Arkansas Administrative Code
Agency 016 - DEPARTMENT OF HUMAN SERVICES
Division 15 - Children and Family Services
Rule 016.15.19-010 - Ensuring Child Safety and Confidentiality

A. To the Director of the Child Welfare Agency Review Board as required by rule;

B. For adoptive placements, as provided by the Revised Uniform Adoption Act, A.C.A. § 9-9-201 et seq.;

C. To multidisciplinary teams under A.C.A. § 12-18-106(a);

D. To the child's parent, guardian, or custodian.

E. To the child;

F. To health care providers to assist in the care and treatment of the child at the discretion of the licensee or state agency and if deemed to be in the best interest of the child.

G. To school personnel and child care centers caring for the child at the discretion of the licensee or state agency and if deemed to be in the best interest of the child;

H. To foster parents, the foster care record for children in foster care currently placed in their home.

I. To the Child Welfare Agency Review Board;

J. To the Division of Childhood and Early Childhood Education, including child welfare agency licensing specialists;

K. For any audit or similar activity conducted in connection with the administration of any such plan or program by any governmental agency which is authorized by law to conduct such audit or activity;

L. Upon presentation of an order of appointment, to a court-appointed special advocate;

M. To the attorney ad litem for the child;

N. For law enforcement or the prosecuting attorney upon request;

O. To circuit courts, as provided for in the Arkansas Juvenile Code of 1989, § 9-27-301 et seq.;

P. In a criminal or civil proceeding conducted in connection with the administration of any such plan or program;

Q. For purposes directly connected with the administration of any of the state plans as outlined;

R. For the administration of any other federal or federally assisted program which provides assistance, in cash or in kind, or services, directly to individuals on the basis of need;

S. To individual federal and state representatives and senators in their official capacity, and their staff members, with no re-disclosure of information.

T. To a grand jury or court, upon a finding that information in the record is necessary for the determination of an issue before the court or grand jury;

U. To a person, provider, or government entity identified by the licensee or the state agency as having services needed by the child or his/her family;

V. To volunteers authorized by the licensee or the state agency to provided support or services to the child or his/her family at the discretion of the licensee or the state agency and only to the extent information is needed to provide the support or services;

W. To a person, agency, or organization engaged in a bona fide research or evaluation project that is determined by the Division to have value for the evaluation or development of policies and programs within DCFS.

X. To a child fatality review panel as authorized by the Department of Human Services;

Y. To a Child Welfare Ombudsman.

Any data, records, or documents described above that are released to a law enforcement agency, the prosecuting attorney, or a court by the Department of Human Services are confidential and shall be sealed and not re-disclosed without a protective order to ensure that items of evidence for which there is a reasonable expectation of privacy are not distributed to persons or institutions without a legitimate interest in the evidence.

A. To the foster parents or adoptive parents;

B. For purposes of review or audit, by the appropriate federal or state agency;

C. Upon allegations of child maltreatment in the foster home or adoptive home, to the investigating agency;

D. To the Child Welfare Agency Review Board;

E. To the Division of Children and Family Services of the Department of Human Services and the Department of Education, including child welfare agency licensing specialists;

F. To law enforcement or the prosecuting attorney, upon request;

G. To a grand jury or court, upon a finding that information in the record is necessary for the determination of an issue before the court or grand jury;

H. To individual federal and state representatives and senators in their official capacity, and their staff members with no re-disclosure of information;

I. No disclosure shall be made to any committee or legislative body of any information that identifies by name or address any recipient of services;

J. To the attorney ad litem and court appointed special advocate, the home study on adoptive family selected by the Department to adopt the juvenile.

Any person or agency to whom disclosure is made shall not disclose to any other person reports or other information obtained. Any person disclosing information in violation of A.C.A. § 12-18-104 shall be guilty of a Class A misdemeanor. Nothing in this section shall be construed to prevent subsequent disclosure by the child or his/her parent or guardian.

The Family Service Worker may by law sign for releases of information for children in DHS custody.

The Family Service Worker must present a copy of the custody order to receive medical and school records. The CFS-4000 or DHS 81: Consent for Release of Information must be signed by the parent to receive copies of parent's records; however, the parent's signature is not necessary for obtaining records for the child.

An attorney ad litem shall be provided access to all records relevant to the child's case, including, but not limited to, school records, medical records, juvenile court records and Department of Human Services records to the extent permitted by federal law.

A. Assuring that no identifying or potentially harmful information on a child is released; and,

B. The consent shall be reviewed and approved by OCC.

Court orders that direct the release of specific information to specified offices, agencies or people will be construed as proper consent for release of information. No other consent is necessary. However, OCC will be informed whenever such a release of information is being made.

Children in foster care may appear in publications such as the school yearbook, school newspaper, youth group newsletter, and similar publications or platforms that would be considered normal and age-appropriate without a media release as long as they are not identified as being in foster care.

Requests for media releases that would not be considered normal and age appropriate includes requesting permission to release photographs, voice reproductions, slides, video tapes, movie films, promotional pamphlets, news releases, etc. The FSW will review the contents of such release along with OCC and make any necessary modifications. Consideration will be given to the protection of the child's identity and assurances that the contents of the material released will present the child in a light that would not be distasteful or negative to the child. The DCFS Director or designee will be consulted in matters that may reflect on the Division. In cases of consents for coverage by news media, consultation will also be sought from the DHS Director of Communications and the child's attorney-ad-litem. The foster parents and other placement providers will be informed of these policies.

The Adoption Specialist must obtain documented consent from a child 12 years of age or older, to show photographs for recruitment of an adoptive family.

A. Receive and document all child maltreatment allegation reports with sufficiently identifying information as defined by Arkansas law.

B. Receive fax transmission in non-emergency situations by identified reporters who provide their name, phone, number and email address (for online reporting). Confirm receipt of fax transmission via a return fax transmission.

C. Conduct a history check on all reports unless call waiting to be answered by the hotline have been waiting for 15 minutes or longer. History checks will be conducted on serious maltreatment allegations or allegations involving children three (3) years of age and younger regardless of wait time.

D. Attempt to secure all information requested in each screen within the Referral Section of CHRIS and elicit all information requested on the "Referral" and "Narrative" screens:

E. Prioritize and determine the appropriate investigating agency (either CACD or DCFS) as outlined in the Arkansas Department of Human Services and Arkansas State Police Agreement, to include, pursuant to A.C.A. § 12-18-303, a referral to the DCFS Prevention and Reunification Unit for a secondary review of an accepted report that contains no reporter information and collateral information as outlined in the Arkansas Department of Human Services and Arkansas State Police Agreement.

F. Forward report to appropriate investigating agency (either CACD or DCFS) for investigation with any pertinent Central Registry information, and DCFS may refer for assessment.

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

H. Notify each mandated reporter who makes a call to the hotline if the mandated reporter's call is not accepted or is screened out on a subsequent hotline supervisor review. Said notification should be made within 48 business hours.

I. Notify on-call DCFS or CACD staff by telephone for any Priority I report received after business hours or on holidays.

J. Provide local law enforcement with the name and contact information for the appropriate on-call staff employee at DCFS if local law enforcement contacts the hotline due to a 72-hour hold initiated on a child or if a hold needs to be taken on a child to protect the child.

K. If at any time the system should be inoperable or the respective entities do not have access to the computerized entry, maltreatment reports shall be forwarded by telephone.

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

A. Review accepted reports that flagged for secondary review by the Child Abuse Hotline due to the report not containing reporter information or collateral information as outlined in the Arkansas Department of Human Services and Arkansas State Police Agreement and make determinations based on the following considerations:

B. After secondary review of the accepted child maltreatment report:

A. Determine if an accepted report meets the following secondary review request criteria:

B. If an accepted report meets one of the secondary review request criteria above, forward the request with pertinent information to the DCFS Prevention and Reunification Unit for a secondary review.

C. If the accepted report does not meet one of the secondary review request criteria, but there is otherwise reason to believe a registered report does not warrant assignment for investigation, contact a Child Abuse Hotline Supervisor for a review before the report is initiated and cite at least one of the following reasons:

A. Determine whether to screen out the report.

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

A. An allegation of sexual abuse if the most recent allegation of sexual abuse was more than one year ago; or,

B. An allegation of sexual abuse if alleged victim does not currently have contact with the alleged offender; or

C. An allegation of abandonment and the child is in a facility; or,

D. An allegation of cuts, welts, bruises, or suffocation if the most recent allegation was more than one (1) year ago and the alleged victim is in the custody of the Department; or

E. The alleged victim is in a facility and does not currently have contact with the alleged offender.

A. Alleged offender's employer, including the physical address;

B. Alleged offender's job duties at his employment; and,

C. Alleged offender's supervisor.

A. Works with children or is otherwise engaged in paid or volunteer child-related activities;

B. Works with the elderly;

C. Works with an individual with a disability or mental illness; or,

D. Is a juvenile (and therefore has access to other juveniles in a school or similar setting).

A. The alleged offender's employer;

B. The school superintendent, principal, or a person in an equivalent position where the alleged offender is employed;

C. The person in charge of a paid or volunteer activity; and,

D. The appropriate licensing or registering authority to the extent necessary to carry out its official responsibilities.

See Procedure XIV-A2 for number of notification form and other specific instructions regarding providing at risk notifications to the persons and 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.

A. The existence, cause, nature and extent of child maltreatment with particular attention to any of the Arkansas Health and Safety factors that may be present. The Arkansas Health and Safety Factors are:

B. The existence and extent of previous injuries; and,

C. The names and conditions of other children in the home.

A. The existence, cause, nature, and extent of child maltreatment with particular attention to any of the Arkansas Health and Safety Factors that may be present (see above for list of the fourteen Arkansas Health and Safety Factors);

B. The identity of the person responsible for the maltreatment; and,

C. The existence and extent of previous maltreatment perpetrated by the alleged offender.

A. The identity of the person responsible for the maltreatment;

B. The relationship of the children with the parents or caretakers and their circumstances;

C. The child's environment in terms of risk and protective factors; and,

D. All other pertinent information.

A. If services are necessary to assist the family and allow the child to remain safely at home (per A.C.A. § 12-18-604, the Department has the authority to make referrals or provide services during the course of the child maltreatment investigation);

B. If separation of the child from the family is necessary to protect the health and safety of the child; and,

C. Whether there is a preponderance of the evidence (see Appendix I: Glossary) to support the report.

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.

A. Alleged victim;

B. Parents, both custodial and non-custodial;

C. If neither parent is the alleged offender, the alleged offender;

D. Any siblings of the victim or other children under the care of the alleged offender;

E. Current or past healthcare providers when the allegation of child maltreatment was reported by a healthcare provider; and,

F. Any other relevant collaterals.

DCFS staff are encouraged to bring child victims of Priority I reports involving sexual abuse, physical abuse, neglect, and witness to violence to the nearest Child Safety Center for the interview whenever available and appropriate. In some cases, it may also be appropriate to bring child victims of certain Priority II maltreatment reports to the nearest Child Safety Center for the interview.

A. Identify Arkansas Health and Safety Factors in the home which affect the child's immediate health and physical well-being.

B. Guide the Family Service Worker (FSW) in determining whether or not the child can remain safely in the home.

C. Serve as a structured decision-making tool. For example, information collected on the Health and Safety Assessment can be used to document reasonable efforts or aggravated circumstances. It can also be used to assist in completing the court report, and at important case decision points, or when there are major changes in case circumstances.

D. Assess the child's health and safety at placement changes if the child is removed from the home.

If the alleged offender is identified as a parent or primary caregiver, the Health and Safety Assessment in the Children's Reporting Information System (CHRIS) will 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.

A. Health and Safety Checklist

B. Safety Planning

C. Investigation Risk Assessment

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 is the first component of the Health and Safety Assessment. It 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 two business days of the investigation initiation. 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 or facts change.

If CACD is assigned primary on an investigation and, after interviewing the alleged victim, identifies the need for DCFS to complete a safety assessment, the CACD Investigator will immediately contact DCFS to conduct 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 the need for DCFS to conduct a safety assessment, 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.

A. Develop a protection plan to mitigate the identified safety factors to allow the child remain safely in the home; or,

B. Remove the child from the home and take protective custody.

These two options are described below:

A. Assess the family's level of risk during the child maltreatment investigation.

B. Establish a baseline level of risk for a family.

C. Identify the factors and circumstances that indicate the child may be at risk of future abuse or neglect.

D. Indicate the necessary level of involvement to assure the child's well-being.

E. Provide a structured decision-making tool in case planning (the investigation risk assessment informs the case plan if a case is opened after the completion of the investigation).

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

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

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

D. Death (previous or current) of a sibling as a result of abuse or neglect.

Risk Level Overrides must be reassessed when the case plan is updated.

A. The Prosecuting Attorney or law enforcement officials have requested that DCFS postpone the determination due to a pending criminal investigation;

B. Medical, crime lab, or autopsy reports needed to make a determination have not been received;

C. The report involves some out-of-state subjects and interview write-ups have not been received;

D. Conflicting medical opinions have been received, requiring further analysis; or,

E. Multiple alleged offenders or victims are involved, requiring additional time to conduct interviews and gather evidence.

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.

A. Administratively close an investigation of a child maltreatment report pursuant to A.C.A. § 12-18-601 without a determination of whether the allegation is unsubstantiated, true, true but exempted, or inactive (see Procedure II-D14 for administrative closure criteria and related requirements); or

B. Close the investigation with a determination that the allegations of child maltreatment are either:

A. A preliminary investigation has been completed, to include:

B. There has not been an additional report of abuse or neglect that has been committed by the alleged offender who is the subject of the current report;

C. The health and safety of the child can be assured without further investigation by DCFS based on review of prior child maltreatment history;

D. There is a determination that abuse or neglect of the child did not occur; and at least one (1) of the following criteria are met:

E. The DCFS Director or designee approves the administrative closure of an investigation conducted by DCFS.

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

B. The investigation concludes the injuries were the result of reasonable and moderate physical discipline inflicted by a parent or guardian for the purpose of restraining or correcting the child.

A. An admission of the fact of maltreatment by persons responsible;

B. An adjudication of dependency-neglect;

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

D. A medical diagnosis of failure to thrive. The Family Service Worker should, however, complete the Child Maltreatment Investigation in accordance with the procedures included to determine the identity of the caretaker and to conduct an 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 unless the investigating agency has determined that there is no indication of risk to the children. If the report is determined to be true, and is a report of sexual abuse, sexual contact, or sexual exploitation, an assessment of any other children previously or currently under care of the alleged offender, to the extent practical, and whether these children have been maltreated, or are at risk of maltreatment, will be conducted unless the investigating agency has determined that there is no indication of risk to the children. 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 or any subsequent mental health treatment or services.

A. The severity of the child maltreatment;

B. The nature and severity of an injury or other adverse impact caused by the child maltreatment;

C. The current or future access the offender has or could have to a vulnerable population;

D. Offender's previous child maltreatment history and whether there are similar fact patterns related to current offense and past child maltreatment history;

E. Subsequent reports of child maltreatment against the offender;

F. Criminal history of the offender; and,

G. Risk assessment tool rating.

If the Division determines the offender poses a risk to a vulnerable population, the investigative determination will continue to be documented as True, and the offender's name will be placed in the Child Maltreatment Central Registry. If the Division determines the offender does not pose a risk to a vulnerable population, the investigation determination will be documented in CHRIS as Exempted-No Risk. The DCFS Director or designee will approve determinations for true but exempted for no risk to vulnerable populations.

A. More than 5 years ago; or,

B. In another state.

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.

A. Assign the report to a Family Service Worker(s) or a Unit Group, as applicable, who will conduct the investigation when a report is received in the CHRIS county in-box.

A. Conduct a CHRIS history search prior to initiation of investigation unless the report is received after hours or during the weekend or a holiday.

B. If the reporter is named in the report, attempt to contact the reporter to gain additional information regarding the allegation prior to initiation unless the report is received after hours (inability to reach the reporter shall not prevent the investigator from initiating the investigation).

C. Make immediate telephone notification to the Prosecuting Attorney and law enforcement on Priority I reports.

A. Initiate the child maltreatment investigation:

B. Consider the investigation initiated:

C. Document initiation activities within two business days.

D. Submit the record to the supervisor for approval of due diligence to locate and interview the child after all these efforts have been made.

E. Document initiation activities within two business days.

A. Conduct a supervisory conference with investigator within 72-hours of investigator initiating the investigation.

A. Prepare for interviews by reviewing intake report and any prior child maltreatment reports, etc. See "Gathering Information" practice guide series for more information.

B. Conduct a separate interview with the alleged victim outside the presence of the alleged offender and the alleged offender's attorney in reports involving both in-home and out-of-home offenders. Exceptions must be approved by a supervisor.

C. Interview any siblings of the alleged victim and any other children under the care of the alleged offender (including during investigations with alleged out-of-home offenders) as the siblings and other children under the care of the alleged offender may have collateral information or have been within access of the alleged offender. Exceptions must be approved by a supervisor.

D. Conduct a cursory physical examination of children in the least invasive manner possible during the interview. A cursory physical examination is the observation of a child's external, physical condition which may require that the child's clothing be removed or rearranged.

E. Complete CFS-327a: Physical Documentation--Body Diagram when applicable and if a medical provider has not already completed CFS-327-A or similar diagram specific to the current allegation.

F. Photograph visible injuries; label and date photos.

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

H. Interview alleged offender.

I. Interview collateral sources, as appropriate, including teachers, neighbors, witnesses, and the person making the report.

J. When interviewing a child at school, provide the principal or designee with a copy of CFS-213-A: School

District Prohibition from Notifying Parent, Guardian, or Custodian of a Child Maltreatment Investigation.

K. Enter interview notes within 48 hours of completion of interviews.

L. If it is discovered that any interviewee is an unlicensed child care provider (i.e., caring for more than five children including an individual's own pre-school children), notify the Division of Child Care and Early Childhood Education.

M. Assist the investigative supervisor with the coordination of interviews when primary (i.e., where the child is currently located) and secondary counties are involved.

N. Reinitiate the investigation in the second county within 24-72 hours when an investigation is transferred from one county to another and the victim or any other children believed to reside in the home where the report originated have not been seen (see PUB-357: Child Maltreatment Investigation Protocol for more information).

O. Complete and document all interviews within 30 calendar days of the receipt of the child maltreatment report.

A. Take the lead in coordinating the investigation when multiple counties are involved;

B. Participate in phone conferences with primary and secondary investigators and any other staff involved in the investigation, as applicable.

C. Conference with the FSW investigator and any other staff involved from other counties as appropriate and document any consultations in CHRIS.

D. Ensure that counties otherwise communicate and complete the investigation within 45 calendar days.

A. Call the Child Abuse Hotline to report the new allegation only under the following conditions:

B. Update the information in "Collected During Investigation" in the "Abuse/Neglect" screen in CHRIS.

C. Update the "Abuse/Neglect" screen with the addition of the new allegations and new victims, as applicable.

D. When there is a new victim, change the role of the child from "non-victim" to "victim" in the "Role in Referral" in each child's "General Information" screen in CHRIS.

E. Document the additional information and the date the update was made on the "Notes" screen in the investigation.

A. Take a child into protective custody for up to 72 hours if:

B. If a police officer, law enforcement, a juvenile division of circuit court judge during proceedings concerning the child or sibling of the child, a designated employee of the Department of Human Services, any person in charge of a hospital or similar institution, or any physician treating a child has taken a child into protective custody pursuant to A.C.A. § 12-18-1001, assume custody of the child and assess the health and safety of each child to determine whether to continue or release custody of the child.

C. When a child upon whom a 72-hour hold has been placed is currently located in a school, residential facility, hospital, or similar institution, the FSW will notify the institution. The FSW will be aware that the institution is obliged to do the following upon receiving notice, in accordance with A.C.A. § 12-18-1005:

D. Notify the OCC attorney immediately that protective custody was exercised and request an ex parte emergency order from the court.

E. If a minor child's safety is a concern, contact OCC immediately to request that DCFS petition the court for an order of less than custody. Thoroughly review the Health and Safety Checklist and Investigation Risk Assessment and ensure that a protection plan is in place for a child before leaving a child in a home where an order of protection has been filed or DCFS has petitioned the court for an order of less than custody.

F. Determine whether to recommend to the court that reunification services should or should not be provided to reunite the child with his family (see Policy VI-A).

G. Determine whether the grandparents have the right to notice and right to be heard. In a child custody or dependency-neglect case, grandparents have this right if all the following conditions are present ("Grandparent does not mean a parent of a putative father of a child for the purpose of this determination):

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

I. Prepare an affidavit immediately and submit it to the OCC attorney (CACD shall prepare affidavits containing facts obtained during the course of their child maltreatment investigation).

J. Arrange for a physician to examine the child thoroughly within 24 hours of removal for allegations of severe maltreatment under A.C.A. § 12-18-602 or if the allegation is that a child has been subjected to neglect as defined in A.C.A. § 12-18-103(13)(B) (Garrett's Law) and arrange for a physician to examine the child thoroughly within 72- hours of removal for all other children who enter the custody of DHS.

K. Place the child in an appropriate licensed or approved placement.

L. If a provisional placement will be pursued:

M. Complete and route CFS-323: Protective Custody/Parental Notification.

N. Open an Out-of-Home Placement case within one business day.

O. Return the child to the legal custodian if the emergency necessitating protective custody passes or if the judge does not grant custody to the Department. Protective custody cannot be extended.

P. Complete the CFS-336: Expiration of Protective Custody/Parental Notification and provide to the parent.

Q. If the parent refuses to accept custody of the child, file an emergency petition.

A. If the service is needed during regular work hours:

B. If the service is needed after hours or on weekends:

A. During regular work hours, contact the vendor and schedule the appointment.

A. Attain supervisor approval for the translation request.

B. If approval is attained, send document needing translation to the DCFS Community Services designee and Policy Unit designee.

C. Advise Community Services designee and Policy Unit designee of the translated language that is needed.

A. Forward the document to the provider for an estimate.

B. Approve or deny the estimate.

C. If estimate approved, sign the estimate document and fax back to the vendor.

D. Forward the translated document to the DCFS staff member who made the request.

A. Unsubstantiated

B. True

C. True but exempted for:

D. Inactive.

A. Initiate the investigation by interviewing the alleged victim outside the presence of the alleged offender.

B. Complete an assessment of the alleged victim's home environment, as appropriate.

C. Interview a collateral witness.

D. Review prior history of child maltreatment related to the family of the child and to the alleged offender.

E. After preliminary investigation steps above have occurred, submit a request for administrative closure if:

A. Review the request for administrative closure to ensure:

B. Determine if the request meets criteria for administrative closure and within two (2) business days of receipt:

A. Determine if the request meets criteria for administrative closure within two (2) business days of receipt and:

A. Consider the following factors:

B. Participate in a case consultation with direct supervisor to determine if the offender may pose a risk of maltreatment to a vulnerable population.

C. Enter explanation of risk to a vulnerable population decision in the CHRIS Findings Recommendation Screen.

D. If there is a decision that the offender does not pose a risk to a vulnerable population, select 'Exempt-No Risk' from the findings dropdown menu and submit for 3-tier approval.

A. Review 'Exempt-No Risk' selections because the recommendation from the FSW Investigator is that the offender does not pose a risk to a vulnerable population. This will include a review of the narrative in CHRIS Findings Recommendation Screen and associated information in the investigation to ensure appropriate selection has been recommended and:

A. Determine if 'Exempt-No Risk' is appropriate based on review of the narrative in the CHRIS Findings Recommendation Screen and associated information in the investigation and:

A. Document the investigative determination on the "Investigation Finding" screen. CHRIS will automatically populate the Overall Finding (unsubstantiated, true, true but exempted, or inactive) based on the individual findings.

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

C. Ensure child maltreatment investigative determination notices, whether true or unsubstantiated, are issued to all persons pursuant to Ark. Code Ann. § 12-18-703 et seq. See Policy XIV-A: Notices Regarding Child Maltreatment and related procedures.

A. Conference with the FSW investigator as needed regarding the determination.

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

C. Approve the investigation closure as appropriate on the "Investigation Closure" screen.

D. For substantiated investigation, complete/approve the "Investigation Case Connect" screen as appropriate and assign and open a case if appropriate.

A. Call the Child Abuse Hotline to make a report.

B. Assess whether child can safely remain in the custody of the relative or fictive kin to whom law enforcement released the child (if the child has not already been returned to his or her legal parent(s)).

A. Ensure the Child Abuse Hotline has been called regarding the incident.

B. Take a 72-hour hold and place the child in a licensed or approved foster home, shelter, or facility, or an exempt child welfare agency as defined by A.C.A. § 9-28-402.

C. Initiate a dependency-neglect action by completing the affidavit and notifying the Office of Chief Counsel.

D. Determine if there is a non-custodial parent, other appropriate relative, or fictive kin who is not involved in the arrest and is willing and able to care of the child. If so:

A. Determine via phone if law enforcement is aware of whether parents have made or are attempting to make child care arrangements.

A. That it diligently attempted to notify the alleged offender of the investigative determination. This means that DCFS used a reasonable degree of care to discover the alleged offender's whereabouts and notify the alleged offender. Documentation would include proof that a process server was unsuccessful in locating the alleged offender.

B. That a child, an elderly person, or a person with a disability or mental illness may be at risk of maltreatment.

The DCFS representative must tell the ALJ if there is any criminal action pertaining to the investigation. A preliminary administrative hearing shall proceed even if:

A. There is an ongoing criminal or delinquency investigation regarding the occurrence that is the subject of the child maltreatment investigation

B. Criminal or delinquency charges are filed or will be filed regarding the occurrence that is the subject of the child maltreatment investigation

At the preliminary hearing, the ALJ will determine whether there is a prima facie case that:

A. The offender committed child maltreatment, that is, whether the evidence, if not contradicted, is sufficient to support a judgment that the allegations are true

B. A child, an elderly person, or a person with a disability or mental illness may be at risk of maltreatment.

If the ALJ determines that there is a prima facie case, DCFS will provisionally place the offender's name in the Child Maltreatment Central Registry. DCFS will make notification of the determination to persons as described in Procedure XIV-A7: Notices that Offender's Name Will Be Placed in the Child Maltreatment Central Registry. The Division will continue to attempt to notify the alleged offender using the CFS-292-N: Notice of Name Placement on Central Registry to Offender no less frequently than once a year for no fewer than three (3) years from the date the name is placed on the Registry. After three (3) years, no further contact will be made and the alleged offender's name will provisionally remain on the Child Maltreatment Central Registry.

Within 30 days of receiving notice of the determination of his/her listing in the Child Maltreatment Central Registry, the offender may request a hearing as outlined in the notice. If the offender fails to request a regular administrative hearing within thirty days of receipt of the notice of the investigative determination, the ALJ may determine that the provisional designation is removed, and the offender's name be officially placed in the Child Maltreatment Central Registry.

If the ALJ determines that there is no prima facie case, DCFS will not place the alleged offender's name in the Child Maltreatment Central Registry. DCFS will continue to provide notice to the alleged offender using the CFS-232-T1: Notice to Alleged Adult Offender of True Maltreatment Investigative Determination of the true investigation hearing and the opportunity for a regular administrative hearing no less frequently than once a year for no fewer than three (3) years from the date the name is placed in the Child Maltreatment Central Registry.

A. After notice, the offender 18 years of age or older at the time the act or omission occurred does not request an administrative hearing within 30 days.

B. The offender was a child age 14 to 17 at the time of the act or omission and the child or his/her legal guardian waived the administrative hearing.

C. The administrative law judge upheld the investigative determination of true pursuant to a preliminary administrative hearing.

D. Upon completion of the administrative hearing process, the Division's determination of true is upheld.

In addition to the requirements above, the name of an offender will be placed in the Child Maltreatment Central Registry only if the Department determines pursuant to A.C.A. § 12-18-702 that the offender may pose a risk of maltreatment to a vulnerable population that includes without limitation children, the elderly, persons with a disability, and persons with a mental health illness.

A. If an adult offender is found guilty of, pleads guilty to, or pleads nolo contendere to an act that is the same act for which the offender is named in the Child Maltreatment Central Registry regardless of any subsequent expungement of the offense from the offender's criminal record, unless the conviction is reversed or vacated.

B. If an offender who was a child age 14 to 17 at the time of the act or omission that resulted in a true finding of child maltreatment is found guilty of, pleads guilty to, or pleads nolo contendere to a felony in a circuit court as an adult for the act that is the same act for which the offender is named in the Child Maltreatment Central Registry, unless the conviction is reversed or vacated.

A. Educational Neglect-Priority II

B. Environmental Neglect - Priority II

C. Inadequate Clothing- Priority II

D. Inadequate Food- Priority II

E. Inadequate Shelter-Priority II

F. Inadequate Supervision-Children six (6) years or older-Priority II

A.C.A. § 12-18-908 allows these to be set at the discretion of the Director of the Department. However, these can only be changed through normal promulgation after a special review by the House Interim Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth [A.C.A. § 12-18-908] .)

A. Check monthly report of Automatic Removals from the Central Registry in CHRIS.

B. Send CFS-327: Notification of Name Removal from the Child Maltreatment Central Registry to offenders identified for his/her respective county within ten (10 days) of receiving the CHRIS report.

A. The Director of DCFS will appoint the members of the Child Maltreatment Central Registry Review Team.

B. The Review Team will select an alternating chairperson for each quarter.

C. The Review Team will determine a regular meeting schedule for the review any requests that meet all criteria but shall meet no less-frequently than on a quarterly basis.

D. Review requests must be received 60 days in advance of the review meeting, and all Review Team members will be provided with the case information 15 days prior to the review team meeting.

E. All decisions will be by a majority vote of the team members.

F. All team decisions will be sent in writing by the Central Registry Manager or designee.

A. The individual has not had a subsequent true report of this type for one year; and,

B. More than one year has passed since the adult offender's name was placed on the Child Maltreatment Central Registry.

However, the adult offender may not request removal from the Child Maltreatment Central Registry if any of the following apply:

A. The adult offender was placed into the Child Maltreatment Central Registry for any type of child maltreatment that resulted in a child fatality as a direct result of the offender's act or omission.

B. The adult offender is still involved in an open protective services or foster care case for the type of maltreatment for which he or she was placed into the Child Maltreatment Central Registry.

C. The adult offender was placed into the Child Maltreatment Central Registry for any of the child maltreatment types listed below and his or her parental rights were subsequently terminated either voluntarily or involuntarily:

* Abuse with deadly weapon

* Bone fractures

* Brain Damage/Skull Fracture

* Burns/scalding

* Immersion

* Inadequate supervision - children less than 6 years of age

* Interfering with a child's breathing

* Internal injuries

* Malnutrition

* Oral sex

* Poison/noxious substances

* Presence of illegal substance in child or its mother at time of birth resulting from mother's knowing use of the substance

* Sexual exploitation

* Sexual penetration

* Shaking a child age 3 or younger

* Striking a child with a closed fist

* Subdural hematoma

* Suffocation

A.C.A. § 12-18-908 allows the types of maltreatment that may be considered for removal to be set at the discretion of the Director of the Department. However, these can only be changed through normal promulgation after a special review by the House Interim Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth [A.C.A. § 12-18-908]).

Finally, per A.C.A. § 12-18-908, If an adult offender is found guilty of, pleads guilty to, or pleads nolo contendere to an act that is the same act for which the offender is named in the Child Maltreatment Central Registry regardless of any subsequent expungement of the offense from the offender's criminal record, the offender shall always remain in the Child Maltreatment Central Registry unless the conviction is reversed or vacated.

A. The adult offender will submit his or her request to the DCFS Director via the CFS-328-A: Request for Name Removal from the Child Maltreatment Central Registry by Adult Offender and shall also submit:

A. The circumstances surrounding the maltreatment;

B. The seriousness of the harm caused by the maltreatment to the child or children;

C. The probability of the offender engaging in future maltreatment;

D. Evidence of the offender's completion of training, rehabilitation, and efforts to learn effective strategies to care for children;

E. And any other information that is relevant to the specific offense.

If the child maltreatment type is in the removal-by-request category, and the adult offender has not had a subsequent true report of this type for one year and more than one year has passed since the offender's name was placed on the Child Maltreatment Central Registry, he will have a right to a review of the case.

A. The circumstances surrounding the maltreatment;

B. The seriousness of the harm caused by the maltreatment to the child or children;

C. The probability of the offender engaging in future maltreatment;

D. Evidence of the offender's completion of training, rehabilitation, and efforts to learn effective strategies to care for children;

E. Any pending criminal charges surrounding the maltreatment;

F. And any other information that is relevant to the specific offense.

The adult offender shall wait one year from the date of the request for removal before filing a new petition with the Division requesting the offender's name be removed from the Child Maltreatment Central Registry. However, if the Review Team needs additional information from the adult offender in order to make the determination as to whether to remove his or her name from the Child Maltreatment Central Registry, the Review Team may request that the adult offender provide the additional information without requiring the adult offender to wait an additional year to file a new petition. The Review Team shall inform the adult offender in writing of the specific additional information requested. The adult offender shall have ten (10) calendar days from the date of the request to submit the requested additional information. If the request is sent via mail, the adult offender shall be given an additional three (3) calendar days to submit the information. If the requested information is not submitted within the specified timeframe, then the adult offender shall wait one year from the date of the request to file a new petition requesting his or her name be removed from the Child Maltreatment Central Registry.

If the Review Team denies the request-for-removal of the name from the Child Maltreatment Central Registry, the adult offender may request an administrative hearing within 30 days from the receipt of the Division's decision.

A. The Administrative Law Judge makes a decision to either uphold or overturn the "true" investigative determination;

B. 30 days have passed and the offender did not request a hearing;

C. The alleged offender was a juvenile and he or his legal parent or guardian waived the administrative hearing or the administrative law judge issued a decision; OR

D. The Administrative Law Judge upheld the true determination because of a preliminary administrative hearing and allowed provisional placement of the offender's name on the Child Maltreatment Central Registry.

These notices of name placement in the Child Maltreatment Central Registry must be sent only after due process is satisfied. Verification must be obtained that the judicial determination of the original true finding was upheld in either the regular or preliminary administrative hearing or of the fact that no hearing was requested. These notices serve to inform that the investigative determination was upheld and that the offender's name will be placed in the Child Maltreatment Central Registry, or that a prima facie case was established, allowing provisional placement of the name.

A. Law Enforcement

B. Prosecuting Attorney

C. Licensing or Registering Authority (to the extent necessary for the authority to carry out its official responsibilities, when the licensing or registering authority is responsible for licensing or registering the agency or business location where the alleged abuse occurred)

D. Facility Director

E. DHS Division Director

F. Legal parents and legal custodians of the juvenile offender (14 through 17 years of age)

G. Legal parent or legal guardian of victim in foster care

H. Current Foster Parent of victim in foster care

I. Victim, if 14 years of age or older

J. Victim, if ten (10) years of age or older

K. Attorney ad litem of victim

L. Court appointed special advocate of victim

M. Circuit Judge with jurisdiction of an ongoing dependency neglect or FINS case of victim

N. Counsel in Dependency Neglect or FINS Case of a victim in foster care

O. Attorney ad litem of offender

P. Court appointed special advocate of offender

Q. Circuit Judge with jurisdiction of an ongoing dependency neglect or FINS case of offender

R. Counsel in Dependency Neglect or FINS Case of an offender in foster care

S. Attorney ad litem of child in foster home where maltreatment is reported

T. Court appointed special advocate of child in foster home where maltreatment is reported

U. Multidisciplinary Team for Victim or Offender

V. School where juvenile offender, age 14 or older is enrolled

W. School where juvenile offender, age ten (10) or older is enrolled

X. Offender

Y. Child Safety Center, if involved in the investigation

Z. Mandated Reporter

AA. Offender's employer when other children under the care of the offender may be at risk

BB. Entity in charge of offender's volunteer activity when other children under the care of the offender may be at risk

CC. Licensing or registering authority, if children under the care of the offender may be at risk (to the extent necessary for the authority to carry out its official responsibilities, when the licensing or registering authority is responsible for licensing or registering the agency or business location where the alleged abuse occurred or when other children at the agency or business under the care of the alleged offender are at risk or when the licensing or registering authority are responsible for monitoring the professional behavior of the registered or licensed professional who is the alleged offender)

DD. Employer of any offender in a designated position with a state agency Per A.C.A. § 21-15-110, if a state employee is determined to be an offender or perpetrator in a true, substantiated, or founded report of child maltreatment or adult abuse and the state employee is employed in a "designated position", the investigating agency shall immediately notify the employer of that state employee.

Per A.C.A. § 21-15-101, "designated Position" means a position in which a person is employed by a state agency to provide care, supervision, treatment, or any other services to the elderly, to individuals with mental illness(es), or to individuals with developmental disabilities or to children who reside in any state-operated facility or a position in which the applicant or employee will have direct contact with a child or any individual who is elderly or any individual who has mental illness(es) or developmental disabilities.

A. Extreme or repeated cruelty to a juvenile;

B. Engaging in conduct creating a realistic and serious threat of death, permanent or temporary disfigurement, or impairment of any bodily organ.

C. Injury to a juvenile's intellectual, emotional or psychological development as evidenced by observable and substantial impairment of the juvenile's ability to function within the juvenile's normal range of performance and behavior.

D. Any history that is at variance with the history given.

E. Any non-accidental physical injury.

F. Any of the following intentional or knowing acts, with physical injury and without justifiable cause:

G. Any of the following intentional or knowing acts, with or without injury:

H. No unreasonable action shall be construed to permit a finding of abuse without having established the elements of abuse.

I. Abuse shall not include physical discipline of a child when it is reasonable and moderate and is inflicted by a parent or guardian for purposes or restraining or correcting the child.

J. Reasonable and moderate physical discipline inflicted by a parent or guardian shall not include any act that is likely to cause, and which does cause injury more serious than transient pain or minor temporary marks.

K. The age, size and condition of the child and the location of the injury and the frequency of recurrence of injuries shall be considered when determining whether the physical discipline is reasonable or moderate.

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:

A. Ten (10) years of age or older who has committed an act other than a traffic offense or game and fish violation, which, if the act had been committed by an adult, would subject the adult to prosecution for a felony, misdemeanor, or violation under the applicable criminal laws of this state or who has violated § 5-73-119; OR

B. Any juvenile charged with capital murder or murder in the first degree, subject to extended juvenile jurisdiction.

A. Whose parent is in the custody of the Department of Human Services;

B. Whose parent or guardian is incarcerated for a reason unrelated to the health, safety, or welfare of the child and the parent or guardian has no appropriate relative or friend willing or able to provide care for the child;

C. Whose parent or guardian is incapacitated, whether temporarily or permanently, such that the parent or guardian cannot provide care for the juvenile and the parent or guardian has no appropriate relative or friend willing or able to provide care for the child;

D. Whose custodial parent dies and no stand-by guardian exists;

E. Who is an infant relinquished to the custody of DHS for the sole purpose of adoption;

F. Who is a safe haven baby. (Safe Haven Act-2001);

G. Who has disrupted his or her adoption, and the adoptive parents have exhausted resources available to them; or,

H. Who has been a victim of human trafficking as a result of threats, coercion, or fraud without the knowledge of the parent.

A. Abandonment

B. Abuse

C. Sexual abuse

D. Sexual exploitation

E. Neglect or parental unfitness or being present in a dwelling or structure during the manufacture of methamphetamine with the knowledge of his/her parent, guardian, or custodian, or

F. Human trafficking if they parent knew or should have known the child was a victim of human trafficking as a result of threats, coercion, or fraud.

A. The penetration, however slight, of the anus or mouth of one person by the penis of another person; or

B. The penetration, however slight, of the labia majora or anus of one person by any body member or foreign instrument manipulated by another person.

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

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

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

A. owns or is legally responsible for paying rent on the home (household head); or,

B. is in a close personal relationship with a household head; or,

C. is related to a household head or a to person in a close personal relationship with a household head.

D. 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.

A. Failure or refusal to prevent the abuse of the child when the person knows or has reasonable cause to know the child is or has been abused;

B. Failure or refusal to provide the necessary food, clothing, or shelter, or medical treatment necessary for the child's well-being, except when the failure or refusal is caused primarily by the financial inability of the person legally responsible and no services for relief have been offered;

C. Failure to take reasonable action to protect the child from abandonment, abuse, sexual abuse, sexual exploitation, neglect, or parental unfitness where the existence of such condition was known or should have been known;

D. Failure or irremediable inability to provide for the essential and necessary physical, mental, or emotional, needs of the child, including the failure to provide a shelter that does not pose a risk to the health or safety of the child;

E. Failure to provide for the child's care and maintenance, proper or necessary support, or medical, surgical, or other necessary care;

F. Failure, although able, to assume responsibility for the care and custody of the child or participate in a plan to assume such responsibility;

G. Failure to appropriately supervise the child that results in the child being left alone at an inappropriate age creating a dangerous situation or a situation that puts the child at risk of harm; or, in inappropriate circumstances creating a dangerous situation or a situation that puts the child at risk of harm;

H. Failure, regardless of whether the parent, guardian, custodian, foster parent, or any person who is entrusted with the child's care, etc. is present, to appropriately supervise the child that results in the child being placed in inappropriate circumstances creating a dangerous situation or in a situation that puts the child at risk of harm;

I. Failure to ensure a child between six (6) and 17 years of age is enrolled in school or is legally being home schooled or as a result of an act or omission by the child's parent or guardian, the child is habitually and without justification absent from school.

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-RECUOUT-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 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

RRING 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.

A. By a person 14 years of age or older to a person younger than 18 years of age:

B. By a person 18 years of age or older to a person not his or her spouse who is younger than 16 years of age:

C. By a caretaker to a person younger than 18 years of age:

D. By a person younger than 14 years of age to a person younger than 18 years of age:

A. a Caucasian child nine years or older,

B. a healthy child of color who is two years or older,

C. a member of any sibling group being placed together who share at least one biological parent and who have either lived together or otherwise developed a bond prior to adoptive placement, and the child is:

D. legally free for adoption with parental rights terminated,

E. under 18 years old and whose adoption has not been finalized prior to approval of the subsidy,

F. (for the purposes of a State Subsidy only), in DHS custody, or

G. a member of a Non-Custody/Out-of-Home Placement Services case, or

H. (For the purposes of private and independent adoptions only), who is SSI eligible at the time the adoption petition is filed.

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 - OCC 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 not include 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.

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