Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 15 - Children and Family Services › Rule 016.15.08-002 - POLICY VI-A: Out of Home Placement Criteria; POLICY VII-A: Foster Parent Recruitment, Training, Approval, Re-evaluation and Retention; POLICY VIII-G: Development of Adoptive Placement

Current through Register Vol. 49, No. 6, June, 2024
VI.
SERVICES TO REUNIFY FAMILIES
POLICY VI-A
OUT-OF-HOME PLACEMENT CRITERIA
The state of Arkansas is not a voluntary placement state.
				The removal of a child from his home must occur pursuant to a judicial order
				placing custody of the child with the Department. 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 and is matched to the child's physical and therapeutic
				needs. 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.
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 10 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 10 and up has resided in the preceding six (6) 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.
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, 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 years. The placement
				decision shall be based on an individual assessment of the child's needs. All
				efforts to place a child within Arkansas shall be thoroughly explored and
				documented before consideration is given to out-of-state placement. Relatives
				shall be considered for placement first.
In an emergency situation, a Sheriff or Police Chief may
				place children in DCFS Foster Homes, but only when the following circumstances,
				guidelines, and criteria have been met:
*
The sheriff or chief of police contacts the area or
				county designated on-call worker and does not get a return phone call within
				thirty (30) minutes;
*
Subsequent to not receiving a phone call in the above
				situation, the sheriff or chief of police contacts the DCFS Emergency Contact
				Line and does not get a return phone call within fifteen (15)
				minutes;
*
The foster parent is personally well-known to the
				sheriff or the chief of police;
*
The sheriff or chief of police has:
1.
Determined that the foster parent's
			 home is safe and provides adequate accommodations for the child;
			 and
2.
Performed a
			 criminal record and child maltreatment check on the foster parent; and
*
The sheriff or chief of police will on the next
				business day, notify DCFS of the time and date that the child was placed in the
				foster parent's home.
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, or facility, or an exempt child
				welfare agency as defined at A.C.A. §
											9-28-402. The court shall not
				specify a particular provider for placement of any foster child.
In an effort to preserve family connections, a child in
				foster care may be placed in a Provisional Relative Foster Home if a relative
				has been identified and is appropriate. A "Provisional Foster Home" means
				a
foster home opened for no more than six (6) months by
				DCFS for a relative of a child in the custody of the division after the
				division conducts (a) A health and safety check, including a central registry
				check, a criminal and local background check, and a fingerprint-based check of
				national crime information databases on the relative and the appropriate people
				in the relative's home, a vehicle safety check and(b) A visual inspection of
				the home of the relative
.
In limited, case specific
				situations, the FSW may not be able to obtain a fingerprint based check because
				of 1) An individual's disability, including the lack of fingers, or 2)
				illegible prints due to low quality fingerprints as a result of age, occupation
				or otherwise. Alternate background checks should be obtained according to
				Procedure VI-A1.
"Relative" means a person within the fifth degree of
				kinship by virtue of blood or adoption. See Policy VI-J and Procedure VI-J1 to
				discuss placement options with the relative.
The child is in the custody of the department, therefore,
				the child shall remain in a licensed or approved foster home, shelter or
				facility until the relative's home is opened as a provisional home, regular
				foster home or the court grants custody to the relative or person after a
				written approved home study is presented to the court.
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 meets all of the licensing requirements and DCFS standards and is
				opened as a regular foster home. Until the relative's home is opened as a
				regular foster home, the relative may apply for and receive benefits for which
				the relative may be entitled due to the placement of the child in the home,
				such as benefits under the Temporary Employment Assistance (TEA) Program or
				food stamps.
If the relative's home is not fully licensed as a foster
				home after six (6) months of the placement of the child in the home (i.e. meet
				all requirements and is fully approved as a foster family home):
(a)
The Department shall remove the
			 child from the relative's home and close the relative's provisional foster home
			 or
(b)
The court shall
			 remove custody from the Department and grant custody of the child to the
			 relative.
The court shall not specify a particular provider for
				placement or family services, when DHS is the payer or provider. 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
j
uvenile 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.
When it is in the best interest of each of the children,
				the Department shall attempt to place siblings together while they are in a
				foster care and adoptive placement. 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. Relatives of children placed in the custody of
				the Department shall be given preferential consideration for placement, if the
				relative caregiver meets all relevant child protection standards and it is in
				the child's best interest to be placed with the relative caregiver. In order to
				assist in placing the child with an appropriate relative, the court will order
				the parent(s) to provide the following information to the
				Department:
*
The names, addresses, and phone numbers of any
				relatives who may be placement resources for the child;
*
The names, addresses, and phone numbers and other
				identifying information on any putative father(s) of the child;
*
Any information regarding possible membership or
				descent from an Indian tribe;
*
Information necessary to determine financial
				eligibility for services or foster care.
Placement or custody of a child in the home of a relative
				shall not relieve the Department of its responsibility to actively implement
				the goal of the case. See Policy VI-J (Out-of-Home Non-DHS Custody/Relative
				Placements).
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 worker shall discuss with the relative the following two (2)
				options for placement of the child in the relative's home:
(1)
The relative becoming a DHS
			 relative foster home; or
(2)
The relative 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 the relative's home is opened as a Provisional Relative foster home or
				regular foster home or the court grants custody of the child to the relative
				after a written approved home study is presented to the court.
If the court grants custody of the child to the
				relative:
(A)
The child
			 shall not be placed back in the custody of the Department while remaining in
			 the home of the relative;
(B)
The relative shall not receive any
			 financial assistance, including board payments, from the Department, except for
			 financial assistance for which the relative has applied and for which the
			 relative qualifies pursuant to the program guidelines, such as the Transitional
			 Employment Assistance Program, Food Stamps, Medicaid, and federal adoption
			 subsidy; and
(C)
The
			 Department shall not be ordered to pay the equivalent of board payments or
			 adoption subsidies to the relative as reasonable efforts to prevent removal of
			 custody from the relative.
Children who are in the custody of the Department shall
				be allowed trial placements with parents, for a period not to exceed sixty 60
				days. At the end of the sixty (60) days, 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 legal custodian of the child, even if the Juvenile Division of Circuit
				Court retains jurisdiction.
Placement shall be chosen:
*
To ensure the health and safety of a
				child;
*
To ensure that caretakers have the skills and training
				sufficient to deal with the child's special needs and any disabling condition;
				and
*
To keep the child in close proximity to the family, if
				possible, to maintain enrollment in the school the child attended before
				placement.
DCFS shall not place or permit a child in foster care to
				remain in any foster home if the foster parent smokes or allows anyone else to
				smoke in the presence of any child in foster care unless it is in the child's
				best interest to be placed in or remain in the foster home.
All foster parents will complete DCFS form CFS-363
				(Foster Parent Smoking Certification) and identify if the foster parents will
				permit smoking in the presence of a child in foster care.
Foster parents will indicate if smokers in the home or
				who visit the home will be permitted to smoke while in the presence of a child
				in foster care. If the foster parent indicates smoking will not occur in the
				presence of a child in foster care, then children in foster care may be placed
				in this foster home and DCFS will designate the home a "non-smoking" foster
				home.
If a foster parent indicates that smoking will occur in
				the presence of a child in foster care, the foster home will be designated a
				"smoking" foster home and no child may be placed or remain in the foster home
				unless it is in the child's best interest to be placed in or remain in the
				foster home.
DCFS policy is that second hand smoke is detrimental to a
				child's health and the presumption will be that it
is not in a child's best interest to be placed in a
				foster home that permits smoking in the presence of a child in foster care. To
				rebut this presumption, the worker must clearly identify why it is in the
				child's best interest to be exposed to second hand smoke.
The Area Manager will sign and submit the CFS-363 along
				with any supporting documentation for review and signature to the Assistant
				Director of Community Services requesting a finding that it is in the child's
				best interest to be placed in or remain in a smoking foster home. No child in
				foster care shall be placed in a smoking foster home without a waiver from the
				Assistant Director of Community Services.
For children in foster care who are currently in smoking
				foster homes, the worker shall make an individual assessment of each child's
				case and determine if it is in the child's best interest to remain in the
				smoking foster home. If so, the Area Manager shall complete a CFS-363 and
				submit the form along with any supporting documentation to the Assistant
				Director of Community Services requesting a finding that it is in the child's
				best interest to remain in the smoking foster home. If it is not in the child's
				best interest to remain in the smoking foster home, a plan shall immediately be
				developed to properly transition the child to a nonsmoking foster
				home.
State law prohibits smoking in a vehicle if a child in
				the car is under the age of six (6) and weighs less than sixty (60) pounds.
				Thus, no foster parent or DCFS employee may smoke in the vehicle when
				transporting a child in foster care who is under the age of six and weighs less
				than 60 pounds.
In accordance with A,C.A.
				20-27-1804, smoking is prohibited
				in all vehicles and enclosed areas owned, leased or operated by the State of
				Arkansas, its agencies and authorities. Therefore, DCFS staff may not smoke in
				a state vehicle OR in their private vehicle when a child in foster care is
				present. Foster parents are strongly discouraged from smoking in a vehicle when
				a child in foster care is present.
The Department shall make reasonable efforts
				to:
*
Maintain the family unit and prevent the unnecessary
				removal of a child from his home, as long as the child's safety is
				assured;
*
Effect the safe reunification of the child and family
				(if temporary out-of-home placement is necessary to safety of the child);
				and
*
Make and finalize alternate permanency plans in a
				timely manner when reunification is not appropriate or possible. In determining
				reasonable efforts to be made with respect to a child and in making such
				reasonable efforts, the child's health and safety is of paramount
				concern.
Within 30 days of a child being placed in DHS custody,
				the Division will provide the parents with literature, verbal information, and
				referrals to programs for parenting, child abuse, substance abuse, sexual abuse
				and family planning.
After a child is placed out of the home, reasonable
				efforts will be made to reunify a family, to make it possible for the child to
				safely return home. A judicial determination pertaining to reasonable efforts
				to prevent removal must have been made within 60 days of the child's removal
				from the home, otherwise the child will not be eligible for title IV-E foster
				care maintenance payments for the duration of his stay in foster care.
				Reasonable efforts to finalize an alternate permanency plan (i.e., place a
				child for adoption or with a legal guardian or permanent custodian) may be made
				concurrently with reasonable efforts to reunify a child with his family.
				Reasonable efforts shall also be made to obtain permanency for a child who has
				been in an out-of-home placement for more than twelve (12) months, or for
				fifteen (15) of the previous twenty-two (22) months.
Reasonable efforts to reunite a child with his parent(s)
				shall not be required in all cases. 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, and the court
				shall enter an order determining whether or not reunification services shall be
				provided. Reunification shall not be required if a court of competent
				jurisdiction, including the Juvenile Division of Circuit Court, has determined
				that the parent has:
(1)
Subjected the child to aggravated
			 circumstances; (See Glossary for the definition of aggravated
			 circumstances.)
(2)
Committed murder (which would have been an offense under section 1111(a) of
			 Title 18, USC, if the offense had occurred in the special maritime or
			 territorial jurisdiction of the United States) of any child;
(3)
Committed voluntary manslaughter
			 (which would have been an offense under section 1112(a) of Title 18, USC, if
			 the offense had occurred in the special maritime or territorial jurisdiction of
			 the United States) of any child;
(4)
Aided or abetted, attempted,
			 conspired, or solicited to commit such a murder or such a voluntary
			 manslaughter;
(5)
Committed a felony, battery, or assault that results in serious bodily injury
			 to any child; or
(6)
Had the parental rights involuntarily terminated as to a sibling of the child;
			 or
(7)
Abandoned an
			 infant (not the same as "Voluntary Delivery of an Infant", see Procedure VIII-
			 E2).
If reasonable efforts to reunify are determined by a
				court to be unnecessary, a permanency hearing must be held within 30 days after
				the court's determination. If the court determines no reunification services
				will be provided due to aggravating circumstances or upon recommendation from
				the Division or attorney ad litem at adjudication, the Family Service Worker
				will have case management responsibility until the child is placed in an
				adoptive home.
If the court recommends that reunification services
				should not be provided to reunite a child with his family, DHS, the attorney ad
				litem or the court shall provide written notice to the defendants. When DHS is
				the agency requesting that no reunification services be provided, it will send
				the written notice to the defendants in coordination with OCC. The notice shall
				be provided to the parties at least fourteen (14) calendar days before the
				no-reunification hearing, and the notice shall identify in sufficient detail to
				put the family on notice, the grounds for recommending "no reunification
				services".
The burden of presenting the case shall be on the
				requesting party. 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.
An adolescent or child sexual offender in DCFS custody,
				who has been designated a risk Level 3 or Level 4, and is required to register
				as a sex offender, will not be placed in any out-of-home placement that is
				within two-thousand (2,000) feet of the victim's residence. In addition, the
				perpetrator is not allowed to have any direct or indirect contact with the
				victim that may be considered harassment. Also, the child may not be placed in
				any out-of-home placement that is within two-thousand (2,000) feet of any
				public or private elementary or secondary school, public park, youth center, or
				daycare facility.
CLEAN
VI.
SERVICES TO REUNIFY FAMILIES
POLICY VI-A
OUT-OF-HOME
PLACEMENT CRITERIA
The state of Arkansas is not a voluntary placement state.
				The removal of a child from his home must occur pursuant to a judicial order
				placing custody of the child with the Department. 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 and is matched to the child's physical and therapeutic
				needs. 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.
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 10 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 10 and up has resided in the preceding six (6) 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.
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, 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 years. The placement
				decision shall be based on an individual assessment of the child's needs. All
				efforts to place a child within Arkansas shall be thoroughly explored and
				documented before consideration is given to out-of-state placement. Relatives
				shall be considered for placement first.
In an emergency situation, a Sheriff or Police Chief may
				place children in DCFS Foster Homes, but only when the following circumstances,
				guidelines, and criteria have been met:
*
The sheriff or chief of police contacts the area or
				county designated on-call worker and does not get a return phone call within
				thirty (30) minutes;
*
Subsequent to not receiving a phone call in the above
				situation, the sheriff or chief of police contacts the DCFS Emergency Contact
				Line and does not get a return phone call within fifteen (15)
				minutes;
*
The foster parent is personally well-known to the
				sheriff or the chief of police;
*
The sheriff or chief of police has:
1.
Determined that the foster parent's
			 home is safe and provides adequate accommodations for the child;
			 and
2.
Performed a
			 criminal record and child maltreatment check on the foster parent; and
*
The sheriff or chief of police will on the next
				business day, notify DCFS of the time and date that the child was placed in the
				foster parent's home.
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, or facility, or an exempt child
				welfare agency as defined at A.C.A. §
														9-28-402. The court shall not
				specify a particular provider for placement of any foster child.
In an effort to preserve family connections, a child in
				foster care may be placed in a Provisional Relative Foster Home if a relative
				has been identified and is appropriate. A "Provisional Foster Home" means
				a
foster home opened for no more than six (6) months by
				DCFS for a relative of a child in the custody of the division after the
				division conducts (a) A health and safety check, including a central registry
				check, a criminal and local background check, and a fingerprint-based check of
				national crime information databases on the relative and the appropriate people
				in the relative's home, a vehicle safety check and(b) A visual inspection of
				the home of the relative
.
In limited, case specific situations,
				the FSW may not be able to obtain a fingerprint based check because of 1) An
				individual's disability, including the lack of fingers, or 2) illegible prints
				due to low quality fingerprints as a result of age, occupation or otherwise.
				Alternate background checks should be obtained according to Procedure
				VI-A1.
"Relative" means a person within the fifth degree of
				kinship by virtue of blood or adoption. See Policy VI-J and Procedure VI-J1 to
				discuss placement options with the relative.
The child is in the custody of the department, therefore,
				the child shall remain in a licensed or approved foster home, shelter or
				facility until the relative's home is opened as a provisional home, regular
				foster home or the court grants custody to the relative or person after a
				written approved home study is presented to the court.
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 meets all of the licensing requirements and DCFS standards and is
				opened as a regular foster home. Until the relative's home is opened as a
				regular foster home, the relative may apply for and receive benefits for which
				the relative may be entitled due to the placement of the child in the home,
				such as benefits under the Temporary Employment Assistance (TEA) Program or
				food stamps.
If the relative's home is not fully licensed as a foster
				home after six (6) months of the placement of the child in the home (i.e. meet
				all requirements and is fully approved as a foster family home):
(a)
The Department shall remove the
			 child from the relative's home and close the relative's provisional foster home
			 or
(b)
The court
			 shall remove custody from the Department and grant custody of the child to the
			 relative.
The court shall not specify a particular provider for
				placement or family services, when DHS is the payer or provider. 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
j
uvenile 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.
When it is in the best interest of each of the children,
				the Department shall attempt to place siblings together while they are in a
				foster care and adoptive placement. 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. Relatives of children placed in the custody of
				the Department shall be given preferential consideration for placement, if the
				relative caregiver meets all relevant child protection standards and it is in
				the child's best interest to be placed with the relative caregiver. In order to
				assist in placing the child with an appropriate relative, the court will order
				the parent(s) to provide the following information to the
				Department:
*
The names, addresses, and phone numbers of any
				relatives who may be placement resources for the child;
*
The names, addresses, and phone numbers and other
				identifying information on any putative father(s) of the child;
*
Any information regarding possible membership or
				descent from an Indian tribe;
*
Information necessary to determine financial
				eligibility for services or foster care.
Placement or custody of a child in the home of a relative
				shall not relieve the Department of its responsibility to actively implement
				the goal of the case. See Policy VI-J (Out-of-Home Non-DHS Custody/Relative
				Placements).
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 worker shall discuss with the relative the following two (2)
				options for placement of the child in the relative's home:
(1)
The relative becoming a DHS
				relative foster home; or
(2)
The relative 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 the relative's home is opened as a Provisional Relative foster home or
				  regular foster home or the court grants custody of the child to the relative
				  after a written approved home study is presented to the court.
If the court grants custody of the child to the
				  relative:
(A)
The child
				shall not be placed back in the custody of the Department while remaining in
				the home of the relative;
(B)
The relative shall not receive any
				financial assistance, including board payments, from the Department, except for
				financial assistance for which the relative has applied and for which the
				relative qualifies pursuant to the program guidelines, such as the Transitional
				Employment Assistance Program, Food Stamps, Medicaid, and federal adoption
				subsidy; and
(C)
The
				Department shall not be ordered to pay the equivalent of board payments or
				adoption subsidies to the relative as reasonable efforts to prevent removal of
				custody from the relative.
Children who are in the custody of the Department shall
				be allowed trial placements with parents, for a period not to exceed sixty 60
				days. At the end of the sixty (60) days, 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 legal custodian of the child, even if the Juvenile Division of Circuit
				Court retains jurisdiction.
Placement shall be chosen:
*
To ensure the health and safety of a
				child;
*
To ensure that caretakers have the skills and training
				sufficient to deal with the child's special needs and any disabling condition;
				and
*
To keep the child in close proximity to the family, if
				possible, to maintain enrollment in the school the child attended before
				placement.
DCFS shall not place or permit a child in foster care to
				remain in any foster home if the foster parent smokes or allows anyone else to
				smoke in the presence of any child in foster care unless it is in the child's
				best interest to be placed in or remain in the foster home.
All foster parents will complete DCFS form CFS-363
				(Foster Parent Smoking Certification) and identify if the foster parents will
				permit smoking in the presence of a child in foster care.
Foster parents will indicate if smokers in the home or
				who visit the home will be permitted to smoke while in the presence of a child
				in foster care. If the foster parent indicates smoking will not occur in the
				presence of a child in foster care, then children in foster care may be placed
				in this foster home and DCFS will designate the home a "non-smoking" foster
				home.
If a foster parent indicates that smoking will occur in
				the presence of a child in foster care, the foster home will be designated a
				"smoking" foster home and no child may be placed or remain in the foster home
				unless it is in the child's best interest to be placed in or remain in the
				foster home.
DCFS policy is that second hand smoke is detrimental to a
				child's health and the presumption will be that it
is not in a child's best interest to be placed in a
				foster home that permits smoking in the presence of a child in foster care. To
				rebut this presumption, the worker must clearly identify why it is in the
				child's best interest to be exposed to second hand smoke.
The Area Manager will sign and submit the CFS-363 along
				with any supporting documentation for review and signature to the Assistant
				Director of Community Services requesting a finding that it is in the child's
				best interest to be placed in or remain in a smoking foster home. No child in
				foster care shall be placed in a smoking foster home without a waiver from the
				Assistant Director of Community Services.
For children in foster care who are currently in smoking
				foster homes, the worker shall make an individual assessment of each child's
				case and determine if it is in the child's best interest to remain in the
				smoking foster home. If so, the Area Manager shall complete a CFS-363 and
				submit the form along with any supporting documentation to the Assistant
				Director of Community Services requesting a finding that it is in the child's
				best interest to remain in the smoking foster home. If it is not in the child's
				best interest to remain in the smoking foster home, a plan shall immediately be
				developed to properly transition the child to a nonsmoking foster
				home.
State law prohibits smoking in a vehicle if a child in
				the car is under the age of six (6) and weighs less than sixty (60) pounds.
				Thus, no foster parent or DCFS employee may smoke in the vehicle when
				transporting a child in foster care who is under the age of six and weighs less
				than 60 pounds.
In accordance with A,C.A.
				20-27-1804, smoking is prohibited
				in all vehicles and enclosed areas owned, leased or operated by the State of
				Arkansas, its agencies and authorities. Therefore, DCFS staff may not smoke in
				a state vehicle OR in their private vehicle when a child in foster care is
				present. Foster parents are strongly discouraged from smoking in a vehicle when
				a child in foster care is present.
The Department shall make reasonable efforts
				to:
*
Maintain the family unit and prevent the unnecessary
				removal of a child from his home, as long as the child's safety is
				assured;
*
Effect the safe reunification of the child and family
				(if temporary out-of-home placement is necessary to safety of the child);
				and
*
Make and finalize alternate permanency plans in a
				timely manner when reunification is not appropriate or possible. In determining
				reasonable efforts to be made with respect to a child and in making such
				reasonable efforts, the child's health and safety is of paramount
				concern.
Within 30 days of a child being placed in DHS custody,
				the Division will provide the parents with literature, verbal information, and
				referrals to programs for parenting, child abuse, substance abuse, sexual abuse
				and family planning.
After a child is placed out of the home, reasonable
				efforts will be made to reunify a family, to make it possible for the child to
				safely return home. A judicial determination pertaining to reasonable efforts
				to prevent removal must have been made within 60 days of the child's removal
				from the home, otherwise the child will not be eligible for title IV-E foster
				care maintenance payments for the duration of his stay in foster care.
				Reasonable efforts to finalize an alternate permanency plan (i.e., place a
				child for adoption or with a legal guardian or permanent custodian) may be made
				concurrently with reasonable efforts to reunify a child with his family.
				Reasonable efforts shall also be made to obtain permanency for a child who has
				been in an out-of-home placement for more than twelve (12) months, or for
				fifteen (15) of the previous twenty-two (22) months.
Reasonable efforts to reunite a child with his parent(s)
				shall not be required in all cases. 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, and the court
				shall enter an order determining whether or not reunification services shall be
				provided. Reunification shall not be required if a court of competent
				jurisdiction, including the Juvenile Division of Circuit Court, has determined
				that the parent has:
(1)
Subjected the child to aggravated circumstances; (See Glossary for the
			 definition of aggravated circumstances.)
(2)
Committed murder (which would have
			 been an offense under section 1111(a) of Title 18, USC, if the offense had
			 occurred in the special maritime or territorial jurisdiction of the United
			 States) of any child;
(3)
Committed voluntary manslaughter (which would have been an offense under
			 section 1112(a) of Title 18, USC, if the offense had occurred in the special
			 maritime or territorial jurisdiction of the United States) of any
			 child;
(4)
Aided or
			 abetted, attempted, conspired, or solicited to commit such a murder or such a
			 voluntary manslaughter;
(5)
Committed a felony, battery, or assault that results in serious bodily
			 injury to any child; or
(6)
Had the parental rights involuntarily terminated as to a sibling of the
			 child; or
(7)
Abandoned an infant (not the same as "Voluntary Delivery of an Infant", see
			 Procedure VIII- E2).
If reasonable efforts to reunify are determined by a
				court to be unnecessary, a permanency hearing must be held within 30 days after
				the court's determination. If the court determines no reunification services
				will be provided due to aggravating circumstances or upon recommendation from
				the Division or attorney ad litem at adjudication, the Family Service Worker
				will have case management responsibility until the child is placed in an
				adoptive home.
If the court recommends that reunification services
				should not be provided to reunite a child with his family, DHS, the attorney ad
				litem or the court shall provide written notice to the defendants. When DHS is
				the agency requesting that no reunification services be provided, it will send
				the written notice to the defendants in coordination with OCC. The notice shall
				be provided to the parties at least fourteen (14) calendar days before the
				no-reunification hearing, and the notice shall identify in sufficient detail to
				put the family on notice, the grounds for recommending "no reunification
				services".
The burden of presenting the case shall be on the
				requesting party. 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.
An adolescent or child sexual offender in DCFS custody,
				who has been designated a risk Level 3 or Level 4, and is required to register
				as a sex offender, will not be placed in any out-of-home placement that is
				within two-thousand (2,000) feet of the victim's residence. In addition, the
				perpetrator is not allowed to have any direct or indirect contact with the
				victim that may be considered harassment. Also, the child may not be placed in
				any out-of-home placement that is within two-thousand (2,000) feet of any
				public or private elementary or secondary school, public park, youth center, or
				daycare facility.
MARKED UP
VII.
SERVICES TO SUPPORT FOSTER PARENTS
POLICY VII-A
FOSTER PARENT RECRUITMENT, TRAINING,
				APPROVAL,
REEVALUATION AND RETENTION
Foster care is a team effort involving DCFS, the family
				foster parents, the foster child, and the
custodial/noncustodial parents . When all those directly
				involved in the situation understand their own and each others' roles and
				cooperate as team members in a team effort, the quality of the experience for
				all is increased, and the effect on the child's future well-being is greatly
				influenced. See "Family Foster Parent Handbook" (PUB- 30) for responsibilities
				of the Foster Care Team.)
For the purpose of title IV-E eligibility, a foster
				family home means the home of an individual or family licensed or approved as
				meeting the standards established by the Child Welfare Agency Review Board that
				provides 24-hour out-of-home care for children. (With respect to foster family
				homes on or near Indian reservations, approval would rest with the tribal
				licensing or approval authority(ies). The term includes group homes,
				agency-operated boarding homes or other facilities licensed or approved for the
				purpose of providing foster care. Foster family homes that are approved must be
				held to the same standards as foster family homes that are licensed. Anything
				less than full licensure or approval is insufficient for meeting title IV-E
				eligibility requirements.
In addition, the Child Welfare Agency Licensing Act
				defines a foster home as a private residence of one (1) or more family members
				that receives from a child welfare agency any minor child who is unattended by
				a parent or guardian in order to provide care, training, education, custody or
				supervision on a twenty-four (24) hour basis, not to include adoptive homes The
				home must meet family foster home standards and the individual child's needs
				for the duration of the placement.
There are three types of DCFS foster homes referenced in
				the CHRIS System. Foster Family Home (Non Relative), Relative Foster Home
				(Kinship Only), and Relative Foster Home (Fostering and Kinship). There will be
				no distinction in approval requirements between relative foster homes and all
				other approved foster homes in Arkansas.
Relative foster homes are homes in which adult relatives
				within the first, second, or third degree of consanguinity to the parent or
				stepparent are recruited by the Family Service Worker to provide 24 hours per
				day care for children who are related through blood or marriage. These homes
				must meet all of the minimum licensing requirements for a family foster home.
				Relatives who are approved for placement of children in their home may choose
				to be a relative foster home or a regular foster home. Relative foster homes
				will be approved only for placement of relative children. If the relatives
				choose to be a regular foster home, they will have the responsibility of caring
				for relative and non-relative foster children.
Once permanency is achieved for the relative children
				placed in a relative family foster home, relatives may choose to become a
				regular Family Foster Home if they remain in compliance with licensing
				standards. This will be a decision made by both the relatives and DCFS based on
				the best interest of the relative children.
The Division shall recruit a sufficient number of foster
				parents to ensure that all children are placed in the least restrictive, most
				family like setting that meets the child's individual needs. The Division shall
				diligently recruit potential foster families that reflect the ethnic and racial
				diversity of children in DHS custody for whom a foster home is needed.
				Recruitment of new foster families is an on-going activity for which Area and
				County staff are mainly responsible. Recruitment can be achieved by several
				means including participation from current foster parents, development of local
				and statewide media campaigns and through the use of contact with community
				organizations. The Division will employ the use of the Family Foster Home Needs
				Assessment to assist with specific county recruitment efforts. The Family
				Foster Home Needs Assessment
will also be utilized in the development of the Foster
				Home Recruitment Plan. Targeted recruitment of specialized foster parents shall
				address the special needs of children needing placement.
The Division shall place children in approved foster
				homes where the foster parents have satisfactorily completed the Division's
				pre-service training curriculum, have been cleared through the Central Registry
				and through a local and state criminal records background check.
An FBI criminal records check shall be conducted on all
				foster parents and members of the household age sixteen (16) and older,
				excluding children in foster care. The Division will request any other state
				where the prospective foster parent or any other household member age ten (10)
				and older have resided in the preceding six (6) years to check its child abuse
				and neglect registry. The Division will provide documentation in the case
				record that the criminal record check was conducted on the prospective foster
				parent.
In limited, case specific situations, the FSW
				may not be able to obtain a fingerprint based check because of 1) An
				individual's disability, including the lack of fingers, or 2) illegible prints
				due to low quality fingerprints as a result of age, occupation or otherwise.
				Alternate background checks should be obtained according to Procedure
				VI-A1.
DCFS will check the driving record (violation points) for
				each potential foster parent. The Arkansas State Vehicle Safety Program sets
				the maximum number of traffic violation points a foster parent may be allowed.
				The completion and approval for all foster home re-evaluations must be
				documented in CHRIS.
The approval process shall concurrently educate foster
				parents on the characteristics of children in out-of-home placement and assess
				their capability to meet those needs and their compliance with the DCFS
				standards for approval of foster homes. An Individualized Training Plan for
				in-service training shall be developed for each foster parent. The plan shall
				take into consideration the age and characteristics of children for whom the
				foster parent is caring and the expressed preferences of the foster
				parent.
DCFS shall re-evaluate each foster home's ability to care
				for children at least annually and whenever there is a major life change in the
				lives of foster families. Foster parents who do not meet the in-service
				training requirement will be placed on probation for sixty (60) days. No new
				children receiving out-of-home placement services may be placed during the
				probation period. Foster parents shall complete their annual in-service
				training requirements before they receive any additional children receiving
				out-of-home placement services unless an exception is granted. The completion
				and approval of all foster home re-evaluations must be documented in CHRIS. If
				a foster family re-evaluation is not completed and documented annually in
				CHRIS, any IV-E eligible child placed in the home will loose his IV-E
				eligibility until the re-evaluation of the family is completed and
				documented.
DCFS employees are not permitted to be agency approved
				foster family homes. However, in situations where Division staff are relatives
				to children placed in DHS custody, and it is in the best interest of the child
				to be placed with the relative, the DCFS Director may grant approval on a
				case-by-case basis.
DCFS will retain good foster homes by ensuring good
				communication with and support to those homes.
CLEAN
VII.
SERVICES TO SUPPORT FOSTER PARENTS
POLICY VII-A
FOSTER PARENT RECRUITMENT, TRAINING,
				APPROVAL,
REEVALUATION AND RETENTION
Foster care is a team effort involving DCFS, the family
				foster parents, the foster child, and the
custodial/noncustodial parents . When all those directly
				involved in the situation understand their own and each others' roles and
				cooperate as team members in a team effort, the quality of the experience for
				all is increased, and the effect on the child's future well-being is greatly
				influenced. See "Family Foster Parent Handbook" (PUB-30) for responsibilities
				of the Foster Care Team.)
For the purpose of title IV-E eligibility, a foster
				family home means the home of an individual or family licensed or approved as
				meeting the standards established by the Child Welfare Agency Review Board that
				provides 24-hour out-of-home care for children. (With respect to foster family
				homes on or near Indian reservations, approval would rest with the tribal
				licensing or approval authority(ies). The term includes group homes,
				agency-operated boarding homes or other facilities licensed or approved for the
				purpose of providing foster care. Foster family homes that are approved must be
				held to the same standards as foster family homes that are licensed. Anything
				less than full licensure or approval is insufficient for meeting title IV-E
				eligibility requirements.
In addition, the Child Welfare Agency Licensing Act
				defines a foster home as a private residence of one (1) or more family members
				that receives from a child welfare agency any minor child who is unattended by
				a parent or guardian in order to provide care, training, education, custody or
				supervision on a twenty-four (24) hour basis, not to include adoptive homes The
				home must meet family foster home standards and the individual child's needs
				for the duration of the placement.
There are three types of DCFS foster homes referenced in
				the CHRIS System. Foster Family Home (Non Relative), Relative Foster Home
				(Kinship Only), and Relative Foster Home (Fostering and Kinship). There will be
				no distinction in approval requirements between relative foster homes and all
				other approved foster homes in Arkansas.
Relative foster homes are homes in which adult relatives
				within the first, second, or third degree of consanguinity to the parent or
				stepparent are recruited by the Family Service Worker to provide 24 hours per
				day care for children who are related through blood or marriage. These homes
				must meet all of the minimum licensing requirements for a family foster home.
				Relatives who are approved for placement of children in their home may choose
				to be a relative foster home or a regular foster home. Relative foster homes
				will be approved only for placement of relative children. If the relatives
				choose to be a regular foster home, they will have the responsibility of caring
				for relative and non-relative foster children.
Once permanency is achieved for the relative children
				placed in a relative family foster home, relatives may choose to become a
				regular Family Foster Home if they remain in compliance with licensing
				standards. This will be a decision made by both the relatives and DCFS based on
				the best interest of the relative children.
The Division shall recruit a sufficient number of foster
				parents to ensure that all children are placed in the least restrictive, most
				family like setting that meets the child's individual needs. The Division shall
				diligently recruit potential foster families that reflect the ethnic and racial
				diversity of children in DHS custody for whom a foster home is needed.
				Recruitment of new foster families is an on-going activity for which Area and
				County staff are mainly responsible. Recruitment can be achieved by several
				means including participation from current foster parents, development of local
				and statewide media campaigns and through the use of contact with community
				organizations. The Division will employ the use of the Family Foster Home Needs
				Assessment to assist with specific county recruitment efforts. The Family
				Foster Home Needs Assessment
will also be utilized in the development of the Foster
				Home Recruitment Plan. Targeted recruitment of specialized foster parents shall
				address the special needs of children needing placement.
The Division shall place children in approved foster
				homes where the foster parents have satisfactorily completed the Division's
				pre-service training curriculum, have been cleared through the Central Registry
				and through a local and state criminal records background check.
An FBI criminal records check shall be conducted on all
				foster parents and members of the household age sixteen (16) and older,
				excluding children in foster care. The Division will request any other state
				where the prospective foster parent or any other household member age ten (10)
				and older have resided in the preceding six (6) years to check its child abuse
				and neglect registry. The Division will provide documentation in the case
				record that the criminal record check was conducted on the prospective foster
				parent.
In limited, case specific situations, the FSW may not be
				able to obtain a fingerprint based check because of 1) An individual's
				disability, including the lack of fingers, or 2) illegible prints due to low
				quality fingerprints as a result of age, occupation or otherwise. Alternate
				background checks should be obtained according to Procedure
				VI-A1.
DCFS will check the driving record (violation points) for
				each potential foster parent. The Arkansas State Vehicle Safety Program sets
				the maximum number of traffic violation points a foster parent may be allowed.
				The completion and approval for all foster home re-evaluations must be
				documented in CHRIS.
The approval process shall concurrently educate foster
				parents on the characteristics of children in out-of-home placement and assess
				their capability to meet those needs and their compliance with the DCFS
				standards for approval of foster homes. An Individualized Training Plan for
				in-service training shall be developed for each foster parent. The plan shall
				take into consideration the age and characteristics of children for whom the
				foster parent is caring and the expressed preferences of the foster
				parent.
DCFS shall re-evaluate each foster home's ability to care
				for children at least annually and whenever there is a major life change in the
				lives of foster families. Foster parents who do not meet the in-service
				training requirement will be placed on probation for sixty (60) days. No new
				children receiving out-of-home placement services may be placed during the
				probation period. Foster parents shall complete their annual in-service
				training requirements before they receive any additional children receiving
				out-of-home placement services unless an exception is granted. The completion
				and approval of all foster home re-evaluations must be documented in CHRIS. If
				a foster family re-evaluation is not completed and documented annually in
				CHRIS, any IV-E eligible child placed in the home will loose his IV-E
				eligibility until the re-evaluation of the family is completed and
				documented.
DCFS employees are not permitted to be agency approved
				foster family homes. However, in situations where Division staff are relatives
				to children placed in DHS custody, and it is in the best interest of the child
				to be placed with the relative, the DCFS Director may grant approval on a
				case-by-case basis.
DCFS will retain good foster homes by ensuring good
				communication with and support to those homes.
MARKED UP POLICY VIII-G DEVELOPMENT OF ADOPTIVE
				PLACEMENT
The Division provides adoption services to recruit,
				retain, assess, and prepare adoptive families. The services focus on finding
				families for children rather than finding children for families. Assessment and
				preparation of prospective adoptive families are completed according to the
				need for homes for children. A child is assessed and prepared for adoption. The
				child's health and safety shall be of paramount concern in the development of
				the adoptive placement.
Siblings shall be placed together in the same adoptive
				home. Siblings may be placed separately upon written documentation by a Mental
				Health Professional that placement of the siblings together would be
				detrimental to their best interests or is otherwise not possible at the time of
				placement.
Before placement of a child in the home of the adoptive
				parent, a home study will be conducted. The home study shall address whether
				the adoptive home is a suitable home, and shall include a recommendation as to
				the approval of the petitioner as an adoptive parent.
Before placement for adoption, the Division shall compile
				and provide to the prospective adoptive parents a detailed, written health
				history and genetic and social history of the child which excludes information
				which would identify custodial/non-custodial parent(s) or members of a
				custodial/noncustodial parent(s)'s family. The information shall be set forth
				in a document that is separate from any document containing information
				identifying the custodial/non-custodial parent(s) or members of the
				custodial/non-custodial parent(s)'s family. The detailed, written health
				history and genetic and social history shall be identified as such, and shall
				be filed with the clerk before the entry of the adoption decree. The adoption
				summary shall serve as the detailed health history, genetic, and social history
				document. Upon order of the court for good cause shown, the clerk of the
				circuit court may tender to a person identified by the court a copy of the
				detailed, written health history and genetic and social history.
The Division provides pre-placement services to move
				children into adoptive families in a timely manner and post-placement services
				to help the family adjust. After finalization, services are available to help
				preserve adoptive families.
The placement of a child for adoption will not be denied
				or delayed when an approved family is available outside the jurisdiction
				responsible for handling the child's case. A fair hearing will be granted to
				any individual who alleges denial of adoption approval as a result of residing
				outside the jurisdiction responsible for placing the child.
The Juvenile Division of Circuit Court shall retain
				jurisdiction to issue orders of adoption, interlocutory or final, when a
				juvenile is placed outside the state of Arkansas.
Adoptive parents, and each member of the household age
				ten (10) years and older, residing in Arkansas shall be checked with the Child
				Maltreatment Central Registry in the resident state and any other state in
				which they have resided for the past six (6) years. Adoptive parents and each
				member of the household age ten (10) years and older residing out of state
				shall provide Child Maltreatment Central Registry Checks from their state of
				residence. The Division will comply with any such request to check its child
				abuse and neglect registry received from another state.
Adoptive parents and each member of the household age
				fourteen (14) years and older residing in Arkansas shall be checked with the
				Identification Bureau of the Arkansas State Police for convictions of offenses
				listed in ACA
				9-28-409. Adoptive parents and each
				member of the household age fourteen (14) years and older residing out of the
				state shall provide State Police Criminal Record Checks from their state of
				residence. Out of state adoptive families do not need to do an Arkansas State
				Police Check if they have never resided in Arkansas. Adoptive parents and each
				member of the household
age sixteen (16) years and older, shall complete a
				fingerprint-based record check with the Federal Bureau of Investigation
				(FBI).
In limited, case specific situations, the FSW
				may not be able to obtain a fingerprint based check because of 1) An
				individual's disability, including the lack of fingers, or 2) illegible prints
				due to low quality fingerprints as a result of age, occupation or otherwise.
				Alternate background checks should be obtained according to Procedure
				VIII-F1.
The Division will provide documentation in the case
				record that a criminal record check was conducted on the prospective adoptive
				parent.
A prospective adoptive parent will not be approved or
				licensed if, based on a criminal record check, a court of competent
				jurisdiction has determined that the prospective adoptive parent has been
				convicted of a felony involving child abuse or neglect, spousal abuse, a crime
				against a child or children (including pornography), or a crime involving
				violence, including rape, sexual assault, or homicide, but not including other
				physical assault or battery.
A prospective adoptive parent will not be approved or
				licensed if, based on a criminal record check, a court of competent
				jurisdiction has determined that the prospective adoptive parent has, within
				the last five (5) years, been convicted of a felony involving physical assault,
				battery, or a drug-related offense.
Legal risk adoptive placements may be considered for a
				newborn that is being relinquished for adoption or for a child whose
				custodial/non-custodial parent(s) has filed an appeal to the termination of
				parental rights.
The Division shall provide notice of any hearing to be
				held with respect to a child in Department custody to the child's foster or
				pre-adoptive parents. (Families are identified as pre-adoptive once a child is
				placed in the home and prior to finalization of the adoption.) The original
				petitioner in the juvenile matter shall provide relative caregivers notice of
				any hearing. The court shall give foster parents, pre-adoptive parents, and
				relative caregivers the right to be heard in any hearing held with respect to a
				child in foster care. Foster parents, adoptive parents, and relative caregivers
				shall not be made a party to a case solely on the basis that they are entitled
				to notice and the right to be heard.
All records of any adoption finalized in the state of
				Arkansas shall be maintained for ninety-nine (99) years.
CLEAN POLICY VIII-G DEVELOPMENT OF ADOPTIVE
				PLACEMENT
The Division provides adoption services to recruit,
				retain, assess, and prepare adoptive families. The services focus on finding
				families for children rather than finding children for families. Assessment and
				preparation of prospective adoptive families are completed according to the
				need for homes for children. A child is assessed and prepared for adoption. The
				child's health and safety shall be of paramount concern in the development of
				the adoptive placement.
Siblings shall be placed together in the same adoptive
				home. Siblings may be placed separately upon written documentation by a Mental
				Health Professional that placement of the siblings together would be
				detrimental to their best interests or is otherwise not possible at the time of
				placement.
Before placement of a child in the home of the adoptive
				parent, a home study will be conducted. The home study shall address whether
				the adoptive home is a suitable home, and shall include a recommendation as to
				the approval of the petitioner as an adoptive parent.
Before placement for adoption, the Division shall compile
				and provide to the prospective adoptive parents a detailed, written health
				history and genetic and social history of the child which excludes information
				which would identify custodial/non-custodial parent(s) or members of a
				custodial/noncustodial parent(s)'s family. The information shall be set forth
				in a document that is separate from any document containing information
				identifying the custodial/non-custodial parent(s) or members of the
				custodial/non-custodial parent(s)'s family. The detailed, written health
				history and genetic and social history shall be identified as such, and shall
				be filed with the clerk before the entry of the adoption decree. The adoption
				summary shall serve as the detailed health history, genetic, and social history
				document. Upon order of the court for good cause shown, the clerk of the
				circuit court may tender to a person identified by the court a copy of the
				detailed, written health history and genetic and social history.
The Division provides pre-placement services to move
				children into adoptive families in a timely manner and post-placement services
				to help the family adjust. After finalization, services are available to help
				preserve adoptive families.
The placement of a child for adoption will not be denied
				or delayed when an approved family is available outside the jurisdiction
				responsible for handling the child's case. A fair hearing will be granted to
				any individual who alleges denial of adoption approval as a result of residing
				outside the jurisdiction responsible for placing the child.
The Juvenile Division of Circuit Court shall retain
				jurisdiction to issue orders of adoption, interlocutory or final, when a
				juvenile is placed outside the state of Arkansas.
Adoptive parents, and each member of the household age
				ten (10) years and older, residing in Arkansas shall be checked with the Child
				Maltreatment Central Registry in the resident state and any other state in
				which they have resided for the past six (6) years. Adoptive parents and each
				member of the household age ten (10) years and older residing out of state
				shall provide Child Maltreatment Central Registry Checks from their state of
				residence. The Division will comply with any such request to check its child
				abuse and neglect registry received from another state.
Adoptive parents and each member of the household age
				fourteen (14) years and older residing in Arkansas shall be checked with the
				Identification Bureau of the Arkansas State Police for convictions of offenses
				listed in ACA
				9-28-409. Adoptive parents and each
				member of the household age fourteen (14) years and older residing out of the
				state shall provide State Police Criminal Record Checks from their state of
				residence. Out of state adoptive families do not need to do an Arkansas State
				Police Check if they have never resided in Arkansas. Adoptive parents and each
				member of the household
age sixteen (16) years and older, shall complete a
				fingerprint-based record check with the Federal Bureau of Investigation
				(FBI).
In limited, case specific situations, the FSW may not be
				able to obtain a fingerprint based check because of 1) An individual's
				disability, including the lack of fingers, or 2) illegible prints due to low
				quality fingerprints as a result of age, occupation or otherwise. Alternate
				background checks should be obtained according to Procedure
				VIII-F1.
The Division will provide documentation in the case
				record that a criminal record check was conducted on the prospective adoptive
				parent.
A prospective adoptive parent will not be approved or
				licensed if, based on a criminal record check, a court of competent
				jurisdiction has determined that the prospective adoptive parent has been
				convicted of a felony involving child abuse or neglect, spousal abuse, a crime
				against a child or children (including pornography), or a crime involving
				violence, including rape, sexual assault, or homicide, but not including other
				physical assault or battery.
A prospective adoptive parent will not be approved or
				licensed if, based on a criminal record check, a court of competent
				jurisdiction has determined that the prospective adoptive parent has, within
				the last five (5) years, been convicted of a felony involving physical assault,
				battery, or a drug-related offense.
Legal risk adoptive placements may be considered for a
				newborn that is being relinquished for adoption or for a child whose
				custodial/non-custodial parent(s) has filed an appeal to the termination of
				parental rights.
The Division shall provide notice of any hearing to be
				held with respect to a child in Department custody to the child's foster or
				pre-adoptive parents. (Families are identified as pre-adoptive once a child is
				placed in the home and prior to finalization of the adoption.) The original
				petitioner in the juvenile matter shall provide relative caregivers notice of
				any hearing. The court shall give foster parents, pre-adoptive parents, and
				relative caregivers the right to be heard in any hearing held with respect to a
				child in foster care. Foster parents, adoptive parents, and relative caregivers
				shall not be made a party to a case solely on the basis that they are entitled
				to notice and the right to be heard.
All records of any adoption finalized in the state of
				Arkansas shall be maintained for ninety-nine (99)
				years.