Arkansas Administrative Code
Agency 016 - DEPARTMENT OF HUMAN SERVICES
Division 15 - Children and Family Services
Rule 016.15.06-003 - Family Services Policy & Procedure Manual (FSPP); Children & Family Services (CFS) forms CFS-509A, CFS-509B and CFS-521; and the DCFS Publication 04 - Minimum Licensing Standards for Child Welfare Agencies

(1) assuring that no identifying or potentially harmful information on a child is released, and

(2) the consent shall be reviewed and approved by OCC. Court orders that direct the release of specific information to specified offices, agencies or people shall be construed as proper consent for release of information. No other consent is necessary. However, OCC should be informed whenever such a release of information is being made.

Requests for media releases includes requesting permission to release photographs, voice reproductions, slides, video tapes, movie films, promotional pamphlets, news releases, etc. The FSW shall review the contents of such release along with OCC and make any necessary modifications. Consideration should be given to the protection of the child's identity and assurances that the contents of the material released will present the child in a light that would not be distasteful or negative to the child. The Director of the Division of Children and Family Services or designee shall be consulted in matters that may reflect on the Division. In cases of consents for coverage by news media, consultation should also be sought from the Director of Communications. This consent must be signed by the Assistant Director of Community Support. The foster parents shall be informed of these policies.

The Adoption Specialist must receive documented consent from a child ten (10) years of age or older, to show photographs for recruitment of an adoptive family.

CONFIDENTIALITY OF ADOPTION RECORDS

Non-identifying information from finalized records can only be released by the Arkansas Mutual Consent Voluntary Adoption Registry. Identifying information from a finalized record can only be released by court order.

INVESTIGATIVE REPORTS

Child maltreatment investigative reports are confidential. There are two types of child maltreatment investigative determinations: Unsubstantiated and Substantiated.

Unsubstantiated child maltreatment reports can only be released to:

* The SUBJECT of the report;

* The Prosecutor for the purpose of prosecuting false reports; and

* The Court if it is necessary for determination of an issue before the Court.

Substantiated or True child maltreatment reports can only be released to:

* The SUBJECT of the report; and

* The appropriate law enforcement agency and prosecuting attorney in cases of severe maltreatment.

* See A.C.A. 12-12-512; A.C.A. 12-12-514.

The Department may disclose the investigative determination of any offender when the offender is engaged in child-related activities or employment, and the Department has determined that children under the care of the offender are at risk of maltreatment by the offender.

A Court Appointed Special Advocate (CASA) and Attorney Ad Litem (AAL) can obtain a copy of a true report from the Central Registry on a child they are representing.

Information contained in the Central Registry is confidential. It can only be released to:

* The administration of the adoption, foster care, children's protective services programs, or child care licensing programs OF ANY STATE;

* Federal, state, or local government entities, or any agent of such entities, that needs to know the information to carry out its responsibilities to protect children from abuse or neglect;

* The SUBJECT of a true of report. The subject of a report includes: the offender, the victim child and the custodial/non-custodial parent(s), guardians or legal custodians of the victim child. A non-custodial parent is still a parent and gets the report;

* A civil court or administrative proceeding when it is necessary to determine an issue before the court or administrative agency;

* The administration of a federally assisted program which provides assistance to individuals on the basis of need;

* An audit by a governmental agency authorized by law to conduct the audit;

* A bona fide research project but without identifying information, such as names. You will know if it is a bona fide research project because the Director of the Department must give written approval;

* A multi-disciplinary team;

* The Division of Child Care and Early Childhood Education and the child care facility owner or operator for the limited purpose of providing a Central Registry background check on employees and shall include a true finding only;

* Child abuse citizen panels;

* Child fatality review panels;

* The general public, the findings about the case of child abuse which has resulted in a child fatality or near fatality; but the Central Registry may redact any information concerning siblings, attorney-client communications and other confidential communications.

* A grand jury or court when it is necessary to determine an issue;

* The CURRENT foster parents of a child who is the subject of a report;

* The prosecuting attorney or law enforcement officers on request; and

* The employer of any offender when the offender is engaged in child related activities.

* See A.C.A. § 12-12-506.

* True reports may be disclosed to individual federal and state senators and representatives who agree not to allow any redisclosure of information, provided that no disclosure shall be made to any committee or legislative body of any information which identifies any recipient of services by name or address.

* True reports that have been administratively appealed pursuant to the Child Maltreatment Act and which have been stayed because of criminal proceedings shall not be disclosed other than for administration of adoption, foster care, or children's protective services programs.

* A relative or friend of the subject of the report can not get the information. This is true even if the relative or friend is calling on behalf of the subject of the report. The stepparent does not get the information unless the stepparent is the subject of the report. See A.C.A. § 12-12-506. When the non-custodial parent has a child in the custodial parent's home, but that child is not the subject of the report, the non-custodial parent does not get the report.

If you wrongfully disclose confidential information, you are guilty of a Class C or Class A misdemeanor and you can lose your job. For a Class C misdemeanor, the sentence shall not exceed 30 days in the county jail and a $100 fine. For a Class A misdemeanor, the sentence shall not exceed one year in the county jail and a $1,000 fine. The difference in the two sentences depends on which statute is used. See A.C.A. 12-12-504 or A.C.A. § 12-12-506.

PROVISIONAL INFORMATION

The following receive child maltreatment reports determined to be substantiated or unsubstantiated and the services offered and provided:

* A mandated reporter;

* The school counselor; and

* A person or agency that is providing professional services to the victim child. See A.C.A. § 12-12-515.

THE NAME AND ANY IDENTIFYING INFORMATION OF THE REPORTER IS ALWAYS CONFIDENTIAL. The Court may order you to reveal the name of the reporter. Then, and only then, may you reveal the name. A.C.A. § 12-12-506.

FREEDOM OF INFORMATION ACT

The general public can discover some information about you. Your personnel record can be disclosed, unless to do so would clearly be an unwarranted invasion of privacy. Therefore, the Department can not release your Social Security Number, your school transcripts, your PPES information unless you are suspended or terminated as a result of your PPES score, or any grievance information. Grievance information becomes public record after the grievance process is completed if a grievance is appealed to the State Grievance Review Committee. If the grievance is not appealed to the state level, the discipline does not become public record. See A.C.A § 25-19-105.

See these policy sections for more information on confidentiality: Policy (II-D): Child Maltreatment Central Registry; Procedure (II-D1): Requests for Central Registry Information; Procedure (II-D2) Requests for Information from Agencies Providing Protective Services; Policy (VII-B): Providing Information to Foster Parents; Procedure (VII-B1): Providing Information to Foster Parents.

(1) screen out the report,

(2) forward it to the other state's hotline for investigation and

(3) send a copy of the report to the appropriate investigating agency in Arkansas to initiate courtesy interviews. The Arkansas agency should contact the other state and advise them of our willingness to assist their investigation (e.g. courtesy interviews).

If the alleged maltreatment occurred in another state, but the alleged offender is a resident of Arkansas AND the report of child maltreatment in the other state or country would also be child maltreatment in Arkansas at the time the incident occurred, the Hotline shall refer the report to DCFS or the Crimes Against Children Division (CACD) of the Arkansas State Police, as appropriate. Arkansas DCFS or CACD can investigate alone or together with the investigative agency from the other state or country. Arkansas DCFS or CACD shall investigate AND shall notify the alleged offender that if the allegation is determined to be true, the offender's name will be placed in the Arkansas Central Registry. The other state may also conduct an investigation in Arkansas that results in the offender being named in a true report in that state and placed in that state's Central Registry. If the alleged maltreatment occurred in Arkansas, but the victim, his parents and/or the alleged offender no longer reside here, the Hotline will accept the report. The Arkansas investigating agency (DCFS or CACD) will contact the other state and request courtesy interviews with the out-of-state subjects of the report.

If the Hotline is notified of alleged child maltreatment of a client or resident in any facility licensed or registered by the State of Arkansas, the investigating agency (CACD or DCFS) will immediately notify the facility's licensing or registering authority of the suspected maltreatment.

The Crimes Against Children Division maintains an around the clock statewide intake process (the Child Abuse Hotline) for accepting reports of alleged child maltreatment. A uniform protocol is used for screening and prioritizing all allegations of child maltreatment. The investigating agency shall notify local law enforcement immediately of all reports of severe maltreatment. The investigating agency will initiate an investigation in cooperation with law enforcement and the prosecuting attorney within 24 hours.

PROCEDURE (II-C1): Child Abuse Hotline

The Child Abuse Hotline Workerwill:

* Receive and record all child maltreatment allegations.

* Attempt to secure all information requested in each screen within the Referral Section of CHRIS. Also, elicit all information requested on the "Referral" and "Narrative" screens, such as the following:

* reasons the reporter suspects child maltreatment and how the reporter acquired the information,

* current risk of harm to the child,

* mental and physical condition of alleged offender,

* potential danger to staff assessing the report,

* identity and location of possible witnesses or persons knowledgeable about the alleged child maltreatment, and

* Take a snapshot of the report using the Referral "Snapshot" icon on the CHRIS toolbar. Prioritize the report by keying the "Ref. Accept" screen. (Note: Central Registry Search results is a mandatory field on this screen.) Use the Child Maltreatment Assessment Protocol (PUB-357) as a guide.

* Inform the caller if the report does not constitute a report of child maltreatment and make appropriate referrals.

* Prioritize the report according to the protocol and transmit to the County Office, or Crimes Against Children Division (CACD) for assessment along with any pertinent Central Registry information.

* Telephone County Office, on-call Family Service Worker or CACD Worker immediately to tell of the need for Priority I handling.

The Child Abuse Hotline Supervisorwill:

* Ensure that each Child Abuse Hotline worker has access to a comprehensive and current listing of on-call Family Service Workers.

PROCEDURE (II-C2): County Office Interaction with Child Abuse Hotline

The County Supervisoror designee will:

* Take the information on child maltreatment as directed in Procedure II-C1 if a reporter contacts the county office and refuses to call or has been unable to contact the Child Abuse Hotline.

* Determine whether the report is a valid report of maltreatment by using the Child Maltreatment Assessment Protocol (PUB-357).

* Tell the reporter if the report is not an allegation of child maltreatment.

* Call the CHILD ABUSE HOTLINE if the report is accepted. The CHILD ABUSE HOTLINE will prioritize the report and refer for assessment by entering the report into the "Referral" section of CHRIS.

Once a report is entered in CHRIS, workers with proper security, will have access to referral, investigative and case information.

NOTE: County Office staff are strictly prohibited from entering reports into CHRIS. Any unauthorized use or altering of this information is also strictly prohibited. Please see DHHS Policy 1085, "Minimum Conduct Standards" No. 5 on information related offenses.

* Check the computer at least once in the A.M. and once in the P.M. for child maltreatment report transmissions.

* Acknowledge receipt of Priority I transmissions within two (2) working hours, and Receipt of Priority II transmissions within three (3) working hours.

* Advise the Child Abuse Hotline promptly of after-hours on-call Family Service Workers' names by entering information into the "Organization" screens in CHRIS.

* Establish procedures to ensure the security and confidentiality of reports at the local level and the Child Maltreatment Assessment files when not in use.

* Notify Prosecuting Attorney by letter of any failure by a mandated reporter to report suspected child maltreatment.

* Notify Prosecuting Attorney by letter when a reporter makes a report without good cause.

PROCEDURE (II-C3): County Office Request for Clearance of a Report

The County Supervisorwill:

* Contact a CHILD ABUSE HOTLINE Supervisor if there is reason to believe a registered report is inappropriate for assessment before the report is initiated.

* Cite at least one of the following reasons:

* the allegations would not constitute child maltreatment as defined in "The Child Maltreatment Reporting Act", or

* the same incident involving identical alleged offenders and victims has already been assessed.

The Child Abuse Hotline Supervisorand appropriate Hotline Staff will:

* Determine whether to screen out the report.

* Notify the Manager and County Supervisor if the report is screened out.

POLICY (II-D): CHILD MALTREATMENT CENTRAL REGISTRY

The Division of Children and Family Services maintains a statewide Central Registry for the collection of child maltreatment investigative reports. Reports made to the Department are confidential and may be disclosed only as provided by Ark. Code Ann. § 12-12-505 -506. True reports shall be retained. Information included in the automated data system shall be retained indefinitely to assist the Department in assessing future risk and safety. Hard copy records of unsubstantiated reports are not part of the Central Registry. They will be destroyed by the investigating agency at the end of the month in which the determination is made.

There can be no disclosure of unsubstantiated reports except for release to the prosecutor, to a subject of the report, and to the court if the information in the record is necessary for a determination of an issue before the court, to individual federal and state senators and representatives and their staff members (no disclosure may be made to any committee or legislative body), to law enforcement agencies and to any appropriate licensing or registering authority. Any person or agency to whom disclosure is made shall not further disclose the information to any other person. Any records of screened-out reports of child maltreatment shall not be disclosed and may only be used within the Department for purposes of administration of the program.

True reports may be disclosed to individual federal and state senators and representatives who agree not to allow any re-disclosure of information, provided that no disclosure shall be made to any committee or legislative body of any information which identifies any recipient of services by name or address.

True reports that have been administratively appealed pursuant to the Child Maltreatment Act and which have been stayed because of criminal proceedings shall not be disclosed other than for administration of adoption, foster care, or children's protective services programs.

The Department shall identify the types of child maltreatment for which the offender is eligible for automatic removal of his name from the Central Registry under certain conditions. Types of child maltreatment are defined in Pub-357 (Child Maltreatment Assessment Protocol). (See Policy IX-D Removal of An Offender's Name from Central Registry.)

If a person's name has been entered into the Central Registry as an offender for these named types of child maltreatment, the offender's name shall be removed when the offender has not had a subsequent true report of this type for one (1) year, and more than one (1) year has lapsed since the closure of any protective services or foster care case opened as a result of this report.

The Department will also identify types of child maltreatment for which an offender can request the Department to remove his name from the Central Registry if there has not been a subsequent true report for this type for five (5) years, and more than five (5) years have lapsed since the closure of any protective services or foster care case opened as a result of this report. (See Policy IX-D [Removal of An Offenders Name from Central Registry].)

If an offender is criminally convicted of a crime, an element of which is child maltreatment, as defined by Arkansas law, the offender's name shall always remain in the Central Registry.

PROCEDURE (II-D1): Requests for Central Registry Information

The Family Service Workeror DCFS Supervisor will

* Refer immediately by telephone or fax to Central Registry all requests.

* Send requested information to the Central Registry.

PROCEDURE (II-D2): Requests for Information from Agencies Providing Protective Services

The County Supervisoror designee will:

* Verify inquirer's identity and authorization to receive Central Registry information.

* Search county office Referral log in CHRIS for requested information.

* Release only true child maltreatment assessment determinations to professionals offering services or providing treatment for the victim.

* Call the OCC attorney if there are any questions.

PROCEDURE (II-D3) Central Registry Fees

The Department of Health & Human Services may charge a reasonable fee, not to exceed ten dollars

($10.00), for research, copying and mailing records of the investigative files of child maltreatment cases and Central Registry information. DHHS may also charge a reasonable fee for reproducing copies of tapes and photographs.

No fee will be charged to a:

* Nonprofit or volunteer agency that requests searches of the investigative files;

* Person who is indigent.

PROCEDURE (II-D4) Requests for Information from Employers who Work with Children

Employers or volunteer agencies that want to screen employees, applicants or volunteers who are, or will be, engaged in employment or activity with children may request information from the Central Registry. The employer or volunteer agency must submit a signed, notarized release from the employee, applicant or volunteer.

The Central Registry may release only the following information on true reports to the employer or agency:

* There is a true report on the employee, applicant or volunteer;

* The date the investigation was completed, and

* The type of true report.

PROCEDURE (II-D5) Information Disclosure on Pending Investigations

Information on pending investigations is confidential and may be disclosed only in accordance with the specific guidelines provided below.

Information on pending investigations shall be released upon request to:

* The Department of Health & Human Services;

* Law enforcement;

* The prosecuting attorney's office;

* Multidisciplinary Teams ;

* Any licensing or registering authority (only to the extent necessary to carry out the authority's official responsibilities);

* Individual federal and state senators, representatives, and their staff members, who agree not to allow any redisclosure of the information. (No disclosure may be made to any committee or legislative body.)

NOTE: THE DISCLOSED INFORMATION SHALL BE MAINTAINED AS CONFIDENTIAL.

Information on pending investigations may be released to, or disclosed in, a circuit court, custody case or similar case if:

* No seventy-two (72) hour hold has been exercised under the Child Maltreatment Act § 12-12-501, or pleadings filed pursuant to the Arkansas Juvenile Code of 1989 § 9-27-301, et seq.;

* Written notice of intent to request to release, or disclose, is provided to the investigating agency at least five (5) days before the date for release or disclosure;

* The investigating agency has the opportunity to appear before the court and be heard on the issue of release or disclosure;

* The information gathered thus far by the investigative agency is necessary for the determination of an issue before the court;

* Waiting until the completion of the investigation will jeopardize the health or safety of the child in the custody case;

* A protective order is issued to prevent redisclosure of the information provided by the investigating agency, or the information is only released or disclosed to the court in camera; and

* Release or disclosure of the information will not compromise a criminal investigation.

Information on pending investigations may be released or disclosed in the Juvenile Division of the Circuit Court if the victim or offender has an open dependency-neglect or Family In Need of Services (FINS) case before the Juvenile Division of the Circuit Court in the following circumstances:

* A petition for dependency-neglect has been filed and the pending investigation is the basis in whole, or in part, for the petition of dependency neglect;

* The Department identifies the pending investigation in a court report that is provided to all of the parties before the hearing; or

* A party provides written notice of intent to request release or disclosure to all other parties in the matter and to the investigating agency at least five (5) days before the date for release or disclosure.

The Juvenile Division of the Circuit Court shall order release or disclosure only after;

* Providing all parties and the investigating agency, if not a party, the opportunity to appear before the court and be heard on the issue;

* Determining that the information gathered thus far by the investigative agency is necessary for the determination of an issue before the court;

* Determining that waiting until the completion of the investigation will jeopardize the health and safety of the child in the dependency-neglect, or family in need of services, case;

* Entering a protective order to prevent redisclosure of the information provided by the investigative agency, or limiting the release or disclosure of the information to only the court in camera; and

* Determining that releasing or disclosing the information will not compromise a criminal investigation.

Nothing in the law limits discovery by a party if a petition for dependency-neglect has been filed, but not yet adjudicated.

POLICY (II-E): COUNTY OFFICE ASSESSMENT OF CHILD MALTREATMENT REPORTS

The Arkansas State Police Crimes Against Children Division (CACD) has the responsibility to assess most Priority I allegations of child maltreatment. DCFS is responsible for ensuring the health and safety of the children even if the primary responsibility for the investigation belongs to CACD. DCFS will assess all situations of voluntary delivery of a child, as well as many Priority II and the following Priority I cases:

* Abandonment

* Failure to protect

* Medical neglect of disabled infants

* Failure to thrive

Malnutrition

Underaged Juvenile Aggressor

Threat of Harm

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, DCFS staff in the county office shall seek to ascertain the existence, cause, nature and extent of child maltreatment, the existence and extent of previous injuries, and the names and conditions of other children in the home. The assessment also seeks to ascertain the identity of the person responsible for the maltreatment, the relationship of the children with the parents or caretakers and their circumstances, the child's environment and all other pertinent data. The assessment shall begin within the time frame prescribed by law.

If the alleged offender is not a family member nor lives in the home of the alleged victim, the investigation shall seek to ascertain the existence, cause, nature and extent of child maltreatment, the identity of the person responsible for the maltreatment, and the existence and extent of previous maltreatment perpetrated by the alleged offender. If the 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 assessment 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 investigation shall also seek to ascertain all other pertinent and relevant data.

The Division will ensure reasonable efforts are made to preserve the family and to prevent the need to remove the child from the home; with the health and safety of the child being of paramount concern. Reasonable efforts to reunify the family shall not be required in all cases. See Policy VI-A for exceptions.

The Family Service Worker conducting the child maltreatment investigation shall have the right to enter into the home, school, or other place for the purpose of conducting an interview or completing the assessment. No publicly supported school, facility, or institution may deny access to any person conducting a child maltreatment investigation. The Department, 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. The worker 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 worker 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.

This fact-finding phase of the child maltreatment investigation allows the Family Service Worker to determine:

* If services are necessary to assist the family and allow the child to remain safely at home,

* If separation of the child from the family is necessary to protect the health and safety of the child, and

* Whether there is a preponderance of the evidence (see glossary) to support the report.

In cases where domestic abuse is involved (see glossary for definition of domestic abuse) 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. If a minor child's safety is a concern and the parent does not file an order of protection, the Family Service Worker should contact OCC to determine appropriate legal action. (One legal option is to petition the court for an order of less than custody.) The worker should thoroughly review the Health and Safety Assessment and the Risk Assessment and ensure that a safety plan is in place for a child before leaving a child in a home when an order for protection is 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. DCFS will fully cooperate and participate in multi-disciplinary child maltreatment response teams. All information except the name of the reporter may be disclosed to the teams.

PROCEDURE (II-E1): County Office Response to the Child Abuse Hotline For Those Assessments That Remain The Responsibility Of The Department

The County Supervisoror designee will:

* Assign the report to a Family Service Worker(s) or a Unit Group who will conduct the assessment when a report is received in the CHRIS county in-box.

* Make entries on the "Inv. Notes" as the assessment is conducted.

* Consult with and advise the Family Service Worker as the assessment is conducted. The Family Service Workerwill:

* Begin Child Maltreatment Assessment immediately but no later than 24 hours after receipt of report by the Hotline, if severe maltreatment (Priority I)is indicated.

* Begin all other Child Maltreatment Assessments within 72 hours of the report (Priority II reports).

* Make immediate telephone notification to the Prosecuting Attorney and law enforcement on Priority I reports, unless the prosecuting attorney has provided written notice to the Department, that the Department need not send notification of the initial maltreatment report to the prosecuting attorney's office.

* Consider the assessment initiated by interviewing or observing, when appropriate, the victim child outside the presence of the alleged offender. If the worker is unable to interview or examine the child, the assessment will be considered initiated after the Family Service Worker has made and documented all reasonable diligence to obtain an interview or examination.

Examples of reasonable diligence should include all of the following actions:

* Making an unannounced visit to the child's home at least three times at different times of the day or on different days in an attempt to interview the child.

* Contacting the reporter again if the reporter is known, if attempts to locate the child have failed.

* Visiting the child's school or day care or all other places where the child is said to be located.

* Sending a certified letter to the location given by the reporter, if attempts to locate the child have failed.

* Contacting appropriate local Division of County Operations staff and requesting research of the ACES and ANSWER systems and other files to ascertain another address, if attempts to locate the child have failed.

After all these efforts have been made, the worker shall submit the record to the supervisor for approval of reasonable diligence to locate and interview the child.

* Complete, print, and route the "Notice of Child Maltreatment Allegation" (CFS-310) to the Prosecuting Attorney and law enforcement, as appropriate, and the Attorney Ad-litem, parents and the alleged offender on Priority I and Priority II reports then document this action on the "Document Tracking" screen of CHRIS. If the alleged maltreatment concerns a foster child see Procedure VII-C1.

* Begin keying "Child Maltreatment Assessment" into the "Investigation" section of CHRIS.

* Send a confirmation letter, "Referral for Investigation" (CFS-321), to law enforcement when law enforcement accepts responsibility for investigating the report. Key "Document Tracking" screen in CHRIS.

PROCEDURE (II-E2): Child Maltreatment Report Assessment Interviews

The Family Service Workerwill:

* Observe, if not age appropriate for interview, or interview all children outside the presence of the alleged offender or the offender's attorney. (Exceptions must be approved by a supervisor. See NOTE below.)

NOTE:In conducting investigations where the offender is out of the home, it is not necessary to interview siblings of victims in these cases, unless they may have collateral information or have been within the access of the offender. Children residing in the home of the offender must be interviewed.

* Physically inspect children as appropriate.

* Complete "Physical Documentation--Body Diagram" (CFS-327a) when applicable.

* Photograph visible injuries; label and date photos.

* Interview the custodial and non-custodial parent of the victim child, and inform them of DCFS responsibility to assess.

* Exercise reasonable diligence in locating the non-custodial parent of the victim child. Examples of reasonable diligence include, but are not limited to, seeking information from relatives or using information from the victim child's birth certificate to identify and locate the non-custodial parent.

* Document all efforts at reasonable diligence, if unable to locate the non-custodial parent to ensure completion of the investigation within 30 days.

* Conduct a separate interview with the victim.

* Give the family "Child Protective Services: A Caretaker's Guide" (PUB-052) during the first contact and explain, as appropriate, to help the family understand its contents.

* Interview alleged offender. Give PUB-052 and discuss contents then document on the "Document Tracking" screen in CHRIS.

* Make a home visit to assess the environment where the child resides and determine the names and conditions of other children in the home.

* Check with collateral sources, as appropriate, including teachers, neighbors, witnesses and the person making the report.

* Contact the DHHS attorney to petition the court for an ex parte order of investigation to allow access if the parents, caretakers, or others deny access to any place where the child may be.

* Coordinate the conducting of interviews when primary (where the child resides) and secondary counties are involved.

* Reinitiate the investigation in the second county within 24-72 hours, according to the Child Maltreatment Assessment Protocol (PUB-357) when an investigation is transferred from one county to another and the victim or any other children believed to reside in the home where the report originated have not been seen.

If any parties required to be interviewed (parents, children, victim child, or alleged perpetrator) cannot be located or is unable to communicate, the FSW will, after exercising reasonable diligence, document efforts to locate or communicate with required parties and proceed with the child maltreatment assessment.

The Primary County Supervisorwill:

* Take the lead in coordinating the interview process when multiple counties are involved, and

* Ensure that counties communicate and complete the investigation within 30 days.

PROCEDURE (II-E3): Health and Safety Assessment

The Health and Safety Assessment (CFS-6025) will be completed in conjunction with the child maltreatment assessment, and is designed:

* To identify factors in the home which affect the child's immediate safety.

* To guide the Family Service Worker in determining whether or not to leave the child in the home.

* For use 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.

* To assess the child's health and safety at placement changes.

Information to complete the Health and Safety Assessment Checklist (CFS-6025) will be gathered during the child maltreatment interviews.

The Family Service Workerwill:

* Complete the "Health and Safety Checklist" screen in CHRIS.

* Complete the Health and Safety Assessment for each child in the family. Children ages 0-6, developmentally disabled or those repeatedly victimized shall be considered especially vulnerable.

* Identify the presence or absence of any safety factors by checking "yes" or "no", respectively, on the "Health and Safety Checklist" screen (CFS-6025).

* Provide narrative documentation on the "Health and Safety Checklist" for each safety factor identified.

* Complete the "Safety Response" screen (CFS-6027) if any safety factors have been identified. Documentation of the safety response should match the safety issue.

* Protecting interventions may be necessary before completion of the assessment.

* Document protecting interventions considered or acted upon, for all safety factors with a "yes" response, in the "Safety Response" screen. A protecting intervention service is any action taken by the FSW to ensure a child's health and safety. Documentation describing the actual use or consideration of using protecting interventions establishes reasonable efforts to prevent removal of the child from the home.

* Make a Safety Decision based on the presence or absence of factors, and the protecting interventions used, if a safety factor was identified. The Safety Decision on the "Safety Response" screen will be:

* "Safe"- There are no children likely to be in immediate danger of serious harm. (Note - This is the default decision on the Safety Response screen when all statements on the Health and Safety Checklist screen are selected "No", therefore, the FSW will not have to complete the Safety Response screen).

* "Conditionally Safe" - Protecting Safety Interventions have been received, and those interventions have resolved the unsafe situation for the present time. (Note - After completing the Safety Response, this selection will be available).

* Documentation of follow-up services must be provided.

* The Supervisor must approve if no follow-up services are needed.

* "Unsafe" -.Removal is the only protecting intervention for the child(ren). Without it, the child(ren) is likely to be in danger of immediate or serious harm. (Note - After completing the Safety Response, this selection will be available).

* Seek supervisory approval if the report is unsubstantiated, but there is a "yes" on one of the Safety Assessment factors; and offer supportive services if appropriate. Supervisory approval will be obtained before completing all assessments.

* Make the appropriate child protecting decisions if the child's immediate safety is in danger.

* Identify the injury suffered by any child in the case, and check and document the appropriate section of the "Health and Safety Checklist" screen.

* Complete the Health and Safety Assessment within 30 days of the receipt of the child maltreatment report. The child maltreatment assessment cannot be closed until the Health and Safety Assessment is completed.

* The Family Service Worker will complete the "Safety Response" screen if the Crimes Against Children Division (CACD) is conducting the investigation.

The Crimes Against Children Division (CACD) will:

* Identify any safety factors that may contribute to immediate or threatened harm or re-injury to the child.

* Contact the Family Service Worker immediately if the child's immediate safety is in question.

* Coordinate case management with the FSW for completion of the "Safety Response" screen.

* Complete the "Health and Safety Assessment Checklist" screen in CHRIS within 30 days of the receipt of the child maltreatment report. The child maltreatment assessment cannot be closed until the Health and Safety Assessment is completed.

PROCEDURE (II-E4): Medical/Psychological Evaluation Required During Assessment

The Family Service Workerwill:

* Confer with the County Supervisor/Assessment Team Coordinator concerning a complete examination/evaluation by a mental health professional if a child has one of the following:

* Impairment of the intellectual, emotional or psychological development as evidenced by observable and substantial reduction in the child's ability to function within a normal range of performance and behavior.

* Suffered a substantial impairment in the ability to function as a result of a specific, non-accidental action or interaction committed by a parent or caretaker.

* Refer for a medical examination or consultation with a physician in the following cases unless the Area Manager allows an exception:

* burns, fractures or dislocations in children under three years of age;

* burns, fractures or dislocations in children of any age if unexplained or implausibly explained;

* burns, bruises, or fractures in non-ambulatory children;

* reasonable suspicion that vaginal or oral penetration has occurred;

* cases involving sexually transmitted diseases in prepubescent children;

* cases of malnutrition and failure to thrive;

* cases of serious medical neglect;

* cases of alleged head and abdominal injuries;

* reports in which the child has an observable injury, the caretaker admits responsibility for the injury and there is reason to believe that there are internal injuries or other injuries which have occurred in the past.

* Conduct a cursory physical examination of a child. If the child is under the age of five, conduct the exam with the assistance of the parent/caretaker.

NOTE: A cursory physical examination is the observation of a child's external, physical condition which may require that the child's clothing be removed or rearranged.

* Involve the parent, legal guardian or legal custodian of the child whenever possible, if during the protective assessment, a medical examination is needed to determine the existence of abuse or neglect.

* Verify that the parent, legal guardian or legal custodian has exhausted all other resources before requesting DHHS funds for payment.

* Consider the following in all cases in which a medical examination is required:

* The first choice is to have the child examined by the child's Primary Care Physician (PCP).

* The second choice is a pediatrician if the PCP is unavailable. The protective services worker must advise the pediatrician whether the PCP, although not physically available, is available by telephone for consultation.

* The third choice is to take the child to the emergency room of the nearest hospital.

The physical examination of children alleged to be sexually abused must be conducted by a physician or other medical personnel, not the Protective Service Worker.

PROCEDURE (II-E5): Other Child Maltreatment Assessment Actions

The Family Service Workerwill:

* Obtain X-rays, photographs, radiology procedures, medical records, other pertinent records, e.g., school records, or videos from mandated reporters.

* Ensure that all the information gathered during the investigation is contained within the DCFS file; whether or not the information supports the investigative determination.

* Make a child maltreatment investigative determination (true, unsubstantiated, exempted from finding or inactive) within thirty (30) days in conference with the supervisor. (See Procedure II-E6.)

* Key all screens in the "Investigate" section of CHRIS including screens listed under the "Interview" and "Client" sections. Skip screens only when the information for that screen is unavailable.

* Document the investigative determination on the "Investigation Findings" screen in CHRIS. Individual findings for each victim are also documented on the "Investigation Finding" screen. CHRIS will automatically populate the Overall Finding (true, unsubstantiated, exempted from finding due to religious exemption or exempted from finding underaged juvenile aggressor) based on the individual findings.

* Document any additional information deemed necessary pertaining to the investigation on the "Investigation Closure" screen, and request supervisory approval of the determination. The request for approval will automatically go to the worker's supervisor's box for approval.

* Complete and print "Report to Prosecuting Attorney" (CFS-6003) within thirty (30) days of the initial report of severe maltreatment (Priority I reports) and send to Prosecuting Attorney and law enforcement.

* Open a Protective Services case on all true reports of sexual abuse or exploitation unless a written exception is approved by the Area Manager.

* Open an appropriate service case or make referrals for all other true reports and for unsubstantiated reports if the family needs and agrees to services.

* Release all information as requested on true reports, except the name of the reporter, to multi-disciplinary teams.

The Family Service Worker Supervisorwill:

* Review the investigative determination and other pertinent screens in CHRIS.

* Approve the investigation closure on the "Investigation Closure" screen.

PROCEDURE (II-E6): Child Maltreatment Investigative Determination

A Child Maltreatment Investigation will be determined to be true, unsubstantiated, exempted from finding due to religious exemption, exempted from finding underaged juvenile aggressor, or inactive based on the criteria in the "Child Maltreatment Assessment Protocol" (PUB-357).

A Child Maltreatment Investigation will be determined TRUE in the event of:

* An admission of the fact of maltreatment by persons responsible;

* An adjudication of dependency-neglect;

* A determination of the existence of maltreatment by Division staff, based on a preponderance of the evidence;

* 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 assessment of the family for the purposes of determining appropriate service delivery;

* Any other medical or legal form of confirmation deemed valid by the Division.

A Child Maltreatment Investigation will be determined UNSUBSTANTIATEDin the event that:

* The allegation of child maltreatment is not supported by a preponderance of the evidence following an assessment by Division staff.

* The assessment 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.

A Child Maltreatment Investigation will be determined to be EXEMPTED FROM FINDING DUE TO RELIGIOUS EXEMPTIONin 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.

NOTE: A Family Service Worker will take a child, who is in immediate danger of severe maltreatment, into DHHS custody regardless of the beliefs of the parent(s). The religious exemption does not preclude the Family Service Worker's right and responsibility to take appropriate action, including petitions to the court, to obtain necessary medical services.

A Child Maltreatment Investigation will have an individual finding of EXEMPTED FROM FINDING (UNDERAGED JUVENILE AGGRESSOR)if there is an overall true finding of sexual abuse by a child under the age of ten (10) to another child.

* Select the "Alleged Juvenile Aggressor-Under Age Ten" in the Role in Referral Select box on the Abuse/Neglect Screen in Referral or Investigation in CHRIS.

* Select "Exempted From Finding (Underaged Juvenile Aggressor)" as the individual finding in the Investigation Findings screen in CHRIS.

* When "Exempted From Finding (Underaged Juvenile Aggressor)" appears in the individual finding, the overall finding for the investigation will be True.

Regardless of whether the child maltreatment investigation is conducted by DCFS, CACD or local law enforcement, the investigative determination shall be made within thirty (30) days.

A Child Maltreatment Investigation will be determined INACTIVEin the event that the investigation cannot be completed. A case may go into an inactive status if a family was located initially but later moved and may be located later; or, the investigation was started but enough information was not gathered to finish it, etc. Failure to complete the investigation within the required 30 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 (1) year, at which time it will be expunged

PROCEDURE (II-E7): Risk Assessment

The Risk Assessment (CFS-6026)is designed:

* To identify the factors and circumstances that indicate the child may be at risk of future abuse or neglect.

* To indicate the necessary level of involvement to assure the child's well being.

* As a structured decision-making tool in case planning. For example, the Risk Assessment may be used to assist the Family Service Worker in determining whether or not to open a case.

The Risk Assessment (CFS-6026) will be completed on all cases with a child maltreatment determination of "True", unless it is an out-of-home abuse case, in which case, a waiver may be granted at the supervisor's discretion. For example, if a child is abused in a day care center and is removed by the parents. The Risk Assessment may be used with the non-custodial parent, if services will be recommended or provided by the agency. (Note - The Risk Assessment can not be completed, if the Health and Safety Assessment has not been completed in CHRIS

Overrides to Risk Levels have been established to assist the Family Service Worker 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 unique circumstances warrant a higher risk level than assigned by the risk level chart.

The discretionary policy override options are listed below and require the supervisor to upgrade the risk level to Intensive at the initial assessment, regardless of the risk scale score.

* Sexual abuse cases where the perpetrator is likely to have access to the victim child.

* Cases with non-accidental physical injury to an infant.

* Serious non-accidental physical injury requiring hospital or medical treatment.

* Death (previous or current) of a sibling as a result of abuse or neglect. Policy overrides must be reassessed when the Case Plan is updated.

The Family Service Workerwill:

* Complete both the abuse and neglect scale of the "Risk Assessment" screen in CHRIS for all "True" child maltreatment findings; regardless of whether a case is subsequently opened or not.

* Consult with supervisor for an out-of-home abuse case with a "true" finding, (The supervisor will determine if the Risk Assessment must be completed or if a waiver is warranted. If the waiver is granted, it must be documented in the "Case Review" screen in CHRIS.)

* Establish the level of risk. Levels of risk are classified as intensive, high, moderate, and low. The higher the score, the higher the risk of future harm.

* Complete the Family Needs Assessment, according to Procedure V-AI, and provide necessary services.

* Make face-to-face contact with the family based on the established risk level.

Low family risk level:

* Visits to the child and family shall be no less than weekly.

* At a minimum, one face-to-face contact by the FSW per month, if a contact waiver is granted (see Policy V-B), and

* Open Protective Services case, if appropriate.

* Use Risk Assessment results to help develop case plan objectives and tasks.

* Conduct a staffing at 60 days of Protective Services case opening to assess if case should be closed. All staffings shall be held to comply with Procedure IV-B1.

Moderate family risk level:

* Visits to the child and family shall be no less than weekly.

* At a minimum, two face-to-face contacts by the FSW per month, if a contact waiver is granted (see Policy V-B), and

* Use Risk Assessment results to help develop case plan objectives and tasks.

* Conduct a staffing at 60 days of Protective Services case opening to assess if case should be closed. All staffings shall be held to comply with Procedure IV-B1.

High family risk level:

* Visits to the child and family shall be no less than weekly.

* Four face-to-face contacts by the FSW per month. (No contact waiver granted), and

* Use Risk Assessment results to help develop case plan objectives and tasks.

* Use results of the Risk Assessment to develop resources to address the family's needs if the child is placed out-of-home,

* Staff case with OCC and the Area Manager if there is no court involvement.

* Re-assess family for risk at a minimum of every six months.

Intensive family risk level:

* Visits to the child and family shall be no less than weekly.

* Four face-to-face contacts by the FSW per month. ( No contact waiver granted), and

* Staff case with OCC and the Area Manager if there is no court involvement.

* Use Risk Assessment results to help develop case plan objectives and tasks.

* Use the results of the Risk Assessment to develop resources to address the family's needs if the child is placed out-of-home.

* Re-assess family for risk at a minimum of every six months.

* Complete the Risk Assessment (CFS-6026) in CHRIS within 30 days of case opening and prior to case closure.

* Complete the Risk Assessment before there is a major change in the case plan, placement or any change in case circumstances.

* Complete the Risk Assessment in conjunction with the "Strengths and Needs Assessment" (CFS-6009) to provide necessary services to the family and child.

PROCEDURE (II-E8): Follow-up with Mandated and Other Reporters

The Family Service Workerwill:

* Complete, print and route "Follow-up with Child Maltreatment Reporter" (CFS-307) within ten (10) working days of determination.

* Complete, print and route "Child Maltreatment Determination Notification" (CFS-312A or B) within ten (10) working days after supervisor signs off on the "Report to Prosecuting Attorney" (CFS-6003). Send separate copies to the following people:

* The alleged offender.

* The victim child's custodial/non-custodial parent(s).

* The victim child if age ten (10) years or older.

* If the offender is a juvenile, the juvenile offender's parent(s).

* If the juvenile offender is in foster care, the juvenile offender's Attorney Ad Litem.

* The Public Defender, if one is appointed.

* The Juvenile Division of the Circuit Court if there is a true finding of sexual abuse perpetrated by a child under the jurisdiction of the court.

* Any appropriate licensing or registering authority.

* If the allegation is true, ensure the CFS-312A or B is delivered by either a process server or certified mail with restricted delivery. This applies to each separate recipient.

* Provide information to the following individuals regarding the investigative determination and the services that were offered or provided via the (CFS-307):

* The mandated reporter who provided the initial report of suspected child abuse.

* The school counselor where the maltreated child attends school.

* The people and agencies that provide services, upon their request.

* Complete, print and route "Notice to Local Education Agency (LEA) of Child Maltreatment" (CFS-311) if the determination is true on a school-aged child. Do not send the CFS-311 to the LEA on underaged juvenile aggressors exempted from a true finding. The notice to the school on all true reports of child maltreatment shall identify the name and relationship of the offender to the victim. DHHS shall also provide the local school counselor a report indicating all true reports on juveniles aged ten (10) or older named as offenders, and the services offered or provided by the Department to the juvenile. Information provided to LEA, on a true report, shall be treated as confidential and included as part of the child's permanent educational record. The information shall be treated in the same manner as educational records are treated under the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g.

* If the investigative determination is true and the victim or offender is in foster care, notification (via the CFS-312 A or B) of the determination shall be provided to:

* The Juvenile Division of the Circuit Court judge;

* The Juvenile Division court-appointed attorneys ad litem of the victim and offender;

* Court Appointed Special Advocates if appointed in an open dependency-neglect case; and

* The custodial/non-custodial parent(s) of the victim or offender who is in foster care.

PROCEDURE (II-E9): Situations Involving Non-Caretaker, Domestic Violence, Family Moving, Multi-County Assessments, and Unlicensed Baby-sitters

The County Supervisorwill:

* Inform the non-offending caretaker of the right to file a petition in accordance with the "Domestic Abuse Act," Ark. Code Ann. § 9-15-101 et seq. in Circuit Court to have the offender removed from the home.

* Notify other state or county Child Protective Services if the family moves before the assessment is complete.

* Notify Division of Child Care and Early Childhood Education if the alleged offender is an unlicensed baby-sitter who is keeping more than five children, including the baby-sitter's own pre-school children.

When more than one county assesses a report:

* The Family Service Worker of the primary county (where the child resides) will interview and complete the "Investigation" portion of CHRIS.

PROCEDURE (II-E10): Protective Custody of Child in Immediate Danger

The Family Service Workerwill:

* Take the child into Protective Custody for up to 72 hours if the circumstances of the child present an immediate danger of severe maltreatment. The child's health and safety will be of paramount concern.

A 72 hour hold can be exercised on any child who is dependent as defined by the Arkansas Juvenile Code of 1989, § 9-27-301 et. Seq. (See Glossary for definition of "Dependent".)

In cases where domestic abuse is involved (see glossary for definition of Domestic Abuse) 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. If a minor child's safety is a concern and the parent does not file an order of protection, the Family Service Worker should contact OCC to determine appropriate legal action. (One legal option is to petition the court for an order of less than custody.) The worker should thoroughly review the Health and Safety Assessment and Risk Assessment and ensure that a safety plan is in place for a child before leaving a child in a home when an order for protection is 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.

* Notify the OCC attorney immediately that Protective Custody was exercised and request an ex parte emergency order from the court.

* Make a determination whether to recommend to the court that reunification services should not be provided to reunite the child with his family (see Policy VI-A). If the court determines that reunification services shall not be provided, a permanency planning hearing will be held within thirty (30) days after the determination. It is not required that a permanency planning hearing be held as a prerequisite to the filing of a petition to terminate parental rights, or as a prerequisite to the court considering a petition to terminate parental rights.

* Determine whether the grandparents have the right to notice and an opportunity to be heard. In a child custody or dependency-neglect case, grandparents have this right if all the following conditions are present:

* The grandchild resided with the grandparent for at least 6 consecutive months prior to the child's first birthday or lived with the grandparent for at least one continuous year regardless of age;

* The grandparent was the primary financial caregiver during the time the child resided with the grandparent; and

* The continuous custody occurred within one year of the initiation of the custody proceeding.

Note: "Grandparent" does not mean a parent of a putative father of a child for the purpose of this determination.

* Provide the OCC attorney with the name and address of any grandparent who is entitled to notice based on the above conditions.

* Prepare an affidavit immediately and give it to the OCC attorney.

* Have the child thoroughly examined by a physician within 24 hours of removal. The Family Service Worker may consent for medical and dental services during Protective Custody.

* Place the child in an appropriate licensed or approved placement. Place a child in a Provisional Relative Foster Home if a relative is identified and it is in the best interest of the child. A child may be placed in the home of a relative on a provisional basis for up to six (6) months pending the relative's home being opened as a regular foster home. If the relative opts to have his or her home opened as a Provisional Foster Home, the relative shall not be paid a board payment until the relative meets all of the foster home requirements and is opened as a regular foster home. See Policy VI-A, Procedure VI-A1 "Out-Of-Home Placement Criteria", VI-J and VI-J1 Out-Of - Home Placement Non-Custody Relative Placement.

NOTE: The child is in the custody of the department, therefore, the child shall remain in an approved foster home or licensed shelter or facility, until the relative's home is opened as a provisional home. It is permissible for a child to be placed on a 72 hour hold in an approved Provisional Relative Foster Home.

* Conduct a review of the home that will include a visual inspection of the home, an expedited Central Registry Check, and expedited criminal and local background check and a vehicle safety check. All criminal background checks for Provisional Relative Foster Homes must be submitted to the DCFS Foster Care Unit by completing the CFS 342A (Foster Care Criminal Record Check). To receive expedited results the CFS-342A can be faxed to the Foster Care Unit, however, the fax must be accompanied by an email to the Foster Care Unit verifying that there is an original notarized copy of the CFS-342A in the possession of the Division. There is no fee for criminal

background checks for Provisional Relative Foster Homes. The CFS-474 "Provisional Foster Home Orientation Checklist" must be completed and signed when a child is placed in a Provisional: Relative Foster Family Home. When a child is placed in a provisional relative foster home for a 72 hour hold the family must acknowledge that they will not allow the alleged perpetrator access not supervised by the Division until the investigation is completed and will not allow any contact with the alleged offender that is not approved or authorized by the Division or the court after the investigation is completed (if found true).

The child(ren), if age appropriate, should also be interviewed about the placement with the relative to determine how the child feels about the placement.

* Non-relative placements, other than approved foster homes or residential care facilities, are not permissible until opened as a regular approved foster home or unless the court gives custody after a written home evaluation is completed. (See Procedure VI-A1 "Out-of-Home Placement Criteria" and Policy VII-A "Foster Parent Training, Approval and Re-evaluation.")

* Notify the Intake Officer of the Juvenile Division of Circuit Court.

* Complete and route "Protective Custody/Parental Notification" (CFS-323).

* Open an Out-of-Home Placement case.

* Return the child to the legal custodian if the emergency necessitating Protective Custody passes or if the judge does not grant custody to the Department. Protective Custody cannot be extended. Complete the "Expiration of Protective Custody/Parental Notification" (CFS-336) and provide to the parent. If the parent refuses to accept custody of the child, an emergency petition should be filed.

* Notify the OCC attorney immediately if the child returns home.

* Close the Out-of-Home Placement case.

* Determine whether to open a non-court involved Protective Services case or initiate a petition for dependency/neglect.

All hearings involving allegations and reports of child maltreatment, and all hearings involving cases of children in Out-of-Home placements shall be closed.

PROCEDURE (II-E11): Crimes Against Children Division (CACD) Investigations of Child Maltreatment Reports

The Arkansas State Police Crimes Against Children Division will conduct Child Maltreatment Investigations for the following:

* Any placement managed, approved or licensed by DHHS for the care of children including:

* Day care homes,

* DHHS foster homes,

* Residential facilities, and

* Pre-Adoptive homes.

* Allegations of maltreatment involving DHHS employees

* Allegations of child maltreatment in school settings

* Allegations of child maltreatment in placement resources

NOTE: In accordance with Act 758 of 2003, on request by the investigating agency, any school. day 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.

NOTE: In conducting investigations where the offender is out of the home, it is not necessary to interview siblings of victims in these cases, unless they may have collateral information or have been within the access of the offender. Children residing in the home of the offender must be interviewed.

* Child maltreatment allegations on the following Priority I reports:

* Abuse with a deadly weapon,

* Bone fractures,

* Brain damage/skull fracture,

* Burns, scalding,

* Cuts/bruises/welts if the victim is under age three (3) and the report comes from the medical community or law enforcement,

* Death,

* Failure to protect, only if it is the initial investigation of a new allegation that the offender failed to protect the child from sexual abuse,

* Immersion/suffocation,

* Indecent exposure,

* Permitting, encouraging, or forcing a child to watch pornography or live sexual performances,

* Internal injuries,

* Oral sex,

* Poison/ noxious substances,

* Sexual contact,

* Sexual exploitation,

* Sexual penetration, and

* Subdural Hematoma.

The Crimes Against Children Division will complete the Health and Safety Assessment (CFS-6025) in accordance with Procedure II-E3. The agreement between DHHS and the Arkansas State Police requires that the Crimes Against Children Division (CACD) must comply with all applicable state and federal laws.

PROCEDURE (II-E12): DCFS and Law Enforcement Interfaces and Responses

When a custodian is arrested and can no longer care for his/her child(ren), law enforcement often contacts DCFS, which usually places the child(ren) in a foster home or licensed facility. However, if the arrest is NOT related to child maltreatment, DCFS has alternative response options. Some situations and appropriate DCFS responses include the following:

* When law enforcement arrests a custodian on a CHILD MALTREATMENT RELATEDcharge, (e.g. driving drunk with the child) the Family Service Worker will:

* Take a 72-hour hold and place the child(ren) in a foster home or approved facility.

* Initiate a dependency-neglect action by completing the affidavit and notifying the Office of Chief Counsel (OCC).

* Determine if there is a non-custodial parent or other appropriate relative, who is NOT involved in the arrest and is willing and able to care of the child(ren). If so:

* Do an emergency home study and background check of the non-custodial parent or other relative, and

* Submit the written home study to the court with a recommendation that it give custody to that parent or other relative, if appropriate, based on the home study and background check.

* The child(ren) must remain in approved out-of-home care until the court grants custody to the non-custodial parent or relative.

* When law enforcement arrests a custodian for reasons NOT RELATED TO CHILD MALTREATMENT(e.g. writing bad checks) the Family Service Worker will:

* Determine if there is another custodian, who is willing and able to care for the child(ren).

* If there is a custodian with equal or joint custody, allow the child(ren) to remain with that custodial parent.

NOTE: A divorced custodian must show proof of equal or joint Custody.

* If there is no other custodian AND the child has been or is about to be placed with the custodial parent's approval with a non-custodial parent, relative or other person with whom the family has a relationship, the Family Service Worker will:

* Allow placement to be made or to continue, only with the parent's approval and ONLY if there is no reason to believe that the placement is inappropriate.

NOTE: If there is any reason to believe that the placement may be inappropriate, the FSW will take custody and place the child(ren) in an approved foster home or licensed facility.

Follow-up within 72 business hours by doing a:

* Criminal background check

* Central Registry check

* Individual interviews with each child and

* A visual inspection of the home

PROCEDURE (II-E13): Child Residency Following Alleged Child Maltreatment

At the beginning of every DCFS child maltreatment investigation and in investigations in which CACD has identified a health or safety problem, the FSW will conduct a complete Health and Safety Assessment, to include the Health and Safety Checklist (CFS-6025), to determine whether or not the child(ren) is safe remaining in the family residence. (Refer to Procedure (II-E3).

* If it is determined that the child's health or safety is at RISK, the following options are available:

* DCFS takes custody and places the child(ren) in an approved foster home or licensed facility.

* The child(ren) may remain in the residence with a non-offending custodian if:

* The alleged offender is legally restricted from contact with the child(ren) by:

* An "Order of Less Than Custody" (see Glossary) obtained by DCFS, or

* A "Restraining Order of Protection" obtained by the non-offending custodian.

NOTE: The order must be served on the alleged offender before the child will be allowed to remain in the residence.

* AND there is no reason to suspect that the non-offending custodian will allow the alleged offender access to the child(ren).

* The non-offending custodian and child(ren) may enter a shelter or other setting (e.g. grandparents) to which the alleged offender has no access if there is no reason to suspect that the non-offending custodian will allow the alleged offender access to the child(ren).

* If it is determined that the child's health and safety are NOT at risk, the following options are available:

* The child(ren) may remain in the family residence, OR

* The child(ren) may be placed with another caretaker of the non-offending custodian's choosing.

POLICY (II-F): MEDICAL NEGLECT OF A DISABLED INFANT

The Division of Children and Family Services shall maintain sufficient contact with health care facilities to facilitate communication between those facilities and the Division in order to enable the health care facilities to report suspected medical neglect of a disabled infant.

PROCEDURE (II-F1): Medical Neglect of a Disabled Infant

The Family Service Workerwill:

* Make telephone inquiry to the health care facility immediately upon receipt of an allegation of suspected medical neglect of a disabled infant to determine if:

* the infant has a life threatening condition,

* the parents have refused to consent to treatment,

* the treating physician recommended treatment, and

* the facility's infant care review committee has analyzed the child's health and family circumstances.

* Contact the Child Protective Services Field Assistance Unit immediately to arrange an assessment by the contracted physician.

* Contact OCC if a parent will not sign a release to allow DCFS to examine medical records or obtain an independent medical examination of the infant.

POLICY (II-G) RETENTION OF ASSESSMENT FILES

Central Registry will indefinitely retain all child maltreatment assessment files (true and unsubstantiated) included in the automated data system. DCFS county offices and the Crimes Against Children Division are to retain a hard copy of all true child maltreatment reports. The Department is permitted to keep information on unsubstantiated reports in its automated casework files for the purpose of ascertaining future risk and safety. Hard copy records of unsubstantiated reports are not part of Central Registry. They will be destroyed by the investigating agency at the end of the month in which the determination is made.

Information from unsubstantiated reports may not be disseminated outside of the Department, except for release to the prosecutor, to a subject of a report or to the court if the information in the record is necessary for a determination of an issue before the court. Screened out reports of child maltreatment will be treated as if they are unsubstantiated and will not be released to anyone external to DCFS.

PROCEDURE (II-G1): Retention of Assessment Files

The County Supervisor or Team Coordinator will:

* Ensure that all assessments with a true disposition will be securely stored in the county office.

* Verify and respond to all valid requests for information from a Prosecuting Attorney who is prosecuting a case of malicious reporting.

POLICY (II-H) COMMUNITY NOTIFICATION OF SEX OFFENDERS

Upon notification to DCFS by law enforcement of the presence of a sex offender, the Division is responsible to notify foster parents and families on whom the Division has active cases, if an offender moves into their neighborhood.

No child may be home schooled if any person residing in the home with the child is required to register as a sex offender. Upon petition to the sentencing court from the child's parent or guardian, the sentencing court may enter a written order specifically waiving this restriction. This restriction shall not apply if the child to be home schooled is the person registered as the offender.

PROCEDURE (II-H1): Notification of Sex Offenders

Upon notification, the Family Service Worker will:

* Notify foster parents or families on whom we have active cases that an offender has moved into their neighborhood.

* Document in the case record that notification has been provided either by giving the foster parent or family on whom we have an active case a copy of the flyer provided by law enforcement, or by verbally providing the information contained in the flyer that an offender has moved into their neighborhood.

* Make a report to the Child Abuse Hotline of substantial possibility of severe maltreatment if it is alleged that the offender is living in the home with children or otherwise being allowed unsupervised access. In such instances, confirmation must be obtained from law enforcement that this person is indeed a registered sexual offender against children before the report will be considered valid.

Lack of supervision reports will not be handled any differently due to the presence of an offender in the neighborhood.

* File a twenty (20) day petition to bring the matter to the attention of the court if it is confirmed that the offender is living in a home with children or otherwise has unsupervised access to them, unless the parent agrees to steps outlined by DCFS to protect the children, regardless of whether a disclosure of sexual abuse is obtained. Some examples of steps outlined to protect the children would be to remove the children from the home, request that the offender leave the home or cease allowing the sexual offender access to the children.

* Notify the offender's probation or parole officer that the offender is living in a home with children or has unsupervised access to them.

* Document in court-ordered and Interstate Compact home studies, the presence of a sex offender in the neighborhood, along with a statement that the family is aware of the offender's presence and is fully informed regarding any possible risks to children in the community.

POLICY(II-I): FAMILY IN NEED OF SERVICES (FINS)

A.C.A. § 9-27-303 defines "Family In Need of Services" (FINS) as any family whose juvenile evidences behavior which includes, but is not limited to, the following:

* Being habitually and without justification absent from school while subject to compulsory school attendance;

* Being habitually disobedient to the reasonable and lawful commands of his parent, guardian, or custodian; or

* Having absented himself from the juvenile's home without sufficient cause, permission, or justification.

Family services are provided in order to:

* Prevent a juvenile from being removed from a parent, guardian, or custodian;

* Reunite the juvenile with the parent, guardian, or custodian from whom the juvenile has been removed; or

* Implement a permanent plan or adoption, guardianship, or rehabilitation of the juvenile.

Family Services Provided to a Juvenile or the Family

Services should be designed to address the issues that resulted in the FINS case and may include, but are not limited to:

* Child Care

* Homemaker services

* Crisis counseling

* Cash assistance

* Transportation

* Family therapy

* Physical, psychiatric, or psychological evaluation

* Counseling

* Treatment.

Disposition-Family in Need of Services

(1) Order family services:

* To rehabilitate the juvenile and his or her family. If the Department of Health & Human Services is the provider for family services, the family services shall be limited to those services available by the Department's community-based providers or contractors, excluding the contractors with the Division of Children and Family Services of the Department of Health & Human Services, and Department services for which the family applies and is determined eligible; and

* To prevent removal when the Department is the provider for family services, the court shall make written findings outlining how each service is intended to prevent removal.

(2) If it is in the best interest of the juvenile and because of acts or omissions by the parent, guardian or custodian, removal is necessary to protect the juvenile's health and safety, transfer custody to the Department. (This action may serve to reduce the number of foster care entries based solely of juveniles who are truant when acts or omissions of their parents is not a factor.)

At least five (5) working days prior to ordering DHHS, excluding community-based providers, to provide or pay for family services, the court shall fax a written notice of intent to the Director of the Department of Health & Human Services and to the attorney of the local Office of Chief Counsel of the Department of Health & Human Services.

The court shall not specify a particular provider for placement or family services, when DHHS is the payor or provider. In all cases in which family services are ordered, the court shall determine the parent's, guardian's, or custodian's ability to pay, in whole or in part, for these services. This determination and the evidence supporting it shall be made in writing in the court order ordering family services. If the court determines that the parent, guardian, or custodian is able to pay, in whole or part, for the services, the court shall enter a written order setting forth the amounts the parent, guardian, or custodian can pay for the family services ordered and ordering the parent, guardian, or custodian to pay the amount periodically to the provider from whom family services are received.

DCFS can ONLY be ordered to provide family services in a FINS case when the court finds that services are needed to prevent removal of the child from the home because of child maltreatment. The juvenile code grants the court the power to order family services without specifying the type of service, i.e., protective services or supportive services. The court will issue an order for family services, and DCFS is to provide those services. If there is not a finding of child maltreatment on the family, and the court determines that the family needs preventative services due to a risk of child maltreatment, open a supportive services case. If there is a true finding of child maltreatment open a protective services case.

Removal of Juvenile

Before a juvenile court may order any dependent-neglected juvenile or FINS juvenile removed from the custody of his or her parent, guardian, or custodian and placed with the Department of Health & Human Services or other licensed agency responsible for the care of juveniles or with a relative or other individual, the court shall order family services appropriate to prevent removal, unless the health and safety of the juvenile warrant immediate removal for the protection of the juvenile.

When the court orders a dependent-neglected or FINS juvenile removed from the custody of a parent, guardian, or custodian and placed in the custody of the Department or other licensed agency responsible for the care of juveniles or with a relative or other individual, the court shall make these specific findings in the order:

In the initial order of removal, the court must find:

* Whether it is contrary to the welfare of the juvenile to remain at home;

* Whether the removal of the juvenile is necessary to protect the health and safety of the juvenile, and the reasons for the removal; and

* Whether the removal is in the best interest of the juvenile. Within sixty (60) days of removal, the court must find:

* Which family services were made available to the family before the removal of the juvenile;

* What efforts were made to provide those family services relevant to the needs of the family before the removal of the juvenile, taking into consideration whether or not the juvenile could safely remain at home while family services were provided;

* Why efforts made to provide the family services described did not prevent the removal of the juvenile; and

* Whether efforts made to prevent the removal of the juvenile were reasonable, based upon the needs of the family and the juvenile.

Where the state agency's first contact with the family has occurred during an emergency in which the juvenile could not safely remain at home, even with reasonable services being provided, DCFS shall be deemed to have made reasonable efforts to prevent or eliminate the need for removal.

Where the court finds the Department's preventive or reunification efforts have not been reasonable, but further preventive or reunification efforts could not permit the juvenile to remain safely at home, the court may authorize or continue the removal of the juvenile but shall note the failure by the Department in the record of the case.

In all instances of removal of a juvenile from the home of his parent, guardian, or custodian by a court, the court shall set forth in a written order:

* The evidence supporting the decision to remove;

* The facts regarding the need for removal; and

* The findings as mentioned above.

The written findings and order shall be filed by the court or by a party or party's attorney as designated by the court within thirty (30) days of the date of the hearing at which removal is ordered or prior to the next hearing, whichever is sooner.

The court may provide that any violation of its orders shall subject the parent, both parents, the juvenile, custodian or guardian to contempt sanctions.

Custody of a juvenile shall not be transferred to the Department when a delinquency petition or case is converted to a FINS petition or case.

PROCEDURE (II-I-1): Family in Need of Services

The Family Services Workerwill:

* Be assigned to a FINS case by the County Supervisor. OCC will fax the County Supervisor the written notice of intent from the court. The court must fax written notice of intent five (5) working days prior to ordering the Department of Health & Human Services, excluding community-based providers, to provide or pay for family services.

* Determine the appropriate case that should be opened to provide services.

* Open the appropriate case for service (see Policy III-A Services Case Opening and Re-evaluation).

* Make a request for OCC to file a 20-day petition if the family is resistant.

1. Refer to Attachment 3, (Rapid Drug Screen Quick Reference Guide) and

2. Put the client's purse/pouch and jacket away. Also, ALLof the client's pockets will be emptied. The tester will observe, but not touch, each the client's pockets to ensure that they are empty. The ONLYitem the client may take into the restroom stall is the collection container.

3. Escort the client to the restroom. Directly observe the clients wash their hands withoutsoap.

4. Give the client only the collection container. The client must nothave access to the test Reader. Instruct the client to fill the cup to the marked line. The tester will observe the client enter the restroom stall, close the stall door to give privacy to the person being tested and remain immediately outside the stall. The tester will not directly observe the client in the process of urination.

5. If the client has difficulty giving a specimen, have the client drink at least 8 - 10 ounces of water and wait up to two (2) hours for the client to give a urine specimen. Do not attempt to do the drug test if a minimum of three (3) hours are not left in the workday.

6. Under normal circumstances, limit the entire testing process to not exceed thirty (30) minutes. (If the client has difficulty giving a specimen, refer to instruction 5. above or reschedule the drug test.)

7. After the cup has been returned to the tester, visually examine the specimen. Suspicion of adulteration and/or dilution should be verified by use of the appropriate test.

8. Air dry the specimen test strip, initial it, make photocopy, and insert the test strip into the Reader.

9. Complete Attachment 5, (Results of Controlled Substance Test) and sign the form. Also, have the client sign the form. Document the result of the test on Attachment 5(Results of Controlled Substance Test), and Attachment 6, (DCFS Drug Screening Log). If the specimen test results are positive and the client challenges the result, offer to retest.

The drug screening test kits used in the county offices are highly accurate.

DCFS will only pay for three (3) client challenges by any one client. If the client persists in challenging the results beyond the third test, advise the client that he/she will have to bear the cost of any additional tests.

If the test results are challenged 3 times, send one challenged specimen to the lab with the completed Chain of Custody form. (See instruction 14. below for additional information.) The court can order each screen to be verified.

Challenges do NOThave to be in consecutive order.

10. If the result of the client's drug test is positive for controlled substances and is challenged by the client, prepare the urine specimen for laboratory testing.

* Notify the Office of Program Support, Program Coordinator, that the collection will be sent for further testing, by faxing a copy of the Chain of Custodyto 501-683-2610, priorto the urine specimen being sent to the lab.

* Check for leakage of the collection device prior to mailing/sending the specimen for confirmation testing; and

* Use the supplied mailer envelopes to send the challenged, positive, urine specimens to:

Scientific Testing Laboratories 463 Southlake Boulevard Richmond, VA 23236

* If you need to contact the lab, use phone number: 1-800-977 -9130

11. If the client does not challenge the results of the test, return the specimen cup to the client afterthe specimen has been tested and the results documented. The client will dispose of the contents in the toilet or urinal, flush, and discard the container in the designated trash container.

12. Give the client a copy of the completed Attachment 5, (Results of Controlled Substance Test) with the results documented.

13. Send the DCFS worker a copy of the completed Attachment 5, (Results of Controlled Substance Test) with the results documented within 24 hours.

14. If contested, documentation of the chain of custody of urine specimens taken from test subjects shall be verified by affidavit of one (1) person witnessing the procedure or extraction, packaging, and mailing of the samples and by one (1) person signing for the samples at the location where the samples are subject to the testing procedure.

Submission of the affidavits, along with the submission of the test results, shall be competent evidence to establish the chain of custody of those urine specimens.

* For a court ordered test, a written report of the test results may be prepared by the person conducting the test, or by a person under whose supervision or direction the test and analysis have been performed.

* This report must be certified by an affidavit subscribed and sworn to before a notary public.

* This report may be introduced in evidence without calling the person as a witness, unless a motion challenging the test procedures or results has been filed within thirty- (30) days before the hearing and bond is posted in an amount sufficient to cover the costs of the person's appearance to testify.

* Whenever a court orders scientific testing for drug or alcohol abuse and one (1) of the parties refuses to submit to the testing, that refusal shall be disclosed to the court.

The Tester in each county office will:

* Maintain an adequate supply of testing materials, to include copies of all attachments identified in Procedure (III-C1). The supplies will be kept in the county office. Additional copies of attachments may be obtained by contacting the Program Support Office Coordinator, at phone number 501-682-8439.

* Monitor closely the specimen collection supplies. The supplies on hand should never fall below 15 kits. The expiration date should be clearly marked on each drug screening kit. Kits past their expiration dates will NOTbe used. Notification of needed supplies and supply questions will be addressed to the Office of Program Support, Program Coordinator, 501-682-8439.

* Use new supplies only after current supplies are depleted. Contact the Program Coordinator if the county has several kits nearing expiration. Under no circumstances shall a kit be used past its expiration date.

* Store the drug-screening kits at room temperature.

* Maintain and have a DCFS Drug Screening Log (Attachment 6)and Reader available for inspection at all times.

* Address questions regarding equipment to American BioMedica Corporation at phone number 1-913-667 -3930.

* Address questions pertaining to Chain of Custody Challenged test to the Program Support Office, Coordinator at phone number 501-682-8439.

(A) Service programs designed to help children, where appropriate, return to families from which they have been removed; be placed for adoption; be placed with a legal guardian; and if adoption or legal guardianship is determined not to be safe and appropriate for a child, in some other planned, permanent living arrangement.

(B) Pre-placement preventive services programs, such as intensive family preservation programs, designed to help children at risk of foster care placement remain safely with their families.

(C) Service programs designed to provide follow-up care to families to whom a child has been returned after a foster care placement.

(D) Respite care of children to provide temporary relief for parents and other caregivers, including foster parents.

(E) Services designed to improve parenting skills by reinforcing parents' confidence in their strengths, and helping them to identify where improvement is needed and to obtain assistance in improving those skills with respect to matters such as child development, family budgeting, coping with stress and health and nutrition.

(1) Increase the strength and stability of families (including adoptive, foster and extended families).

(2) Increase parents' confidence and competence in their parenting abilities.

(3) Afford children a stable and supportive family environment, and otherwise to enhance child development. Services include: respite care, early developmental screening of children, mentoring, tutoring, health education for youth, parenting skills, counseling, home visiting activities, and a range of center-based activities.

1) Trust Accounts - if available and ample for purchase. Fill out the "Foster Care Authorization for Billing" (CFS-334) for amount of purchase and submit to finance.

2) Process - Purchase Order using the DHHS-1914 (DHHS Requisition). Follow guidelines in the Purchase Order manual.

3) Local Cash Account. Follow guidelines in PUB-384 (Local Cash Account Guidelines).

POLICY (V-D): DAY CARE FOR CHILDREN

Day Care for Children may be provided as a purchased service for those families needing child care as a part of a Protective Services, Out-of-Home-Placement Services or Supportive Services Cases. Day Care may also be purchased due to the employment, training, or educational needs of the parents or caretaker based on eligibility. The goal is to strengthen family functioning and/or to promote self-sufficiency. The Division of Child Care and Early Childhood Education (DCC) is responsible for processing and issuing payment authorization for day care services.

PROCEDURE (V-D1): Day Care for Children

For Protective Services, Out-of-Home Placement Services or Supportive Services cases, the Family Service Workerwill initiate the following:

* Complete the "Request for Day Care Services" (DCC-537) prior to the date services are to begin. Services are to be authorized for a maximum of three months. Copies of the DCC-537 can be obtained from the County Supervisor or by contacting the Division of Child Care and Early Childhood Education.

* Make verbal requests to the County Supervisor for approval in an emergency, followed by a completed DCC-537within five (5) working days.

* Locate a provider on the list available through the DCC Family Support Unit.

* Request that the provider complete the bottom section of the DCC-537 indicating that they have space for the child, the daily rates, and other licensing information.

* Obtain approval and signature of the DCFS County Supervisor and fax ( 501-682-2317) to the DCC Family Support Unit.

* Initiate renewals no later than the first day of the last month of the eligibility period.

* Notify DCC Family Support Unit and the day care center if the child is no longer attending. The County Supervisorwill:

* Maintain a log of obligated funds for both Out-of-Home Placement and Protective Services (Authorization/Voucher System). DCC maintains and monitors Supportive Services Daycare funds.

* Approve Out-of-Home Placement and Protective Services Day Care requests within the County's allocation for day care.

* Contact the Area Manager to determine if additional funds are available in the event the county's allocation is depleted.

The DCC Family Support Unitwill:

* Process and issue payment authorization.

* Provide the county with a copy of each authorization which documents obligations against the county funds.

POLICY (V-E): INTENSIVE FAMILY SERVICES

The Division seeks to ensure the health and safety of children and to preserve families through the provision of Intensive Family Services (IFS). The goals are either to prevent unnecessary out-of-home placements of children or to promote reunification of families with children in Out-of-Home Placement. Intensive Family Services is a mix of counseling and support services aimed at ensuring the safety of all family members while helping the family learn how to stay together successfully. Intensive Family Services may be provided by Division staff or by contractors.

PROCEDURE (V-E1): Screening

Prior to referral, the Family Service Workerwill for new cases:

* Open a services case by completing mandatory fields on the "Summary" screen (Summary button on the "Workload" focus toolbar). In the "Client" section, complete the "Gen. Info" and "Relations" screens; and in the "Finance" section, complete the "Eligibility" and "Income" screens based on the information gathered for Assessment found in the "Case Plan" section of CHRIS.

* Complete the "Strength and Needs Assessment" (CFS-6009) by keying the "Assessment" portion of the "Case Plan" section of CHRIS. Indicate whether IFS is considered to be an appropriate service.

* Complete a case staffing and "Case Plan" (CFS-6010) by keying the "Treatment" portion of the "Case Plan" section of CHRIS. Indicate whether IFS is considered to be an appropriate service.

* Refer the family to the County Supervisor for a final determination of referral need. Prior to referral, the Family Service Workerwill for existing cases:

* Update the CFS-6009 and the CFS-6010. Indicate whether IFS is considered to be an appropriate service.

* Refer the family to the County Supervisor for a final determination of referral need. The County Supervisorwill:

* Determine if the family's children are at imminent risk of Out-of Home Placement or the family's children have recently experienced an Out-of-Home Placement and reunification is planned.

* Decide if the family is appropriate for a referral for IFS.

PROCEDURE (V-E2): Referral

The Family Service Workerwill:

* Refer families to the IFS Practitioner on the "Intensive Family Services Referral Form" (CFS-345).

* Accompany the IFS Practitioner to a joint introductory session with the family.

* Provide the IFS Practitioner with a copy of the completed "Strengths and Needs Assessment" (CFS-6009) and other pertinent information about the family as appropriate.

The IFS Practitionerwill:

* Within 24 hours of receipt of the referral, hold a joint introductory session with the family and the Family Service Worker.

* Within 72 hours of receipt of the referral complete an assessment of the family to determine if IFS is appropriate and the short-term crisis intervention services can be of benefit to the family.

* Within 72 hours of receipt of the referral, recommend to the County Supervisor if the family is appropriate for IFS on the "Intensive Family Services Referral Form" (CFS-345).

Assessment for IFS will focus on:

* The potential that the health and safety of the child and other family members can be assured by frequent home visits, counseling, and other support services.

* The potential that meeting the critical needs of the child will increase to an acceptable level.

* The potential that the parents or caregivers can recognize the needs of the child and their ability to nurture and protect the child.

* The parents or caregivers are present and are willing to accept help.

PROCEDURE (V-E3): Service Provision

If IFS is appropriate:

The County Supervisorwill:

* Add IFS to the Service Log.

* Delete IFS from the Service Log after termination of IFS. The IFS Practitionerwill:

* Provide services in accordance with the IFS Program Description.

* Provide services on a frequent, often daily, basis within the family's home.

* Be available to the family 24 hours a day, 7 days a week by beeper or telephone.

* Provide services at times convenient to the family.

* Provide services to only 2 to 4 families at a time.

* Provide a mixture of counseling and support services, as appropriate to the family's needs.

* Provide IFS for a maximum of 6 to 12 weeks, as appropriate to the family's needs.

* Devote 75% of work time to direct contact with the family.

* Document the services provided to the family. Documentation includes:

* A completed "Intensive Family Services Referral Form" (CFS-345) and assessment of the family within 72 hours of receipt of the referral from the County Supervisor;

* A completed individualized Family Action Plan within 2 weeks of initiation of IFS;

* Dated narratives on the types of services provided and the family's progress;

* Completed "IFS Family Counselor's Time Record" (CFS-347);

* A Transition Plan describing the family's continued needs after IFS and the linkages established to meet those needs 2 weeks prior to the termination of IFS;

* A final report on the family's progress and continued needs within one week of termination of IFS;

* Any additional reports requested by the Division.

* Provide follow-up services once a month for three months after termination of IFS, and again at six months after termination of IFS; provide brief reports to the County Supervisor on the status of the family.

* Maintain confidentiality in accordance with the "Arkansas Child Maltreatment Act" (Ark. Code Ann. 12-12-501 et. seq.), and the specific privileged communications standard, i.e., the health and safety of the child shall be paramount. Any privileged communications between husband and wife or between any professional person, except lawyer/client and between a minister, including a Christian Science Practitioner, and any person confessing to or being counseled by a minister, shall not constitute grounds for excluding evidence at any proceeding regarding child abuse, sexual abuse, or neglect of a child.

No privilege, or contract, shall prevent anyone from reporting child maltreatment when the person is a mandated reporter. (See Glossary.)

No privilege shall prevent anyone, except between a client and his lawyer or minister or Christian Scientist Practitioner, from testifying concerning child maltreatment.

(1) The relative becoming a DHHS relative foster home; or

(2) The relative obtaining legal custody of the child.

The child shall remain in a licensed or approved foster home, shelter, or facility, or an exempt child welfare agency as defined at A.C.A. § 9-28-402(12), until the relative's home is opened as a Provisional Relative foster home or regular foster home or the court grants custody of the child to the relative after a written approved home study is presented to the court.

If the court grants custody of the child to the relative:

(1) Subjected the child to aggravated circumstances; (See Glossary for the definition of aggravated circumstances.)

(2) Committed murder (which would have been an offense under section 1111(a) of Title 18, USC, if the offense had occurred in the special maritime or territorial jurisdiction of the United States) of any child;

(3) Committed voluntary manslaughter (which would have been an offense under section 1112(a) of Title 18, USC, if the offense had occurred in the special maritime or territorial jurisdiction of the United States) of any child;

(4) Aided or abetted, attempted, conspired, or solicited to commit such a murder or such a voluntary manslaughter;

(5) Committed a felony, battery, or assault that results in serious bodily injury to any child; or

(6) Had the parental rights involuntarily terminated as to a sibling of the child; or

(7) Abandoned an infant (not the same as "Voluntary Delivery of an Infant", see Procedure VIII- E2).

If reasonable efforts to reunify are determined by a court to be unnecessary, a permanency hearing must be held within 30 days after the court's determination. If the court determines no reunification services will be provided due to aggravating circumstances or upon recommendation from the Division or Attorney Ad Litem at adjudication, the Family Service Worker will have case management responsibility until the child is placed in an adoptive home.

If the court recommends that reunification services should not be provided to reunite a child with his family, DHHS, the Attorney Ad Litem or the court shall provide written notice to the defendants. When DHHS is the agency requesting that no reunification services be provided, it will send the written notice to the defendants in coordination with OCC. The notice shall be provided to the parties at least fourteen (14) calendar days before the no-reunification hearing, and the notice shall identify in sufficient detail to put the family on notice, the grounds for recommending "no reunification services".

The burden of presenting the case shall be on the requesting party. The court shall conduct and complete a hearing on a "no reunification services" request within fifty (50) days of the date of written notice to the defendants. However, upon good cause shown, the hearing may be continued for an additional twenty (20) days.

PROCEDURE (VI-A1): Out-of-Home Placement Criteria

The Family Service Worker will:

* Consider placement with appropriate relatives in a Kinship Foster Home. (See Policy VII-A.)

* Place a child in a provisional relative foster home if a relative is identified and it is in the best interest of the child. A child may be placed in the home of a relative on a provisional basis for up to six (6) months pending the relative's home being opened as a regular foster home. If the relative opts to have his or her home opened as a provisional foster home, the relative shall not be paid a board payment until the relative meets all of the requirements and is opened as a regular foster home. The child(ren), if age appropriate, should also be interviewed about the placement with the relative to determine how the child feels about the placement..

* NOTE: The child is in the custody of the department, therefore, the child shall remain in an approved foster home or licensed shelter or facility, until the relative's home is opened as a provisional home.

* Conduct a review of the home that will include a visual inspection of the home, an expedited Central Registry Check, criminal and local background check and a vehicle safety check. All criminal background checks for Provisional Relative Foster Homes must be submitted to the DCFS Foster Care Unit by completing the CFS 342A (Foster Care Criminal Record Check) to receive expedited results. The CFS-342A can be faxed to the Foster Care Unit for expedited results, however, the fax must be accompanied by an email to the Foster Care Unit verifying that there is an original notarized copy of the CFS-342A in the possession of the Division. There is no fee for criminal background checks conducted for Provisional Relative Foster Homes.

The review of the home will also include the completion of the CFS-446 (In-Home Consultation Visit Report). The worker and supervisor will expeditiously review the background check results and the In-home consultation to determine if the home is a clean and safe environment for the child. The home will be approved as a Provisional Relative Foster Home if it is appropriate and in the child's best interest. Place the child in the Provisional Relative Foster Home once the home is approved and the family has signed the CFS-474 (Provisional Foster Home Orientation Checklist). The worker and the family must complete any corrective actions necessary to bring the home into compliance with minimum licensing standards within six (6) months.

* Request an Alternative Compliance for a Provisional Relative foster home, if appropriate. However, there must be documentation that the Alternative Compliance will in no way jeopardize the health and safety of the child(ren) placed with the family. All Alternative Compliance requests must go up the chain of command and be reviewed by the County Supervisor, Area Manager, Program Administrator and Assistant Director of Community Services before being presented to the DCFS Director. The Alternative Compliance must be approved before the home can be approved and children placed in the home.

* Provide an orientation session with the family at the time of placing the child in the relative's home. Complete the CFS- 474 "Provisional Foster Home Orientation Checklist" as part of the orientation. The relatives must sign the completed CFS-474 before the child is left in their home. Inform the family that they are eligible to receive reimbursement for Medicaid travel only.

* Provide an initial clothing order to the child if one is needed. When a child is first placed in foster care, an initial clothing order may be issued. The Family Service Worker will assess with the foster parent which clothing items are needed and issue the authorized amount of clothing allowance. Purchases will be made using the DHHS-1914 process. The FSW will accompany the foster parent to the store to approve the purchase.

* Complete all actions identified in Policy III-A "Services Case Opening and Re-Evaluation". Complete the IV-E and Medicaid application as prescribed in Procedure III-A2.

* Complete all of the medical exam requirements for the child including the Comprehensive Health Assessment see Procedure VI-D1 "Comprehensive Health Assessment and Health Plan for Children Receiving Out-Of-Home Placement Services".

* Complete all case opening functions as outlined in Policy IV-A "Services Case Plan" and IV-B "Case Staffings."

* Visit the child in the relative's home as required in policy VII-C " Supervision of Children in Out-Of-Home Placement."

* Assist the relatives in applying for benefits. Until the relative's home is opened as a regular foster home, the relative may apply for and receive benefits for which the relative may be entitled due to the placement of the child in the home, such as benefits under the Temporary Employment Assistance Program or food stamps.

* Ensurethatthefamilyiscompletingtheprocessforfosterhomeapproval.Iftherelative'shomeisnot fully licensed as a foster home within six (6) months of the placement of the child in the home:

(1) A copy of the current home study

(2) The date of the next court hearing

(3) Copies of the Central Registry Checks

(4) Copies of the State Police Checks

(5) A copy of the physical, if age is the issue

(6) Copy of the results of the FBI search, if residency is an issue

(7) If the issue is misdemeanor or felony activity, a written explanation by the prospective foster/adoptive parent explaining what the offense was, why the offense occurred and why the offense should not prevent the approval of the request.

The Program Administrator will:

* Review the request for appropriateness

* Forward the request to the Assistant Director of Community Services for review and submission to the DCFS Director.

The DCFS Director can approve an Alternative Compliance for a relative home on a case-by-case basis. Alternative compliances will only be approved in cases where there is clear documentation that the placement is in the best interest of the child. The DCFS Director may review and approve any requests for alternative compliance of DCFS Policy. The DCFS Director will review for appropriateness, requests for alternative compliance with CWAL standards, and will then forward the request to the Manager of the CWAL Unit, who will forward the request to the CWAL Board. Any requests for alternative compliance with CWAL regulations and standards can only be approved by the CWAL Review Board.

PROVISIONAL RELATIVE HOMES [Temporary Family Placement (No Board) Service in CHRIS]

The FSW caseworker must inform the Resource Worker of a relative who is interested in becoming a Provisional Relative Home for a child in foster care.

The Resource Worker must enter this family into CHRIS as a Provider opening two placement services: Temporary Family Placement (No Board) Service, and Foster Family Home Service. The

Temporary Family Placement (No Board) Service must be quickly approved (once the necessary requirements are received), while the Foster Family Home Service has Applicant Status awaiting compliance (all required checks, certifications and training) for approval. In CHRIS, the family will have only one Provider Number showing two services provided by the family.

The Resource Worker will need to coordinate with the FSW to obtain demographic information on Family Members and enter the information into the CHRIS Provider screens.

In CHRIS:

. Click Provider button and click New button: General Information Screen:

General Information Tab:

.Click Person radio button

.Enter First and Last Name of Head of Household 1

Address/Telephone Tab:

.Select Physical Location Address and enter address .Enter School District.Enter Phone Number

AKA Tab:

.Enter Person name, if known by another name

Services Tab:

.Click Placement Services radio button

Select Temporary Family Placement (No Board)

Enter Services Start Date

Select Parenting Structure

Click Addbutton . Click New button (to enter another Placement Service)

Click Placement Servicesradio button

Select Foster Family Home

Enter Services Start Date

Select Parenting Structure

Click Changebutton

Contact Person Tab:

. Contact Type: Select Person Responsible for Provider and enter name.

. Services Provided: Highlight Select Temporary Family Placement (No Board) and Foster Family Home Services and click Add and OK button and click Change command button [Note: if the Person identified is not the Contact Person for both services, then, select only one service and click New button to enter another person for the other service.] Members Button:

Provider Household Members:

. Household Information Tab - complete all fields on this tab for Head of Household 1 and Head of Household 2.

. Required Checks Tab - complete all necessary requirements especially Central Registry check and Local and State Criminal Record checks (Requested, Received and Passed) for both Head of Household 1 and Head of Household 2 Relations Button:

Provider Household Relationships screen - complete relationships of household members

Services Management Button:

Click OK on highlighted Temporary Family Placement (No Board) Service:

. Admissions Button - complete fields, click Add . Rates Button - Payment Scale defaults to None . Details Button - complete mandatory fields (yellow) and click on Request Approval button and click on Request Approval checkbox Contacts Button:

Provider Contact Screen - click New and enter your contacts with the Provider selecting Placement Issues in the Purpose Select Box

[Note: Within the next six months, the family will be meeting all requirements to become a DCFS foster family, such as Training Hours, and other required checks to be in compliance (refer to the CHRIS procedures for Foster Family Approval).]

When the family has an approved Foster Family service, the Temporary Family Placement (No Board) service, needs to be stopped. In CHRIS, here are the steps:

. Click General Information Button:

. Services Tab - enter the date in the Services End Date field, selecting the appropriate Reason for End Date and entering the explanation in the Comments for End Date text field.

.Utilize court-ordered relative information obtained from the parent to locate and contact potential relative resources.

(1) The relative becoming a DHHS relative foster home; or

(2) The relative obtaining legal custody of the child. See Policy VI-J "Out-of-Home Non-DHHS Custody/Relative Placements".

.Complete the CFS-452 (Relative Placement Kinship Care/Relative Foster Care Verification) stating that the family does/does not want to become a relative foster home.

.Select the Out-of-Home Placement that best fits the needs of the child. A child who has been identified as an Exempted From Finding Underaged Child Aggressor or Sexual Offender must not be placed in a foster home with other children, unless the child's therapist feels that the child is no longer a danger to other children. Proper documentation of this will be contained in the child's hard copy file. If the recommended placement is a facility, the facility must receive information regarding the allegations. This must be documented in the Recommend Placement screen.

.Complete the CFS-462A (Foster Home Agreement Addendum) at the time of placement.

.Document placement selection on the "Case Plan" (CFS-6010) by keying the "Plan Goals" and the "Needs/Svc" screens in the "Treatment" portion of the "Case Plan" section of CHRIS.

.Arrange at least one (1) pre-placement visit for the child before the initial placement and before any subsequent changes in placement if possible and appropriate. Contact the OCC Attorney immediately if child is being moved from one Out-of-Home Placement to another. See Procedure VII-D1.

.Contact the OCC Attorney immediately if there is any indication that the child is a member of an Indian tribe.

.Provide the child's parent(s) with a copy of PUB-11 (Your Child and Foster Care).

PROCEDURE (VI-A2): Concurrent Planning

The Division will ensure timely permanency for children entering Out-of-Home Placement. Concurrent planning includes working towards the goal of returning the child to the parents while concurrently working on alternative permanent placements. Concurrent planning will be done for all out-of-home placement cases except for those cases where the court determines no reasonable efforts to provide reunification services. The level and degree of concurrent planning will be on a case by case basis. The DCFS worker will immediately develop and implement a realistic concurrent plan.

The concurrent planning process will include:

(1) determine the safety of the child, the continuing need for and appropriateness of the placement,

(2) determine the extent of compliance with the case plan,

(3) determine the extent of progress made toward alleviating or mitigating the causes necessitating the placement, and

(4) project a likely date by which the child may be returned and safely maintained at home or placed for adoption or legal guardianship. Pertaining to Title IV-E eligibility requirements, the judicial review is conducted by court review, not an administrative review process. During each six-month review, the court shall make determinations based upon the best interest of the child. The best interest of the child shall be paramount at every stage of the judicial process.

Each child in an out-of-home placement, including children placed out-of-state, shall have a permanency planning hearing within 12 months of the date the child is considered to have entered foster care and not less frequently than every 12 months thereafter during the continuation of foster care. (A child will be considered to have entered foster care on the date the child enters an out-of-home placement.) When the court determines that reasonable efforts to return the child home are not required, the court shall hold a permanency hearing within thirty (30) days of the determination in order to enter a new disposition in the case to determine the child's future status. A permanency hearing shall also be held after a child has been in an out-of-home placement for fifteen (15) of the previous twenty-two (22) months, excluding the time spent while the child is on a trial home placement and runaway status. The Permanency Planning Hearing will be conducted by the court, not by an administrative body.

The Division must obtain a judicial determination that reasonable efforts were made to finalize the permanency plan for the child within 12 months of the date the child entered foster care. If a child remains in an out-of-home placement after the initial permanency planning hearing, an annual permanency planning hearing shall be held to reassess the permanency goal selected for the child. If a judicial determination regarding reasonable efforts to finalize a permanency plan is not made, the child will be ineligible under Title IV-E from the end of the 12th month following the date the child is considered to have entered foster care or the end of the 12th month following the month in which the most recent judicial determination of reasonable efforts to finalize a permanency plan was made, and remains ineligible until such a judicial determination is made.

(1) Returning the child home at the permanency planning hearing if it is in the best interest of the child and the child's health and safety can be adequately safeguarded if returned home,

(2) Termination of parental rights so the child can be adopted, unless:

* The child is being cared for by a relative, including a minor foster child caring for his or her own child who is in foster care, and termination of parental rights is not in the best interest of the child;

* The Division has documented in the case plan a compelling reason why filing a termination petition would not be in the best interest of the child and the court approves the compelling reason as documented in the case plan; or

* The Division has not provided services, consistent with the case plan, necessary for the safe return of the child to his home.

(3) Legal guardianship,

(4) Permanent custody,

(5) Continue the goal of reunification only when the parent is complying with the established case plan, and orders of the court making significant measurable progress towards achieving the goals established in the case plan, and diligently working toward reunification. Reunification must be expected to occur within a time frame that is consistent with the child's developmental needs.

(6) Independence (see definition of Independence in Glossary). In the case of a child who has attained age 16, the permanency planning hearing will determine the services needed to assist the child to make the transition from foster care to independent living.

Independence shall be selected only if the child cannot be reunited with the child's family; another permanent plan is not available; and a compelling reason exists why termination of parental rights is not in the child's best interest or the child is being cared for by a relative and termination of parental rights is not in the best interest of the child.

If DHHS concludes, after considering reunification, adoption, legal guardianship, or permanent placement with a fit and willing relative, that the most appropriate permanency plan for a child is placement in another planned permanent living arrangement, DHHS will document to the court the compelling reason for the alternate plan.

The Department may seek the services of the Federal Parent Locator Service to search for absent parents at any point in order to facilitate a permanency plan.

The Department shall provide the foster parent(s) of a child, and any pre-adoptive parent or relative providing care for the child with timely notice of, and an opportunity to be heard in, permanency hearings and six-month periodic reviews held with respect to the child during the time the child is in the care of such foster parent, pre-adoptive parent or relative caregiver. Notice of, and an opportunity to be heard, does not include the right to standing as a party to the case. The permanency hearing will also serve to address procedural safeguards as they apply with respect to parental rights pertaining to the removal of the child from the home of his or her parents, to a change in the child's placement, and to any determination affecting visitation privileges of parents.

Judicial determinations regarding "contrary to the welfare", reasonable efforts to prevent removal, and reasonable efforts to finalize the permanency plan in effect, including judicial determinations that reasonable efforts are not required, must be explicitly documented and made on a case-by-case basis and so stated in the court order.

If reasonable efforts and "contrary to the welfare" judicial determinations are not included as required in the court orders, a transcript of the court proceedings is the only other documentation acceptable to verify that the required determinations have been made.

Neither affidavits nor nunc pro tunc orders will be acceptable as verification documentation in support of reasonable efforts and "contrary to the welfare" judicial determinations.

Court orders that reference state law to substantiate judicial determinations are not acceptable, even if state law provides that removal must be based on a judicial determination that remaining in the home would be contrary to the child's welfare or that removal can only be ordered after reasonable efforts have been made.

At any hearing in which the Department of Health & Human Services is ordered by the court to provide services for a family, the court shall provide the Department with the opportunity to be heard. When DHHS is not a party to the case, failure by the court to provide at least five (5) working days' notice to DHHS renders any part of the order pertaining to DHHS void. Refer to Policy II-1 for information related to FINS cases.

PROCEDURE (VI-F1): Case Review Judicial Hearings for Children in Out-of-Home Placement

The Family Service Workerwill:

* Receive the confirmed court date from the OCC attorney.

* Provide the OCC attorney with the name and address of any grandparent who is entitled to notice based on the conditions listed in Procedure (II-E10).

* Provide notice to the parties at least fourteen (14) calendar days before the hearing, if DHHS is the requesting party.

* Complete a court report for all review hearings.

* Submit the "Court Report" (CFS-6011) to the OCC Attorney within fifteen (15) working days prior to the hearing.

* Submit the "Permanency Planning Hearing Court Report" (CFS-6024) to OCC, CASA and all parties no later than seven (7) days before the scheduled Permanency Planning Hearing.

* Make a recommendation to the court to continue visits between siblings and with relatives who have established visitation prior to TPR, if this is in the child's best interest. Document the recommendation in the "Permanency Planning Hearing Court Report" (CFS-6024).

* Invite the out-of-home placement provider to all hearings

* Attend all hearings and be prepared to provide testimony regarding services offered or provided, progress and recommendations to the court.

* Bring case files to all hearings.

* Discuss orders of the court with the family.

The court may order progress reports from the service provider whenever a child is placed out-of-home and in a setting other than a DHHS foster home.

The order shall set forth the schedule for the progress reports and shall identify the service provider responsible for submitting the progress report.

The service provider shall be provided a copy of the written court order by certified mail, restricted delivery or by process server.

Failure to follow the order of the court shall subject the service provider to contempt sanctions of the court.

The progress report shall include, but is not limited to:

* Reason for admission;

* Projected length of stay;

* Identified goals and objectives to be addressed during placement;

* Progress of the child in meeting goals and objectives;

* Barriers to progress;

* Significant behavioral disruptions and response of provider; and

* Recommendations upon the child's release.

The service provider shall immediately report any incidents concerning the juvenile's health or safety to the child's attorney or Attorney Ad Litem and the custodian of the child.

POLICY (VI-G): INTERSTATE COMPACT ON PLACEMENT OF CHILDREN (ICPC)

The Interstate Compact on the Placement of Children (ICPC) is used to move children in need of a foster or pre-adoptive placement, adoption across state lines or reunification with parent(s). A foster child is defined as a child who has been removed from the home of his parent, guardian or custodian by a court of competent jurisdiction and whose custody has been placed with a private or public agency.

When a child requires placement for foster care or a possible adoption outside the resident state, DCFS shall use the ICPC process. Unless authorized by the ICPC, all communications with other states regarding approval of placement, progress reports, disruption of placement, or termination of the ICPC case should process through the Arkansas ICPC Office, to the Family Service Worker.

The ICPC process ensures:

* Proper extensions of authority into the receiving state.

* Thesendingagencycanobtainhomestudiesforproposedplacements,isidentifiedas legally and financially responsible and does not lose jurisdiction once the child leaves the sending state.

* Thereceivingagencycandeterminetheplacementisnot"contrarytothechild'sinterests" and that all applicable laws and policies have been followed.

* Supervisionismaintainedout-of-stateandthesendingagencyreceivesprogressreports.

* Maximumopportunityforeachchildtobesuitablyplaced.

* Properinformationtoauthoritiesinthereceivingstate.

* Effectiveutilizationofcross-jurisdictionalresourcestofacilitatetimelyfoster,adoptiveor permanent placements.

DCFS caseworkers should not directly contact the ICPC offices in other states, but should direct their communication to the DCFS ICPC Office. Interstate communication between field staff from the involved states is discouraged, except for the routine sharing of information, which is NOT related to case approval, progress reports, disruption or termination of placement.

The Juvenile Division of Circuit Court shall retain jurisdiction to issue orders of adoption, interlocutory or final, when a child is placed outside the state of Arkansas.

PROCEDURE (VI-G1): Types of Placement Covered by ICPC

Children placed out-of-state are to go through ICPC when one of the following placements occur:

* Foster care placements,

* Pre-adoption placements,

* Adoptive placements,

* Parent, other relative, or non-agency guardian placements.

NOTE:If in doubt, request clarification from the Arkansas Interstate Compact Unit, P.O. Box 1437, Slot S567 Little Rock, Arkansas, 72203-1437. Phone: (501) 682-8556.

PROCEDURE (VI-G2): Types of Placement Not Covered by ICPC

Types of placements that are not covered by ICPC include:

* Divorce or custody investigations involving home studies.

* Placement of a probationer, parolee or aftercare juvenile.

* Interstate placement of mentally ill and mentally defective children.

* Placement into a primarily educational institution.

* Runaways from Arkansas to another state or to Arkansas from another state. (See Procedure VI G17 about other compacts).

* Kidnapped children transported out-of-state.

* Visits that do not extend beyond 30 days and are not pre-placement visits.

* Placement outside the resident state when custody will be transferred to that person.

PROCEDURE (VI-G3): Responsibilities of the Sending State

The sending partywill:

* Provide proper notice of the intent to place using the ICPC 100A (IC Placement Request) and receive authorization from the receiving state prior to the placement.

* Work with the receiving parties to arrange the placement details (i.e., childcare payment, type of monitoring, frequency of supervisory reports, and transportation) after approval is given.

* Provide additional information when requested by the receiving state to ensure the placement is not "contrary to the interests of the child".

* Notify the receiving state of the placement date and any change in the child's status by using the ICPC 100B (IC Report on Child's Placement Status).

* Retain jurisdiction over the child sufficient to determine all matters of custody, supervision, care and disposition of the child until the child is adopted, reaches majority, becomes self-supporting, or is discharged with concurrence of the appropriate authority in the receiving state.

* Retain planning and financial responsibility for the duration of the placement.

NOTE: The one exception comes under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) requiring that children under Title IV-E adoption assistance agreements and those receiving Title IV-E foster care payments will be granted Medicaid coverage in their current resident state. (See Medical Services Manual, Section 6600 to 6673.)

* Return the child to the sending state at the request of the receiving state.

PROCEDURE (VI-G4): Responsibilities of the Receiving State

The receiving statewill:

* Assess and monitor the placement to ensure compliance with applicable laws and policies of the receiving state, and that the placement is "not contrary to the interests of the child".

* Notify the sending state in writing whether or not the placement is appropriate and in the best interest of the child.

* After the child is placed and the ICPC 100B received, supervise the placement and provide or arrange for necessary services.

* Submit quarterly progress reports to the sending party. More frequent reports may be submitted on request.

* Honor and enforce lawful orders of the court of jurisdiction of the sending state unless it conflicts with Arkansas policies and/or laws.

PROCEDURE (VI-G5): Placing Arkansas Children in Another State and Requesting Out-of-State Home Studies

The following are procedures to use when requesting an out-of-state home study for an Arkansas child., including placement into residential treatment facilities. Always use the child's name on the correspondence.

The sending party(county office, etc.) will compile an Interstate Compact Placement Packet consisting of:

* Cover letter or memo to the Arkansas Interstate Compact Office briefly explaining the following placement plans. It should:

* Request an evaluation of the proposed placement, or home and explain why it is needed.

* Clarify legal status and court/Division plans.

* Clarify discrepancies in the request (incomplete or excluded documents).

* Clarify financial planning (foster care payments are to be made, Medicaid coverage, etc.).

* Financial / Medical Plan - ICPC (CFS-592).

* Specify special needs of the child (medical, educational, etc.) and issues to be addressed.

* "Interstate Compact Placement Request" (ICPC-100A). (Retain one copy and include five copies with the packet.)

* Court order showing DHHS custody of or court jurisdiction over the child.

* "Case Plan" (CFS-6010),

* Court order (most recent) showing that DHHS has custody or the court has jurisdiction of the child (a special court order requesting a home study is not required).

* Documentation of the child's IV-E eligibility status (DCO-91).

* Complete a thorough Social Summary including background information on the child and family.

* Include the following additional information if applicable:

* psychological testing reports,

* counseling reports,

* school reports / records,

* medical records / reports,

* other appropriate reports/documents.

* Send packet to Administrator, Interstate Compact on the Placement of Children Unit, P.O. Box 1437, Slot S567, Little Rock, Arkansas 72203-1437.

NOTE:Financial arrangements should be discussed with the prospective placement resource before the study is requested. If a board payment is needed, a foster home study must be requested

The Arkansas ICPC Officewill:

* Review the packet to determine whether or not it is complete and ready to forward to the receiving state's ICPC office.

* Coordinate with the sending party if changes in the packet are needed.

* Send packet to receiving state's compact office.

* Notify sending party of disposition.

* Coordinate the travel plans with the Family Service Worker if placement is approved (placement must be made within 6 months of placement approval).

The Family Service Worker/Area ICPC Liaison will:

* Complete and route the "Interstate Compact Report on Placement Status of Child" (ICPC-100B) to the ICPC office if the out-of-state placement is approved and made. Show the date of the placement or of the withdrawal of the request.

* Close the Arkansas Medicaid so that Medicaid services can be pursued in the receiving state.

* Code the "Application for Emergency Services" (CFS-6013) to show ICPC service using the child's name.

* Key the case type in CHRIS as "ICPC" for the child placed by the Division in another state.

* Notify the Adoption Services Unit of a proposed adoptive placement, if appropriate.

NOTE: Communication between states regarding approval of placements, progress reports, case closures and disruptions must go through the ICPC office.

PROCEDURE (VI-G6): Children Entering Arkansas for Placement

Services to children should not begin without placement approval (ICPC-100A) from the receiving state's ICPC office AND receipt of placement notification (ICPC-100B) from the sending state's ICPC office.

* Requests from sending state should include the same information as described in the Interstate Placement Packet and outlined in Procedure VI-G5.

* Contact the Arkansas ICPC Administrator if additional information is needed from the sending state to initiate services.

The disposition of requests is as follows:

* Requests for home studies of foster parent, relative homes, or adoptive homes received in the Arkansas ICPC office will be forwarded to the appropriate County Office for a reply.

* The Arkansas ICPC Unit will forward the foster home study to the ICPC Field Liaison, Area Manager or DCFS Supervisor.

NOTE: The Arkansas ICPC Unit will forward the adoptive home study to the Adoption Field Service Manager, who will forward it to the Adoption Specialist.

PROCEDURE (VI-G7): Completion of a Home Study

The Family Service Worker/Area ICPC Liaison will:

* Complete a Central Registry Check and a thorough home study, including the results of the criminal record check; if available, with signed recommendation regarding placement within ninety (90) calendar days of a request. The DCFS Supervisor must also make a recommendation for or against placement. If the criminal record checks have not been received, a copy of the application/request must be included in the packet and the results sent when received.

NOTE:The Adoption Field Services Manager must sign and date the recommendation in an adoption home study.

* Notify the ICPC office if there is to be a delay.

* Include "Request for CPS Central Registry" (CFS-316) and "State Adoptions Criminal Record Check" (CFS-342B). The results of the criminal records check shall be provided to the court as soon as they are received.

(1) Child abuse or neglect;

(2) Spousal abuse;

(3) A crime against children, including child pornography; or

(4) A crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery.

If the criminal record check reveals a felony conviction of any adult in the home for physical assault, battery, or a drug-related offense and the offense was committed within the past five (5) years, the child shall not be placed in the home.

* Send the home study to the Arkansas Administrator, Interstate Compact Unit, not directly to the other state.

PROCEDURE (VI-G8):Routing of a Home Study

ICPC approved home study packets are valid for six (6) months from the date the ICPC Office signed the ICPC-100A. The child must be placed within that 6-month period.

The Arkansas ICPC Unit(Receiving Office) will:

* Review the home study packet to determine whether or not it is appropriate to forward to the sending state ICPC Office.

* If the home study packet is complete, send it to the sending state ICPC office.

If approved, the sending statewill:

* Proceed with placement plans.

* Complete an "Interstate Compact Report on Child's Placement Status" (ICPC-100B) stating their placement plans and route the placement plan to the Arkansas ICPC Unit indicating placement or withdrawal of the request for placement.

* Forward the ICPC-100B to the receiving state ICPC Office once the child is placed. The Arkansas ICPC Unitwill:

* Forward the ICPC-100B to the appropriate DCFS field operative (i.e. ICPC Liaison, DCFS Supervisor or Area Manager) so that they will be notified of the placement and services can begin.

PROCEDURE (VI-G9): Follow-up, Routing, and Monitoring

The Family Service Workerin Arkansas will:

* Provide monthly supervision of the child and send quarterly progress reports to the Arkansas ICPC Unit or as often as requested on the ICPC-100A.

* Notify the Arkansas Administrator ICPC office, immediately, if problems or changes with placement occur.

* Key the case type in CHRIS as "ICPC" for the child placed in Arkansas from another state.

PROCEDURE (VI-G10): Travel Procedures for Children Receiving Out-of-Home Placement Services

When an Arkansas foster child has been approved to move into or out of Arkansas for a foster care or adoptive placement, or for reunification with parent(s) the Family Service Worker/Area ICPC Liaison will:

* Submit request for travel to ICPC office with "Application for Out-of-State Travel" (DHHS-1010) no less than two (2) weeks in advance. (The ICPC office will be responsible for obtaining approvals for the travel.)

* Make necessary travel arrangements through a travel agency approved by DHHS.

* Submit ICPC-100B to the ICPC office for forwarding to the receiving state after the child is placed in the receiving state.

When an escort (state employee or non-state employee) is needed to assist with transporting an Arkansas foster child to or from an out-of-state placement, the Family Service Worker/Area ICPC Liaison will:

* Submit the same information as stated above for foster children travel.

* No travel shall commence until the DHHS-1010s are signed.

PROCEDURE (VI-G11):Other Travel (Non-ICPC and Non-DCFS Children)

For Non-ICPC travel, the Family Service Worker will:

* Request prior approval, using the DHHS-1010 for a child and for an escort, as appropriate. (e.g., to attend a funeral, go on vacation with a foster parent or go on a visit of less than thirty (30) days.)

* Direct requests and questions to the Foster Care Unit.

Exception:For children placed out-of-state by an Arkansas court, the sending partyis responsible for arranging transportation (DHHS does not have legal custody).

* Forward the DHHS-1010 to the Assistant Director of Community Services and the DCFS Director for signature.

* Attach the child's court order giving authority to travel and written documentation from the Attorney Ad Litem.

NOTE:An out-of-state visit is 30 days or less and is not subject to ICPC. However, if it is greater than 30 days, it is a placement, which is subject to ICPC.

PROCEDURE (VI-G12): Progress Reports

The receiving statemust:

* Send quarterly progress reports every three months unless otherwise stated on the ICPC-100A.

* Mail progress reports to ICPC office for forwarding to the sending state.

* Enter the progress reports in the child's case record in CHRIS.

PROCEDURE (VI-G13):Termination of ICPC Cases

An Interstate Compact Placement can only be terminated with the concurrence of the receiving state ICPC Office. Reasons for terminating an ICPC placement include the following reasons:

* Adoption is finalized.

* Child reaches age of majority.

* Child is emancipated.

* Child is returned to the sending state.

* Custody is returned to the parent or placed with a relative with the approval of both the sending and receiving states.

* Transfer of jurisdiction.

* Concurrence of the receiving state. The Family Service Workerwill:

* Complete ICPC-100B indicating termination reason and route it to the ICPC office for forwarding to the receiving state.

The Arkansas ICPC Unitwill:

* Send the ICPC-100B to the sending or receiving state's ICPC office to notify them of the closure of the ICPC case.

NOTE: The sending state is responsible for the original submission of both the ICPC-100A and 100B.

PROCEDURE (VI-G14): Exceptions to Policy

Items and services not specified in this policy must have prior approval of the Interstate Compact Deputy Administrator.

The Family Service Worker/Area ICPC Liaison, with the approval of the Area Manager, will:

* Write a memo to the Interstate Compact Administrator to fully explain the situation.

* Request that exceptions to policy be made.

The Arkansas ICPC Administratorwill:

* Review the request.

* Inform the Family Service Worker/Area ICPC Liaison of the decision.

PROCEDURE (VI-G15): Request for a Priority Placement (Regulation No. 7 in the Guide to the Interstate Compact on the Placement of Children)

A priority placement is when a court, upon request or on its own motion, or where court approval is required, determines that a proposed priority placement of a child from one state into another state is necessary because:

* The child is under two years of age;

* The child is in an emergency shelter; or

* The court finds that the child has spent a substantial amount of time in the home of the proposed placement recipient.

NOTE: Regulation No. 7 does not define "substantial amount of time", consequently leaving its interpretation to the receiving state ICPC.

The receiving state agency has thirty (30) days to complete a request for a priority placement. Requests for placement shall not be expedited or given priority except as outlined below.

A request for a priority placement will be implemented as follows:

* The court shall send its order to DCFS within two (2) business days.

* The order shall include:

* The child's name, address and phone number;

* The Fax number of the judge and the court, if available.

* The sending party will send the following to the state Central Office ICPC via overnight mail, or fax, within three (3) business days:

* The signed court order. (The court order must specify how the case qualifies as Regulation No. 7.);

* A completed form 100A (ICPC Placement Request);

* Supporting documentation according to policy.

* Within two (2) business days after the receipt of the ICPC priority placement request, the sending state ICPC office will overnight mail the priority request and its supporting documentation to the receiving state ICPC office with a notice that the request for placement is entitled to priority processing.

* The receiving state ICPC Office shall send all the documents to the receiving state's local office within two (2) days. The receiving state's local office has twenty (20) working days to send a determination back to the receiving state's ICPC Office.

* The receiving ICPC office has two (2) days to overnight mail the determination to the sending state's ICPC office. The sending state ICPC office has two (2) days, through overnight mail, to send the determination to the local office.

* The foregoing shall not apply if:

* Within two (2) business days of receipt of the ICPC priority placement request, the sending state Compact Administrator determines that the ICPC request documentation is substantially insufficient, specifies that additional information is needed, and request the additional documentation from the FSW by FAX or telephone if FAX is not available, or

* Within two (2) business days of receipt of the ICPC priority placement request, the receiving state Compact Administrator notifies the sending state Compact Administrator that further information is necessary. Such notice shall specifically detail the information needed.

NOTE:For such a case in which either of the two prior dot points apply, the twenty (20) business day period for the receiving state Compact Administrator to complete action shall be calculated from the date of the receipt by the receiving state Compact Administrator of the additional information requested.

PROCEDURE (VI-G16): Juvenile, Mental Health, and Adoption and Medical Assistance Compacts

In addition to the ICPC, three other Interstate Compacts were enacted to coordinate the interstate placements of children and juveniles as follows:

* Interstate Compact on Juveniles: This compact is designed to serve those children needing an out-of-state placement who have been adjudicated delinquent and who have been placed on probation or parole. This compact also provides for the return of non-delinquent runaways, escapees, and absconders. The Interstate Compact on Juveniles is administered by the Division of Youth Services.

Interstate Compact on Mental Health: This compact is designed to facilitate the transfer of resident patients (both children and adults) from a state-operated mental health facility in one state to a similar state-operated facility in another state. The Mental Health Compact is administered by the Division of Mental Health.

* Interstate Compact on Adoption and Medical Assistance: This compact is for adoption assistance for IV-E eligible children who are under an adoption subsidy agreement. The adoption worker should notify the Adoption Subsidy Coordinator as soon as it is known that an adoptive family/child is moving out of state or has moved. The Adoption Subsidy Coordinator will send information to the new state of residence and also to the adoptive parents advising them to contact the local Medicaid office in their new state of residence. This contact will be for the purpose of getting medical benefits for their child in the new state of residence.

POLICY (VI-H): INTERFERENCE WITH CUSTODY

The Division will provide a representative upon request to accompany the officer arresting an individual for Interference with Custody.

PROCEDURE (VI-H1): Interference with Custody

The Family Service Workerwill:

* Accompany the officer arresting an individual for interference with custody. Take the minor into temporary DHHS custody pending further proceedings from a court of competent jurisdiction.

* Contact OCC Attorney immediately.

POLICY (VI-I): FOSTER CHILD TRUST ACCOUNTS

The Department of Health & Human Services (DHHS) maintains Trust Accounts for children in foster care who receive Supplemental Security Insurance (SSI), Social Security (SSA), Child Support, Veterans Benefits (VA), Railroad Benefits (RR) or any type of income. These benefits will automatically be used to pay for the child's foster care expenses, which includes the monthly board payment. DHHS will become the payee for all benefits collected.

DCFS must ensure that changes in payee are made when a child receiving benefits initially enters foster care. The IV-E/Medicaid Eligibility Unit will screen all DCFS clients for potential SSI eligibility according to SSA disability criteria and make applications for those who meet minimum requirements.

The child's trust fund account must not exceed $2,000 to maintain state Medicaid eligibility, not exceed $2,000 to maintain Social Security benefits, and not exceed $10,000 to maintain Title IV-E eligibility. DCFS will coordinate the monitoring of Trust Fund accounts with the Office of Fiscal Management - General Operations Section, IV-E/Medicaid Eligibility Unit and other pertinent agencies to ensure the timely and efficient management of these accounts.

Authorized uses of different funds vary according to their sources. However, any expenditure from a foster child's trust account must be for the direct care and/or needs of the child in receipt of the income. Funds cannot be used for siblings, parents, or other individuals in the initial removal home. Authorized uses are as follows:

* SSI Income in a Regular Account has no restrictions; spending must be appropriately prioritized according to the child's needs and disability.

(1) medical treatment, education or job skills training or

(2) if they pertain to an impairment -

(a) The child is being cared for by a relative, including a minor foster child caring for his or her own child who is in foster care, and termination of parental rights is not in the best interest of the child;

(b) DHHS has documented in the case plan a compelling reason why filing such a petition is not in the best interest of the child and the court approves the compelling reason as documented in the case plan; or

(c) DHHS has not provided to the family of the child, consistent with the time period in the case plan, such services as DHHS deemed necessary for the safe return of the child to the child's home if reunification services were required to be made to the family.

The Division will file a petition to terminate parental rights in the following circumstances:

(a) The child has been in out-of of-home placement for fifteen (15) continuous months; and

(b) At the permanency planning hearing, the court continued the goal of reunification or entered a goal of independence. Trial visits with the parents and time spent on runaway status shall not count in adding up fifteen (15) months.

* The child has been determined by a court of competent jurisdiction to be an abandoned infant. The petition to terminate parental rights will be made within thirty (30) days of the judicial determination that the child is an abandoned infant.

* The parent has been convicted of a felony and the court determines no reunification services are required. (See Policy VI-A). The petition to terminate parental rights will be made within thirty (30) days of a judicial determination that reasonable efforts to reunify the child and parent are not required.

If a juvenile is the subject of an open case filed under the Arkansas Juvenile Code, OCC will file all subsequent petitions (i.e., termination of parental rights, adoption, guardianship) in that same circuit court and case.

If the court adopts the goal of termination of parental rights, the Department shall file a petition to terminate parental rights within thirty (30) days from the date of the entry of the order establishing such goal.

If the court finds that the child should remain in an out-of-home placement, either long-term or otherwise, the child's case shall be reviewed every six (6) months, with an annual permanency planning hearing.

Additionally, if the child has been in an out-of-home placement 15 of the last 22 months, and a termination petition has been filed by another party, the Division will seek to join the petition. Concurrent with the filing of a termination petition, the Division will identify, recruit, process and approve a qualified family for adoption.

NOTE: For the purpose of Title IV-E compliance, the Division will file or seek to join a petition to terminate the parental rights of a parent(s) whose child has been in foster care under the responsibility of the state for 15 of the most recent 22 months. The petition must be filed by the end of the child's 15th month in foster care. In calculating when to file a petition for termination of parental rights, the Division:

The Adoption Assistance Agreement must:

The types of situations that would constitute grounds for an appeal include:

* Determine that a reasonable, but unsuccessful, effort has been made to place the child without providing adoption subsidy. Such an effort might include the use of adoption exchanges, referral to appropriate specialized adoption agencies, or other such activities. There are exceptions to this requirement when applying for a Title IV-E maintenance subsidy.These exceptions are:

* Complete the ICAMA forms in relation to a child who is moving from the state and forward the forms to the new state of residence. Forward the following:

* Forward completed ICAMA forms to the Eligibility Unit in relation to a child who moves into the state. Forward the following:

A. Under the full-time DCFS MSW Educational Leave Program, the selected employee is relieved of all duties for the duration of the program and allowed to attend the UALR MSW Program, at either the Little Rock or Fayetteville campus, on a full-time basis to pursue a MSW degree. While in the program, the participant will occupy a position at a salary determined by the DCFS Director and retain all benefits normally afforded a regular status employee, unless specifically stated in policy. (See Procedure XI-B13 (D) Rights and Benefits Retained.)

B. The part-time MSW Educational Leave Program affords the selected employee the opportunity to attend the UALR MSW Program, at either the Little Rock or Fayetteville campus, on a part-time basis and relieves the employee of partial responsibility for job duties, in proportion to the number of semester hours attempted. The part-time educational leave program must be completed within three calendar years. The part-time participant receives a salary and retains all rights and benefits while in the program, except where stated otherwise in policy. (See Procedure XI-B13 (D) Rights and Benefits Retained.)

C. Employees who already are enrolled in the UALR MSW Program may apply for acceptance in the MSW Educational Leave Program if they meet all other eligibility requirements for the program.

D. Tuition, fees, and books will be provided by DCFS through a contract with UALR. The Division will not pay for parking or non-required student activity fees.

PROCEDURE (XI-B3): Application Process

Parti cipation in the MSW Educational Leave Program requires successful completion of a two-fold application and approval process, as follows:

A. Obtaining Application Forms - The employee must obtain the necessary admissions packet from UALR. Application forms for the UALR MSW Program are needed for the full-time and part-time programs at the Little Rock and Fayetteville campus. Application forms requesting entrance into the UALR off-campus program in Fayetteville must be obtained from the Graduate Coordinator at the UALR MSW Program.

B. Admission Criteria - The employee must be accepted into the UALR MSW Program prior to acceptance into the DCFS MSW Educational Leave Program on either a full-time or part-time basis. Information on admissions criteria can be obtained directly from UALR.

C. Completion/Submission of Application Forms - The required application forms must be completed and submitted as indicated by UALR. Pre-application assistance is available through the UALR MSW Program. Upon submission of the required application forms, the employee must forward a Letter of Interest to the DCFS Professional Development Unit.

D. Deadline for Submission of Forms - Application forms must be submitted within the time frames established by UALR. Typically, forms must be submitted by March 1 to be considered for the MSW program beginning in August of the same year.

E. Testing Requirements - The employee is required to take and pass either the Miller Analogy Test (MAT) or the Graduate Record Exam (GRE). The employee must pay all costs associated with the testing and is responsible for submitting the entrance examination score to the UALR MSW Program.

F. Acceptance/Non-Acceptance - UALR will notify the employee regarding the status of his/her application. Upon acceptance, the employee must forward a copy of the notification letter from UALR to the DCFS Professional Development Unit.

A. Recruitment -On an annual basis, DCFS will publicize the availability of educational leave positions and accept applications for full-time and part-time MSW educational leave from qualified DCFS employees. The DCFS Professional Development Unit will distribute the information that generally describes the DCFS MSW Educational Leave Program and the process necessary for acceptance. The process includes successful completion of: 1.) An initial screening, 2.) Application submission, 3.) Selection and recommendation by the DCFS Educational Leave Committee, and 4.) Final approval by the Division Director.

B. Initial Screening Process - The DCFS employee must submit a Letter of Interest to the Program Coordinator/Manager of the DCFS Professional Development Unit. The Letter of Interest may be submitted at any time after the statewide announcement, but no later than April 1 of the year in which the employee plans to matriculate. The Letter of Interest should contain the following, at a minimum:

* A statement expressing the employee's desire to be considered for participation in the DCFS MSW full-time or part-time program, and a request for an application for admission.

* An affirmation that to the best of the employee's knowledge, the employee meets the following minimum eligibility requirements:

* Is a current DCFS permanent employee with at least two (2) consecutive years of full-time regular status employment with DCFS working in child welfare prior to January 1 of the year of application.

* Occupies a grade 22 position or less.

* Has accrued no more than three (3) disciplinary points for infraction of departmental conduct standards during the past two years.

* A statement explaining why the employee is interested in obtaining a MSW degree and how obtaining such a degree would benefit the Division.

* A statement asserting an understanding of and a willingness to fulfill the required work commitment to DCFS if educational leave is granted.

* A statement relating the status of employee's application for admission to the UALR MSW Program.

Within ten (10) working days from receipt of the Letter of Interest, the DCFS Professional Development Unit will determine if the employee meets the minimum eligibility requirements.

If the employee meets the minimum eligibility requirements, the Program Coordinator/Manager of the DCFS Professional Development Unit will:

* Send the employee a letter acknowledging receipt of the Letter of Interest and confirming that the employee meets the minimum eligibility requirements;

* Include a copy of the DHHS-1188 "Application for Part-Time or Full-Time Educational Leave";

* Include a blank copy of "Arkansas Department of Health & Human Services Division of

Children and Family Services Educational Leave Contract (Full-time/Part-time MSW Student)"(CFS-4331) for review;

* Forward a copy of the letter confirming the employee's eligibility for consideration of acceptance to the UALR MSW Program.

If the employee does not meet the minimum eligibility requirements for consideration of acceptance, the Program Coordinator/Manager of the DCFS Professional Development Unit will notify the employee by letter.

C. Completion/Submission of Application Forms - Upon notification of acceptance to the UALR MSW Program, the employee will forward the following documentation to the DCFS Professional Development Unit:

* A completed DHHS-1188 "Application for Part-Time or Full-Time Educational Leave," signed by the immediate supervisor(s) and the Area Manager, if applicable;

* A written recommendation from the supervisor attesting to the employee's attitude, work ethic, and future potential, as required on the DHHS- 1188; or

* A written narrative from the supervisor stating reasons for disapproval, as required on the DHHS- 1188, if applicable;

* A copy of the application and other information submitted to the UALR MSW Program; and,

* A copy of the Letter of Acceptance from the UALR MSW Program.

In the event the employee does not receive supervisory approval on the DHHS-1188, the employee's denied application and other documentation should be routed to the DCFS Professional Development Unit. Upon receipt, the Program Coordinator or Manager of the DCFS Professional Development Unit will forward the denied application to the Division's Assistant Director for Community Services and/or Director for review and disposition.

D. Deadline for Submission of Forms - Completed application forms must be submitted to the DCFS Professional Development Unit within ten (10) days of receipt of the Letter of Acceptance from the UALR MSW Program. Applications must be received by June 1 to be considered for the MSW program beginning in August of the same year.

E. Routing Forms - The routing of the applications will follow prescribed departmental routing procedures, as detailed in the instructions in the DHHS-1188.

F. Notification to Applicants - The DCFS Professional Development Unit will notify each applicant regarding the status of his/her application (DHHS-1188) within ten (10) working days of receipt. Upon acceptance, the applicant will be advised that the application will be submitted to the DCFS Educational Leave Committee for further consideration. When an applicant is rejected, the reason for non-acceptance will be provided.

PROCEDURE (XI-B6): The Selection Process:

A. Committee Responsibilities - The DCFS Educational Leave Committee will review all applicants who have been accepted by UALR and have met the established criteria for the DCFS MSW Educational Leave Program. The review will include conducting in-person interviews to prioritize applicants.

B. Committee Composition - Committee members will be appointed on a yearly basis by the Division Director. The committee will consist of seven (7) individuals, as follows:

* One Assistant Director

* One representative from the Community Services Section

One graduate from the DCFS MSW Educational Leave Program

* Two Area Managers

* One Family Service Worker or Family Service Worker Specialist

* One representative from the University Partnership

C. Criteria for Selection - The committee will assess each application using the following criteria:

* Type of position occupied, with preference given to individuals in Family Service Worker, Family Service Worker Specialist, and Family Service Worker Supervisor positions.

* Length of service with DCFS, with an emphasis on years/months spent in direct service positions.

* Performance evaluation rating from the previous two (2) years.

* Supervisory recommendations.

* Demonstration of the likelihood of continued employment with DCFS in a program serving Title IV-E eligible children, for the contracted period of time following the completion of the educational plan.

* Writing skills.

* Information obtained and observations made during the in-person interview.

D. Deadlines for Review Process - Completion of the committee review, including the screening and interviewing phases, must occur within twenty (20) working days after the DCFS eligibility letters are sent to the applicants.

E. Determining Number of Selectees - The maximum number of educational leave positions available is seven (7) for the full-time program and three (3) for the part-time program. The DCFS Director has discretion to increase or decrease the number of participants in the program.

F. Committee's Recommendation - The DCFS Professional Development Unit will submit committee recommendations and applicant rankings to the DCFS Director within five (5) working days of notification of applicants selected by the committee.

G. Notification to Applicants - Applicants will be notified in writing within ten (10) working days following the selection or non selection of applicants by the DCFS Director.

H. Orientation - The Division will hold an orientation session for all selected applicants. The DCFS Professional Development unit will notify each selected applicant of the date and location of the orientation. The orientation agenda will address the following:

* A discussion of relevant personnel issues.

* An explanation of responsibilities of both the selected employee and the Division.

* An explanation of the Educational Leave Contract (CFS-4331).

* A period for questions and answers.

* Signing and notarizing the CFS-4331.

A Minimum Grade Point to be Attained - The participant must meet all academic requirements of UALR and the UALR MSW program. A minimum grade point average of 3.0 (on a scale of 4.0) must be maintained to remain in the full-time or part-time DCFS MSW Educational Leave Program.

B. Reporting Grade Point - The participant must submit each semester's grades to the DCFS Professional Development Unit within ten (10) working days after final grades are received each semester.

PROCEDURE (XI-B8): Class Attendance Requirements

Each participant in the DCFS MSW Educational Leave Program is expected to attend scheduled classes. A maximum of three (3) classes may be missed during a given semester. In case of a serious illness or emergency, the participant must contact the DCFS Professional Development Unit. Failure to attend scheduled classes will result in contract termination. The participant is considered a regular student and will take the same holidays as authorized by the university. Under the DCFS MSW Educational Leave Program, the participant is required to attend all scheduled summer sessions.

PROCEDURE (XI-B9): Supervision While on Educational Leave

The DCFS Professional Development Unit will be responsible for monitoring the performance and conduct of full-time educational leave participants for the duration of the program. The part-time participant will continue to receive direction from the participant's supervisor during assigned work hours.

PROCEDURE (XI-B10): Documentation Required as Evidence of Graduation

The MSW student must provide the DCFS Professional Development Unit with official notification of graduation no later than ten (10) days prior to the scheduled graduation date.

Upon graduation from the DCFS MSW program, the participant must arrange for UALR to furnish an official transcript to the DCFS Professional Development Unit. This must be provided within twenty (20) working days following graduation. The original transcript will be placed in the employee's official personnel file, housed at the DHHS Office of Human Resources (OHR).

PROCEDURE (XI-B11): Placement into a Position

A. Application Process Requirements - The graduating employee will complete an internal job application. The completed application must be sent to the DCFS Professional Development Unit six (6) weeks prior to the expected date of graduation. The DCFS Professional Development Unit will forward the document to the Assistant Director, Community Services, and the DCFS Personnel Unit.

B. Identification of Appropriate Position - Within three (3) weeks of receiving an internal application, the DCFS Personnel Unit will review the Division's vacancies and identify a position of equal or higher grade than the position the employee held prior to acceptance into the DCFS MSW Educational Leave Program. After the review, the DCFS Personnel Unit will forward the vacancy listing to the DCFS Assistant Director for Community Services and the DCFS Professional Development Unit. In addition to qualifications presented on the application, the geographic preference indicated by the employee will be a consideration in locating an appropriate placement.

Within two (2) weeks prior to graduation, the Assistant Director for Community Services, the DCFS Professional Development Unit, and the appropriate Area Manager will meet to make recommendations for placement. Placement interviews will be scheduled prior to the day on which the employee is scheduled to report to work.

C. Time Frames Related to Placement - The DCFS Professional Development Unit will notify the student of the assigned county and the date for reporting to work. The employee will be placed into a DCFS position within thirty (30) calendar days following the date that the Division is notified of his/her graduation.

D. Personnel Documentation Requirements - The DCFS Personnel Unit will complete and process the Request for Personnel Action (DHHS-1161) and will ensure that all necessary approvals and documentation are attached. The DCFS Director must approve each placement before the employee is notified of the assigned position. A copy of the DHHS-1161 indicating placement of the MSW graduate will be sent to DCFS Professional Development Unit for placement in the graduate's file.

A. Terms of Employee Obligation - As stipulated in the Educational Leave Contract (CFS-4331), the graduating employee must accept employment with DCFS in a direct service position. The employee must work the equivalent of two (2) months for each month of full-time educational leave and one month for each month of part-time educational leave. Attendance in any part of a month will be considered as a full month.

B. Consequences if Employee Violates Terms of Agreement - Failure by the employee to honor the work commitment constitutes a contract violation and will result in the employee becoming responsible for reimbursing DCFS for the full amount expended during the contract period. (See XI-B13 (B2) Breach of Contract/Contract Termination.)

A. Designating Educational Leave Positions Educational leave participants will be placed in a position determined by the DCFS Director.

B. Contracting Requirements In order to formalize an employee's participation in the DCFS MSW Educational Leave Program, a contract between the Division and the employee is required, according to the following guidelines:

C. Salary Received DCFS provides a salary and benefits for each employee in the DCFS MSW Educational Leave Program for the duration of the employee's participation in the program.

D. Rights and Benefits Retained An employee on full-time or part-time DCFS MSW educational leave will retain all regular-status rights and benefits, unless otherwise noted.

E. Personnel Performance Evaluation System/Career Ladder Incentive Program Eligibility The full-time participant in the DCFS MSW Educational Leave Program will not be subject to the annual evaluations required by the Arkansas Personnel Performance Evaluation System (PPES). The part-time participant will be evaluated only if actual work is performed for an equivalent of six or more months, as determined by the employee's PPES rating period. Neither full-time nor part-time participants will be eligible for the Career Ladder Incentive Program (CLIP).

POLICY (XI-C): CHILD WELFARE STUDENT STIPEND PROGRAM

The Division of Children and Family Services (DCFS) participates in a child welfare student stipend program in order to hire more employees with degrees in social work and social work-related fields on a state-wide basis to work in DCFS programs serving Title IV-E eligible children. Any student awarded a stipend is under contract with the Division and will be required to work for DCFS after graduation.

Eligible applicants may attend any participating degree program in the State of Arkansas. The Division and the University Partnership will determine yearly the number of stipends awarded. The Division, in conjunction with Title IV-E university staff, will determine which students will receive stipends.

Students in the BSW and other participating bachelor's degree programs are awarded stipends during their senior year.

DCFS may approve stipends for second year MSW students provided that any DCFS educational leave positions are not filled and the number of MSW stipend students does not exceed the number of vacant educational leave positions.

The following information provides the procedures governing the Child Welfare Student Stipend Program.

PROCEDURE (XI-C1): Process for Receiving a Stipend

Students interested in the Child Welfare Student Stipend Program are required to complete the Child Welfare Student Stipend Application (CFS-4332). Applications are reviewed and recommendations made by the Title IV-E university staff and the DCFS Area Managers. Upon selection the university will submit a copy of the Child Welfare Student Stipend Application (CFS-4332) and the original Child Welfare Student Stipend Agreement (CFS-4330) to the DCFS Professional Development Unit for review. After review, the DCFS Professional Development Unit will forward the CFS-4330 to the DCFS Director for approval and signature.

The student is required to enter into a contract with the Division upon awarding of the stipend. The student must sign and adhere to the provisions of the Child Welfare Student Stipend Agreement (CFS-4330). If the student violates the terms of the contract, the Division will employ remedies to address the identified breach.

PROCEDURE (XI-C2): Selection Criteria

The decision to award a stipend will be based on the following:

* Academic success. The student can not be on probation or in jeopardy of not graduating.

* Interest in child welfare; e.g., volunteer work, attendance at workshops, special training, related work experiences, independent study projects.

* Completion, or plan to complete, one or more courses/seminars with an emphasis in child welfare.

* Willingness to work, following graduation, in any county based on the needs of the Division.

* Agreement by student to complete the number of hours required by the university for field placement, while based in an assigned DCFS county office under the joint supervision of a university field instructor and DCFS supervisor.

* The approval of MSW stipends will occur as outlined in Procedure XI-B6 "The Selection Process".

A. The student commits to fulfill field hours in a DCFS county office, as required by the participating university program.

B. The student commits to accept employment with DCFS for a minimum of one (1) year following graduation.

PROCEDURE (XI-C4): DCFS Commitment to Student

The Division agrees to provide the student trainee with the opportunity to complete the required field hours at a DCFS county office under the joint supervision of a university field instructor and DCFS supervisor.

A. All stipend recipients must complete a "State of Arkansas Employment Application" and send it to the DCFS Professional Development Unit six (6) weeks prior to the expected date of graduation.

B. DCFS reserves the right to designate counties where staff are needed and require students to apply in those counties identified by DCFS.

C. DCFS reserves the right to specify the minimum number of counties in which students must state on the "State of Arkansas Employment Application" that they will accept employment.

D. On the State employment application, the student will list the job title as "Family Service Worker Trainee" and designate the minimum number of counties required by DCFS in which the student is willing to accept employment.

E. Students must accept interviews, answer questions, and otherwise actively participate in the hiring process in an ethical manner. The university designee will coordinate with the DCFS Professional Development Unit to keep students abreast of employment opportunities with the Division and help them follow-through with their commitment to the Division.

F. F If the student is not offered a Family Service Worker Trainee position within sixty (60) days following graduation, the student no longer is obligated to accept employment or repay the stipend.

G. The student must repay any stipend monies received if a field placement is terminated or employment denied due to the results of:

* An Arkansas Central Registry check,

* An Arkansas State Police criminal background check (and, if required, a check by the Federal Bureau of Investigation),

* A drug/alcohol screen, or

* The provisions of the State Vehicle Safety Program are violated.

H. If the student becomes employed by DCFS but chooses to leave prior to fulfilling the stipend commitment, the student must repay the stipend pro-rated according to the number of months worked.

(A) By a person ten (10) years of age or older to a person younger than eighteen (18) years of age:

* Sexual intercourse, deviate sexual activity or sexual contact by forcible compulsion

* Attempted sexual intercourse, deviate sexual activity or sexual contact by forcible compulsion

* Indecent exposure or forcing the watching of pornography or live human sexual activity.

(B) By a person eighteen (18) years of age or older to a person not his or her spouse who is younger than sixteen (16) years of age:

* Sexual intercourse, deviate sexual activity or sexual contact or solicitation or

* Attempted sexual intercourse, deviate sexual activity or sexual contact.

(C) By a sibling or caretaker to a person younger than eighteen (18) years of age:

* Sexual intercourse, deviate sexual activity or sexual contact or solicitation or

* Attempted sexual intercourse, deviate sexual activity or sexual contact.

(D) By a caretaker to a person younger than eighteen (18) years of age:

* Forcing or encouraging the watching of pornography, or

* Forcing, permitting or encouraging the watching of live sexual activity.

(E) By a person younger than ten (10) years of age to a person younger than eighteen (18) years of age:

* Sexual intercourse, deviate sexual activity or sexual contact by forcible compulsion

* Attempted sexual intercourse, deviate sexual activity or sexual contact by forcible compulsion

SEXUAL CONTACT--Any act of sexual gratification involving the touching, directly or through clothing, of the sex organs, buttocks, or anus of a person or the breast of a female. Normal affectionate hugging is not construed as sexual contact.

SEXUAL EXPLOITATION-- Allowing, permitting, or encouraging participation or depiction of the juvenile in prostitution, obscene photographing, filming, or obscenely depicting a juvenile for any use or purpose.

SPECIAL NEEDS CHILD-- A child who is free for adoption and belongs to a group of children for whom the Division does not have an adequate resource of approved applicants to provide a pool of available waiting adoptive families. Other children may be eligible for adoption assistance under this category if they have severe medical or psychological needs that require ongoing rehabilitation or treatment. These children include:

* a Caucasian child nine years or older,

* a healthy child of color who is two years or older,

* or a member of a sibling group of three or more children being placed together who share at least one biological parent and who have either lived together or otherwise developed a bond prior to adoptive placement, and the child is:

* legally free for adoption with parental rights terminated,

* under eighteen years old and whose adoption has not been finalized prior to approval of the subsidy,

* (for the purposes of a State Subsidy only), in DHHS custody, or

* a member of a Non-Custody/Out of Home Placement Services case, or

* (For the purposes of private and independent adoptions only), who is SSI eligible at the time the adoption petition is filed.

Children at high risk for the development of a serious physical, mental, developmental or emotional condition may be considered special needs if documentation of the risk is provided by a medical professional specializing in the area of the condition for which the child is considered at risk, but no subsidy payment will be made without documentation that the child has developed the actual condition. . In order to be eligible for special needs based on developmental delay, documentation must be provided, current within 6 months, attesting to the fact that the child has a delay of 24% or more in two major developmental categories.

SPECIAL SUBSIDY-- A payment to provide for the costs of special services related to the child's needs which cannot be met by the adoptive parent. It may include, but not be limited to, legal/medical/psychological/therapy services and corrective appliances.

STATE ADOPTION SUBSIDY-- Payments for a child who is not categorized as IV-E or SSI eligible at the time of placement for adoption by the Division. Such a child, who meets other defined special needs characteristics, may be eligible for subsidized adoption from state moneys if it has been documented that a reasonable effort has been made to place the child without the benefit of an adoption subsidy. A child must be in DHHS custody to be eligible for a State funded subsidy.

SUBJECT OF THE REPORT-- The alleged offender, the custodial and non-custodial parent, guardian and legal custodians of the child who are subject to suspected maltreatment, and the child who is the subject of suspected maltreatment.

SUPERVISION-- Involves periodic visitation to the home, school, or other places to monitor or observe a child's situation or condition. This service also may include arrangement and observation of visitation.

TRIAL PLACEMENT-- The custody of the child remains with DHHS but the child is returned to the home of a parent for a period not to exceed thirty (30) days.

TRUE-- Determination when the allegation of child maltreatment is supported by a preponderance of the evidence.

UNSUBSTANTIATED-- Determination when the allegation of child maltreatment is not supported by a preponderance of the evidence.

1. Go online with Internet Explorer.

2. Type into the address box:http://www.courts.state.ar.us and then hit the "Enter" key.

3. Under "Online Resources", scroll down to "Arkansas Code" and double left click.

4. The "Arkansas Code" screen will come up.

5. Double left click on "Got to the Arkansas Code".

6. On the screen that comes up, double left click on "HTML Only Version".

7. A search screen will come up on the left side of the screen.

8. Click on the little arrow next to the words "Select Search Form".

9. Click on "Advanced Search" and the Advanced Search Screen will come up.

10. In the top box labeled, "containing all these words:" type in the Arkansas Code you want to find (use only numbers and dashes). Hit the "Enter" key.

11. Either the Arkansas Code you want will come up on the screen OR a list of code will appear on the screen.

12. If you get a list, scroll down to the code you want and click on it.

(1) Promote the health, safety, and welfare of children in the care of a child welfare agency;

(2) Promote safe and healthy physical facilities;

(3) Ensure adequate supervision of the children by capable, qualified, and healthy individuals;

(4) Ensure appropriate educational programs and activities for children in the care of a child welfare agency;

(5) Ensure adequate and healthy food service;

(6) Include procedures for the receipt, recordation, and disposition of complaints regarding allegations of violations of this subchapter, of the rules promulgated under the Child Welfare Agency Licensing Act, or of child maltreatment laws;

(7) Include procedures for the assessment of child and family needs and for the delivery of services designed to enable each child to grow and develop in a permanent family setting;

(8) Ensure that criminal record checks and central registry checks are completed on owners, operators, and employees of a child welfare agency as set forth in this subchapter;

(9) Require the compilation of reports and making those reports available to the division when the board determines it is necessary for compliance determination or data compilation;

(10) Ensure that a child placement agency:

(11) Require that all child welfare agencies that provide adoption services fully apprise in writing all clients involved in the process of adopting a child of the agency's adoption program or services, including all possible costs associated with the adoption program.

The Arkansas Administrative Procedure Act, Ark. Code Ann. 25-15-201et seq., shall apply to all proceedings brought to the Board pursuant to this Act. The Arkansas Rules of Civil Procedure and the Arkansas Rules of Evidence shall also apply to adverse action hearings.

The Department of Health and Human Services, Division of Children and Family Services is designated as the governmental agency charged with the enforcement of the provisions of the Act. Only the Division, licensees, and applicants for a license shall have standing before the Board, except where otherwise provided by law.

The Department of Health and Human Services shall maintain a website accessible to the general public that contains information on child placement agencies. The website shall contain:

(1) The seller shall notify the division of the sale at least thirty days prior to the completed sale

(2) The seller shall remain responsible for the operation of the child welfare agency until such time as the agency is closed or a license is issued to the buyer.

(3) The seller shall remain liable for all penalties assessed against the child welfare agency which are imposed for violations or deficiencies occurring before the transfer of a license to the buyer

(4) The buyer shall be subject to any corrective action notices to which the seller was subject; and

(5) The provisions of subsection (a) of this section, including those provisions regarding obtaining licenses or permits from the Office of Long-Term Care of the Division of Medical Services of the Department of Health and Human Services and regarding obtaining any permits from the Health Services Permit Agency or the Health Services Permit Commission shall apply in their entirety to the new owner of the Child Welfare Agency.

INFORMING CLIENTS OF LICENSE STATUS CHANGES - Child Placement Agencies

The Child Placement Agency shall inform current and potential clients if their license has been suspended or revoked, or if they have voluntarily surrendered their license.

How To Apply The Standards

Section 100 of the Minimum Licensing Standards for Child Welfare Agencies applies to all agencies that engage in residential care or placement of children into residential facilities, foster homes, or adoptive homes. Subsequent sections apply to specific types of residential facilities or child placement agencies. Not all sections of the Minimum Licensing Standards for Child Welfare Agencies apply to a specific license. Each agency must meet the license requirements of its agency category.

Alternative Compliance

The Board may grant an agency's request for alternative compliance upon a finding that the child welfare agency does not meet the letter of a regulation promulgated under the Child Welfare Agency Licensing Act, but that the child welfare agency meets or exceeds the intent of that rule through alternative means.

If the board grants a request for alternative compliance, the child welfare agency's practice as described in the request for alternative compliance shall be the compliance terms under which the child welfare agency will be held responsible and violations of those terms shall constitute a rule violation.

100.1 Applications & Licensing Procedure

100.2 Monitoring & Corrective Action

100.3 Organization & Administration

100.4 Central Registry & Criminal Record Checks

100.5 General Personnel Requirements

All personnel employed on or after April 12, 1999 shall meet the following requirements:

100.6 Administrator

100.7 Social Services Director

100.8 Caseworkers

100.9 Volunteers & Student Interns

100.10 Visiting Resources

A visiting resource is defined as a non-related situation in which a visit occurs away from the facility, excluding normal age-appropriate activities such as overnight visit with friends, extra-curricular activities, church activities, or short-term summer camps. Records shall include the following:

100.11 Admission

100.12 Intake & Assessment

100.13 Case Planning

100.14 Children's Records

The agency shall keep a confidential case record for each child that includes the following:

100.15 Behavior Management

100.16 Exploitation of Children

100.17 Ethical Standards

The Arkansas Child Welfare Agency Review Board sets forth this section as a Code of Ethics/Standards for Practice for all child placement agencies within the State of Arkansas that place children in adoptive or foster homes pursuant to A.C.A. 9-28-401. Violations shall

Violations shall be grounds for disciplinary action.

Unprofessional conduct in the practice of child placement activities shall include, but not limited to the following:

100.18 Discharge

200.1 Selection of Foster Home

200.2 Approval of Foster Homes

200.3 Personal Qualifications/Home Study

200.4 Physical Requirements of the Home

200.5 Sleeping Arrangements

200.6 Medications

200.7 Transportation

200.8 Responsibilities of Foster Parents

200.9 Monitoring & Re-evaluation

200.10 Visitation

The standards in 200.10 do not apply to children in short term foster care awaiting adoptive placement.

200.11 Agency Responsibilities

270.1 Therapeutic Foster Home Capacity

270.2 Staffing Requirements, Staff Training & support

270.3 Therapeutic Foster Parent Responsibilities

270.4 Therapeutic Foster Parent Training

270.5 Medications

270.6 Service Delivery

300.1 Selection of Adoptive Home

300.2 Approval Process of Prospective Homes

300.3 Contents of the Home Study

The adoptive home study shall contain the following information, current to within one (1) year prior to each adoptive placement: The home study shall be approved only by the social worker or agency conducting the home study.

300.4 Services to the Adoptive Parents

300.5 Services to Birth Parents

If the agency is providing casework services to either birth parent, the following services shall be offered:

300.6 Birth Parent Records

The agency may elect to keep birth parent records and the child's records in the same file. If the agency has provided casework services to the birth parents, the following information shall be kept in a confidential file:

300.7 Adoptive Family Records

The agency shall keep a confidential case record for each family that received a child for adoption. The record shall contain:

300.8 Record Maintenance

400.1 Admission

400.2 Personnel

400.3 Staff Training

400.4 Personal & Medical Care

400.5 Education, Work, & Training

400.6 Grounds

400.7 Buildings

400.8 Sleeping Arrangements

The facility shall provide bedrooms for the children that meet the following requirements: