Arkansas Administrative Code
Agency 016 - DEPARTMENT OF HUMAN SERVICES
Division 15 - Children and Family Services
Rule 016.15.10-006 - Policies and Procedures; Revised, New and Rescinded Rules
Current through Register Vol. 49, No. 9, September, 2024
EXCERPT, DIVISION OF CHILDREN & FAMILY SERVICES POLICY & PROCEDURES MANUAL, GLOSSARY
APPENDIX 1: GLOSSARY
01/2011
CHILD - An individual who has not attained 18 years of age.
CHILD (FOR TITLE IV-E PURPOSES) -
A. For the purposes of the title IV-E foster care program, an individual:
B. For the purposes of the title IV-E adoption or guardianship assistance program, an individual:
CHILDCARE INSTITUTION - A private child care institution, or a public child care institution which accommodates no more than 25 children, and is licensed by the State in which it is situated or has been approved by the agency of such State or tribal licensing authority (with respect to child care institutions on or near Indian reservations) responsible for licensing or approval of institutions of this type as meeting the standards established for such licensing, except, in the case of a child who has attained 18 years of age, the term includes a supervised independent living setting in which the individual is living independently. This definition must not include detention facilities, forestry camps, training schools, or any other facility operated primarily for the detention of children who are determined to be delinquent.
HOME ASSESSMENT - The mutual selection process that involves several components including, but not limited to, an in-home consultation visit, background checks, pre-service training, a home study, and ongoing consultation with the prospective foster/adoptive parents to ensure that applicants meet all appropriate criteria related to both compliance and quality.
HOME STUDY - The specific interviewing and reporting tool used to determine if a family is ready, willing, and able to become a suitable and safe placement resource for a child. The home study must evaluate a family's dynamics in areas including, but not limited to, motivation for wanting to foster, health, education, lifestyle, daily schedules, parenting practices, support systems, and personal histories. It shall include a Child Maltreatment Central Registry Check on all members of the household age 10 or older, excluding children in foster care and an Arkansas State Police Criminal Record Check and a fingerprint-based FBI Criminal Background Check on all members of the household age 18 or older, excluding children in foster care.
SAFEGUARD MEASURE - If, at any time during the foster/adoptive family application process, a Resource Worker or Adoption Specialist determines that any aspect of the home does not meet Minimum Licensing Standards or DCFS policy requirements, the prospective foster or adoptive family may be asked to implement a safeguard measure to ensure the home is safe and in compliance with policy and licensing standards. The safeguard measure must be implemented before the family can be approved as a foster or adoptive home.
POLICY I-C: DIVISION'S ORGANIZATIONAL STRUCTURE
01/2011
The Director of DCFS has management and administrative responsibilities for the Division and has an interactive role with the Child Welfare Agency Review Board and the Child Placement Advisory Committee. An Assistant Director supervises each of the following sections: Office of Community Services, Office of Finance and Administrative Support, and Office of Central Operations.
Office of Community Services
The Office of Community Services provides administrative leadership and guidance to DCFS staff throughout all 75 Arkansas counties. The Assistant Director of the Office of Community Services directly supervises the ten Area Directors and administers the Interstate Compact for the Placement of Children unit.
Counties are grouped into ten service delivery areas. Each has an Area Director and at least one county-based Family Service Worker, a supervisor and an aide.
AREA I: |
Benton, Carroll, Madison, Washington |
AREA II: |
Crawford, Franklin, Johnson, Logan, Scott, Sebastian, Yell |
AREA III: |
Clark, Garland, Hot Springs, Howard, Montgomery, Perry, Pike, Polk, Saline |
AREA IV: |
Columbia, Hempstead, Lafayette, Little River, Miller, Nevada, Ouachita, Sevier, Union |
AREA V: |
Baxter, Boone, Conway, Faulkner, Marion, Newton, Pope, Searcy, Van Buren |
AREA VI: |
Pulaski |
AREA VII: |
Bradley, Calhoun, Cleveland, Dallas, Grant, Jefferson, Lincoln, Lonoke, Prairie |
AREA VIII: |
Clay, Craighead, Fulton, Greene, Izard, Lawrence, Mississippi, Randolph, Sharp |
AREA IX: |
Cleburne, Crittenden, Cross, Independence, Jackson, Poinsett, Stone, White, Woodruff |
AREA X: |
Arkansas, Ashley, Chicot, Desha, Drew, Lee, Monroe, Phillips, St. Francis |
Office of Finance and Administrative Support
The Office of Finance and Administrative Support provides administrative and management support to DCFS through personnel administration, budget monitoring, resource control, and contract administration. The Office of Finance and Administrative Support includes the following units: Personnel, Contracts, and Financial Management.
Central Operations
The Central Operations section is responsible for the smooth and timely functioning of the operational facets of the Division. It consists of the Eligibility Unit, Information Technology, Vehicle Safety Program, Criminal Records, Central Registry, and Child Protective Services.
Programs
In addition to the sections described above, DCFS is comprised of the following program areas, supervised either by the Division Director or a member of the Executive Staff: Prevention Support and Substance Abuse, Specialized Placement, Policy, Professional Development, Foster Care, Adoptions, Planning, and Mental Health. Together, these units are responsible for the provision of administrative and programmatic support for the state's network of children and family services as well as short- and long-term planning and policy development.
III. SERVICES CASE OPENING
POLICY III-A: SERVICES CASE OPENING AND RE-EVALUATION
01/2011
The Division of Children and Family Services will open cases to ensure safety and promote the best interest of the child and to provide services to strengthen, reunify, and assist families. This will be accomplished through the delivery of Supportive, Protective, Adoptive (See Section VIII for Adoptive Services) or Out-of-Home Placement Services as deemed appropriate by assessment. The purpose of services shall be to provide the child with a continuous and stable living environment, promote family autonomy, strengthen family life where possible and promote the reunification of the child with the parent, guardian or custodian, when applicable.
The Division will ensure a determination of title IV-E/ Medicaid eligibility is obtained for each child placed in an out-of-home setting or subsidized adoption. When a child is removed from his home, a judicial determination as to whether reasonable efforts were made or were not required to prevent removal must be made no later than sixty days from the date the child is removed from the home. Eligibility for title IV-E foster care maintenance payments will be based on the following requirements:
In any case where the child is an alien disqualified by the Immigration and Nationality Act from receiving aid in or for the month in which court proceedings leading to the removal of the child from the home were instituted, such child shall be considered to satisfy the requirements with respect to that month, if he or she would have satisfied such requirements but for such disqualification. The Office of Chief Counsel will be consulted if the child's immigration status must be addressed in any manner.
A child of a parent who is in DHS custody is also considered a dependent juvenile and is eligible to receive foster care maintenance payments and is deemed to be a recipient of aid to families with dependent children. Titles XIX and XX services will be available to the child in the state in which the child resides.
The state of Arkansas is not a voluntary placement state. The removal of a child from his home must occur pursuant to a judicial order placing custody of the child with the Department.
POLICY VII-H: VOLUNTEERS
01/2011
All volunteers shall be responsible for ensuring the proper care, treatment, safety, and supervision of the children they serve.
All prospective volunteers who have direct and unsupervised contact with children must be cleared through the Arkansas Child Maltreatment Central Registry and through a State Police Criminal Record Check. The Division will request any other state where the prospective volunteer has resided in the preceding six years to check its child abuse and neglect registry, if available, and in the person's state of employment, if different, for reports of child maltreatment, if available.
Volunteers shall be supervised by an appropriate or designated staff person. A volunteer who works unsupervised and substitutes as staff shall meet the qualifications required for a paid employee in that position.
Volunteers approved by DHS who transport children in foster care or clients of the Department shall not be liable to the children in foster care or the clients of the Department. In addition, volunteers who supervise visits at the request of DCFS shall not be liable to the children in foster care, clients, or parents or guardians of any children in foster care for injuries to the clients or the children in foster care.
However, volunteers will be liable if the acts or omissions constitute malicious, willful, wanton, or grossly negligent conduct and/or if volunteers engage in any behavior that could be viewed as sexual, dangerous, exploitative, or physically harmful to children.
If a complaint of child maltreatment is filed against any volunteer, DCFS shall evaluate the risk to children and determine the suitability of the volunteer to supervise, be left alone with children, have disciplinary control over children, or remain with DCFS until the allegations are determined to be true or unsubstantiated.
POLICY VIII-A: TRANSITIONAL YOUTH SERVICES
01/2011
The purpose of Transitional Youth Services (TYS) is to better prepare youth in out-of-home placement for successful transition to adulthood and to ensure that youth have access to an array of resources. The Division of Children and Family Services shall ensure that each youth in foster care who reaches age 14, or who enters foster care at or after age 14, shall be provided the opportunity to take an active role in planning for his or her future. Youth entering foster care between the ages of 14 and 18 will be immediately referred to the Transitional Youth Services (TYS) Coordinator.
The Division shall:
A. Provide the youth with the opportunity to be actively engaged in all case/client plans impacting his or her future, including, but not limited to a Transitional Plan and a Life Plan.
B. Empower the youth with information regarding all available services and options and provide the youth with the opportunity to participate in services tailored to his or her individual needs and designed to enhance his or her ability to acquire the skills necessary to successfully enter adulthood.
C. Assist the youth in developing and maintaining healthy relationships and life connections with nurturing adults who can be a resource and positive guiding influence in his or her life after leaving foster care.
D. Provide the youth with basic information and documentation regarding his or her biological family and personal history.
E. Provide the youth with information that relates to the health care needs of youth aging out of foster care, including options for health insurance after exiting care and the importance of designating another individual to make health care treatment decisions on behalf of the youth, if he or she becomes unable to participate in such decisions and does not have, or does not want, a relative who would otherwise be authorized to make such decisions; provide the youth with the option to execute a health care power of attorney, health care proxy, or other similar document recognized under State law.
F. Inform the youth of his or her right to stay in care until age 21.
Each youth shall be given the opportunity to create a Transitional Plan which encompasses all the life skills, resources, and future-planning for the youth's successful transition into adult life. The Transitional Plan will be created with the support of the youth's Transitional Team. The Transitional Team will consist of adults whom the youth identifies as significant. The youth's primary Family Service Worker shall be responsible for the coordination of the youth's Transitional Team and is responsible for the Transitional Plan and case plan as reflected in the court report. The TYS Coordinator is an appropriate support for some of the youth's transitional plans and may serve on the Transitional Team if appropriate. Because APPLA is the least permanent goal for a youth, the case plan and Transitional Plan shall address life connections.
The Transitional Plan shall allow for client protection. If a youth is identified as legally impaired and likely to become endangered, the Transitional Plan shall include automatic referrals to Developmental Disabilities Services and/or Adult Protective Services as appropriate. For youth with significant mental health issues, the Transitional Plan shall consider appropriate referrals and applications for post-care services (e.g. adult SSI).
The youth and his or her attorney shall have the right to attend all staffings and to fully participate in the development of the Transitional Plan, to the extent that the youth is able to participate medically and developmentally.
Chafee Services
Each youth in DHS custody, age 14 or older, is eligible for Chafee services. All Chafee services are voluntary. Services provided are primarily education- and training-oriented and are intended to keep youth in school while they obtain life skills and participate in other life preparation activities and plans to promote a successful transition to adulthood.
Chafee provides support for three groups of the foster care population:
A. Youth in foster care, beginning at age 14 and continuing until the youth completes high school or other secondary educational program, may receive services such as the Casey Life Skills Assessment, basic life skills training, and other services such as tutoring that can be approved on a case-by-case basis.
B. Youth may choose to remain in care until the age of 21 and are eligible for Chafee services if they meet any of the following conditions:
C. If a youth was in foster care on his or her 18th birthday, and the foster care case is closed, he or she will be eligible for After Care services and support until age 21.
Chafee also provides support for youth whose adoption or guardianship is finalized at age 16 or after. Such youth are eligible for ETV and may attend youth development activities and life skills classes.
Assessments begin at age 14 and transitional services may begin at age 14 for youth already in foster care. In cases where a youth younger than 14 needs life skills training, the DCFS Director or designee may grant a waiver for services.
DCFS shall provide, either directly or through contract, those services identified in the Casey assessment that are indicated to help the youth achieve independence. The case plan and/or Transitional Plan must identify and address the specific skill needs of each youth. Each youth age 14-17 receiving Transitional Services shall be assessed annually using the Casey Life Skills Assessment; however, an abbreviated evaluation shall be conducted every six months to determine the youth's progress in acquiring basic life skills and the skills necessary for a successful transition to adulthood. Basic life skills will be assessed at each staffing held for a youth age 14 and older.
If a youth was in foster care on or after his 16th birthday and was adopted before his 18th birthday, he will be eligible for services until his 21st birthday.
While incarcerated youth (prison, jail, DYS custody) are ineligible for Chafee funding, the youth shall still be given the opportunity to plan for his or her future.
Opportunities shall be available for each foster parent caring for, or interested in caring for, a youth age 14 or older, and each Family Service Worker responsible for any youth, age 14 or older, in helping youth acquire basic life skills.
Within 30 days after the youth leaves foster care, the Division shall provide the youth the following:
A. A full accounting of all funds held by the department to which he or she is entitled;
B. Information on how to access the funds;
C. When the funds will be available.
PROCEDURE VIII-A1: Referral for Transitional Services
01/2011
The Family Service Worker will:
A. Complete the CFS-001: Referral for Transitional Service Support on all youth entering foster care between the ages of 14 and 18. The CFS-001 will be completed also on youth who turn 14 while in foster care. All youth must be assessed for life skills within 30 days of entering care or within 30 days after their 14th birthday.
B. Forward the completed and signed CFS-001 to the TYS Coordinator for eligibility determination. The youth must sign the CFS-001 to be eligible for Chafee.
C. Document in CHRIS ILP screen youth's eligibility or ineligibility. If the youth is eligible, the worker will notify the County Supervisor who will e-mail the TYS Supervisor asking them to assign the TYS Coordinator as secondary worker.
D. Assist the youth in completing the Casey Life Skills Assessment within 30 days of entering care or within 30 days after their 14th birthday.
E. Complete the case plan and ILP screen after the staffing.
F. Ensure that each youth age 14-17 is evaluated every six months to:
G. Ensure that each youth age 14-17 is assessed annually using the Casey Life Skills Assessment.
H. Complete the Independent Living "IL" screen in the Case Plan section of CHRIS.
I. Share the reassessment results with the TYS Coordinator and document the reasons for non-completion.
J. Coordinate transportation to life skills training with the foster parent or caretaker.
K. Prepare the youth for Transitional Team meetings.
L. Enter date into CHRIS in a timely manner.
If the youth makes a planned move (e.g. college) to another county, the supervisor in the primary county should communicate with the supervisor in the placement county before the youth moves.
If the youth makes an unplanned move to another county, the supervisor in the primary county should notify within 10 days, by email, the supervisor in the placement county. The receiving supervisor should then make secondary caseload assignments to the FSW and TYS Coordinator and directly notify them of the assignment. All workload assignments will go through the Coordinator's immediate supervisor and not the individual county supervisors.
If a youth is transferred to another Area/County not designated as primary, the FSW in the residence Area/County should:
A. Assist in obtaining an assessment/reassessment if the date occurs while the client is in the other county.
B. Transfer case files and all records of life-skills training sessions attended, skills acquired or mastered, and copies of assessment results to the FSW and TYS Coordinator in the county of residence to ensure that training needs and goals will continue to be addressed.
C. Assist youth in completing the NYTD survey.
The TYS Coordinator will:
A. Schedule a date and time with the youth's FSW for the youth to complete the initial Casey Life Skills Assessment. If a youth enters foster care at the age of 14 or older, they will be assessed within 30 days after entry. All youth age 14-17 should be reassessed at 6-month intervals and then annually using the Casey Life Skills Assessment to determine acquisition of transitional life skills.
B. Update the Contact Screen in CHRIS each time contact is made with a youth on their caseload. Contacts include group training sessions, face-to-face contact, phone contact, and/or the youth's attendance in life-skills training. Indicate the title or content and information concerning the youth's participation.
C. Develop life skills training resources.
D. Complete the CFS-035: TYS Coordinator Monthly Summary.
E. Submit the CFS-035 to the TYS Supervisor and the TYS Program Manager by the sixth day of the month.
F. Coordinate transitional activities with the FSW when appropriate.
G. Document the completion of the initial Casey Life Skills Assessment and any reassessments in the ILP screen.
H. Document that the results of the Casey Life Skills Assessment were routed to the youth, FSW and foster parents/provider in the Document Tracking screen.
I. Complete the Contact screen for all contacts with youth and complete Education and Employment screens when appropriate.
J. Document all contacts with youth on the Contact Screen.
K. Document all transitional activities/services on the youth's Services Offered/Delivered screen selecting Chafee Foster Care Independence Program (Resource 112416) as the Service Provider and complete the IL Subsidy Exceptional Amount field if ILP funds were authorized.
PROCEDURE VIII-A2: Youth Transitional Plan and Life Plan
01/2011
The Family Service Worker will:
A. Develop a Transitional Plan with all youth in foster care between the ages of 14 and 21, and for all youth who turn 14 while in foster care, within 90 days of entering care or within 90 days after their 14th birthday.
B. Assist the youth in developing a Transitional Team to include individuals identified by the youth as significant (e.g. foster parents, bio family, AAL, CASA, mentors, therapists, TYS Coordinator, teachers, coaches).
C. Review the Transitional Plan every six months to ensure consistency with education plan, case plan, and life plan and coordinate with the youth's school at least annually, until the youth exits foster care or secondary school.
D. Determine, based on the youth's age, maturity, disabilities, and other factors, what shall be appropriate to include in the Transitional Plan.
E. Determine at which point in the youth's development to include the following components: (All components must be present by the time the youth is 17 years old.)
F. Assist the youth or arrange for assistance in:
G. Discuss with the youth the importance of designating someone to make health care decisions on their behalf, if they become unable, or if they do not have or do not want, an otherwise authorized relative to do so.
H. Assist the youth in contacting the individual(s) who they would like to serve as their health care power of attorney or health care proxy and completing documentation authorizing a health care power of attorney or health care proxy.
I. With court permission and if the youth desires, facilitate visits between the youth and his relatives.
J. Assist all youth in or entering foster care at age 14 or above or in the 9th grade, whichever comes first, within 90 days after their 14th birthday or 90 days after entering the 9th grade, in developing a Life Plan (CFS-002: Transitional Life Plan and Agreement).
K. Hold a final Transitional Team meeting within 90 days of youth's planned exit from foster care.
L. At the final Transitional Team meeting, complete CFS-003: Checklist for Youth Exiting Care and provide the youth with the following and obtain his signature and that of his attorney ad litem confirming receipt:
M. Document a current address and contact information for youth who reside outside the foster home in order to study, work, or for any other reason. This information must be kept current.
N. Within 72 hours of case closure, notify the Eligibility Unit of the case closing and provide the Trust Coordinator with any information requested.
The Eligibility Unit Trust Coordinator will, within 30 days after the youth leaves foster care, provide the youth with the following information:
A. A full accounting of all funds held by the department to which he or she is entitled;
B. How to access the funds;
C. When the funds will be available.
PROCEDURE VIII-A3: Interagency Support for Youth with Disabilities
01/2011
In order to promote continuity of care for youth with disabilities, Adult Protective Services (APS), DCFS, Division of Youth Services (DYS), Division of Developmental Disability Services (DDS), and Division of Behavioral Health Services (DBHS) have signed a Memorandum of Understanding that describes each Division's roles and responsibilities.
DCFS will:
A. Arrange an interagency case staffing and initiation of transition plan following youth's 14th birthday.
B. Arrange an interagency case staffing within 30 days to include PACE determination and DD diagnosis identified for individuals taken into custody after age 14.
C. Arrange an interagency review every six months for youth likely to require state custody status as an adult.
APS will:
A. Review plan and identify issues requiring clarification or issues that might have been omitted and request this information from DCFS.
B. Participate in case staffing and transition plan review following client's 17th birthday.
APS, DCFS, DYS, and OCC will apprise court of transition plan.
APS and DDS will review transition plan and arrange appropriate placement prior to client's 18th birthday.
POLICY VIII-B: EXTENDED FOSTER CARE
01/2011
Youth may choose to remain in foster care past the age of 18 for education, treatment, work, or other programs and services as determined appropriate by their Transitional Team. Room and board expenses cannot be paid for with Chafee funds for IV-E eligible youth who choose to voluntarily remain in foster care after age 18. Board payments must be made through title IV-E funds for eligible youth. Board payments for youth age 18 and older remaining in care and not in a foster home must be paid using State General Revenue funds.
In order to be eligible for extended foster care, youth must meet one of the following criteria:
1. Youth must have been in foster care at or before age 17, OR
2. Youth must have entered care at age 17 or after due to dependency-neglect, OR
3. Youth must have entered foster care at age 17 or after with a prior dependency-neglect status.
A copy of the youth's entire record will be made available to him or her at no cost at the final Transitional Team meeting which will occur within 90 days of youth's planned exit from care.
PROCEDURE VIII-B1: Extended Foster Care
01/2011
The Family Service Worker will:
A. Consider the following issues with the youth:
B. Assist the youth in locating and choosing a sponsor who may be the youth's out-of-home provider, attorney ad litem, apartment manager/owner, or a volunteer from the community.
C. Approve the sponsor chosen by the youth.
D. Notify the TYS Coordinator of the youth's sponsor.
E. Assist the youth and his or her Transitional Team in determining appropriate housing and needed support for the first school year. (If youth intends to reside with sponsor, he or she must be an approved placement.)
F. Complete CFS-370: Residence Checklist for Youth.
G. Notify Resource Worker to initiate the youth's monthly board payments when residence is selected.
H. Develop a budget with the youth and share it with the Transitional Team.
I. Visit the youth face-to-face at least once a month.
J. Obtain approval for less than twice-monthly visits from the County Supervisor, if appropriate.
K. Maintain monthly contacts with the youth's sponsor. Contacts may be by telephone.
The youth's sponsor will, as appropriate:
A. Attend and participate in Team Meetings.
B. Assist the youth in selecting the independent living residence.
C. Assist the youth with managing their budget if selected as board payment payee.
D. Maintain regular contact with the youth.
E. Notify the FSW and/or Transitional Team of any problems or concerns detected during the visit.
POLICY VIII-C: AFTER CARE SERVICES AND SUPPORT
01/2011
Chafee funds can be used to provide assistance and services to youth who have left foster care because they have attained 18 years of age and who have not attained 21 years of age. These services are called After Care. The youth must have been in foster care on his or her 18th birthday and not currently in DHS custody to be eligible for after care services and support.
In order to be eligible for after care, youth must meet one of the following criteria:
1. Youth must have been in foster care at or before age 17, OR
2. Youth must have entered care at age 17 or after due to dependency-neglect, OR
3. Youth must have entered foster care at age 17 or after with a prior dependency-neglect status.
After care support is generally limited to $500 in any one month and may be requested for a total of $2000. After care support may include expenditures for education or training programs, housing, insurance, housing set-up, transportation, utility bills, or utility deposits. After care support is paid to the provider, not the youth. Reimbursement may be made to the youth if documentation of the expense is provided. After care support does not include amounts available through ETV. Youth eligible for after care may also participate in life skills classes.
PROCEDURE VIII-C1: After Care and Follow Up
The TYS Coordinator will:
A. Work with the youth requesting after care support. Request will be made via CFS-004: Request for After Care Support.
B. Reopen the youth's closed child protective service case and assign the TYS Coordinator as the primary worker.
C. Select Independent Living Program services as the case type.
D. Complete the Contact screen for all contacts with youth, and update as appropriate.
E. Complete Education and Employment screens, and update as appropriate.
F. Update Client Contact Information and document names of life connections.
G. Document the type and extent of financial assistance to be provided.
H. Assist the youth in selecting a residence that is appropriate for his or her immediate needs, if needed.
I. Complete a CFS-370: Residence Checklist for Youth to assure the residence and location are acceptable and document in the Document Tracking screen in CHRIS.
J. Provide the youth with available alternatives for meeting their immediate housing needs, if appropriate.
K. Recommend and assist in arranging for personal or community support as requested.
L. Assist the youth in applying for assistance if he or she wishes to start or continue a post-secondary educational program.
M. Submit purchase requests for payment of allowable assistance and document in the Document Tracking screen. Payment is not made directly to the youth, except for approved travel reimbursement.
N. Forward after care support requests to Financial Support Unit at least two weeks before payment is due.
PROCEDURE VIII-H8: Termination of Adoption Subsidy
01/2011
Termination of an adoption subsidy will occur:
A. Upon the adoptive parent(s)' request.
B. When the child reaches the age of 18.
C. When the child reaches the age of 21, if he or she
D. Upon the child's death.
E. Upon the death of the adoptive parent(s) of the child (one parent if a single parent family and both in a two-parent family).
F. At the cessation of legal responsibility of the adoptive parent(s) for the child.
G. If the Division determines that the child is no longer receiving support from the adoptive parent(s).
The Family Service Worker will notify the Adoption Support Specialist of any change in the adoptive family's circumstances, which would warrant termination of the adoption subsidy.
The Adoption Support Specialist will:
A. In CHRIS:
B. Determine if termination of the adoption subsidy is necessary.
C. Conduct a staffing with the Manager, Adoption Services Unit.
D. Provide written notification to the adoptive parent to explain the reason for the termination of the adoption subsidy and the internal review procedures.
E. Enter computer data to terminate the adoption subsidy.
POLICY X-A: HOME STUDIES AND SUPERVISION
01/2011
The Division will conduct home studies or provide supervision services when ordered by the juvenile division of the circuit court. The Division will also conduct home studies for cases in which DCFS is a party of the litigation and for Interstate Compact on the Placement of Children (ICPC) cases. A court order to conduct a home study is not required for cases in which DCFS is a party to the litigation or for ICPC cases. Requests for home studies on adoption cases requested from other states will only be conducted through ICPC.
The Division will not be required to conduct a court ordered home study, investigation or supervision related to private litigation cases (i.e. divorce, custody) unless the court has first determined that the responsible party is indigent, and the investigation, study or supervision is to take place within the state of Arkansas.
The following policy statements are in accordance to the Uniform Adoption Act. The Department or any licensed social worker shall conduct a home study before placement of a child in the home of the petitioner. Home studies on non-Arkansas residents may also be conducted by the person or agency in the same state as the person wishing to adopt as long as the person or agency is authorized under the law of that state to conduct home studies for adoptive purposes.
The Department of Human Services shall not be ordered by any court to conduct an adoptive home study, unless:
A. The court has first determined the responsible party to be indigent OR the child to be adopted is the subject of an open dependency-neglect case and the goal of the case is adoption; and
B. The person to be studied lives in the state of Arkansas.
The home study shall be prepared and submitted in conformity with regulations promulgated pursuant to the Child Welfare Agency Licensing Act § 9-28-401 et seq., as stated in PUB-04.
The home study shall not be waived when the case is a fast-track adoption of a Garrett's Law baby under A.C.A § 9-9-702.
PROCEDURE X-A1: Guidelines for a Home Study
Upon receipt of a request for a home study, the Services Supervisor will:
A. Assign the case to a Family Service Worker or, if it is a request to conduct a non-relative independent adoption study, forward the request to the Adoption Unit, Slot S565 for assignment to an Adoption Specialist.
B. Contact OCC if an in-state court ordered home study request is received on a private litigation case that does not contain indigent language indicating the responsible party is unable to pay.
The Family Service Worker will:
A. Contact the family by letter to advise of the request to conduct a home study. Enclose with the letter the appropriate forms to be completed by the family. The family will be advised to return the following completed forms to the worker within seven working days:
B. Contact the family a second time if the family has not returned the completed forms within the seven-day period. Advise the family that the completed forms must be returned within five working days. If the family does not respond to the second request, the worker will send a letter to the requesting party advising that the family has not responded to efforts to conduct the home study. Completion of the home study should not proceed if the information forms are not completed. Any assistance in completion of the forms should be provided or arranged by the worker in situations of physical or mental disabilities or illiteracy.
C. Contact the family to schedule a home interview upon receipt of the completed forms.
D. Interview the family. Follow the guidelines as outlined in policy for completing a home study. The home study is to be completed within thirty working days of receipt of the request. Notify the requesting party if additional time will be required to complete the home study.
E. Forward the completed home study with a cover letter to the court and the requesting party if different. A copy of the home study will be retained in the county office case file.
F. In CHRIS:
PROCEDURE X-A2: Content of the Home Study
A. Purpose of the Home Study: Discuss the basis of the action and primary persons involved.
B. Motivation: The individual's (individuals') motivation for opening his or her home.
C. Household Composition: The full legal names of everyone residing in the home, birth dates, relationships to one another, and a brief physical description.
D. Housing: Address and location, type of structure, length of time at residence, upkeep and housekeeping standards, future residence plans, and sleeping arrangements.
E. Safety Hazards: An assessment of the safety of the home and grounds including water hazards, swimming pools, hot tubs, dangerous pets, and other hazardous items/areas.
F. Income and Expenses: Employment history for the last six years (duration, salary, duties/title, degree of job security, hours), other sources of income, monthly living expenses, outstanding debts, and insurance. A recent check stub and the previous year's income tax return are required to verify income and employment.
G. Health: Current health of each family member, prior illnesses or medical problems, disabilities, clinic or doctor utilized and frequency of use, counseling (when and purpose), and hospitalization for alcohol abuse, drug abuse, or mental illness.
H. Education: Family members' educational attainment, future educational plans, parenting classes attended, child's school, child's teacher (verification with school personnel on how the child is doing, academically and behaviorally), child's current school grades, child's educational functioning, any school problems or successes experienced by the child.
I. Child Care Arrangements or Plans: Current arrangement or proposed arrangement as it relates to their working hours and income.
J. Child Rearing Practices: Purpose of discipline, correction methods, how they show affection, how they handle stress, allowance, chores, and homework.
K. Daily Schedule: Routines, sleeping habits, feeding habits, personal hygiene habits and consistency with routine.
L. Social History: Highlights and verification regarding action of marriages and divorces, children, relationships' support system, future plans, any significant extended family members not living in the home, and any significant personal, developmental, personality or legal problems.
M. Family Activities: Religious interests, social organizations, activities with children, and family roles.
N. Collateral and Reference Contacts: Discuss the results of contacts with the CFS-316: Request for Child Maltreatment Central Registry Check, CFS-342 (this check is required): State Police Criminal Record Check (this check is also required), school, child care providers, and reference letters for the home study. Any problems or concerns identified through collateral or reference contacts should be shared when appropriate with the family for clarification and further discussion.
O. Impressions, Conclusions and Recommendations: Evaluate the family's situation and ability to provide for a child based on the information obtained during the home study.
P. Approval: If the agency approves the foster parents(s), the agency shall specify in the home study the number age sex and other characteristics of children for whom the home is approved to provide care.
PROCEDURE X-A3: Supervision Record
The Family Service Worker or Adoption Specialist will:
A. In CHRIS, document services delivered and activities conducted on the Services Provided to Resource screen in Resource.
B. Maintain a file containing the court order, correspondence, narrative and any forms.
STANDARDS OF APPROVAL FOR FOSTER HOMES
DEFINITION
A foster home is a private residence of one or more family members that receives from a child welfare agency any minor child who is unattended by a parent or guardian in order to provide care, training, education, custody, or supervision on a 24 hour basis, not to include adoptive homes.
Although the licensing standards' definition of a foster home does not include adoptive homes, DCFS foster homes and adoptive homes must meet the same licensing standards to comply with federal funding regulations.
DCFS is accredited by the Council on Accreditation.
AUTHORITY
Standards for approving and supervising a foster home are promulgated under the authority of Arkansas Code Annotated 20-76-201 and 20-76-202.
STATEMENT OF POLICY AND PURPOSE
It is the policy of DCFS to promote and encourage the provision of safe and adequate foster care designed to meet all the needs of children when a child's biological/legal family is unable to provide adequate care. Therefore, the goal of the DCFS's foster home program is to provide an approved foster home for every child in care under supervision of the DCFS, as follows: The foster home placement should be the least restrictive, most family-like setting consistent with the child's special needs. It should be within close proximity to the child's parent/legal guardian, i.e., within 50 miles of the parental home.
The foster home makes it possible for children who cannot remain with their own birth/legal parents or guardians to live with a family and to have the experiences associated with normal family life. These experiences should include opportunities for physical and emotional development and socialization. Placement of a child in a foster home is considered to be a temporary situation until a permanent plan can be developed and implemented for the child in foster care. Foster parenting is not intended to be a permanent solution to the child's placement needs. Unless specified otherwise, the presumption is that the child's goal is to be returned to the parents. Persons wanting to adopt a child should not regard foster parenting as an alternative to adoption.
TYPES OF FOSTER HOMES
There are two types of foster homes: Regular Foster Homes and Provisional Foster Homes.
Regular Foster Homes
Regular foster homes are ones in which the foster parents agree to provide 24 hour care for a particular child in foster care. There will be an agreement between the child-placing agency and the foster parents that the family can care for that child as a substitute family until such a time as a permanent plan can be developed and implemented for that child. The foster parents will be given pertinent information about the child in foster care. This includes reasons for placement, circumstances for removal from the parent's home, where siblings are placed, a copy of the case plan and visitation plan. They will be kept informed concerning plans for the child's future. In many instances it will be appropriate for foster parents to reach out to the birth/legal parents. However, this outreach will be supervised by members of the reunification services team.
Family members and the physical characteristics of the home must be evaluated to determine special qualifications of the prospective foster family. Evaluation is considered with regard to special training and expertise, experience, and preference as to the numbers, ages, sex and characteristics of children who may be placed in their home.
Regular foster homes may also elect to serve in the following roles:
Emergency Foster Home - This is a home where the foster parents agree to provide temporary, short-term care for any child who is referred by the child-placing agency at any hour of the day or night. Emergency referrals include children placed in emergency custody of the child-placing agency by the courts, children for whom the child-placing agency is searching for a suitable regular foster home, and children who must be removed from a foster home before another suitable foster home is located. Placements are of short duration, pending outcome of a court hearing or location of a suitable regular foster home or relative.
Informal Respite Home - This is a home that can provide temporary care when the Foster Family Support System (see Alternate Care) is unable to assist or for situations in which children will be outside of the foster home for more than 72 continuous hours and the FFSS is not approved to provide care for that period. An informal respite home may provide care for no more than seven continuous days at one time.
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 to the child 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 month period. Provisional foster homes that are not in full compliance at the end of six months must be closed and the child(ren) removed or the relative must have been granted permanent custody by the court. Provisional foster homes shall not be paid a board payment until the relative meets all of the licensing requirements and DCFS standards, and is reclassified 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 foster homes must meet all provisional foster home requirements. These are a review of the home that includes a visual inspection, an expedited Child Maltreatment Central Registry check, an expedited State Police Criminal Record check, and a vehicle safety check.
ALTERNATE CARE
Alternate care for children in out-of-home placement may be used to provide assistance to foster parents when circumstances requiring supervision by an appropriate adult other than the foster parents exist, e.g., if both foster parents work, during foster parent training, transporting a child in foster care for medical purposes, need for short-term, temporary care to provide relief to the foster parent from the on-going responsibility of care, etc. Alternate care options include the following:
Normal Age-Appropriate Activities - Children in foster homes should be encouraged to participate in normal age-appropriate activities such as overnight visits with friends, extra-curricular activities, church activities, and short-term summer camps. Foster parents shall exercise careful consideration when determining whether a child may participate in any normal age-appropriate activity. Foster parents shall notify the FSW if the child will spend more than 24 continuous hours outside the foster home when participating in said activities.
Child Care - Child care may be routinely provided as a part of an out-of-home placement case. Child care providers must be on the voucher system and licensed by The Division of Child Care and Early Childhood Education or on the Voluntary Child Care Registry. Every attempt should be made to place children in care in a quality child care setting.
Child care may also be provided as a part of an out-of-home placement case to provide assistance to foster parents for non-routine circumstances that relate to the retention and/or support of the foster home, such as foster parent training.
Babysitting - Babysitters may be used to provide occasional care for children in the foster home for no more than six continuous hours at one time. Foster parents shall exercise careful consideration when evaluating the character and competence of any individual asked to babysit. Babysitters shall not transport children. Background checks are not required.
Foster Family Support System - The Foster Family Support System (FFSS) may be comprised of up to three individuals or families identified by the foster family. FFSS members may provide care for children when the foster parent is unable to do so on the occasion of anticipated or unanticipated events. Foster parents shall exercise careful consideration when evaluating the character and competence of any individual asked to serve as an FFSS member.
Members of a Foster Family Support System may transport children and care for children in the foster home or in the home of the FFSS member. However, an FFSS member shall not provide care for more than 72 continuous hours at one time regardless of the location in which care is provided. Requests for longer periods of care provided by an FFSS member must be approved by the Area Director or designee. The FSW shall be notified when an FFSS member will provide care for more than 24 continuous hours. The Foster Family Support System shall not be used in place of respite care or as an out-of-home placement.
All prospective FFSS members must be cleared through a Child Maltreatment Central Registry Check and a State Police Criminal Record Check. The Division will request any other state where the prospective FFSS member has resided in the preceding six years to check its child abuse and neglect registry. The Division will provide documentation in the case record that the Child Maltreatment Central Registry and State Police Criminal Record Checks were conducted on the prospective FFSS member. The Division will check the driving record (violation points) for each potential FFSS member. The Arkansas State Vehicle Safety Program sets the maximum number of traffic violation points an FFSS member foster parent may be allowed. Documentation of at least one home visit for evaluation purposes is required of all prospective FFSS members.
Respite Care - When an FFSS member is not available to provide needed care on a short-term basis, respite care may be utilized in order to temporarily relieve the foster family of the ongoing responsibilities and stresses of care. There are two types of respite care:
A. Informal Respite Home-See "Types of Foster Homes" section above.
B. Formal Respite Care - A DCFS contract provider who supplies short-term care particularly when a child's current placement is at risk of disruption and/or respite is needed to prevent a residential, Division of Youth Services (DYS), juvenile detention center, acute psychiatric, or similar placement. Formal respite care should be provided in accordance with a family-driven, youth-guided respite plan and in coordination with a child's behavioral health treatment plan (if applicable). Formal respite care shall be provided for no more than seven days per three month period. Longer periods of formal respite care require approval from the Area Director or designee.
SELECTION
The Division is responsible for selecting a suitable foster home for each child placed in its care. The home must meet foster home standards and the individual child's needs for the duration of placement. The preferences of the foster parents in regard to selection of children in foster care for that home must be strictly adhered to. In order to have a suitable foster home for each child in foster care, to minimize the risks involved in placement of a child in foster care away from his own family, and to assure that the child in foster care will not be moved from one foster home to another foster home, it is necessary to select families on the basis of careful assessment and evaluation. At least one parent in the foster home shall be able to communicate effectively in the language of the child. However, this does not apply to foster parents for infants or short-term emergency placements. It is necessary to have a sufficient number and variety of homes available and to improve the skills of existing foster parents through on-going training and supervision subsequent to pre-service training. Foster parents are required to have a minimum of 30 hours of pre-service training. Foster parents must complete CPR and First Aid training and receive certification in both areas prior to approval to become a foster parent. No placements can be made in the foster home until the foster parents have obtained CPR and First Aid certification. Foster parent applicants are encouraged by the Division to undergo a self-assessment intended to eliminate applications from families that cannot give the physical and emotional care necessary for healthy nurturing of children.
FOSTER HOME STANDARDS
Standards for foster homes are established to assure good care and growth-producing living experiences in a safe home environment for every child in foster care under supervision of the child-placing agency. These written standards are used to determine the suitability of applicants to be foster parents.
Standards are categorized as 1) Character, Suitability, and Qualifications for the Family Members and 2) Physical Standards for the Home. Standards are to be met by the family for the duration of their service as a foster home.
CHARACTER, SUITABILITY, & QUALIFICATIONS FOR THE FAMILY MEMBERS
Joint Application: In a two-parent home, the husband and wife shall be joint applicants. Each shall actively participate in the foster home assessment. This joint family commitment shall be reevaluated annually.
Personal characteristics: Foster parents must have the personal characteristics which enable them to assume the responsibility of caring for children in foster care. These personal characteristics include:
Age: Applicants shall be age 21 or older. Applicants shall not be approved as a foster home if one or both spouses are under the age of 21.
An Alternative Compliance must be obtained if one or both applicants are age 65 or older or when one or both spouses of a currently opened foster home reaches age 65.
Health: A physical examination for each member of the household is required prior to approval. The findings of the physical examination must verify that all members of the household are free of any physical or emotional health conditions which would adversely affect the welfare of a child in foster care. A psychological examination may also be required. All members of the household older than 12 years shall receive an annual skin test for tuberculosis, as long as test results remain negative. All household members with a positive test must provide documentation from a physician every two years certifying that he or she is free from communicable tuberculosis. Documentation will be via the CFS-478 (Physician's Report).
Immunization for all children in a foster home (birth/legal children of the foster family and children in care) must be kept up to date.
Foster parents must keep the Division informed concerning any changes in their physical or mental health. Annual physical examination documentation by use of the CFS-478 is necessary for foster families.
Foster parents shall provide the Division with the health history of each member of the household. This history will include physical and mental health services and treatment received. This requirement can be satisfied by submitting a completed CFS-478 at the time a physical is obtained for each person in the household during the time of initial foster home assessment.
A physical disability in either foster parent that does not interfere with the ability to give adequate care to a child shall not be a barrier to foster parenthood. The impact of the disability on the individual should be evaluated. This shall include how it affects their personality and whether it may have significance to a specific child in foster care.
Family Composition: In an effort to provide a high-level of support for children in foster care, two parent homes comprised of a mother and a father are encouraged. Both the mother and father should demonstrate a strong commitment to fostering.
Single parent households are welcome particularly for those children whose need for a two-parent household is not a crucial aspect of the care required.
All foster parents should have a strong support system in order to assist them in their role as foster parents and, in turn, better serve children in foster care. Applicants with professional training, such as nurses, may be desirable for special needs children. Other adults (grandparents, aunts, etc.) and children who are a part of the household shall be assessed regarding how they may be affected by the presence of a child in foster care and also the effect they themselves may have on the child in care.
Homes will not be approved if there are transient roomers or boarders. The family may not consist of two persons who are cohabiting as sexual partners outside of a marriage which is valid under the constitution and the laws of this state. This prohibition applies equally to cohabiting opposite and same-sex individuals. Additionally, there may not be any other adults in the home cohabiting with a sexual partner outside of a marriage which is valid under the constitution and laws of this state.
Marriage Verification and Stability: Marriages and divorces shall be verified. The pattern of marital stability shall be considered. Prospective foster parents must provide a copy of their marriage license to verify marriage. Foster parents must have a stable marriage. Not only will the unstable marriage have a negative effect on children in foster care placed in the home, but the special problems of some children in foster care could contribute to the break-up of an already unstable marriage. A person who is divorced must provide verification of that divorce and must be divorced for at least one year from the date on the court order (i.e., verification of any divorces that were finalized in the preceding year only are required). A person who is widowed must provide verification that they have been widowed for at least one year. Couples who are separated may not apply to be foster parents.
In situations where existing foster parents plan to divorce, a reevaluation shall be conducted on the family to determine if the family still meets all other licensing standards to ensure the health and safety of the children placed in the home.
In situations where an existing single foster parent plants to marry, a reevaluation shall be conducted on the family. DCFS staff must ensure that the future spouse is interviewed to discuss his/her compliance with the "Personal Characteristics" as outlined in this publication. The intended spouse must complete and pass all background checks. All unmarried foster parents must be advised at their approval orientation to 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.
Maximum Capacity: When all children in care are from the same sibling group, there will be no more than eight children physically in the home (including the foster parent's biological children and any other children who normally reside in the home of the foster family). The foster home shall not have more than five unrelated minor children in care.
Including the foster parents' biological children, the foster home may have no more than two children under the age of two and no more than three children under the age of six.
The sole exception to the above limits shall be in those instances in which the placement of a sibling group in a foster home with no other children in the home would exceed the limits.
Eight related children from the same sibling group may be placed together in the same foster home. 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:
One biological child and seven children in care from the same sibling group
Two biological children and six children in care from the same sibling group
Three biological children and five children in care from the same sibling group
In addition, the number of children in a foster home will be determined by the stamina, capacities, and skills of the foster parents, by physical space available for children, and by the foster parents' ability to meet the needs of all children present in the home.
The applicants must have legal custody or guardianship of any children (other than children in foster care) in the home that are not their birth children or relatives. Foster parents shall not keep children for more than one child-placing agency. Foster parents will not provide babysitting or child care services for other children on a regular basis in their home.
Birth/legal children of the foster parents shall take part in the foster home assessment. The extent of their involvement shall be determined by their age and level of maturity. These children must be in agreement with their parents' decision to become foster parents. Their agreement must be reevaluated annually.
Religion: Children in foster care must have the opportunity for religious, spiritual, and ethical development. Foster parents shall respect the religious preferences of the child in foster care and his or her birth/legal family. They must be able to present their own religious beliefs to children in foster care in such a way as to take into consideration the child's own religious background. The foster parents shall never force their own religious beliefs on a child in foster care whose religious background differs from their own. Foster parents shall arrange transportation to religious services for a child when necessary.
However, lack of a religious affiliation or a religious faith will not be a barrier to consideration of foster parent applicants.
Education: The level of formal education attained by the foster parent applicants shall be sufficient to allow them to function in their community, in their employment, and in their home. For example: foster parents should be able to follow physician's instructions, read labels on medication, and administer proper dosages of medication. The level of their aspirations for children shall be in accord with the particular child's ability. Their awareness of local educational facilities is important to children in their care. Foster parents shall have a positive attitude toward both academic and vocational education and be willing to meet the child's individual needs.
Financial Stability: The family shall have sufficient, reliable income to assure the family's stability and security, without a board payment. The foster family shall provide documentation (a copy of the previous year's income tax return) of sufficient financial resources to meet their needs. A copy of their tax return shall be placed in the foster parent's case record. Management of income shall be considered more important than amount of income. The family shall understand that keeping children in foster care is not a profitable venture.
Employment: Both parents may be employed outside the home only with certain provisions. We strongly encourage either the husband or the wife to remain at home with a child in foster care for as long as necessary after placement to provide security and initial adjustment for the child in care. Careful consideration will be made before infants and preschool children are placed in a home where both foster parents have outside employment. When placing school-age children in a home where both parents are employed, the Division shall do so on the basis of careful evaluation of what is best for the individual child. Suitable plans for the care and supervision of children in foster care before and after school, during school holidays and vacations, and when children are ill and absent from school must be made and approved by the Division. Arrangements for a suitable caretaker must be made ahead of time to prevent last minute arrangements that could result in an inappropriate caretaker.
Single parent households where the sole parent is employed outside the home shall be considered the same as a two-parent household where both parents are employed outside the home. Only school-age children shall be placed there.
If employment is seasonal, the family must have compensatory income or savings in the off seasons. Demands made on foster parents' time by overtime work, revolving shifts, etc., are considered pertinent to their ability to provide adequate care for a child in foster care.
At no point shall foster homes also serve as licensed Child Care Facilities. There shall be no exceptions.
Criminal Record and Child Maltreatment Central Registry Check: Foster parents and all members of the household 10 years of age and older, excluding children in foster care, shall consent to a Child Maltreatment Central Registry Check in all the states in which the applicant or household member has lived in the past six years, and in the person's state of employment, if different. The person must have no history of true abuse and/or neglect. The Division shall repeat the Child Maltreatment Central Registry Check every two years on all persons required to have the check.
An FBI fingerprint-based Criminal Background Check will be conducted on foster parents and any other members of the household 18 years of age or older, excluding children in foster care. This check need not be repeated.
Foster parents and all members of the household age 18 or older, excluding children in foster care, shall consent to the Division making an Arkansas State Police Criminal Record Check. The Division shall repeat an Arkansas State Police Criminal Record Check every two years on any person required to have the check. This is required by the Minimum Licensing Standards for Child Welfare Agencies (PUB-04).
The members of the household shall be free of criminal convictions for offenses listed in ACA § 9-28-409. These offenses include: capital murder, 1st or 2nd degree murder, manslaughter, negligent homicide, kidnapping, false imprisonment in the first and second degrees, permanent detention or restraint, battery in the 1st, 2nd or 3rd degree, aggravated assault, assault in the 1st or 2nd degree, terroristic threatening in the 1st or 2nd degree, any sexual offense, permitting abuse of a child, endangering the welfare of a minor in the 1st or 2nd degree, contributing to the delinquency of a minor, engaging children in sexually explicit conduct for use in visual or print medium, transportation of minors for prohibited sexual conduct, use of a child or consent to use of a child in sexual performance, and producing, directing, or promoting sexual performance by a child; incest, interference with visitation, interference with custody, engaging in conduct with respect with controlled substances, distribution to minors, public display of obscenity, prostitution, promoting prostitution, criminal attempt, criminal complicity, criminal solicitation, criminal conspiracy, any felony or misdemeanor involving violence, threatened violence or moral turpitude, and former or future law of this or any other state or of the federal government which is substantially equivalent to one of the aforementioned offenses.
In addition, any felony conviction for physical assault or battery or a drug-related offense will disqualify a prospective foster or adoptive parent if the offense was committed within the past five years.
Vehicle Safety Check: DCFS will check the driving record (violation points) for each potential foster parent and other applicable members of the household. The Arkansas State Vehicle Safety Program sets the maximum number of traffic violation points a foster parent may be allowed.
Knowledge of Child Growth and Development: The foster parents must have a working knowledge of child growth and development. This must include knowledge of child care, milestones in development, first aid, and nutrition. Awareness of the emotional needs of children is as important as awareness of the physical needs of children.
Corporal punishment is not allowed in a DCFS Foster Home. Foster parents are expected to use time-outs, denial of privileges, and explanation of expectations, etc., as disciplinary measures.
The care and development of the child shall be maintained as follows:
Daily Activities
Family foster parent(s) shall ask children in their care to assume work responsibilities reasonable for their age and ability and commensurate with those expected of their own children.
Clothing and Personal Belongings
Discipline and Control
Health Care
Education
Religious and Ethnic Heritage
Acceptance of Division Regulations
PHYSICAL STANDARDS FOR THE HOME
Accessibility of the Home: The foster home shall be accessible throughout the year to fulfill the needs of the child in foster care, and to ensure access to available education and religious training, recreation, parental visiting, supervision by the Division and medical care for the child. The accessibility of the home shall be judged in relation to the foster parents' ability to transport the child for medical care, etc., should that be needed.
Neighborhood: The neighborhood/community in which the foster home is located will be one which is accessible. It will provide a healthy environment and be free from health hazards, dangerous objects accessible to children, and incidents of violent crime.
Ownership of Home: If the foster family does not own the home in which they live, the person who owns the home shall verify that he/she has no objections to the applicant caring for children in foster care in the home.
General Appearance of the Home: The home shall be free from physical and health hazards.
Indoor Arrangement and Use of Rooms: Rooms shall be arranged to allow convenient living. There must be adequate space for privacy, play, and study for all family members. There shall be sufficient seating for the family to eat together. The number of children in foster care placed in a foster home also shall be limited by the number of persons who can satisfactorily live within the physical limits of the home. Individual space shall be provided for the child's personal possessions and a designated space for hanging clothes in or near the bedroom occupied by the child shall be provided for that child. Space requirements may be waived on a case-by-case basis for Provisional Foster Homes.
Sleeping Arrangements
Water Supply: The home shall have a continuous supply of clean drinking water. Water supplied by any source other than a city water department shall be tested yearly by the Arkansas Health Department to assure that it is safe for human consumption. If a water supply is found unsafe, an alternate compliance of the water supply must be agreed upon, put in place, and maintained.
General Safety Standards: The home shall be free from physical hazards which would endanger the physical safety of children. This shall be verified by inspection of the entire dwelling, the yard surrounding the house, the basement, the attic (if accessible), the garage or carport, and any storage area. Specific qualities to check for include:
Fire Safety
Telephone: The home shall have an operational telephone. Working cell phones kept on the premises are acceptable. The phone shall be accessible to children.
Alternative Compliance & Policy Waiver Requests
DCFS bases its standards of care and character on the Child Welfare Agency Licensing Act (CWALA). If it is believed that a foster parent applicant 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 policy waiver.
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.
Child Welfare Licensing requirements state, "Any person who is required to have a criminal check under the law and who pleads guilty or nolo contendere to, or is found guilty of any of the offenses listed in the licensing standards unless the conviction is vacated or reversed, shall be presumed to be disqualified to be an owner, operator, volunteer, foster parent, adoptive parent, member of an agency's board of directors, student intern, or employee in a child welfare agency after the completion of his or her term of confinement, probation, or parole supervision. This presumption may be rebutted in the following manner:
In making this determination, the board shall consider the following factors:
The following crimes require an Alternative Compliance:
The board's decision to disqualify a person from being an owner, operator, volunteer, foster parent, adoptive parent, member of an agency's board of directors, or an employee in a child welfare agency under this section shall constitute the final administrative agency action and shall not be subject to review.
The DCFS Director will review all available information concerning a request for an Alternative Compliance to ensure that enough documentation is available to comply with the above requirements.
A Policy Waiver is a request to deviate from the letter of the DCFS Policy, procedures, and standards. Policy waiver requests are approved by the DCFS Director. All misdemeanor convictions require a policy waiver, including hot checks, shoplifting, DUI and DWI.
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.
APPROVAL OF FOSTER HOMES
A foster home assessment shall be completed to determine that applicants meet established standards for foster homes. Also, written notice of approval will be given to that home. Both steps must have been taken before approving the placement of any child in care in that foster home.
The objective of the foster home assessment will not be to accumulate data, but to use information obtained in a dynamic way; first, to help evaluate the applicants and, second, to help the applicants make an informed decision about their own suitability to serve as foster parents.
The foster home assessment will consist of a minimum of the following steps to assure that the home meets standards:
A. Physician's statement of health for all family members.
B. Health Department inspection of the home, specifically the water supply and sewage disposal system, if it comes from a source other than city water. Annual testing of the water supply is required.
C. Inspection of the house and surroundings, including receiving documentation that the foster parent carries homeowner's or renter's insurance and general liability insurance, which may be included in the homeowners policy.
D. Personal interviews with or written responses from references.
E. A case record which includes documentation of compliance with standards and documentation that the foster parents completed CPR and First Aid training and received certification in both areas prior to approval. The case record shall also include a narrative summary of all pertinent information, and recommendation for approval. Terms of approval; i.e., the number of children for which the home has been approved, their ages and sex and any special needs must be specified. The preferences of the foster parents will be strictly adhered to by the Division.
F. A Child Maltreatment Central Registry Check of the foster parents and any other persons age 10 or older residing in the home, excluding children in foster care. This check must be made prior to approval and shall be repeated thereafter every two years.
G. A State Police Criminal Record Check on all persons age 18 and older residing in the home, excluding children in foster care. This check must be made prior to approval and shall be repeated thereafter every two years.
H. A fingerprint-based FBI Criminal Background Check on all persons age 18 and older living in the home, excluding children in foster care. This check must be made prior to approval and need not be repeated thereafter.
DENIAL OF A FAMILY FOSTER HOME
Any applicant who does not meet all standards for approval as a foster home, or who has received an unfavorable second party review in waiving a standard contained in this document, shall be denied for placement of children in foster care. No standard contained in PUB-04: Minimum Licensing Standards for Child Welfare Agencies can be waived without prior approval of the Child Welfare Agency Review Board. Documentation or reasons a home was denied for placement of children shall be made in the case record, and the applicant shall be informed in writing of the reason for denial.
APPROPRIATE SELECTION AND PLACEMENT
Applicants who meet standards established for foster homes shall be selected for placement of children in foster care when the child's individual needs can be met by that family. An individualized training plan shall be developed for the foster parents that takes into consideration the age and characteristics of children for whom the foster parents have expressed preferences. It shall be recognized that each family has special qualifications and limitations. There shall be a written agreement documented by forms CFS-462 and CFS-462A, provided for that purpose, between the child-placing agency and the applicant. The agreement shall state that only children in care who can benefit from the individual family environment will be placed in that particular home.
The written agreement shall be signed upon approval during the home study process and shall include:
A. Expectations and responsibilities of the Division, the staff, and the foster parents.
B. Services to be provided.
C. Financial arrangements for the children placed in the home.
D. Authority the foster parents can exercise for the children placed in their home.
E. Actions that require Divisional staff authorization.
F. Legal responsibility for damage or risk resulting from children in their home.
G. The Division's process and procedures for investigating complaints.
H. The Division's procedure for giving advance notice of termination of a placement except for documented emergencies. (See the County Office Contact Persons Form placed at the end of this publication.)
REEVALUATION OF A FOSTER HOME
The Family Service Worker will monitor the foster home at least quarterly for continued compliance with the standards of approval for foster homes. The Family Service Worker shall formally complete CFS-475: Checklist for Compliance on the foster family every three months and will file the completed form in the foster home record. The Family Service Worker or agency designee will formally complete Section F (On-going Monitoring) of the CFS-475. Foster homes must be reviewed annually; i.e., no later than the anniversary month of the foster home's approval, to assure that they continue to meet all standards and policy requirements. The foster home record must document that the foster parents maintained current certification in both CPR and First Aid. Any foster home that does not continue to meet standards will be closed for placement of children in foster care.
Other than annual reevaluations, foster homes shall be reevaluated if any of the following conditions develop:
A. Death or serious illness among the members of the foster family.
B. Marriage, separation, or divorce of foster parents.
C. Loss of or change in employment status by either foster parent.
D. Change in residence.
E. Suspected maltreatment of any child in the home.
F. The addition of family members.
G. Any other major life changes for the foster family.
RESPONSIBILITIES OF THE DIVISION
A. The Division shall be responsible for selecting a foster home specifically trained and suited to a child's special needs.
B. The Division shall be responsible for the proper implementation of a permanent plan for a child.
C. The Division shall supervise all children in foster care placements. Children in out-of-home placement will be visited regularly and such visits will take place no less than weekly for the first month of placement into foster care or a new foster home. Visitation after the first month in care will occur monthly in the foster home, with the worker maintaining weekly contact with the child through the following settings: school, parental visits, during transportation to medical appointments, court hearings or via telephone. Visits may be scheduled or unannounced. A portion of this visitation shall be set aside for separate and private conversation between the Family Service Worker and the child to assess the quality of care being provided.
D. The Division shall evaluate the specific strengths, needs, preferences, and experience of each foster home. This shall be used to determine the number, ages, sex, and characteristics of children who will be placed in the home. These determinations shall consider the foster parents' own family life. No child may be placed in a foster home in violation of the limitations established in this assessment or the foster parents' preferences.
E. The Division shall make training available to the foster parents. Training will be at times and locations that will enable the foster parents to meet their training requirements. Assistance to the foster parents with reimbursement for transportation and child care shall be provided by the Division, as needed.
F. The Division shall provide support services, such as emergency, respite care, child care, transportation, crisis and after-hours intervention, counseling, and foster parent mentors for the foster parents. These services shall be available, as needed, to assist in providing proper care or to prevent the disruption of a child's placement.
G. The Division shall not place children with any foster parents who have not satisfactorily completed the required 30 hours of pre-service training.
H. The Division shall not place children with any foster parent who has not satisfied the annual in-service training requirement of 15 hours that comes due at the end of the second year. The Division may make an exception for any foster parent whose annual in-service training hours are no more than 60 calendar days overdue.
I. The Division shall keep a record for each child that includes legal documents (e.g., birth certificate, social security card, court orders). The Division delegates the responsibility for the day-to-day care of the child in foster care to the foster parents. Foster parents shall be provided with the following information for every child placed in their home:
J. The foster parents shall be notified of all staffings and judicial reviews for children in foster care placed in their home. Foster parents shall be provided the opportunity to have input in shaping the case plan. Foster parents shall have their roles and the roles of the child's Family Service Worker clearly defined with regard to carrying out each of the specific tasks of the child's case plan. While foster parents are responsible for the day-to-day care of children placed in their home, DCFS retains legal responsibility for supervision, decision making, and assuring continuity of care for the child.
K. All child maltreatment allegations concerning any person in a foster home shall be investigated in accordance with the Child Maltreatment Act § 12-18-602.
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.
Priority I Allegations: For all Priority I allegations, if the alleged offender is a foster parent or any other member of the foster family household, then all the children in foster care in that home will be removed from that foster home. If the alleged offender is a child in foster care, then the alleged offender child will be removed from that home and placed in a foster home without any other children.
Priority II Allegations: When any foster home is the subject of a Priority II child maltreatment allegation, an evaluation will be conducted on an individual basis to determine if the child(ren) can safely remain in the home during the investigation. If it can be shown that it is in the best interest of any of the children currently placed in that foster home, a protection plan may be considered to allow any or all of the children in foster care to remain in a home involved in a maltreatment report. If the safety and welfare standards of the Division cannot be met, and the children cannot safely remain in the home, the children in care shall be removed and placed in another approved foster home
While any foster home is being investigated because of a maltreatment allegation, Priority I or II, no additional children in foster care may be placed in the home.
If the Priority I or II allegation report is unsubstantiated, consideration will be given to returning any children who were removed from the foster home as a result of the allegation. This will be determined by holding a staffing so that all stakeholders may have input. The decision made shall depend on the best interest of the child.
If the report of Priority II maltreatment is an investigative true finding, the protection plan must be reevaluated if the children are allowed to remain in the home during the hearing process.
For all investigative determinations where allegations of Priority II child maltreatment are found true and up-held by the administrative hearing, the well-being of each child who is in the home will be re-assessed on an individual basis. If it can be shown that it is in the best interest of any child to remain in that home, then a waiver or alternative compliance, depending on the situation, may be considered so that the home may remain open to care for that child.
In cases where the foster home is allowed to remain open, if the foster parents wish to be considered for the placement of additional children, an Individualized Training Plan shall be developed and completed before any additional child is considered for placement in that home.
L. The Division shall continually monitor the appropriateness of the placement.
RESPONSIBILITIES OF THE FOSTER PARENTS
A. Foster parents shall comply with the objectives of the foster home program by providing care and supervision in a family environment for every child in foster care placed in their home by the Division. This care and supervision shall include experiences associated with normal family life and an opportunity for the child to develop to his or her full potential emotionally and physically.
B. Foster parents shall recognize that foster care is a temporary arrangement until a permanent plan can be established and implemented. Foster parents shall cooperate with the Division by respecting the rights of the child's birth/legal parents, participating in training offered by the Division, accepting the Division's supervision of any child placed in their home, and participating in periodic reevaluations of the home. The foster parents shall cooperate with the Division by recognizing that the Division sees foster care as a temporary but integral step in arriving at a permanent plan for the child. They shall agree to allow parental and sibling visitation, as scheduled by the Division. Foster parents shall agree to provide a home for the child in care as long as that placement is appropriate for the child.
C. Foster parents shall provide continuous care for any child placed in their home until the permanent plan can be implemented, unless there is agreement between the Division and the foster parents that the placement is not appropriate.
D. Foster parents shall agree to participate in pre-service and in-service training programs for foster parents, as specified by policy.
E. Foster parents shall provide direct care and have decision-making authority concerning the child's daily living. However, they cannot make independent major decisions that have far-reaching effects on the child's life, such as consents for surgery, military service, or marriage. They should not make decisions that have far reaching effects for the child's personal appearance without consulting the Family Service Worker.
F. Foster parents shall provide reasonable opportunities for mail/phone contact and visits with parents/legal guardians and with siblings.
G. Foster parents shall notify the Division immediately of serious illness, accidents, or any unusual circumstances affecting the health, safety, physical, or emotional well-being of the child in foster care.
H. Foster parents shall share the primary responsibility of helping children in foster care who are age appropriate to develop independent living skills along with the child's assigned Family Service Worker.
I. Foster parents shall sign an agreement with the Division to provide foster care, CFS-462: Initial Foster Home Agreement, and a separate agreement for each child in foster care placed in the home, CFS-462A: Foster Home Agreement Addendum.
J. The foster parents shall respect the rights retained by the birth/legal parents and the Division.
K. Foster parents shall maintain absolute confidentiality of private information about the child in their care and his/her birth/legal family. It is understood that the foster family interacts with others. Nevertheless, information about the child's history, or information which the child wishes to keep private must not be discussed with others. Policies, activities, and programs of the Department of Human Services are discussed publicly in generalizations only. Identification of particular cases or children must not be made without prior approval.
L. Foster parents shall make every effort to give the Division advance notice if it becomes necessary to request removal of a child placed in their home. When a foster parent requests a child in foster care be removed from their home, excluding an emergency that places the child or a family member at risk of imminent harm, the foster parent must 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 have the child removed from their home. The child in foster care, the child's attorney ad litem, and a CASA, if appointed to the case, 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 child in care until an appropriate alternative placement is located, but this shall not be longer than five business days after the staffing. These efforts will serve to reduce the number of placements of children in foster care.
M. Foster parents shall maintain records in accordance with Division procedures and forms for the children placed with the family. This includes both health and progress records.
FOSTER PARENT LIABILITY
Foster parents must carry homeowner's or renter's insurance and general liability insurance, which may be included in the homeowner's policy.
Any claims that are not covered by home owner's insurance for damages or destruction to a foster parent's personal property or to the property of others due to the actions of a child placed in a foster home will need to be filed with the Arkansas Claims commission. Foster parents or the individual can request the appropriate application to submit a claim by contacting the Arkansas Claims Commission, 101 E. Capitol Ave., Suite 410, Little Rock, Arkansas 72201, Phone (501) 682-1619.
Prior to filing a claim with the Claims Commission, the foster parents or the individual will need to contact the local DCFS county office to provide information needed to complete an incident report. This incident report will be submitted to Central Office by county staff and will be used to assist the Claims Commission in processing the claim.
According to Act 941 of 1989: "Family foster parents approved by a child welfare agency licensed by the Department of Human Services shall not be liable for damages caused by their children in foster care, nor shall they be liable to the children in care nor to their parents or guardians of the children placed in their home for injuries to the children in foster care caused by acts or omissions of the family foster parents unless the acts or omissions constitute malicious, willful, wanton or grossly negligent conduct."
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 as a foster home 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 your local DHS County Office for clarification and interpretation of any information provided in this publication.
INTRODUCTION
The Division of Children and Family Services (DCFS) is a licensed Child Welfare Agency and all of its approved foster homes must be in compliance with all licensing requirements. The Child Welfare Licensing act defines a "Foster Home" as private residence of one 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 24 hour basis, not to include adoptive homes (see PUB-04: Minimum Licensing Standards for Child Welfare Agencies). Although the licensing standards' definition of a foster home does not include adoptive homes, DCFS foster and adoptive homes must meet the same licensing standards to comply with federal funding regulations.
Foster Care is a program designed to provide a substitute family life experience in a DCFS approved foster home, provisional 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 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 differences in responsibilities and perspectives, conflicts may arise. How well conflicts are worked
TYPES OF FOSTER HOMES
There are two types of foster homes: Regular Foster Homes and Provisional Foster Homes.
Regular Foster Homes
Regular foster homes are ones in which the foster parents agree to provide 24 hour care for a particular child in foster care. There will be an agreement between the child-placing agency and the foster parents that the family can care for that child as a substitute family until such a time as a permanent plan can be developed and implemented for that child. The foster parents will be given pertinent information about the child in foster care. This includes reasons for placement, circumstances for removal from the parent's home, where siblings are placed, a copy of the case plan and visitation plan. They will be kept informed concerning plans for the child's future. In many instances it will be appropriate for foster parents to reach out to the birth/legal parents. However, this outreach will be supervised by members of the reunification services team.
Family members and the physical characteristics of the home must be evaluated to determine special qualifications of the prospective foster family. Evaluation is considered with regard to special training and expertise, experience, and preference as to the numbers, ages, sex and characteristics of children who may be placed in their home.
Regular foster homes may also elect to serve in the following roles:
Emergency Foster Home - This is a home where the foster parents agree to provide temporary, short-term care for any child who is referred by the child-placing agency at any hour of the day or night. Emergency referrals include children placed in emergency custody of the child-placing agency by the courts, children for whom the child-placing agency is searching for a suitable regular foster home, and children who must be removed from a foster home before another suitable foster home is located. Placements are of short duration, pending outcome of a court hearing or location of a suitable regular foster home or relative.
Informal Respite Home - This is a home that can provide temporary care when the Foster Family Support System (see Alternate Care) is unable to assist or for situations in which children will be outside of the foster home for more than 72 continuous hours and the FFSS is not approved to provide care for that period. An informal respite home may provide care for no more than seven continuous days at one time.
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 to the child 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. Therefore, a provisional home may be opened before the results of the FBI Background Check are received, before the provisional foster parents have completed the pre-service training, and before a full home study is finished (however a walkthrough of the home is required before placement in a provisional home). These are the only differences in approval requirements, including minimum licensing requirements, between provisional foster homes and regular foster homes in Arkansas.
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 month period. Provisional foster homes that are not in full compliance at the end of six months must be closed and the child(ren) removed or the relative must have been granted permanent custody by the court. If the home is opened as a regular foster home, the foster parents may then request to care for non-relative children in foster care with the understanding that additional evaluation of their home would be required to ensure that it would be an appropriate placement for non-relative children. Provisional foster homes shall not be paid a board payment until the relative meets all of the licensing requirements and DCFS standards, and is reclassified 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 foster 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.
RESPONSIBILITIES OF THE FOSTER CARE TEAM
Children in Foster Care
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 well-adjusted 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 children in foster care:
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:
Responsibilities of birth/legal parents:
Foster Parents and Provisional Foster Parents
It is the responsibility of foster parents and provisional foster parents to provide 24 hour nurturing care to children in foster care. 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 child in foster care on a day-to-day basis. This closeness allows the foster parents 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 a mentor to the birth/legal parents. This mentoring relationship may be the first opportunity the parent has had to observe and learn effective parenting skills.
Responsibilities of DCFS to Foster Parents:
Responsibilities of foster parents to DCFS, the child, and the child's family:
Foster parents are prohibited from using corporal punishment on a child in foster care. Methods of discipline that are unacceptable for use by foster parents with the child include, but are not limited to:
DEPARTMENT OF HUMAN SERVICES & DIVISION OF CHILDREN & 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:
APPROVAL, TRAINING, & SUPPORT OF FOSTER HOMES
Foster Home Approval Process
In order to ensure quality foster homes, DCFS will complete a thorough home assessment for each prospective foster family. The home assessment is a mutual selection process. It involves several components including, but not limited to, an in-home consultation visit, background checks, pre-service training, a home study, and ongoing consultation with the prospective foster parents to ensure that all appropriate criteria related to both compliance and quality are met. An assessment will be conducted prior to the placement of a child in one's home. 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.
The purpose of the 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, and third, it is to see that they meet the Standards of Approval for Foster Homes, PUB-22.
Assessing the character, suitability, and qualifications of the family to operate a foster home will be done in relation to the following areas:
Standards of Approval
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 foster home reaches age 65.
Health - All household family members must pass a medical exam (within six 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 12 years shall receive an annual skin test for tuberculosis, as long as test results remain negative. A household member with a positive skin test must provide documentation from a physician every two years certifying that he or she is free from communicable tuberculosis.
Physical Disabilities - Physical disabilities of any family member 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 a stable marriage and stable family situation must be provided. Not only will an unstable marriage or family situation have a negative effect on children in foster care that have been placed in the home, but the special problems of some children in foster care could contribute to the break-up of an already unstable marriage or the permanent disruption of an already unstable family situation. If foster parents divorce, the Resource Worker will complete a reevaluation of the home to determine if the family still meets all other licensing standards to ensure the health and safety of the children placed in the home. A person who is divorced must provide verification of that divorce and must be divorced for at least one year from the date on the court order (i.e., verification of any divorces that were finalized in the preceding year only are required). A person who is widowed must provide verification that they have been widowed for at least one year. Couples who are separated may not apply to be foster parents.
In situations where an unmarried foster parent has plans to marry, a reevaluation shall be conducted on the family. DCFS staff must ensure that the future spouse is interviewed to discuss his/her compliance with the "Personal Characteristics" outlined in PUB-22, Standards of Approval for Foster Homes. The intended spouse must complete and pass all background checks. 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.
Households that contain an adult, who is cohabiting with a sexual partner outside of a marriage which is valid under the constitution and laws of this state, may not participate in foster care. This prohibition applies equally to cohabiting opposite-sex and same-sex individuals. Additionally, there may not be any other adults in the home cohabiting with a sexual partner outside of a marriage which is valid under the constitution and laws of this state.
Family Composition - A foster home may have up to eight children. This may consist of up to five unrelated 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 eight children in care who are all related.
One child of the parents and seven children in care who are all related.
Two children of the parents and six children in care who are all related.
Three children of the parents and five 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.
There can be no roomers or boarders in the home. Family members are not considered roomers or boarders. Households will be assessed based on the caretaker's ability to parent a child in foster care. Other children and adults who are part of the household will be evaluated on the basis of how they will affect the successful development of a child in foster care.
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 foster home. The foster home shall not be licensed as a Child Care Family Home.
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.
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 at least two exterior doors situated to provide safe exit or the home shall have a written statement from the Fire Department that the alternative escape route is approved. This approval shall be kept in the foster home case record. There shall be 50 square feet of sleeping space per child in foster care and an opening window, large enough that the child can exit through it, in each bedroom where a child in foster care sleeps. Bars, grilles, grates, or other items that block access to the window are permitted only if they can be removed from the inside without the use of a key, tool, or force greater than that required for normal operation of the window. In this event, each such bedroom must have a working smoke detector in the bedroom. The stacking of baby beds is prohibited.
Telephone - The home shall have an operational telephone. Working cell phones kept on the premises are acceptable. The phone shall be accessible to children.
Transportation - The foster parents shall maintain a mode of transportation which complies with state motor vehicle laws and shall allow children in foster care to be transported only by a licensed driver. Foster parents must have proof of current insurance. a valid vehicle safety record check; and a Child Maltreatment Central Registry check). Children in foster care 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.
Central Registry - A Child Maltreatment Central Registry Check must be conducted prior to approval on foster parent applicants and each member of the household age 10 years or older, excluding children in foster care, 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 years. The Division will repeat the Child Maltreatment Central Registry Checks every two years. Successful completion is necessary before referral to pre-service training. Expedited checks will be done on provisional foster homes.
FBI Criminal Background Check - A finger-print based FBI criminal background check must be conducted prior to approval on foster parents and any other members of the household 18 years of age or older, excluding children in foster care. This check need not be repeated. Conducting a finger-print based criminal record check is not necessary to open a provisional foster home.
Criminal Record Check - An Arkansas State Police Criminal Record Check must be conducted prior to approval on the foster parents and all members of the household age 18 and older, excluding children in foster care. The Division shall repeat the Criminal Record Check every two years. Successful completion or approval of alternative compliance is necessary before referral to pre-service training.
Motor Vehicle Safety Check - A motor vehicle safety check will be conducted on each household member who will be responsible for transporting children in foster care. 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 24 hours.
References - A minimum of three references familiar with one's child caring experiences and practices will be contacted regarding the character and ability to provide for children.
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 CFS-363: Foster Parent Smoking Certification 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 Director 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.
State law prohibits smoking in a vehicle if a child in the car is under the age of six and weighs less than 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.
Alternative Compliance & Policy Waiver Requests
DCFS bases its standards of care and character on the Child Welfare Agency Licensing Act (CWALA). If it is believed that an applicant 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 policy waiver.
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 DCFS policy, procedures, and standards. Waiver requests may be approved by the DCFS Director.
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.
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 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 Training
Successful completion of the assessment and, if applicable, approval of alternative compliance or policy waiver, is necessary before referral to pre-service training. Training of prospective foster parents will be done by using group processes, but may be done on an individual basis when necessary. Foster parents must complete the Division's pre-service training curriculum which includes 27 hours of Foster/Adopt PRIDE training and three hours of DCFS orientation prior to placement of a child. Foster parents shall have current CPR and First Aid Training. No child will be placed in the foster home until each foster parent 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 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 five 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 Director or designee. To be considered as training these programs must be discussed with the Resource Worker assigned to the foster parents and receive prior approval before the program is viewed. Participation shall then be documented in the 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 15 hours. The CPR requirement may not be taken on-line.
A statewide foster parent training conference and area conferences are held yearly, if funds are available, to give 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. A Resource Worker must be contacted prior to the training for approval of such expenses.
Reevaluation of Foster Homes
The Resource Worker will monitor the foster home at least quarterly for continued compliance with the minimum licensing standards and policy requirements and complete CFS-475(F): Checklist for Compliance.
Foster homes must be reevaluated annually (i.e., no later than the anniversary month of the foster home's approval), to assure that they continue to meet all standards and policy requirements. Any 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 CFS-475 (A-C): Checklist for Ongoing Monitoring and CFS-451: Foster Parent Reevaluation. The review will be filed in the 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 children in foster care in the home, one may have very different feelings about 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, a Resource Worker may assess the family's ability as shown by past experiences with children in foster care. This information will be recorded in the foster home record to be used by any Resource Worker placing or supervising a child in that home.
The 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 foster home 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 Minimum Licensing Standards
* Continuing education compliance
* Maintenance of 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 foster home
* Strong points of the foster home
* Weak points of the 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 CFS-451: Foster Parent Reevaluation)
The Resource Worker will notify the family of the disposition of the reevaluation in writing within 10 days. When re-approved, the family will receive a reevaluation 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:
Death or serious illness among the members of the foster family
Marriage, separation, or divorce
Loss of or change in employment
Change in residence
Suspected abuse or neglect of any child in the home
Addition of family members (e.g., birth, adoption, aging relatives moving in)
Support to Foster Families
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 child in foster care 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 child in foster care, 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 child in foster care until an appropriate alternative placement is located, but this shall not be longer than five business days.
Foster parents work primarily 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 how these staff members work as a team and interact with the goal of providing the best overall experience for children in foster care, the following job descriptions are offered.
Family Service Worker
The Family Service Worker (FSW) is primarily responsible for working with the child in foster care and his or her biological or legal family. They work to correct problems in the home of the birth/legal parent with the goal of preventing the need for removal and, if removal is necessary, then working to reunify the child and family.
In the course of serving the needs of children in foster care, the FSW will frequently visit the foster home. When he or she visits the home, the main objective is to discuss the case plan, any changes in the plan, or specific problems with the placement. Neither foster parents nor the FSW are expected to have answers to all problems. Foster parents have the child-raising experience. The FSW has the objective knowledge about children in foster care. Together, solutions are found. The Family Service Worker is expected to be neither a formal guest in the home nor a casual acquaintance or a "best friend." The relationship is most positive when it is pleasantly professional. Problems with the FSW visiting occur when foster parents, and/or child in foster care, do not know the purpose of the visit. Problems also arise when the FSW is seen as a negative authority figure. For example, threatening the child with "if you're not good I'll call the worker", or perceiving the FSW 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;
* Visiting 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,
* Maintaining regular contact with clients, law enforcement officials, medical personnel, teachers, child care personnel, foster parents, agency and private attorneys, and the general public.
Foster Parent Resource Worker
The Foster Parent Resource Worker is responsible for overseeing the operation of all foster homes. Each DCFS service area has an assigned Foster Parent Resource Worker who serves as an advocate for the foster parent. The Resource Worker is responsible for recruiting foster families, facilitating orientations and training sessions, and other licensing and education requirements, both new and on-going. 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 eligibility or appropriateness of referral;
* Administering background checks;
* Responding to adoption inquiries and referring, when appropriate, to adoption staff;
* Conducting quarterly foster home visits for monitoring continued compliance, appropriateness, and suitability;
* Completing annual evaluations of each foster home;
* Checking for licensing compliance;
* Following up with corrective actions for homes that are out of compliance;
* Responding to requests from foster parents as they need required 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 conference;
* Visiting the foster home;
* Providing training information;
* Providing information regarding available resources; and,
* Performing any other duties identified by the Area Director that will promote the success of the foster home.
The 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 the Foster Home
The Family Service Worker overseeing the care of individual children in the foster home will make at least weekly visits in the home during the first month of placement. After the first month, the FSW must make weekly contact with the child at school, or during sibling or parental visits, but must continue to visit the home at least monthly. Visits may be scheduled or unannounced. The Resource Worker will visit the home at least quarterly. More frequent visitation may be made to the home to help solve any problems that arise.
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 licensing standards.
Availability of Family Service Worker & 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 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 24 hours a day, seven days a week. A list of after hours numbers (on-call pager/cell phone numbers) where the local on-call FSW can be reached will be provided. If the after hours call requires a direct contact with the child's FSW, 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 Children in Foster Care
Generally pre-school age children in foster care 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:
Alternate Care
Alternate care for children in out-of-home placement may be used to provide assistance to foster parents when circumstances requiring supervision by an appropriate adult other than the foster parents exist, e.g., if both foster parents work, during foster parent training, transporting a child in foster care for medical purposes, need for respite, etc. Alternate care options include the following:
A. Normal Age-Appropriate Activities - Children in foster homes should be encouraged to participate in normal age-appropriate activities such as overnight visits with friends, extra-curricular activities, church activities, and short-term summer camps. Foster parents shall exercise careful consideration when determining whether a child may participate in any normal age-appropriate activity. Foster parents shall notify the FSW if the child will spend more than 24 continuous hours outside the foster home when participating in said activities.
B. Babysitting - Babysitters may be used to provide occasional care for children in the foster home for no more than six continuous hours at one time, Foster parents shall exercise careful consideration when evaluating the character and competence of any individual asked to babysit. Babysitters shall not transport children. Background checks of any kind are not required.
C. Foster Family Support System - The Foster Family Support System (FFSS) may be comprised of up to three individuals or families identified by the foster family. FFSS members may provide care for children when the foster parent is unable to do so on the occasion of anticipated or unanticipated events. Foster parents shall exercise careful consideration when evaluating the character and competence of any individual asked to serve as an FFSS member.
Members of a Foster Family Support System may transport children and care for children in the foster home or in the home of the FFSS member. However, an FFSS member shall not provide care for more than 72 continuous hours at one time regardless of the location in which care is provided. Requests for longer periods of care provided by an FFSS member must be approved by the Area Director or designee. The FSW shall be notified when an FFSS member will provide care for more than 24 continuous hours. The Foster Family Support System shall not be used in place of respite care or as an out-of-home placement.
All prospective FFSS members must be cleared through a Child Maltreatment Central Registry Check and a State Police Criminal Record Check. The Division will request any other state where the prospective FFSS member has resided in the preceding six years to check its child abuse and neglect registry. The Division will provide documentation in the case record that the Child Maltreatment Central Registry and State Police Criminal Record Checks were conducted on the prospective FFSS member. The Division will check the driving record (violation points) for each potential FFSS member. The Arkansas State Vehicle Safety Program sets the maximum number of traffic violation points an FFSS member foster parent may be allowed. Documentation of at least one home visit for evaluation purposes is required of all prospective FFSS members.
D. Respite Care - When an FFSS member is not available to provide needed care on a short-term basis, respite care may be utilized in order to temporarily relieve the foster family of the ongoing responsibilities and stresses of care. There are two types of respite care:
Counseling
Where there is a need for counseling services for the foster home to prevent disruption and to promote stabilization, counseling shall be provided. Requests for counseling are made to the Family Service Worker, who is responsible for making that referral to the appropriate Community Mental Health Center.
Transportation
Foster families should have their own transportation available to transport the child to appointments/activities. Transportation costs such as attending staffings, court, visits with parents or siblings, and all medical appointments will be reimbursed. (Other extraordinary costs may be approved on a case by case basis).
Room and board payments include routine travel expenses. As such, transportation will not be reimbursed for shopping for clothes or groceries, taking a child to school, school activities or church (unless prior approval has been obtained based on special circumstances), or child care (unless it is a Medicaid allowable expense).
Extraordinary circumstances might include situations in which a child may wish to attend a church other than that of a foster parent and travelling to his church would require a significant deviation from the route taken to the church attended by a foster parent. The Assistant Director of Community Services will consider for approval all written requests. Approval will be made based on individual situations and will be given only for specified time periods.
Transportation costs are reimbursed to foster parents at a rate
determined by the Department. The foster parent completes a travel
reimbursement form (TR-1) and submits it to the County Travel Supervisor for
approval and processing. When determining miles driven from city to city for
mileage reimbursement, please use the Rand McNally online services at
Requests for travel reimbursement must be submitted on a monthly basis. Requests for reimbursement for medical and independent living transportation must be submitted on separate TR-1 forms.
Medical Transportation
The foster family will complete a TR-1 for regular travel and a separate TR-1 for Medicaid travel, e.g., when a child is taken to receive services from a medical provider. When the foster parent needs assistance with transportation, the foster parent should contact the Family Service Worker as soon as possible. The FSW, Program Assistant, or a volunteer transporter may be assigned to assist with travel.
Transitional Youth Services (TYS) Travel
The foster family may be reimbursed for transporting youth to life skills training classes and other TYS activities.
Community Resources
The DHS County Office will inform all foster parents about available resources in the community as well as resources in other areas which may be relevant to a particular child. This information will be updated as new services become available.
It will be the responsibility of DCFS to pursue any resource needed for a child which is mutually agreed upon. Foster parent's assistance may be enlisted for this purpose.
Foster Parent Associations
The formation of active and independent foster parent associations is encouraged. DCFS will provide support by the appointment of a Resource Worker to the association. A DCFS representative will also be available when called upon to provide information about the Foster Care Program and allow foster parents to voice any concerns they may have with DCFS policies.
Income Tax Information
Board payments paid to foster parents are not considered taxable income by the Internal Revenue Services. Current tax laws may allow special treatment for foster parents. Because IRS laws are complex and subject to change from year to year, for specific tax advice foster parents should consult with an accountant or tax specialist.
Foster Parent Grievance Procedures
Foster parents have the right to appeal decisions affecting them and the operation of their home. Most problems can be solved at the local level if the foster parents and FSW keep each other informed about matters of interest and importance pertaining to the child. It is most important for foster parents and Family Service Workers to discuss and work out issues and problems as they occur.
All complaints may not be grievable and while the County Office will make every effort to reconcile every disagreement, some situations may not be reconcilable. Such situations result in decisions being made by the County Office based on current policy and procedure, for example closing the foster home due to the advancing age of the foster parents.
Examples of issues that to take through the Grievance Procedure are:
* Removal of a child from the foster home without appropriate cause and/or without appropriate notice;
* Visits without preparation and/or notice;
* Failure by DCFS to share appropriate information;
* Failure by DCFS to provide necessary support (failure to return phone calls or habitually being unavailable when needed, failure to help with initial clothing or problems with the child, medical/Medicaid coverage and/or providers); or
* Failure by DCFS to keep the terms of the initial written agreement with the foster home (CFS-462: Initial Foster Home Agreement and CFS-462A: Foster Home Agreement Addendum).
Prior to filing a grievance, foster parents should request an informal discussion of the problem with the FSW and the immediate supervisor. If the problem is not resolved at this point and the issue is grievable, then the foster parents may file a grievance according to the procedures listed below. Any time frame specified within the grievance procedures may be modified by mutual consent and notification to all involved parties.
If, after the foster parents have discussed the grievance with the FSW and supervisor, and if the foster parents believe that DCFS failed to uphold its policies and philosophies, then, the foster parents must state the grievance in writing and submit it to the County Office Supervisor in the county where the foster parents live 30 days from the date the grievable action occurred. The County Office Supervisor will schedule a meeting with the foster parents within 10 working days of the receipt of the written grievance and attempt to resolve the problem.
If the foster parents are not satisfied with the results of this meeting, a copy of the grievance and written reports of the previous two meetings will be forwarded to the Foster Care Unit in Central Office. A Grievance Committee hearing will be scheduled within 10 working days. The hearing will be held in the county where the foster parents live.
The Grievance Committee will be composed of three persons: a representative selected by the County Office, a representative selected by the foster parent, and a representative selected by Central Office. The foster parents may also select an individual (such as an attorney, friend, or relative) to present the case. The Grievance Committee member selected by the County Office will not be from the county where the foster parents live or any individual who is within the direct chain of authority for the resident county. During the hearing, all parties will be given an opportunity to present their case.
The Grievance Committee will submit their findings and recommendations within 20 working days from the date of the Grievance Hearing to the Assistant Director of Community Services.
The foster parents and the County Office will be notified, in writing, by the appropriate decision-making personnel of the decision within 10 working days from the date the Grievance Committee's findings and recommendations are submitted.
If corrective action is required by the County Office, the corrective action will begin no later than 10 working days after the County Office and foster parents are notified of the decision. A written report of completed action will be submitted to Central Office no later than 30 days after corrective action has commenced. If corrective action has not been finalized within the 30 day time frame, an interim report will be submitted by the DCFS County Office every 30 days until completed.
If corrective action is required by the foster parents, they must indicate the steps necessary to correct the deficiency within 10 days after notification from the appropriate decision-making personnel. This corrective action plan must receive the approval of the County Office Supervisor. The foster parents will notify their local County Office and Central Office within 60 days of the original findings being received, that all corrective steps have been completed. In the absence of said notification from the foster parents, it will be presumed that the foster parents have elected not to comply with the findings of the appropriate decision-making personnel.
The decision of the appropriate decision-making personnel will be considered final, and no other appeal procedure within DHS is appropriate.
REPORTS OF CHILD MALTREATMENT INVOLVING MEMBERS OF FOSTER HOMES
All child maltreatment allegations concerning any person in a foster home shall be investigated in accordance with the Child Maltreatment Act § 12-18-602.
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.
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 Director.
After the investigation has determined the validity of the complaint, the foster parent 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 parents and their Resource Worker for corrective action. The foster parents must submit in writing the steps necessary to correct the deficiency within 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 Central Office within 30 days of the original findings being received, and that all corrective steps have been completed. 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 FOSTER HOME
Division's Decision
If it is deemed necessary by the 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 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 Director and Central Office staff, if appropriate. The closure process will include a mandatory face-to-face conference with the foster parents at which time reasons for the closure will be explained. The County Office will provide written notification of the closure including the reasons for the closure and the foster parents' right to appeal the decision by filing a grievance. (For additional information, see section on Foster Parent Grievance Procedure.)
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 reopen 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 reopen their home within five years of their request to close it, the foster parents will not need to repeat the Foster/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 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 Home
Based on information from the family assessment the Family Service Worker will select the foster 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 the 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 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 50 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.
A foster home offers a less restrictive environment than other types of out-of-home placement and is 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 Foster Parents for Placement of a Child
The Family Service Worker will realistically describe the child in foster care 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;
* Disabilities, special equipment, facilities, or help needed;
* Behavior, both positive and negative, that can be expected;
* Siblings and where they live;
* Reasons 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:
* General requirements regarding the number of children that reside in the foster home,
* 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 any 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 parents shall maintain records in accordance with DCFS' policy and procedures for the children placed with the family. The records shall include:
Role of Resource Worker
The Resource Worker will help foster parents understand that the child is going through a series of changes. Among these are: separation from the birth/legal parents and interacting with DCFS personnel, a new family, and new surroundings. The child in care can experience anxiety as a result of these changes. The Resource Worker will suggest to the foster parents ways to help the child move through these changes. The Family Service Worker will also assist the foster family through difficulties which occur, emphasizing that there will be good times and bad times during the placement, and that the bad times are no reflection on their parenting ability. In part, the goal of support from the Resource Worker is to help assure continuity for children who are placed in their home. In supporting the foster parents, the Resource Worker will work with them to help prevent the potential harm that can come to a child due to several moves.
Placement of Children by a Sheriff or Chief of Police
In an emergency situation, a Sheriff or Chief of Police may place children in a DCFS foster home. The foster parent must be well known to the Sheriff or Chief of Police, and they must determine that the foster home is safe and provides adequate accommodations for the child. The foster parent must notify DCFS county staff on the next business day after the placement of the child.
FINANCES
Board Payment
DCFS makes a monthly board payment to foster parents. This monthly board payment includes payment for room and board, clothing, ongoing school and personal supplies, and a small allowance for the child. The amount listed below is included in the monthly board payment and must be used for the child. If a child in foster care is eligible for Medicaid, foster parents are required to use a Medicaid provider for meeting the medical needs of the child. Medicaid should be the primary payment source for medical and dental services, including hospitalization. If Medicaid cannot cover such expenses, state funds may be a secondary payment option.
Generally, foster parents receive the board payment in the fourth week of each month. The monthly board payment is for the period starting on the 27th of the month and ending the 26th of the following month. For example, October's board payment is for the 30 days that begin September 27th and end on October 26th
Other services or supplies needed by the child must be authorized and approved per DCFS policy. (See section on additional expenses.)
DCFS shall pay foster parents a monthly board rate according to the following chart; these rates are effective for board payments of November 2009 and after:
Birth through 5 years |
$410.00 Monthly |
Board and Care |
350.00 |
Clothing |
45.00 |
Personal Needs |
15.00 |
6 through 11 years |
$440.00 Monthly |
Board and Care |
365.00 |
Clothing |
50.00 |
School and Personal Needs |
25.00 |
12 through 14 years |
$470.00 Monthly |
Board and Care |
380.00 |
Clothing |
60.00 |
School and Personal Needs |
30.00 |
15 through 17* years |
$500.00 Monthly |
Board and Care |
395.00 |
Clothing |
70.00 |
School and Personal Needs |
35.00 |
*Refer to Policy VIII-B for requirements to continue board payments for youth age 18-20 (board payments must end the day the youth elects to leave foster care or the end of the month of his 21st birthday).
Board rates are established as part of policy, and any exception must receive prior approval. (For more information, see section on Special Board Rates)
If a child is absent from the foster home for hospitalization or a trial placement for 10 days or less and is to return to that home, no change of status is necessary. However, the child's Family Service Worker must always be advised of an absence from the home.
The agency pays according to the number of nights a child is in the foster home. Payment for stays of less than 24 hours will be based upon a daily rate determined by the Division. If a child is in the home for part of a month, a partial board payment will be made.
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 clothing. The FSW 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:
Personal Allowance for a Child in Foster Care
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 Director for a special board rate.
Overpayments to Foster Parents
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 recovered. The funding source of the board payment (federal or state funds) will determine whether the overpayment 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.
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 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
Children in foster care 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
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 five 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. Children in foster care may be eligible for WIC.
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 County Office Supervisor and Area Director, 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 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 County Office Supervisor:
* Required School Materials and School Fees, including athletic wear. Foster parents must have prior approval for such purchases.
* Graduation Expenses - 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.
* Cell Phones - 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.
* 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, 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 Director. This can be requested by the Family Service Worker.
Trust Funds
When a child in foster care 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:
After basic needs are met, purchases may be made for items or services that will enrich the child's life. Examples of this include, but are not limited to items such as tutoring, music lessons, and dance lessons.
Purchases utilizing the funds of trust accounts must be approved by the child's FSW. In some instances approvals must also be approved by the FSW's Supervisor, Area Director, and/or DCFS Executive Staff. Only DCFS staff is permitted to make purchases from the accounts. To maintain a child's eligibility for some Medicaid Programs, the balances in Regular Accounts must remain within limits set by the State and Federal Governments. For example, if a child is receiving SSI then the countable value of the Regular Trust Account must be under $2,000 at the end of each month. A report is available to DCFS staff that lists children in foster care with Regular Account balances of $1,000 or more.
Foster parents are encouraged to assist DCFS in identifying children's needs that can be met using foster care trust funds. Recommendations for purchases that meet the criteria discussed in this document should be made to the FSW so DCFS may decide if money is available for the purchase from a trust account and so that DCFS may secure the necessary approvals to make the purchase.
Incidental Expenses
An Incidental Expense Fund is established for the purpose of providing items and activities which serve to normalize a child's life experience while in care. For example, camp fees, music lessons, field trips, school uniforms and other items not specifically covered by other means can be met by this fund. The Incidental Expense Fund is intended for items or activities which cost $25.00 or more and use of the funds does not require prior approval. Items covered by the board payment are not eligible for reimbursement from this fund. In addition, these funds shall not be used for Holiday gifts. The Family Service Worker will assist the foster parent in accessing these funds when the money is needed for a situation that meets the policy guidelines.
MEDICAL SERVICES
Medical Passport
In order to comply with health care standards in the interest of good clinical practice and effective service to children in foster care, an abbreviated health record ("Medical Passport") shall be completed by the Family Service Worker or Health Services Specialist for each child. The Medical Passport will include initial health screening, timely comprehensive health assessments and a descriptive health plan for each child.
The Family Service Worker or Health Service Unit shall request medical records on the child for the time prior to entry in foster care. The medical history information gathered shall be given to the physician who will do the comprehensive health assessment. The medical history is used to supplement and correct the child's Medical Passport. Requests for medical records are documented on the Requested Medical Records Log, CFS-353.
The Medical Passport forms are to be completed during initial placement into foster care. The Family Service Worker shall complete CFS-362: Medi-Alert to Foster Care Provider and CFS-6007: Placement Plan - Placement Provider Information. The Family Service Worker and the foster parent are to complete CFS-365: Receipt for Medical Passport, optional together. The CFS-352 is used for Initial Dental Exam, Medical, Vision, Hearing, & Psychological Episodic. The CFS-366 is used for the Initial Physical.
After each health care visit, the Family Service Worker, Health Service Unit, or Health Care Specialist shall collect records of the child's health care, keep the child's Medical Passport up to date, and shall provide the revised Passport to the child's foster parent.
Initial Health Screening
A child who enters the custody of DHS shall receive an initial health screening:
* Not more than 24 hours after removal from home, if the reason for removal is an allegation of severe maltreatment or there is evidence of acute illness or injury; and
* Not more than 72 hours after removal from the home for all other children.
The foster parent should accompany the child to the initial screening, and to any appointments for on-going health or mental health services. If this is not possible, the foster parent shall be available by telephone to the person conducting the screening. The Family Service Worker or Health Service Unit shall inform the foster parent of the results of the screening, and any instructions for the child's care and treatment, and shall give the foster parent the name of the person who performed the screening, and the names of the child's prior health care providers, if known.
The initial health screening should include a head-to-toe physical. If possible, the physical should be conducted by the child's Primary Care Physician (PCP). Within the first 30 days the following tests will be conducted:
* Complete blood count;
* Check for anemia and infection;
* Abnormalities in the urine (urinalysis);
* HIV, sickle cell, and other communicable diseases, shall be considered for children in high risk groups. Immunizations, tuberculin skin test (TB), and lead poisoning levels are usually completed at the local County Health Office.
Upon completion of the initial health screening, the Family Service Worker or Health Service Unit shall complete the CFS-362: Medi-Alert and give a copy to the child's foster parent.
All health screening requirements conform to the Child Welfare League of America's 1988 Standards for Health Care Services for Children in Out-of-Home Care as mandated by the Arkansas Child Welfare Reform Document, Attachment "A", dated February 24, 1992.
Assessing Health Needs
If the initial health screening indicates that treatment or further evaluation is needed within 30 days, the Family Service Worker or Health Service Unit shall ensure that the need is promptly met.
The foster parent should accompany the child to receive treatment, and shall consult with the health care provider about the child's health care needs. DCFS shall provide assistance with transportation, child care for other children in the foster home, and other necessary support to enable the foster parent to accompany the child to this and any subsequent health care visits. This assistance may either be provided through the use of DCFS staff, including paid or volunteer aides, or through agreements to reimburse the foster parent for such supportive services.
If a foster parent cannot accompany the child, the Family Service Worker or Health Service Unit shall accompany the child, and convey the health care provider's diagnosis and instructions to the foster parent. The Medical Passport shall be revised and this revision provided to the foster parent.
Comprehensive Health Assessment
A comprehensive health assessment should be completed within 60 days of placement. The Comprehensive Health Assessment should be completed by a Multidisciplinary Team (MDT). The MDT should address and attempt to integrate the medical examination, a vision and hearing screening, speech and language assessment, and emotional, developmental, educational, social, and cultural aspects of the child's well being. Medications should be provided as necessary.
Within the first 60 days, a dental examination should be completed for signs of infection, gross abnormalities, malocclusion, painful areas, inflammation of the gums, plaque deposits, decayed or missing teeth, and an assessment of the continuing dental hygiene practices for the child. All follow-up dental work that is recommended by the provider shall be completed in 30 days.
Birth/legal parents or relevant members of the extended family should be encouraged, when appropriate, to participate in the Comprehensive Health Assessment.
After the Comprehensive Health Assessment, there will be a written summary of the medical, mental health, educational, dental and social status and needs of the child. The MDT shall complete the Child's Health Services Plan at the Comprehensive Assessment. The Family Service Worker or Health Service Unit shall provide copies of the health plan and updates to the child's birth/legal parents, foster parents, and the child, if age 10 or older within seven days.
Continuing Health Services
After the initial physical, dental, visual, and hearing examinations are completed during the Comprehensive Health Assessment, all subsequent examinations shall be accomplished as part of the ongoing Early Periodic Screening Diagnosis Treatment (EPSDT) screening program, based on the respective periodicity schedules. The medical provider will complete CFS-352 at each examination. A physical examination control schedule shall be maintained so that examinations are conducted according to the Division of Medical Services' EPSDT periodicity schedule. The Family Service Worker or Health Service Unit shall update the CFS-362, CFS-6007, CFS-368 as necessary, after each physical examination.
The initial screening can be received at any age. The Family Service Worker shall schedule all subsequent screenings according to the 2005 American Academy of Pediatrics periodicity schedule on the next page.
If a child needs a screening outside the periodicity schedule, the Family Service Worker may issue an EMS-694 marked, "Child in foster care - Unscheduled EPSDT Screening authorized by the Division of Children and Family Services", 30 days before the appointment.
Mandatory Immunizations
State law requires that certain immunizations are obtained before a child enters school. Foster parents should assist in maintaining current immunizations. See Recommended Immunizations Timetable.
The immunization schedules shown above should serve as a guideline only; acceptable alternate schedules do exist, and consultation may be required in some cases.
Hospitalization
* When a child in foster care is hospitalized, the Family Service Worker working with the child must provide the hospital with the child's Medicaid number, if applicable, vital statistics, previous medical history, and other identifying information as indicated.
* The Family Service Worker signs both the admission forms and the required consent for surgery if indicated. A second opinion by a medical specialist will be obtained before major surgery whenever possible.
* The Family Service Worker completing admission forms must leave with the hospital the name and telephone number of the Worker to be contacted regarding the child.
* Foster parents shall not sign a child in foster care into the hospital or sign other medical or surgical consent. Physicians and hospitals may determine that an emergency exists and waive the usual required consent, or they may take consents on the telephone with a second party at the hospital listening and verifying the consent. The Foster Parents should notify the FSW immediately when a child in foster care is hospitalized. As soon as possible, the FSW shall visit the hospital and sign the required consents.
Prescription Drugs
Children in foster care are eligible for prescription drugs through the State Prescription Drug Program.
When there are no Medicaid providers available in cases of emergency, the FSW (with the approval of the County Supervisor) will authorize and bill for medication and medical services using a DHS-1914.
ADDITIONAL INFORMATION
Educational Services
It is the responsibility of DCFS to provide educational opportunities to help each child meet their full potential. To ensure that children in the custody of DHS receive a quality education, it is the Division's policy to enroll children in foster care only in schools accredited by the Arkansas Department of Education.
Children in foster care shall attend public schools. However, the DCFS Director may grant an educational waiver allowing a child to be placed in a non-public school, including a private, parochial, or home school if it is the best interest of the child. No state or federal funding may be used for such placement. For a child in foster care to be enrolled in a non-public school or be home schooled, a certified mental health professional must present documentation stating that the non-public schooling is in the child's best interests.
Tutoring can be purchased for a child in need of additional educational assistance. Consult the Family Service Worker regarding tutoring. Educational testing and counseling should be available to a child in foster care when they begin to make career/curriculum decisions. If a child desires to pursue college or vocational training after high school, the Family Service Worker will assist the child in the exploration of resources to pursue this plan.
Foster Care Staffings
A staffing is a meeting of key persons who are responsible directly or indirectly for problem solving and decision-making in regard to a child's case plan.
An initial staffing for the child is held within the first 30 days of the child's stay in foster care. Another staffing is held two months after the first staffing and every three months thereafter.
Foster parents will be invited to all staffings on children currently in their care in accordance with the Foster Home Agreement Addendum, CFS-462A. However, it may not be necessary for them to attend the entire staffing.
The Family Service Worker will inform the foster parent in advance of the purpose of the staffing, and what information, if any, that one may be called upon to present. Information presented may include the following:
* Observations about the child;
* If visits have occurred between the birth/legal family and the child, the child's reactions as perceived by the foster parent;
* The child's adjustment in one's home and community;
* Any problems the child is currently experiencing and difficulties this may be causing the family; and,
* Input regarding development of the case plan and the foster parent's assessment of progress in those areas.
Visits between the Child and Birth/Legal Parents/Siblings/Relatives
In order to achieve reunification of families, DCFS shall strive to ensure visitation be made available within the first five days of placement. Visits will be based on the families' needs and reasons for the home placement.
The foster parent plays a very important role in the visitation of the child with parents and siblings. This role includes acceptance of the visits, emotional preparation of the child and supportive follow up with both the child and the child's worker. The foster parent can help the child by preparing the child for changes in the family circumstances or anything that might be unexpected and difficult for the child to accept. The same supportive attitude is needed after the visit.
The foster parent's help is vital to the success of the child's visitation with family members. However, a foster parent may find visitation difficult in some situations. For example, a child may be returned upset, with lost clothing, uncombed hair, etc. These issues may cause the foster parent to question the value of the visits. At such times, it will help to discuss these feelings with the FSW to be reminded of the reasons for visitation. Frequently, with supportive understanding, such problems can be worked out satisfactorily for all concerned.
In any case, the foster parent should always report to the child's FSW the reaction of the child to the visit and the foster parent's perceived observation.
Parent/Child Visits
Siblings Visits
Relative Visits - Children shall have an opportunity to visit with grandparents, great grandparents, or others as determined by the Family Service Worker. Relatives should be allowed supervised visitation. These visits can help explore alternate placement options.
Publication of Information about Children in Foster Care
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 FSW and the County Office Supervisor. Some situations may require the involvement of the DHS Director of Communication.
Youth in Foster Care Application for an Arkansas Driver's License and Insurance Reimbursement Programs
The Director of DCFS may authorize an employee or any foster parent to sign an application for a youth in foster care to obtain an Arkansas Learner's Permit or Intermediate Driver's License. The youth 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 to their automobile insurance. Participation in both of these programs is voluntary. For more information, the foster parent should consult with their FSW.
Runaways
If a child runs away from the foster home, the foster parent should immediately notify the child's Family Service Worker, On-Call Worker, and/or County Office Supervisor. The Foster Parent should 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 Youth in Foster Care is Arrested
When a youth in foster care is arrested, a foster parent should notify the FSW or On-Call Worker (if after hours). The FSW will talk to law enforcement officials to find out where the youth is being held, the alleged offense, times of the hearings, and possible repercussions. The FSW will also determine if the youth understands his or her legal rights and has not unknowingly waived the rights to silence and to presence of an attorney during any questioning.
The FSW will attempt to have the youth released into the custody of the foster parent if they are willing to sign a statement that the youth will be returned on the day of the detention hearing and/or the adjudication hearing. The youth'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 youth are protected and that the youth has an attorney. The DHS Attorney will represent DHS, when appropriate, in the court hearing. The FSW will attend court with the youth.
Foster Parent Adoption
Once parental rights have been terminated, children may be adopted. A foster parent 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 FSW will refer any interested foster parent to an Adoption Specialist.
When foster parents are interested in adopting a child in foster care 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. The FSW 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 CFS-489: Foster Parent Request for Consideration to Adopt if the foster parent meets the basic qualifications outlined on the form. Discuss the desire to adopt with the FSW to determine eligibility.
ANOTHER PLANNED PERMANENT LIVING ARRANGEMENT (APPLA)
This goal addresses the quality of services the youth will receive, including transitional services, and a plan for supervision and nurturing. APPLA can only be selected if the youth cannot be reunited with his or her family, another permanent plan is not available, and:
* a compelling reason exists why termination of parental rights (TPR) is not in the youth's best interest; or
* the youth is being cared for by a relative and TPR is not in the best interests of the youth.
This category applies only to those youth 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 youth is secure and has demonstrated good adjustment in the foster home and is firm in the decision, after consideration, that he or she does not wish to be adopted;
* The foster parents have revealed their love and affection for the youth but cannot adopt;
* The youth has resided in the foster home sufficiently long to develop close ties;
* It is apparent that the youth should not be placed with birth/legal parents, relatives or adopted; and
* The youth is 14 years old or older.
Transitional Youth Services (TYS)
Transitional Youth Services assists youth age 14-21 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 youth in foster care 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 Family Service Workers and TYS Coordinators. Each County Office can provide more information about this program.
Be Your Own Advocate!
Be Your Own Advocate!, DCFS PUB-50, is a resource for youth in foster care age 14-21 and was developed along with the Youth Advisory Board to provide youth with information they will need while in foster care. This book is only a reference guide. The youth may contact their FSW or TYS Coordinator for any questions or further explanations.
Extended Foster Care
Youth may choose to remain in foster care past the age of 18 for education, treatment, work, or other programs and services as determined appropriate by their Transitional Team. In order to be eligible for extended foster care, youth must meet one of the following criteria:
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,
The foster parents or the individual should contact their 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 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 children in foster care, nor shall they be liable to the children in foster care or to the parents or guardians of the children in foster care for injuries to the children in foster care 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 for the DCFS Foster Care Program. If any information contained herein should be in disagreement with official DCFS policy as written in the DCFS Family Services Policy and Procedure Manual or with state/federal law; then the policy or law shall take precedence. DCFS urges discussion of any concerns related to children in foster care in one's home with a Family Service Worker.
In the event one needs to contact the Division of Children and Family Services for any reason, please call the persons listed below in the order they are listed. For example, if one cannot reach the Family Service Worker or feel they need to speak to a supervisor, then one should call the second name listed.
DCFS CONTACT INFORMATION
CHILD'S NAME________________________________________________________________
FAMILY SERVICE WORKER_______________________________________________________
Work Phone______________________________________________________
Emergency Phone_________________________________________________
FAMILY SERVICE WORKER'S SUPERVISOR__________________________________________
Work Phone______________________________________________________
Emergency Phone_________________________________________________
DCFS COUNTY OFFICE SUPERVISOR_______________________________________________
Work Phone______________________________________________________
Emergency Phone_________________________________________________
FOSTER PARENT RESOURCE WORKER ______________________________________________
Work Phone______________________________________________________
Emergency Phone_________________________________________________
DCFS AREA DIRECTOR___________________________________________________________
Work Phone______________________________________________________
Emergency Phone_________________________________________________
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.
EXCERPT, DIVISION OF CHILDREN & FAMILY SERVICES PUB-357: CHILD MALTREATMENT ASSESSMENT PROTOCOL
NEGLECT - Acts or omissions of a parent, guardian, custodian, foster parent, or any person who is entrusted with the juvenile's care by a parent, custodian, guardian, or foster parent, including, but not limited to, an agent or employee of a public or private residential home, child care facility, public or private school, or any person legally responsible under state law for the juvenile's welfare, but excluding the spouse of a minor and the parents of a married minor, which constitute:
PORNOGRAPHY/LIVE SEX ACT EXPOSURE (Priority I)
A person older than 10 forces a person younger than 18 to view or observe pornography or live sexual activity, or
A caretaker forces or encourages the watching of pornography, or forces, permits or encourages the watching of live sexual activity.
Pornography includes:
Live sexual activity must include at least one human participant. This includes masturbation and human-on-animal sexual activity, but would not include sexual activity whose participants are exclusively animals or non-humans.
The reporter has reason to believe that a child has been forced by another person to view or observe pornography, or any live sexual activity; or that a caretaker has forced or encouraged a child to view or observe pornography, or forced, permitted, or encouraged a child to view any live sexual activity.
This allegation may be founded only after the Worker has:
NOTE: The requirements are different to make a true finding against a caretaker than as against a non-caretaker.
THROWING A CHILD (Priority II)
The parent or caretaker of the child has thrown, hurled, flung, pushed, or shoved the child into an object or across a space.
VII. DEVELOPMENT OF FOSTER HOMES
POLICY VII-A: FOSTER HOME PURPOSE AND ROLES
01/2011
The development of quality foster homes is a process essential for ensuring the safety and well-being of children in care while concurrently supporting children's permanency goals. The foster family is part of a team also comprised of DCFS, the child in foster care, the custodial/non-custodial parents and other appropriate community members. When these team members understand their own and each others' roles and cooperate, the quality of the experience for everyone is increased, and the well-being of the child and his or her family is positively affected.
For the purpose of title IV-E eligibility, a foster home means the home of an individual or family licensed or approved as meeting the standards established by the Child Welfare Agency Review Board that provides 24-hour out-of-home care for children (with respect to foster family homes on or near Indian reservations, approval would rest with the tribal licensing or approval authority). Foster homes that are approved must be held to the same standards as foster homes that are licensed. Anything less than full licensure or approval is insufficient for meeting title IV-E eligibility requirements.
In addition, the Child Welfare Agency Licensing Act defines a foster home as a private residence of one 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 24 hour basis, not to include adoptive homes. The home must meet foster home standards and the individual child's needs for the duration of the placement.
There are two types of DCFS foster homes: Provisional Foster Homes and Regular Foster Homes.
Provisional foster homes are identified and recruited by the Family Service Worker, who, in an effort to preserve family connections and expedite placement, may seek to 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 (see POLICY VI-A) if one has been identified and is appropriate.
The purpose of opening a provisional foster home is to enable DCFS to make a quick placement for a child with a relative with whom a bond already exists. Therefore, a provisional home may be opened before the results of the FBI Background Check are received, before the provisional foster parents have completed the pre-service training, and before a full home study is finished (however a walkthrough of the home is required before placement in a provisional home). These are the only differences in approval requirements, including minimum licensing requirements, between provisional foster homes and regular foster homes in Arkansas.
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 month period. Provisional foster homes that are not in full compliance at the end of six months must be closed and the child(ren) removed, unless the relative has acquired custody. If the home is opened as a regular foster home, the foster parents may then request to care for non-relative children in foster care with the understanding that additional evaluation of their home would be required to ensure that it would be an appropriate placement for non-relative children.
DCFS is licensed to approve foster homes. Regular Foster Homes are approved foster homes that may provide care for both related and non-related children. In addition, a Regular Foster Home may also serve, if desired, as an emergency home or as an informal respite home.
An emergency home is where the foster parents agree to provide temporary, short-term care for any child who is referred by the child-placing agency at any hour of the day or night. Emergency referrals include children placed in emergency custody of the child-placing agency by the courts, children for whom the child-placing agency is searching for a suitable regular foster home, and children who must be removed from a foster home before another suitable foster home is located. Placements are of short duration, pending outcome of a court hearing or location of a suitable regular foster home or relative. An informal respite home provides temporary care (no more than seven continuous days at one time) for children in out-of-home placements when the children's full-time foster family is unable to do so and a member of the foster family's support system cannot assist. (See POLICY VII-G: Alternate Care.)
DCFS employees are only permitted to be agency-approved foster homes for informal respite care purposes (see POLICY VII-G: Alternate Care). However, in situations where Division staff are relatives of children placed in DHS custody, and it is in the best interest of the child to be placed with the relative, the DCFS Director may grant approval for the relative/employee to serve as a full-time foster home on a case-by-case basis.
For additional information, see PUB-11: What Happens When Your Child and Family Are Involved in DCFS?, PUB-22: Standards of Approval for Foster Homes and PUB-30: Foster Parent Handbook.
POLICY VII-B: FOSTER HOME RECRUITMENT AND RETENTION
01/2011
The Division shall recruit a sufficient number of foster families to ensure that all children are placed in the least-restrictive, most family-like setting that meets each child's individual needs. Recruitment should result in an increased number of qualified, trained foster families in Arkansas. The Division shall diligently recruit potential foster families that reflect the ethnic and racial diversity of children in care. Targeted recruitment of specialized foster parents shall address the special needs of children needing placement.
Recruitment of new foster families is an ongoing activity for which all staff are responsible. However, Resource Workers in each Area will take the lead role in the recruitment process. Recruitment efforts include, but are not limited to, participation from current foster parents, development of local and statewide media campaigns, and collaboration with community organizations.
Each Area Director will develop an annual recruitment plan to be initiated at the beginning of each fiscal year. The CFS-445: Family Foster Home Needs Assessment will be utilized in the development of the recruitment plan. The plan will outline ongoing recruitment efforts for the Area. The Family Foster Home Needs Assessment will also be utilized in the development of the Area Foster Home Recruitment Plan and the Statewide Foster Home Recruitment Plan.
As part of foster home recruitment, each county will host information meetings to explain the steps to becoming a foster parent as well as the responsibilities that foster parents have to children and their families who are involved with DCFS. The information meeting will also help attendees better determine if they want to apply to become a foster home. Prospective foster parents should attend an information meeting prior to beginning the application process. Neighboring counties may hold joint information meetings to better accommodate schedules and maximize staff time.
Recruitment does not end when a foster home is opened. It must be sustained with retention efforts. DCFS will retain quality foster homes by ensuring good communication with and support to foster families.
PROCEDURE VII-B1: Foster Parent Recruitment
All staff should participate in recruitment efforts. While the following is not a comprehensive list, staff should:
The Area Director or designee will:
The Foster Care Unit will:
PROCEDURE VII-B2: Retention of Foster Homes
All DCFS staff will:
Resource Workers will:
PROCEDURE VII-B3: Inquiries
The County Supervisor or designee will:
The designated Resource Worker will:
The designated staff person will provide the family with an information packet within three working days after initial contact is made. The information packet will consist of:
Copies of the brochures can be obtained from the Adoption and Foster Care Units.
PROCEDURE VII-B4: Information Meetings
The Resource Worker or designee will:
POLICY VII-C: FOSTER HOME ASSESSMENT PROCESS
01/2011
In order to ensure quality foster homes, DCFS will complete a thorough home assessment for each prospective foster family. The home assessment is a mutual selection process. It involves several components including, but not limited to, an in-home consultation visit, background checks, pre-service training, a home study, and ongoing consultation with the prospective foster parents to ensure that all appropriate criteria related to both compliance and quality are met. Prospective foster parents, with the exception of provisional foster parents, are highly encouraged to attend an Information Meeting before the In-Home Consultation Visit.
Basic criteria for consideration in determining the appropriateness of foster homes (provisional and regular) includes, but is not limited to:
Age:
Applicant is at least 21 years old.
Marital Status:
General Physical and Mental Health:
Members of the household must not have a health condition or disability that would interfere with the family's ability to parent the child. Each member of the household shall have a physical examination by a physician within six months prior to the approval of the home study on the prospective foster family, and annually thereafter.
Housing:
Resources:
The applicant must have sufficient resources to meet the financial, medical, physical, educational, emotional, and shelter needs of the child without depending on state or federal financial assistance (e.g., SNAP, etc) to meet those needs (although these forms of assistance may be used to supplement a family's income). A recent check stub and the previous year's income tax return is required to verify income and employment. While the foster care board payment may be a resource for a child, foster parents should have sufficient resources to care for a child even without a board payment. The foster care board payment shall not be considered a part of the foster family's income.
The Division shall place children in approved foster homes where the foster parents and appropriate members of the household have been cleared through a series of background checks: the Arkansas Child Maltreatment Central Registry, the Arkansas State Police Criminal Record Check and an FBI Criminal Background Check.
Foster parents and other members of the household age 10 years and older, excluding children in foster care, must be cleared through the Arkansas Child Maltreatment Central Registry. The Arkansas Child Maltreatment Central Registry Check will be repeated every two years on all appropriate household members. If applicable, a Child Maltreatment Central Registry Check should also be conducted on each household member age 10 years of older in any state of residence in which they have lived for the past six years, and in their state of employment, if different, for reports of child maltreatment.
Foster parents and all other members of the household age 18 years and older, excluding children in foster care, must also be cleared through the State Police Criminal Record Check. The State Police Criminal Record Check shall be repeated every two years on all appropriate household members.
Foster parents and all members of the foster home who are 18 years of age and older, excluding children in foster care, must also clear an FBI fingerprint-based Criminal Background Check for all foster parent applicants. DCFS will check the driving record (violation points) for each prospective foster parent and other applicable members of the household. The Arkansas State Vehicle Safety Program sets the maximum number of traffic violation points a foster parent may be allowed.
Foster parents must also complete the Division's pre-service training curriculum which includes 27 hours of Foster/Adopt PRIDE training and three hours of DCFS orientation prior to placement of a child. Foster parents must also complete CPR and Standard First Aid Training and receive certification in both areas.
The purpose of the assessment process is to educate prospective foster parents on the characteristics of children in out-of-home placement and evaluate their ability to meet those needs, as well as evaluate the applicants' compliance with the DCFS standards of approval for foster homes
The home study (a component of the overall home assessment) assists in determining if a family is ready, willing and able to become a suitable and safe placement resource for a child. The home study must evaluate a family's dynamics in areas including but not limited to, motivation for wanting to foster, health, education, lifestyle, daily schedules, parenting practices, support systems and personal histories. By learning more about these areas, the home study assists in ascertaining how members of a family function individually and as a unit, and, subsequently, helps inform the recommendation as to whether a family should serve as a foster home.
To complete a successful home study, the Division uses CFS-405: Foster Care/Adoption Services Family Assessment Information.
If at any point throughout the home assessment process a prospective foster home is found to be out of compliance with a licensing standard or a DCFS policy, this non-compliance issue must be addressed. However, if the Resource Worker determines that the non-compliance issue would not endanger the safety or well-being of children placed in a home, an Alternative Compliance or DCFS Waiver may be requested as appropriate. If the individual conducting the home study finds non-compliance, he or she must notify the Resource Worker who should then take the appropriate steps outlined above to address the non-compliance issue. For more information, on requesting an Alternative Compliance or DCFS Waiver, see Appendix IX.
The successful completion of all home assessment components will allow the Division to assess the quality and capability of foster homes. The home assessment process will also assist prospective foster parents in determining if fostering is appropriate for them and, if so, prepare them for their new role.
PROCEDURE VII-C1: Background Check Processing
If the prospective foster family did not attend an Informational Meeting, the Resource Worker must provide the family with a Background Check Packet which includes:
The Resource Worker must process all of the following forms for the appropriate foster family members and the Foster Family Support System and will:
There are two options for completing the FBI check:
PROCEDURE VII-C2: In-Home Consultation Visit
The Resource Worker will:
The Area Director will:
PROCEDURE VII-C3: Initiation of Pre-Service Training
In order to approve applicants for Pre-Service Training, within 10 working days of receiving the results of all Child Maltreatment Central Registry Checks and the State Police Criminal Record Check, the Resource Worker will:
The Area Director or designee will:
PROCEDURE VII-C4: Pre-Service Training
The prospective foster family will:
Alternative Compliance must be requested with this form; see Appendix 9: Alternative Compliance and Policy Waiver Protocol).
The Resource Worker will:
The Area Director or designee will:
PROCEDURE VII-C5: Home Study
The home study can be conducted by designated Division staff, by staff contracted through the MidSOUTH Training Academy or other contract providers, or by volunteers trained by designated DCFS staff.
The individual conducting the home study will:
The Resource Worker will:
The Area Director or designee will:
PROCEDURE VII-C6: Final Approval of Foster Homes
The Resource Worker will:
The County Supervisor will:
The Area Director will:
POLICY VII-D: DENIAL OF A FOSTER HOME
01/2011
If at any point during the home assessment the Division determines that an applicant does not meet the standards or any other criteria of a quality foster home, DCFS will deny approval of the home.
PROCEDURE VII-D1: Denial as a Result of the In-Home Consultation Visit Report
The Resource Worker will:
PROCEDURE VII-D2: Denial due to Negative Results of a Background Check
The County Supervisor will:
PROCEDURE VII-D3: Denial as a Result of the Home Assessment
The County Supervisor will:
POLICY VII-E: REEVALUATION OF THE FOSTER HOME
01/2011
In order to ensure continued quality of all DCFS foster homes, the Division shall reevaluate each foster home's ability to care for children at least annually and whenever there is a major life change. Major life changes include:
* Death or serious illness among the members of the foster family.
* Marriage, separation, or divorce. (See more detailed information concerning foster parents who plan to marry or divorce below.)
* Loss of or change in employment.
* Change in residence.
* Suspected child maltreatment of any child in the foster home.
* The addition of family members.
The completion and approval of all foster home reevaluations must be documented in CHRIS. If a foster home reevaluation is not completed and documented annually in CHRIS, any IV-E eligible child placed in the home will lose his IV-E eligible claimability until the reevaluation of the family is completed and documented.
In addition to continuing to meet all Minimum Licensing Requirements and DCFS Policy as it relates to foster homes, foster parents must also complete a minimum of fifteen hours of Division-sponsored or Division-approved in-service training annually after the first year of service. Foster parents must also maintain current CPR certification and Standard First Aid training. Maintenance of CPR certification and First Aid training is in addition to the fifteen hours of continuing education and, therefore, cannot be counted as part of the continuing education.
If the foster parents' annual in-service training requirements are more than 60 calendar days overdue, then a reevaluation will also be required unless an extension to meet in-service training requirements has been granted by the Area Director.
Foster parents shall complete their annual in-service training requirements before any additional children in care are placed in their home unless an exception is granted. Foster parents who do not meet the in-service training requirements will be notified that they must complete the in-service training requirements within 60 days. No additional children will be placed in the home during this 60 day period.
PROCEDURE VII-E1: Annual Reevaluation of the Foster Home
The Resource Worker will:
The Area Director will:
When an exception to the in-service training requirements is requested, the Area Director will:
PROCEDURE VII-E2: Single Foster Parents Who Plan to Marry
When a single foster parent plans to marry and wishes to continue providing care to children in foster care, the Resource Worker will:
The future spouse will be considered an applicant seeking approval. He or she must complete and submit the following to the Resource Worker:
The foster parent and fiance should be informed that the reevaluation, the fiance's approval and the waiver will have to be granted before the fiance can take on the role of foster parent and reside with the children in the home. A waiver is needed due to the DCFS Policy requiring that foster parents to be married for at least two years.
Once the reevaluation is completed and all newly involved persons have been approved for contact with children in foster care, a waiver should be requested, which should address the strengths and qualities of the relationship that support the request for the waiver. See Appendix 9.
PROCEDURE VII-E3: Married Foster Parents Who Plan to Divorce
When jointly licensed foster parents, who currently have children placed in their home, plan to divorce, the Resource Worker will:
POLICY VII-F: FOSTER HOME REOPENING
01/2011
There may be situations when foster parents who previously self-elected to close their home and/or whose home was closed by the Division would like to reopen.
PROCEDURE VII-F1: Reopening a Foster Home That Has Been Closed Less Than One Year
For former foster homes that have been closed less than a year and express interest in reopening, the Resource Worker shall:
PROCEDURE VII-F2: Reopening a Foster Home That Has Been Closed More Than One Year but Less Than Two Years
For former foster homes that have been closed for more than one year but less than two years and express interest in reopening, the Resource Worker shall:
PROCEDURE VII-F3: Reopening a Foster Home That Has Been Closed for More Than Two Years
For former foster homes that have been closed for more than two years and express interest in reopening, the Resource Worker shall:
POLICY VII-G: ALTERNATE CARE FOR CHILDREN IN OUT-OF-HOME PLACEMENT
01/2011
Alternate care for children in out-of-home placement may be used to provide assistance to foster parents when circumstances requiring supervision by an appropriate adult other than the foster parents exist, e.g., if both foster parents work, during foster parent training, transporting a child in foster care for medical purposes, need for short-term, temporary care to provide relief to the foster parent from the on-going responsibility of care, etc.
There are five types of alternate care:
Child care for children may also be provided as a part of an out-of-home placement case to provide assistance to foster parents for non-routine circumstances that relate to the retention and/or support of the foster home such as foster parent training.
Members of a Foster Family Support System may transport children and care for children in the foster home or in the home of the FFSS member. However, an FFSS member shall not provide care for more than 72 continuous hours at one time regardless of the location in which care is provided. Requests for longer periods of care provided by an FFSS member must be approved by the Area Director or designee. The FSW shall be notified when an FFSS member will provide care for more than 24 continuous hours. The Foster Family Support System shall not be used in place of respite care or as an out-of-home placement.
All prospective FFSS members must be cleared through the Child Maltreatment Central Registry and a State Police Criminal Record Check. The Division will request any other state where the prospective FFSS member has resided in the preceding six years to check its child abuse and neglect registry. The Division will provide documentation in the case record that the Child Maltreatment Central Registry and State Criminal Record Checks were conducted on the prospective FFSS member.
Documentation of at least one home visit for evaluation purposes is required of all prospective FFSS members.
The Division will check the driving record (violation points) for each potential FFSS member. The Arkansas State Vehicle Safety Program sets the maximum number of traffic violation points an FFSS member foster parent may be allowed.
Formal Respite Care shall be provided for no more than seven days per three month period. A stay with a Formal Respite Care provider must be documented in CHRIS, but not as a separate/new placement. Longer periods of Formal Respite Care require approval from the Area Director or designee.
PROCEDURE VII-G1: Normal Age Appropriate Activities
The Foster Family will:
The Family Service Worker will:
The County Supervisor will:
PROCEDURE VII-G2: Babysitting
The Family Service Worker will:
The County Supervisor will:
PROCEDURE VII-G3 Child Care for Children in Temporary Out-of-Home Placement
For routine child care services, the Family Service Worker will:
If the child leaves the foster care or protective services program, CHRIS will automatically notify the child care system.
The County Supervisor will:
For non-routine child care services (e.g. when the foster parents are obtaining foster parent training), the Family Service Worker will:
PROCEDURE VII-G4: Foster Family Support System for Children in Out-of-Home Placement
The Family Resource Worker will:
The Foster Family will:
The Family Service Worker will:
The Area Director will:
PROCEDURE VII-G5: Respite for Children in Out-of-Home Placement
The Foster Family will:
The Family Service Worker will:
The Financial Coordinator will:
The Area Director will:
POLICY VIII-G: DEVELOPMENT OF ADOPTIVE HOMES
01/2011
The Division provides adoption services to recruit, retain, assess, and prepare adoptive families to ensure that adoption, when that is the best permanency option, is timely, well-supported and lifelong. The services focus on finding families for children rather than finding children for families. Assessment and preparation of prospective adoptive families are completed according to the need for homes for children. The child's health, safety, and well-being shall be of paramount concern in the development of the adoptive placement.
In order to ensure quality adoptive homes, DCFS will complete a thorough home assessment for each prospective adoptive family. The home assessment is a mutual selection process. It involves several components including, but not limited to, compliance checks, an in-home consultation visit, pre-service training, a home study, and ongoing consultation between the prospective adoptive parents and Adoption Specialist. Prospective adoptive families are highly encouraged to attend a local information meeting before the in-home consultation visit but are not required to do so. The home study shall address whether the adoptive home is a suitable home, and shall include a recommendation as to the approval of the petitioner as an adoptive parent.
If at any point throughout the home assessment process a prospective adoptive home is found to be out of compliance with a licensing standard or a DCFS policy, this non-compliance issue must be addressed. However, if the Adoption Specialist, or the individual conducting the home study, determines that the non-compliance issue would not endanger the safety or well-being of children placed in a home, an Alternative Compliance or DCFS Waiver may be requested as appropriate. For more information on requesting an Alternative Compliance or DCFS Waiver see Appendix 9.
Criteria for consideration in determining the appropriateness of adoptive homes includes, but is not limited to:
Jurisdiction:
DCFS will participate in the adoption of a minor who is in DHS custody or for whom the Court has retained jurisdiction only if either the person seeking to adopt the child, or the child, is currently a resident of Arkansas.
Residency Requirements for Adoption in Arkansas:
See Procedure VIII-F1 for Arkansas residency requirements for adoption.
Age:
Applicant is:
A. At least 21 years old;
B. A primary caregiver who is at an age so that it can be anticipated that he can parent the child into adulthood. This assessment will be made by the Adoption Specialist when determining what is in the best interests of the child(ren) to be adopted.
Generally, at least a 10-year age difference and no more than a 45-year age difference between the child and adoptive applicant is preferred.
Marital Status:
A. In a two-parent home, the husband and wife shall be joint applicants; each shall actively participate in the approval process, and shall provide verification that they have been married. The marriage shall be stable.
B. A person who is divorced must provide verification of that divorce and must be divorced for at least one year from the date on the court order (i.e., verification of any divorces that were finalized in the preceding year only are required).
C. A person who is widowed must provide verification that they have been widowed for at least one year.
D. Couples who are separated may not apply to adopt.
E. A single person may apply to adopt.
General Physical and Mental Health:
Members of the household must not have a health condition or disability that would interfere with the family's ability to parent the child. Each member of the household shall have a physical examination by a physician within six months prior to the approval of the adoption home study on the prospective adoptive family, and annually thereafter until placement of a child.
Housing:
A. Space is adequate to promote health and safety. Each bedroom should have at least 50 square feet of space per occupant.
B. All firearms are maintained in a secure, locked location.
C. All water hazards and dangerous pets will be assessed. Safeguard measures will be implemented, as appropriate.
D. Children of opposite sexes will have their own separate bedrooms if either child is four years old or older, except for a mother in foster care with her child(ren).
E. Water is provided by public water system or approved by the Department of Health.
Resources:
The applicant must have sufficient resources to meet the financial, medical, physical, educational, emotional, and shelter needs of the child without depending on state or federal financial assistance (e.g., SNAP, etc) to meet those needs (although these forms of assistance may be used to supplement a family's income). A recent check stub and the previous year's income tax return are required to verify income and employment. While an adoption subsidy may be a resource for a child who meets the eligibility criteria, adoptive parents should have sufficient resources to care for a child even without a subsidy. The adoption subsidy shall not be considered a part of the foster family's income.
The Division shall place children in approved adoptive homes where the adoptive parents and other appropriate members of the household have been cleared through the Child Maltreatment Central Registry, a State Police Criminal Record Check and an FBI Criminal Background Check. DCFS will check the driving record (violation points) for each potential adoptive parent and other applicable members of the household. The Arkansas State Vehicle Safety Program sets the maximum number of traffic violation points an adoptive parent may be allowed. Adoptive parents must also complete the Division's pre-service training curriculum. The entire assessment and approval process shall educate adoptive parents on the characteristics of children waiting for adoptive homes and assess their capability to meet those needs.
DCFS employees who are related to children in foster care may be approved to adopt their relatives, if they are an appropriate placement. Other DCFS employees may apply to be adoptive parents. Applications will be considered on a case-by-case basis.
Siblings shall be placed together in the same adoptive home. Siblings may be placed separately upon written documentation by a Mental Health Professional that placement of the siblings together would be detrimental to their best interests or is otherwise not possible at the time of placement.
Before placement for adoption, the Adoption Specialist shall compile and provide a disclosure packet to the prospective adoptive parents, which is a detailed, written health history and genetic and social history of the child which excludes information which would identify custodial/non-custodial parent(s) or members of a custodial/non-custodial parent(s)'s family. The information shall be set forth in a document that is separate from any document containing information identifying the custodial/non-custodial parent(s) or members of the custodial/non-custodial parent(s)'s family.
The Office of Chief Counsel shall file an adoption summary with the clerk before the entry of the adoption decree. Upon order of the court for good cause shown, the clerk of the circuit court may tender to a person identified by the court a copy of the detailed, written health history and genetic and social history.
The Division provides pre-placement services to move children into adoptive families in a timely manner and post-placement services to help the family adjust. After finalization, services are available to help preserve adoptive families such as respite care, counseling, wraparound services, Intensive Family Services, and the Mutual Consent Voluntary Adoption Registry.
The placement of a child for adoption will not be denied or delayed when an approved family is available outside the jurisdiction responsible for handling the child's case.
The Juvenile Division of Circuit Court shall retain jurisdiction to issue orders of adoption, interlocutory or final, when a juvenile is placed outside the state of Arkansas, unless the Court allows for finalization in the receiving state.
Legal risk adoptive placements may be considered for a newborn that is being relinquished for adoption or for a child whose custodial/non-custodial parent(s) has filed an appeal to the termination of parental rights.
Legal risk placements can only be approved by the Adoptions Manager.
The Division shall provide notice of any hearing to be held with respect to a child in Department custody to the child's foster or pre-adoptive parents. (Families are identified as pre-adoptive once a child is placed in the home and prior to finalization of the adoption.) The original petitioner in the juvenile matter shall provide relative caregivers notice of any hearing. The court shall give foster parents, pre-adoptive parents, and relative caregivers the right to be heard in any hearing held with respect to a child in foster care. Foster parents, adoptive parents, and relative caregivers shall not be made a party to a case solely on the basis that they are entitled to notice and the right to be heard.
PROCEDURE VIII-G1: Recruitment of Adoptive Applicants
All staff should participate in recruitment efforts. While the following is not a comprehensive list, staff should:
A. Encourage adoptive parents to:
B. Actively coordinate with professional organizations and minority groups to create public interest.
C. Contact community organizations and media to inform them about DCFS needs and successes.
D. Conduct Information Meetings.
The Adoption Specialist will:
A. Publicize the need for adoptive families.
B. Publicize the availability and purpose of adoption subsidy.
C. Recruit adoptive families that reflect the ethnic and racial diversity of children for whom adoptive homes are needed.
D. Recruit for placement for specific children when necessary.
E. Utilize adoptive families and volunteers in recruitment campaigns.
F. Provide adoption brochures.
G. Explain and discuss the adoption process.
H. Refer applications from friends, relatives, and DHS employees to the Adoption Supervisor.
I. Complete the adoption preparation/assessment within four to six months (includes pre-service training).
PROCEDURE VIII-G2: Retention of Adoptive Applicants
All DCFS staff will:
A. Ensure good communication among all team members, as well as mutual respect, understanding, and honesty.
B. Support adoptive homes as needed in order to best serve children and their families.
Adoption Specialists will:
A. Keep adoptive applicants and adoptive parents informed of DCFS programs, services, and policies that relate to adoption.
B. Support the prospective adoptive parents throughout the inquiry, application, preparation/assessment, approval, waiting for placement, selection, placement and finalization of adoption.
The Adoption Supervisor will develop, implement, and monitor an area-wide adoption recruitment plan.
The Adoptions Manager or designee will develop, implement, and monitor a state-wide adoption recruitment plan.
PROCEDURE VII-G3: Inquiries
The Adoption Supervisor or designee will:
A. Designate a staff person to respond to all phone and internet inquiries within five working days.
The designated Adoption Specialist will:
A. Respond to all phone and internet inquiries within five working days of the inquiry follow-up assignment.
B. When responding to an inquiry, give a brief explanation of the county adoption needs, correct any misinformation the caller may have, and explain the adoptive parent assessment process. Inquiries made through the website will automatically populate the appropriate CHRIS county inbox the next working day.
C. Enter information documenting all activities with "adopt-only" families beginning with Applicant Status (Inquiry) to the approval process in CHRIS. This includes all appropriate Provider Screens - General Information Tabs, Household Members/Requirements Tab, Contacts Screen, Preferences Tab, Adoption Characteristics Tab and Services Details Screen.
D. Provide the family with an information packet within five working days after initial contact is made. The information packet will consist of:
Copies of the brochures can be obtained from the Adoptions Unit.
PROCEDURE VIII-G4: Information Meetings
The Adoption Specialist is responsible for assessing and preparing applicants for adoption. To begin this process, the Adoption Specialist will:
A. Conduct a meeting with a group of adoptive applicants within 30 working days of initial contact. This may or may not include a joint meeting with individuals interested in fostering.
B. Notify Adoption Supervisor if this time frame cannot be met.
C. During the informational meeting inform attendees of the following:
D. Provide all participants with a copy of PUB-22: Standards of Approval for Family Foster Homes.
E. Provide participants with a Background Check Packet (MidSOUTH shall not provide the packet to prospective adoptive families), which includes:
F. Have a notary present to notarize the forms in the Background Check Packet if the family chooses to complete during the Information Meeting.
G. Provide participants with additional Background Check Packets for their Foster Family Support System.
PROCEDURE VIII-G5: Background Check Processing
If the prospective adoptive family did not attend an Informational Meeting, the Adoption Specialist must provide the family with a Background Check Packet which includes:
The Adoption Specialist must process all of the following forms for the appropriate prospective adoptive family members and the Foster Family Support System and will:
A. Submit the signed CFS-593, VSP-1 and VSP-2 to the Vehicle Safety Program Coordinator along with a clear copy of the driver's license for each prospective adoptive parent and applicable teenage driver.
B. Submit the completed CFS-316: Request for Child Maltreatment Central Registry Check for each household member age 10 years and older, excluding children in foster care. The CFS-316 must be notarized. The Child Maltreatment Central Registry Check shall be repeated annually thereafter until the adoption decree has been issued. The person must have no history of true abuse and/or neglect.
C. Use CFS-341: Certification of Absence of Criminal Record to obtain written certification from the prospective adoptive parent(s) that any household members aged 10-17 do not have a criminal record. File a copy in the case record.
D. Submit the completed CFS-342: State Police Criminal Record Check for each household member age 18 years and older, excluding children in foster care. The CFS-342 must be notarized. The State Police Criminal Record Check must be completed prior to requesting the FBI Criminal Background Check. Applicants must have no history of convictions for offenses listed in ACA § 9-28-409. These checks must be made prior to approval and be shall be repeated annually thereafter until the adoption decree has been issued (see Procedure VIII-F1 for a listing).
E. Out-of-state adoptive families do not need to do an Arkansas State Police Check if they have never resided in Arkansas. Adoptive parents and each member of the household age 18 years and older, excluding children in foster care, residing out-of-state shall provide state police criminal record checks from their state of residence. These checks must be made prior to approval and shall be repeated annually thereafter until the adoption decree has been issued. Any person who is found guilty of or pleads guilty to an excluded criminal offense pursuant to ACA § 9-28-409(e)(1) shall be excluded as an adoptive parent.
F. Process an FBI fingerprint-based Criminal Background Check for all adoptive applicants and all members of the prospective adoptive home who are 18 years of age and older, excluding children in foster care. Encourage the adoptive applicants to submit the FBI Criminal Background Check as early as possible given that processing time may be significant. The FBI fingerprint-based Criminal Background Check must be submitted prior to the family attending training; however, the results are not required before the family can attend training.
There are two options for completing the FBI check:
PROCEDURE VIII -G6: In-Home Consultation Visit
All adoptive applicants must participate in an In-Home Consultation Visit in order to begin the assessment process. The Information Meeting is not a substitute for the In-Home Consultation Visit. All prospective adoptive parents must attend an Information Meeting before the In-Home Consultation Visit.
The Adoption Specialist will:
A. After attendance at an Information Meeting and after clearances on all required background checks have been received, conduct an in-home consultation visit with the prospective adoptive family in order to:
B. The Adoption Specialist will be responsible for submitting the completed reference letters to the individual conducting the home study.
C. Require a professional assessment of an applicant's ability to parent, if needed. It may be necessary for the adoptive applicant to pay for that assessment.
PROCEDURE VIII-G7: Initiation of Pre-Service Training
In order to approve applicants for Pre-Service Training, within 10 working days of receiving the results of the Child Maltreatment Central Registry Checks and the State Police Criminal Record Checks, the Adoption Specialist will:
A. Submit the signed and completed CFS-446: In Home Consultation Visit Report to the Adoption Supervisor with one of the following recommendations:
B. If the Adoption Supervisor approves the recommendation to send the applicant to Pre-Service Training, complete the contact purpose of "In-Home Consultation/Approval for Training" in the Provider Contact Information Screen.
C. Arrange and/or provide one-on-one pre-service training to the family if group training sessions are unavailable locally.
D. Enter the CFS-409 responses in the Provider Adoption Characteristics Tab in CHRIS.
The Adoption Supervisor or designee will:
A. Log receipt of the CFS-446 on the DCFS Foster/Adopt Home in CHRIS.
B. Note approval or disapproval of recommendation within five working days of submission of the CFS-446 by the Adoption Specialist. Either approve or disapprove the recommendation of the Adoption Specialist.
C. When an applicant is approved:
D. When an applicant is NOT approved:
PROCEDURE VIII-G8: Pre-Service Training
The prospective adoptive family will:
A. Complete a minimum of 27 hours of Foster/Adopt PRIDE training and three hours of DCFS orientation prior to placement of a child. All make-up sessions shall also be completed in order for a family to fully complete pre-service training.
B. Complete CPR and First Aid Training and receive certification in both areas.
C. Submit the completed CFS-409: Foster/Adoptive Family Preference Checklist to the Adoption Specialist by the first day of Pre-Service Training:
D. Submit the following forms to the Adoption Specialist by the last day of Pre-Service Training:
E. Ensure that the individuals providing references have submitted them to the Adoption Specialist by the last day of training. Each person providing a reference should mail the reference letter directly to the Adoption Specialist using the pre-stamped, pre-addressed envelope provided (i.e., all reference letters shall remain confidential; prospective adoptive family shall not handle a completed reference letter).
The Adoption Specialist will:
A. Assist with the Area or County Orientation Session.
B. Document the CPR Training and First Aid Training Effective and Expiration Dates in the Provider Household Members/Requirements Tab in CHRIS.
PROCEDURE VIII-G9: Home Study
A home study determines if a family is ready, willing and able to become a suitable and safe placement resource for a child. The home study must evaluate a family's dynamics in areas including but not limited to, motivation for wanting to adopt, health, education, lifestyle, daily schedules, parenting practices, support systems and personal histories. By learning more about these areas, the home study assists the evaluator in understanding how members of a family function both individually and as a unit, and, subsequently, make an informed recommendation on the best placement for a child who comes into care.
To complete a successful home study, the Division uses CFS-405: Foster Care/Adoption Services Family Assessment Information. The home study can be conducted by designated Division staff, by staff contracted through the MidSOUTH Training Academy or other contract providers, or by volunteers trained by designated DCFS staff.
The home study evaluator will:
A. Conduct an initial face-to-face interview with the prospective adoptive parent(s) using CFS-405 to guide the conversation.
B. Evaluate the first interview and note responses that will require further clarification and/or development.
C. Collect the three reference letters from the Adoption Specialist and review. Three positive references are required.
D. Conduct a second face-to-face interview with the applicant(s).
E. Evaluate the second interview and note responses that will require further clarification and/or development.
F. If necessary, conduct additional face-to-face interviews with the prospective adoptive parent(s) and/or other members of the household to further explore topics noted during the evaluation process.
G. Interview each household member separately who is 10 years of age or older. Observe younger children and interview if appropriate.
H. Within 45 working days of the family completing pre-service training, complete the home study report (based on CFS-405) and submit to the Adoption Specialist for review and assessment.
The Adoption Specialist will:
A. Review the final report (based on CFS-405) and other assessment documents and, based on the review, recommend to approve or deny the home.
B. Send a copy of the home study report, written recommendation of approval or denial, all required forms including the three positive, confidential reference letters to the Adoptions Supervisor within one week of receiving the final report from the home study evaluator.
C. Provide a copy of the final home study report to the family regardless of approval or denial if the family has requested to see the report.
D. If the home is denied, explain the reasons for denial in a personal interview and refer for professional services if indicated.
E. Keep the family's photo album in his or her possession.
F. Document the Initial Home Study Completed Date on the Provider Services Details Screen in CHRIS.
The Adoption Supervisor will:
A. Review and assess the completed home study report and other assessment documents as well as the Adoption Specialist's recommendation to approve or deny the home.
B. Determine whether to approve or deny the adoptive applicant within one week of receiving all final documents from the Adoption Specialist.
C. Notify the adoptive applicant in writing of approval or denial within one week of receiving all final documents from the Adoption Specialist.
D. Notify the applicant in writing if a determination to approve or deny the home based on the home study report and other assessment documents cannot be completed within 60 days of the family completing pre-service training and explain the reason. Send a copy to the Adoption Specialist.
E. In CHRIS, upon approval of the adoptive applicant, enter the new adoptive family in CHRIS by completing the Resource screens to obtain a resource provider number. Also, the Vendor Maintenance Form - F10021 must be completed and sent to AASIS as soon as possible by designated staff.
F. Return the home study report and entire record to the Adoption Specialist with a copy of the written approval or denial notification.
PROCEDURE VIII-G10: Reevaluation of Approved Adoptive Applicant's Record
A child in foster care placed in an approved adoptive home (Pre-Adoptive Service) continues status as a child in foster care until finalization of the adoption. The adoptive home (Pre-Adoptive Home Service) must be reevaluated annually until the adoption is finalized. Additionally, the adoptive home must be reevaluated if the approved applicant(s) experiences any major life changes such as:
* Death or serious illness among the members of the adoptive family.
* Marriage, separation, or divorce.
* Loss of or change in employment.
* Change in residence.
* Suspected child maltreatment of any child in the adoptive home.
* The addition of family members.
The Adoption Specialist will reevaluate the family prior to placement of the child. The Adoption Specialist will not wait for the annual reevaluation. An additional home visit is required if there has been a change of residence. Completion of new forms (listed below) will be necessary depending on the type of change.
If an approved applicant has not had a child placed within one year, or a child has been placed and the adoption has not been finalized, or the adoptive family has experienced a major life change, the Adoption Specialist will:
A. Visit in the home and ascertain changes in the situation and assess the family's continued interest in adoption.
B. Use the CFS-475: Checklist for Compliance to update the narrative summary and record annually from the date in the approval letter until a child is placed and the adoption is finalized.
C. Complete/update the Individual Training Needs Assessment (ITNA) with the parent.
D. Submit the completed ITNA to MidSOUTH within 45 working days of the home visit.
E. Submit within 45 working days from the home visit a packet to the Adoption Supervisor to include:
F. Send a copy of CFS-475, all required forms and written notification of approval to the Adoptions Manager or designee when a reevaluation is approved.
G. In CHRIS, under the Pre-Adoptive Home Service for the approved adoptive family:
The Adoption Supervisor will:
A. Refer to Procedure VIII-G5.
B. In CHRIS, under the Pre-Adoptive Homes Service for the approved adoptive family:
PROCEDURE VIII-G11: Selection of an Adoptive Family
The Family Service Worker will:
A. Pursue child's relatives as possible adoptive placements.
B. Invite Adoption Specialist to permanency planning staffing.
C. Assure prior to the permanency planning staffing that the child's out-of-home placement record is up to date and that all attachments which are required for an adoption packet (Appendix 2-B) are in the child's record. These will be copied and forwarded to the Adoption Specialist within three working days after the permanency planning hearing.
D. Notify the Adoption Specialist within 14 days prior to TPR staffing and hearing.
E. Send additional attachments to the Adoption Specialist once the initial adoption packet is completed in order to maintain current information until a child is placed with an adoptive family.
F. Document in the child's out-of-home placement record and in CHRIS the efforts to secure needed attachments and the reason for an attachment not being available.
G. Provide information requested by the Adoption Specialist in the preparation of the child's adoption summary and in the selection of an adoptive family.
H. Place siblings together in the same adoptive home. Separate siblings by placement only upon written determination by a Mental Health Professional that placement of the siblings together would be detrimental to their best interest or is otherwise not possible at the time of initial placement.
I. Continue to prepare the child for adoption.
The Adoption Specialist will:
A. Determine prior to the 11 month staffings if there is a resource of approved adoptive applicants to consider for a child who may have a permanent goal of adoption (enter characteristics of child into the computer matching system to obtain listing of approved adoptive applicants). If there is not an adequate resource of approved adoptive applicants, the Adoption Specialist will initiate generalized recruitment for an adoptive family who may be interested in adopting a child with similar characteristics.
B. Prepare the child's adoption packet (adoption summary and attachments -- see Appendix 2-A and 2-B) within 30 days from the permanency planning hearing.
C. In CHRIS, complete the Adoption Characteristics section in the Child's Characteristic's Screen in the child's case.
D. Enter characteristics of the child into the computer matching system, CFS-468: Adoption Data Matching within five working days from the court hearing that terminated parental rights to obtain a listing of approved and registered adoptive applicants from in and out-of-state.
E. Contact the Adoptions Manager or designee, to request adoption assessments on the approved adoptive applicants.
F. Decide within 10 working days from receiving the listing and adoption assessments if recruitment of an adoptive family is needed.
G. Assist the Family Service Worker in preparing the child for adoption.
H. Complete and maintain a CFS-433: Individualized Recruitment Plan written recruitment plan if an appropriate adoptive family is not available.
I. Send the following to the Adoptions Manager or designee, if a photo-listing and website registration of the child is needed: a color photograph, adoption summary, special evaluations if applicable, the CFS-467: Adoption Recruitment Agreement if 10 years or older and a draft of the completed registration page.
J. Notify the Adoptions Manager or designee in writing if registrations are needed on available, national adoption exchanges.
K. Monitor and document recruitment activities on the CFS-433: Individualized Recruitment Plan.
L. Enter characteristics of the child into the computer matching system CFS-468: Adoption Data Matching on a consistent basis if the initial listing did not result in the selection of an appropriate adoptive family.
M. Update the child's adoption summary annually until an appropriate adoptive family is selected and ensure that attachments are updated. Send a copy of the updated adoption summary and special evaluations to the Adoptions Manager or designee if the child has a photo-listing, website and/or adoption exchange registration. Send a copy of the updated summary to the child's Family Service Worker.
N. Ensure compliance with Indian Child Welfare Act, if applicable.
O. Consult with the Family Service Worker, the family's Adoption Specialist and other appropriate DCFS staff and professionals involved with the child in the selection of an adoptive family. Schedule and conduct a staffing, if applicable.
P. Select the most appropriate approved adoptive applicant for the child consistent with the child's needs. Ensure the applicant's ability to meet the special needs of the child. Refer to PUB-04: Minimum Licensing Standards for Child Welfare Agencies. Document the selection by completing the CFS-470: Selection of Adoptive Family.
Q. In CHRIS, complete the Provider Adoption Considerations Tab on the selected family (Pre-Adoptive Home Service) identifying the considered foster child.
R. Send the completed CFS-470 to the Adoption Supervisor within ten working days of receiving the assessments of approved adoptive applicants for a child who does not have a special need(s) and within thirty working days for a child with a special need(s). Attach a copy of the child's adoption summary and the selected family's adoption assessment to the CFS-470.
S. Prepare the child's adoption packet:
T. Discuss delays in the selection of an adoptive family with the Adoption Supervisor and document reasons for the delay.
U. Determine immediately if another approved adoptive applicant can be selected if the Adoption Supervisor, the adoptive family, or child does not agree with a selection. Document if another approved adoptive family cannot be selected and continue recruitment activities.
V. Forward a written notification to the Adoption Specialist for each approved adoptive applicant who has been considered, and provide the reason(s) for the applicant not being selected. The applicant's Adoption Specialist will notify the approved applicant in writing if he had asked to be considered for a child who is registered in the DCFS photo-listing and website but was not selected.
W. Initiate and follow ICPC procedures if an out-of-state approved adoptive applicant is selected.
The Adoptions Manager or designee will:
A. Complete, within five working days of receiving the required information, a photo-listing and website registration for a child referred by an Adoption Specialist.
B. Coordinate and maintain a photo-listing book and website of children with special needs to be distributed to each Adoption Specialist.
C. Complete, within five working days of receiving the required information, a registration on an available adoption exchange for a child referred by an Adoption Specialist.
D. Send to an Adoption Specialist within three working days names of prospective adoptive families who respond to recruitment activities.
E. Coordinate and maintain the computer matching system to assist in the selection of an adoptive family.
F. Maintain the file for adoption assessments of approved adoptive applicants who reside within the state and out-of-state.
G. Provide technical assistance on recruitment and selection of adoptive families.
The Adoption Supervisor will:
A. Assess the child's adoption packet, the assessment of the approved adoptive applicant, and the CFS-470: Selection of Adoptive Family from the Adoption Specialist and determine the appropriateness of the selection within 10 working days.
B. Document the determination to approve or deny the selection on the CFS-470: Selection of Adoptive Family from the Adoption Specialist and explain in writing the reason(s) for a denial.
C. Return all information to the Adoption Specialist.
PROCEDURE VIII-G12: Disclosure, Pre-Placement, and Placement Activities
After the selection of an adoptive family has been approved, the child's Adoption Specialist will:
A. Continue to assist the Family Service Worker in preparing the child for adoption.
B. Work with the Family Service Worker in preparing the child to meet the selected adoptive family (including the presentation of the family's photograph album) after the adoptive parents has signed the disclosure form.
C. In CHRIS:
D. Arrange and conduct pre-placement visits between the child and the selected adoptive family. There must be at least three pre-placement visits for a child who is two years of age or older. These visits shall not be scheduled until the selected adoptive parents have signed the disclosure form.
E. Supervise visits of the child with the selected adoptive family when the visits are in the child's area.
F. Review information about the child with the selected adoptive family and answer questions.
G. Provide support to the selected adoptive family.
H. Assess the acceptance and development of a relationship between the selected adoptive family and the child.
I. Remain in contact with the adoptive family's Adoption Specialist.
J. Coordinate times, dates, places, and activities for the pre-placement visitation schedule with the family's Adoption Specialist and child's Family Service Worker.
K. Arrange any needed appointments with the Family Service Worker for the selected adoptive family to meet with special providers, i.e., mental health counselors, doctors, school personnel, etc.
L. Assess the child's wardrobe. Arrange purchases of any additional clothing with the Family Service Worker.
M. Arrange with the Family Service Worker a physical exam and developmental assessment by a physician within 30 days prior to adoptive placement and completion of the CFS-366: Health Screening.
N. Present and explain the CFS-420: Legal Risk Adoption Placement Agreement to the selected adoptive parent(s) if a legal risk adoptive placement is planned. Secure the adoptive parent's(s) signature on the CFS-420 and approval from the Adoptions Manager prior to placement.
O. Document dates of pre-placement visits, contacts, activities, progress, concerns, etc. and send a copy to the family's Adoption Specialist, Adoption Supervisor, Family Service Worker, and OCC Attorney for the child's initiating county.
The Adoptive Family's Adoption Specialist will:
A. Review, discuss and present to the selected adoptive parent the child's non-identifying adoption packet and CFS-471: Disclosure for Adoption and document in narrative.
B. Assist in assessing appropriateness of the selection.
C. Secure the signature of the selected adoptive parent on the CFS-471.
D. Give the selected adoptive parent a copy of the signed CFS-471.
E. Advise the child's Adoption Specialist of the family's interest in adopting the child.
F. Coordinate with the child's Family Service Worker and Adoption Specialist a pre-placement visitation schedule.
G. Supervise visits of the child with the selected adopted family when visits are in the family's area.
H. Discuss and coordinate with the selected adoptive parent resources (adoption subsidy, counseling, medical, educational services, etc.) which a child may need. In addition, when discussing an adoption subsidy, the Adoption Specialist will be clear that they will only be screening for a determination of special needs, subsidy eligibility and making a recommendation to the Adoption Unit. The Adoption Specialist will notify the family of approval/denial of an adoption subsidy. (See Procedure VIII-H1: Initial Application for Adoption Subsidy.) The Adoption Specialist must also explore other resources and assistance that may be available for the child and adoptive family when screening for a subsidy.
I. Document dates of contacts, activities, progress, concerns, etc., in the narrative section of CHRIS as well as in the court report and send a copy to the child's Adoption Specialist, designated Adoption Supervisor, Adoptions Manager, Family Service Worker, and OCC Attorney for the child's initiating county.
J. Send a completed CFS-414: Change of Status to the Adoptions Manager or designee, when the child has been placed.
The Family Service Worker will:
A. Continue to prepare the child for adoption.
B. Prepare the child to meet the selected adoptive family with the assistance of the child's Adoption Specialist after the adoptive parents have signed the CFS-471: Disclosure for Adoption.
C. Prepare and support the foster family or out-of-home placement provider for separation and enlist their help with the child.
D. Prepare child's school personnel, therapist, and other professionals for the proposed adoption.
E. Coordinate with the child's Adoption Specialist times, dates, places and activities for the pre-placement visitation schedule.
F. Participate in pre-placement and placement activities and remain involved until the process is completed.
G. Assess the feelings and reactions of the child and the foster parents or out-of-home placement provider and share these with the child's Adoption Specialist.
H. Provide information about the child to the selected adoptive family.
I. Assure that the child's clothing and personal belongings are appropriately prepared and packed for the move to the adoptive family's home.
J. Transfer the child's out-of-home placement record (including CHRIS record) to the adoptive family's Adoption Specialist within five working days of the placement date (after pre-placement visits have been completed). The family's Adoption Specialist will assume primary case management responsibility at the time of placement.
K. In CHRIS:
The Foster Parent or Out-of-Home Placement Provider will:
A. Help prepare the child for adoption.
B. Participate in the pre-placement and placement activities.
C. Provide the selected adoptive family with information about the child.
D. Assess and report the child's feelings, actions and reactions to the Family Service Worker and/or the Adoption Specialist.
E. Encourage and support the child to accept the adoptive family.
PROCEDURE VIII-G13: Post-Placement Services
The Adoptive Family's Adoption Specialist will:
A. Provide casework counseling, support, and referral to needed resources/services until the adoption is finalized.
B. Visit the adoptive family in their home at least once a week during the first four weeks after placement and at least twice a month in the home until the adoption is finalized.
C. Have a private conversation with the age-appropriate child during each visit.
D. Process an application for adoption subsidy, if applicable, prior to recommending finalization of the adoption. (Refer to Policy VIII-H.)
E. Document place and dates of contacts, activities, progress, concerns, etc., and send a copy to Adoption Supervisor, child's Adoption Specialist, and OCC Attorney for the child's initiating county.
F. Develop a CFS-6010: Case Plan within thirty days of the child's placement.
G. Notify the pre-adoptive parent of the date for a judicial review.
H. Establish time frame for finalization of the adoption, and document the reasons the adoption has not been finalized within six months.
I. Inform the family about post-adoption services (provide subsidy brochure).
J. In CHRIS:
PROCEDURE VIII-G14: Disruption of Adoptive Placement
If a disruption of an adoptive placement is imminent before the final decree, the family's Adoption Specialist will provide appropriate services to preserve the family and prevent disruption, if applicable.
A. Notify immediately the Adoption Supervisor. From the initiating county notify the County Supervisor, Family Service Worker, Adoption Specialist, OCC Attorney and attorney ad litem.
B. Schedule and conduct a staffing to include those listed above and the adoptive parent(s), age appropriate child and any other significant individuals.
C. Return the following case management responsibilities to the initiating county Family Service Worker if there is no plan to immediately select another adoptive family and disruption occurs:
D. Prepare the family for disruption and provide casework counseling and referrals for needed services.
E. In CHRIS:
PROCEDURE VIII-G15: Finalization of an Adoption
Refer to Procedure VIII-F7.