9 CAR § 40-701. Out-of-home placement criteria

(a)(1) The State of Arkansas is not a voluntary placement state. (2) The removal of a child from their home must occur pursuant to a judicial order placing custody of the child with the Division of Children and Family Services. (3) After the division removes the child or the court grants custody of the child to the Department of Human Services, the child shall be placed in a licensed or approved resource home, shelter, or facility, or an exempt child welfare agency as defined at Arkansas Code § 9-28-402. (b)(1) When a child is in the custody of the Division of Children and Family Services, the Division of Children and Family Services shall ensure that the out-of-home placement is: (A) In the best interest of the child; (B) The least restrictive possible; (C) Matched to the child’s physical and therapeutic needs (such as caretakers have the skills and training sufficient to meet the child’s individual needs); and (D) Close in proximity to the child’s caregivers and the child’s school. (2) All efforts to place a child within Arkansas shall be thoroughly explored and documented before consideration is given to out-of-state placement. (c)(1) If the biological caregiver expresses a preference for placing a child in a home of the same or similar religious background to the biological caregiver’s, the Division of Children and Family Services will place the child with a family that meets the biological caregiver’s religious background. (2) If a family with the same or similar religious background is not available, the Division of Children and Family Services will place the child with a family of a different religious background but that is knowledgeable and appreciative of the child’s religious background. (d)(1) When it is in the best interest of each of the children, the Division of Children and Family Services shall attempt to place siblings together while they are experiencing foster care. (2) Siblings include those individuals who would be considered a sibling under state or tribal law if it were not for the disruption in parental rights, such as a termination of parental rights or death of a parent. (3) When it is in the best interest of each of the children, the Division of Children and Family Services shall attempt to place together infants with minor mothers who are in foster care. (e)(1) The state shall check all appropriate child abuse and neglect registries for information on any prospective resource parent and any household member fourteen (14) years of age and over living in the household before the prospective caregiver may be finally approved for placement of that child. (2) This will be done regardless of whether foster care maintenance payments or adoption assistance payments are to be made on behalf of the child. (3) The state shall also request any other state in which a prospective caregiver or any household member fourteen (14) years of age and older has resided in the preceding five (5) years to check any child abuse and neglect registry it maintains for such information. (4) The state will comply with any request received from another state to check its own child abuse and neglect registry. (f) In addition, a child in the custody of the Division of Children and Family Services shall not be placed in an approved home of any resource parent unless all household members eighteen and one-half (18 1/2) years of age and older, excluding children experiencing foster care, have had a Division of Arkansas State Police criminal record check. (g) A child in the custody of the Division of Children and Family Services shall also not be placed in an approved home of any resource parent unless all household members eighteen and one-half (18 1/2) years of age and older, excluding children experiencing foster care, have a fingerprint-based Federal Bureau of Investigation criminal background check. (h)(1) No child shall be placed in the home of a resource parent where a records check reveals a felony conviction for: (A) Child abuse or neglect; (B) Spousal abuse or domestic battery; (C) A crime against children (including child pornography); or (D) A crime involving violence, including: (i) Rape; (ii) Sexual assault; or (iii) Homicide. (2) No child shall be placed in the home of a resource parent if the record check reveals a criminal conviction for physical assault, battery, or a drug related offense, if the offense was committed within the past five (5) years. (3) The placement decision shall be based on an individual assessment of the child’s needs. (i)(1) In all custodial placements by the Division of Children and Family Services, preferential consideration will be given to an adult relative over a nonrelated caregiver if: (A) The relative caregiver meets all relevant child protection standards; and (B) It is in the best interest of the child to be placed with the relative caregiver. (2) All potential out-of-state relative placements will be given the same opportunity as in-state relative placements to choose to become resource homes. (j) In order to assist in placing the child with an appropriate relative, the court will order the caregivers to provide the necessary information to the Division of Children and Family Services to locate appropriate relatives: (1) The names, addresses, and phone numbers of any relatives who may be placement resources for the child; (2) The names, addresses, and phone numbers and other identifying information on any putative father or fathers of the child; (3) Any information regarding possible membership or descent from an Indian tribe; and (4) Information necessary to determine financial eligibility for services or foster care. (k)(1) If the relative meets all relevant child protection standards and it is in the child’s best interest to be placed with the relative caregiver, the Division of Children and Family Services shall discuss with the relative the following two (2) options for placement of the child in the relative’s home: (A) The relative becoming a Division of Children and Family Services provisional resource home prior to becoming a regular Division of Children and Family Services resource home; or (B) The relative obtaining legal custody of the child. (2) For more information on these placement options, refer to 9 CAR § 40-708, consideration of relatives and fictive kin for children experiencing foster care. (l)(1) Fictive kin to the child may be an appropriate placement option for a child provided the individual meets all relevant child protection standards and it is in the child’s best interest to be placed with fictive kin. (2) Fictive kin are defined as persons not related by blood or marriage but who have a strong, positive emotional tie to the child, and have a positive role in the child’s life such as: (A) Godparents; (B) Neighbors; or (C) Family friends. (3) If appropriate fictive kin are identified as a placement option for a child, the Division of Children and Family Services shall discuss with the fictive kin the following two (2) options for placement of the child in the fictive kin’s home: (A) The fictive kin becoming a Division of Children and Family Services provisional resource home prior to becoming a regular Division of Children and Family Services resource home; or (B) The fictive kin obtaining legal custody of the child. (m) The child shall remain in a licensed or approved resource home, shelter, or facility, or an exempt child welfare agency as defined at Arkansas Code § 9-28-402(12), until: (1) The relative or fictive kin’s home is opened as a provisional resource home or regular resource home; or (2) The court grants custody of the child to the relative or fictive kin after a written approved home study is presented to the court. (n) Placement or custody of a child in the home of a relative or other person shall not relieve the Division of Children and Family Services of its responsibility to actively implement the goal of the case. (o)(1) The court may order a child to remain in a placement if the court finds the placement is in the best interest of the child (with the exception that the court shall not order a child to remain in a placement in a resource home that has been closed or suspended by a child placement agency) after hearing evidence from all parties. (2) The court shall not specify a particular provider for placement or family services, when the Division of Children and Family Services is the payer or provider. (3) However, the court may order a child to be placed into a licensed approved placement (such that, no child shall be placed in a resource home that has been closed or suspended by a child placement agency) after a hearing where the court makes a finding that it is in the best interest of the child based on bona fide consideration of evidence and recommendations from all the parties. (p)(1) If the court orders a child to be placed into a licensed approved placement as outlined above, a Title IV-eligible child may still remain Title IV-E-claimable. (2) However, if the court orders a child into a specific placement and it is determined that the court did not make a finding based on bona fide consideration of evidence and recommendations from all parties a Title IV-eligible child’s Title IV-E claimability may be affected. (q)(1) If the health or welfare of a child is in immediate danger while in a court-ordered placement, the Division of Children and Family Services may immediately remove the child from the court-ordered placement. (2) If the Division of Children and Family Services must move a child from a court-ordered placement due to the health or welfare of a child being in immediate danger, the Division of Children and Family Services shall notify all parties within twenty-four (24) hours of the change in placement. (3) Regarding this type of placement change, a hearing may be requested by a party to the case, and the hearing shall be held within five (5) business days of receiving the request. (r)(1) In all cases in which family services are ordered, the court shall determine the caregiver’s ability to pay, in whole or in part, for these services. (2) This determination and the evidence supporting it shall be made in writing in the court order ordering family services. (3) If the court determines that the caregiver is able to pay, in whole or part, for the services, the court shall enter a written order setting forth the amounts the caregiver can pay for the family services ordered and ordering caregiver to pay the amount periodically to the provider from whom family services are received. (4) If a child is committed to a youth services center or detained in a juvenile detention facility and is covered by private health insurance, the court may order the caregiver to provide information on the health insurance coverage (including a copy of the health insurance policy and pharmacy card when available) to the detention or youth services center. (s)(1) A child of a parent who is in division custody, is also considered a dependent juvenile and is: (A) Eligible to receive foster care maintenance payments; and (B) Deemed to be a recipient of aid to families with dependent children. (2) Titles XIX and XX services will be available to the child in the state in which the child resides. (t)(1) Children who are in the custody of the division shall be allowed trial home placements with caregivers, for a period not to exceed sixty (60) days, except as approved by the division, and in any event not to exceed six (6) months. (2) This includes trial home placements with the juvenile’s caregivers from whom custody was removed (or other person from whom custody was removed). (3) The division values child safety and will not place any child in trial home placement unless immediate safety threats have been mitigated and sixty (60) days is the intended maximum trial home placement. (4) Use of trial home placement for a period exceeding sixty (60) days will be reserved for extenuating circumstances. (5) At the end of the sixty (60) days, unless an extension is requested by the division for good cause, the court shall either place custody of the child with the caregiver, or the division shall return the child to: (A) A licensed or approved: (i) Resource home; (ii) Shelter; or (iii) Facility; or (B) An exempt child welfare agency as defined in Arkansas Code § 9-28-402. (u) When a child leaves the custody of the division and the court grants custody to the caregiver or kin, the division is no longer the legal custodian of the child, even if the juvenile division of circuit court retains jurisdiction.