Arkansas Administrative Code
Agency 016 - DEPARTMENT OF HUMAN SERVICES
Division 15 - Children and Family Services
Rule 016.15.08-009 - Pub 30 Foster Parent Handbook and Recind CFS-365 Receipt for Medical Passport of a Foster Child - Incorporated in CFS-362

Current through Register Vol. 49, No. 9, September, 2024

ABOUT THIS HANDBOOK

This handbook has been prepared to provide foster parents with information they will need to become a foster family and to maintain standing as a foster family. This handbook contains the standards that are required for a family to become approved to operate their home as a foster family and information about the role of a foster family. Please read this entire handbook to be familiar with the standards for which a family is responsible, and to ensure the family's continued compliance. Please contact the designated resource worker with questions about compliance or any of the licensing standards.

This handbook is only a reference guide. Contact a local DHS County Office for clarification and interpretation of any information provided in this publication.

To help focus the reader's attention to changes, sections with modifications to content are denoted with "[RIGHT POINTING INDEX]" at the beginning, and followed by "[LEFT POINTING INDEX]", and are underlined.

FOSTER PARENT HANDBOOK INTRODUCTION

The Division of Children and Family Services (DCFS) is a licensed Child Welfare Agency and all of its approved foster family homes must be in compliance with all licensing requirements. The Child Welfare Licensing act defines a "Foster Home" as private residence of one (1) or more family members that receives from a child placement agency any minor child who is unattended by a parent or guardian in order to provide care, training, education, custody or supervision on a twenty-four-hour basis, not to include adoptive homes (see Minimum Licensing Standards for Child Welfare Agencies. DCFS PUB-22). Although the licensing standards' definition of a foster family home does not include adoptive homes, DCFS foster homes and adoptive homes must meet the same licensing standards to comply with federal funding regulations.

Family Foster Care is a program designed to provide a substitute family life experience in a DCFS approved home, Relative Foster Home, or licensed facility for a child who needs care for a temporary, or in some instances, for an extended period of time. During this time, the birth/legal family is either nonexistent or dysfunctional due to social, emotional, economic, and/or physical reasons. Foster care is founded on the premise that all children have a right to a safe and supportive environment in which to grow.

The purpose of foster care is to provide a healthy home and community experience for the child while the conditions which caused the placement away from the birth/legal family are being resolved. Thus, foster care is intended to be temporary. The length of a child's stay in foster care will depend a great deal on the conditions which caused the placement and the time and the resources available to resolve them. The goal of foster care is to work toward a permanent placement for the child, preferably, return to the birth/legal parents.

Foster care is a team effort involving DCFS, the foster family parents, the child in foster care, and the birth/legal parents. When all those directly involved in the situation understand their own and each others' roles and cooperate as team members in a team effort, the quality of the experience for all is increased, and the effect on the child's future well-being is greatly improved.

Good communication among all team members, as well as mutual respect, understanding, and honesty is essential for achievement of foster care goals. All team members share the responsibility for ensuring that lines of communication are kept open and in use.

Because of the difference in responsibilities and perspectives, conflicts may arise. How well conflicts are worked out will determine the success with which the team is able to serve the needs of the child.

Types of Foster Homes

In order to adequately serve the diverse needs of children who require out-of-home placement care, DCFS recruits foster parents, who may elect to have their home designated as one of the three following types:

Provisional Foster Homes

In an effort to preserve family connections and expedite placement of children, the Division may place a child in foster care with a relative ("Relative" means a person within the fifth degree of kinship by virtue of blood or adoption) if one has been identified and is appropriate. This type of placement is classified as a "Provisional foster home". The purpose of opening a provisional foster home is to enable DCFS to make a quick placement for the child with a relative with whom a bond already exists. Once opened as a provisional home, DCFS staff works with the foster parents in that home to bring them into full compliance within a six (6) month period. Provisional Foster Homes shall not be paid a board payment until the relative meets all of the licensing requirements and DCFS standards and is reclassifed as a regular foster home.

The child is in the custody of the Department, therefore, the child shall remain in a licensed or approved foster home, shelter or facility until the relative's home is opened as a provisional home, regular foster home or the court grants custody to the relative or other person after a written, approved home study is presented to the court.

Provisional relative foster homes must meet all provisional foster family home requirements. These are a review of the home that includes a visual inspection, an expedited Central Registry check, an expedited criminal background check, and a vehicle safety check.

Relative Foster Homes

Relative Foster Homes are homes in which adult relatives are recruited by the Family Service Worker to provide 24 hours per day care of children who are related to the Relative foster parent by blood or marriage. These homes must meet all of the minimum licensing requirements for a Foster Family Home. There will be no distinction in licensing requirements between Relative foster homes and all other approved foster homes in Arkansas. Relatives may choose to be classified only as a Relative Foster home and will be designated only for placement of relative children. If the relatives choose to be classified as a regular Foster Home, they will be designated for the placement of both relative and non-relative children.

Once permanency is achieved for the relative children placed in a Relative Foster Home, relatives may choose to become a regular Family Foster Home if they remain in compliance with licensing standards. This will be a decision made by both the relatives and DCFS based on the best interest of the relative children.

Relative Foster Homes are to receive an approval letter and certificate CFS-481 identifying approval as a Relative foster family. A new approval letter should be issued if the family becomes a regular foster home.

Regular Foster Homes

While foster parents who are initially recruited to provide care for relative children may elect to care for non-relative children, regular foster homes care for children who are not related to the foster parents. These types of home are generally recruited and trained to care for children in foster care in a non-specific general population.

RESPONSIBILITIES OF THE FOSTER CARE TEAM

Foster Child

Children have certain inherent rights based on their special status as children and their inability to care for themselves. Among these inherent rights are the right to live with their birth/legal family and to receive love, protection, nurturance, and support until they reach the age of majority; the right to be free from harm, neglect, and abuse; to receive an education; to have physical care and medical attention; to enjoy all facets of family life; to be disciplined and to receive religious and moral training, and to grow into self-sufficient, independent young adults.

When a child's right to live with his or her own birth/legal family is in jeopardy, the child has a right to be represented by legal counsel and to have their legal rights protected in any judicial procedure which addresses custody or guardianship. DCFS has certain responsibilities to children who have been removed from the custody of their birth/legal parents. Responsibilities of DCFS to foster children are as follows:

* To place the child in a family foster home, Relative foster home, or, other substitute care facility that can best serve the child's needs and is the least restrictive environment;

* To place the child close to birth/legal parents to allow frequent contact;

* To have regular visits for the child with birth/legal parents, siblings, and others with whom there is a significant relationship, unless restricted by court order;

* To give the child honest information regarding all decisions;

* To provide the child the basic rights inherent to all children as stated above;

* To allow the child to participate in case planning, conferences, staffings, and court hearings, etc., whenever possible and age appropriate;

* To keep a record for each child that includes legal documents; e.g., birth certificate, social security card, court orders.

* To help the child return to the birth/legal parents' home at the earliest possible time or to be legally freed to form new family ties with relatives or adoptive parents; and

* To prepare the child for independence.

Birth/Legal Parents

Birth/legal parents are the key to long-range planning for the child in foster care. They are central members of the foster care team. The child began with them, identifies with them and, in most instances, has a longing to return to them. The return home of the child is dependent on his birth/legal parents' ability to improve their situation. Otherwise, the birth/legal parents face the possibility of long-range plans being made which may include termination of parental rights. With the exception of parents of children for whom DHS is guardian or birth/legal parents whose rights have been permanently terminated, DCFS has certain responsibilities to the birth/legal parents of children placed in the custody of DHS.

Responsibilities of DCFS to birth/legal parents are:

* To offer and provide services directed toward preservation of the family as a unit and the avoidance of foster care if at all possible;

* To inform the birth/legal parents of the reason for removal of the child when foster care is necessary;

* To advise birth/legal parents that they may seek the assistance of an attorney any time a legal action involves the child. Arkansas law requires that defendants have the opportunity to be represented by legal counsel at all stages of court proceedings. If it is determined by the court that a parent or legal guardian, based on their financial resources, is unable to pay for an attorney, the court will appoint an attorney to represent them;

* To understand birth/legal parents without criticism, denigration or judgment and to acknowledge that the birth/legal parents share in the child's life;

* To advise birth/legal parents of what parental privileges are retained while the child is in foster care;

* To advise birth/legal parents of what conditions must be met in order to have the child returned to them;

* To include birth/legal parents in developing the case plan for the child;

* To provide birth/legal parents every possible assistance and service for resolution or correction of conditions necessary for return of the child;

* To insure that birth/legal parents have full cooperation from all foster care team members toward achievement of case goals; and,

* To return the child to the birth/legal parents' home when the necessary changes or conditions required by the court or DCFS have been made.

Responsibilities of birth/legal parents are:

* To cooperate as a foster care team member by participating in staffings, and court hearings;

* To maintain contact and communication with the child, including keeping appointments for visitation and placing and returning calls;

* To help develop and follow the case plan, thereby, achieving permanency for the child;

* To notify DCFS at the earliest possible time if they are no longer willing to work toward reunification and they wish to relinquish their parental rights and/or that another relative exists who would offer a permanent home to the child;

* To make necessary changes or correct conditions which prevent the child's return;

* To provide emotional support for the child;

* To be involved, whenever possible, in specific activities affecting the child such as medical care, religious, and social events; and,

* To provide financial support for the child. The court may designate an amount for the birth/legal parents to pay.

Family Foster Parents, Provisional Relative Foster Parents and Relative Foster Parents

It is the responsibility of foster parents, Relative foster parents, and Provisional foster parents to provide twenty-four hour nurturing care to the foster child. They also have a responsibility to help the child develop a good self image and have positive feelings about their past, present, and future.

As temporary substitute parents, foster parents are close to the foster child on a day-to-day basis. This closeness allows the foster parent to function as a vital member of the foster care team. As such, the foster parents are in an excellent position to evaluate the child's current needs and ensure that those identified needs are being met by the foster family or through resources in the community.

As team members with a unique perspective of the child, foster parents can contribute a special knowledge to DCFS and to the birth/legal parents including information about the child's behavior, relationships with playmates and other members of the foster family, and adjustment to school and to the neighborhood.

By observing the child's relationship with their birth/legal parents and the child's reactions to visitation, foster parents can enhance the DCFS work with the birth/legal parents. In some instances, the foster parent may also serve as actual role models for the birth/legal parents. This role modeling may be the first opportunity the parent has had to observe and learn effective parenting skills.

The responsibilities of DCFS to Foster Parents, Provisional Relative Parents and Relative Foster Families are:

* To provide pre-service training and continuing education for the role as family foster parents;

* To provide all available information concerning the child and the birth/legal family situation to enable them to make an informed decision about the ability or inability to provide care for the child in one's home and participate in the case;

* To involve them as a team member in pre-placement activities and case planning as well as staffings, and court proceedings;

* To ensure that they have a clear understanding of their role as well as the role of other team members in achieving case goals;

* To provide them with a board payment for food, clothing and shelter for the children in their care;

* To allow them to continue their own family patterns and routine, as much as possible;

* To allow them to request the removal of a child from one's home, with notice;

* To give advance notice, whenever possible, when a child is to be removed from one's home; (See the section entitled "Support to Foster Families and Relative Family Foster Homes" for additional information)

* To promptly inform them of any complaint against their home or of any condition or problem in the home which adversely affects the "approved" status as family foster parents and to provide guidance and support toward resolution of the condition or problem (See section on Complaints Against Foster Family Other Than Child Maltreatment.)

* To provide access to a grievance procedure when differences arise with DCFS which have not been resolved to their satisfaction (See section on Foster Parent Grievance Procedure); and,

* To inform them of DCFS programs, services, and policies which relate to foster family care.

The responsibilities of Family Foster Parents, Provisional Relative Parents and Relative Family Foster Parents to DCFS, the child and the child's family are:

* To participate in family foster parent pre-service training and continuing education programs designed to enhance their ability to care for foster children;

* To assist in the development of an individualized training plan and follow the plan;

* To abide by the policies and the decisions of DCFS and accept the supervision of DCFS;

* To utilize DCFS resources, community resources, and court activities as a team member with pertinent information based on day-to-day knowledge of the child in their care;

* To assist the child and DCFS in planning and achieving the child's return to their parents' home or to a permanent placement;

* To communicate with the attorney ad litem about the status and needs of the child so that the attorney can present to the court a complete and accurate picture of the client;

* To attend court and present information about the child, when required;

* To provide a nurturing family life experience for the child including guidance, intellectual stimulation, affection, and appropriate discipline;

* To train and discipline children with kindness and understanding;

* To establish well defined rules, set expectations and limits consistent with the child's age, and clearly establish that there will be consequences for inappropriate behavior. The child will be apprised of the behaviors and actions that are not acceptable prior to any discipline being administered;

* To train and teach each child using techniques that stress praise and encouragement; discipline should be positive not negative;

Children shall not be subjected to verbal abuse, derogatory remarks about themselves or their family members; nor should foster parents threaten to have the child removed from the foster home.

* To provide food, clothing, shelter and personal care;

* To lock up all cleaning supplies, insecticides, gasoline, hazardous tools, knives, guns, or similar dangerous objects, and medicines for household members including foster children. Guns must be unloaded and stored in a secure, locked location separate from ammunition. Foster parents shall administer medications only in accordance with directions on the label. All medications for household members including foster children shall be stored in a secure location, and psychotropic medications shall be kept securely locked. Foster parents shall be aware of possible side effects of all medications. Foster parents shall keep a log of all medications dispensed (Please use log provided in the appendix);

* To provide for enrollment and regular school attendance when age appropriate in an accredited school and to encourage the expression of the child's strengths and special talents. Home Schooling is not allowed;

* To cooperate with DCFS in arranging for routine medical and dental care as well as ensuring that the child receives appropriate care during any illness; to accompany the child on all medical appointments; to monitor the child's intake of medicine (prescription or non-prescription);

[RIGHT POINTING INDEX] To protect foster children from exposure to second hand smoke and take every precaution to ensure the health and safety of the children in their home. Foster parents should not directly expose foster children to secondhand smoke. Arkansas state law prohibits exposing a child under the age of 6 and less than 60 pounds to cigarette smoke while confined in a car seat. [LEFT POINTING INDEX]

* To maintain a record of health care, especially immunization records via Medical Passport;

* To keep a lifebook for the child to record developmental progress as well as regular and special events in the child's life while the child is in their home;

* To speak positively of the child's birth/legal family;

* To maintain absolute confidentiality of information about the child and the child's birth/legal family;

* To support the case plan, including the visitation plan and help the child feel comfortable with this;

* To maintain open communication with all team members, including communication with the child's birth/legal family when contact between foster parents and the family is part of the case plan;

* To notify DCFS of any pertinent conditions, problems, or major family changes;

* To provide the child with opportunity for recreational activities and for participation in family, school, and community activities;

* To provide information to the Family Service Worker that will be useful in case planning, to participate in staffings and court hearings;

* To assist in preparing the child and showing support for any move that must be made (to birth/legal parents' home, relatives, another foster home, or an adoptive home);

* To keep the terms of the Initial Foster Home Agreement, CFS-462 and Foster Home Agreement Addendum, CFS-462A; and,

* To notify DCFS of any needs, requests, pertinent changes or problems.

Foster Parents are prohibited from using corporal punishment on a foster child.

Methods of discipline that are unacceptable for use by foster parents with the child include but are not limited to:

THE DEPARTMENT OF HUMAN SERVICES AND ITS AGENT, THE DIVISION OF CHILDREN AND FAMILY SERVICES

DHS, acting through DCFS, serves as the court-appointed legal custodian of the child and has the ultimate responsibility for ensuring that the child has the best possible foster care experience and that appropriate long-term plans are made. There is also a direct vested interest in resolution of the problems or conditions affecting the status of the birth/legal family. The cooperative efforts from the courts, other agencies, and community resources are necessary to ensure that responsibilities to the child and assistance in resolution of problems or conditions affecting the child's birth/legal parent are carried out.

Department/Division responsibilities are:

* To serve as the court-appointed legal custodian of the child;

* To provide the foster child, birth/legal parents, foster family, and Relative foster family with the necessary support services to accomplish goals set out in the case plan;

* To work with birth/legal parents, foster families, and Relative foster families to see that the child's emotional needs are met;

* To conduct regular staffings, and to schedule and attend statutorily required hearings;

* To provide necessary medical or psychological services, evaluations, care or treatment needed by the child;

* To ensure that the child has planned regular visitation with his birth/legal parents; or, if there are barriers to visitation, to provide services directed toward removal or reduction of barriers to visitation;

* To ensure visits for the child with siblings by planned regular contact (at least every two weeks);

* To maintain regular contact with all team members according to the case plan;

* To keep all team members informed of significant changes in the status of the case or individual team members;

* To provide opportunity for religious experiences with respect for the child's and birth/legal parents' religion;

* To take the legal steps necessary to place the child in a permanent home when return to the birth/legal parents is not possible within a reasonable length of time, usually not more than one year;

* To keep the terms of the Initial Foster Home Agreement, CFS-462 and Foster Home Agreement Addendum, CFS-462A ; and,

* To communicate with the foster child's school about custody and other issues that might impact the child's ability to learn.

APPROVAL, TRAINING, AND SUPPORT OF FAMILY FOSTER HOMES AND RELATIVE FOSTER FAMILY HOMES

Family Foster Home and Relative Foster Home Approval Process

The process of preparing and evaluating prospective family foster parents is termed a family foster home assessment. An assessment will be conducted prior to the placement of a child in one's home.

The purpose of the family foster home assessment is threefold: first, it is to educate candidates; second, it is to assess their character, suitability, and qualifications to open a foster home, or Relative foster family home; and third, it is to see that they meet the Standards for Approval of Family Foster Homes, PUB-022.

Providing appropriate information is essential in order to make an informed decision to pursue operation of one's home as a family foster home based on the realities of the foster care system.

Assessing the character, suitability, and qualifications of the family to operate a family foster home will be done in relation to the following areas:

* The family's capability to provide for the needs of a child who is placed in their care;

* The family's ability to accept and encourage the child's relationship with the birth/legal family;

* The family's ability to relate to the child in a helpful way; and,

* The family's ability to work as part of a team with DCFS staff, other agencies, and community resources to reach the goals set forth in the case plan.

There can be no roomers or boarders in the home. Family members are not considered roomers or boarders.

Families that move to Arkansas from another state where they have been approved as a foster family must complete the entire approval procedure of the Arkansas DCFS.

Other standards include:

* Age - The minimum age is 21 years. Alternative compliance must be obtained if one or both applicants are age 65 or over or when one or both spouses of a currently opened family foster home reaches age 65;

* [RIGHT POINTING INDEX] Health - All household family members must pass a medical exam (within six [6] months prior to the approval) and have a doctor's recommendation at the time the home is initially approved. Each foster parent and every family member must repeat the exam yearly to remain in compliance. All members of the household older than twelve (12) years shall receive a Mantoux skin test for tuberculosis and thereafter must repeat the test yearly to meet the standards for re-certification. Household members with a positive skin test must provide documentation every year certifying that they are free from communicable tuberculosis; [LEFT POINTING INDEX]

* Physical Disabilities - Physical disabilities of any of the family members will be evaluated to determine the effect, if any, the disability has on the family's ability to provide adequate care for a child and how the disability may affect a child's adjustment to the family;

Marriage and Divorce - Proof of marriage and evidence of stable marriage of at least two (2) years duration and stable family situation; proof of divorce for at least 1 (one) year. Staff may request an Alternative Compliance if the prospective foster parent has been divorced for less than one year and meets all other licensing standards. If foster parents divorce, the Resource Worker will complete a re-evaluation of the home and obtain an Alternative Compliance.

[RIGHT POINTING INDEX] In situations where an unmarried foster parent has plans to marry, the CWAL board shall be petitioned to grant an alternative compliance. DCFS staff must ensure that the future spouse is interviewed to discuss his/her compliance with the "Personal Characteristics" outlined in Pub-22 "Standards for Approval of Family Foster Homes." The intended spouse must have all background checks completed with the results. Once this is completed, a request for an alternative compliance must be sent to the DCFS Director for approval before the future spouse can be approved for training. The alternative compliance request must include clear documentation concerning the stability of the relationship between the foster parent and future spouse. The DCFS Director will not approve any request for alternative compliances to go before the licensing board unless there is clear documentation on the stability of the future spouse and stability of the relationship. Some examples of the stability of the relationship are length of time of relationship, length of engagement, where the couple plans to live; whether other children are involved, and the impact of the relationship on the foster children or other children involved. If the DCFS Director approves the alternative compliance to go before the licensing board, the future spouse can be scheduled for Foster Adopt Pride training. All unmarried foster parents must notify the Division as soon as they are aware of any plans to marry so that the application process can be initiated on the intended spouse. The foster parent must understand that the Division must obtain an alternative compliance before the intended spouse can take on the role as a foster parent and reside with foster children. [LEFT POINTING INDEX]

* [RIGHT POINTING INDEX] Family Composition - A Foster home may have up to eight (8) children in their home. This may consist of up to five (5) un-related children in foster care, and up to three of the foster parent's own children. Or in the case of sibling groups, the foster home may have up to eight related children in foster care. In this instance, the total number of the foster parent's children who reside in the home will determine the number of children from one sibling group that may be placed together in the home.

For example:

No children of the parents and 8 children in care who are all related

1 biological or adopted child of the parents and 7 children in care who are all related.

2 biological or adopted children of the parents and 6 children in care who are all related.

3 biological or adopted children of the parents and 5 children in care who are all related or unrelated. Including the foster parent's own children, the foster home may have no more than two children under age two and no more than three children under age six. [LEFT POINTING INDEX]

* Parenting Ability - Ability to provide a nurturing family life experience for the child including guidance, intellectual stimulation, affection, and appropriate discipline;

* Employment - In two-parent homes where the parents are both employed outside the home or in a single-parent home where the parent is employed outside the home, careful consideration must be given to the age and characteristics of the children for whom the home wishes to provide care as well as to the family's plan for child care. Stable employment history is required of the primary wage earner in the family foster home. The family foster home shall not be licensed as a Child care Family Home;

* [RIGHT POINTING INDEX] Income - Evidence of stable income sufficient to meet the needs of one's family is required for approval. The foster family shall provide documentation of sufficient financial resources to meet their needs. The family shall have sufficient, reliable income to assure stability and security, without including the board payment. Management of income shall be considered more important than amount of income. Keeping children is foster care is not a profitable venture. [LEFT POINTING INDEX]

* Physical Standards - Location, condition, and physical layout of the home will be considered. Physical conditions of the home shall present no hazard to the safety or health of a child. The home should have two exterior doors situated to provide safe exit; 50 square feet of sleeping space per foster child; an opening window, large enough that the child can exit through it, in each bedroom where a foster child sleeps; stacking of baby beds is prohibited;

* A functional land-line telephone is required;

* Transportation - The family foster parents shall maintain a mode of transportation which complies with state motor vehicle laws and shall allow foster children to be transported only by a licensed driver and must have proof of current insurance. Reliance on others outside the family household will be considered for Relative placements and will require an Alternative Compliance. This resource must be identified in advance of provision of the transportation and the person must meet the same requirements as a foster parent (proof of licensure; proof of vehicle insurance; a valid vehicle safety record check; and a Central Registry check); foster children shall be transported only while wearing safety belts, or in child safety seats, according to Arkansas law;

* Home Environment - Cleanliness of the home will be considered;

* [RIGHT POINTING INDEX] Central Registry - A Child Maltreatment Central Registry Check will be conducted on family foster parent applicants and each member of the household age ten (10) years or older, including any state where either the applicant or household member work if different from their state of residence. A registry check will also be conducted in any other state where the applicant has worked or resided during the preceding six (6) years. The Division will repeat the Central Registry Checks every two (2) years. Successful completion is necessary before referral to foster family training. Expedited checks will be done on Provisional foster homes; [LEFT POINTING INDEX]

* [RIGHT POINTING INDEX] FBI Finger-print Based Criminal Record Check - A finger-print based FBI criminal background check will be conducted on foster parents and any other members of the household sixteen (16) years of age or older, excluding children in foster care. Conducting a finger-print based criminal record check is not necessary to open a provisional foster home; [LEFT POINTING INDEX]

* Criminal Record Check - An Arkansas State Police Criminal Record Check will be conducted on the family foster parents and all members of the household age fourteen (14) and older. The Division shall repeat the Criminal Record Check every five (5) years. Successful completion or approval of alternative compliance is necessary before referral to Adopt/Pride training; Pub. 04, Minimum Licensing Standards for Child Welfare Agencies includes the Child Welfare Licensing Act which outlines Criminal Background results that cannot be presented to the Board for Alternative Compliance;

* [RIGHT POINTING INDEX] Motor Vehicle Safety Check - A motor vehicle safety check will be conducted on each household member who will be responsible for transporting foster children. Each member must have a current, valid driver's license. The foster family members must be in compliance with the Arkansas Motor Vehicle Safety program. DCFS will check the driving record (violation points) for each potential foster parent. The Arkansas State Vehicle Safety Program sets the maximum number of traffic violation points a foster parent may be allowed. It is the foster family's responsibility to report any traffic violations to their Resource Worker within twenty-four (24) hours; [LEFT POINTING INDEX]

* References - A minimum of 3 references familiar with one's child caring experiences and practices will be contacted regarding the character and ability to provide for children.

* [RIGHT POINTING INDEX] Smoking

DCFS policy is that second hand smoke is detrimental to a child's health and the presumption will be that it is not in a child's best interest to be placed in a foster home that permits smoking in the presence of a child in foster care. To rebut this presumption, the worker must clearly identify why it is in the child's best interest to be exposed to second hand smoke.

DCFS shall not place or permit a child in foster care to remain in any foster home if the foster parent smokes or allows anyone else to smoke in the presence of any child in foster care unless it is in the child's best interest to be placed in or remain in the foster home.

All foster parents will complete DCFS form Foster Parent Smoking Certification, CFS-363 and identify if the foster parents will permit smoking in the presence of a child in foster care.

Foster parents will indicate if smokers in the home or who visit the home will be permitted to smoke while in the presence of a child in foster care. If the foster parent indicates smoking will not occur in the presence of a child in foster care, then children in foster care may be placed in this foster home and DCFS will designate the home a "non-smoking" foster home.

If a foster parent indicates that smoking will occur in the presence of a child in foster care, the foster home will be designated a "smoking" foster home and no child may be placed or remain in the foster home unless it is in the child's best interest to be placed in or remain in the foster home.

The Area Manager will sign and submit the CFS-363 along with any supporting documentation for review and signature to the Assistant Director of Community Services requesting a finding that it is in the child's best interest to be placed in or remain in a smoking foster home. No child in foster care shall be placed in a smoking foster home without a waiver from the Assistant Director of Community Services.

For children in foster care who are currently in smoking foster homes, the worker shall make an individual assessment of each child's case and determine if it is in the child's best interest to remain in the smoking foster home. If so, the Area Manager shall complete a CFS-363 and submit the form along with any supporting documentation to the Assistant Director of Community Services requesting a finding that it is in the child's best interest to remain in the smoking foster home. If it is not in the child's best interest to remain in the smoking foster home, a plan shall immediately be developed to properly transition the child to a non-smoking foster home.

State law prohibits smoking in a vehicle if a child in the car is under the age of six (6) and weighs less than sixty (60) pounds. Thus, no foster parent or DCFS employee may smoke in the vehicle when transporting a child in foster care who is under the age of six and weighs less than 60 pounds.

In accordance with A.C.A. 20-27-1804, smoking is prohibited in all vehicles and enclosed areas owned, leased or operated by the State of Arkansas, its agencies and authorities. Therefore, DCFS staff may not smoke in a state vehicle OR in their private vehicle when a child in foster care is present. Foster parents are strongly discouraged from smoking in a vehicle when a child in foster care is present. [LEFT POINTING INDEX]

Alternative Compliance & Waiver Requests

[RIGHT POINTING INDEX] DCFS bases its standards of care and character on the Child Welfare Agency Licensing Act (CWALA). If it is believed that an applicant to become a foster parent possesses special abilities or circumstances which would make them good foster parents in spite of their inability to meet a standard, the county office may request an approval for alternative compliance or a waiver from policy.

An alternative compliance is a request for approval from the Child Welfare Agency Review Board (CWARB) to allow a licensee to deviate from the letter of a regulation, provided that the licensee has demonstrated how an alternate plan of compliance will meet or exceed the intent of the regulation. What is proposed as an alternative to compliance with policy or standards will comply with the intent, if not the actual requirement.

A Policy Waiver Request is a request to deviate from the letter of the DCFS Policy, procedures and standards. Waiver requests may be approved by the Director of DCFS.

All policy waiver and alternative compliance requests will be approved or denied based on the individual circumstances of the foster parent applicant. Safety and welfare of the child(ren) involved will be paramount.

If a foster parent or applicant has questions or concerns regarding alternative compliance or waiver requests, they should consult their Resource Worker. [LEFT POINTING INDEX]

Training

DCFS recognizes the child's right to be placed in a home able to deal with the special problems and traumas of out-of-home care. Foster parenting is a specialized field, different from parenting one's own children, and for which special training is essential. As foster parenting is far too complex to be covered in one course, DCFS will provide opportunities for training of prospective family foster parents and training related to the special needs of children in out-of-home placements. An individualized training plan will be developed taking into consideration the age and characteristics of children for whom the foster parent has expressed preferences.

Pre-Service Family Foster Parent Training

Successful completion of the assessment and, if applicable, approval of alternative compliance or policy waiver, is necessary before referral to foster family training. Training of prospective Family Foster Parents, Provisional Foster Parents and Relative Foster Parents will be done by using group processes, but may be done on an individual basis when necessary. All family foster parents shall complete a minimum of 30 hours of pre-service training prior to accepting the first child. In addition to the 30 hours of pre-service training, the foster parent(s) shall have current CPR and First Aid Training. No child will be placed in the foster home until the foster parent(s) has obtained CPR Certification and completed First Aid training.

First Aid and CPR training and certification will only be accepted from a certified trainer associated with the American Heart Association, the National Safety Council or the American Red Cross. First Aid training provided through the National Safety Council must be the Standard First Aid, not Basic First Aid. All CPR classes must cover infant, child and adult methods. Prospective foster parents must obtain a certification card from the trainer representing the certifying national organization. DCFS staff will coordinate the CPR and First Aid training with the national organization.

Continuing Education

DCFS will require participation in local educational and training opportunities. Each family foster parent shall annually participate in a minimum of 15 hours of approved training. This additional 15 hours becomes due at the end of the second year that a foster home is in operation. The same training classes cannot be repeated yearly. Training classes may cover a wide range of topics related to parenting, child development, behavior problems, medical needs, etc., and may be offered by educational systems (college, university, local school system), Health Department, Community Mental Health Centers, the Foster Parent Association and others. Special TV programs related to child abuse, parenting adolescents, etc. may also be considered training. However, videos, TV programs, online courses and books are only accepted on a limited basis. No more than 5 hours of videos, books, or online courses or TV programs for each foster parent will be accepted per year and must have prior approval by the Area Manager or their designee. To be considered as training these programs must be discussed with the Resource Worker assigned to the family foster parents and receive prior approval before the program is viewed. Participation shall then be documented in the family foster home case record. The DCFS County Office will inform all foster parents of any training and educational opportunities known to them. CPR training is not allowed to be counted toward the required fifteen (15) hours. The CPR requirement may not be taken on-line.

A statewide foster parent training conference and area wide conferences are held yearly, if funds are available, to give foster families and Relative foster families the opportunity to obtain the required hours. Both in-state and out-of-state conferences may be considered training. Funds may be available to defray expenses for these educational opportunities. Prior approval is required for reimbursement. Contact a Resource Worker.

The appropriate DCFS County Office will maintain the training record, both DCFS and non-DCFS sponsored. Foster parents are responsible for reporting to their Resource Worker participation in non-DCFS sponsored training. Evidence of attendance (training certificate, etc.) will be needed to document participation.

Both travel and baby-sitting expenses incurred when attending mandatory local and DCFS sponsored training are reimbursable. One's Resource Worker must be contacted prior to the training for approval of such expenses.

Reevaluation of Family Foster Homes

The Resource Worker will monitor the foster family home at least quarterly for continued compliance with the Standards of Approval for foster homes and complete the Checklist for Compliance, CFS-475 (F).

Family foster homes must be reevaluated annually (i.e., no later than the anniversary month of the family foster home's approval), to assure that they continue to meet all standards and policy requirements. Any family foster home that does not continue to meet standards will be closed. The Resource Worker or designee will formally review each foster home and complete a Checklist for Ongoing Monitoring, CFS-475 (A-C) and the Family Foster Parent Reevaluation, CFS-451. The review will be filed in the family foster home record

This reevaluation is necessary to ensure that changes in the family, either physical changes or changes in attitudes, do not adversely affect children placed in that home. After having actually experienced foster children in the home, one may have very different feelings about family foster parenting and the ability to work with different types of children. The opportunity will be provided to express any changes in feelings subsequent to the last approval, evaluation, or reevaluation. Also, one's Resource Worker may assess the family's ability as shown by past experiences with foster children. This information will be recorded in the foster family record to be used by any Resource Worker placing or supervising a child in that home.

The family foster parent reevaluation packet will be mailed or hand-delivered to be completed prior to the home visit by the resource worker. The resource worker will make an appointment to conduct the reevaluation, review the completed packet, and interview the family. The foster parent reevaluation form will be filed in the family record and a narrative entry will also be made in the record that reflects the resource worker's assessment of the following items:

* Continued compliance with Family Foster Home Standards;

* Continuing education compliance;

* The foster parent has maintained current CPR Certification and First Aid training;

* How the family has met the needs of the children placed, including physical, emotional, educational and recreational needs;

* Identification of persons in the home at the time of the reevaluation;

* Attitudes toward birth/legal parents;

* Impressions and Evaluation;

* Objective evaluation of present and future capacity as a family foster home;

* Strong points of the family foster home;

* Weak points of the family foster home;

* How the family has met the needs of the children placed in the home;

* Health and Financial Status;

* Declaration on status of other applicable requirements, such as physician's exam, TB test, Criminal record checks, motor vehicle check and telephone;

* Recommendations;

* Age, sex, and special characteristics of children who should be placed in the home;

* Problems which can and cannot be handled;

* Recommended length of placement desirable.

(For reference, see the Re-evaluation Form, CFS-451)

The Foster Parent Resource Worker will notify the family of the disposition of the reevaluation in writing within 10 days. When re-approved, one will receive a Family Foster Home Re-evaluation Letter.

A reevaluation of a family foster home shall be conducted whenever there is a major change in the lives of family foster parents including, but not limited to:

* A death or serious illness among the members of the foster family;

* Separation or divorce;

* Loss of or change in employment;

* Change in residence;

* Suspected abuse or neglect of any child;

* Addition of family members; e.g., birth, adoption, aging relatives moving in Criminal or traffic offenses

SUPPORT TO FOSTER FAMILIES AND RELATIVE FAMILY FOSTER HOMES

As an integral part of DCFS delivery system, one can expect support from DCFS in the form of training, in-home contacts, case consultation, board payments, special services to children in one's care, and recognition and acknowledgment of these efforts.

When a foster parent requests that a foster child be removed from their home, excluding an emergency that places the child or a family member at risk of harm, the foster parent will be expected to attend a staffing to discuss what services or assistance may be needed to stabilize the placement. The staffing will be held within 48 hours of notification by the foster parent to remove the child from their home. The age-appropriate foster child, the child's attorney ad litem and a CASA, if appointed to the case, the parents, or guardian, and all parties' attorneys shall be notified so that they can attend and participate in the staffing and planning for the child's placement. If the placement cannot be stabilized the foster parent will continue to provide for the foster child until an appropriate alternative placement is located, but this shall not be longer than five (5) business days.

Foster parents primarily work with three different DCFS staff positions. These are the Family Service Worker, the Foster Parent Resource Worker, and in some instances, the Foster Parent Ombudsman. To better understand the goals of foster care and how these staff members work as a team and interact with the goal of providing the best overall experience for foster children, the following brief job descriptions are offered.

The Family Service Worker

The Family Service Worker is primarily responsible for working with the foster child and his or her biological or legal family. They work to correct problems in the home of the biological parent or legal guardian with the goal of preventing the need for removal and, if removing a child from their home is necessary, then reunifying the child and family.

In the course of serving the needs of any foster child in their care, the Family Service Worker will visit frequently in the home. When the Family Service Worker visits the home, the main objective is to discuss the case plan, any changes in the plan, or specific problems with the placement. The foster parents are not expected to have answers to all problems, neither is the Family Service Worker. Foster parents have the child-raising experience; the Family Service Worker has the objective knowledge about foster children. Together, solutions are found.

The Family Service Worker is not expecting to be a formal guest in the home. Nor should the Family Service Worker be a casual acquaintance or a "best friend". The relationship is most positive when it is pleasantly professional. Problems with the Family Service Worker visiting occur when family foster parents, and/or foster child, do not know the purpose of the visit. Problems also arise when the Family Service Worker is seen as a negative authority person. For example, threatening the child with "if you're not good I'll call the worker", or perceiving the Family Service Worker as someone who will solve all the problems, i.e., "We'll call the worker; she'll take care of everything," is not productive. This does not support the team approach and it undermines the foster family's authority. Foster parents and the Family Service Worker are partners working together. This partnership works best when each person presents the other to the child as a positive influence in that child's life, each one bringing his or her contribution to the effort taking place on behalf of the child.

The following are some of the responsibilities of the Family Service Worker:

* Providing protective services, foster care, and supportive services for abused and/or neglected children;

* Providing assistance in investigating suspected child abuse and neglect complaints to determine if allegations can be substantiated by making on-site visits, securing background information, and interviewing parties involved;

* Documenting all casework activities for children in foster care whose cases they are assigned;

* Providing assistance in developing case plans to establish goals, objectives, tasks, and time frames for all parties involved;

* Recruiting families, providing assistance in conducting home studies and family assessments to determine appropriate child placements, and visits clients and/or foster parents to monitor progress toward case objectives;

* Performing any other related responsibilities as required to further the goal of a therapeutic experience for children in protective services and foster care; and,

* The Family Service Worker has regular contact with clients, law enforcement officials, medical personnel, teachers, child care personnel, foster parents, agency and private attorneys, and the general public.

The Foster Parent Resource Worker

The Foster Parent Resource Worker is responsible for overseeing the operation of all foster family homes. Each DCFS service area has an assigned Foster Parent Resource Worker who serves as an advocate for the foster parent. The Foster Parent Resource Worker is responsible for recruitment of foster families, facilitating new provider orientations, training sessions, both new and on-going, and other licensing and education requirements. They monitor compliance, provide case management to promote foster home retention, provide support, facilitate corrective action, develop resources, and assess homes that are not in compliance as well as work with those homes and families, and provide other types of general support to care providers within their area.

The Foster Family Resource Worker's assistance to the foster care family includes, but is not limited to the following:

* Conducting interviews for the purpose of gathering social histories or other needed information to assess for eligilbity or appropriateness of referral;

* Administering background checks;

* Responding to adoption inquiries and refer, when appropriate, to adoption staff;

* Conducting quarterly foster home visits for monitoring continued compliance, appropriateness and suitability;

* Completing annual evaluation of each home that is in the provider pool;

* Checking for licensing compliance;

* Following up corrective action for homes that are out of compliance;

* Responding to requests from foster parents as they need requried logs and/or on-call lists, etc;

* Creating Family Development Plans for continued inservice training and conducting make up training as needed;

* Conducting health and safety assessments as needed (only in regard to licensing complaints-non maltreatment) and other licensing standard compliance.

* Assisting in the development of foster parent support groups/associations and participating in the Annual foster parent mini conference.

* Visiting the foster home;

* Providing training information;

* Providing information regarding available resources; and,

* Performing any other duties identified by the Area Manager that will promote the success of the foster home.

The Foster Parent Resource Worker will work with the foster parents to improve the overall working relations between DCFS and the Foster Parent Association.

Foster Parent Ombudsman

The Foster Parent Ombudsman serves as a statewide advocate for foster parents and assists with providing training, updates, and support to the Foster Parent Associations.

Some of the duties include:

* Receiving phone calls, emails, or letters regarding complaints and problems the foster parents are experiencing (wide range of calls and issues such as licensing standards, staff complaints, travel reimbursement, adoption issues)

* Attending and facilitating Foster Parent Association support group meetings (provide training/continuing education, updates on DCFS policies, answer general questions about the agency)

The Foster Parent Ombudsman may be contacted if the foster parent has a complaint; however, the Ombudsman is not part of the official grievance procedure. (See the section on Family Foster Parents Grievance Procedure for further clarification.)

Visits to Family Foster Home

The Family Service Worker overseeing the care of individual children in the foster home will make at least weekly visits that take place in the home during the first month of placement. After the first month, the Family Service Worker must make weekly contact with the foster child at school, or during sibling or parental visits, but must continue to visit the home at least monthly. In most instances, visits will be scheduled with the foster parents. However, unannounced visits will be made to the foster home. The Foster Parent Resource worker overseeing the operation of one's home as a foster care resource will visit the home at least quarterly. More frequent visitation may be made to the home to help solve problems.

The visits will be used to relay necessary information to the child and to allow the foster parents to voice their feelings about the placement and subsequent adjustment jointly, as well as, privately, and to ascertain if the needs of that particular child are being met. Each visit will include a private conversation with the child away from the foster parent. Another purpose of home visits is to monitor continued compliance with Family Foster Home Standards. These visits may be scheduled or unannounced.

Availability of DCFS Family Service Worker and Foster Family Resource Worker to Foster Families For foster parenting to be a successful experience, one must have access to the Family Service Worker and Foster Family Resource Worker. If either of these staff members is absent from the office when telephoned, calls will be returned promptly. If a visit is necessary, it will be scheduled.

Telephone numbers of the Foster Family Resource Worker who may be contacted after hours will be furnished (See section on DCFS County Office contact persons in the back of this Handbook). After-hours contact should be used for emergencies only. Also, information will be provided which may be needed for the child in the home in an emergency situation, such as the child's Medicaid number and Medical Passport. At the time of placement all information known about the child will be provided, such as: expected length of stay, information regarding illnesses, chronic health problems, medication, habits, etc.

Crisis and After Hours Response

Foster parents will have access to a Family Service Worker in their county twenty-four hours a day, seven days a week. A list of after hours numbers (on-call pager/cell phone numbers) where the local on-call Family Service Worker can be reached will be provided. If the after hours call requires a direct contact with the child's Family Service Worker, the on-call worker will provide the assigned Family Service Worker's home phone number or will contact the assigned worker and have that worker make contact.

Child care for Foster Children

Generally pre-school age foster children should not be placed in a two-parent foster home where both of the foster parents are employed outside the home, or, in a single-parent foster home where the sole parent is employed outside the home. Child care may be authorized for a child in foster care if child care is determined to be appropriate as part of the case plan or if court-ordered. Appropriate reasons include:

REPORTS OF CHILD MALTREATMENT INVOLVING MEMBERS OF FOSTER FAMILY HOMES

[RIGHT POINTING INDEX] All child maltreatment allegations concerning any person in a foster home shall be investigated in accordance with the Child Maltreatment Act § 12-12-509.

If any child in foster care is the subject (alleged offender or alleged victim) of an allegation of child maltreatment, the Division shall notify the child's family, the OCC attorney, Child Abuse Hotline, the CASA and the attorney ad litem. The attorneys ad litem for all other children placed in the home shall be notified as well.

The safety and welfare of any children in foster care shall be paramount. [LEFT POINTING INDEX]

COMPLAINTS AGAINST FOSTER FAMILY OTHER THAN CHILD MALTREATMENT

Any complaint against the foster parent will immediately be brought to the attention of the DCFS County Office Supervisor or Area Manager.

After the investigation has determined the validity of the complaint, one will be advised, in writing, of the complaint, the outcome of the investigation, any corrective action needed to be made, and any other action that will be taken. An agreement will be made between the foster parent(s) and their Foster Family Resource Worker for corrective action. The foster parent(s) must submit in writing the steps necessary to correct the deficiency within ten (10) days after notification from the appropriate decision-making personnel, or submit application applying for alternative compliance (see section on alternative compliance). This corrective action plan must receive the approval of the DCFS County Office Supervisor. Foster parents will notify their local DCFS County Office and DCFS Central Office within thirty (30) days of the original findings being received, and that all corrective steps have been accomplished. In the absence of said notification from the foster parents, it will be presumed that they have elected not to comply with the findings of the appropriate decision-making personnel.

DCFS will offer any assistance available to correct the problem. If, after working with the foster parents, the problem still exists, another meeting will be held to discuss closing the home.

Any complaint, regardless of nature, must be recorded in detail in foster homes record.

The report will include the following information:

CLOSING A FAMILY FOSTER HOME

Division's Decision

If it is deemed necessary by the DCFS County Office to close a foster home, a written summary will be prepared documenting past and present reasons for closure as well as all efforts by the DCFS County Office to eliminate the problem. The final assessment and determination of closure will be made by the Resource Worker and with assistance from designated county staff, the Area Manager and DCFS Central Office staff, if appropriate. The closure process will include a mandatory face-to-face conference with the foster parent(s) at which time reasons for the closure will be explained. The DCFS County Office will provide written notification of the closure including the reasons for the closure and one's right to appeal the decision by filing a grievance (For additional information, see Foster Parent Grievance Information Section).

By Request of Foster Family

If the foster family requests that their home be closed as a foster home, the Resource Worker will discuss the reasons for closure with the foster parents. The request for closure by the foster parents will be confirmed in writing by the Resource Worker and sent to the foster parents.

After a home has been closed at the request of the foster family, if the family wishes to re-open their home, the family and home must be reevaluated to insure that all areas of compliance are still met, and all criminal checks must be repeated.

If the family wishes to re-open their home within 5 years of their request to close it and discontinue providing foster care, the foster parents will not need to repeat the Foster Pride Adopt Pride Training.

FOSTER CARE PLACEMENT

Legal Factors Pertaining to Foster Care

All children entering foster care do so under authorization by the Court.

Legal custody constitutes authorization by the court for DCFS to assume physical control of a child. A child will never be placed in foster care without legal custody.

Arkansas Code Annotated § 9-27-313 authorizes the Division to take emergency seventy-two (72) hour legal custody of any child who is in immediate danger when there is not sufficient time to petition for and obtain a court order.

Termination of parental rights with the power to consent to adoption is primarily granted in cases where the child cannot return home. Adoption may then occur without further notice to the birth/legal parents.

Selection of a Foster Care Home

Based on information from the family assessment the Family Service Worker will select the foster care home that best meets the child's needs.

The law requires that a child be placed in the least restrictive, most family like environment possible. A child will also be placed as close to his birth/legal parents as possible. Placement should be in the same county, unless the child needs special services not available in their originating county. This is to help facilitate visits with parents, siblings, relatives, or other people with whom the child has established bonds and supportive relationships. Factors taken into consideration in selecting a foster care home include the child's age, sex, religion, disabilities, interests, problems, existence as part of a sibling group, case plan, proximity to family (within a fifty mile radius), maintaining enrollment in the child's school, developmental needs of the child and, training and skills of foster parents. Consideration will be given to the foster parent's preferences as to children approved for their home. There will be no violation of the limitations of these preferences.

The Family Foster Home and Relative Foster Home

Family foster care and relative foster homes offer a less restrictive environment than other types of out-of-home placement and are particularly adapted to meet the developmental needs of a child.

A foster home is suitable for any child who can accept family life, attend community schools, and live in the community without posing a danger to self or others. This includes children with special needs.

Preparing the Family Foster Parents for Placement of a Child

The Family Service Worker will realistically describe the foster child to the foster parent when asking a family to accept a child. However, sometimes in emergency situations, all information may not be known.

The following will be included in the child's description:

* Age;

* Probable length of placement;

* Education and school information;

* Health of child, special health needs;

* Handicaps, special equipment, facilities, or help needed;

* Behavior, both positive and negative, that can be expected;

* Siblings and where located;

* Major reason the child is in foster care;

A general indication of the case plan including the plan for visitation of both parents and any siblings; and, Interests.

This information is confidential and should be treated as such.

The Family Service Worker will arrange pre-placement visits between the child and the foster family. Several visits are preferred, but a minimum of one pre-placement visit is required except in emergencies.

The Family Service Worker will know or at least meet the foster parents before taking a child for pre-placement or placement visits in a provider's home.

The Family Service Worker will discuss these pre-placement issues:

* [RIGHT POINTING INDEX] General requirements regarding the number of children that reside in the foster home, [LEFT POINTING INDEX]

* Where the child will be in school, how the child will get to school, arrangement for the transfer of school records, who will have a conference with the teacher or principal;

* Activities, toys, etc. the child enjoys, the child's likes, and fears the child may have;

* Financial arrangements;

* The foster parent's feelings on the impending placement;

* The foster parent's perception of the child;

* Maintaining the child's records; and,

* Medical needs and issues.

Foster parent(s) shall maintain records in accordance with DCFS' procedures and forms for the children placed with the family. The records shall include:

Clothing

When a child first enters foster care, the Division may issue an initial clothing order for the purchase of new clothing. Initial clothing orders will be issued on case-by-case basis. Not all children will need to purchase new clothing as they may come into care with ample clothes from their home. The Family Service Worker will assess what clothing items are needed and issue the authorized amount of clothing allowance. Purchases will be made using the DHS-1914 process, which requires submission to and approval by the Financial Support Unit. Upon approval, a typical scenario might involve the foster parent selecting clothing and leaving it with appropriate customer service staff of the store, where the FSW may present and pay for the merchandise.

Foster parents should use the following guidelines:

Foster Child's Personal Allowance

The foster parent will give an allowance to the child from the board payment. The amount of the child's allowance is decided by the foster parent, based on the child's age.

Special Board Rates

There are occasions when the regular board rate is inadequate when caring for a child with special needs. Foster parents may identify and document those needs so that the Family Service Worker can request authorization from the Area Manager for a special board rate.

Overpayments to Family Foster Parents

[RIGHT POINTING INDEX] From time to time, foster parents may be overpaid on a board payment. If this happens, during the next month, the computer system may automatically generate a correction. The amount of the overpayment will become an accounts receivable due from the foster parent if restitution is not made prior to the next payment cycle. Per funding source, each subsequent board payment will be offset until the amount of the overpayment is recouped. The funding source of the board payment (federal or state funds) will determine whether the over payment is deducted from the next board payment. If funds are from the same funding source, it will be deducted from the next board payment. If it is not deducted, the Office of Finance and Administrative Services will send a notice of overpayment. Account reviews are processed monthly and overpayment statements are normally sent monthly.

A foster parent may contact the Foster Care Technical Assistance Unit at 501-682-8345 for help with any overpayment statement. The unit will research the overpayment and provide an explanation. [LEFT POINTING INDEX]

Reduced Board Rates

A child's board rate may sometimes need to be reduced rather than increased. This applies to those children who are residents of a state institution; e.g., School for the Deaf or Blind/ Rehabilitation Training Facility, Human Development Center or who are attending college and for whom the case plan includes visits in the family foster home on weekends, holidays, or summer vacation. Board Payments will only be made for a child visiting in a foster home for the actual time the child is there.

Foster Care Payment and Eligibility for Assistance and Food Stamps

Board payments, made by DCFS for the care of children in homes of public assistance recipients, are not considered as a resource in determining eligibility for assistance or the amount of the grant. This payment is designated for certain purposes and is not available to the foster parents. For any foster parent applying for food stamps, a re-evaluation of stable income will take place. This may impact the approval status of the foster home.

School Lunches

Foster children are eligible for free meals in all schools which participate in the National School Lunch/Breakfast Programs and in the Commodity-only schools.

WIC Programs

[RIGHT POINTING INDEX] The Women, Infants and Children Food Program, WIC, is administered by the Health Department. The program provides, on a monthly basis, nutritious foods for pregnant and nursing women and infants and children up to age 5 years. Eligibility is determined by a medical assessment of nutrition risks such as iron poor blood and improper growth, etc. Foods provided by WIC are supplemental and are not intended to fulfill all nutritional needs for a month. Foster children may be eligible for WIC. [LEFT POINTING INDEX]

Replacement and/or Supplemental Clothing

A monthly allowance for clothing replacement is included in the board payment. During the months when there are no replacements, the clothing allowance must be saved for the months when more than usual amounts of clothing are needed. All receipts from the purchase of clothes must be retained and turned in to the Resource Worker at the quarterly visit.

With the approval of the DCFS County Office Supervisor and Area Manager, it is permissible to obtain another clothing order. This should happen only in an exceptional circumstance. The foster parent may request a "Replacement/Supplemental Clothing Order". These requests may not exceed $400.00 in one quarter.

The foster parent should contact the Family Service Worker in the event that this need should arise.

Payment for Medical Services

Medicaid is the primary source of medical payment for children in foster care.

If a child in the home does not receive a Medicaid card, contact the Family Service Worker. (A card should be received within a week for a new child and by the third of the month thereafter.) Although the FSW may provide a copy of the Medicaid Card for the foster parent to keep in the Medical Passport, and so that they may obtain medical services for the child, the actual Medicaid Card will be kept in the child's case record in the county office. When there are no Medicaid providers available in cases of emergency, the Family Services Worker (with the approval of the DCFS County Supervisor) will authorize and bill medical services via DHS-1914 or contract. In the event medical services are denied by Medicaid, the child's medical needs will be met with Foster Care funds. A child shall not be denied medical services because the child is not Medicaid eligible.

Additional Expenses

In addition to the items already listed, the following items are allowable with the approval of the DCFS County Office Supervisor:

* Required School Materials and School Fees, including athletic wear. Foster parents must have prior approval for such purchases.

* Graduation Expenses

[RIGHT POINTING INDEX] The Division recognizes and values the importance of education and youth in foster care completing their education. There are certain expenses that can be purchased and/or reimbursed for senior year graduation. All these expenses whether purchased by the Division or reimbursed to the foster parent require prior approval.

High School Graduation expenses will be authorized for the following items:

Senior Ring: Maximum amount the Division will commit is 250.00

Prom: Maximum total cost the Division will commit is $350.00. This cost shall include prom dress, alterations, tux, shoes, undergarments and tickets to prom (if there is a cost).

The Division will reimburse a maximum amount of $500.00 for cap/gown, invitations, thank you notes, and senior pictures. [LEFT POINTING INDEX]

* Cell Phones

[RIGHT POINTING INDEX] The Division generally does not provide cell phones. If a foster family chooses to allow a child in care to purchase or use a cell phone, the Division will not be responsible for any expenses related to the purchase, use or abuse of the phone. [LEFT POINTING INDEX]

* Holiday Allowance

Children will be provided additional funds so they may participate in Holiday giving. The amount will be based on the age of the child. Consult the Family Service Worker with regard to the amount provided. The money is included in the November check and is to be used by the child for purchasing gifts for biological family members and friends.

* Emergency medical services and drugs not purchasable by Medicaid.

* Non-Medical transportation provided by the foster parent or public carriers when directly related to the case plan for the child. (See Transportation section).

* Child care or Baby-sitting fees.

Child care or baby-sitting fees when required to attend training or for one's own children when transporting a child to services are also reimbursable. This does not include child care for a foster parent's employment.

Any other expenses must receive prior approval from the Area Manager. This can be requested by the Family Service Worker.

Children in Foster Care Trust Funds

When a child in the Foster Care Program has income from child support or Social Security benefits, DCFS will apply to become payee. The child's funds will be deposited into a trust account for the child if payee status is awarded to the Division. Separate accounts are maintained for each individual child in foster care, including those from the same sibling group. The funds in the account should be utilized solely for the individual child for whom the account was established, and no funds should be spent for any other child.

Foster care trust accounts are delineated into two distinct types: Dedicated and Regular. Each account type has different rules for how the funds may be spent.

Dedicated Trust Account

A Dedicated Account is usually funded from the Supplemental Security Income (SSI) Program administered by the Social Security Administration (SSA). SSA deposits funds in this type of account if the child is owed six or more months of retroactive payments. DCFS must obtain permission from the SSA to spend money from a Dedicated Account. With prior approval from the SSA, income in a Dedicated Account may be used for the following:

Regular Trust Account

Money in a Regular Account is usually income from child support or Social Security Survivor's (Title II) benefits.

Although these funds have fewer restrictions than a Dedicated Account, spending must be appropriately prioritized according to the child's needs:

DCFS Policy regarding visitation includes the following:

Publication of Information about Foster Children

There are occasions when questions may be asked or pictures requested for purposes of newspaper, television, or radio publicity. All publicity must be approved through the Family Service Worker and the DCFS County Office Supervisor. Some situations may require the involvement of the DHS Director of Communication.

Child in Foster Care Application for an Arkansas Driver's License and Insurance Reimbursement Programs

[RIGHT POINTING INDEX] The Director of DCFS may authorize an employee or any foster parent to sign a child in foster care's application to obtain an Arkansas Learner's Permit or Intermediate Driver's License. The child in foster care must meet requirements set by the Division and the State of Arkansas, and be approved by the Director. The foster parent may apply for reimbursement for the additional cost to add the child in their home to their automobile insurance. Participation in both of these programs is voluntary. For more information, the foster parent should consult with their FSW. [LEFT POINTING INDEX]

Runaways

Foster parents need to be aware that if a child runs away from home, the first reaction should be to notify the child's Family Service Worker, On-Call Worker and/or DCFS County Office Supervisor. The Foster Parent must be able to provide information regarding clothes the child was wearing, etc., to aid the worker in making a report to the police.

When a Child in Foster Care is Arrested

When a child in foster care is arrested, a foster parent should notify the Family Service Worker or On-Call Worker (if after hours). The Family Service Worker will talk to law enforcement officials to find out where the child is being held, the alleged offense, times of the hearings, and possible repercussions. The Family Service Worker will also determine if the child understands their legal rights and has not unknowingly waived the rights to silence and to presence of an attorney during any questioning.

The Family Service Worker will attempt to have the child released into the custody of the foster parent if they are willing to sign a statement that the child will be returned on the day of the detention hearing and/or the adjudication hearing. The child's birth/legal parents will be notified. The DHS Attorney will be notified, and will contact the Prosecuting Attorney to assure that both the rights of DCFS and the child are protected and that the child has an attorney. The DHS Attorney will represent DHS, when appropriate, in the court hearing. The Family Service Worker will go to court with the child.

FOSTER PARENT ADOPTION

Once Parental Rights have been terminated the children may be adopted. One may apply to DCFS to adopt a child. A distinction is made between foster parents who apply through the regular adoption program and foster parents who apply to adopt a particular child.

Foster parents applying through the regular adoption program must meet the same requirements as all other adoption applicants. The Family Service Worker will refer any interested foster parent(s) to the Adoption Specialist.

When foster parents are interested in adopting a foster child in their home, DCFS will consider the benefits provided by them for that child and other certain conditions. The child's desires will be especially considered. Does the child consider the home as his or her home and the foster parents as his or her parents? The Family Service Worker will speak with the child alone regarding this major decision in his or her life and help the child consider all the facts.

If a foster parent wishes to adopt a child in their home, the foster parent should make the request known by requesting and completing a Foster Parent Request for Consideration to Adopt, CFS-489 if one meets the basic qualifications outlined on the form. Discuss the desire to adopt with the Family Service Worker to determine eligibility.

ANOTHER PLANNED PERMANENT LIVING ARRANGEMENT (APPLA)

This goal addresses the quality of services the child will receive, including independent living services, and a plan for supervision and nurturing. APPLA can only be selected if the child cannot be reunited with their family, another permanent plan is not available and:

* a compelling reason exists why termination of parental rights is not in the juvenile's best interest; or

* the juvenile is being cared for by a relative and termination of parental rights is not in the best interests of the juvenile.

This category applies only to those children who are secure in their setting, who have been with a foster home for a number of years, and for whom this is the most suitable plan that can be made. The following criteria must be met:

The child is secure and has demonstrated good adjustment in the foster home and is firm in the decision, after consideration, that one does not wish to be adopted;

* The foster parents have revealed their love and affection for the child but cannot adopt;

* The child has resided in the foster home sufficiently long to develop close ties;

* It is apparent that the child should not be placed with birth/legal parents, relatives or adoptive parents; and

* The child is 14 years old or older.

INDEPENDENT LIVING PROGRAM

The Independent Living Program, also known as the Chafee Foster Care Independence Program, assists youths age 14 through 20 who are interested in furthering their educational/vocational goals and who voluntarily participate in the program's services. The program coordinates and provides life-skills training and educational assistance to current and former foster care youth in preparation for the transition into adulthood and mainstream society. Training is provided in various formats and in accordance with case plans. All training is coordinated through the assigned Family Service Workers located in one of the ten DCFS service areas. The local DCFS County Office can provide more information about this program. DCFS Publication 404, Chaffee Foster Care Independence Program Handbook, outlines the program's services, policies and forms, and is available at: http://www.arkansas.gov/dhhs/chilnfam/PUB-404%20-%20%201-31-03.pdf.

You Are Not Alone

You Are Not Alone, DCFS PUB-50, is a resource for those foster children who are ages 14 through 20 and was developed to provide the child with information he/she will need while in foster care. This book is only a reference guide. The child may contact DCFS for any questions or further explanations.

WHEN FOSTER CARE CAN BE CONTINUED PAST 18 YEARS

When a child reaches the age of 18 and is still in an educational or training program, foster care services can be continued with proper approval. The Family Service Worker will discuss options with the child. The child will discuss their plans with the Family Service Worker and sign a form reflecting an interest to continue in foster care.

If foster care is to be continued past a child's 18th birthday, an agreement will be established between DCFS, the child, and the foster parent(s) in those cases where it is considered appropriate to do so.

LIABILITY OF FOSTER PARENTS

Foster parents must carry homeowner's or renter's insurance and general liability insurance, which may be included in the homeowners policy.

Any claims for damages or destruction to a foster parent's personal property, not covered by homeowner's insurance, car insurance or to the property of others due to the actions of a child placed in a foster home should be filed with the Arkansas Claims Commission. Foster parents or the individual may request the appropriate application to submit their claim by contacting the Arkansas Claims Commission, 101 East Capitol Ave., Suite 410, Little Rock, AR 72201-3823, Telephone: 501-682-1619, www.claimscommission.ar.gov

The foster parents or the individual should contact the DCFS County Office and provide information needed to complete an incident report. (This is a different document from the claim form mentioned above.) This incident report will be submitted to DHS Central Office and will be used to assist the Claims Commission in processing the claim.

Foster parents approved by the Division shall not be liable for damages caused by foster children, nor shall they be liable to the foster children or to the parents or guardians of the foster children for injuries to the foster children caused by acts or omissions of the family foster parents unless the acts or omissions constitute malicious, willful, wanton, or grossly negligent conduct. (Act 941 of 1989)

The information contained within this handbook is a guideline to the Family Foster Care Program. If any information contained herein should be in disagreement with official DCFS policy as written in the DCFS Services and Procedures Manual or with state/federal law; then the policy or law shall take precedence. DCFS urges discussion of any concerns related to foster children in one's home with a Family Service Worker.

Foster Family Handbook/Appendix and Forms

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NATIONAL FOSTER PARENT ASSOCIATION

CODE OF ETHICS FOR FOSTER PARENTS

Preamble

Foster family care for children is based on the theory that no unit in our society, other than the family, has ever been able to provide the special qualities needed to nurture children to their fullest mental, emotional and spiritual development. If, for a certain period, a family ceases to provide these special qualities, substitute care must be used. It is recognized that ideally, foster care is temporary in nature. Persons who provide foster family care must have commitment, compassion and faith in the dignity and worth of children, recognize and respect the rights of natural parents, and be willing to work with the child-placing agency to develop and carry out a plan of care for the child.

Foster care is a public trust that requires that the practitioners be dedicated to service for the welfare of children, that they utilize a recognized body of knowledge about human beings and their interactions, that they be committed to gaining knowledge about human beings and their interactions, and that they be committed to gaining knowledge of community resources which promote the well-being of all without discrimination.

Each foster parent has an obligation to maintain and improve the practice of fostering, constantly to examine, use and increase the knowledge upon which fostering is based, and to perform the service of fostering with integrity and competence.

Principles

In order to provide quality foster care services, foster parents subscribe to the following principles:

I regard as my primary obligation the welfare of the child deserved.

I shall work objectively with the agency in effecting the permanent plan for the child in my care.

I hold myself responsible for the quality and extent of the services I perform.

I accept the reluctance of the child to discuss his past.

I shall keep confidential from unauthorized persons information pertaining to any child placed in my home.

I shall treat with respect the findings, views and actions of fellow foster parents, and use appropriate channels, such as a foster parent organization, to express my opinions.

I shall take advantage of available opportunities for education and training designed to upgrade my performance as a foster parent.

I respect the worth of all individuals regardless of race, religion, sex or national ancestry in my capacity as a foster parent.

I accept the responsibility to work toward assuring that ethical standards are adhered to by any individual or organization providing foster care services.

I shall distinguish clearly in public between my statements and actions as an individual, and as a representative of a foster parent organization.

I accept responsibility for working toward the creation and maintenance of conditions within the field of foster family care which enable foster parents to uphold the principles of this code.

National Foster Parent Association website address: http://www.nfpainc.org/index.cfm

Foster Parent Support Act and Foster Children Protection Act of 2007