Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 15 - Children and Family Services › Rule 016.15.08-004 - CFS-509B - Request for Alternative Compliance or Policy Waiver; Appendix I - Glossary; Appendix XI - Alternative Compliance and Policy Waiver Protocol

Current through Register Vol. 49, No. 6, June, 2024
* The age, size and condition of the child and the location of
				the injury and the frequency of recurrence of injuries shall be considered when
				determining whether the physical discipline is reasonable or moderate.
AGGRAVATED CIRCUMSTANCES-
Aggravated circumstances
				exist when a child has been abandoned, chronically abused, subjected to extreme
				or repeated cruelty, sexually abused or a determination by a judge that there
				is little likelihood that services to the family will result in successful
				reunification; or a child has been removed from the custody of the parent or
				guardian and placed in foster care or in the custody of another person three
				(3) or
more
times in the last fifteen (15)
				months.
ALTERNATIVE COMPLIANCE
- a request for approval
				from the Child Welfare Agency Review Board to allow a licensee to deviate from
				the letter of a regulation. The licensee must demonstrate substantial
				compliance with the intent of the regulation. This includes, but is not limited
				to, regulations that govern background checks and convictions for prohibited
				offenses.
CARETAKER
- A parent, guardian, custodian, foster
				parent, or any person ten (10) years of age or older who is entrusted with a
				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 a child's welfare.
CHILD
- A person who is from birth to the age of
				eighteen (18).
CHILD ABUSE HOTLINE
- The Child Abuse Hotline is
				maintained by the State Police Crimes Against Families Division, for the
				purpose of receiving and recording notification made pursuant to the "Child
				Maltreatment Reporting Act". The Child Abuse Hotline is staffed twenty-four
				(24) hours per day and has statewide accessibility through a toll-free
				telephone number.
CHILD CARE INSTITUTION
- A private child care
				institution, or a public child care institution which accommodates no more than
				25 children, and is licensed by the State in which it is situated or has been
				approved by the agency of such State or tribal licensing authority (with
				respect to child care institutions on or near Indian reservations) responsible
				for licensing or approval of institutions of this type as meeting the standards
				established for such licensing. This definition must not include detention
				facilities, forestry camps, training schools, or any other facility operated
				primarily for the detention of children who are determined to be
				delinquent.
CHILD MALTREATMENT
- Physical abuse, sexual abuse,
				emotional abuse, neglect, sexual exploitation or abandonment of a child.
CHILD MALTREATMENT INVESTIGATION
- A fact finding
				assessment that occurs when an allegation of child maltreatment is received.
				Completion is reached when a determination is made concerning the
				allegations.
CUSTODIAN
- A person (not a parent or legal
				guardian) who stands in loco parentis to the child OR an agency or institution
				given custody of a child through a court order.
DELINQUENT JUVENILE
- Any juvenile:
* Ten (10) years of age or older who has committed an act other
				than a traffic offense or game and fish violation, which, if the act had been
				committed by an adult, would subject the adult to prosecution for a felony,
				misdemeanor, or violation under the applicable criminal laws of this state
				orwho has violated §
								5-73-119; or
* Any juvenile charged with capital murder or murder in the
				first degree, subject to extended juvenile jurisdiction.
DEPENDENT JUVENILES
- Includes a child:
* Whose parent is in the custody of the Department of Human
				Services;
* Whose parent or guardian is incarcerated and the parent or
				guardian has no appropriate relative or friend willing or able to provide care
				for the child;
* Whose parent or guardian is incapacitated, whether
				temporarily or permanently, such that the parent or guardian cannot provide
				care for the juvenile and the parent or guardian has no appropriate relative or
				friend willing or able to provide care for the child;
* Whose custodian parent dies and no stand-by guardian
				exists;
MEDICAL PROVIDER
- Any emergency department of a
				hospital licensed under §
								20-9-214.
NEGLECT - Acts or omissions of a parent, guardian, custodian,
				foster parent, or any person who is entrusted with the juvenile's care by a
				parent, custodian, guardian, 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 under
				state law for the juvenile's welfare, but excluding the spouse of a minor and
				the parents of a married minor, which constitute:
* Failure or refusal to provide the necessary food, clothing,
				or shelter, and education required by law, or medical treatment necessary for
				the juvenile's well-being, except when the failure or refusal is caused
				primarily by the financial inability of the person legally responsible and no
				services for relief have been offered or rejected;
* Failure to take reasonable action to protect the juvenile
				from abandonment, abuse, sexual abuse, sexual exploitation, neglect, or
				parental unfitness where the existence of such condition was known or should
				have been known;
* Failure or irremediable inability to provide for the
				essential and necessary physical, mental, or emotional, needs of the
				juvenile;
* Failure to provide for the juvenile's care and maintenance,
				proper or necessary support, or medical, surgical, or other necessary
				care;
* Failure, although able, to assume responsibility for the care
				and custody of the juvenile or participate in a plan to assume such
				responsibility.
NON-RECURRING ADOPTION EXPENSE SUBSIDY
- Payment
				for non-recurring adoption expenses incurred in the adoption of a child with
				special needs and is limited to $1,500 per child. Payment will be made to or on
				behalf of parents who have adopted or have accepted placement for the purpose
				of adoption.
ORDER OF LESS THAN CUSTODY
- A court order that
				DCFS may seek when there are protection issues regarding a child who has been
				subjected to severe maltreatment, but the Division does not want to seek
				custody.
OUT-OF-HOME
PLACEMENT
- Placement in a home or
				facility other than placement in a youth services center, a detention facility,
				or the home of a parent or guardian of the juvenile; or placement in the home
				of an individual other than a parent or guardian, not including any placement
				where the court has ordered that the placement be made permanent and ordered
				that no further reunification services or six-month reviews are
				required.
OUTPATIENT MENTAL HEALTH EMERGENCY
- Defined by
				the Community Mental Health Center's actions and protocol, including, but not
				limited to, facilitation of admission to a hospital or other appropriate 24
				hour treatment facility.
PARENT
- Biological mother, an adoptive parent, a
				man to whom the biological mother was married at the time of conception or
				birth, or has been found by a court of competent jurisdiction to be the
				biological father of the juvenile.
POLICY WAIVER
- a request to deviate from DCFS
				policy, procedures or standards. The DCFS Director approves all policy waiver
				requests.
PORNOGRAPHY
- Obscene or licentious material,
				including pictures, movies and videos. Applying contemporary community
				standards, the material will be considered pornographic if an average person
				would find that the material taken as a whole appeals to the prurient interest
				or if the material depicts in a patently offensive way sexual conduct. The
				material must lack serious literary, artistic, political or scientific value to
				be considered pornographic.
Appendix XI
Alternative Compliance and Policy Waiver
				Protocol
_______________
03/2008
"Alternative Compliance" is defined as a request
				for approval from the Child Welfare Agency Review Board to allow a licensee to
				deviate from the letter of a regulation. The licensee must demonstrate
				substantial compliance with the intent of the regulation. This includes, but is
				not limited to. regulations governing background checks and convictions for
				prohibited offenses.
"Policy Waiver" is defined as a request to deviate
				from the letter of the DCFS Policy, and procedures or standards. The DCFS
				Director approves all policy waiver requests.
Traffic violations, other than DUI or DWI, do not
				require a policy waiver or alternative compliance as they are dealt with
				through the vehicle safety program.
The procedures for requesting a Policy Waiver or an
				Alternative Compliance are the same, up until the point when the request is
				given to the Assistant Director of Community Services.
The procedures are as follows:
The FS W will determine if a Policy Waiver or
				Alternative Compliance should be requested based on their
professional judgment. Issues to take into
				consideration on criminal convictions would include the time frame
				and
circumstances of the offense. When an Alternative
				Compliance is requested for an excluded criminal offense,
				the
police report and any other reports regarding any
				criminal charges or convictions must be attached as
documentation.
If approval is recommended, the FSW will request a
				Policy Waiver or an Alternative Compliance using the CFS-509B and attaching all
				appropriate supporting documentation, as applicable:
*
Three personal references
*
Current home study
*
Copy of the Central Registry Check, criminal
				background check and/or FBI check resulting in a hit.
Within 10 business days of receipt of the request,
				the Supervisor will determine if the requested Policy Waiver or Alternative
				Compliance is appropriate for approval. Issues to take into consideration would
				include the time frame and circumstances of the offense.
*
If approved, the Supervisor will send it to the
				Area Manager;
*
If denied, the Supervisor will notify the FSW and
				the family.
Within 10 business days of receipt of the request,
				the Area Manager will determine if the requested Policy Waiver or Alternative
				Compliance is appropriate for approval. Issues to take into consideration would
				include the time frame and circumstances of the offense.
*
If approved, the Area Manager will send it to the
				Assistant Director of Community Services
*
If denied, the Area Manager will return it to the
				Supervisor.
*
If denied, the Supervisor will notify the FSW and
				the family.
At this point, the procedures for requesting a
				policy waiver differ from the procedures for requesting an alternative
				compliance. The Assistant Director for Community Services will determine if the
				requested Policy Waiver or Alternative Compliance should be approved or
				denied.
Policy Waivers
When a Policy Waiver has been requested, the
				Assistant Director of Community Services will, within 10
				business
days of receipt of the request:
*
Deny any inappropriate request for a Policy
				Waiver and return it to the Area Manager: or
*
Approve an appropriate request for a Policy
				Waiver and send to the DCFS Director for final approval or
				denial.
*
The Director's final decision will be conveyed to
				the FSW for appropriate action.
The following requires a Policy Waiver: Misdemeanor
				hot checks or shoplifting;
Driving under the influence (DUD or Driving while
				intoxicated (DWI)
Any misdemeanor that appears on a local background
				check; or
Any DCFS Policy.
Alternative Compliance
When an Alternative Compliance has been requested,
				the Assistant Director of Community Services will:
*
Deny any inappropriate request for an Alternative
				Compliance and return it to the Area Manager; or
*
Approve an appropriate request for an Alternative
				Compliance and send it to the CWAL Manager. The CWAL Manager and staff
				will:
*
Deny any inappropriate request for an Alternative
				Compliance; or
*
Approve and send to the DCFS Director for review.
				The DCFS Director will:
*
Deny any inappropriate request for an Alternative
				Compliance and return the request to the Assistant Director of Community
				Services, or
*
Approve the request and return it to the CWAL
				Manager and staff.
The CWAL Manager will place any approved request
				for an Alternative Compliance on the agenda of the next scheduled meeting of
				the Child Welfare Agency Review Board (CWARB).
The Foster or Adoptive Parent and FSW who made the
				original request for an Alternative Compliance will appear before the CWARB to
				answer questions.
The CWARB will give final approval or denial of the
				request for the Alternative Compliance. This includes the following requests
				for Alternative Compliance of issues dealing with foster or adoptive home
				approval:
*
Families where one or both parents are over the
				age limit;
*
Parents that do not meet the two-year marriage
				requirement, including single foster parents who get
				married;
*
Any other CWAL requirement that cannot be met
				except through Alternative Compliance.
The following crimes require an Alternative
				Compliance from the CWARB:
Felony Hot Checks
Animal cruelty;
Manslaughter (misdemeanors only, regardless of when
				it occurred; felonies for this crime cannot receive an Alternative
				Compliance);
Negligent homicide (misdemeanors only, regardless
				of when it occurred; felonies for this crime cannot receive an Alternative
				Compliance);
False imprisonment;
Permanent detention or
				restraint;
Battery in the 1st,
				2nd, or 3rd degree
				(misdemeanors only, regardless of when it occurred; felonies for this crime
				cannot receive an Alternative Compliance unless the conviction has been over 5
				years ago);
Aggravated assault (misdemeanor only, regardless of
				when it occurred; felonies for this crime cannot receive an Alternative
				Compliance unless the conviction was over 5 years ago);
Assault in the 1st or
				2nd degree (misdemeanors only, regardless of when it
				occurred; felonies for this crime cannot receive an Alternative Compliance
				unless the conviction was over 5 years ago);
Terroristic threatening in the
				1st or 2nd
				degree;
Contributing to the delinquency of a
				minor;
Interference with visitation or
				custody;
Engaging in conduct with respect to controlled
				substances (misdemeanors only, regardless of when it occurred; felonies for
				this crime cannot receive an Alternative Compliance unless the conviction was
				over 5 years ago);
Distribution of illegal substances to
				minors;
Public display of obscenity;
Prostitution or promoting prostitution in the
				1st, 2nd, or
				3rd degree;
Computer exploitation;
Criminal attempt, criminal complicity, criminal
				solicitation, or criminal conspiracy.
A CWAL Licensing Specialist will monitor DCFS for
				continued compliance with CWAL standards and issue a corrective action notice
				if any deficiencies are found. The notice will state the agreement regarding
				the corrective action and a reasonable time frame for the violation to be
				corrected.