Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 15 - Children and Family Services › Rule 016.15.11-008 - Changes to Policy and Publications: Clarify eligibility requirements and payment structure for Subsidized Guardianship; update glossary; adjust form numbers for overall categorization; develop juvenile notification forms

Current through Register Vol. 49, No. 6, June, 2024
DCFS SUMMARY OF CHANGES FOR DECEMBER 2011 PROMULGATION
SUMMARY OF DCFS REGULAR PROMULGATION
The purpose of this regular promulgation is to make revisions
				to policy and publications in order to clarify eligibility requirements and
				payment structure for Subsidized Guardianship; to update the glossary by adding
				further explanation of the definitions of "school" and "school officials"; to
				adjust form numbers in order to improve overall categorization of forms; to
				develop juvenile notification forms to better align with A.C.A. §
								12-18-703.
Revised
* Policy VIII-L: Subsidized Guardianship
* Clarified eligibility requirements and payment structure per
				the Administration of Children and Family's request
* Procedure XIV-A4: Notices of True Investigative
				Findings
* Revised to include references to new and revised notification
				forms
* Procedure XIV-A5: Notices of Unsubstantiated Allegations of
				Child Maltreatment
* Revised to include references to new and revised notification
				forms
* Appendix I: Glossary
* Added further explanation of "school official" and definition
				of "school"
* CACD-222-T: Child Maltreatment True Investigative
				Determination Notice to Facility Director
* Changed form number only (from CACD-223-T) to improve overall
				categorization and organization of forms
* CACD-223-T4: Child Maltreatment True Investigative
				Determination Notice to Alleged Juvenile Offender (if currently age 18 or
				older)
* Changed from number (from CACD-224-T4) to improve overall
				categorization and organization of forms
* Added specifications related to at what age offender
				committed maltreatment
* CACD-224-T1: Child Maltreatment True Investigative
				Determination Notice to Legal Parents and Legal Guardians of Underaged Juvenile
				Offender (under 13 years old)
* Changed form number (from CACD-224-T2) to improve overall
				categorization and organization of forms
* Added information that an administrative hearing may be
				requested even though child's name will not be placed on Central
				Registry
* CACD-224-T2: Child Maltreatment True Investigative
				Determination Notice to Legal Parents and Legal Guardians of Alleged Juvenile
				Offender 13 through 15 Years of Age
* Changed form number (from CACD-224-T5) to improve overall
				categorization and organization of forms
* Added explanation of administrative hearing process for
				juveniles who are criminally convicted or adjudicated delinquent based on the
				same set of facts in report (thereby creating only one form for any juvenile
				offender ages 13-15)
* CACD-224-T3: Child Maltreatment True Investigative
				Determination Notice to Legal Parents or Legal Guardians of the Alleged
				Juvenile Offender (16 through 17 Years of Age)
* Changed form number (from CACD-224-T1) to improve overall
				categorization and organization of forms
* Added information about possibility of a supportive services
				case or a protective services case being opened for the family
* CFS-222-T: Child Maltreatment True Investigative
				Determination Notice to Facility Director
* Changed form number only (from CFS-223-T) to improve overall
				categorization and organization of forms
* CFS-223-T4: Child Maltreatment True Investigative
				Determination Notice to Alleged Juvenile Offender (if currently age 18 or
				older)
* Changed from number (from CFS-224-T4) to improve overall
				categorization and organization of forms
* Added specifications related to at what age offender
				committed maltreatment
* CFS-224-T1: Child Maltreatment True Investigative
				Determination Notice to Legal Parents and Legal Guardians of Underaged Juvenile
				Offender (under 13 years old)
* Changed form number (from CFS-224-T2) to improve overall
				categorization and organization of forms
* Added information that an administrative hearing may be
				requested even though child's name will not be placed on Central
				Registry
* CFS-224-T2: Child Maltreatment True Investigative
				Determination Notice to Legal Parents and Legal Guardians of Alleged Juvenile
				Offender 13 through 15 Years of Age
* Changed form number (from CFS-224-T5) to improve overall
				categorization and organization of forms
* Added explanation of administrative hearing process for
				juveniles who are criminally convicted or adjudicated delinquent based on the
				same set of facts in report (thereby creating only one form for any juvenile
				offender ages 13-15)
* CFS-224-T3: Child Maltreatment True Investigative
				Determination Notice to Legal Parents or Legal Guardians of the Alleged
				Juvenile Offender (16 through 17 Years of Age)
* Changed form number (from CFS-224-T1) to improve overall
				categorization and organization of forms
* Added information about possibility of a supportive services
				case or a protective services case being opened for the family
* CFS-224-T4: Child Maltreatment True Investigative
				Determination Notice to Current Foster Parents of the Alleged Offender in
				Foster Care
* Changed form number only (from CFS-224-T3) to improve overall
				categorization and organization of forms
* CFS-428-A: Adoption Assistance Agreement for State Funded
				Subsidy Payments
* Clarified that agreement will remain in effect until the
				child's eighteenth (18th) birthday (as opposed to
				one year only) unless termination of the Agreement occurs
* CFS-446: In Home Consultation Visit Report
* Added information regarding date of provisional placement if
				applicable and questions regarding applicant's training time preference
New Rule
All of the following forms were developed to better align with
				A.C.A. §
								12-18-703:
* CACD-223-T1: Child Maltreatment True Investigative
				Determination Notice to Underaged Juvenile Offender (under 13 years old)
* CACD-223-T2: Child Maltreatment True Investigative
				Determination Notice to Alleged Juvenile Offender 13 -15 Years of Age
* CACD-223-T3: Child Maltreatment True Investigative
				Determination Notice to Alleged Juvenile Offender 16-17 Years of Age
* CACD-240-U1: Unsubstantiated Child Maltreatment Investigative
				Determination to Alleged Underaged Juvenile Offender (Under 13 years
				old)
* CACD-240-U2: Unsubstantiated Child Maltreatment Investigative
				Determination to Alleged Juvenile Offender (13-17 years of age)
* CFS-223-T1: Child Maltreatment True Investigative
				Determination Notice to Underaged Juvenile Offender (under 13 years old)
* CFS-223-T2: Child Maltreatment True Investigative
				Determination Notice to Alleged Juvenile Offender 13 -15 Years of Age
* CF5-223-T3: Child Maltreatment True Investigative
				Determination Notice to Alleged Juvenile Offender 16-17 Years of Age
* CFS-240-U1: Unsubstantiated Child Maltreatment Investigative
				Determination to Alleged Underaged Juvenile Offender (Under 13 years
				old)
* CFS-240-U2: Unsubstantiated Child Maltreatment Investigative
				Determination to Alleged Juvenile Offender (13-17 years of age)
QUESTIONNAIRE FOR FILING PROPOSED RULES AND
				REGULATIONS WITH THE ARKANSAS LEGISLATIVE COUNCIL AND JOINT INTERIM
				COMMITTEE
DEPARTMENT/AGENCY:
Department of Human
				Services
DIVISION:
Division of Children and Family
				Services
DIVISION DIRECTOR:
Cecile Blucker
CONTACT PERSON:
Christin Harper, Policy &
				Professional Development Administrator
ADDRESS:
P. O. Box 1437, Slot S570, Little Rock,
				AR 72203-1437
PHONE NUMBER:
(501) 682-8541 /
FAX
(501) 683-4854
E-MAIL:
christin.harper@arkansas.gov
NAME OF PRESENTER AT COMMITTEE MEETING:
Christin
				Harper
E-MAIL:
christin.harper@arkansas.gov
INSTRUCTIONS
A. Please make copies of this form for future
			 use.
B. Please answer each question
			 completely using layman terms. You may use additional sheets, if
			 necessary.
C. If you have a method
			 of indexing your rules, please give the proposed citation after "Short Title of
			 this Rule" below.
D. Submit 2
			 copies of this questionnaire and financial impact statement attached to the
			 front of 2 copies of the proposed rule and required documents. Mail or deliver
			 to:
Donna K. Davis
Subcommittee on Administrative Rules and Regulations
Arkansas Legislative Council
One Capitol Mall, 5th Floor
Little Rock, AR 72201
******************************************************************************
1. What is the short title of this rule?
Revisions to DCFS Policy and Publications including:
* Clarifications to Policy VIII-L: Subsidized Guardianship
				regarding eligibility requirements and payment structure per Administration for
				Children and Families' request
* Additions of "school official" and "school" to Appendix I:
				Glossary
* Revised and new notification forms for juvenile
				offenders
* Revisions to Procedure XIV-A4: Notices of True Investigative
				Findings and Procedure XIV-A5: Notices of Unsubstantiated Allegations of Child
				Maltreatment to include references to revised and new notification forms for
				juvenile offenders
* Clarification on Adoption Assistance Agreement for State
				Funded Subsidies that agreement will remain in effect until the child's
				eighteenth (18th) birthday (as opposed to one year
				only)
* Questions added on form for In Home Consultation Visits to
				collect information on provisional placement date (if applicable) and
				applicant's training time preference
2. What is the subject of the proposed rule?
Revised Rule
* Policy VIII-L: Subsidized Guardianship
* Procedure XIV-A4: Notices of True Investigative
				Findings
* Procedure XIV-A5: Notices of Unsubstantiated Allegations of
				Child Maltreatment
* Appendix I: Glossary
* CACD-222-T: Child Maltreatment True Investigative
				Determination Notice to Facility Director
* CACD-223-T4: Child Maltreatment True Investigative
				Determination Notice to Alleged Juvenile Offender (if currently age 18 or
				older)
* CACD-224-T1: Child Maltreatment True Investigative
				Determination Notice to Legal Parents and Legal Guardians of Underaged Juvenile
				Offender (under 13 years old)
* CACD-224-T2: Child Maltreatment True Investigative
				Determination Notice to Legal Parents and Legal Guardians of Alleged Juvenile
				Offender 13 through, 15 Years of Age
* CACD-224-T3: Child Maltreatment True Investigative
				Determination Notice to Legal Parents or Legal Guardians of the Alleged
				Juvenile Offender (16 through 17 Years of Age)
* CFS-222-T: Child Maltreatment True Investigative
				Determination Notice to Facility Director
* CFS-223-T4: Child Maltreatment True Investigative
				Determination Notice to Alleged Juvenile Offender (if currently age 18 or
				older)
* CFS-224-T1: Child Maltreatment True Investigative
				Determination Notice to Legal Parents and Legal Guardians of Underaged Juvenile
				Offender (under 13 years old)
* CFS-224-T2: Child Maltreatment True Investigative
				Determination Notice to Legal Parents and Legal Guardians of Alleged Juvenile
				Offender 13 through 15 Years of Age
* CFS-224-T3: Child Maltreatment True Investigative
				Determination Notice to Legal Parents or Legal Guardians of the Alleged
				Juvenile Offender (16 through 17 Years of Age)
* CFS-224-T4: Child Maltreatment True Investigative
				Determination Notice to Current Foster Parents of the Alleged Offender in
				Foster Care
* CFS-428-A: Adoption Assistance Agreement for State Funded
				Subsidy Payments
* CFS-446: In Home Consultation Visit Report
New Rule
* CACD-223-T1: Child Maltreatment True Investigative
				Determination Notice to Underaged Juvenile Offender (under 13 years old)
* CACD-223-T2: Child Maltreatment True Investigative
				Determination Notice to Alleged Juvenile Offender 13 -15 Years of Age
* CACD-223-T3: Child Maltreatment True Investigative
				Determination Notice to Alleged Juvenile Offender 16-17 Years of Age
* CACD-240-U1: Unsubstantiated Child Maltreatment Investigative
				Determination to Alleged Underaged Juvenile Offender (Under 13 years
				old)
* CACD-240-U2: Unsubstantiated Child Maltreatment Investigative
				Determination to Alleged Juvenile Offender (13-17 years of age)
* CFS-223-T1: Child Maltreatment True Investigative
				Determination Notice to Underaged Juvenile Offender (under 13 years old)
* CFS-223-T2: Child Maltreatment True Investigative
				Determination Notice to Alleged Juvenile Offender 13 -15 Years of Age
* CFS-223-T3: Child Maltreatment True Investigative
				Determination Notice to Alleged Juvenile Offender 16-17 Years of Age
* CFS-240-U1: Unsubstantiated Child Maltreatment Investigative
				Determination to Alleged Underaged Juvenile Offender (Under 13 years
				old)
* CFS-240-U2: Unsubstantiated Child Maltreatment Investigative
				Determination to Alleged Juvenile Offender (13-17 years of age)
3. Is this rule required to comply
			 with federal statute or regulations? Yes [X] No [] If yes, please provide the
			 federal regulation and/or statute citation.
Only the revisions to the rule regarding POLICY VIII-L:
				Subsidized Guardianship are required to comply with federal regulations
				ACYF-CB-PI 10-01. The remainder of the revised and new rules are not required
				to comply with federal statute or regulations.
4. Was this rule filed under the emergency
			 provisions of the Administrative Procedure Act? Yes [] No [X] If yes, what is
			 the effective date of the emergency rule?
When does the emergency rule expire?
Will this emergency rule be promulgated under the permanent
				provisions of the Administrative Procedure Act? Yes [] No []
5. Is this a new rule? Yes No O If yes,
			 provide a brief summary explaining the regulation.
Does this repeal an existing rule?
Yes
[] No [X]
				If yes, a copy of the repealed rule is to be included with your completed
				questionnaire. If it is being replaced with a new rule, please provide a
				summary of the rule giving an explanation of what the rule does.
Is this an amendment to an existing rule? Yes [X] No []If yes,
				please attach a mark-up showing the changes in the existing rule and a summary
				of the substantive changes.
Note: The summary should explain what the
				amendment does, and the mark-up should be clearly labeled "mark-up."
A mark-up and summary of substantive changes are attached. See
				#7
6. Cite the
			 state law that grants the authority for this proposed rule? If codified, please
			 give Arkansas Code citation.
A.C.A.
§
											9-28-103
7. What is the purpose of this
			 proposed rule? Why is it necessary?
* Policy VIII-L: Subsidized Guardianship
* Clarified eligibility requirements and payment structure per
				the Administration of Children and Family's request
* Procedure XIV-A4: Notices of True Investigative
				Findings
* Revised to include references to new and revised notification
				forms
* Procedure XIV-A5: Notices of Unsubstantiated Allegations of
				Child Maltreatment
* Revised to include references to new and revised notification
				forms
* Appendix I: Glossary
* Added further explanation of "school official" and definition
				of "school"
* CACD-222-T: Child Maltreatment True Investigative
				Determination Notice to Facility Director
* Changed form number only (from CACD-223-T) to improve overall
				categorization and organization of forms
* CACD-223-T4: Child Maltreatment True Investigative
				Determination Notice to Alleged Juvenile Offender (if currently age 18 or
				older)
* Changed from number (from CACD-224-T4) to improve overall
				categorization and organization of forms
* Added specifications related to at what age offender
				committed maltreatment
* CACD-224-T1: Child Maltreatment True Investigative
				Determination Notice to Legal Parents and Legal Guardians of Underaged Juvenile
				Offender (under 13 years old)
* Changed form number (from CACD-224-T2) to improve overall
				categorization and organization of forms
* Added information that an administrative hearing may be
				requested even though child's name will not be placed on Central
				Registry
* CACD-224-T2: Child Maltreatment True Investigative
				Determination Notice to Legal Parents and Legal Guardians of Alleged Juvenile
				Offender 13 through 15 Years of Age
* Changed form number (from CACD-224-T5) to improve overall
				categorization and organization of forms
* Added explanation of administrative hearing process for
				juveniles who are criminally convicted or adjudicated delinquent based on the
				same set of facts in report (thereby creating only one form for any juvenile
				offender ages 13-15)
* CACD-224-T3: Child Maltreatment True Investigative
				Determination Notice to Legal Parents or Legal Guardians of the Alleged
				Juvenile Offender (16 through 17 Years of Age)
* Changed form number (from CACD-224-T1) to improve overall
				categorization and organization of forms
* Added information about possibility of a supportive services
				case or a protective services case being opened for the family
* CFS-222-T: Child Maltreatment True Investigative
				Determination Notice to Facility Director
* Changed form number only (from CFS-223-T) to improve overall
				categorization and organization of forms
* CFS-223-T4: Child Maltreatment True Investigative
				Determination Notice to Alleged Juvenile Offender (if currently age 18 or
				older)
* Changed from number (from CFS-224-T4) to improve overall
				categorization and organization of forms
* Added specifications related to at what age offender
				committed maltreatment
* CFS-224-T1: Child Maltreatment True Investigative
				Determination Notice to Legal Parents and Legal Guardians of Underaged Juvenile
				Offender (under 13 years old)
* Changed form number (from CFS-224-T2) to improve overall
				categorization and organization of forms
* Added information that an administrative hearing may be
				requested even though child's name will not be placed on Central
				Registry
* CFS-224-T2: Child Maltreatment True Investigative
				Determination Notice to Legal Parents and Legal Guardians of Alleged Juvenile
				Offender 13 through 15 Years of Age
* Changed form number (from CFS-224-T5) to improve overall
				categorization and organization of forms
* Added explanation of administrative hearing process for
				juveniles who are criminally convicted or adjudicated delinquent based on the
				same set of facts in report (thereby creating only one form for any juvenile
				offender ages 13-15)
* CFS-224-T3: Child Maltreatment True Investigative
				Determination Notice to Legal Parents or Legal Guardians of the Alleged
				Juvenile Offender (16 through 17 Years of Age)
* Changed form number (from CFS-224-T1) to improve overall
				categorization and organization of forms
* Added information about possibility of a supportive services
				case or a protective services case being opened for the family
* CFS-224-T4: Child Maltreatment True Investigative
				Determination Notice to Current Foster Parents of the Alleged Offender in
				Foster Care
* Changed form number only (from CFS-224-T3) to improve overall
				categorization and organization of forms
* CFS-428-A: Adoption Assistance Agreement for State Funded
				Subsidy Payments
* Clarified that agreement will remain in effect until the
				child's eighteenth (18th) birthday (as opposed to
				one year only) unless termination of the Agreement occurs
* CFS-446: In Home Consultation Visit Report
* Added information regarding date of provisional placement if
				applicable and questions regarding applicant's training time preference
New Rule
All of the following forms were developed to better align with
				A.C.A. §
										12-18-703:
* CACD-223-T1: Child Maltreatment True Investigative
				Determination Notice to Underaged Juvenile Offender (under 13 years old)
* CACD-223-T2: Child Maltreatment True Investigative
				Determination Notice to Alleged Juvenile Offender 13 -15 Years of Age
* CACD-223-T3: Child Maltreatment True Investigative
				Determination Notice to Alleged Juvenile Offender 16-17 Years of Age
* CACD-240-U1: Unsubstantiated Child Maltreatment Investigative
				Determination to Alleged Underaged Juvenile Offender (Under 13 years
				old)
* CACD-240-U2: Unsubstantiated Child Maltreatment Investigative
				Determination to Alleged Juvenile Offender (13-17 years of age)
* CFS-223-T1: Child Maltreatment True Investigative
				Determination Notice to Underaged Juvenile Offender (under 13 years old)
* CFS-223-T2: Child Maltreatment True Investigative
				Determination Notice to Alleged Juvenile Offender 13 -15 Years of Age
* CFS-223-T3: Child Maltreatment True Investigative
				Determination Notice to Alleged Juvenile Offender 16-17 Years of Age
* CFS-240-U1: Unsubstantiated Child Maltreatment Investigative
				Determination to Alleged Underaged Juvenile Offender (Under 13 years
				old)
* CFS-240-U2: Unsubstantiated Child Maltreatment Investigative
				Determination to Alleged Juvenile Offender (13-17 years of age)
8. Please provide the address
			 where this rule is publicly accessible in electronic form via the Internet as
			 required by Arkansas Code §
									25-19-108(b).
AR Secretary of State Website
DHS/DCFS CHRIS public:
https://ardhs.sharepointsite.net/CW/Notice%20of%20Rule%20Making/Forms/Allltems.aspx
8. Will a public hearing be held
			 on this proposed rule? Yes [] No [X]
9. When does the public comment period expire
			 for permanent promulgation?
January 12, 2012
10. What is the proposed effective date of
			 this proposed rule?
February 20, 2012
11. Do you expect this rule to be
			 controversial? Yes [] No [X] If yes, please explain.
12. Please give the names of persons, groups,
			 or organizations that you expect to comment on these rules? Please provide
			 their position (for or against) if known.
We do not know of any specific groups of persons who
				would comment.