Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 15 - Children and Family Services › Rule 016.15.15-004 - Policy VII-G: Revisions to Alternate Care Policy and Procedures

Current through Register Vol. 49, No. 6, June, 2024
Alternate care for children in out-of-home placement may
				be used to provide assistance to foster parents when circumstances requiring
				supervision by an appropriate adult other than the foster parents exist.
The Division also promotes the use of certain types of alternate
				care (e.g., normal age appropriate activities, interaction with a Foster Family
				Support System) among children and youth as a way to foster normalcy in the
				lives of children and youth in out-of-home
				placements
.
There are five categories of alternate
				care:
A.
Normal
			 Age-Appropriate Activities
-
Children in
all
			 out-of-home placement types will be encouraged to participate in
			 extracurricular, enrichment, cultural, and/or social
activities
that are age- and developmentally-appropriate for a particular
			 child. Age- and developmentally appropriate activities are those that are
			 generally accepted as suitable for children of the same chronological age and
			 that are determined to be developmentally- appropriate for a child, based his
			 or her cognitive, emotional, physical, and behavioral capacities. Examples of
			 normal age- and developmentally appropriate activities include, but are not
			 limited to
, overnight visits with friends,
school
			 field trips
,
school sports or other sport leagues,
			 faith-based
activities, and short-term summer camps.
Foster parents,
contract placement providers,
				and any private provider with whom the Division maintains a Memorandum of
				Understanding (MOU) will uphold the reasonable and prudent parent standard in
				regards to children participating in age- and developmentally appropriate
				activities. The reasonable and prudent parent standard requires foster parents
				and other out-of-home placement providers to
exercise careful
and sensible
consideration when determining whether
				a
n activity for a particular
child
will
				not only encourage the emotional and developmental growth of the child, but
				also maintain the health, safety, and best interests of the
				child
.
All contract placement providers as well as
				any private provider with whom the Division maintains an MOU will establish an
				on-site official who is authorized to apply the reasonable and prudent parent
				standard to ensure appropriate caregiver liability when approving an activity
				for a child in an out-of-home placement.
A caregiver is not liable for harm caused to
				a child who participates in an activity approved by the caregiver, provided the
				caregiver has acted in accordance with the reasonable and prudent parent
				standard. This paragraph may not be interpreted as removing or limiting any
				existing liability protection afforded by law.
The Division will provide information and
				skill-based training to foster parents, contract placement providers, and
				private providers with whom the Division maintains an MOU regarding how to
				apply the reasonable and prudent parent standard for the participation of a
				child in age- and developmentally-appropriate activities. This training will
				include sharing knowledge and skill-based applications relating to the
				developmental stages of the cognitive, emotional, physical, and behavioral
				capacities of a child
.
Foster parents,
contract placement providers,
				and private providers wi
ll notify the
child's
FSW if the child will spend more than 24
				continuous hours outside the
approved placement
when
				participating in said activities.
B.
Child Care - Child care may be
			 routinely provided as a part of an out-of-home placement case. Child care
			 providers must be on the voucher system and licensed by The Division of Child
			 Care and Early Childhood Education or on the Voluntary Child Care Registry.
			 Every attempt should be made to place children in care in a quality child care
			 setting.
Child care for children may also be provided as a part of
				an out-of-home placement case to provide assistance to foster parents for
				non-routine circumstances that relate to the retention and/or support of the
				foster home such as foster parent training. Child care provided for such
				purposes may be reimbursed by the Division.
C.
Babysitting - Babysitters may be
			 used to provide occasional care for children in the foster home for no more
			 than eight continuous hours at one time. Foster parents shall exercise careful
			 consideration when evaluating the character and competence of any individual
			 asked to babysit. Foster parents may reimburse the babysitter if they choose to
			 do so. The Division will not reimburse for baby-sitting services. Babysitters
			 shall not transport children. Background checks are not
			 required.
D.
Foster
			 Family Support System - The Foster Family Support System (FFSS) may be
			 comprised of up to three other households identified by the foster family. FFSS
			 members may provide care for children when the foster parent is unable to do so
			 on the occasion of anticipated or unanticipated events.
Foster parents shall exercise careful consideration when
				evaluating the character and competence of any household asked to serve as an
				FFSS member. FFSS members must be at least 21 years of age. There is not a
				standard maximum age limit for FFSS members, but FFSS members must be
				physically, mentally, and emotionally capable of caring for children for up to
				72 hours. Foster parents may reimburse an FFSS member if they choose to do so.
				The Division will not reimburse FFSS members.
Members of a Foster Family Support System may transport
				children and care for children in the foster home or in the home of the FFSS
				member. However, an FFSS member shall not provide care for more than 72
				continuous hours at one time regardless of the location in which care is
				provided and/or regardless of which FFSS member is providing care. No
				extensions may be granted for FFSS care of a child. The FSW shall be notified
				when an FFSS member will provide care for more than 24 continuous hours. FFSS
				members taking children out-of-state for overnight trips are prohibited. The
				Foster Family Support System shall not be used in place of respite care or as
				an out-of-home placement. The number of children placed in an FFSS member
				household must meet all Minimum Licensing and DCFS Policy
				requirements.
All prospective FFSS members must be cleared through the
				Child Maltreatment Central Registry and a State Police Criminal Record Check.
				The Division will request any other state where the prospective FFSS member has
				resided in the preceding five years to check its child abuse and neglect
				registry. The Division will provide documentation in the case record that the
				Child Maltreatment Central Registry and State Criminal Record Checks were
				received on the prospective FFSS member. Documentation of at least one visual
				inspection of the home for evaluation purposes is required of all prospective
				FFSS members.
The Division will check the driving record (violation
				points) for each potential FFSS member. The Arkansas State Vehicle Safety
				Program sets the maximum number of traffic violation points an FFSS member
				foster parent may be allowed.
Documentation of at least one visual inspection of the
				home for evaluation purposes is required of all prospective FFSS
				members.
E.
Respite Care - When a Foster Family Support System member is not available to
			 provide needed care on a short-term basis, respite care may be utilized in
			 order to temporarily relieve the foster family of the ongoing responsibilities
			 and stresses of care. There are two types of respite care:
1)
Informal Respite - An approved DCFS
			 foster home that can provide temporary care when the Foster Family Support
			 System is unable to assist or for situations in which children will be outside
			 of the foster home for more than 72 continuous hours. An informal respite home
			 may provide care
for no more than seven continuous days at one time.
				Periods of respite care in an informal respite home lasting longer than seven
				consecutive days require approval from the Area Director or
				designee.
If an Area Director approved extension exceeds fourteen
				continuous days, the regular foster parents' board payment will be affected. If
				the child has stayed in any combination of FFSS or informal respite homes
				(i.e., outside of the regular foster home placement, the total amount of days
				within those alternate care types cannot exceed 14 consecutive days as board
				payment may be affected.
A stay in an informal respite home must be documented in
				CHRIS, but not as a separate/new placement. The number of children placed in an
				Informal Respite Home must meet all Minimum Licensing and DCFS Policy
				requirements.
Foster parents may reimburse an informal respite provider
				if they choose to do so. The Division will not reimburse an informal respite
				provider. The number of children placed in an Informal Respite Home must meet
				all Minimum Licensing and DCFS Policy requirements.
2)
Formal Respite - A DCFS contract
			 provider who supplies short-term respite care particularly when a child's
			 current placement is at risk of disruption and/or respite is needed to prevent
			 a residential, acute psychiatric or similar placement. Formal respite care
			 should be provided in accordance with a family-driven, youth-guided respite
			 plan and in coordination with a child's behavioral health treatment plan (if
			 applicable).
Formal respite care shall be provided for no more than 7
				days per 3 month period. A stay with a Formal Respite Care provider must be
				documented in CHRIS, but not as a separate/new placement (provided it does not
				exceed the more than 7 days per 3 month period).
Longer periods of formal respite care require approval
				from the Prevention & Support Manager. If an approved extension exceeds 14
				consecutive days, the regular foster parents' board payment will be affected.
				If the child has stayed in any combination of FFSS or informal respite homes
				before a formal respite stay, the total amount of days within those alternate
				care types (i.e., outside the regular foster home placement) cannot exceed 14
				consecutive days as board payment may be
				affected.