Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 15 - Children and Family Services › Rule 016.15.13-013 - Policy to comply with Title IV-E eligibility requirements of the federal Indian Child Welfare Act

Current through Register Vol. 49, No. 6, June, 2024
POLICY I-B: CHILD WELFARE DELIVERY SYSTEM
The Division of Children and Family Services purchases
				services from private and public agencies, universities and individuals, using
				state and federal funds. Programs and services of other Divisions within the
				Department of Human Services (DHS)
may
also
be
available to clients of DCFS. Delivery of services
				is coordinated with other Divisions administering TEA/TANF Medicaid, SNAP
				(Supplemental Nutrition Assistance Program), Social Services Block Grant, and
				other federal entitlement programs.
The services are authorized and funded in conjunction
				with various state and federal laws which govern the operation of the Division.
				The major federal laws governing service delivery, as amended,
				are:
*
Civil Rights Act: Titles 6, 7, 9
*
Rehabilitation Act: Sections 503, 504
*
Americans With Disabilities Act: Title II
*
Social Security Act titles:
o
IV-A-
Block Grants to States
				for
Temporary Assistance for Needy Families (TANF)
o
IV-B-Child
and Family
Services
o
IV-E-
Federal Payments for
Foster Care and Adoption Assistance
o
XIX-
Grants to States for
Medical
Assistance Programs
o
XX-
Block Grants to States for
Social Services
*
Public Laws: m
o
93-207-Child Abuse and
				Neglect
o
94-142-Handicapped Children
				Act
o
96-272-Adoption Assistance and Child Welfare Act of
				1980
o
105-89-Adoption and Safe Families Act of
				1997
COMPLIANCE WITH CIVIL RIGHTS ACT
The Division complies with titles VI and VII of the Civil
				Rights Act and operates, manages, and delivers services without regard to race,
				color, religion, sex, age, national origin, mental or physical disability,
				veteran status, political affiliation or belief. DCFS is the designated state
				agency to administer and supervise all Child
and Family
Services (titles IV-B and IV-E of the Social Security
				Act).
COMPLIANCE WITH INDIAN CHILD WELFARE
				ACT
The Division of Children and Family Services
				is respectful of the varying cultures and heritages of the families it serves.
				To that end, DCFS complies with all mandates of the federal Indian Child
				Welfare Act (ICWA). ICWA is a federal law regulating placement proceedings
				involving children of Native American descent. ICWA mandates preventive
				services before removal to protect the best interest of Native American
				children and to promote the stability and security of Native American families
				and tribes. This includes preventing the unnecessary and arbitrary removal of
				Native American children from their families and tribes and placing a Native
				American child who must be removed in an available and safe home that reflects
				the unique values of the Native American culture.
If a child of Native American descent is
				transferred from the custody of DCFS to a Tribal IV-E agency or an Indian Tribe
				with a title IV-E agreement, DCFS will work in close consultation with the
				applicable Native American Tribe, to ensure the transfer of custody does not
				affect a child's eligibility for title IV-E or medical assistance under title
				XIX (Medicaid), receipt of services, or payment under title IV-E or Medicaid.
				The Division will determine, if the eligibility determination is not already
				completed, the child's IV-E eligibility at the time of the transfer of
				placement and responsibility of care of a child to a Tribal title IV-E agency
				or an Indian Tribe with a title IV-E agreement.
The Division will provide essential documents
				and information necessary to continue a child's eligibility under title IV-E
				and Medicaid programs under title XIX to the Tribal title IV-E agency,
				including, but not limited to providing:
A.
All judicial
			 determinations to the effect that continuation in the home from which the child
			 was removed would be contrary to the welfare of the child and that reasonable
			 efforts to prevent removal have been made.
B.
Other documentation the
			 Division has that relates to the child's title IV-E
			 eligibility.
C.
Information and documentation available to the Division
			 regarding the child's eligibility or potential eligibility for other Federal
			 benefits.
D.
The case plan, including health and education records of the
			 child; and,
E.
Information and documentation of the child's placement
			 settings, including a copy of the most recent provider's license or
			 approval
.
COMPLIANCE WITH MULTIETHNIC PLACEMENT ACT
The Division also complies with the Multiethnic Placement
				Act (MEPA) in making foster care and adoptive placements. The act provides for
				assessment of individual liability to staff for knowingly violating MEPA
				requirements.
The Multiethnic Placement Act prohibits delaying or
				denying the placement of a child for adoption or foster care on the basis of
				race, color, or national origin of the adoptive or foster parent or the child
				involved; and prohibits denying any individual the opportunity to become a
				foster or adoptive parent on the basis of the prospective parent's or the
				child's race, color, or national origin.
MEPA also requires that to remain eligible for federal
				assistance for their child welfare programs states must diligently recruit
				foster and adoptive parents who reflect the racial and ethnic diversity of the
				children in the state who need foster and adoptive homes.
Consideration of race, color, or national origin is
				permissible only when an individual determination is made that the facts and
				circumstances of a particular case require the consideration of race, color, or
				national origin in order to advance the best interests of the child in need of
				placement. The Division's compliance with the Indian Child Welfare Act of 1978
				( P.L. 95-608 ) does not violate MEPA.