Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 15 - Children and Family Services › Rule 016.15.14-007 - Policy II-A, Policy II-B, Policy II-E, Policy IV-A, Policy IV-B, Policy IV-C, Procedure III-A2, Procedure VI-B, Procedure VII-J4, Procedure II-D6, Procedure II-I, Appendix 1, Appendix 4

Current through Register Vol. 49, No. 6, June, 2024
II.
REFERRALS TO ASSESS
			 FAMILY STRENGTHS and NEEDS POLICY II-A: SUPPORTIVE SERVICES
02/2015
The Division shall accept referrals for children and
				families who need assistance in a wide range of problems based on family need.
				Such referrals will not come through the Child Abuse Hotline. Families who need
				assistance may accept services on a voluntary basis. If the family accepts, a
				Supportive Services case will be opened. Supportive Services are generally
				time-limited for a period of three months.
Supportive Services are intended to protect children, to
				help parents in their child-rearing role, to strengthen family functioning, and
				to promote the healthy development and social functioning of children. Services
				may be provided directly by DCFS staff or in combination with purchased
				services, or by referral to another appropriate agency.
PROCEDURE II-A1: Community and Self Referrals
				for Supportive Services
02/2015
The Family Service Worker will:
A. Accept referrals from families, community
			 agencies, or other DHS Divisions via the DHS-3300: Information and
			 Referral.
B. Collect and assess
			 information about the family's strengths and needs utilizing the
Family Advocacy and Support Tool (FAST)
.
C.
Develop a supportive services
			 case plan based on the needs and strengths identified via the FAST within 30
			 days of case opening
.
D. Refer to other Divisions/agencies as
			 appropriate via the DHS-3300.
POLICY II-D: Investigation of Child Maltreatment
				Reports
02/2015
OVERVIEW
All reports of known or suspected child maltreatment are
				promptly investigated and immediate steps are taken to protect a maltreated
				child and any other child under the care of the same alleged offender who may
				also be in danger of maltreatment. The health and safety of the child are
				always of paramount concern.
While the Division of Children and Family Services (DCFS)
				is responsible for ensuring the health and safety of children in Arkansas, the
				Arkansas State Police Crimes Against Children Division (CACD) collaborates with
				DCFS to conduct investigations of child maltreatment allegations. DCFS and CACD
				will assess Priority I and Priority II referrals as outlined in the "Agreement
				Between the Department of Human Services and the Arkansas State Police," which
				is posted on CHRIS Net and is subject to renewal annually. To determine the
				individual responsibilities and operational protocol of the two agencies, see
				the specifics of the agreement. The agreement is written in accordance with Act
				586 of 2007, the Governor's Executive Order, and all applicable federal and
				state laws.
DCFS and CACD, as appropriate, will issue notices
				regarding child maltreatment allegations to all persons pursuant to §
				A.C.A 12-18-501 et seq. The Division
				will issue notices in such a way as to ensure the rights to due process of the
				alleged offender and to protect others who may be at risk of harm from the
				alleged offender. For more information on child maltreatment notices, see
				Policy XIV-A: Notices Regarding Child Maltreatment and related
				procedures.
INVESTIGATION INITIATION TIMEFRAMES
All Priority I investigations will begin no later than 24
				hours after receipt of a report by the Hotline
,
excluding:
A.
An
			 allegation of sexual abuse if the most recent allegation of sexual abuse was
			 more than one year ago; or,
B.
An allegation of sexual abuse if
			 alleged victim does not currently have contact with the alleged
			 offender.
While an allegation that a child has been subjected to
				neglect as defined by Garrett's Law §
											12-18-103(13)(B)
				is defined as a Priority II investigation, all Garrett's Law investigations
				must also be initiated within 24 hours after receipt of a report by the Hotline
				per A.C.A. §
											12-18-602(b)(2)(B).
All other child maltreatment investigations reports will
				begin within 72 hours after receipt of a report by the Hotline. Investigations
				are considered initiated when, as age appropriate, the investigator conducts a
				face-to-face interview with the alleged victim outside the presence of the
				alleged offender or observes the alleged victim outside the presence of the
				alleged offender, or the investigator has otherwise met due diligence (see
				Procedure II-E3 for more information). Once the investigation has begun, the
				primary focus will be to determine whether or not the alleged offender has
				access to the child and whether the child or any other children as well as any
				elderly persons or individuals with a disability or mental illness with whom
				the alleged offender works are at risk such that they need to be
				protected.
AT RISK DETERMINATIONS
Upon initiation the investigative agency must
				determine:
A.
Alleged offender's employer, including the physical address;
B.
Alleged offender's job duties at
			 his employment; and,
C.
Alleged offender's supervisor.
In addition to gathering the information above, the
				investigative agency must also gather any other necessary information to
				determine if the alleged offender:
A.
Works with children or is otherwise
			 engaged in paid or volunteer child-related activities;
B.
Works with the
			 elderly;
C.
Works
			 with an individual with a disability or mental illness; or,
D.
Is a juvenile (and therefore has
			 access to other juveniles in a school or similar setting).
If so, the investigative agency must immediately
				ascertain the name and address of the person in charge of those activities. The
				investigative agency must then immediately determine whether or not children,
				the elderly, or individuals with disabilities or mental illness under the care
				of the alleged offender appear to be at risk of maltreatment by the alleged
				offender.
The investigative agency supervisor and Area Director (as
				applicable) may consult with OPLS as necessary, prior to making a determination
				as to whether children, the elderly, or individuals with disabilities or mental
				illness appear to be at risk. If the investigative agency determines children,
				the elderly, or individuals with disabilities or mental illness under the care
				of the alleged offender are at risk of maltreatment by the alleged offender,
				then the investigative agency may notify the people and/or entities listed
				below of the hotline report if the DCFS Director or designee approves the at
				risk determination and gives written approval to the investigative agency to
				provide notifications of the at risk determination to:
A.
The alleged offender's
				employer;
B.
The
				school superintendent, principal, or a person in an equivalent position where
				the alleged offender is employed;
C.
The person in charge of a paid or
				volunteer activity; and,
D.
The appropriate licensing or registering authority to the extent
				necessary to carry out its official responsibilities.
See Procedure XIV-A2 for number of notification form and
				other specific instructions regarding providing at risk notifications to the
				persons and/or entities listed above.
The "at risk" determination will be changed immediately
				if, upon further investigation, it is determined the children under the care of
				the alleged offender are not at risk. See Procedure XIV-A3 for more
				information.
OVERALL INVESTIGATION GOALS
During the investigation of an allegation of child
				maltreatment, and if the alleged offender is a family member,
or lives in the home of the alleged victim, the assigned
				investigative agency will conduct an investigation to
determine:
A.
The existence, cause, nature and
			 extent of child maltreatment with particular attention to any of the Arkansas
			 Health and Safety factors that may be present. The Arkansas Health and Safety
			 Factors are:
1)
Caretaker's
			 behavior toward child is violent or out of control.
2)
Caretaker describes or acts towards
			 the child in predominantly negative terms or has extremely unrealistic
			 expectations.
3)
Caretaker caused serious physical injury to child or made plausible threat to
			 cause severe physical injury.
4)
Caretaker's explanation for injury
			 is unconvincing.
5)
Family refuses access to child there is reason to believe that family is about
			 to flee, or child's whereabouts cannot be ascertained.
6)
Caretaker has not, cannot, or will
			 not provide supervision necessary to protect child from potentially dangerous
			 harm.
7)
Caretaker is
			 unwilling or unable to meet child's needs for food, clothing, shelter, and/or
			 medical or mental health care.
8)
Child is fearful of caretaker,
			 other family members, or other people living in or having access to the
			 home.
9)
Child's
			 physical living conditions are hazardous and immediately threatening, based on
			 child's age and developmental status.
10)
Child sexual abuse is suspected
			 and circumstances suggest that child safety may be an immediate
			 concern.
11)
Caretaker's current substance use seriously affects his/her ability to
			 supervise, protect, or care for the child.
12)
Caretaker fails to protect child
			 from serious physical or threatened harm.
13)
Caretaker's emotional stability
			 seriously affects current ability to supervise, protect, or care for
			 child.
14)
Caretaker
			 has previously maltreated a child and severity of maltreatment or caretaker's
			 response to previous incidents suggest child safety may be an immediate
			 concern.
B.
The existence and extent of previous injuries; and,
C.
The names and conditions of other
			 children in the home.
If the alleged offender is not a family member or does
				not live in the home of the alleged victim, the assigned investigative agency
				will conduct an investigation to determine:
A.
The existence, cause, nature, and
			 extent of child maltreatment with particular attention to any of the Arkansas
			 Health and Safety Factors that may be present (see above for list of the
			 fourteen Arkansas Health and Safety Factors);
B.
The identity of the person
			 responsible for the maltreatment; and,
C.
The existence and extent of
			 previous maltreatment perpetrated by the alleged offender.
In addition to the other information described in this
				section (i.e., Overall Investigation Goals), the assigned investigative agency
				will also attempt to determine:
A.
The identity of the person
			 responsible for the maltreatment;
B.
The relationship of the children
			 with the parents or caretakers and their circumstances;
C.
The child's environment in terms of
			 risk and protective factors; and,
D.
All other pertinent
			 information.
Ultimately, the information described above that is
				collected during the fact-finding phase of the child maltreatment investigation
				allows the Division to determine:
A.
If services are necessary to assist
			 the family and allow the child to remain safely at home (per A.C.A. §
										12-18-604, the Department has the
			 authority to make referrals or provide services during the course of the child
			 maltreatment investigation);
B.
If separation of the child from the
			 family is necessary to protect the health and safety of the child;
			 and,
C.
Whether there
			 is a preponderance of the evidence (see Appendix I: Glossary) to support the
			 report.
If at any time before or during an investigation it is
				determined that the alleged offender is not a caretaker of a child and the
				alleged victim has reached 18 years of age prior to notification the child
				maltreatment investigation shall be closed, notwithstanding any criminal
				investigation.
REASONABLE EFFORTS TO PREVENT REMOVAL
Throughout the investigation the Division will ensure
				reasonable efforts are made to preserve the family and to prevent the need to
				remove the child from the home unless the health and safety of the child
				warrant immediate removal for the protection of the child. When the
				investigative agency's first contact with the family has occurred during an
				emergency in which the child could not safely remain at home, even with
				reasonable services being provided, the Division will be deemed to have made
				reasonable efforts to prevent or eliminate the need for removal.
INVESTIGATION COMPONENTS
The child maltreatment investigation will consist of, but
				is not limited to, interviews with appropriate parties (i.e., alleged victim,
				any siblings of the victim or other children under the of the alleged offender,
				the non-offending parent, the alleged offender, and collaterals as appropriate)
				and completion of the Health and Safety Assessment.
The Health and Safety Assessment is designed
				to:
A.
Identify Arkansas
			 Health and Safety Factors in the home which affect the child's immediate health
			 and physical well-being.
B.
Guide the FSW in determining whether or not the child can remain safely
			 in the home.
C.
Serve
			 as a structured decision-making tool. For example, information collected on the
			 Health and Safety Assessment can be used to document reasonable efforts or
			 aggravated circumstances. It can also be used to assist in completing the court
			 report, and at important case decision points, or when there are major changes
			 in case circumstances.
D.
Assess the child's health and safety at placement changes if the child
			 is removed from the home.
If the alleged offender is identified as a parent or
				primary caregiver, the CFS-6025: Health and Safety Assessment should be
				completed based on the conditions present when the child and the parent or
				primary caregiver are together in the home. Children ages 0-6, children with
				developmental disabilities or children who have been repeatedly victimized
				shall be considered especially vulnerable.
Information to complete the Health and Safety Assessment
				will be gathered during the child maltreatment interviews. All interviews and
				the entirety of the Health and Safety Assessment must be completed by the
				investigator within 30 calendar days of the receipt of the child maltreatment
				report. The Health and Safety Assessment must be approved by the FSW Supervisor
				within 45 calendar days of the receipt of the child maltreatment
				report.
The Health and Safety Assessment is comprised of three
				sections:
The Health and Safety Assessment is comprised of three
				sections:
A.
Health and
			 Safety Checklist
B.
Safety Planning
C.
Investigation Risk Assessment
The Health and Safety Assessment cannot be closed until
				both the Health and Safety Checklist and Safety Planning screens are
				completed.
A description of each of the Health and Safety Assessment
				sections and their associated actions during an investigation
				follows:
Health and Safety
				Checklist
The Health and Safety Checklist contains the fourteen
				Arkansas Health and Safety Factors (hereinafter referred to as "safety
				factors"). Upon the investigation initiation, the primary investigative agency
				will assess whether or not any of the fourteen safety factors are present. The
				presence or absence of safety factors must be documented by the primary
				investigative agency in the Health and Safety Checklist screen in CHRIS within
				48 hours of the investigation initiation, excluding weekends and holidays.
				Every subsequent contact with the family should also include an assessment for
				any safety factors; however, the Health and Safety Checklist is only completed
				again in the event that additional safety factors are identified and/or facts
				change.
If CACD is assigned primary on an investigation and
				identifies one or more of the safety factors, the CACD investigator will
				immediately contact DCFS to conduct the remaining components of the Health and
				Safety Assessment (Safety Planning and Investigation Risk Assessment) as
				appropriate. DCFS will then be assigned as the secondary investigator on that
				particular investigation.
If CACD is assigned primary on an investigation and does
				not identify any safety factors, the CACD investigator is responsible for
				completing the Investigation Risk Assessment if the allegation is found true
				and an in-home or out-of-home case will be opened.
If DCFS is assigned primary on an investigation, DCFS
				will complete all components of the Health and Safety Assessment as appropriate
				regardless of whether safety factors are identified. The identification of the
				presence or absence of safety factors is critical to safety
				planning.
Safety Planning
Safety planning requires specific actions to be taken to
				ensure a child's safety during the course of an investigation. If a safety
				factor is identified, there are only two basic alternatives to implement during
				the safety planning process:
A.
Develop a protection plan to
			 mitigate the identified safety factors; or,
B.
Remove the child.
The Safety Planning screen in CHRIS documents the actions
				taken to ensure a child's safety during the course of an
				investigation.
When any safety factors are present, a protection plan
				must be developed to address each identified safety factor if the child will
				remain in the home. A protection plan is a written plan developed by DCFS staff
				in conjunction with the family to address identified safety factors. This
				documentation describing the actual use or consideration of using protecting
				interventions establishes reasonable efforts to prevent removal of the child
				from the home.
The protection plan must be developed and receive DCFS
				supervisory approval prior to DCFS staff leaving the home. The protection plan
				serves as a written agreement between the Division and the family. As such, a
				copy of the plan will be provided to the caregiver and to other members
				participating in the plan prior to the investigator leaving the
				home.
If an emergency order of less than custody (see below for
				more information regarding orders of less than custody) is not obtained from
				the court, a protection plan may never:
A.
Make any change to the current
			 physical and/or legal custody arrangement of the child; or,
B.
Otherwise limit the right of a
			 parent (whose rights have not been terminated for the specific child(ren)
			 involved in the current investigation) or legal custodian to visit/have access
			 to his or her child including supervised visits.
Possible Protection Plan Actions:
Depending on the dynamics of a particular investigation
				and the family involved, the following orders,
among many other actions, may be a part of a protection
				plan as appropriate:
A.
Order of Less Than Custody
If there are concerns about the alleged offender's access
				to the child and there is no reason to suspect that the non-offending custodian
				will allow the alleged offender access to the child, then DCFS is encouraged to
				obtain an "Order of Less than Custody" filed with the court so as to legally
				restrict the alleged offender from contact with the child while allowing the
				child to remain in the home as part of the protection plan.
In addition to the situation above in which the
				non-offending custodian is the legal custodian of the child and wants to
				restrict the alleged offender's access to the child, orders of less than
				custody may also be applicable to situations in which:
1)
The legal custodian placed or
			 otherwise allowed the child to reside wth another person for more than six
			 months; and,
2)
The
			 legal custodian is named as an alleged offender in an investigation;
			 and,
3)
The child's
			 current caretaker and DCFS assess that the legal custodian who is also the
			 alleged offender's access to the child pose an immediate danger to the child's
			 health or physical well-being; and,
4)
DCFS has no immediate health or
			 physical well-being concerns with the current placement; and,
5)
DCFS has determined that specific
			 safeguards in the court's order will ensure the child's immediate health and
			 physical well-being while remaining in the current home.
To obtain an order of less than custody, the FSW may
				contact OPLS immediately to request OPLS to file a petition for an "order of
				less than custody." While the child may remain in the home under the conditions
				described above, an order of less than custody is still a dependency-neglect
				petition. It is not necessary for the alleged offender to have legal right to
				custody or visitation with the child or to have property rights allowing access
				to the home where the juvenile resides or to be a juvenile in order to petition
				the court for an order of less than custody.
The Division shall thoroughly assess for safety factors
				(to be documented in the Health and Safety Checklist) to ensure that a
				protection plan is in place for a child before leaving that child in a home
				where DCFS has petitioned the court for an order of less than
				custody.
B.
Order of Protection
Any adult family/household member may file a petition for
				an order of protection on behalf of another family or household member,
				including a married minor. An employee or volunteer of a domestic violence
				shelter or program may file a petition on behalf of a minor, including a
				married minor. The Division will thoroughly review the Health and Safety
				Assessment to ensure that a protection plan is in place for a child before
				leaving that child in a home where an order of protection has been
				filed.
An order of protection issued by a court of competent
				jurisdiction in any county of this state is enforceable in every county of this
				state by any court or law enforcement officer. An order of protection issued by
				a court of another state, federally recognized Indian tribe, or a territory
				shall be afforded full faith and credit by the courts of Arkansas and shall be
				enforced by law enforcement as if it were issued in Arkansas.
Regardless of the actions included in a protection plan,
				protection planning is a process that occurs with the family and may include
				the family's selected support network. However, protection planning is
				ultimately the responsibility of DCFS and cannot be delegated to the family,
				supports, or treatment providers. Protection planning and oversight on the part
				of the Division continues throughout involvement with the family as long as
				safety factors are present. The plan must be sufficient to manage and control
				safety factors based on a high degree of confidence that it can be implemented,
				sustained, and closely monitored by DCFS. The Division will assure that the
				roles and responsibilities of the protection plan are clearly described to and
				discussed with the person providing those services.
If a protection plan is developed, it must be documented
				in the Safety Planning screen in CHRIS within 48 hours of the investigation
				initiation, excluding weekends and holidays.
If a reasonable protection plan cannot be developed, then
				the child must be removed and placed in an approved placement (see below for
				more information regarding protective custody). Removal must also be documented
				in the Safety Planning screen in CHRIS within 48 hours, excluding weekends and
				holidays, of the act of removal of the child.
If any other actions were taken or services put in place
				to ensure safety of the child victim or other children in the home, then these
				activities must also be documented in the Safety Planning screen in CHRIS
				within 48 hours of the investigation initiation, excluding weekends and
				holidays.
If there are risk factors and/or evidence that
				maltreatment has occurred, but no safety factors are present, then neither a
				protection plan nor removal of the child is necessary at that point in time.
				When no safety factors are present, per A.C.A. §
											12-18-1009, the parents retain the
				right to keep the child at home or to place the child outside the home.
				However, as appropriate, the FSW investigator may make referrals or provide
				services during the course of the child maltreatment investigation to address
				any risk factors. All referrals made and/or services provided during the course
				of the child maltreatment investigation shall be documented in the Service Log
				and contact screen in CHRIS.
Investigation Risk
				Assessment
The Investigation Risk Assessment (CFS-6026
:
Investigation Risk Assessment in CHRIS) is designed
				to:
A.
Assess
			 the family's level of risk during the child maltreatment
			 investigation.
B.
Establish a baseline level of risk for a family.
C.
Identify the factors and
			 circumstances that indicate the child may be at risk of future abuse or
			 neglect.
D.
Indicate
			 the necessary level of involvement to assure the child's
			 well-being.
E.
Provide a structured decision-making tool in case planning (the investigation
			 risk assessment informs the case plan if a case is opened after the completion
			 of the investigation).
The CFS-6026: Investigation Risk Assessment will be
				completed on all cases with a child maltreatment determination of "True." As
				such, the Investigation Risk Assessment must be completed by the investigator
				within 30 calendar days of receipt of the hotline report and must receive
				supervisory approval within 45 calendar days of receipt of the hotline
				report.
Levels of risk are classified as intensive, high,
				moderate, and low. The higher the score, the higher the risk of future harm.
				The level of risk determined during the Investigation Risk Assessment will be
				considered the baseline level of risk for any subsequent case that is opened,
				if applicable.
Overrides to Risk Levels have been established to assist
				the FSW in ensuring that the level of risk for a case accurately reflects the
				risk level for the children. A supervisor is allowed to make discretionary
				policy overrides when a unique circumstance warrants a higher risk level than
				assigned by the risk level chart.
The discretionary Risk Level Override options are listed
				below and require the supervisor to upgrade the risk level to Intensive at the
				initial investigation, regardless of the risk scale score.
A.
Sexual abuse cases where the
			 perpetrator is likely to have access to the victim child.
B.
Cases with non-accidental physical
			 injury to an infant.
C.
Serious non-accidental physical injury requiring hospital or medical
			 treatment.
D.
Death
			 (previous or current) of a sibling as a result of abuse or
			 neglect.
Risk Level Overrides must be reassessed when the case
				plan is updated.
PROTECTIVE CUSTODY
If at any point in time during the investigation the
				health and physical well-being of a child are in immediate danger and the
				Division must take custody of the child to ensure his or her health and safety,
				the child shall be placed in an appropriate licensed or approved placement.
				This may include an identified relative or fictive kin home if it is in the
				best interest of the child and all criteria for opening a provisional foster
				home and placing the specific child for whom the provisional foster home was
				opened have been met (see Policy VI-B: Consideration of Relatives and Fictive
				Kin for Children in Foster Care and Policy VII: Development of Foster Homes for
				more information).
The Division may file a motion to transfer any other
				prior or subsequent legal proceeding concerning the juvenile (e.g., if a
				relative of the child taken into custody attempts to obtain guardianship or
				custody of the juvenile) to the court that is hearing the dependency-neglect
				petition if the Division:
A.
Takes a 72-hour hold; or,
B.
Files a petition for ex parte
			 emergency order; or,
C.
Files a petition for dependency-neglect.
RIGHTS OF INVESTIGATOR
The investigator has the right to obtain a criminal
				background check, including a fingerprint-based check in any national crime
				database, on any subject of the report. The results of the criminal background
				check will not be disclosed outside of the Department except as permitted under
				A.C.A. §
										12-18-612.
In accordance with A.C.A. §
										12-18-613, on request by the
				investigating agency, any school, child care center, child care facility,
				residential facility, residential treatment facility, or similar institution
				shall provide the investigator with the name, date of birth, Social Security
				number, and last known address and phone number of any alleged offender if the
				alleged maltreatment occurred at that school, center, or facility. Any school,
				child care facility, residential facility, or similar institution shall also
				provide the person conducting the investigation with the name and address of
				any witness to the alleged child maltreatment if the alleged child maltreatment
				occurred at that school, center, or facility.
The FSW or CACD investigator conducting the child
				maltreatment investigation also has the right to enter into the home, school,
				or other place for the purpose of conducting an interview or completing the
				investigation. The investigator also has the right to request accompaniment by
				a law enforcement agent while conducting the investigation. If the investigator
				is denied access into the home, school, or other place for investigative
				purposes, then the investigator must prepare an affidavit to submit to OPLS in
				order to request an Order of Investigation. If the investigator is denied
				access into the home, school, or other place and has reason to believe a
				child's health or safety are in immediate danger, the investigator will call
				local law enforcement immediately (if not already accompanied by LLE) in order
				to help gain access into the home.
No publicly supported school, facility, or institution
				may deny access to any person conducting a child maltreatment investigation.
				DCFS, CACD, and law enforcement shall be allowed access to the child's public
				and private school records during the course of the child maltreatment
				investigation. School district staff shall not provide notification if a
				request is made to interview a student during the course of an investigation of
				suspected child maltreatment and a parent, guardian, custodian, or person
				standing in place of a child's parent is named as an alleged offender and the
				interviewer requests that the school personnel does not make said
				notification.
Per A.C.A. §
										12-18-604, DHS may petition a
				circuit court to allow an investigator to access the controlled substance
				database if the investigator demonstrates probable cause that the alleged
				offender has one or more prescription drugs, and the baby or the alleged
				offender tested positive for prescription drugs at the time of the birth of the
				baby.
The investigator will have the discretion, in the child's
				best interest, to limit the persons allowed to be present when a child is being
				interviewed concerning an allegation of child maltreatment. The investigator
				will determine when a child or any other children residing in the home should
				be referred to a physician, psychologist, or psychiatrist for a medical or
				psychological examination. While DCFS staff may conduct drug screens on
				teenagers when necessary, all children younger than 13 should be referred to a
				physician or medical facility for drug screening if needed.
DCFS will fully cooperate and participate in
				multidisciplinary child maltreatment response teams. All information except the
				name of the reporter may be disclosed to the teams.
INTERPRETER SERVICES
At any point during the course of a child maltreatment
				investigation, when the person being interviewed cannot clearly communicate in
				English, the investigator shall arrange for an interpreter before continuing
				the interview. The interpreter must be trained and appropriately certified to
				translate the specific language needed.
If at any point during the course of a child maltreatment
				investigation, the investigator cannot determine whether the person being
				interviewed can clearly and effectively communicate in English, the interviewer
				shall end the interview. The interview shall recommence when a determination is
				made that the person can or cannot clearly communicate in English, and when
				necessary, a translator certified to translate the specific language has been
				obtained to facilitate clear communication. Family members should never serve
				as interpreters for an investigator conducting an interview.
If any delay in obtaining investigation or investigative
				information from having to make a determination about language and clear
				communication results in or creates a situation in which the alleged victim
				child's health or physical well-being will be put in immediate danger, the
				child will be placed in 72-hour protective custody.
INVESTIGATION COMPLETION TIMEFRAMES AND
				EXTENSIONS
Regardless of whether the child maltreatment
				investigation is conducted by DCFS, CACD, or local law
enforcement, the supervisor approved investigative
				determination shall be made within 45 calendar days.
The Area Director or designee may request an extension of
				an additional 15 calendar days (for a total investigative timeframe of 60
				calendar days) to complete the investigation and make a determination if good
				cause for the requested extension is shown. Circumstances that meet the
				definition of good cause, as it pertains to requesting and granting a 15 day
				extension to make an investigative determination, include but are not limited
				to:
A.
The Prosecuting
			 Attorney or law enforcement officials have requested that DCFS postpone the
			 determination due to a pending criminal investigation;
B.
Medical, crime lab, or autopsy
			 reports needed to make a determination have not been received;
C.
The report involves some
			 out-of-state subjects and interview write-ups have not been
			 received;
D.
Conflicting medical opinions have been received, requiring further analysis;
			 or,
E.
Multiple
			 alleged offenders or victims are involved, requiring additional time to conduct
			 interviews and gather evidence.
Documentation supporting the request for the extension
				must be submitted with the request.
All extension requests must be submitted to and approved
				by the Assistant Director of Community Services or designee.
INVESTIGATIVE DETERMINATIONS AND RESULTING REFERRALS AND
				CASE OPENINGS
Within the appropriate timeframes outlined above, a child
				maltreatment investigation will be determined to be:
A.
Unsubstantiated
B.
True
C.
True but exempt for:
1)
Garrett's Law (as defined by A.C.A.
			 §
											12-18-103(13)(B)
			 )
2)
Religious
			 beliefs
3)
Underaged
			 juvenile offenders
D.
Inactive based on the criteria in
			 PUB-357: Child Maltreatment Investigation Protocol.
The criteria for each of these determinations are as
				follows:
Unsubstantiated
				Determination
A child maltreatment investigation will be determined
				unsubstantiated in the event that:
A.
The allegation of child
			 maltreatment is not supported by a preponderance of the evidence following an
			 investigation by Division staff.
B.
The investigation concludes the
			 injuries were the result of reasonable and moderate physical discipline
			 inflicted by a parent or guardian for the purpose of restraining or correcting
			 the child.
True Determination
A child maltreatment investigation will be determined
				true in the event of:
A.
An admission of the fact of maltreatment by persons
			 responsible;
B.
An
			 adjudication of dependency-neglect;
C.
A determination of the existence of
			 maltreatment by Division staff, based on a preponderance of the
			 evidence;
D.
A
			 medical diagnosis of failure to thrive. The Family Service Worker should,
			 however, complete the Child Maltreatment Investigation in accordance with the
			 procedures included to determine the identity of
the caretaker and to conduct an investigation of the
				family for the purposes of determining appropriate service delivery; E. Any
				other medical or legal form of confirmation deemed valid by the
				Division.
If a report is determined to be true, the names and
				conditions of any minor children of the alleged offender, and whether these
				children have been maltreated, or are at risk of maltreatment, will be
				determined. If the report is determined to be true, and is a report of sexual
				intercourse, deviate sexual activity, or sexual contact, an investigation of
				any other children previously or currently under care of the alleged offender,
				to the extent practical, and whether these children have been maltreated, or
				are at risk of maltreatment, will be determined. The worker conducting the
				investigation shall also seek to ascertain all other relevant
				data.
If a report is determined to be true and involves any
				children under the age of three, those children must be referred to the
				Division of Developmental Disabilities Children's Services for an early
				intervention screening per the Child Abuse and Prevention Treatment Act (CAPTA)
				if the children were not already referred during the course of the
				investigation (see Policy II-I: Early Intervention Referrals and Services and
				related procedures for more information).
If a report of sexual abuse is determined to be true and
				the alleged offender is under the age of 18 at the time the act or omission
				occurred, the parents or legal guardians of the alleged juvenile or underaged
				juvenile offender and victim shall be provided with a list of mental health
				professionals or agencies available to evaluate and treat the alleged juvenile
				offender or underaged juvenile offender and victim, if necessary. Providing
				this information does not necessarily require the Division to pay for the
				mental health evaluation and/or any subsequent mental health treatment or
				services.
True but Exempt
				Determination
The following types of cases may be found true but exempt
				from placement on the Child Maltreatment Central
Regi stry. The Division may open a protective services case for
				any investigative determination of true but
exempt.
Garrett's Law Exemptions
A child maltreatment investigation that documents the
				presence of an illegal substance in either the bodily fluids or bodily
				substances in the mother or child at the time of birth resulting from the
				mother knowingly using any illegal substance (i.e., Garrett's Law case) will be
				found true but exempt and will not be placed on the child maltreatment
				registry. A protective services case shall be opened to establish a plan of
				safe care.
If the FSW determines on an individual basis the child's
				health or physical well-being is in immediate danger, he or she should take the
				newborn into protective custody. The FSW must also assess any siblings of the
				newborn or other children under the care of the alleged offender. If it is
				determined that there is an immediate danger to the siblings' (or any other
				children under the care of the alleged offender) health or physical well-being,
				then they must also be brought into emergency 72 hour protective
				custody.
"Acceptable" reporters include any one of the following
				mandated reporters, who have reasonable cause to suspect that a newborn has
				been subjected to an illegal substance before birth or the mother had an
				illegal substance in her bodily fluids or bodily substances at the time of the
				birth:
*
licensed nurse;
*
osteopath;
*
physician;
*
medical resident or intern;
*
surgeon;
*
hospital social worker;
*
or, any medical personnel who may be engaged in the
				admission, examination, care or
treatment of persons in hospitals or similar medical
				settings.
During the course of an investigation, or when DCFS has
				custody, if the mother or newborn has tested positive for the presence of an
				illegal substance in the bodily fluids or bodily substances, and the mother
				indicates that she wants to place the newborn for adoption through a private
				agency or private entity, the Family Service Worker must contact OPLS
				immediately. If the infant is placed with a private adoption agency, then do
				not open a Protective Services case.
Religious Belief Exemptions
A child maltreatment investigation will be determined to
				be true but exempt due to religious beliefs exemption in the event that the
				Family Service Worker determines that the parent's decision to withhold medical
				treatment was based solely upon a religious belief, choosing instead to furnish
				the child with prayer and spiritual treatment in accordance with a recognized
				religious method of healing by an accredited practitioner.
A Family Service Worker will place a child whose health
				or physical well-being is in immediate danger in a safe environment in DHS
				custody regardless of the beliefs of the parents. The religious exemption does
				not preclude the FSW's right and responsibility to take appropriate action,
				including petitions to the court, to obtain necessary medical
				services.
Underaged Juvenile Offender Exemptions
A child maltreatment investigation will have an
				individual finding of true but exempt for underaged juvenile
offenders if there is an overall true finding of sexual
				abuse by a child under the age of 14 to another child.
Inactive Determination
Per A.C.A. §
										12-18-619, a Child Maltreatment
				Investigation will be determined inactive if at any time before or during the
				investigation the Department is unable to locate or identify the alleged
				offender because the alleged child maltreatment occurred:
A.
More than 5 years ago;
			 or,
B.
In another
			 state.
Failure to complete the investigation within the required
				45 days is NOT a reason to place a case on inactive status. The report MUST
				document why the investigation could not be completed. A case will remain on
				inactive status for one year, at which time it will be expunged.
INVESTIGATIVE DETERMINATION NOTICES
The Division of Children and Family Services will issue
				notices regarding the child maltreatment investigative determination whether
				true or unsubstantiated to all persons pursuant to Ark. Code Ann.
				12-18-703 et seq. The Division
				will issue notices in such a way as to ensure the rights to due process of the
				alleged offender and to protect others who may be at risk of harm from the
				alleged offender (See Policy XIV-A: Notices Regarding Child Maltreatment and
				related procedures for more information and specific
				instructions).