9 CAR § 40-820. Child maltreatment allegations concerning out-of-home placements – Overview

(a)(1) All child maltreatment allegations concerning any person in a resource home will be investigated in accordance with Arkansas Code § 12-18-602 of the Child Maltreatment Act, Arkansas Code § 12-18-601 et seq. (2) As with all children whose interest becomes the concern of the Division of Children and Family Services, the safety and welfare of all children experiencing foster care will be paramount. (b)(1) If any child experiencing foster care is the subject (alleged offender or alleged victim) of an allegation of child maltreatment, the Child Abuse Hotline will notify the appropriate Division of Children and Family Services and the Crimes Against Children Division executive staff as well as the Social Service Area Manager for the Division of Children and Family Services service area in which the resource home named in the report is located. (2) The Division of Children and Family Services will then ensure that the appropriate Division of Children and Family Services staff notify the child’s family, the primary and secondary staff for the child, as applicable, the Office of Chief Counsel attorney, the child’s CASA, if applicable, and the child’s attorney ad litem. (3) The attorneys ad litem for any other children placed in the home will be notified as well. (c) If there is an allegation of child maltreatment in which a child experiencing foster care is named as the alleged offender, see 9 CAR § 40-313(i), investigation of child maltreatment reports under “Legal representation for child experiencing foster care named as an alleged offender”, for more information. (d) The Crimes Against Children Division will conduct all child maltreatment investigations (Priority I and II) involving a resource parent or household member of a resource home excluding reports that meet differential response criteria involving a child experiencing foster care that allegedly occurred prior to the child entering foster care. (e)(1) However, when any household member of a resource home, to include resource parents, biological and adopted children of the resource parents, and children experiencing foster care placed in the home, is the subject of a child maltreatment allegation, Division of Children and Family Services staff will also conduct an individualized evaluation to assess the safety of the child within twenty-four (24) hours of the receipt of the report to determine if the child can safely remain in the home during the course of the investigation. (2) Division of Children and Family Services staff will try to coordinate this contact in the home to assess safety with Crimes Against Children Division staff. (f)(1) If a safety threat is identified in the resource home, staff will review the Division of Children and Family Services’ approved safety assessment for resource providers in consultation with a Division of Children and Family Services supervisor and make a determination regarding whether the child will be moved to another approved placement or an immediate safety plan can be developed to mitigate the safety threat. (2) If no safety threat is identified but there are other concerns to be addressed related to the resource home or any household members, a corrective action plan may be put in place to allow the child experiencing foster care to remain safely in the resource home. (3) A corrective action plan is designed to ensure the safety and well-being of the child in the home as long as the concern is not an act or omission rising to the level of a safety threat. (4) All relevant information will be reviewed to make a decision regarding the implementation of an immediate safety plan or corrective action plan for the resource home. (5) This includes, but is not limited to: (A) The characteristics and history of the child experiencing foster care; (B) Best interest of the child experiencing foster care; (C) The characteristics and history of the resource parents and their own children (if any); (D) The nature of the allegation; (E) Information collected during the investigation; and (F) The services, supports, or monitoring that will be put in place during the investigation. (g)(1) The appropriate the Division of Children and Family Services Assistant Director or designee must approve all immediate safety plans and corrective action plans for resource homes prior to Division of Children and Family Services staff leaving the home in which the immediate safety plan or corrective action plan will be implemented. (2) If the safety and welfare standards of the Division of Children and Family Services cannot be met and the child cannot safely remain in the home, the child experiencing foster care will be moved to another approved placement. (h)(1) If after the initial safety evaluation conducted by Division of Children and Family Services staff it is determined that there are no risk factors or safety threats present, then neither an immediate safety plan nor a corrective action plan is required while the investigation is being completed. (2) In these situations, the Social Service Area Manager may approve leaving the child in the home if it is in the best interest of the child. (3) Social Service Area Manager will notify the appropriate the Division of Children and Family Services Assistant Director or designee when a child is left in a resource home with a pending investigation but for which neither an immediate safety plan nor a corrective action plan was necessary. (i)(1) While any resource home is being investigated because of a child maltreatment allegation, no additional children experiencing foster care may be placed there, regardless of whether an immediate safety plan or corrective action plan was required. (2) As such, the resource home will be placed on unavailable status in the division information management system.