9 CAR § 40-834. Child missing from an out-of-home placement

(a)(1) Occasionally there are instances when a child or youth may leave an out-of-home placement without authorization, run away, or otherwise go missing. (2) Any of these instances will result in immediate action from the placement provider. (b) In all instances of missing children, the Division of Children and Family Services will collaborate with the placement provider, law enforcement, and the National Center for Missing and Exploited Children (NCMEC) in an effort to locate the child. (c)(1) Children experiencing foster care who are located after they run away from Interstate Compact on the Placement of Children (ICPC), Arkansas Code § 9-29-201 et seq., approved placements in another state are handled by the division ICPC office. (2) However, if a pick-up order is issued, the Interstate Compact for Juveniles (ICJ), Arkansas Code § 9-29-401, applies. (d)(1) Neither ICJ nor ICPC are applicable to children who are not experiencing foster care and are kidnapped (by either a custodial or noncustodial parent) and taken to another state. (2) These situations are a matter between the legal custodian and law enforcement. (3) However, for children with whom the division comes into contact due to an interference with a custody issue not related to a child who is in division custody, please refer to 9 CAR § 40-743, interference with custody. (e) Child who may have been taken from an out-of-home placement. (1)(A) If the placement provider has reason to believe the child was taken from the placement without authorization by another individual, then the placement provider will immediately notify local law enforcement, the youth’s primary Social Service Specialist, and supervisor. (B) The out-of-home placement provider will also begin an immediate search for the child or youth. (C) The search will entail the following actions: (i) Searching the immediate premises; and (ii) Searching the surrounding community or neighborhood. (2) Upon notification from the placement provider, the youth’s primary Social Service Specialist and supervisor will ensure the following individuals are notified of the child’s disappearance: (A) Social Service Area Manager; and (B) Assistant Director of Field Operations or designee. (3) The primary Social Service Specialist will then follow state and federal reporting guidelines. (4) The Assistant Director of Field Operations or designee will then notify the Director of the Division of Children and Family Services. (f) Child who may have run away. (1)(A) If the placement provider has reason to believe the child left the out-of-home placement of their own accord (such as, if they run away), then the out-of-home placement provider will begin an immediate search for the child or youth. (B) The search will entail the following actions: (i) Searching the immediate premises; and (ii) Searching the surrounding community or neighborhood. (2)(A) If the child is located within one (1) hour of initiating the search, the placement provider will notify the primary Social Service Specialist and supervisor of the incident no later than the next calendar day. (B) The child’s primary Social Service Specialist will document the incident (such as, if the child ran away but was located within one (1) hour) accordingly in the division information management system. (C) The primary, or Social Service Specialist, as appropriate, will also complete a contact with the child and placement provider by the next business day to assess why the child ran away and what immediate steps may need to be taken to better support both the child and the placement provider. (3)(A) If the child who is believed to have run away of their own accord cannot be located within one (1) hour of initiating the search, then at that point the out-of-home placement provider will immediately notify the youth’s primary Social Service Specialist and supervisor. (B) The primary Social Service Specialist will then follow state and federal guidelines.