Arkansas Administrative Code
Agency 016 - DEPARTMENT OF HUMAN SERVICES
Division 15 - Children and Family Services
Rule 016.15.14-007 - Policy II-A, Policy II-B, Policy II-E, Policy IV-A, Policy IV-B, Policy IV-C, Procedure III-A2, Procedure VI-B, Procedure VII-J4, Procedure II-D6, Procedure II-I, Appendix 1, Appendix 4
Current through Register Vol. 49, No. 9, September, 2024
II. REFERRALS TO ASSESS FAMILY STRENGTHS and NEEDS POLICY II-A: SUPPORTIVE SERVICES
02/2015
The Division shall accept referrals for children and families who need assistance in a wide range of problems based on family need. Such referrals will not come through the Child Abuse Hotline. Families who need assistance may accept services on a voluntary basis. If the family accepts, a Supportive Services case will be opened. Supportive Services are generally time-limited for a period of three months.
Supportive Services are intended to protect children, to help parents in their child-rearing role, to strengthen family functioning, and to promote the healthy development and social functioning of children. Services may be provided directly by DCFS staff or in combination with purchased services, or by referral to another appropriate agency.
PROCEDURE II-A1: Community and Self Referrals for Supportive Services
02/2015
The Family Service Worker will:
POLICY II-D: Investigation of Child Maltreatment Reports
02/2015
OVERVIEW
All reports of known or suspected child maltreatment are promptly investigated and immediate steps are taken to protect a maltreated child and any other child under the care of the same alleged offender who may also be in danger of maltreatment. The health and safety of the child are always of paramount concern.
While the Division of Children and Family Services (DCFS) is responsible for ensuring the health and safety of children in Arkansas, the Arkansas State Police Crimes Against Children Division (CACD) collaborates with DCFS to conduct investigations of child maltreatment allegations. DCFS and CACD will assess Priority I and Priority II referrals as outlined in the "Agreement Between the Department of Human Services and the Arkansas State Police," which is posted on CHRIS Net and is subject to renewal annually. To determine the individual responsibilities and operational protocol of the two agencies, see the specifics of the agreement. The agreement is written in accordance with Act 586 of 2007, the Governor's Executive Order, and all applicable federal and state laws.
DCFS and CACD, as appropriate, will issue notices regarding child maltreatment allegations to all persons pursuant to § A.C.A 12-18-501 et seq. The Division will issue notices in such a way as to ensure the rights to due process of the alleged offender and to protect others who may be at risk of harm from the alleged offender. For more information on child maltreatment notices, see Policy XIV-A: Notices Regarding Child Maltreatment and related procedures.
INVESTIGATION INITIATION TIMEFRAMES
All Priority I investigations will begin no later than 24 hours after receipt of a report by the Hotline, excluding:
While an allegation that a child has been subjected to neglect as defined by Garrett's Law § 12-18-103(13)(B) is defined as a Priority II investigation, all Garrett's Law investigations must also be initiated within 24 hours after receipt of a report by the Hotline per A.C.A. § 12-18-602(b)(2)(B).
All other child maltreatment investigations reports will begin within 72 hours after receipt of a report by the Hotline. Investigations are considered initiated when, as age appropriate, the investigator conducts a face-to-face interview with the alleged victim outside the presence of the alleged offender or observes the alleged victim outside the presence of the alleged offender, or the investigator has otherwise met due diligence (see Procedure II-E3 for more information). Once the investigation has begun, the primary focus will be to determine whether or not the alleged offender has access to the child and whether the child or any other children as well as any elderly persons or individuals with a disability or mental illness with whom the alleged offender works are at risk such that they need to be protected.
AT RISK DETERMINATIONS
Upon initiation the investigative agency must determine:
In addition to gathering the information above, the investigative agency must also gather any other necessary information to determine if the alleged offender:
If so, the investigative agency must immediately ascertain the name and address of the person in charge of those activities. The investigative agency must then immediately determine whether or not children, the elderly, or individuals with disabilities or mental illness under the care of the alleged offender appear to be at risk of maltreatment by the alleged offender.
The investigative agency supervisor and Area Director (as applicable) may consult with OPLS as necessary, prior to making a determination as to whether children, the elderly, or individuals with disabilities or mental illness appear to be at risk. If the investigative agency determines children, the elderly, or individuals with disabilities or mental illness under the care of the alleged offender are at risk of maltreatment by the alleged offender, then the investigative agency may notify the people and/or entities listed below of the hotline report if the DCFS Director or designee approves the at risk determination and gives written approval to the investigative agency to provide notifications of the at risk determination to:
See Procedure XIV-A2 for number of notification form and other specific instructions regarding providing at risk notifications to the persons and/or entities listed above.
The "at risk" determination will be changed immediately if, upon further investigation, it is determined the children under the care of the alleged offender are not at risk. See Procedure XIV-A3 for more information.
OVERALL INVESTIGATION GOALS
During the investigation of an allegation of child maltreatment, and if the alleged offender is a family member,
or lives in the home of the alleged victim, the assigned investigative agency will conduct an investigation to
determine:
If the alleged offender is not a family member or does not live in the home of the alleged victim, the assigned investigative agency will conduct an investigation to determine:
In addition to the other information described in this section (i.e., Overall Investigation Goals), the assigned investigative agency will also attempt to determine:
Ultimately, the information described above that is collected during the fact-finding phase of the child maltreatment investigation allows the Division to determine:
If at any time before or during an investigation it is determined that the alleged offender is not a caretaker of a child and the alleged victim has reached 18 years of age prior to notification the child maltreatment investigation shall be closed, notwithstanding any criminal investigation.
REASONABLE EFFORTS TO PREVENT REMOVAL
Throughout the investigation the Division will ensure reasonable efforts are made to preserve the family and to prevent the need to remove the child from the home unless the health and safety of the child warrant immediate removal for the protection of the child. When the investigative agency's first contact with the family has occurred during an emergency in which the child could not safely remain at home, even with reasonable services being provided, the Division will be deemed to have made reasonable efforts to prevent or eliminate the need for removal.
INVESTIGATION COMPONENTS
The child maltreatment investigation will consist of, but is not limited to, interviews with appropriate parties (i.e., alleged victim, any siblings of the victim or other children under the of the alleged offender, the non-offending parent, the alleged offender, and collaterals as appropriate) and completion of the Health and Safety Assessment.
The Health and Safety Assessment is designed to:
If the alleged offender is identified as a parent or primary caregiver, the CFS-6025: Health and Safety Assessment should be completed based on the conditions present when the child and the parent or primary caregiver are together in the home. Children ages 0-6, children with developmental disabilities or children who have been repeatedly victimized shall be considered especially vulnerable.
Information to complete the Health and Safety Assessment will be gathered during the child maltreatment interviews. All interviews and the entirety of the Health and Safety Assessment must be completed by the investigator within 30 calendar days of the receipt of the child maltreatment report. The Health and Safety Assessment must be approved by the FSW Supervisor within 45 calendar days of the receipt of the child maltreatment report.
The Health and Safety Assessment is comprised of three sections:
The Health and Safety Assessment is comprised of three sections:
The Health and Safety Assessment cannot be closed until both the Health and Safety Checklist and Safety Planning screens are completed.
A description of each of the Health and Safety Assessment sections and their associated actions during an investigation follows:
Health and Safety Checklist
The Health and Safety Checklist contains the fourteen Arkansas Health and Safety Factors (hereinafter referred to as "safety factors"). Upon the investigation initiation, the primary investigative agency will assess whether or not any of the fourteen safety factors are present. The presence or absence of safety factors must be documented by the primary investigative agency in the Health and Safety Checklist screen in CHRIS within 48 hours of the investigation initiation, excluding weekends and holidays. Every subsequent contact with the family should also include an assessment for any safety factors; however, the Health and Safety Checklist is only completed again in the event that additional safety factors are identified and/or facts change.
If CACD is assigned primary on an investigation and identifies one or more of the safety factors, the CACD investigator will immediately contact DCFS to conduct the remaining components of the Health and Safety Assessment (Safety Planning and Investigation Risk Assessment) as appropriate. DCFS will then be assigned as the secondary investigator on that particular investigation.
If CACD is assigned primary on an investigation and does not identify any safety factors, the CACD investigator is responsible for completing the Investigation Risk Assessment if the allegation is found true and an in-home or out-of-home case will be opened.
If DCFS is assigned primary on an investigation, DCFS will complete all components of the Health and Safety Assessment as appropriate regardless of whether safety factors are identified. The identification of the presence or absence of safety factors is critical to safety planning.
Safety Planning
Safety planning requires specific actions to be taken to ensure a child's safety during the course of an investigation. If a safety factor is identified, there are only two basic alternatives to implement during the safety planning process:
The Safety Planning screen in CHRIS documents the actions taken to ensure a child's safety during the course of an investigation.
When any safety factors are present, a protection plan must be developed to address each identified safety factor if the child will remain in the home. A protection plan is a written plan developed by DCFS staff in conjunction with the family to address identified safety factors. This documentation describing the actual use or consideration of using protecting interventions establishes reasonable efforts to prevent removal of the child from the home.
The protection plan must be developed and receive DCFS supervisory approval prior to DCFS staff leaving the home. The protection plan serves as a written agreement between the Division and the family. As such, a copy of the plan will be provided to the caregiver and to other members participating in the plan prior to the investigator leaving the home.
If an emergency order of less than custody (see below for more information regarding orders of less than custody) is not obtained from the court, a protection plan may never:
Possible Protection Plan Actions:
Depending on the dynamics of a particular investigation and the family involved, the following orders,
among many other actions, may be a part of a protection plan as appropriate:
If there are concerns about the alleged offender's access to the child and there is no reason to suspect that the non-offending custodian will allow the alleged offender access to the child, then DCFS is encouraged to obtain an "Order of Less than Custody" filed with the court so as to legally restrict the alleged offender from contact with the child while allowing the child to remain in the home as part of the protection plan.
In addition to the situation above in which the non-offending custodian is the legal custodian of the child and wants to restrict the alleged offender's access to the child, orders of less than custody may also be applicable to situations in which:
To obtain an order of less than custody, the FSW may contact OPLS immediately to request OPLS to file a petition for an "order of less than custody." While the child may remain in the home under the conditions described above, an order of less than custody is still a dependency-neglect petition. It is not necessary for the alleged offender to have legal right to custody or visitation with the child or to have property rights allowing access to the home where the juvenile resides or to be a juvenile in order to petition the court for an order of less than custody.
The Division shall thoroughly assess for safety factors (to be documented in the Health and Safety Checklist) to ensure that a protection plan is in place for a child before leaving that child in a home where DCFS has petitioned the court for an order of less than custody.
Any adult family/household member may file a petition for an order of protection on behalf of another family or household member, including a married minor. An employee or volunteer of a domestic violence shelter or program may file a petition on behalf of a minor, including a married minor. The Division will thoroughly review the Health and Safety Assessment to ensure that a protection plan is in place for a child before leaving that child in a home where an order of protection has been filed.
An order of protection issued by a court of competent jurisdiction in any county of this state is enforceable in every county of this state by any court or law enforcement officer. An order of protection issued by a court of another state, federally recognized Indian tribe, or a territory shall be afforded full faith and credit by the courts of Arkansas and shall be enforced by law enforcement as if it were issued in Arkansas.
Regardless of the actions included in a protection plan, protection planning is a process that occurs with the family and may include the family's selected support network. However, protection planning is ultimately the responsibility of DCFS and cannot be delegated to the family, supports, or treatment providers. Protection planning and oversight on the part of the Division continues throughout involvement with the family as long as safety factors are present. The plan must be sufficient to manage and control safety factors based on a high degree of confidence that it can be implemented, sustained, and closely monitored by DCFS. The Division will assure that the roles and responsibilities of the protection plan are clearly described to and discussed with the person providing those services.
If a protection plan is developed, it must be documented in the Safety Planning screen in CHRIS within 48 hours of the investigation initiation, excluding weekends and holidays.
If a reasonable protection plan cannot be developed, then the child must be removed and placed in an approved placement (see below for more information regarding protective custody). Removal must also be documented in the Safety Planning screen in CHRIS within 48 hours, excluding weekends and holidays, of the act of removal of the child.
If any other actions were taken or services put in place to ensure safety of the child victim or other children in the home, then these activities must also be documented in the Safety Planning screen in CHRIS within 48 hours of the investigation initiation, excluding weekends and holidays.
If there are risk factors and/or evidence that maltreatment has occurred, but no safety factors are present, then neither a protection plan nor removal of the child is necessary at that point in time. When no safety factors are present, per A.C.A. § 12-18-1009, the parents retain the right to keep the child at home or to place the child outside the home. However, as appropriate, the FSW investigator may make referrals or provide services during the course of the child maltreatment investigation to address any risk factors. All referrals made and/or services provided during the course of the child maltreatment investigation shall be documented in the Service Log and contact screen in CHRIS.
Investigation Risk Assessment
The Investigation Risk Assessment (CFS-6026: Investigation Risk Assessment in CHRIS) is designed to:
The CFS-6026: Investigation Risk Assessment will be completed on all cases with a child maltreatment determination of "True." As such, the Investigation Risk Assessment must be completed by the investigator within 30 calendar days of receipt of the hotline report and must receive supervisory approval within 45 calendar days of receipt of the hotline report.
Levels of risk are classified as intensive, high, moderate, and low. The higher the score, the higher the risk of future harm. The level of risk determined during the Investigation Risk Assessment will be considered the baseline level of risk for any subsequent case that is opened, if applicable.
Overrides to Risk Levels have been established to assist the FSW in ensuring that the level of risk for a case accurately reflects the risk level for the children. A supervisor is allowed to make discretionary policy overrides when a unique circumstance warrants a higher risk level than assigned by the risk level chart.
The discretionary Risk Level Override options are listed below and require the supervisor to upgrade the risk level to Intensive at the initial investigation, regardless of the risk scale score.
Risk Level Overrides must be reassessed when the case plan is updated.
PROTECTIVE CUSTODY
If at any point in time during the investigation the health and physical well-being of a child are in immediate danger and the Division must take custody of the child to ensure his or her health and safety, the child shall be placed in an appropriate licensed or approved placement. This may include an identified relative or fictive kin home if it is in the best interest of the child and all criteria for opening a provisional foster home and placing the specific child for whom the provisional foster home was opened have been met (see Policy VI-B: Consideration of Relatives and Fictive Kin for Children in Foster Care and Policy VII: Development of Foster Homes for more information).
The Division may file a motion to transfer any other prior or subsequent legal proceeding concerning the juvenile (e.g., if a relative of the child taken into custody attempts to obtain guardianship or custody of the juvenile) to the court that is hearing the dependency-neglect petition if the Division:
RIGHTS OF INVESTIGATOR
The investigator has the right to obtain a criminal background check, including a fingerprint-based check in any national crime database, on any subject of the report. The results of the criminal background check will not be disclosed outside of the Department except as permitted under A.C.A. § 12-18-612.
In accordance with A.C.A. § 12-18-613, on request by the investigating agency, any school, child care center, child care facility, residential facility, residential treatment facility, or similar institution shall provide the investigator with the name, date of birth, Social Security number, and last known address and phone number of any alleged offender if the alleged maltreatment occurred at that school, center, or facility. Any school, child care facility, residential facility, or similar institution shall also provide the person conducting the investigation with the name and address of any witness to the alleged child maltreatment if the alleged child maltreatment occurred at that school, center, or facility.
The FSW or CACD investigator conducting the child maltreatment investigation also has the right to enter into the home, school, or other place for the purpose of conducting an interview or completing the investigation. The investigator also has the right to request accompaniment by a law enforcement agent while conducting the investigation. If the investigator is denied access into the home, school, or other place for investigative purposes, then the investigator must prepare an affidavit to submit to OPLS in order to request an Order of Investigation. If the investigator is denied access into the home, school, or other place and has reason to believe a child's health or safety are in immediate danger, the investigator will call local law enforcement immediately (if not already accompanied by LLE) in order to help gain access into the home.
No publicly supported school, facility, or institution may deny access to any person conducting a child maltreatment investigation. DCFS, CACD, and law enforcement shall be allowed access to the child's public and private school records during the course of the child maltreatment investigation. School district staff shall not provide notification if a request is made to interview a student during the course of an investigation of suspected child maltreatment and a parent, guardian, custodian, or person standing in place of a child's parent is named as an alleged offender and the interviewer requests that the school personnel does not make said notification.
Per A.C.A. § 12-18-604, DHS may petition a circuit court to allow an investigator to access the controlled substance database if the investigator demonstrates probable cause that the alleged offender has one or more prescription drugs, and the baby or the alleged offender tested positive for prescription drugs at the time of the birth of the baby.
The investigator will have the discretion, in the child's best interest, to limit the persons allowed to be present when a child is being interviewed concerning an allegation of child maltreatment. The investigator will determine when a child or any other children residing in the home should be referred to a physician, psychologist, or psychiatrist for a medical or psychological examination. While DCFS staff may conduct drug screens on teenagers when necessary, all children younger than 13 should be referred to a physician or medical facility for drug screening if needed.
DCFS will fully cooperate and participate in multidisciplinary child maltreatment response teams. All information except the name of the reporter may be disclosed to the teams.
INTERPRETER SERVICES
At any point during the course of a child maltreatment investigation, when the person being interviewed cannot clearly communicate in English, the investigator shall arrange for an interpreter before continuing the interview. The interpreter must be trained and appropriately certified to translate the specific language needed.
If at any point during the course of a child maltreatment investigation, the investigator cannot determine whether the person being interviewed can clearly and effectively communicate in English, the interviewer shall end the interview. The interview shall recommence when a determination is made that the person can or cannot clearly communicate in English, and when necessary, a translator certified to translate the specific language has been obtained to facilitate clear communication. Family members should never serve as interpreters for an investigator conducting an interview.
If any delay in obtaining investigation or investigative information from having to make a determination about language and clear communication results in or creates a situation in which the alleged victim child's health or physical well-being will be put in immediate danger, the child will be placed in 72-hour protective custody.
INVESTIGATION COMPLETION TIMEFRAMES AND EXTENSIONS
Regardless of whether the child maltreatment investigation is conducted by DCFS, CACD, or local law
enforcement, the supervisor approved investigative determination shall be made within 45 calendar days.
The Area Director or designee may request an extension of an additional 15 calendar days (for a total investigative timeframe of 60 calendar days) to complete the investigation and make a determination if good cause for the requested extension is shown. Circumstances that meet the definition of good cause, as it pertains to requesting and granting a 15 day extension to make an investigative determination, include but are not limited to:
Documentation supporting the request for the extension must be submitted with the request.
All extension requests must be submitted to and approved by the Assistant Director of Community Services or designee.
INVESTIGATIVE DETERMINATIONS AND RESULTING REFERRALS AND CASE OPENINGS
Within the appropriate timeframes outlined above, a child maltreatment investigation will be determined to be:
The criteria for each of these determinations are as follows:
Unsubstantiated Determination
A child maltreatment investigation will be determined unsubstantiated in the event that:
True Determination
A child maltreatment investigation will be determined true in the event of:
the caretaker and to conduct an investigation of the family for the purposes of determining appropriate service delivery; E. Any other medical or legal form of confirmation deemed valid by the Division.
If a report is determined to be true, the names and conditions of any minor children of the alleged offender, and whether these children have been maltreated, or are at risk of maltreatment, will be determined. If the report is determined to be true, and is a report of sexual intercourse, deviate sexual activity, or sexual contact, an investigation of any other children previously or currently under care of the alleged offender, to the extent practical, and whether these children have been maltreated, or are at risk of maltreatment, will be determined. The worker conducting the investigation shall also seek to ascertain all other relevant data.
If a report is determined to be true and involves any children under the age of three, those children must be referred to the Division of Developmental Disabilities Children's Services for an early intervention screening per the Child Abuse and Prevention Treatment Act (CAPTA) if the children were not already referred during the course of the investigation (see Policy II-I: Early Intervention Referrals and Services and related procedures for more information).
If a report of sexual abuse is determined to be true and the alleged offender is under the age of 18 at the time the act or omission occurred, the parents or legal guardians of the alleged juvenile or underaged juvenile offender and victim shall be provided with a list of mental health professionals or agencies available to evaluate and treat the alleged juvenile offender or underaged juvenile offender and victim, if necessary. Providing this information does not necessarily require the Division to pay for the mental health evaluation and/or any subsequent mental health treatment or services.
True but Exempt Determination
The following types of cases may be found true but exempt from placement on the Child Maltreatment Central
Regi stry. The Division may open a protective services case for any investigative determination of true but
exempt.
Garrett's Law Exemptions
A child maltreatment investigation that documents the presence of an illegal substance in either the bodily fluids or bodily substances in the mother or child at the time of birth resulting from the mother knowingly using any illegal substance (i.e., Garrett's Law case) will be found true but exempt and will not be placed on the child maltreatment registry. A protective services case shall be opened to establish a plan of safe care.
If the FSW determines on an individual basis the child's health or physical well-being is in immediate danger, he or she should take the newborn into protective custody. The FSW must also assess any siblings of the newborn or other children under the care of the alleged offender. If it is determined that there is an immediate danger to the siblings' (or any other children under the care of the alleged offender) health or physical well-being, then they must also be brought into emergency 72 hour protective custody.
"Acceptable" reporters include any one of the following mandated reporters, who have reasonable cause to suspect that a newborn has been subjected to an illegal substance before birth or the mother had an illegal substance in her bodily fluids or bodily substances at the time of the birth:
* licensed nurse;
* osteopath;
* physician;
* medical resident or intern;
* surgeon;
* hospital social worker;
* or, any medical personnel who may be engaged in the admission, examination, care or
treatment of persons in hospitals or similar medical settings.
During the course of an investigation, or when DCFS has custody, if the mother or newborn has tested positive for the presence of an illegal substance in the bodily fluids or bodily substances, and the mother indicates that she wants to place the newborn for adoption through a private agency or private entity, the Family Service Worker must contact OPLS immediately. If the infant is placed with a private adoption agency, then do not open a Protective Services case.
Religious Belief Exemptions
A child maltreatment investigation will be determined to be true but exempt due to religious beliefs exemption in the event that the Family Service Worker determines that the parent's decision to withhold medical treatment was based solely upon a religious belief, choosing instead to furnish the child with prayer and spiritual treatment in accordance with a recognized religious method of healing by an accredited practitioner.
A Family Service Worker will place a child whose health or physical well-being is in immediate danger in a safe environment in DHS custody regardless of the beliefs of the parents. The religious exemption does not preclude the FSW's right and responsibility to take appropriate action, including petitions to the court, to obtain necessary medical services.
Underaged Juvenile Offender Exemptions
A child maltreatment investigation will have an individual finding of true but exempt for underaged juvenile
offenders if there is an overall true finding of sexual abuse by a child under the age of 14 to another child.
Inactive Determination
Per A.C.A. § 12-18-619, a Child Maltreatment Investigation will be determined inactive if at any time before or during the investigation the Department is unable to locate or identify the alleged offender because the alleged child maltreatment occurred:
Failure to complete the investigation within the required 45 days is NOT a reason to place a case on inactive status. The report MUST document why the investigation could not be completed. A case will remain on inactive status for one year, at which time it will be expunged.
INVESTIGATIVE DETERMINATION NOTICES
The Division of Children and Family Services will issue notices regarding the child maltreatment investigative determination whether true or unsubstantiated to all persons pursuant to Ark. Code Ann. 12-18-703 et seq. The Division will issue notices in such a way as to ensure the rights to due process of the alleged offender and to protect others who may be at risk of harm from the alleged offender (See Policy XIV-A: Notices Regarding Child Maltreatment and related procedures for more information and specific instructions).
IV. ASSESSMENT OF FAMILY STRENGTHS AND NEEDS TO DEVELOP INDIVIDUALIZED CASE PLANS POLICY IV-A: FAMILY ASSESSMENTS
02/2015
OVERVIEW
The assessment of a family's strengths and needs is the basis for developing individualized goals and identifying services and supports to meet the family's needs. The family shall be a primary source of information for the assessment with emphasis on the partnership with the family and a holistic view of their circumstances. Other agencies or individuals with knowledge of the family's circumstances will also be consulted as appropriate.
Family assessment is an approach to engaging families while also collecting and organizing information at critical decision points in every case. A thorough assessment of family functioning includes evaluating risk and/or safety factors that are barriers to family functioning as well as protective factors that may mitigate risks and/or safety factors.
ASSESSMENT TOOLS USED FOR IN-HOME AND OUT-OF-HOME SERVICES CASES
The Family Advocacy and Support Tool (FAST) is the family assessment instrument used for all in-home services cases (to include supportive services cases, see Policy II-A: Supportive Services for more information, but excluding Differential Response cases). The Child and Adolescent Strengths and Needs (CANS) tool is the family assessment instrument used for all out-of-home placement cases. The 0-4 CANS will be used for all children from birth through age four involved in an out-of-home placement while the 5+ CANS will be used for all children ages five and older involved in an out-of-home services case The only reason for which both a FAST and CANS will be completed with the same family is if there is still a child left in the home while another child is removed from the home.
The FAST and CANS are multiple purpose information integration tools that are designed to be the output of the assessment process. This allows the Division to more consistently communicate the needs and strengths of children and their caregivers involved with in-home and out-of-home services cases, respectively. The use of the FAST or CANS does not replace professional judgment. As such, while the FAST and CANS will help inform the in-home services and out-of-home placement case plans, respectively, the completion of a FAST or CANS does not write the case plan.
During the completion of both the FAST and the CANS, the FSW will ensure family involvement and receive input from parents, caregivers, children, service providers, and extended family members. Just as each child is rated individually using the FAST or CANS, as appropriate, each of the child's primary caregivers will be rated as individuals (i.e., If a child has two or more primary caregivers in the home such as a mother, stepfather, and maternal grandmother, all three of these primary caregivers in the home will be rated individually. Likewise, if a child has two primary caregivers who live in different homes such as a mother and father who are divorced, then both of these primary caregivers will be rated as individuals). Caregivers and other parties to the case will receive a copy of the FAST and/or CANS output document. Anyone else involved in the development of the FAST and/or the CANS may receive the FAST and/or CANS output document, as applicable, upon request within the parameters of A.C.A. 9-28-407 (see Policy I-F: Confidentiality for more information).
For in-home services cases the FAST will be completed within 30 days of case opening and every three months thereafter to correspond with required case staffings and prior to case closure. The FAST may be updated more frequently as needed. With each FAST update, the case plan will also be updated accordingly.
The CANS will be completed within 30 days of the child entering out-of-home placement or 30 days of case opening, whichever occurs first. Subsequent CANS will be every three months thereafter and prior to case closure. The CANS may be updated more frequently as needed. With each CANS update, the case plan will also
be updated accordingly. If a four-year-old child will turn five years of age by the time the next CANS is due, either the 0-4 CANS or the 5+ CANS may be used for the child at that point in time.
An individual performing the family assessment will be trained and certified in the use of FAST and CANS. FAST and CANS re-certification must be completed on an annual basis.
PROCEDURE IV-A1: Family Assessments Using the FAST and CANS
02/2015
The Family Service Worker will:
The FSW Supervisor will:
POLICY IV-B: SERVICES CASE PLAN
02/2015
The case plan is a written document that is a discrete part of the case record between the family and the Division of Children and Family Services that outlines a plan of services and supports and articulates needed changes in order to assure the child's safety. The case plan addresses the family's needs, builds on the family's strengths, outlines the roles and responsibilities of all involved parties, and provides appropriate timeframes in which each action listed on the case plan will be completed. The ultimate goal of the case plan is to assist the family in rectifying the issues that resulted in DCFS involvement.
Case plans will be developed after a thorough assessment of a family's strengths and needs. The strengths and needs identified via the Family Advocacy and Support Tool (FAST) will inform the development of the case plan for supportive and in-home services case plans. The strengths and needs identified via the Child and Adolescent Needs and Strengths (CANS) functional assessment will inform the development of the case plan for out-of-home cases. Using the information from the FAST or CANS, as applicable, to help identify priority needs and strengths, the case plan will then be developed with the involvement of family, the age-appropriate children, the foster parents (if applicable) and the attorney ad litem (if there is court involvement), the Family Service Worker, and any other involved parties. The case plan will be updated as necessary following updates to the FAST and/or CANS.
Consideration of the health and safety of a child must be included in case planning for children involved in all case types.
No child in an out-of-home placement will have a case plan goal of reunification for longer than 12 months, unless otherwise ordered by the court.
PROCEDURE IV-B1: Case Plan
02/2015
The Family Service Worker will:
including supportive services and in-home services cases-and will include the following:
At a minimum, documentation shall include child specific recruitment efforts such as the use of state, regional, and national adoption exchanges including electronic exchange systems. This applies in the case of a child for whom the permanency plan is adoption or placement in another permanent home.
or the child was first placed out-of-home, whichever is sooner.
cases and out-of-home placement cases.
Case Plan Packet for Court Involved Cases Includes:
Case Plan Packet for Non Court Involved Case Plans:
The FSW Supervisor will:
POLICY IV-C: CASE STAFFINGS
02/2015
A case staffing is a meeting of all involved parties for the purpose of assessing the current status of the child and family strengths and needs and developing or updating the case plan accordingly. Case staffings will address all appropriate issues relevant to the needs and strengths of the family. A case staffing may be held for various reasons based on the needs of the child and family. Situations which require a staffing include but are not limited to:
PROCEDURE IV-C1: Case Staffings
02/2015
The Family Service Worker will:
The FSW Supervisor will:
The Area Director will:
Some persons will attend the entire staffing, while others will attend only the portion of the staffing relating to the area in which they are involved. Confidentiality prevents sharing information with unauthorized individuals.
PROCEDURE III-A2: Out-of-Home Placement Services Case Opening
02/2015
The Family Service Worker will:
If the child remains in foster care, the FSW who is his or her primary or secondary case worker should retake the photograph on an annual basis within 10 working days prior to the date the child entered foster care. Each time a new photograph is taken, update the electronic version in the CHRIS system and the hard copy in the case record.
The photograph may be:
As with other electronic equipment that contains sensitive client information, precautions should always be taken to protect confidentiality and the images of all children being served by DCFS.
A DHS 5008 must be completed for the camera and the camera must be enabled for read-only connection to the computer.
Effective November 1, 2008, for each child already placed in care, but lacking a photograph, the FSW who is his or her primary or secondary case worker should take his or her photograph at the next visit between the FSW and the child and follow the procedures and specifications listed above.
If the FSW has been notified that the CHRIS system will be down, and he or she cannot transmit the Initial Medicaid Application within the one-day time frame, only then will he or she complete and fax a paper copy of the CFS-487: Application for title IV-E Payments/Medicaid to the Eligibility Unit.
PROCEDURE VI-B1: Provisional Foster Home Placement for Children in Foster Care
02/2015
The Family Service Worker will:
Adolescent Needs and Strengths (CANS) Assessment and case plan. L. Invite the Adoption Specialist to the staffing when appropriate. M. Conduct a staffing to discuss closure when appropriate.
The Resource Worker will:
Placement (No Board) Service, and Foster Family Home Service. The Provisional (Fictive Kin) Placement (No Board) Service must be quickly approved (once the necessary requirements are received), while the Foster Family Home Service has Applicant Status awaiting compliance (all required checks, certifications and training) for approval. In CHRIS, the fictive kin will have only one Provider Number showing two services provided by the family. Provisional (Fictive Kin) will mirror the same Board Rate as Provisional (Relative) which carries the payment scale status of "None."
The FSW Supervisor will:
The Resource Worker Supervisor will:
PROCEDURE VI-B2: Relative and Fictive Kin Custody for Children in Foster Care
08/2013
The Family Service Worker will:
During the staffing these individuals will determine the permanency goal for the child: reunification,
adoption, guardianship, permanent custody with the relative, or APPLA. J. Complete or update the FAST within 30 days of opening the protective services case and submit to the
FSW Supervisor for review and approval. K. Develop or update the CFS-6010: Case Plan within 30 days of opening the protective services case and submit to the FSW Supervisor for review and approval. L. Complete the CFS-6024: Permanency Planning Hearing Court Report and submit to the FSW Supervisor for review and approval. M. After receiving approval from the FSW Supervisor for the CFS-6024: Permanency Planning Hearing Court
Report, submit to the OPLS attorney within 14 days prior to any Permanency Planning Hearing scheduled for the case. N. Submit the CFS-6024: Permanency Planning Hearing Court Report to OPLS, CASA and all parties no later than 14 days before the scheduled Permanency Planning Hearing. O. Hold staffings, as needed, in accordance with Procedure IV-C1: Case Staffings and update the FAST. P. Invite the Adoption Specialist to the staffing when appropriate. Q. Conduct a staffing to discuss closure when appropriate.
The FSW Supervisor will:
The Adoption Specialist will:
PROCEDURE VII-J4: Response to True Finding Upheld on Administrative Appeal, Priority I and II
02/2015
If the true finding is upheld by the administrative hearing, the foster home may remain open for any of the children currently in placement in the home if it can be shown that it is in the best interest of the child(ren) to remain in the home. This should be done on an individual basis for each child.
The FSW will:
The Area Director will:
The Assistant Director of Community Services will:
The Division Director will:
The PRLU Manager or designee will:
The Resource Worker will:
PROCEDURE II-D6: Referrals on Children Born with Fetal Alcohol Spectrum Disorder
02/2015
The Child Abuse Hotline Worker will:
The FASD FSW or designee will:
The FSW Supervisor will:
The local Family Service Worker will:
02/2015
When children under the age of three are involved in a substantiated case of child maltreatment, but a case is not opened, the investigator will:
When children under the age of three are involved in a substantiated case of child maltreatment and a protective services or foster care case is subsequently opened, the FSW caseworker (either protective services or foster care, as applicable) will:
The Investigative and FSW Supervisors will:
Upon referral, the DDS Service Coordinator should:
APPENDIX 1: GLOSSARY
02/2015
ABANDONED INFANT -- A juvenile less than nine months of age and whose parent, guardian or custodian left the child alone or in the possession of another person without identifying information or with an expression of intent by words, actions or omissions not to return for the infant.
ABANDONMENT-- Failure of the parent to provide reasonable support for a juvenile and to maintain regular contact with the juvenile through statement or contact when this failure is accompanied by an intention on the part of the parent to permit the condition to continue for an indefinite period in the future, or when the failure of a parent to support or maintain regular contact with the juvenile is without just cause, or when there is an articulated intent to forego parental responsibility. Abandonment does not include acts or omissions of a parent toward a married minor.
ABUSE -- Any of the following acts or omissions by a parent, guardian, custodian, foster parent, person 18 years of age or older living in the home with a child whether related or unrelated to the child, or any person who is entrusted with the juvenile's care by a parent, guardian, custodian, 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, a significant other of the child's parent, or any person legally responsible for the juvenile's welfare, but excluding the spouse of a minor:
NOTE: The prior list of unreasonable actions are considered illustrative and not exclusive.
AGGRAVATED CIRCUMSTANCES-Aggravated circumstances exist when a child has been abandoned, chronically abused, subjected to extreme or repeated cruelty, sexually abused, sexually exploited, or a determination has been or is made by a judge that there is little likelihood that services to the family will result in successful reunification; or a child has been removed from the custody of the parent or guardian and placed in foster care or in the custody of another person three or more times in the last 15 months; or, a child or a sibling has been neglected or abused such that the abuse could endanger the life of the child.
ALTERNATIVE COMPLIANCE - a request for approval from the Child Welfare Agency Review Board to allow a licensee to deviate from the letter of a regulation. The licensee must demonstrate substantial compliance with the intent of the regulation. This includes, but is not limited to, regulations that govern background checks and convictions for prohibited offenses.
CARETAKER - A parent, guardian, custodian, foster parent, or any person 14 years of age or older who is entrusted with a child's care by a parent, guardian, custodian, 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 for a child's welfare.
CHILD - A person who is from birth to the age of 18.
CHILD (FOR TITLE IV-E PURPOSES) -
CHILD ABUSE HOTLINE - The Child Abuse Hotline is maintained by the State Police Crimes Against Families Division, for the purpose of receiving and recording notification made pursuant to the "Child Maltreatment
Reporting Act". The Child Abuse Hotline is staffed 24 hours per day and has statewide accessibility through a toll-free telephone number.
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.
CHILD MALTREATMENT - Physical abuse, sexual abuse, emotional abuse, neglect, sexual exploitation or abandonment of a child.
CHILD MALTREATMENT INVESTIGATION -- A fact finding assessment that occurs when an allegation of child maltreatment is received. Completion is reached when a determination is made concerning the allegations.
COURT-APPOINTED SPECIAL ADVOCATE (CASA) - Volunteer appointed by the court to advocate for the best interest of juveniles in dependency-neglect proceedings.
CUSTODIAN - A person (not a parent or legal guardian) who stands in loco parentis to the child OR an agency or institution given custody of a child through a court order.
DELINQUENT JUVENILE - Any juvenile:
DEPENDENT JUVENILES - Includes a child:
DEPENDENT-NEGLECTED JUVENILE - Any juvenile who is at substantial risk of harm as a result of the following acts or omissions to the juvenile, a sibling, or another juvenile:
DEVIATE SEXUAL ACTIVITY -- Any act of sexual gratification involving:
DOMESTIC ABUSE -- Physical harm, bodily injury, assault or the infliction of fear of imminent physical harm, bodily injury or assault between family or household members; OR any sexual conduct between family or household members, whether minors or adults, which constitutes a crime under the laws of this state. "Family or household member" means spouses, former spouses, parents and children, persons related by blood within the fourth degree of consanguinity, any child residing in the household, persons who are presently or in the past resided or cohabited together and persons who have or have had a child in common.
EXEMPTED FROM TRUE DUE TO RELIGIOUS EXEMPTION -- Determination will be entered when the parent's decision to withhold medical treatment is based solely upon a religious belief, and the child is furnished with treatment by spiritual means alone, through prayer, in accordance with a recognized religious method of healing by an accredited practitioner. Such prohibition shall not limit the administrative or judicial authority of the State to ensure that medical services are provided to the child when the child's health requires it.
FAMILY -- A spouse, parent, child, sibling, or a person related by consanguinity to another person.
FAMILY IN NEED OF SERVICES (FINS) - Any family whose juvenile evidences behavior which includes, but is not limited to, the following:
.
FAST TRACK -- Fast track implies that reunification services will not be provided or will be terminated before 12 months of services.
FEDERAL ADOPTION SUBSIDY IV-E -- Payments for a child who is categorized as IV-E (TEA/TANF, SSI-AB or SSI-AD) at the time of placement for adoption by the Division and who meets other defined special needs characteristics if it has been documented that a reasonable effort has been made to place the child without the benefit of subsidy.
FICTIVE KIN - Persons not related by blood or marriage but who have a strong, positive emotional tie to the child, and have a positive role in the child's life such as, godparents, neighbors, or family friends
FORCIBLE COMPULSION - Any act of physical force or intimidation, or any threat, express or implied, of death, physical injury, rape, sexual abuse or kidnapping of anyone committed against that person's will. The age, developmental stage and stature of the victim and the relationship of the victim to the assailant, as well as the threat of deprivation of affection, rights and privileges from the victim by the assailant, shall be considered in weighing the sufficiency of the evidence to prove compulsion.
GUARDIAN -- Any person, agency or institution so appointed by a court.
HOLISTIC -- View of the family and accompanying circumstances that take into consideration the entire family. This view includes the psychological, sociological, physical, and environmental factors which influence the functioning of the family.
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 Vehicle Safety Check on all applicable household members, a Child Maltreatment Central Registry Check on all members of the household age 14 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 and one-half years or older, excluding children in foster care.
HOUSEHOLD MEMBER -- A resident of the home who:
Any household member who resides in the home for more than 3 cumulative months in a calendar year (e.g. an adult biological child of the foster parents who is home for the summer and holiday breaks or a relative who visits for 6 weeks twice a year) must clear the following background checks: Arkansas Child Maltreatment Central Registry, Arkansas Adult Maltreatment Central Registry, Arkansas State Police Criminal Record Check, and FBI Criminal Background Check.
ICPC -- The Interstate Compact on the Placement of Children is a legislative-enacted agreement currently entered into by all 50 states. It is used to move children in need of placement, treatment or adoption across state lines.
INACTIVE -- The child maltreatment assessment cannot be completed.
INDECENT EXPOSURE -- Exposure by a person of the person's sexual organs for the purpose of arousing or gratifying the sexual desire of the person, or of any other person under circumstances in which the person knows the conduct is likely to cause affront or alarm.
INDEPENDENCE - a permanency planning hearing disposition known as Another Planned Permanent Living Arrangement (APPLA) for the juvenile who will not be reunited with his or her family and because another permanent plan is not in the juvenile's best interest.
JUVENILE -- A person who is between birth and age 18.
LAW ENFORCEMENT AGENCY -- Any police force or organization whose primary responsibility as established by law or ordinance is the enforcement of laws of this state and is staffed 24 hours a day.
MAINTENANCE SUBSIDY -- Established monthly payment to cover the costs of maintaining and providing for the basic needs of the child in an adoptive placement on a regular basis. The payment is not to exceed the child's foster care board rate which is in effect at the time the adoption subsidy is approved. The amount may increase in subsequent approvals depending on the child's age.
MANDATED REPORTER -- Individuals identified in the "Child Maltreatment Reporting Act" who must immediately notify the Child Abuse Hotline or law enforcement if they have reasonable cause to suspect that a child has been subjected to or died from child maltreatment, or who observe the child being subjected to conditions or circumstances which would reasonably result in child maltreatment. These individuals include:
AR State Police Crimes Against Children Division (CACD) Employee
Attorney ad litem in the course of his or her duties as an attorney ad litem
Child abuse advocate or volunteer
Child advocacy center employee
Child Care center worker
Child Care worker
Child safety center employee
Clergyman*
Coroner
Court Appointed Special Advocate (CASA) program staff or volunteer
Dental hygienist
Dentist
Department of Human Services employee
Domestic abuse advocate
Domestic violence shelter employee
Domestic violence volunteer
Employee of a reproductive health care facility
Employee working under contract for the Division of Juvenile Services
Foster care worker
Foster parent
Judge
Juvenile intake or probation officer
Law enforcement official
Licensed nurse
Medical personnel who may be engaged in admission, examination, care, or treatment of persons
Mental health paraprofessional
Mental health professional
Osteopath
Peace officer
Physician
Prosecuting attorney
Rape crisis advocate or volunteer
Resident intern
School counselor
School official**
Sexual abuse advocate or volunteer
Social worker
Surgeon
Teacher
Victim assistance professional or volunteer
Victim/witness coordinator
Volunteer at a reproductive healthcare facility
*Clergyman includes a minister, a priest, rabbi, accredited Christian Science practitioner, or other similar functionary of a religious organization, or an individual reasonably believed to be so by the person consulting him, except to the extent he has acquired knowledge of suspected maltreatment through communications required to be kept confidential pursuant to the religious discipline of the relevant denomination or faith, or he received knowledge of the suspected maltreatment from the offender in the context of a statement of admission.
**"School Official" means any person authorized by a school to exercise administrative or supervisory authority over employees, students, or agents of the school. A volunteer exercising administrative or supervisory authority in a program conducted by a school is also considered a school official.
MEDICAL PROVIDER - Any emergency Department of a hospital licensed under § 20-9-214.
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:
NEWBORN - An infant who is 30 days of age or younger (Garrett's Law, A.C.A. § 9-9-702)
NON-ACCIDENTAL OR ABUSIVE HEAD TRAUMA - Form of inflicted head trauma that can be caused by direct blows to the head, dropping or throwing a child, or shaking a child. Shaken Baby Syndrome may be a component of non-accidental or accidental head trauma.
NON-RECURRING ADOPTION EXPENSE SUBSIDY -- Payment for non-recurring adoption expenses incurred in the adoption of a child with special needs and is limited to $1,500 per child. Payment will be made to or on behalf of parents who have adopted or have accepted placement for the purpose of adoption.
ORDER OF LESS THAN CUSTODY - A court order that DCFS may seek when there are protection issues regarding a child whose health or physical well-being is in immediate danger, but the Division does not want to seek custody.
OUT-OF-HOME PLACEMENT - Placement in a home or facility other than placement in a youth services center, a detention facility, or the home of a parent or guardian of the juvenile; or placement in the home of an individual other than a parent or guardian, not including any placement where the court has ordered that the placement be made permanent and ordered that no further reunification services or six-month reviews are required.
OUTPATIENT MENTAL HEALTH EMERGENCY - Defined by the Community Mental Health Center's actions and protocol, including, but not limited to, facilitation of admission to a hospital or other appropriate 24 hour treatment facility.
PARENT -- Biological mother, an adoptive parent, a man to whom the biological mother was married at the time of conception or birth, or has been found by a court of competent jurisdiction to be the biological father of the juvenile.
PERMANENT CUSTODY - Custody that is transferred to a person as a permanent disposition in a juvenile case and the case is closed.
POLICY WAIVER - a request to deviate from DCFS policy, procedures or standards. The DCFS Director approves all policy waiver requests.
PORNOGRAPHY -- Obscene or licentious material, including pictures, movies and videos. Applying contemporary community standards, the material will be considered pornographic if an average person would find that the material taken as a whole appeals to the prurient interest or if the material depicts in a patently offensive way sexual conduct. The material must lack serious literary, artistic, political or scientific value to be considered pornographic.
PREPONDERANCE OF THE EVIDENCE - Evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact to be proved is more probable than not.
PROTECTION PLAN - A written plan developed by the Division in conjunction with the family and support network to protect the juvenile from harm and which allows the juvenile to remain safely in the home.
PSYCHIATRIC CRISIS - Any condition requiring greater than routine services, but requiring less than hospitalization; a condition that is not homicidal or suicidal, or if it is, one that can be handled with a no-harm contract and/or a viable plan for safety.
PUTATIVE FATHER - A man who claims or is alleged to be the biological father of a juvenile, but has not been so deemed or adjudicated by a U.S. court.
REASONABLE EFFORTS - Efforts to
If continuation of reasonable efforts as listed above is determined to be inconsistent with the permanency plan for the child, reasonable efforts are made to place the child in a timely manner in accordance with the permanency plan including, if appropriate, through an interstate placement, and to complete whatever steps are necessary to finalize the permanent placement of the child. They also include efforts made to obtain permanency for a child who has been in an out-of-home placement for more than 12 months or for 15 of the last 22 months.
RECEIVING PARTY -- Local agency, office, facility, or individual who will be supervising a child placed into a state under the provisions of the ICPC.
RECEIVING STATE -- State to which a child is sent for supervision under the provisions of the ICPC.
RELATIVE (FOR PROVISIONAL FOSTER HOMES) - A person within the fifth degree of kinship by virtue of blood or adoption (A.C.A. 9-28-402(18) & the Child Welfare Licensing Act). The fifth degree is calculated according to the child.
RELATIVE (FOR NOTIFICATION PURPOSES ONLY) - A person within the third degree of kinship by virtue of blood or adoption.
ROOMER/BOARDER- A person to whom a household furnishes lodging, meals, or both, for a reasonable monthly payment; and is not a household member.
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.
SAFETY PLAN -- Court ordered plan developed for a moderate or high risk adjudicated delinquent sex offender -not to be confused with a plan put in place as part of a child maltreatment investigation to protect the child.
SCHOOL -- Any:
SENDING PARTY -- Local agency, office, facility, court or individual who has custody/jurisdiction of a child and has requested or arranged for an out-of-state placement the provisions of ICPC.
SEXUAL ABUSE - Any of the following acts committed:
SEXUAL CONTACT --Any act of sexual gratification involving the touching, directly or through clothing, of the sex organs, buttocks, or anus of a person or the breast of a female; the encouraging of a child to touch the offender in a sexual manner; or the offender requesting to touch a child in a sexual manner. Normal affectionate hugging is not construed as sexual contact.
SEXUAL EXPLOITATION -- Allowing, permitting, or encouraging participation or depiction of the juvenile in prostitution, obscene photographing, filming, or obscenely depicting a juvenile for any use or purpose.
SIGNIFICANT OTHER - A person with whom the parent shares a household or who has a relationship with the parent that results in the person acting in place of the parent with respect to the parent's child or children, regardless of living arrangements.
SPECIAL NEEDS CHILD -- A child who is free for adoption and belongs to a group of children for whom the Division does not have an adequate resource of approved applicants to provide a pool of available waiting adoptive families. Other children may be eligible for adoption assistance under this category if they have severe medical or psychological needs that require ongoing rehabilitation or treatment. These children include:
SPECIAL SUBSIDY-- A payment to provide for the costs of special services related to the child's needs which cannot be met by the adoptive parent. It may include, but not be limited to, legal/medical/psychological/therapy services and corrective appliances - not to include orthodontic corrective appliances.
STATE ADOPTION SUBSIDY-- Payments for a child who is not categorized as IV-E or SSI eligible at the time of placement for adoption by the Division. Such a child, who meets other defined special needs characteristics, may be eligible for subsidized adoption from state moneys if it has been documented that a reasonable effort has been made to place the child without the benefit of an adoption subsidy. A child must be in DHS custody to be eligible for a State funded subsidy.
STATE LEGAL SUBSIDY- OPLS legal services provided for children in DHS custody and non custody/out-of-home placement in order to finalize an adoption. A legal subsidy does notinclude the use of a private attorney. The children are eligible for a legal subsidy whether or not they meet the criteria for special needs and without regard to eligibility to IV-E, state maintenance subsidy, or non-recurring subsidy.
SUBJECT OF THE REPORT-- The alleged offender, the custodial and non-custodial parent, guardian and legal custodians of the child who are subject to suspected maltreatment, and the child who is the subject of suspected maltreatment.
SUPERVISION-- Involves periodic visitation to the home, school, or other places to monitor or observe a child's situation or condition. This service also may include arrangement and observation of visitation.
TEMPORARY CUSTODY -Custody that is transferred to a person during the pendency of the juvenile court case when services are being provided to achieve the goal of the case plan.
TEMPORARY PLACEMENT- Placement intended to be temporary (e.g., emergency shelter) until a stable placement can be located for the child in accordance with Division policy.
TRIAL PLACEMENT-- The custody of the child remains with DHS but the child is returned to the home of a parent or the person from whom custody was removed for a period not to exceed 60 days.
TRUE-- Determination when the allegation of child maltreatment is supported by a preponderance of the evidence.
UNDERAGED JUVENILE OFFENDER- Any child younger than 14 years of age for whom a report of sexual abuse has been determined to be true for sexual abuse to another child.
UNSUBSTANTIATED-- Determination when the allegation of child maltreatment is not supported by a preponderance of the evidence.
VOYEURISM-- Looking, for the purpose of sexual arousal or gratification, into a private location or place in which a child may reasonably be expected to be nude or partially nude.
APPENDIX 4: CASE RECORD ORDER (Out-Of-Home Placement Cases)
02/2015
The Family Service Worker shall maintain and organize the current case record on every child in foster care in his caseload. Policy I-E: Official Record Keeping & Access to Official Records, states that a hard copy file of case information will be maintained for data not in CHRIS. Hard copy files will be created, if necessary for case review. The following is the case record order to maintain files on information not in CHRIS. This case record order will also be used when hard copy files are created for case review.
Front Left Legal Section
6 Month Review Order
Adjudication Order
Emergency Order
Summons
Warning Orders
Order Terminating Parental Rights and Granting to DHS the Power to Consent to Adoption
Petitions
Affidavit CFS-411: Affidavit
Birth Certificate
Social Security Card SS-5
Photograph of Child
Order Terminating Parental Rights (if applicable), next to the top, then most current court order followed by all legal documents related to that order (i.e., petition, warning orders, summons, etc.). Other information behind this is filed in chronological order with the most current on top. Behind each court order, file all legal documents related to the order.
Front Right Case Plan, Staffings, and Progress Reports
CFS-6010: Case Plan
Treatment Plan - signed CFS-6010: Case Plan
Placement Plan - signed CFS-6008:
CFS-368: Child's Health History Services Plan/Medical Passport
Transitional Plan (if applicable)
Order: CFS-6010: Case Plan on top and applicable medical passport forms, and staffing reports filed in chronological order with the most current on top.
Center Left Child's Social Record and Narrative
CFS-6011: Court Report Home Studies
Order: File in chronological order with the most current on top.
Center Right Correspondence
CFS-590: Invitation to Family Centered Meeting
CFS-331: Change in Placement Review
Letters/Memos
Incident Reports (use IRIS link on DHS Share)
Order: Most current on top.
Back Left Medical and School Record
CFS-362: Medi-Alert to Foster Care Provider (Initial Placement)
CFS-368: Child Health Services Plan
CFS-366: Health Screening
CFS-352: Medical, Dental, Vision, Hearing and Psychological Episodic Form
CFS-353: Past Medical History Records Requested
DHS-81: Consent for Release of Information
School Records (Report Cards, IEP, etc.)
Psychological Evaluations
Order: Child' medical record on top; others intermixed with most current on top.
Note: Educational records and reports of each age appropriate child, not just those children with special educational needs, shall be filed in the child in foster care's case record. Reports and records include report cards, Individual Education Plan (IEP), etc.
Back Right Financial
.CFS-487: Application for title IV-E Payments/Medicaid (print from CHRIS screen)
DHS-91: Referral/Information Transmittal
Notification of Change (print from CHRIS screen)
DHS-1914: Requisition
CFS-334: Authorization for Billing (Only for payments from Child's Trust
Account)
CFS-322: Homemaker Referral
DHS-3300: Information/Referral
Order: Intermixed with most current on top.
