Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 15 - Children and Family Services › Rule 016.15.06-003 - Family Services Policy & Procedure Manual (FSPP); Children & Family Services (CFS) forms CFS-509A, CFS-509B and CFS-521; and the DCFS Publication 04 - Minimum Licensing Standards for Child Welfare Agencies

Current through Register Vol. 49, No. 6, June, 2024
I.
GENERAL
			 PROVISIONS AND DIVISION OVERVIEW
POLICY (I-A): PHILOSOPHY AND MISSION STATEMENT FOR THE
				DIVISION OF CHILDREN AND FAMILY SERVICES
The Division of Children and Family Services (DCFS) is
				committed to child protection and family preservation. Every child is entitled
				to grow up in a permanent family. The primary and preferred way of achieving
				this goal is to provide families experiencing turmoil with services to prevent
				the need to place children outside their homes. The Division recognizes that
				there are a limited number of situations when children can not safely remain at
				home and must be separated from their family. The Division strives to preserve
				and strengthen the child's family ties when it is in the best interest of the
				child, and to protect the child by considering the child's health and safety as
				the paramount concern in determining whether or not to remove the child from
				the home. When a child must be separated from the family, DCFS will provide a
				healthy and safe environment and will make appropriate and timely efforts to
				provide services to reunite the family. DCFS will provide appropriate homes for
				children who can not be reunited with their families.
Our mission is to:
*
protect children;
*
maintain families, if this is appropriate, with the
				child's health and safety always considered paramount;
*
provide quality services within available resources
				which enable families to maximize their potential and increase their
				abilities;
*
preserve and enhance human dignity and
				worth;
*
prevent or reduce the need for services.
POLICY (I-B): FAMILY SERVICE DELIVERY
				SYSTEM
The Division of Children and Family Services is in
				compliance with Titles VI and VII of the Civil Rights Act and operates, manages
				and delivers services without regard to race, color, religion, sex, age,
				national origin, mental or physical disability, veteran status, political
				affiliation or belief. DCFS is the designated state agency to administer and
				supervise all Child Welfare Services (Titles IV-B and IV-E of the Social
				Security Act).
The Division purchases services from private and public
				agencies, universities and individuals, using state and federal funds. Programs
				and services of other Divisions within the Department of Health & Human
				Services (DHHS) are also available to clients of DCFS. Delivery of services is
				coordinated with other Divisions administering TEA/TANF Medicaid, Food Stamps,
				Social Services Block Grant and other federal entitlement
				programs.
The services are authorized and funded in conjunction
				with various state and federal laws which govern the operation of the Division.
				The major federal laws governing service delivery, as amended,
				are:
Civil Rights Act: Titles 6, 7, 9
Rehabilitation Act: Sections 503, 504
Americans With Disabilities Act: Title II
Social Security Act Titles:
IV-A Temporary Assistance for Needy Families
				(TANF)
IV-B Child Welfare Services
IV-E Foster Care and Adoptions Assistance
XIX Medical Services
XX Social Services Block Grant Public Laws: 93-207 Child
				Abuse and Neglect
94-142 Handicapped Children's Act
96-272 Adoption Assistance and Child Welfare Act of
				1980
105-89 Adoption and Safe Families Act of
				1997
POLICY (I-C): DIVISION'S ORGANIZATIONAL
				STRUCTURE
The Director of DCFS has management and administrative
				responsibilities for the Division and has an interactive role with the Child
				Welfare Agency Review Board and the Child Placement Advisory Committee. The
				Division has four major offices, each with an Assistant Director: Office of
				Community Services, Office of Community Support, Office of Finance and
				Administrative Support, and Office of Legislative Analysis, Research and
				Planning.
Office of Community
				Services
The Office of Community Services is responsible for the
				direct and purchased service delivery of child welfare services throughout the
				state and is administered by the Assistant Director, Office of Community
				Services. The Division has ten DCFS areas:
AREA I: Benton, Carroll, Madison,
				Washington
AREA II: Crawford, Franklin, Johnson, Logan, Scott,
				Sebastian, Yell
AREA III: Clark, Garland, Hot Springs, Howard,
				Montgomery, Perry, Pike, Polk, Saline
AREA IV: Columbia, Hempstead, Lafayette, Little River,
				Miller, Nevada, Ouachita, Sevier, Union
AREA V: Baxter, Boone, Conway, Faulkner, Marion, Newton,
				Pope, Searcy, Van Buren
AREA VI: Pulaski
AREA VII: Bradley, Calhoun, Cleveland, Dallas, Grant,
				Jefferson, Lincoln, Lonoke, Prairie
AREA VIII: Clay, Craighead, Fulton, Greene, Izard,
				Lawrence, Mississippi, Randolph, Sharp
AREA IX: Cleburne, Crittenden, Cross, Independence,
				Jackson, Poinsett, Stone, White, Woodruff
AREA X: Arkansas, Ashley, Chicot, Desha, Drew, Lee,
				Monroe, Phillips, St. Francis
Each area has an Area Manager and county-based staff.
				Minimum county office staffing includes at least one Family Service Worker, a
				supervisor and an aide.
The Office of Community Services includes the following
				units: Area Managers and County Office Operations.
Office of Community
				Support
The Office of Community Support is responsible for the
				provision of administrative and programmatic support for the state's network of
				children and family services and is administered by the Assistant Director,
				Office of Community Support.
The Office of Community Support is comprised of two
				sections: Program Support In-Home Services (Intensive Family Services (IFS),
				Family Support, Central Registry, and Interstate Compact), and Program Support
				Out-of-Home Services (Foster Care, Adoptions, Independent Living, Behavioral
				Treatment Unit, and Promoting Safe and Stable Families Services).
Office of Finance and Administrative
				Support
The Office of Finance and Administrative Support provides
				administrative and management support to DCFS through personnel administration,
				budget monitoring, resource control, and contract administration.
The Office of Finance and Administrative Support includes
				the following units: Personnel, Contracts, and Financial Resources. In
				addition, the Foster Care/Medicaid Eligibility Unit determines the eligibility
				for federal funding under Title IV-E (Foster Care and Adoption) and Title XIX
				(Medicaid) of all children in the care of the Department who are placed in
				Out-of-Home Placement or subsidized adoption.
Office of Legislative Analysis, Research and
				Planning
The Office of Legislative Analysis, Research and Planning
				is responsible for statewide DCFS policy development, comprehensive short-term
				and long-term planning initiatives for the delivery of child welfare services,
				professional development, child welfare agency licensing, and quality assurance
				monitoring.
The Office of Legislative Analysis, Research and Planning
				consists of the following units: Policy, Planning, Professional Development,
				Child Welfare Agency Licensing, and Quality Assurance.
POLICY (I-D): OFFICIAL RECORD KEEPING
The official record of child welfare information for DCFS
				is maintained through the Children's Reporting Information System (CHRIS). The
				CHRIS Unit is a part of the Division of Administrative Services, Office of
				Technology, which is responsible for the enhancement of the CHRIS Application,
				data monitoring, Help Desk function and some specialized training. CHRIS is
				fully automated and is a worker based child-welfare information system. The
				Family Services Policy and Procedure Manual (FSPP) includes the data input
				instructions for the CHRIS Application.
A hard copy file of case information will be maintained
				for data not in CHRIS. Hard copy files will be created, if necessary for case
				review.
POLICY (I-E): COMPLIANCE WITH THE MULTIETHNIC PLACEMENT
				ACT (MEPA)
The Division must comply with the Multiethnic Placement
				Act (MEPA) in making foster care and adoptive placements. The act provides for
				assessment of individual liability to staff for knowingly violating MEPA
				requirements.
The Multiethnic Placement Act prohibits delaying or
				denying the placement of a child for adoption or foster care on the basis of
				race, color or national origin of the adoptive or foster parent or the child
				involved; and prohibits denying any individual the opportunity to become a
				foster or adoptive parent on the basis of the prospective parent's or the
				child's race, color, or national origin.
In addition, it requires that, to remain eligible for
				federal assistance for their child welfare programs, states must diligently
				recruit foster and adoptive parents who reflect the racial and ethnic diversity
				of the children in the state who need foster and adoptive homes.
Consideration of race, color, or national origin is
				permissible only when an individual determination is made that the facts and
				circumstances of a particular case require the consideration of race, color, or
				national origin in order to advance the best interests of the child in need of
				placement. The Division's compliance with the Indian Child Welfare Act of 1978
				( P.L. 95-608 ) does not violate MEPA.
POLICY (I-F): CONFIDENTIALITY
The purpose of this policy is to assist employees in
				determining what information is confidential, to whom confidential information
				can be released, and the consequences of wrongful release of the
				information.
The Division of Children and Family Services is committed
				to best practice in relation to respecting client confidentiality. All
				employees of the Division shall maintain the confidentiality of children and
				families served by DCFS. Confidentiality applies to verbal, written and/or
				electronic transmittal of information.
Reports, correspondence, memoranda, case histories, or
				other materials compiled or received by a licensee or a state agency engaged in
				placing a child, including both foster care and protective services records,
				shall be confidential and shall not be released or otherwise made available,
				except to the extent permitted by federal law and only:
A)
To the director as required by
			 regulation;
B)
For
			 adoptive placements, as provided by the Revised Uniform Adoption Act, §
9-9-201
et seq.;
C)
To multidisciplinary teams under
			 §
12-12-502(b)
;
D)
To the child's
			 custodial/non-custodial parent(s) parent, guardian, or
			 custodian.
However, the licensee or state agency may redact
				information from the record such as the name or address of foster parents or
				providers when it is in the best interest of the child. The licensee or state
				agency shall redact counseling records, psychological or psychiatric
				evaluations, examinations or records, drug screens or drug evaluations, or
				similar information concerning a parent if the other parent is requesting a
				copy of a record;
E)
To
			 the child;
F)
To
			 health care providers to assist in the care and treatment of the child at the
			 discretion of the licensee or state agency and if deemed to be in the best
			 interest of the child. Health care providers include doctors, nurses, emergency
			 medical technicians, counselors, therapists, mental health professionals, and
			 dentists;
G)
To school
			 personnel and day care centers caring for the child at the discretion of the
			 licensee or state agency and if deemed to be in the best interest of the
			 child;
H)
To foster
			 parents, the foster care record for foster children currently placed in their
			 home. However, information about the parents or guardians and any siblings not
			 in the foster home shall not be released (See Policy VII-B: Providing
			 Information to Foster Parents.);
I)
To the Child Welfare Agency Review
			 Board. However, at any board meeting no information which identifies by name or
			 address any protective services recipient or foster care child shall be orally
			 disclosed or released in written form to the general public;
J)
To the Division of
Youth
Services, including child welfare agency
			 licensing specialists;
K)
For any audit or similar activity conducted in connection with the
			 administration of any such plan or program by any governmental agency which is
			 authorized by law to conduct such audit or activity;
L)
Upon presentation of an order of
			 appointment, to a court-appointed special advocate;
M)
To the Attorney Ad Litem for the
			 child;
N)
For law
			 enforcement or the prosecuting attorney at the discretion of the licensee or
			 state agency and if deemed to be in the best interest of the
			 child;
O)
To
circuit
courts, as provided for in the Arkansas
			 Juvenile Code of 1989, §
9-27-301
et
			 seq.;
P)
In a criminal
			 or civil proceeding conducted in connection with the administration of any such
			 plan or program;
Q)
For purposes directly connected with the administration of any of the
			 state plans as outlined;
R)
For the administration of any other federal or federally assisted program
			 which provides assistance, in cash or in kind, or services, directly to
			 individuals on the basis of need; or
S)
To individual federal and state
			 representatives, senators, and their staff members, with no redisclosure of
			 information.
No disclosure shall be made to any committee or
				legislative body of any information which identifies by name or address any
				recipient of services;
or
T)
To a grand jury or court, upon a
			 finding that information in the record is necessary for the determination of an
			 issue before the court or grand jury.
Foster home and adoptive home records are confidential
				and shall not be released except:
*
To the foster parents or adoptive
				parents;
*
For purposes of review or audit, by the appropriate
				federal or state agency;
*
Upon allegations of child maltreatment in the foster
				home or adoptive home, to the investigating agency;
*
To the Child Welfare Agency Review Board;
*
To the Division of Children and Family Services,
				including child welfare agency licensing specialists;
*
To law enforcement or the prosecuting attorney, upon
				request;
*
To a grand jury or court, upon a finding that
				information in the record is necessary for the determination of an issue before
				the court or grand jury; or
*
To individual federal and state representatives and
				senators and their staff members with no redisclosure of
				information.
*
No disclosure shall be made to any committee or
				legislative body of any information that identifies by name or address any
				recipient of services.
Any person or agency to whom disclosure is made shall not
				disclose to any other person reports or other information obtained pursuant to
				this subsection.
Any person disclosing information in violation of this
				subsection shall be guilty of a Class C misdemeanor.
*
Information is confidential if it is not intended to be
				disclosed to persons other than those to whom disclosure is allowed under the
				statute.
*
The Family Service Worker may by law sign for releases
				of information for children in DHHS custody. The Family Service Worker must
				present a copy of the custody order to receive medical and school records. The
				DHHS-81 (Consent for Release of Information) must be signed by the parent to
				receive copies of parent's records, however, the parent's signature is not
				necessary for obtaining records for the child.
*
An Attorney Ad Litem shall be provided access to all
				records relevant to the child's case, including, but not limited to, school
				records, medical records, juvenile court records and Department of Health &
				Human Services records to the extent permitted by federal law.
FOSTER CHILD CONFIDENTIALITY
When a release of information regarding a child is
				requested, the FSW shall take the necessary steps to guard the confidentiality
				of personal information. The steps include:
(1)
assuring that no identifying or
			 potentially harmful information on a child is released, and
(2)
the consent shall be reviewed and
			 approved by OCC. Court orders that direct the release of specific information
			 to specified offices, agencies or people shall be construed as proper consent
			 for release of information. No other consent is necessary. However, OCC should
			 be informed whenever such a release of information is being made.
Requests for media releases includes requesting
				permission to release photographs, voice reproductions, slides, video tapes,
				movie films, promotional pamphlets, news releases, etc. The FSW shall review
				the contents of such release along with OCC and make any necessary
				modifications. Consideration should be given to the protection of the child's
				identity and assurances that the contents of the material released will present
				the child in a light that would not be distasteful or negative to the child.
				The Director of the Division of Children and Family Services or designee shall
				be consulted in matters that may reflect on the Division. In cases of consents
				for coverage by news media, consultation should also be sought from the
				Director of Communications. This consent must be signed by the Assistant
				Director of Community Support. The foster parents shall be informed of these
				policies.
The Adoption Specialist must receive documented consent
				from a child ten (10) years of age or older, to show photographs for
				recruitment of an adoptive family.
CONFIDENTIALITY OF ADOPTION RECORDS
Non-identifying
information from finalized records can
				only be released by the Arkansas Mutual Consent Voluntary Adoption Registry.
				Identifying information from a finalized record can only be released by court
				order.
INVESTIGATIVE REPORTS
Child maltreatment investigative reports are
				confidential. There are two types of child maltreatment investigative
				determinations: Unsubstantiated and Substantiated.
Unsubstantiated child maltreatment reports can only be
				released to:
*
The SUBJECT of the report;
*
The Prosecutor for the purpose of prosecuting false
				reports; and
*
The Court if it is necessary for determination of an
				issue before the Court.
Substantiated or True child maltreatment reports can only
				be released to:
*
The SUBJECT of the report; and
*
The appropriate law enforcement agency and prosecuting
				attorney in cases of severe maltreatment.
*
See A.C.A. 12-12-512; A.C.A. 12-12-514.
The Department may disclose the investigative
				determination of any offender when the offender is engaged in child-related
				activities or employment, and the Department has determined that children under
				the care of the offender are at risk of maltreatment by the
				offender.
A Court Appointed Special Advocate (CASA) and Attorney Ad
				Litem (AAL) can obtain a copy of a true report from the Central Registry on a
				child they are representing.
Information contained in the Central Registry is
				confidential. It can only be released to:
*
The administration of the adoption, foster care,
				children's protective services programs, or child care licensing programs OF
				ANY STATE;
*
Federal, state, or local government entities, or any
				agent of such entities, that needs to know the information to carry out its
				responsibilities to protect children from abuse or neglect;
*
The SUBJECT of a true of report. The subject of a
				report includes: the offender, the victim child and the custodial/non-custodial
				parent(s), guardians or legal custodians of the victim child. A non-custodial
				parent is still a parent and gets the report;
*
A civil court or administrative proceeding when it is
				necessary to determine an issue before the court or administrative
				agency;
*
The administration of a federally assisted program
				which provides assistance to individuals on the basis of need;
*
An audit by a governmental agency authorized by law to
				conduct the audit;
*
A bona fide research project but without identifying
				information, such as names. You will know if it is a bona fide research project
				because the Director of the Department must give written
				approval;
*
A multi-disciplinary team;
*
The Division of Child Care and Early Childhood
				Education and the child care facility owner or operator for the limited purpose
				of providing a Central Registry background check on employees and shall include
				a true finding only;
*
Child abuse citizen panels;
*
Child fatality review panels;
*
The general public, the findings about the case of
				child abuse which has resulted in a child fatality or near fatality; but the
				Central Registry may redact any information concerning siblings,
				attorney-client communications and other confidential
				communications.
*
A grand jury or court when it is necessary to determine
				an issue;
*
The CURRENT foster parents of a child who is the
				subject of a report;
*
The prosecuting attorney or law enforcement officers on
				request; and
*
The employer of any offender when the offender is
				engaged in child related activities.
*
See A.C.A. § 12-12-506.
*
True reports may be disclosed to individual federal and
				state senators and representatives who agree not to allow any redisclosure of
				information, provided that no disclosure shall be made to any committee or
				legislative body of any information which identifies any recipient of services
				by name or address.
*
True reports that have been administratively appealed
				pursuant to the Child Maltreatment Act and which have been stayed because of
				criminal proceedings shall not be disclosed other than for administration of
				adoption, foster care, or children's protective services
				programs.
*
A relative or friend of the subject of the report can
				not get the information. This is true even if the relative or friend is calling
				on behalf of the subject of the report. The stepparent does not get the
				information unless the stepparent is the subject of the report. See A.C.A.
				§ 12-12-506. When the non-custodial parent has a child in the custodial
				parent's home, but that child is not the subject of the report, the
				non-custodial parent does not get the report.
If you wrongfully disclose confidential information, you
				are guilty of a Class C or Class A misdemeanor and you can lose your job. For a
				Class C misdemeanor, the sentence shall not exceed 30 days in the county jail
				and a $100 fine. For a Class A misdemeanor, the sentence shall not exceed one
				year in the county jail and a $1,000 fine. The difference in the two sentences
				depends on which statute is used. See A.C.A. 12-12-504 or A.C.A. §
				12-12-506.
PROVISIONAL INFORMATION
The following receive child maltreatment reports
				determined to be substantiated or unsubstantiated and the services offered and
				provided:
*
A mandated reporter;
*
The school counselor; and
*
A person or agency that is providing professional
				services to the victim child. See A.C.A. § 12-12-515.
THE NAME AND ANY IDENTIFYING INFORMATION OF THE REPORTER
				IS ALWAYS CONFIDENTIAL. The Court may order you to reveal the name of the
				reporter. Then, and only then, may you reveal the name. A.C.A. §
				12-12-506.
FREEDOM OF INFORMATION ACT
The general public can discover some information about
				you. Your personnel record can be disclosed, unless to do so would clearly be
				an unwarranted invasion of privacy. Therefore, the Department can not release
				your Social Security Number, your school transcripts, your PPES information
				unless you are suspended or terminated as a result of your PPES score, or any
				grievance information. Grievance information becomes public record after the
				grievance process is completed if a grievance is appealed to the State
				Grievance Review Committee. If the grievance is not appealed to the state
				level, the discipline does not become public record. See A.C.A §
												25-19-105.
See these policy sections for more information on
				confidentiality: Policy (II-D): Child Maltreatment Central Registry; Procedure
				(II-D1): Requests for Central Registry Information; Procedure (II-D2) Requests
				for Information from Agencies Providing Protective Services; Policy (VII-B):
				Providing Information to Foster Parents; Procedure (VII-B1): Providing
				Information to Foster Parents.