Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 15 - Children and Family Services › Rule 016.15.10-001 - New/Revised Forms: CFS-320, CFS-4330, CFS-316, CFS-367; Revised Rule: Policy XI-C - Child Welfare Student Stipend Program; New Publication: PUB-11; Rescinded Forms and Publications: PUB-11, CFS-344, CFS-319, CFS-316

Current through Register Vol. 49, No. 6, June, 2024
Click here
				to view image
Click here
				to view image
Click here
				to view image
Click here
				to view image
Click here
				to view image
Click here
				to view image
Click here
				to view image
Click here
				to view image
Click here
				to view image
Click
				here to view image
Click
				here to view image
Click
				here to view image
Click
				here to view image
Click
				here to view image
Click
				here to view image
Click
				here to view image
Click
				here to view image
Click
				here to view image
Click
				here to view image
Click
				here to view image
Click
				here to view image
Click
				here to view image
DIVISION OF CHILDREN & FAMILY SERVICES, POLICY &
				PROCEDURES MANUAL, EXCERPT, POLICY XI-C
POLICY XI-C: CHILD WELFARE STUDENT STIPEND PROGRAM
The Division of Children and Family Services (DCFS)
				participates in a child welfare student stipend program in order to hire more
				employees with degrees in social work and social work-related fields on a
				state-wide basis to work in DCFS programs serving title IV-E eligible children.
				Any student awarded a stipend is under contract with the Division and will be
				required to work for DCFS after graduation.
During the one year of
				employment following graduation, the
employee
(former
				student) shall not be placed as an investigator per Title IV-E
re
gulations.
Eligible applicants may attend any participating degree program
				in the State of Arkansas. Division and the University Partnership will
				determine yearly the number of stipends awarded. The Division, in conjunction
				with title IV-E university staff, will determine which students will receive
				stipends.
Students in the BSW and other participating bachelor's degree
				programs are awarded stipends during their senior year.
DCFS may approve stipends for second year MSW students provided
				that any DCFS educational leave positions are not filled and the number of MSW
				stipend students does not exceed the number of vacant educational leave
				positions.
The following information provides the procedures governing the
				Child Welfare Student Stipend Program.
Click
				here to view image
I I Ihis booklet is designed to help you understand what
				happens when you and your child come into
I
contact with DCFS. We
				know this can be a difficult time, but we are here to help. We want every child
-L.
to grow up in a safe, loving environment and
				become a healthy, productive adult. We will work with you to make this happen.
				This booklet outlines the roles and responsibilities for everyone involved and
				outlines the court process. You will also find a glossary of terms at the end
				of this booklet.
While the best place for a child is almost always with his or
				her family, there are times when the police or DCFS will move a child away from
				his or her family to keep him or her safe. When the police or DCFS receive a
				report of child abuse, neglect, or abandonment, they must investigate. If they
				feel a child is in danger, they will move him or her away from the home. While
				this initial move is temporary, it is up to the court to decide if and when a
				child should return home. During the time a child is away from his or her
				family, he or she will live with a foster family who will provide a safe,
				loving home. A Family Service Worker (FSW) will work with the family to help
				make their home safe for their child's return. Even though getting the family
				back together is the main goal, sometimes the court will decide that it is not
				best for a child to return to his or her family. When this occurs, DCFS will
				help a child find a permanent family with a relative or an adoptive family, or
				live independently if he or she is old enough.
When You Come into Contact with DCFS
You are most likely dealing with the situation described above.
				Please know that DCFS has the best interests of your child in mind. We want him
				or her to be happy, safe, and healthy. We believe that children are safe when
				they have positive protective relationships with caring family members.
				Therefore, we will work with you to make your home a safe place. The person you
				will work most closely with is your FSW. His or her primary responsibility is
				to work with you to reunite your family by helping you correct the issues that
				resulted in your child's move away from your home. Because we believe that
				making meaningful decisions about your family requires your close
				participation, you and your FSW will work together to create a plan with a
				final goal of having your child return to your home. The plan is a written
				agreement that you will sign. It lists all the things you must do, including
				anything the court has ordered, and all the things DCFS must do in order for
				your child to return home. The plan may include counseling, physical and
				psychological evaluations, housing, employment, child care, transportation, and
				legal services. Your FSW is there to help you along the way and answer any
				questions you may have.
Your FSW will also frequently visit the home of the foster
				family where your child is staying to make sure your child is ok, to discuss
				the plan, any changes to the plan, and any problems that your child may be
				having. He or she will work with the foster parents to help your child be as
				comfortable as possible. To know what you should except from your FSW, his or
				her responsibilities are listed below.
Responsibilities of the Family Service
				Worker
1. Provide services to
			 support the case plan goal(s) for you and your family.
2. Assist in investigations of suspected
			 child abuse and neglect by making on-site visits, obtaining background
			 information, and interviewing parties involved.
3. Assist in establishing goals, objectives,
			 tasks, and time frames when making the plan to help your child return
			 home.
4. Recruit foster families
			 and conduct home studies and family assessments to help find the best foster
			 home for your child.
5. Visit with
			 your family and your child's foster family to be sure everyone is working to
			 achieve the goals of the plan.
6.
			 Perform any other related responsibilities to help create the best experiences
			 for your child.
7. Make regular
			 contact with you, your child, your child's foster family, law enforcement
			 officials, medical personnel, teachers, child care personnel, agency and
			 private attorneys, and any one else identified as important to you and your
			 child.
Additionally, your FSW is required to report to the court about
				whether or not you are achieving the goals of your plan and make
				recommendations about you and your family. If you feel you cannot keep up with
				the plan, please talk to your FSW. If you do not, you may lose your rights as a
				parent. Your rights are listed below. Please let your FSW know if you have any
				questions regarding your rights.
Your Rights
1. You have the right to be notified, in
			 advance, of any court hearing or other legal action involving your child. You
			 will be informed of the time, location, and reasons for the actions.
2. You have the right to ask for a lawyer any
			 time there is any type of legal action involving your child. If you cannot
			 afford a lawyer, you should let the court know. You may be able to receive free
			 legal assistance.
3. You have the
			 right to be involved in creating the plan for helping your child return to your
			 home. You have the right to receive a copy of the plan. You have the right to
			 talk to the judge if you disagree with the plan.
4. You have the right to appeal any final
			 court order to a higher court.
5.
			 Unless the court decides you cannot visit your child, you have the right to
			 visit your child by making an appointment with your FSW (he or she may
			 supervise the visits).
6. You have
			 the right to an interpreter in court if you cannot hear, speak, or understand
			 English.
7. You have the right to
			 be informed about your child's adjustment to foster care and his or her
			 development, such as health issues and school progress.
8. You have the right to make a complaint or
			 ask any questions of your FSW concerning your child in foster care. Please see
			 the list of names and phone numbers at the end of this booklet.
9. You have the right to stay involved in
			 your child's life while he or she is in foster care such as participating in
			 educational decisions or physical and mental health assessments and treatments
			 (unless the court has determined it not in your child's best interest). There
			 will be staffings to discuss progress made. The staffings will include your
			 FSW, the foster parents, and attorneys. You have the right to be a part of
			 these staffings. You also have the right to bring an advocate to the
			 staffings.
10. You have the right
			 to be notified, in advance, if your child is moved to a different foster home,
			 unless this advance notice would endanger your child; or an emergency arises
			 where the child must move to a new foster home immediately. In this case, you
			 will be notified within 24 hours.
Understanding Foster Care
Foster care exists because we believe all children have a right
				to a safe and supportive environment in which to grow. The purpose of foster
				care is to provide a healthy home and community experience for your child while
				the conditions which caused your child's move away from your home are being
				resolved. Thus, foster care is meant to be temporary. The length of your
				child's stay in foster care will depend a great deal on the conditions which
				caused DCFS or the police to move your child and the time and resources
				available to resolve them. The goal of foster care is to work toward a finding
				a permanent home for your child, preferably, with you.
We believe long-lasting success with families is the work of a
				team, involving you, your child, your child's foster family, your FSW, and
				others you may identify as being important to you and your child. Team members
				need to respect each other and communicate openly and honestly with each other.
				The needs of your child will be best served when all team members work
				together.
Foster Families
It is the responsibility of foster parents to provide
				twenty-four hour nurturing care to children who live with them. They also have
				the responsibility to help your child develop a good self image and have
				positive feelings about their past, present, and future.
As temporary substitute parents, foster parents are close to
				your child on a day-to-day basis. This closeness allows foster parents to
				function as an important member of the foster care team. Therefore, the foster
				parents are in an excellent position to evaluate your child's current needs and
				make sure they or resources in the community are meeting your child's needs.
				Because foster parents are with your child every day, they can contribute a
				special knowledge to DCFS and to you, including information about your child's
				behavior, relationships with playmates and other members of the foster family,
				and adjustment to school and the neighborhood.
To help you better understand how your child will be cared for
				while living with a foster family, the foster family's responsibilities are
				listed below. Your FSW can answer any questions you may have regarding these
				responsibilities.
Responsibilities of Foster Families
1. Participate in pre-service training and
			 continuing education programs to improve their ability to care for your
			 children and others who are in foster care.
2. Help develop an individualized training
			 plan and follow the plan.
3. Follow
			 the policies and the decisions of DCFS and accept the supervision of
			 DCFS.
4. Help your child and DCFS
			 plan and achieve his or her return to you, a permanent home with a relative or
			 an adoptive family, or independent living.
5. Communicate with the attorney ad litem
			 about the needs of your child so that the attorney can present a complete and
			 accurate picture to the court.
6.
			 Participate in staffings and court hearings and present information about your
			 child, when required.
7. Provide a
			 nurturing family life experience for your child, including guidance,
			 intellectual stimulation, affection, and appropriate discipline.
8. Establish well defined rules; set
			 expectations and limits consistent with your child's age, and clearly establish
			 that there will be consequences for inappropriate behavior; discipline with
			 kindness and understanding; train and teach your child using positive
			 techniques that stress praise and encouragement, rather than using negative
			 techniques.
9. Protect your child
			 by locking up all dangerous objects and substances.
10. Store all medications in a secure
			 location and follow the instructions on the label when giving them to your
			 child. Understand the possible side effects of all medications and keep a log
			 of all medications given to your child.
11. Provide for enrollment and regular school
			 attendance when age-appropriate in an accredited school and encourage the
			 expression of your child's strengths and special talents. Provide your child
			 with opportunity for recreational activities and for participation in family,
			 school, and community activities.
12. Cooperate with DCFS in arranging for
			 routine medical and dental care as well as making sure your child receives
			 appropriate care during any illness. Go with your child on all medical
			 appointments.
13. Protect your
			 child from exposure to second-hand smoke and take every precaution to ensure
			 his or her health and safety.
14.
			 Maintain a record of health care and immunization records via the Medical
			 Passport.
15. Keep a lifebook for
			 your child to record developmental progress as well as regular and special
			 events in your child's life while he or she is in their home.
16. Speak positively of you and your
			 family.
17. Maintain absolute
			 confidentiality of information about you and your family and do not discuss it
			 with anyone else.
18. Maintain open
			 communication with all team members, including communication with your family
			 when it is part of the plan.
19.
			 Show support and help prepare your child for any move that he or she must make
			 (back to your family, to a relative's home, another foster home, an adoptive
			 home, or independent living).
Helping Your Child Adjust to Foster Care
In order for you to help your child best adjust to living with
				a foster family, please:
1. Explain to
			 your child that living with the foster family is the best thing for him or her
			 at this time. Be sure your child understands that he or she is not to
			 blame.
2. Let your child know that
			 you are not leaving and that you will be visiting regularly.
3. Send your child's clothing and shoes and,
			 if possible, send some of your child's favorite toys or books.
4. Be careful not to make promises you won't
			 be able to keep.
5. Make every
			 effort to keep scheduled visits and let your FSW know as soon as possible if
			 you are unable to make a visit.
DHS and DCFS
DHS, acting through DCFS, serves as the court-appointed legal
				custodian for your child and has the final responsibility for making sure your
				child has the best possible foster care experience and that appropriate
				long-term plans are made. DCFS also wants to help you resolve the problems or
				conditions affecting your family that resulted in your child's move away from
				your home. Cooperation among the courts, other agencies, and community
				resources is necessary to make sure that all plans are carried out.
Responsibilities of DCFS to Your Child
Children have certain natural rights based on their special
				status as children and their inability to care for themselves. Among these
				rights are:
* the right to live with their family and to receive love,
				protection, nurturance, and support until they reach adulthood;
* the right to be free from harm, neglect, and abuse;
* the right to receive an education;
* the right to have physical care and medical attention;
* the right to enjoy life with a family;
* the right to be disciplined and to receive religious and
				moral training; and,
* the right to grow into independent and self-sufficient young
				adults.
When a child's right to live with his or her own family is at
				risk, he or she has a right to be represented by legal counsel (attorney) and
				to have his or her legal rights protected in any judicial procedure regarding
				custody or guardianship. DCFS has certain responsibilities to children who have
				temporarily or permanently been moved from their parents. Responsibilities of
				DCFS to your child are as follows:
1.
			 Place your child in a family foster home, relative foster home, or other
			 substitute care facility that can best serve your child's needs and is the
			 least restrictive environment.
2.
			 Place your child close to your family to allow frequent contact.
3. Make sure your child has planned, regular
			 visits with your family and relatives.
4. Give your child honest information
			 regarding all decisions.
5. Provide
			 your child the basic rights that are stated above.
6. Provide opportunity for religious
			 experiences for your child.
7.
			 Allow your child to participate in planning, conferences, staffings, and court
			 hearings whenever possible and age appropriate.
8. Keep a record for your child that includes
			 legal documents such as birth certificate, social security card and court
			 orders.
9. Communicate with your
			 child's school about custody and other issues that might impact your child's
			 ability to learn.
10. Help your
			 child return to your family, be legally freed to form a new family with
			 relatives or adoptive parents, or live independently, if
			 age-appropriate.
Responsibilities of DCFS to You and Your
				Family
You are the key to long-range planning for your child in foster
				care. You are a central member of the foster care team. Your child began with
				you, identifies with you and, in most instances, wants to return to you. Your
				child's return home is dependent on your ability to achieve the goals of your
				plan and make your home a safe place for your child. Otherwise, you face the
				possibility of losing your parental rights and, therefore, your child. DCFS has
				certain responsibilities to you while your child is under their care. They are
				listed below.
1. Offer and provide
			 services that will help keep your family together.
2. Let you know why it was necessary to
			 temporarily move your child and place him or her with a foster
			 family.
3. Do not judge or
			 criticize you. Acknowledge that you share in your child's life.
4. Let you know how you can still be involved
			 in your child's life while he or she is in foster care.
5. Let you know what you must do to have your
			 child return home.
6. Include you
			 when creating the plan for helping your child return home.
7. Give you every possible support and
			 service for achieving the goals of your plan to help your child return
			 home.
8. Return your child to your
			 home when the necessary changes or conditions required by the court have been
			 made.
Your Responsibilities as a Parent
Listed below are the responsibilities that you have as the
				parent of a child who is in foster care.
1. Provide any and all important information
			 about your child and family to DCFS.
2. Tell your FSW about any special needs your
			 child has, including health conditions, school information, and important
			 family customs or cultural practices. It is very imjportant that you tell your
			 FSW about your child's medical needs and problems, including illnesses,
			 medications, allergies, and immunization records in order for your child to
			 receive proper medical care while he or she is living with a foster
			 family.
3. Participate in staffings
			 and court hearings.
4. Work with
			 your FSW to create a plan that will help your child return home.
5. Participate in the services to support the
			 case plan goal(s) offered to your family and work on achieving the goals of
			 your plan.
6. Be involved, as often
			 as possible, in your child's medical appointments or social or religious
			 activities.
7. Keep in contact with
			 your FSW and keep him or her updated on what you are doing to achieve the goals
			 of your plan. Be sure your FSW always has your current address and telephone
			 number.
8. Maintain contact and
			 communication with your child. Make sure you keep your appointments to visit
			 with your child.
9. Talk to your
			 FSW or lawyer if you have any concerns.
10. Provide financial support for your child.
			 The court will decide how much you need to pay.
11. Let DCFS know as soon as possible if you
			 wish to give up your rights as a parent and end your relationship with your
			 child.
COURT PROCESS
Because the court makes most of the decisions regarding your
				child and family, it is important that you understand the court process, part
				of which will be multiple court hearings. If, at any time, you have questions
				regarding the court process, your FSW or lawyer will be able to help you. If
				you cannot afford a lawyer, let the judge know. If you are eligible, the court
				can help arrange legal assistance for you. You may, at any time, request a
				court hearing to review your case. It is very important that you attend all
				hearings.
The court process is described below (the following information
				regarding the court process in Arkansas was adapted from
www.arkansascasa.org
).
Reports and Investigation
- The state police
				investigate all reports of severe maltreatment and by law are required to
				initiate these investigations within 24 hours of receiving a report. Severe
				maltreatment includes things such as sexual abuse or exploitation, broken
				bones, internal injuries, abandonment, burns, and suffocation. DCFS
				investigates all other types of maltreatment reports and must do so within 72
				hours.
Emergency Removal
- DCFS and law enforcement have
				the right to remove a child from his or her home for up to 72 hours without
				notifying the parents if they believe the child's health or safety are at risk.
				Most emergency removals occur as a result of a report to the Child Abuse
				Hotline. During this time, a child will stay with a foster family.
Emergency (Probable Cause) Hearing
- The emergency
				hearing must be held within five working days after an emergency removal to
				determine 1) if there was probable cause to remove the child and 2) if probable
				cause still exists that a child should remain away from home. In other words,
				the court will decide if DCFS or the police were right in removing your
				child.
Adjudication Hearing (Trial)
- The adjudication
				hearing should be held within 30 days after the emergency hearing unless the
				court finds good cause to extend the hearing for an additional 30 days. The
				purpose of the adjudication hearing is for the judge to determine whether the
				child maltreatment allegations are substantiated, or true. In Arkansas, when
				someone abuses, neglects, or abandons a child, it is called
				"dependency-neglect."
Disposition Hearing
- The disposition hearing
				usually occurs immediately after the adjudication hearing if the judge has
				determined the child dependent-neglected. The purpose of the disposition
				hearing is to determine what action will be taken. The judge will determine
				whether a child is safe to return home or whether the child must continue
				living with a foster family and remain under the care of DHS/DCFS. The judge
				will also order services to reunify and/or preserve the family. If the court
				determines a child must remain away from home, the court will approve a plan
				for the child and parents to visit each other as well as a plan to help the
				child safely return home.
Review Hearings
- The first review hearing must be
				held within six months of the emergency removal. Subsequent review hearings
				must be held every six months. The purpose of a review hearing is for the judge
				to re-examine the situation, determine whether the court orders and approved
				plan are being followed, and determine whether each party is working to achieve
				the goals of the plan.
Permanency Planning Hearing
-
The
				permanency planning hearing must be held no later than 12 months from the
				emergency removal. The purpose is for the judge to decide where the child
				should permanently live. These options may include 1) Return the child to his
				or her family, 2) Continue working on the plan to return the child to his or
				her family 3) Approve a plan to terminate the parental rights of the parents,
				4) Approve a plan to allow the child to be adopted.
Termination of Parental Rights
- Termination of
				parental rights (TPR) can be voluntary or court-ordered. TPR is a permanent,
				legal action in which a parent gives up all rights and responsibilities and
				ends the relationship with his or her child. After TPR, another family will be
				able to adopt and care for the child. If at any time you wish to terminate your
				rights as a parent, please let DCFS know.
A Final Note
We hope this booklet has been helpful to you in understanding
				what happens when your child and family are involved with DCFS. Remember that
				we are here for you. We have your child's interests in mind and we want what's
				best for you and your family. If at any time you have questions or concerns,
				please let us know. You have the contact information for your FSW, his or her
				supervisor, and the DCFS County Supervisor on the back page of this
				booklet.
Glossary
Abandonment -
Failure of a parent to provide
				reasonable support and to maintain regular contact with a child through
				statement or contact when the failure is accompanied by an intention on the
				part of the parent to permit the condition to continue for an indefinite period
				in the future and support or maintain regular contact with a child without just
				cause or an articulated intent to forego parental responsibility. Abandonment
				does not include acts or omissions of a parent toward a married minor.
Abuse -
Any of the following acts or omissions by
				a parent, guardian, custodian, foster parent, person eighteen years of age or
				older living in the home with a child whether related or unrelated to the
				child, or any person who is entrusted with the child's care by a parent,
				guardian, custodian, or foster parent, including, but not limited to, an agent
				or employee of a public or private residential home, child care facility,
				public or private school, or any person legally responsible for the child's
				welfare, but excluding the spouse of a minor:
1. Extreme or repeated cruelty to a
			 child;
2. Engaging in conduct
			 creating a realistic and serious threat of death, permanent or temporary
			 disfigurement, or impairment of any bodily organ;
3. Injury to a child's intellectual,
			 emotional, or psychological development as evidenced by observable and
			 substantial impairment of the child's ability to function within the child's
			 normal range of performance and behavior;
4. Any injury that is at variance with the
			 history given;
5. Any
			 non-accidental physical injury;
6.
			 Any of the following intentional or knowing acts, with physical injury and
			 without justifiable cause:
A. Throwing,
			 kicking, burning, biting or cutting a child;
B. Striking a child with a closed
			 fist;
C. Shaking a child;
			 or
D. Striking a child on the face
			 or head; or