9 CAR § 40-708. Consideration of relatives and fictive kin for children experiencing foster care

(a)(1) The Division of Children and Family Services believes that safe and appropriate relatives and fictive kin are the best placements for children who must be removed from their homes to ensure safety. (2) Research confirms that children experiencing foster care fare much better when placed with relatives and fictive kin than in traditional resource homes or other placement settings. (3) Placement with relatives and fictive kin helps to minimize trauma, improve well-being, and increase permanency for children in foster care. (4) The division will strive to ensure that a child’s first placement is with a relative or fictive kin if at all possible. (b)(1) “Relative” means a person within the fifth degree of kinship to the child or at least one (1) of the children in a sibling group, including step-siblings and half-siblings, by virtue of blood or adoption. (2) In all custodial placements by the division in foster care or adoption, preferential consideration shall 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. (c)(1) When considering placement options for a child experiencing foster care, relative includes noncustodial parents as parents are presumed to be the most appropriate caregiver for a child unless evidence to the contrary is presented. (2) When a child enters foster care, the division will immediately evaluate the appropriateness of noncustodial parents for trial home placement of their child. (3) When a noncustodial parent is not an immediate placement option, the division will seek other relatives as potential caregivers in an effort to preserve the bond between the child and family. (4) The division will discuss with relative (who is not the noncustodial parent) the following two (2) options for placement of the juvenile in the relative’s home: (A) The relative becoming a division provisional resource home prior to becoming a regular resource home; or (B) The relative obtaining legal custody of the juvenile. (d) Per Arkansas Code § 9-27-354, placement or custody of a juvenile in the home of a relative shall not relieve the division of its responsibility to actively implement the goal of the case. (e)(1) “Fictive kin” means a person not related to a child by blood or marriage, but who has a strong, positive, emotional tie to a child and has a positive role in a child’s life. (2) If there are no available or appropriate relatives within the fifth degree of kinship to the child, then the division will attempt to identify appropriate fictive kin, to include people beyond the fifth degree of kinship by virtue of blood or adoption, as a placement option for the child. (3) If the fictive kin meet all relevant child protection standards and it is in the best interest of the child to be placed with the fictive kin, the division shall discuss with the fictive kin the following two (2) options for placement of the juvenile in the relative’s home: (A) The fictive kin becoming a division provisional resource home prior to becoming a regular resource home; or (B) The fictive kin obtaining legal custody of the juvenile. (f) The juvenile shall remain in a licensed or approved resource home, shelter, or facility, or an exempt child welfare agency until: (1) A trial home visit placement occurs with a noncustodial parent; (2) A relative or fictive kin’s home is opened as a provisional or regular resource home; or (3) The court grants custody of the juvenile to the relative or fictive kin after a written approved home study is presented to the court. (g)(1) If the relative or fictive kin chooses to obtain legal custody of the juvenile, an in-home services case must be opened on the child and a family case plan developed to establish permanency for the child. (2) The division must provide services similar to the services that would have been provided if the child was placed in foster care, and the family case plan must address these services. (3) For example, the child’s health, education, and counseling needs should be addressed in the family case plan. (4) Relatives and fictive kin have the option of obtaining permanent custody or guardianship if all efforts toward reunification are exhausted or to achieve family case plan goals for permanency. (5) If the court grants permanent custody, or guardianship is granted, the in-home services case will be closed. (h) If termination of parental rights is an option for the case, the relative or fictive kin is eligible to adopt the child and can receive services identified in 9 CAR § 40-930, adoption subsidy and related procedures, if the child is eligible.