Provisional Foster Home Checklist with the family and file in the provider
			 record.
J. Enter a relative into
			 CHRIS as a Provider opening two (2) placement services: Provisional (Relative)
			 Placement (No Board) Service, and Foster Family Home Service. The Provisional
			 (Relative) Placement (No Board) Service must be quickly approved (once the
			 necessary requirements are received), while the Foster Family Home Service has
			 Applicant Status awaiting compliance (all required checks, certifications and
			 training) for approval. In CHRIS, the relative will have only one (1) Provider
			 Number showing two (2) services provided by the family.
K. Enter fictive kin into CHRIS as a Provider
			 opening two (2) placement services: Provisional (Fictive Kin) Placement (No
			 Board) Service, and Foster Family Home Service. The Provisional (Fictive Kin)
			 Placement (No Board) Service must be quickly approved (once the necessary
			 requirements are received), while the Foster Family Home Service has Applicant
			 Status awaiting compliance (all required checks, certifications and training)
			 for approval. In CHRIS, the fictive kin will have only one (1) Provider Number
			 showing two (2) services provided by the family. Provisional (Fictive Kin) will
			 mirror the same Board Rate as Provisional (Relative) which carries the payment
			 scale status of "None."
L. Request
			 any necessary policy waivers or alternative compliances to waive non-safety
			 standards for the relative/fictive kin prior to referring to
			 training.
M. Refer to Policy VII:
			 Development of Foster Homes, to continue with the process of opening the
			 provisional foster home as a regular DCFS foster home.
N. Support the relative/fictive kin
			 throughout the process of becoming a provisional and regular DCFS foster
			 home.
O. Assess the situation with
			 the FSW and Supervisor(s) if the relative does not come into compliance within
			 six (6) months of the placement of the child in the home.
The FSW Supervisor will:
A. Conference with and support the FSW on the
			 case as necessary.
B. Review and
			 approve the Permanency Planning Hearing Court Report.
The Resource Worker Supervisor will:
A. Upon receipt of a notification email from
			 a worker who has removed children and identified a prospective provisional
			 placement (see Procedure VI-B1: Provisional Foster Home Placement for Children
			 in Foster Care for more information), be responsible for ensuring completion of
			 CFS-450: Prospective Provisional Foster Parent Information and Questionnaire
			 within forty- eights (48) hours of receipt of notification.
B. Conference with and support the Resource
			 Worker as necessary regarding opening the provisional foster home.
PROCEDURE VI-B3: Relative and Fictive Kin Custody for
				Children in Foster Care
01/2020
The Family Service Worker will:
A. Ask the parent(s) or legal guardian(s)
			 from whom custody was removed to provide information on appropriate relatives
			 to include, as available (if not already provided):
1) The names, addresses, and phone numbers of
			 any relatives who may be placement resources for the child;
2) The names, addresses, phone numbers, and
			 other identifying information on any putative father(s) of the child.
B. If appropriate relatives cannot
			 be identified or are otherwise not able to serve as a placement resource, ask
			 the parent(s) or legal guardian(s) from whom custody was removed to provide
			 information on appropriate fictive kin to include, as available (if not already
			 provided):
1) The names, addresses, and phone
			 numbers of any fictive kin who may be placement resources for the
			 child.
C. Interview the
			 child, if age appropriate, to assess how the child may feel about placement
			 with a specific relative or fictive kin.
D. Complete the home study, to include
			 Central Registry Checks, State Police Criminal Background Checks, and Vehicle
			 Safety (DMV) Program Checks on all applicable household members, on the
			 relative or fictive kin and submit to the FSW Supervisor for review and
			 approval.
E. Based on the results
			 of the background checks listed above, request any necessary DCFS Policy
			 Waivers.
F. If FSW Supervisor
			 approval is attained, submit the home study to the court with the
			 recommendation to place the child with the relative or fictive kin so that the
			 relative or fictive kin may obtain legal temporary custody.
G. Open a protective services case on the
			 child if the court grants temporary custody to the relative or fictive
			 kin.
H. Schedule a staffing within
			 thirty (30) days of opening the protective services case.
I. Invite the child's parents, relatives, the
			 child (if age appropriate), and community providers as appropriate. During the
			 staffing these individuals will determine the permanency goal for the child:
			 reunification, adoption, guardianship, permanent custody with the relative, or
			 APPLA.
J. Complete or update the
			 FAST within thirty (30) days of opening the protective services case and submit
			 to the FSW Supervisor for review and approval.
K. Develop or update the Case Plan within
			 thirty (30) days of opening the protective services case and submit to the FSW
			 Supervisor for review and approval.
L. Complete the Permanency Planning Hearing
			 Court Report and submit to the FSW Supervisor for review and
			 approval.
M. After receiving
			 approval from the FSW Supervisor for the Permanency Planning Hearing Court
			 Report, submit to the OCC attorney within fourteen (14) days prior to any
			 Permanency Planning Hearing scheduled for the case.
N. Submit the Permanency Planning Hearing
			 Court Report to OCC, CASA, and all parties no later than fourteen (14) days
			 before the scheduled Permanency Planning Hearing.
O. Hold staffings, as needed, in accordance
			 with Procedure IV-C1: Case Staffings and update the FAST.
P. Invite the Adoption Specialist to the
			 staffing when appropriate.
Q.
			 Conduct a staffing to discuss closure when appropriate.
The FSW Supervisor will:
A. Review and approve the home
			 study.
B. Review and approve the
			 FAST within thirty (30) days of the FSW opening the protective services
			 case.
C. Review and approve the
			 case plan within the thirty (30) days of the FSW opening the protective
			 services case.
D. Review and
			 approve the Permanency Planning Hearing Court Report prior to the FSW's
			 submission of this report to the OCC attorney.
E. Conference with and support the FSW on the
			 case as necessary.
The Adoption Specialist will:
A. Attend staffings when invited.
B. Keep his or her Adoption Supervisor
			 informed of the child's permanency goal and progress toward that goal.
POLICY VI-C: MAINTAINING FAMILY TIES IN OUT-OF-HOME
				PLACEMENTS
01/2020
Removal from the home and subsequent out-of-home placement are
				traumatic events for children. One way this trauma may be minimized is by
				maintaining family ties in out-of-home placements. Moreover, the Division
				believes that strengths of families and supporting these strengths contribute
				to life-long permanent relationships for children. This belief is supported by
				research demonstrating that children who maintain positive family ties while in
				out-of-home placement achieve better short- and long-term outcomes. If court
				orders differ from the requirements outlined in this policy and related
				procedures regarding visits and contact with family members, the Division will
				comply with court orders accordingly.
CONTACT WITH
				PARENTS
In order to maintain and strengthen the parent-child
				relationship, visits and other forms of contact with parents and their children
				in out-of-home placements are essential. Visits between parents, including
				noncustodial and putative parents as applicable, and their children will occur
				at least weekly based upon the child's best interest. More frequent visits are
				encouraged, as appropriate. A positive drug or alcohol screen in and of itself
				will not result in the postponement or withholding of visits between a parent
				and child in DHS custody unless:
A.
			 The parent is under the influence of drugs or alcohol at the time of the
			 scheduled visit and has observable behavior indicating impairment of parenting
			 capacity; or,
B. A court order
			 specifies that a parent's positive screen will result in the withholding of
			 parent-child visits.
There is a legal presumption that visits may be unsupervised
				unless evidence has been provided to and the court has made a ruling that
				unsupervised visitation is not in the best interest of the children involved.
				The burden is upon Division staff to provide evidence regarding why visits must
				be supervised or may be unsupervised.
If the court orders supervised visitation, the parent from whom
				custody of the child has been removed will receive a minimum of four (4) hours
				of supervised visitation per week. The court may order less than four (4) hours
				of supervised visitation if the court determines that the supervised visitation
				is not in the best interest of the child or will impose an extreme hardship on
				one (1) of the parties.
Visits which have been ordered to be supervised may be
				graduated to unsupervised depending on the dynamics of the case. Any Division
				staff member as well as approved student interns and volunteers may supervise
				visits. However, the appropriate supervisor will individualize each assignment
				to supervise visits. When making the assignment the supervisor will consider
				the family's history, current level of functioning, and any other applicable
				factors as well as the skill set of the individual selected to supervise the
				visit.
The preferred location for visits is the parent's home or, if
				that is not possible, in the most home-like setting possible. Office visits are
				a last resort. Visits are encouraged to include any variety of quality family
				time activities such as visiting a library/story time at a library, playing at
				a park, making and enjoying a meal together, etc., as appropriate for an
				individual family.
While children are in out-of-home placements, the Division, in
				conjunction with foster parents and placement providers, will update parents
				regarding their children's lives including providing information regarding,
				without limitation, status of physical, behavioral, and emotional health,
				progress in school, involvement in extracurricular activities, and
				achievements. Parents will be invited to participate in their children's
				school, faith-based, and extracurricular activities as appropriate.
The specific plan for visits between a child in out-of-home
				placement and his or her parents, as appropriate, will be included in the case
				plan. As the family prepares for reunification, the frequency and length of
				visits will increase while the level of supervision will decrease accordingly.
				The case plan will be updated as needed to reflect changes regarding visits and
				other contact.
Foster parents and approved relative and fictive kin volunteers
				may communicate directly with biological parents when appropriate and in the
				child's best interest to give updates on the child's progress, inform them of
				the child's school and extracurricular activities, and share photos. Foster
				parents and approved relative and fictive kin volunteers are also encouraged to
				consider supporting the parent-child relationship in other ways such as helping
				the child write letters to his or her parents, creating Life Books with the
				children to then share with the biological parents, and presenting a positive
				view of the child's parents to the child to the extent possible.
In addition, since foster parents can model positive parenting
				skills that may help the biological parents to achieve reunification, foster
				parents may consider hosting parent-child visits, if appropriate and acceptable
				to all individuals involved.
When assessing the appropriateness of foster parents and
				approved relative and fictive kin volunteers communicating directly with
				biological parents, holding parent-child visits in the foster parent home, or
				transporting the child to parent-child visits, the Division will ensure the
				foster parents and approved relative and fictive kin volunteers thoroughly
				understand all court orders related to parent-child contact and
				consider:
A. Various family
			 dynamics;
B. Progress of the case
			 at that point in time; and,
C.
			 Experience and other skills sets of the foster family or approved relative and
			 fictive kin volunteers.
DCFS staff members will discuss with foster parents, approved
				relative and fictive kin volunteers, and biological parents the level of
				comfort that both sets of parents have with foster parents or approved relative
				and fictive kin volunteers providing transportation to parent-child visits or,
				as applicable to foster parents hosting/supervising parent-child visits. Staff
				will not expect foster parents to host/supervise parent-child visits or
				transport to parent-child visits:
A.
			 During the first placement they have as foster parents;
B. During the first month of any open foster
			 care case regardless of the number of times they have served as foster parents.
Exceptions to the above guidelines may be made if the foster
				parents express an interest in assisting with parent-child visits under these
				conditions. Even when foster parents state they are willing to assist with
				parent-child visits during the first placement they have as foster parents or
				during the first month of any open foster care case, the FSW will make a
				decision regarding the foster parents' involvement with parent-child visits
				after carefully assessing each individual case and the dynamics involved. Even
				after the first month of an open foster care case, if foster parents desire to
				assist with parent-child visits, the FSW will continue to assess on a case by
				case basis the appropriateness of foster parent involvement for each foster
				care placement.
The Division will assist the foster parents and approved
				relative and fictive kin volunteers and biological parents in establishing
				appropriate expectations and boundaries regarding communication and interaction
				(e.g., frequency and specific times the biological parent may call or visit the
				foster home). Any direct interaction between the biological parents and foster
				parents or approved relative and fictive kin volunteers in no way relieves the
				Division of its duty to ensure the biological parents remain current on all
				aspects of their case and their children.
CONTACT WITH
				SIBLINGS
Sibling relationships are emotionally powerful and critically
				important not only in childhood, but over the course of a lifetime with sibling
				relationships likely to be the longest relationships most people experience.
				Siblings include those individuals who would be considered a sibling under
				state/tribal law if it were not for the disruption in parental rights, such as
				a termination of parental rights or death of a parent.
For children in out-of-home placements, sibling relationships
				can provide a significant source of continuity, stability, and comfort while in
				foster care. As such, when it is in the best interest of each of the children
				and barring extenuating circumstances, siblings are entitled to be placed
				together in out-of-home placements.
Siblings may be placed separately only if:
A. Allegations of abuse between siblings are
			 under investigation or have been founded;
1)
			 An assessment must be conducted by a mental health professional within five (5)
			 days of placing siblings in different placements due to the abuse allegations
			 between the siblings that are under investigation or have been founded.
a) The siblings may continue in the separated
			 placements if the assessment by the mental health professional supports
			 continuing the separated placements because placing the siblings together would
			 be detrimental to the health, safety, or well-being of one or more of the
			 children as related to the abuse allegations or investigation
			 findings;
B. An
			 assessment by a mental health professional determines that placing the siblings
			 together would be detrimental to the health, safety, or well-being of one or
			 more of the children; or,
C. The
			 Division presents evidence to the court that there are no available placements
			 that can take the entire sibling group.
If children must be separated, the Division will attempt to
				place them in close proximity in order to facilitate regular and meaningful
				contact. The Division will ensure the reasons for the separation of siblings
				into different foster homes or other approved placements are regularly
				reassessed and targeted recruitment efforts continue to reunite the siblings.
				The case plan must include when siblings will be reassessed to determine if
				they can be reunited at a later point in time. If the reassessment determines
				reunification is appropriate, the plan for placing siblings together will be
				documented in the case plan as well.
In an effort to maintain sibling connections for those siblings
				who are placed separately, the siblings' case will be reviewed by the court at
				least once every ninety (90) days to determine whether there have been
				reasonable efforts to reunite the siblings and to allow regular and meaningful
				contact with the siblings. If the court approves a paper review, the 90-day
				court reviews of separated siblings may be satisfied by such a review and a
				hearing is not required.
In addition, siblings who must be placed separately will have
				consistent and meaningful contact at least weekly when possible. While
				face-to-face visits in home-like settings or other family-friendly locations
				are preferred and encouraged, other forms of communication such as phone calls,
				emails, and Skype or FaceTime (or similar program) conversations are
				permissible, as age and developmentally appropriate, to meet the weekly contact
				requirement. However, siblings who are placed separately will have at least
				bi-weekly face-to-face visits unless an FSW Supervisor grants a visit waiver.
				The plan for sibling visits and other contact will be outlined in the case
				plan. Visits or other forms of contact with siblings will not be withheld by
				DCFS or any placement provider as a behavioral consequence unless there are
				documented safety concerns for one or more of the siblings.
Siblings also have the right to remain actively involved in
				each other's lives. Aside from regularly scheduled visits, the Division, foster
				parents, approved relative and fictive kin volunteers, and other placement
				providers will work together to allow siblings to share celebrations including
				birthdays, holidays, graduations, and other meaningful milestones when
				possible. The Division, foster parents, approved relative and fictive kin
				volunteers, and other placement providers will also collaborate to ensure
				siblings attend each other's extracurricular events such as athletic events,
				musical performances, and faith-based events when reasonable and
				practical.
The Division will ensure siblings are included in one another's
				case plan staffing decisions and permanency planning decisions as age and
				developmentally appropriate. Siblings will also be notified when another
				sibling has a change in placement or exits foster care as age and
				developmentally appropriate. When a sibling leaves foster care, that sibling
				will be allowed, as appropriate, to maintain contact with a sibling who remains
				in an out-of-home placement. The Division will also strive to help children in
				foster care maintain relationships with their siblings who are not in
				out-of-home placements or who have been adopted or placed in permanent custody
				or guardianship.
CONTACT WITH RELATIVES AND OTHER FICTIVE
				KIN
In an effort to ensure foster care supports the permanency and
				well-being of the children in DHS custody, children may have an opportunity to
				visit or have other forms of contact with non-custodial parents, grandparents,
				great-grandparents, other relatives, and fictive kin provided the visits are in
				the best interest of the children. It is the responsibility of the Division to
				explore the willingness and appropriateness of identified relatives and fictive
				kin interested in being involved in the lives of children in out-of-home
				placements.
CONTACT AFTER TERMINATION OF PARENTAL
				RIGHTS
If it is in the child's best interest, visits with relatives
				may continue after Termination of Parental Rights (TPR). Visits after TPR will
				continue until an adoptive placement is made or the out-of-home placement case
				is closed. The Division will encourage adoptive parents to consider allowing
				contact between biological relatives and fictive kin with their adopted
				children, as appropriate. Continuation of visits with relatives does not
				include the parents for whom the agency has obtained TPR.
POLICY VI-G: CASE REVIEW JUDICIAL HEARINGS
				FOR CHILDREN IN OUT-OF-HOME PLACEMENT
01/2020
ADJUDICATION & DISPOSITION HEARINGS
Following a probable cause hearing, an adjudication hearing
				shall be held to determine whether the allegations in a petition are
				substantiated by a preponderance of the evidence. The dependency-neglect
				adjudication hearing shall be held within thirty (30) days after the probable
				cause hearing under A.C.A. §
									9-27-315.
				On motion of the court and parties for good cause shown, it may be continued
				for no more than thirty (30) days following the first thirty (30) days (i.e.,
				up to sixty (60) days after the probable cause hearing). However, if necessary
				and relevant evidence cannot be obtained in a timely manner the
				dependency-neglect adjudication hearing may be continued for up to an
				additional thirty (30) days (i.e., up to ninety (90) days after the probable
				cause hearing) upon motion of the court or any party.
In dependency-neglect cases, a written adjudication order shall
				be filed by the court within thirty (30) days of the date of the hearing or
				prior to the next hearing, whichever is sooner. The Office of Chief Counsel
				(OCC) is responsible for drafting and filing court orders. The court can
				determine the case disposition at the adjudication or at a separate hearing. A
				disposition determines what actions the agency will take in the case.
A judicial determination as to whether reasonable efforts were
				made or were not required to prevent removal must be made no later than sixty
				(60) days from the date the child is removed from the home. If a judicial
				determination concerning reasonable efforts to prevent removal is not made
				within the specified timeframe, the child will be ineligible for IV-E foster
				care maintenance payments for the duration of that stay in foster care.
SIX-MONTH REVIEW HEARINGS
The court will review out-of-home placement cases no less than
				every six (6) months, including children in out-of-home cases who are placed
				out-of-state. The first six-month review shall be held no later than six (6)
				months from the date of the original out-of-home placement of the child.
				However, the court may require a review prior to the sixth-month review
				hearing. In addition, at any time during the life of an out-of-home placement
				case, any party may request the court to review the case, and the party
				requesting the hearing shall provide reasonable notice to all parties.
At each sixth-month hearing the court will review the case
				sufficiently to determine the future status of the child based on the child's
				best interest. The court shall determine and include in its orders the
				following:
A. Whether the case plan,
			 services, and placement meet the needs and best interest of the child, with the
			 child's health, safety, and educational needs specifically addressed;
B. Whether the Division has made reasonable
			 efforts to provide family services;
C. Whether the case plan is moving towards an
			 appropriate permanency plan for the child, per A.C.A. §
									9-27-338;
D. Whether the visitation plan is appropriate
			 for the child, the parent(s), or any siblings, if separated.
The court may order any studies, evaluations, or
				post-disposition reports, if needed. All such documents will be provided in
				writing to all parties and counsel at least (2) two days prior to the review
				hearing. All parties will be given a fair opportunity to dispute any part of a
				study, evaluation, or post-disposition report.
In making its findings, the court shall consider the
				following:
A. The extent of compliance
			 with the case plan, including but not limited to, a review of the Division's
			 care for the health, safety, and education of the child while the child has
			 been in an out-of-home placement;
B. The extent of progress made toward
			 alleviating or mitigating the causes necessitating the out-of-home
			 placement;
C. Whether the child
			 should be returned to his or her parent(s) and whether the child's health and
			 safety can be protected by his or her parent(s) if returned home;
D. An appropriate permanency plan pursuant to
			 A.C.A. §
									9-27-338
			 for the child, including concurrent planning (e.g., adoption, legal
			 guardianship, APPLA, as appropriate).
Pertaining to title IV-E eligibility requirements, the judicial
				review is conducted by court review, not an administrative review process.
				During each six-month review, the court shall make determinations based upon
				the best interest of the child. The best interest of the child shall be
				paramount at every stage of the judicial process.
PERMANENCY PLANNING HEARING
Each child in an out-of-home placement, including children
				placed out-of-state, shall have a permanency planning hearing (PPH) no later
				than twelve (12) months of the date the child is considered to have entered
				foster care and not less frequently than every twelve (12) months thereafter
				during the continuation of foster care. A child will be considered to have
				entered foster care on the earlier of:
* the date of the first judicial finding that the child has
				been subjected to child abuse or neglect, or
* the date that is sixty (60) days after the date on which the
				child is removed from the home.
In-state and out-of-state options, including interstate
				placement, if appropriate, will be considered when making reasonable efforts to
				place the child in a timely manner in accordance with the permanency plan.
				Reasonable efforts will be made to complete the steps necessary to finalize the
				legal permanent placement of the child. If the child is in an out-of-state
				placement at the time of the hearing, the court will determine whether the
				placement continues to be appropriate and is in the best interest of the child.
				When the court determines that reasonable efforts to return the child home are
				not required, the court shall hold a permanency planning hearing within thirty
				(30) days of the determination to enter a new disposition in the case to
				determine the child's future status. A permanency planning hearing shall also
				be held after a child has been in an out-of-home placement for fifteen (15) of
				the previous twenty-two (22) months, excluding the time spent while the child
				is on a trial home placement and runaway status. The permanency planning
				hearing will be conducted by the court, not by an administrative body.
When it becomes necessary to transfer a case to another venue,
				the court will contact the judge in the other venue to confirm that the
				transfer will be accepted. After confirmation has been received, the
				transferring judge will enter a transfer order with the time and date of the
				next hearing and the location of the court in the new venue. The transferring
				judge will immediately transmit the order to the judge in the new venue. A copy
				of the order will be provided to all parties and attorneys to the case. The
				transferring court will copy and send all court records to the judge in the new
				venue.
The Division must obtain a judicial determination that
				reasonable efforts were made to finalize the permanency plan for the child no
				later than twelve (12) months of the date the child entered foster care. If a
				child remains in an out-of-home placement after the initial permanency planning
				hearing, an annual permanency planning hearing shall be held to reassess the
				permanency goal selected for the child. If a judicial determination regarding
				reasonable efforts to finalize a permanency plan is not made, the child will be
				ineligible under title IV-E from the end of the 12th
				month following the date the child is considered to have entered foster care or
				the end of the 12th month following the month in
				which the most recent judicial determination of reasonable efforts to finalize
				a permanency plan was made, and remains ineligible until such a judicial
				determination is made.
Reasonable efforts to finalize an alternate permanency plan
				such as placing a child with a fit and willing relative or fictive kin for
				adoption or with a legal guardian, including identifying appropriate in-state
				and out-of-state placements, will be made concurrently with reasonable efforts
				to reunify the child and family.
The permanency planning hearing (PPH) shall determine the
				permanency goal for the child that includes, listed in order of preference, in
				accordance with the best interest, health, and safety of the child:
A. Placing custody of the child with a fit
			 parent at the permanency planning hearing.
B. Returning the child to the guardian or
			 custodian from whom the child was initially removed at the permanency planning
			 hearing.
C. Authorizing a plan to
			 place custody of the child with a parent, guardian, or custodian only if the
			 court finds that:
1) The parent, guardian, or
			 custodian is complying with the established case plan and orders of the court,
			 making significant progress toward achieving goals established in the case plan
			 and diligently working toward reunification or placement in the home of the
			 parent, guardian, or custodian.
a) Regardless
			 of when the effort was made, the court shall consider all evidence of an effort
			 made by the parent, guardian, or custodian to remedy the conditions that led to
			 the removal of the child(ren) from the custody of the parent, guardian, or
			 custodian and give the evidence the appropriate weight and consideration in
			 relation to the safety, health, and well-being of the child(ren).
b) The burden is on the parent, guardian, or
			 custodian to demonstrate genuine, sustainable investment in completing the
			 requirements of the case plan and following court orders in order to authorize
			 a plan to return or be placed in the home as the permanency goal.
2) The parent, guardian, or
			 custodian is making significant and measurable progress toward remedying the
			 conditions that:
a) Caused the child's removal
			 from the home or the child's continued removal from the home; or,
b) Prohibits placement of the child in the
			 home of a parent.
3)
			 Placement of the child in the home of the parent, guardian, or custodian shall
			 occur within a time frame that is consistent with the child's developmental
			 needs but no later than three (3) months from the date of the PPH.
D. Authorizing a plan to
			 obtain a guardianship or adoption with a fit and willing relative.
E. Authorizing a plan for adoption with the
			 Division filing a petition for termination of parental rights, unless:
1) The child is being cared for by a relative
			 and the court finds that:
a. Either:
i. The relative has made a long-term
			 commitment to the child and is willing to pursue guardianship or permanent
			 custody of the child; or
ii. The
			 child is being cared for by his or her minor parent who is in foster care and
			 TPR is not in the best interest of the child; and,
b. That termination of parental rights is not
			 in the best interest of the child;
2) The Division has documented in the case
			 plan a compelling reason why filing a petition to terminate parental rights is
			 not in the child's best interest and the court approves the compelling reason
			 as documented in the case plan; or
3) The Division has not provided the family
			 of the child with services, consistent with the time period in the case plan,
			 the services the Division deemed necessary for the safe return of the child to
			 the child's home if reunification services were required to be made to the
			 family.
Termination of Parental
				Rights
At any time during the course of a case, DHS, the attorney ad
				item, or the court can request a hearing on whether or not reunification
				services should be terminated. The requesting party shall provide notice to the
				parties at least fourteen (14) calendar days before the hearing. The notice
				shall identify the grounds for recommending termination of reunification
				services in sufficient detail to put the family on notice.
The requesting party shall present the case. The court shall
				conduct and complete a hearing on a "no reunification services" request within
				fifty (50) days of the date of written notice to the defendants. However, upon
				good cause shown, the hearing may be continued for an additional twenty (20)
				days.
The court shall determine whether reunification services shall
				be terminated and enter an order of that determination. If the court determines
				that reunification services shall be terminated, the court shall hold a
				permanency planning hearing within thirty (30) days after the determination. If
				the court determines the permanency goal to be TPR, the Department shall file a
				petition to terminate parental rights within thirty (30) days from the date of
				the entry of the order establishing such goal. The court shall conduct and
				complete a TPR hearing within ninety (90) days from the date the termination of
				parental rights petition is filed, unless continued for good cause. After an
				order of termination of parental rights is filed, the court shall review the
				case at least every six (6) months until permanency is achieved for the child.
				A permanency hearing shall be held each year following the initial hearing
				until permanence is achieved. (Refer to Policy VIII-C.) The court reviews
				continue, even if a case is on appeal.
The court may terminate parental rights on one (1) parent and
				not the other parent if the court finds that it is in the best interest of the
				child.
Post-TPR Visits
If it is in the child's best interest, visits with siblings and
				with relatives may take place after TPR. Visitation after TPR will continue
				until an adoption placement is made or the out-of-home placement case is
				closed. Continuation of visits with relatives does not include the parents for
				whom the agency has obtained TPR.
F. Legal guardianship - If the court grants
			 legal guardianship no further services or periodic reviews are required. If a
			 legal guardianship supported by a subsidy is put in place, the Division will
			 conduct an annual review of the family's and child's circumstances and an
			 annual report to the court will be filed.
G. Permanent custody with a fit and willing
			 relative - If the court grants permanent custody no further services or
			 periodic reviews are required.
H.
			 Independence (see definition in Appendix I: Glossary), including an Another
			 Planned Permanent Living Arrangement (APPLA). In the case of a child who has
			 attained age sixteen (16), the permanency planning hearing will determine the
			 services needed to assist the child to make the transition from foster care to
			 successful adulthood. Independence shall be selected only if the Division has
			 documented to the circuit court a compelling reason for determining that it
			 would not be in the best interest of the child to follow one (1) of the
			 permanency plans above.
If DHS concludes, after considering reunification, adoption,
				legal guardianship, or permanent placement with a fit and willing relative,
				that the most appropriate permanency plan for a child is placement in another
				planned permanent living arrangement, DHS will document to the court the
				compelling reason for the alternate plan.
The Department may seek the services of the Federal Parent
				Locator Service to search for absent parents at any point in order to
				facilitate a permanency plan.
Notification of Hearings and Reviews
The Department shall provide the foster parent(s) of a child,
				and any pre-adoptive parent or relative providing care for the child with
				timely notice of, and the right to be heard in, permanency planning hearings
				and six-month periodic reviews held with respect to the child during the time
				the child is in the care of such foster parent, pre-adoptive parent or relative
				caregiver. Notice of, and the right to be heard, does not include the right to
				standing as a party to the case.
In any permanency planning hearing, including any hearing
				regarding the transition of the child from foster care to transitional living,
				procedural safeguards shall be applied to assure the court or administrative
				body conducting the hearing consults with age-appropriate children regarding
				the proposed permanency or transition plans. The hearing shall also address
				procedural safeguards with respect to parental rights pertaining to the removal
				of the child from the home of his or her parents, to a change in the child's
				placement, and to any determination affecting visitation privileges of
				parents.
Judicial determinations regarding "contrary to the welfare,"
				reasonable efforts to prevent removal, and reasonable efforts to finalize the
				permanency plan in effect, including judicial determinations that reasonable
				efforts are not required, must be explicitly documented and made on a
				case-by-case basis and so stated in the court order.
Reasonable efforts are not required to reunify the child
				and family if:
A. The court has
			 determined that the parent has subjected the child to aggravated circumstances
			 (see Glossary);
B. The court has
			 determined that the parent has committed:
1)
			 Murder of any child;
2)
			 Manslaughter of any child;
3)
			 Aiding or abetting, attempting, conspiring, or soliciting to commit such a
			 murder or such a manslaughter; or
4) A felony battery that results in serious
			 bodily injury to any child; or,
5)
			 Abandoned an infant as defined by A.C.A. §
										9-27-303;
			 or,
6) Registered with a sex
			 offender registry under the Adam Walsh Protection and Safety Act of
			 2006.
C. The parental
			 rights of the parent with respect to a sibling have been terminated
			 involuntarily.
If reasonable efforts and "contrary to the welfare" judicial
				determinations are not included as required in the court orders, a transcript
				of the court proceedings is the only other documentation acceptable to verify
				that the required determinations have been made.
Neither affidavits nor nunc pro tunc orders will be acceptable
				as verification documentation in support of reasonable efforts and "contrary to
				the welfare" judicial determinations.
Court orders that reference state law to substantiate judicial
				determinations are not acceptable, even if state law provides that removal must
				be based on a judicial determination that remaining in the home would be
				contrary to the child's welfare or that removal can only be ordered after
				reasonable efforts have been made.
At any hearing in which the Department of Human Services is
				ordered by the court to provide services for a family, the court shall provide
				the Department with the opportunity to be heard. When DHS is not a party to the
				case, failure by the court to provide at least five (5) working days' notice to
				DHS renders any part of the order pertaining to DHS void. Refer to Policy II-G
				for information related to FINS cases.
POLICY VIII-M: Resumption of Services Post-Termination
				and Reinstatement of Parental Rights
01/2020
OVERVIEW
Given that behavior change and the work of change is a part of
				the child welfare system's daily challenge, the Division recognizes that there
				may be parents who previously had their parental rights terminated, but at a
				later point in time significantly alter the life circumstances that contributed
				to the removal of their children and the subsequent termination. These parents
				may qualify for resumption of services as described in the policy below. Based
				on the outcome of the resumption of services, the court may then consider
				reinstatement of parental rights. Resumption of services and a subsequent
				reinstatement of parental rights may provide additional permanency options for
				children in foster care, particularly for youth who have been in the foster
				care system for an extended period of time without finding a permanent
				family.
INITIAL ELIGIBILITY
The Department of Human Services, Division of Children and
				Family Services (DCFS) or an attorney ad litem may file a motion to resume
				services for a parent whose parental rights were previously terminated.
				Resumption of services may be considered if the child:
A. Is currently in the custody of the
			 Department;
B. Is not in an
			 adoptive placement, pre-adoptive placement, or under another permanent
			 placement and there is some evidence that the child 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.
In addition, at least three (3) years must have passed between
				the date the order terminating parental rights was entered and the date a
				motion to resume services on behalf of that parent is filed. The three-year
				waiting period may be waived by the court if it is in the best interest of the
				child. It must also be determined that the parent in no way interfered with the
				child's ability to achieve permanency prior to the consideration of resumption
				of services.
ASSESSMENT
If all of the criteria above are met, the agency must then
				assess whether the parent and child are appropriate candidates for resumption
				of services before DCFS requests to file a motion to resume services. This will
				be determined, at a minimum, through:
A. An initial walk-through of the parent's
			 home to identify any safety factors or risk concerns;
B. Discussions with the parent, child,
			 parties to the case, and relevant stakeholders (e.g., child's therapist,
			 child's teacher, etc.); and,
C. The
			 completion of a home study.
The home study will include background checks to identify
				current issues and differentiate between current maltreatment and criminal
				issues versus issues occurring prior to the termination of parental
				rights.
Through the assessment above, it must be determined that the
				parent is appropriate at the time of filing the motion for resumption of
				services. DCFS Area Director approval must be obtained prior to moving forward
				with a petition for resumption of services.
When determining whether to grant or deny a motion to resume
				services, the court will consider:
A.
			 Efforts made by DCFS to achieve adoption or other permanent placement for the
			 child, including any barriers preventing permanency from being
			 achieved;
B. Current status of the
			 parent, including the extent to which the parent has remedied any conditions
			 that led to the termination of parental rights (TPR);
C. Willingness of the parent to participate
			 in services offered; and,
D. The
			 child's wishes regarding resumption of contact, visitation, or placement with
			 the parent.
RESUMPTION OF SERVICES
If an order granting a motion for resumption of services is
				entered, a staffing will be held within thirty (30) days. An updated Child and
				Adolescent Needs and Strengths (CANS) assessment and corresponding case plan
				will also be developed within thirty (30) days. Extensive services or supports
				should not be required to establish parental fitness. Rather, services and
				supports offered through a case plan for resumption of services will be
				designed to help facilitate the re-establishment of the parent-child bond.
				Examples may include regular visitation and family counseling. Such services
				and supports will be put in place through the case plan in an effort to work
				toward a reinstatement of parental rights, if appropriate, and, ultimately, a
				stable and permanent reunification.
If multiple counties have been involved over the life of a case
				that is deemed appropriate for resumption of services, the applicable DCFS Area
				Directors will collaborate to determine which county will serve as primary
				regarding the development, execution, and oversight of the case plan.
A parent will not be named as a party to a motion filed for
				resumption of services, but the parent will have the right to be heard at a
				hearing on the motion. The court may order the parent to pay for some or all of
				the costs associated with the court-ordered family services.
REINSTATEMENT OF PARENTAL RIGHTS
Based on the outcome of the resumption of services, the court
				may then consider reinstatement of parental rights, as appropriate. Services to
				the family must continue for at least 180 days before DHS or an attorney ad
				litem may file a petition to reinstate parental rights. A petition to reinstate
				parental rights will be filed in the circuit court that had jurisdiction over
				the petition to terminate parental rights. Parental rights may be reinstated if
				the court finds by clear and convincing evidence that:
A. Reinstatement of parental rights is in the
			 best interest of the child; and,
B.
			 There has been a material change in circumstance for the parent since TPR.
If parental rights are reinstated, the case will remain open
				until the child has resided with the parent for at least six (6) months.
An order reinstating parental rights restores all rights,
				powers, privileges, immunities, duties, and obligations of the parent as to the
				child, including custody, control, and support of the child. However, an order
				reinstating parental rights does not vacate or affect the validity of a
				previous order terminating parental rights.