Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 15 - Children and Family Services › Rule 016.15.13-010 - POLICIES II-H - FAMILY IN NEED OF SERVICES; VI-D - INITIAL AND GENERAL HEALTH SERVICES FOR CHILDREN RECEIVING OUT-OF-HOME PLACEMENT SERVICES; VI-G - CASE REVIEW JUDICIAL HEARINGS FOR CHILDREN IN OUT-OF-HOME PLACEMENT; VII-K - CHANGES IN OUT-OF-HOME PLACEMENT; VIII-D - TERMINATION OF PARENTAL RIGHTS; VIII-E - DECISIONS INVOLVING CHILDREN IN DHS CUSTODY WITH PARENTAL RIGHTS TERMINATED; and CFS-495: Notification of Change

Current through Register Vol. 49, No. 6, June, 2024
A.C.A. §
									9-27-303 defines "Family In Need of
				Services" (FINS) as any family whose juvenile evidences behavior which
				includes, but is not limited to, the following:
A.
Being habitually and without
			 justification absent from school while subject to compulsory school
			 attendance;
B.
Being
			 habitually disobedient to the reasonable and lawful commands of his parent,
			 guardian, or custodian; or
C.
Having absented himself from the
			 juvenile's home without sufficient cause, permission, or
			 justification.
Family services are provided in order to:
A.
Prevent a juvenile from being
			 removed from a parent, guardian, or custodian;
B.
Reunite the juvenile with the
			 parent, guardian, or custodian from whom the juvenile has been removed;
			 or
C.
Implement a
			 permanent plan or adoption, guardianship, or rehabilitation of the
			 juvenile.
The court shall not specify a particular provider for
				placement or family services, when DHS is the payor or provider. A court may
				order a child to be placed into a licensed approved placement
(i.e., no child shall be
-[
placed or
				remain in a placement in a foster home that has been closed or suspended by a
				child placement agency)
after a hearing where the_court makes a
				finding that it is in the best interest of the child based on bona fide
				consideration of evidence and recommendations from all the parties. The court
				may also order a child to remain in a placement if the court finds the
				placement is in the best interest of the child after hearing evidence from all
				parties.
If the health or welfare of a child is in
				immediate danger while in a court-ordered placement the Division
				may
[
immediately remove the child from the
				court-ordered placement. If the Division must move a child from a
				court-
|
ordered placement due to the health or
				welfare of a child being in immediate danger, the Division shall notify all
				parties within 24 hours of the change in placement. Regarding this type of
				placement change, a hearing may be requested by a party to the case, and the
				hearing shall be held within five business days of receiving the
				request.
POLICY VI-D: INITIAL
AND GENERAL
HEALTH SERVICES FOR CHILDREN RECEIVING OUT-OF-HOME PLACEMENT
				SERVICES
08/2013
The Division of Children and Family Services shall ensure
				that all necessary medical services are provided to children receiving
				out-of-home placement
services in order to promote their optimal
				physical, mental, and emotional health and well-being
.
Foster parents will play an integral role in meeting the child's
				daily health .and well-being needs.
A
s
the legal custodian for
				children in out-of-home placements, the Division has the right to obtain the
				medical records of any child upon presentation of an order of custody. In
				addition, the Division has the right to obtain medical care for any, child in
				DHS custody, including giving consent to specific medical, dental, or mental
				health treatments and procedures as required in the opinion of an authorized or
				licensed physician, dentist, surgeon, or psychologist, whether or not such care
				is provided on an emergency, inpatient, or outpatient basis. However, the
				Division shall not make any of the following decisions without receiving
				express court approval:
A.
Consent to the removal
			 of bodily organs, unless the procedure is necessary to save the life of the
			 child;
B.
Consent to withhold life-saving
			 treatments;
___________________
C.
Consent to withhold
			 life-sustaining treatments; or,
_______________
D.
Amputation of any body
			 part.
An initial health screening will be held.- If the initial
				screening indicates that treatment or further evaluation is needed, DCFS shall
				ensure that such treatment or evaluation is promptly provided.
A Medical Passport will be completed for each child in an
				out-of-home placement.- The Medical Passport is a brief, readable, and current
				summary of the child's health history and current health status for use by
				present and future caretakers of the child.
/
POLICY VI-G: CASE REVIEW JUDICIAL HEARINGS
				FOR CHILDREN IN OUT-OF-HOME PLACEMENT
08 /201
3
,SIX MONTH REVIEW
				HEARINGS
The court will review out-of-home placement
				cases no less than every six months
, including children
in out-of-home cases who are
placed
				out-of-state
.
,The first six month review
				shall be held no later than six months from the date of the original
				out-of-home placement of the child. However, the court may require a review
				prior to the sixth month review hearing. In addition, at any time during the
				life of an out-of-home placement case, any party may request the court to
				review the case, and the party requesting the hearing shall provide reasonable
				notice to all parties.
At each sixth month hearing the court will
				review the case sufficiently to determine the future status of the child based
				on the child's best interest. The court shall determine and include in its
				orders the following:
A.
.Whether the case plan,
			 services, and placement meet the needs and best interest of the child, with the
			 child's health, safety, and educational needs specifically
			 addressed;
B.
Whether the Division has made reasonable efforts to provide
			 family services;
C.
Whether the case plan
			 is moving towards an appropriate permanency plan for the child, per A.C.A.
			 §
										9-27-338;
D.
.Whether the visitation
			 plan is appropriate for the child, the parent(s), or any siblings, if
			 separated.
provided in writing to all parties and
			 counsel at least two days prior to the review hearing. All parties will be
			 given a fair opportunity to dispute any part of a study, evaluation, or
			 post-disposition report.
In making its findings, the court shall
				consider the following:
A.
The extent of compliance with the
			 case plan, including but not limited to, a review of the Division's care*/ for
			 the health, safety, and education of the child while the child has been in an
			 out-of-home placement; -The
B.
extent of progress made toward
			 alleviating or mitigating the causes necessitating the out-of home
			 placement;
C.
Whether
			 the child should be returned to his or her parent(s) and whether the child's
			 health and safety- can be protected by his or her parent(s) if returned
			 home;
D.
An
			 appropriate permanency plan pursuant to A.C.A. §
										9-27-338 for the child, including
			 concurrent
planning (e.g., adoption, legal guardianship,
				APPLA, as appropriate).
____________________________
PERMANENCY PLANNING
				HEARING
The permanency planning hearing
(PPH)
shall determine the permanency goal for the
				child that includes, listed
in order of preference
, in accordance with
				the best interest, health, and safety of the
				child
:____________________
A.
Placing custody of the
			 child with a fit parent at the permanency planning hearing
B.
Returning the child, to the guardian or custodian from whom the
			 child, was removed initially removed at*- the permanency planning
			 hearing.,
_______________________________
C.
Authorizing a plan to
			 place custody of the child with a parent, guardian, or custodian only if the
			 court
finds that:
1)
The parent, guardian,
			 or custodian is complying with the established case plan and orders
			 of-
the court, making significant progress toward
			 achieving goals established in the case plan and diligently working toward
			 reunification or placement in the home of the parent, guardian, or
			 custodian.
a)
A parent's, guardian's, or custodian's resumption of contact or
			 overtures toward-
"-
participating in the case plan or
			 following court orders in the months or weeks immediately preceding the
			 permanency planning hearing are insufficient grounds for authorizing a plan to
			 return or be placed in the home as the permanency
			 plan..
________
b)
,The burden is on the
			 parent, guardian, or custodian to demonstrate genuine, sustainable investment
			 in completing the requirements of the case plan and following court orders in
			 order to authorize a plan or return ,or be placed in the, home as the
			 permanency goal.
______