Arkansas Department of Human Services

DCFS Publications Hyperlink:

https://ardhs.sharepointsite.net/CW/DCFS%20Publications/Forms/AllItems.aspx

Rev. 07/2024

Division of Children &

Family Services

Policy & Procedure Manual

Division of Children and Family Services

I. DIVISION OVERVIEW & GENERAL PROVISIONS ................................................. 1

POLICY I-A: DIVISION MISSION, PRACTICE MODEL, POWERS & DUTIES ............... 1

POLICY I-B: CHILD WELFARE DELIVERY SYSTEM ................................................... 3

POLICY I-C: DIVISION VOLUNTEERS ..................................................................... 6

PROCEDURE I-C1: Volunteer Application Process and Approval .......................... 8

PROCEDURE I-C2: Volunteer Background Check Renewals ................................ 12

PROCEDURE I-C3: Relative and Fictive Kin Volunteer Application and Process for

Approval ........................................................................................................... 13

POLICY I-D: OFFICIAL RECORD KEEPING & ACCESS TO OFFICIAL RECORDS ......... 17

POLICY I-E: CONFIDENTIALITY ........................................................................... 19

POLICY II-A: SUPPORTIVE SERVICES ................................................................... 24

PROCEDURE II-A1: Community and Self Referrals for Supportive Services ........ 24

POLICY II-B: DIFFERENTIAL RESPONSE ............................................................... 25

Procedure II-B1: Child Abuse Hotline Referral to Differential Response ............ 29

Procedure II-B2: Receipt and Assignment of Differential Response Referral...... 30

Procedure II-B3: Differential Response Initiation and Family Assessment ......... 30

Procedure II-B4: Management of Family’s Refusal to Participate ...................... 34

Procedure II-B5: Differential Response Services Management .......................... 35

Procedure II-B6: Service Extensions .................................................................. 38

POLICY II-C: CHILD ABUSE HOTLINE FOR CHILD MALTREATMENT REPORTS ....... 41

PROCEDURE II-C1: Child Abuse Hotline Acceptance and Assignment of

Maltreatment Reports ...................................................................................... 41

PROCEDURE II-C2: County Office Interaction with Child Abuse Hotline ............. 43

PROCEDURE II-C3: County Office Secondary Review Requests from DCFS Central

Office and Requests for Clearance of Other Reports from Child Abuse Hotline . 43

PROCEDURE II-C4: Child Maltreatment Reports Involving Allegations Taking

Place in Other States or Countries ..................................................................... 45

PROCEDURE II-C5: Child Maltreatment Reports Involving Allegations Taking

Place in Arkansas with Alleged Parties to the Report Living Outside of Arkansas

......................................................................................................................... 45

POLICY II-D: Investigation of Child Maltreatment Reports ................................. 47

PROCEDURE II-D1: Assignment of Child Abuse Hotline Investigation Reports ... 66

PROCEDURE II-D2: Preparation for Investigation Initiation ............................... 66

PROCEDURE II-D4: Child Maltreatment Report Investigation Interviews ........... 68

PROCEDURE II-D5: Discovery of New Victims or Allegations in an Ongoing

Investigation ..................................................................................................... 70

PROCEDURE II-D6: Medical/Psychological Evaluation Required During

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Investigation ..................................................................................................... 71

PROCEDURE II-D7: Other Child Maltreatment Investigation Actions ................. 72

PROCEDURE II-D8: Health & Safety Checklist .................................................... 74

PROCEDURE II-D9: Safety Planning.................................................................... 75

PROCEDURE II-D10: Investigation Risk Assessment ........................................... 78

PROCEDURE II-D11: Protective Custody of Child in Immediate Danger .............. 79

PROCEDURE II-D12: Using Interpreter Services During an Investigation ............ 81

PROCEDURE II-D13: Request for Investigative Timeframe Extension ................. 82

PROCEDURE II-D14: Child Maltreatment Investigation Closures and

Determinations ................................................................................................. 83

PROCEDURE II-D15: Referrals and Case Openings Based on Investigative Findings

......................................................................................................................... 86

PROCEDURE II-D16: DCFS and Law Enforcement Interfaces and Responses ....... 87

POLICY II-E: MEDICAL NEGLECT OF AN INFANT WITH DISABILITIES .................... 91

PROCEDURE II-E1: Medical Neglect of an Infant with Disabilities ...................... 91

POLICY II-F: SUBSTANCE EXPOSED INFANT REFERRAL AND ASSESSMENTS ........ 92

PROCEDURE II-F1: Prenatal Substance Exposure Referrals ................................ 93

PROCEDURE II-F2: Receipt and Assignment of Prenatal Substance Exposure

Referrals ........................................................................................................... 94

PROCEDURE II-F3: Prenatal Substance Exposure Assessment and Plan of Safe

Care .................................................................................................................. 94

POLICY II-G: TEAM DECISION MAKING .............................................................. 97

Procedure II-G1: Team Decision Making Initiation and Referral ...................... 102

Procedure II-G2: Team Decision Making Preparation ...................................... 104

Procedure II-G3: Team Decision Making Meeting ............................................ 105

Procedure II-G4: Team Decision Making Review ............................................. 106

POLICY II-H: COMMUNITY NOTIFICATION OF SEX OFFENDERS ........................ 109

PROCEDURE II-H1: Notification of Sex Offenders ............................................ 109

POLICY II-I: FAMILY IN NEED OF SERVICES ....................................................... 110

PROCEDURE II-I1: Family in Need of Services .................................................. 113

POLICY II-J: EARLY INTERVENTION REFERRALS AND SERVICES ......................... 115

PROCEDURE II-J1: DDS Early Intervention Services Referrals ........................... 118

PROCEDURE II-J2: DDS Early Intervention Individualized Family Service Planning

....................................................................................................................... 120

PROCEDURE II-J3: FASD Referrals and Services ............................................... 121

POLICY II-K: SEX OFFENDER WITH CUSTODY OR UNSUPERVISED VISITATION

RIGHTS ............................................................................................................ 122

Division of Children and Family Services

PROCEDURE II-K1: Sex Offender with Custody or Unsupervised Visitation Rights

....................................................................................................................... 122

III: SERVICES CASE OPENING ........................................................................... 123

POLICY III-A: GENERAL SERVICES CASE OPENING & REEVALUATION ................ 123

PROCEDURE III-A1: Protective/Supportive Services Case Opening .................. 124

PROCEDURE III-A2: Out-of-Home Placement Services Case Opening ............... 125

PROCEDURE III-A3: Case Reevaluation for Medicaid Redetermination Purposes

....................................................................................................................... 127

POLICY III-B: NOTIFICATION OF RELATIVES AND FICTIVE KIN WHEN A CHILD IS

TAKEN INTO CUSTODY BY THE DIVISION ......................................................... 131

PROCEDURE III-B1: Notice to Relatives and Fictive Kin .................................... 131

POLICY III-C: COORDINATION WITH THE OFFICE OF CHILD SUPPORT

ENFORCEMENT ............................................................................................... 134

PROCEDURE III-C1: DCFS Coordination with OCSE ........................................... 134

POLICY III-D: RESOLUTION OF DENIAL OF MEDICAID SERVICE ......................... 135

PROCEDURE III-D1: Internal Resolution ........................................................... 135

PROCEDURE III-D2: External Resolution .......................................................... 135

POLICY III-E: CLIENT DRUG AND ALCOHOL SCREENING .................................... 136

PROCEDURE III-E1: Administering Client Urine Specimen Drug Screens ........... 138

PROCEDURE III-E2: Client Urine Specimen Drug Screen Challenges ................. 140

PROCEDURE III-E3: Administering Other Client Drug and Alcohol Screens ....... 141

PROCEDURE III-E4: Maintenance and Re-ordering of Drug and Alcohol Screens

....................................................................................................................... 142

POLICY III-F: SERVICES CASE OPENING FOR INFANTS BORN TO JUVENILES IN THE

PHYSICAL CUSTODY OF THE DIVISION OF YOUTH SERVICES ............................ 143

PROCEDURE III-F1: Coordination of Services, Care and Case Opening for Infants

Born to Juveniles in the Physical Custody of the Division of Youth Services .... 143

POLICY III-G: SERVICES CASE OPENING FOR INFANTS IF ABORTION RESULTS IN

LIVE BIRTH ...................................................................................................... 145

PROCEDURE III-G1: Coordination of Services, Care, and Case Opening for Infants

if Abortion Results in Live Birth ....................................................................... 145

POLICY III-H: SERVICES CASE OPENING FOR CASES INVOLVING INCARCERATED

PARENTS ......................................................................................................... 146

PROCEDURE III-H1: Coordination of Services, Hearings, and Visitation for

Incarcerated Parents ....................................................................................... 146

POLICY III-I: SERVICES CASE OPENING FOR CASES INVOLVING ACTIVE DUTY

SERVICE MEMBERS ......................................................................................... 149

Division of Children and Family Services

PROCEDURE III-I1: Coordination of Services for Active Duty Service Members 149

IV. ASSESSMENT OF FAMILY STRENGTHS AND NEEDS TO DEVELOP

INDIVIDUALIZED CASE PLANS .......................................................................... 151

POLICY IV-A: FAMILY ASSESSMENTS ............................................................... 151

Procedure IV-A1: Family Assessments Using the FAST and CANS .................... 152

POLICY IV-B: SERVICES CASE PLAN .................................................................. 154

PROCEDURE IV-B1: Case Plan .......................................................................... 154

POLICY IV-C: CASE STAFFINGS ......................................................................... 158

PROCEDURE IV-C1: Case Staffings ................................................................... 158

V. SERVICES TO PRESERVE FAMILIES IN THEIR HOMES .................................... 160

POLICY V-A: SERVICES TO PRESERVE FAMILIES IN THEIR HOMES ..................... 160

PROCEDURE V-A1: Services to Preserve Families in Their Homes .................... 161

POLICY V-B: FAMILY SERVICE WORKER CONTACTS .......................................... 162

PROCEDURE V-B1: Family Service Worker Contacts ........................................ 162

POLICY V-C: FAMILY SUPPORT FUND ............................................................... 164

POLICY V-E: CHILD INVOLVED IN A PROTECTIVE SERVICES CASE WHO IS MISSING

....................................................................................................................... 165

PROCEDURE V-E1: When a Child is Reported Missing from a Family with an Open

Protective Services Case ................................................................................. 165

PROCEDURE V-E2: When a Child Involved in a Protective Services Case Who has

been Missing is Located .................................................................................. 168

VI. SERVICES TO REUNIFY FAMILIES ................................................................ 170

POLICY VI-A: OUT-OF-HOME PLACEMENT CRITERIA ........................................ 170

PROCEDURE VI-A1: Initial Out-of-Home Placement Determination ................. 173

PROCEDURE VI-A2: Out-of-Home Placement of Underaged Juvenile Offender,

Juvenile Offender, or Sexual Offender ............................................................ 174

PROCEDURE VI-A3: Placement of Infants Born to Incarcerated Mothers ......... 175

PROCEDURE VI-A4: Out-of-Home Placement by Sheriff or Police Chief in

Emergency Situations ..................................................................................... 176

PROCEDURE VI-A5: Out-of-Home Placement Support ..................................... 177

PROCEDURE VI-A6: Concurrent Planning ......................................................... 177

POLICY VI-B: CONSIDERATION OF RELATIVES AND FICTIVE KIN FOR CHILDREN IN

FOSTER CARE .................................................................................................. 179

PROCEDURE VI-B1: Trial Home Visit with Non-Custodial Parents .................... 180

PROCEDURE VI-B2: Provisional Foster Home Placement for Children in Foster

Care ................................................................................................................ 182

PROCEDURE VI-B3: Relative and Fictive Kin Custody for Children in Foster Care

Division of Children and Family Services

....................................................................................................................... 186

POLICY VI-C: MAINTAINING FAMILY TIES IN OUT-OF-HOME PLACEMENTS ...... 189

PROCEDURE VI-C1: Parent-Child Contact for Children in Out-of-Home

Placements ..................................................................................................... 193

PROCEDURE VI-C2: Sibling Contact for Children in Out-of-Home Placements .. 194

PROCEDURE VI-C3: Other Relative and Fictive Kin-Child Contact in Out-of-Home

Placement ....................................................................................................... 195

POLICY VI-D: INITIAL AND GENERAL HEALTH SERVICES FOR CHILDREN RECEIVING

OUT-OF-HOME PLACEMENT SERVICES ............................................................ 197

PROCEDURE VI-D1: Initial Health Screening for Children Receiving Out-of-Home

Placement Services ......................................................................................... 197

PROCEDURE VI-D2: Foster Parent Involvement in Health Care for Children

Receiving Out-of-Home Placement Services .................................................... 199

PROCEDURE VI-D3: Gathering & Maintaining Health Records for Children

Receiving Out-of-Home Placement Services .................................................... 199

PROCEDURE VI-D4: Medical Passport for Children Receiving Out-of-Home

Placement Services ......................................................................................... 200

POLICY VI-E: COMPREHENSIVE HEALTH ASSESSMENT AND HEALTH PLAN FOR

CHILDREN RECEIVING OUT-OF-HOME PLACEMENT SERVICES .......................... 201

PROCEDURE VI-E1: Comprehensive Health Assessment and Arkansas Children’s

Hospital Outpatient Services ........................................................................... 201

PROCEDURE VI-E2: Health Plan for Children Receiving Out-of-Home Placement

Services, Consent for Treatment and Life Sustaining Treatment...................... 202

POLICY VI-F: PERIODIC HEALTH REASSESSMENT OF CHILDREN RECEIVING OUT-

OF-HOME PLACEMENT SERVICES .................................................................... 203

PROCEDURE VI-F1: Periodic Health Reassessment of Children Receiving Out-of-

Home Placement Services ............................................................................... 203

POLICY VI-G: CASE REVIEW JUDICIAL HEARINGS FOR CHILDREN IN OUT-OF-

HOME PLACEMENT ......................................................................................... 204

PROCEDURE VI-G1: Case Review Judicial Hearings for Children in Out-of-Home

Placement ....................................................................................................... 210

POLICY VI-H: INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN ........ 212

PROCEDURE VI-H1: Responsibilities of the Sending State ................................ 213

PROCEDURE VI-H2: Responsibilities of the Receiving State ............................. 214

PROCEDURE VI-H3: Placing Arkansas Children in Another State and Requesting

Out-of-State Home Studies ............................................................................. 215

PROCEDURE VI-H4: Children Entering Arkansas for Placement ........................ 216

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PROCEDURE VI-H5: Completion of Home Study Packet ................................... 216

PROCEDURE VI-H6: Routing of Home Study Packet ......................................... 217

PROCEDURE VI-H7: Follow-up, Routing, and Monitoring ................................. 218

PROCEDURE VI-H8: Travel Procedures for Children Receiving Out-of-Home

Placement Services ......................................................................................... 218

PROCEDURE VI-H9: Travel Not Related to the Interstate Compact on the

Placement of Children ..................................................................................... 219

PROCEDURE VI-H10: Progress Reports ............................................................ 220

PROCEDURE VI-H11: Termination of ICPC Cases .............................................. 220

PROCEDURE VI-H12: Exceptions to Policy ....................................................... 221

PROCEDURE VI-H13: Request for an Interstate Compact on the Placement of

Children Priority Placement Regulation No. 7 ................................................. 221

PROCEDURE VI-H14: Juvenile, Mental Health, and Adoption and Medical

Assistance Compacts ....................................................................................... 222

POLICY VI-I: INTERFERENCE WITH CUSTODY.................................................... 223

PROCEDURE VI-I1: Interference with Custody ................................................. 224

POLICY VI-J: TRUST ACCOUNTS FOR CHILDREN IN FOSTER CARE ..................... 225

POLICY VI-K: EDUCATIONAL SERVICES FOR CHILDREN IN OUT-OF-HOME

PLACEMENT .................................................................................................... 227

PROCEDURE VI-K1: Educational Services ......................................................... 230

PROCEDURE VI-K2: Special Education Needs Service Delivery Process ............ 231

POLICY VI-L: MENTAL HEALTH SERVICES FOR CHILDREN IN FOSTER CARE ....... 233

PROCEDURE VI-L1: Outpatient Mental Health Services ................................... 233

PROCEDURE VI-L2: Inpatient Psychiatric Residential Treatment ...................... 235

PROCEDURE VI-L3: Inpatient Acute Psychiatric Treatment .............................. 236

PROCEDURE VI-L4: Ongoing Treatment ........................................................... 239

PROCEDURE VI-L5: DCFS/CMHC Collaboration ................................................ 240

PROCEDURE VI-L6: Mental Health Policy Terms .............................................. 241

POLICY VI-M: INTERDIVISIONAL STAFFINGS AND THE CHILD CASE REVIEW

COMMITTEE .................................................................................................... 243

PROCEDURE VI-M1: Interdivisional Staffing Referral ....................................... 245

PROCEDURE VI-M2: Child Case Review Committee (CCRC) Referral ................ 245

PROCEDURE VI-M3: Medicaid and Financial Issues ......................................... 246

POLICY VI-N: LEGAL COUNSEL FOR CHILDREN IN FOSTER CARE ....................... 248

PROCEDURE VI-N1: Making Referrals to Secure Legal Counsel ........................ 248

POLICY VI-O: THERAPEUTIC FOSTER CARE ....................................................... 248

PROCEDURE VI-O1: Referrals for Therapeutic Foster Care ............................... 249

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PROCEDURE VI-O2: Therapeutic Foster Home Transitioning to DCFS Foster Home

....................................................................................................................... 250

PROCEDURE VI-O3: Former Therapeutic Foster Home Reopening as DCFS Foster

Home .............................................................................................................. 252

POLICY VI-P: Private Licensed Placement Agency (PLPA) Resource Homes ...... 255

PROCEDURE VI-P1: Referrals for Private Licensed Placement Agency (PLPA)

Resource Homes ............................................................................................. 256

PROCEDURE VI-P2: Private Licensed Placement Agency (PLPA) Resource Home

Transitioning to DCFS Resource Home ............................................................ 256

PROCEDURE VI-P3: Former Private Licensed Placement Agency (PLPA) Resource

Home Reopening as DCFS Resource Home ...................................................... 258

POLICY VI-Q: FOSTER CARE DRIVING PROGRAM AND CAR INSURANCE

REIMBURSEMENT PROGRAM FOR YOUTH IN OUT-OF-HOME PLACEMENT ...... 259

VII. DEVELOPMENT OF RESOURCE HOMES & SUPPORT TO RESOURCE PARENTS

....................................................................................................................... 263

POLICY VII-A: RESOURCE HOME DEFINITIONS AND ROLES .............................. 263

POLICY VII-B: RESOURCE HOME RECRUITMENT & RETENTION ........................ 267

PROCEDURE VII-B1: Resource Parent Recruitment .......................................... 267

PROCEDURE VII-B2: Retention of Foster Homes .............................................. 268

PROCEDURE VII-B3: Information Meetings ..................................................... 269

POLICY VII-C: RESOURCE HOME ASSESSMENT PROCESS .................................. 270

POLICY VII-D: DENIAL OF A RESOURCE HOME APPLICANT ............................... 279

PROCEDURE VII-D1: Denial as a Result of Negative Results of a Background

Check .............................................................................................................. 279

PROCEDURE VII-D2: Denial as a Result of the In-Home Consultation Visit ....... 280

PROCEDURE VII-D3: Denial as a Result of the Home Assessment .................... 280

POLICY VII-E: RESOURCE HOME MONITORING AND REEVALUATION ............... 281

POLICY VII-F: RESOURCE HOME REOPENING ................................................... 284

PROCEDURE VII-F1: Reopening a Resource Home ........................................... 284

POLICY VII-G: ALTERNATE CARE FOR CHILDREN IN OUT-OF- HOME PLACEMENT

....................................................................................................................... 286

POLICY VII-H: PROVIDING INFORMATION TO AND GATHERING INFORMATION

FROM RESOURCE PARENTS ............................................................................. 291

POLICY VII-I: DIVISION CONTACT WITH CHILDREN IN OUT-OF-HOME

PLACEMENTS .................................................................................................. 292

PROCEDURE VII-I1: Supervision of Children in Out-of-Home Placement .......... 293

POLICY VII-J: DIVISION CONTACT WITH BIOLOGICAL PARENTS, LEGAL

Division of Children and Family Services

CUSTODIANS, AND LEGAL GUARDIANS INVOLVED IN OUT-OF-HOME

PLACEMENT CASES 01/2016 ........................................................................... 294

Procedure VII-J1: Caseworker Contacts with Biological Parents ...................... 295

POLICY VII-K: Child Maltreatment Allegations Concerning Out-of-Home

Placements ..................................................................................................... 297

PROCEDURE VII-K1: Initial Report Response ................................................... 302

PROCEDURE VII-K2: Response to Unsubstantiated Finding.............................. 304

PROCEDURE VII-K3 Response to True Finding Pending Due Process ................ 306

PROCEDURE VII-K4: Response to True Finding Overturned on Administrative

Appeal When the Foster Home is Still Open .................................................... 307

PROCEDURE VII-K5: Response to True Finding Overturned on Administrative

Appeal When the Foster Home has Previously Been Closed ............................ 309

PROCEDURE VII-K6: Response to True Finding Upheld on Administrative Appeal

....................................................................................................................... 310

POLICY VII-L: CHANGES IN OUT-OF-HOME PLACEMENT................................... 313

PROCEDURE VII-L1: FOSTER PARENT REQUEST FOR PLACEMENT CHANGE ...... 314

PROCEDURE VII-L2: NON-EMERGENCY CHANGES IN OUT-OF-HOME PLACEMENT

....................................................................................................................... 315

PROCEDURE VII-L3: EMERGENCY CHANGES IN OUT-OF-HOME PLACEMENT .... 316

POLICY VII-M: FINANCIAL SUPPORT TO RESOURCE PARENTS .......................... 317

POLICY VII-N: CHILD MISSING FROM AN OUT-OF-HOME PLACEMENT ............. 324

PROCEDURE VII-N1: When a Child is Reported Missing from an Out-of-Home

Placement ....................................................................................................... 325

PROCEDURE VII-N2: When a Child Missing from an Out-of-Home Placement is

Located ........................................................................................................... 328

VIII. SERVICES TO PROVIDE OTHER PERMANENT LIVING SITUATIONS ............. 330

POLICY VIII-A: TRANSITIONAL YOUTH SERVICES .............................................. 330

PROCEDURE VIII-A1: Referral for Transitional Services .................................... 332

PROCEDURE VIII-A2: Youth Transitional Plan & Life Plan ................................. 334

PROCEDURE VIII-A3: Interagency Support for Youth with Disabilities ............. 337

POLICY VIII-B: EXTENDED FOSTER CARE .......................................................... 338

PROCEDURE VIII-B1: Extended Foster Care ..................................................... 340

PROCEDURE VIII-B2: TYS Sponsors .................................................................. 341

POLICY VIII-C: AFTER CARE SERVICES AND SUPPORT ....................................... 343

PROCEDURE VIII-C1: After Care and Follow Up ................................................ 344

POLICY VIII-D: TERMINATION OF PARENTAL RIGHTS ....................................... 345

PROCEDURE VIII-D1: DCFS Initiates Termination of Parental Rights ................ 346

Division of Children and Family Services

PROCEDURE VIII-D2: Court Initiates Termination of Parental Rights................ 347

PROCEDURE VIII-D3: Custodial/Non-Custodial Parent(s) Requests Termination of

Parental Rights ............................................................................................... 348

PROCEDURE VIII-D4: Fast Track Adoption under Garrett’s Law ....................... 349

POLICY VIII-E: DECISIONS INVOLVING CHILDREN IN DHS CUSTODY WHOSE

PARENTS’ RIGHTS HAVE BEEN TERMINATED ................................................... 351

POLICY VIII-F: BIRTH PARENTS RELINQUISHING INFANTS FOR ADOPTION UNDER

THE SAFE HAVEN ACT ...................................................................................... 352

POLICY VIII-G: SELECTION, PREPARATION, AND FINALIZATION OF ADOPTIVE

PLACEMENTS .................................................................................................. 354

PROCEDURE VIII-G1: Adoption Staffing and Recommendations ...................... 357

PROCEDURE VIII-G2: Identification of an Adoptive Placement and Disclosure. 359

PROCEDURE VIII-G3: Disclosure, Pre-Placement, and Placement Activities ..... 364

PROCEDURE VIII-G4: Legal Risk Placement ...................................................... 367

PROCEDURE VIII-G5: When a Petition to Adopt is Filed Without Prior Knowledge

or Consent of DCFS ......................................................................................... 368

PROCEDURE VIII-G6: Post-Placement Services ................................................ 369

PROCEDURE VIII-G7: Disruption of Pre-Adoptive Placement ........................... 370

PROCEDURE VIII-G8: When a Child Dies Prior to Finalization of Adoption ....... 370

PROCEDURE VIII-G9: Finalization of an Adoption ............................................ 371

PROCEDURE VIII-G10: Post-Adoption Services ................................................ 373

POLICY VIII-H: Legal Custodian Petition to Adopt a Child Previously in Foster

Care ................................................................................................................ 375

PROCEDURE VIII-H1: Legal Custodian Petition to Adopt a Child Previously in

Foster Care ..................................................................................................... 375

POLICY VIII-I: ADOPTION SUBSIDY ................................................................... 377

PROCEDURE VIII-I1: Initial Application for Adoption Subsidy .......................... 386

PROCEDURE VIII-I2: Title IV-E Redetermination .............................................. 389

PROCEDURE VIII-I3: Criteria for SSI Eligible Private Agency and Independent

Adoptions ....................................................................................................... 390

PROCEDURE VIII-I4: Amendment to an Adoption Subsidy ............................... 391

PROCEDURE VIII-I5: Request for Continuation of Federal and State Funded

Adoption Maintenance Subsidy after Age 18 .................................................. 392

PROCEDURE VIII-I6: Interstate Compact on Adoption and Medical Assistance

(ICAMA) .......................................................................................................... 394

PROCEDURE VIII-I7: Payment for Non-recurring Adoption Expenses and Special

Subsidy ........................................................................................................... 395

Division of Children and Family Services

PROCEDURE VIII-I8: Termination of Adoption Subsidy .................................... 395

POLICY VIII-J: MUTUAL CONSENT VOLUNTARY ADOPTION REGISTRY .............. 396

PROCEDURE VIII-J1: Mutual Consent Voluntary Adoption Registry and Related

Services .......................................................................................................... 398

POLICY VIII-K: INTERNATIONAL ADOPTIONS ................................................... 399

PROCEDURE VIII-K1: International Adoptions ................................................. 399

POLICY VIII-L: SUBSIDIZED GUARDIANSHIP ..................................................... 412

PROCEDURE VIII-L1: Initial Subsidized Guardianship Program Determination . 420

PROCEDURE VIII-L2: Denial of Subsidized Guardianship Arrangement ............ 423

PROCEDURE VIII-L3: Subsidized Guardianship Determination Meeting ........... 423

PROCEDURE VIII-L4: Subsidized Guardianship Oversight Committee Review .. 425

PROCEDURE VIII-L5: Subsidized Guardianship Agreement Finalization ............ 426

PROCEDURE VIII-L6: Guardianship Hearing for Subsidized Guardianship ......... 426

PROCEDURE VIII-L7: Annual Subsidized Guardianship Review ......................... 428

PROCEDURE VIII-L8: Placement with Successor Guardian ............................... 430

PROCEDURE VIII-L9: Appeals ........................................................................... 432

POLICY VIII-M: Resumption of Services Post-Termination and Reinstatement of

Parental Rights ............................................................................................... 433

PROCEDURE VIII-M1: Resumption of Services Post-Termination ..................... 435

PROCEDURE VIII-M2: Reinstatement of Parental Rights .................................. 436

IX. SERVICES ACCOUNTABILITY ....................................................................... 438

POLICY IX-A: INTERNAL REVIEW & ADMINISTRATIVE HEARING PROCESS ........ 438

PROCEDURE IX-A1: Internal Review of Adverse Action ................................... 438

PROCEDURE IX-A2: Appeals and Hearings of Unfavorable Decisions ............... 439

PROCEDURE IX-A3: Appeals and Hearings of True Child Maltreatment Decisions

....................................................................................................................... 439

PROCEDURE IX-A4: Regular Administrative Hearing Process .......................... 441

PROCEDURE IX-A5: Expedited Hearing Process ............................................... 443

PROCEDURE IX-A6: Preliminary Administrative Hearing .................................. 443

PROCEDURE IX-A7: Investigative File for the Administrative Hearing .............. 445

PROCEDURE IX-A8: Request for Investigation Review by Child Maltreatment

Investigations Oversight Committee ............................................................... 446

PROCEDURE IX-A9: Disclosure of Information on Overturned True Findings of

Child Maltreatment to the Legislative Oversight Committee ........................... 448

POLICY IX-B: CHILD NEAR FATALITIES AND FATALITIES .................................... 449

PROCEDURE IX-B1: Near Fatality of Child ........................................................ 451

PROCEDURE IX-B2: Disclosure of Information on Near Fatalities ..................... 452

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PROCEDURE IX-B3: Child Fatality Notification ................................................. 453

PROCEDURE IX-B4: Disclosure of Information on Fatalities ............................. 455

X. SPECIAL SERVICES ....................................................................................... 457

POLICY X-A: HOME STUDIES AND SUPERVISION .............................................. 457

PROCEDURE X-A1: Guidelines for a Home Study ............................................. 457

PROCEDURE X-A2: Content of the Home Study ............................................... 458

PROCEDURE X-A3: Supervision Record ............................................................ 459

POLICY XII-A: SERVICES TO CHILDREN OF IMMIGRANT FAMILIES .................... 460

PROCEDURE XII-A1: DCFS Response to Children of Actual or Suspected

Undocumented Immigrants ............................................................................ 460

XIII. CHILD MALTREATMENT CENTRAL REGISTRY ............................................ 463

POLICY XIII-A: CHILD MALTREATMENT CENTRAL REGISTRY ............................. 463

PROCEDURE XIII-A1: Placement of Name on the Child Maltreatment Central

Registry........................................................................................................... 463

PROCEDURE XIII-A2: Automatic Name Removal from Child Maltreatment Central

Registry........................................................................................................... 465

PROCEDURE XIII-A3: Child Maltreatment Central Registry Review Team ........ 465

PROCEDURE XIII-A4: Name Removal from Child Maltreatment Central Registry

by an Adult Offender’s Request ...................................................................... 466

PROCEDURE XIII-A5: Name Removal from Child Maltreatment Central Registry

by a Juvenile Offender’s Request .................................................................... 471

XIV. CHILD MALTREATMENT NOTICES ............................................................. 474

POLICY XIV-A: NOTICES REGARDING CHILD MALTREATMENT .......................... 474

PROCEDURE XIV-A1: Notices of Allegations of Child Maltreatment ................. 474

PROCEDURE XIV-A2: Notices of At Risk Determinations .................................. 477

PROCEDURE XIV-A3: Follow-up Notices of At Risk Determinations ................. 478

PROCEDURE XIV-A4: Notices of True Investigative Findings ............................ 480

PROCEDURE XIV-A5: Notices of Unsubstantiated Allegations of Child

Maltreatment ................................................................................................. 489

PROCEDURE XIV-A6: Notices of Overturned True Investigation Determination

....................................................................................................................... 494

PROCEDURE XIV-A7: Notices that Offender’s Name Will Be Placed in the Child

Maltreatment Central Registry ....................................................................... 501

APPENDIX 1: GLOSSARY .................................................................................. 509

APPENDIX 2: ADOPTION SUMMARY GUIDELINES ............................................ 522

APPENDIX 3: RESOURCE HOME RECORDS ....................................................... 528

APPENDIX 4: CASE RECORD ORDER FOR OUT-OF-HOME PLACEMENT CASES .. 532

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APPENDIX 5: PROTOCOL FOR FAMILY SERVICE WORKERS - Responding To

Methamphetamine and Meth Lab Exposure of Children ................................. 535

APPENDIX 6: SAFEGUARDS FOR CHILD VICTIMS TESTIFYING IN JUDICIAL AND

ADMINISTRATIVE PROCEEDINGS ..................................................................... 537

APPENDIX 7: ALTERNATIVE COMPLIANCE AND POLICY WAIVER PROTOCOL ... 538

APPENDIX 8: ARKANSAS HEALTH AND SAFETY FACTORS ................................. 544

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DCFS Acronym Guide

AA: Alcoholics Anonymous

AAL: Attorney Ad Litem

AC: Alternative Compliance

ACF: Administration for Children and Families

ACH: Arkansas Children’s Hospital

ACIC: Arkansas Crime Information Center

ACYF: Administration of Children, Youth, and Families

AD: Area Director

ADJ: Adjudication

ADC: Arkansas Department of Correction

ADE: Arkansas Department of Education

AFMC: Arkansas Foundation for Medical Care

AHELP: Arkansas Healthy Employee Lifestyle Program

AOC: Administrative Office of the Courts

APPLA: Another Planned Permanent Living Arrangement

APS: Adult Protective Services

APSR: Annual Progress and Service Report

AR BEST: Arkansas Building Effective Services for Trauma

ARCCC: Arkansas Creating Connections for Children

ASAP: Adolescent Sexual Adjustment Program

ASN: Arkansas Support Network

ASP: Arkansas State Police

ASVSP: Arkansas State Vehicle Safety Program

ATR: Access to Recovery

CAC: Child Advocacy Center

CACD: Crimes Against Children Division

The CALL: Children of Arkansas Loved for a Lifetime

CANS: Child and Adolescent Needs and Strengths

CASA: Court Appointed Special Advocate

CASSP: Child and Adolescent Service System Program

CB: Children’s Bureau

CBC: Criminal Background Check

CCC: Care Coordinating Council

CCDF: Child Care Development Fund

CCRC: Child Case Review Committee

CES: Community Engagement Specialist

CFM: Contract Finance Management

CFSR: Children and Family Services Review

CHA: Comprehensive Health Assessment

CHRIS: Children’s Reporting Information System

Division of Children and Family Services

CMHC: Community Mental Health Center

CMS: Children’s Medical Services

COBRA: Consolidated Omnibus Budget Reconciliation Act

CON: Certificate of Need

CPS: Child Protective Services

CQI: Continuous Quality Improvement

CWAL: Child Welfare Agency Licensing

CWARB: Child Welfare Agency Review Board

CWLA: Child Welfare League of America

DAAS: Division of Aging and Adult Services

DBHS: Division of Behavioral Health Sciences

DCCECE: Division of Child Care and Early Childhood Education

DCFS: Division of Children and Family Services

DCO: Division of County Operations

DCSNS: Division of Community Service and Nonprofit Support (formally known as Division of Volunteerism)

DDS: Division of Developmental Disabilities Services

DHS: Department of Human Services

DMS: Division of Medical Services

DN: Dependency-Neglect

DOB: Date of Birth

DR: Differential Response

DSB: Division of Services for the Blind

DUI: Driving Under the Influence

DV: Domestic Violence

DWI: Driving While Intoxicated

DYS: Division of Youth Services

EAP: Employee Assistance Program

EI: Early Intervention

EPSDT: Early and Periodic Screening, Diagnosis, and Treatment

FAPE: Free Appropriate Public Education

FAST: Family Advocacy and Support Tool

FBI: Federal Bureau of Investigation

FC: Foster Care

FERPA: Family Educational Rights and Privacy Act

FFSS: Foster Family Support System

FINS: Family In Need Of Services

FMLA: Family and Medical Leave Act

FSPP: Family Services Policy and Procedure Manual

FSW: Family Service Worker

HIPAA: Health Insurance Portability and Accountability Act

HSS: Health Services Specialist

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HZA: Hornby Zeller Associates

ICAMA: Interstate Compact on Adoption and Medical Assistance

ICJ: Interstate Compact for Juveniles

ICPC: Interstate Compact on Placement of Children

ICWA: Indian Child Welfare Act

IDEA: Individuals with Disabilities Education Act Division of Children and Family Services FSPP

IEP: Individual Education Plan

IFS: Intensive Family Services

IFSP: Individualized Family Service Plan

IHC: In-Home Consultation (Visit)

IM: Information Memorandum

IRIS: Incident Report Information System

LEA: Local Education Authority

LLE: Local Law Enforcement

MAPS: Multi-Agency Plan of Services

MCVAR: Mutual Consent Voluntary Adoption Registry

MDT: Multidisciplinary Team

MEPA: Multiethnic Placement Act

MOA: Memorandum of Agreement

MOU: Memorandum of Understanding

MSW: Master of Social Work

NA: Narcotics Anonymous

Non-State CBC: Federal Criminal Background Check

NRE: No Reasonable Efforts

NST: New Staff Training

OCSE: Office of Child Support Enforcement

ODT: Organizational Development and Training

OFM: Office of Fiscal Management

OHR: Office of Human Resources

OJT: On-the-Job Training

OCC: Office of Chief Counsel

OT: Occupational Therapy or Overtime

PA: Program Assistant

PC: Probable Cause

PCP: Primary Care Physician

PI: Performance Indicator or Program Instruction

PIE: Provider Invoice Entry

PIP: Program Improvement Plan

PPES: Personnel Performance Evaluation System

PPH: Permanency Planning Hearing

PRFC: Person Responsible for Care

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PRT: Permanency Roundtable

PS: Protective Services

QA: Quality Assurance (Unit)

QSPR: Quality Services Peer Review

RH: Review Hearing

RO: Regional Office

RR: Railroad Benefits

RW: Resource Worker

SACWIS: State Automated Child Welfare Information System

SAFE: Structured Analysis Family Evaluation

SDM: Structured Decision Making

SGR: State General Revenue

SIJS: Special Immigrant Juvenile Status

SNAP: Supplemental Nutrition Assistance Program

SOC: System of Care

SPU: Specialized Placement Unit

SS: Supportive Services

SSA: Social Security Administration

SSBG: Social Services Block Grant

SSI: Supplemental Security Insurance

SSN: Social Security Number

TANF: Temporary Assistance for Needy Families

TDM: Team Decision Making

TDT: Therapeutic Day Treatment

TEA: Transitional Employment Assistance

TFC: Therapeutic Foster Care

TPR: Termination of Parental Rights

TR: Travel Reimbursement

TYS: Transitional Youth Services

UAMS PACE: University of Arkansas for Medical Sciences Project for Adolescent and Child Evaluation

UTL: Unable to Locate

VA: Veterans Benefits

I. DIVISION OVERVIEW & GENERAL PROVISIONS

POLICY I-A: DIVISION MISSION, PRACTICE MODEL, POWERS & DUTIES

01/2013

MISSION STATEMENT

Our mission is to keep children safe and help families. DCFS will respectfully engage families and

youth and use community-based services and supports to assist parents in successfully caring for

their children. We will focus on the safety, permanency and well-being for all children and youth.

PRACTICE MODEL

The Arkansas child welfare practice model describes all of our efforts to renew our work with

families and aligns us more readily with our division’s mission. It reflects our goals, our

principles, our casework process, our daily interactions, and our decisions. The practice model

is the way our systems work together to serve children and families.

Our practice model unites our casework process with an approach that values and supports

families at every step of a family’s encounter with our system. The goals of our practice model

are:

• Safely keep children with their families.

• Enhance well-being in all of our practice with families.

• Ensure foster care and other placements support goals of permanency.

• Use permanent placement with relatives or other adults, when reunification is not

possible, who have a close relationship to the child or children (preferred permanency

option).

• Ensure adoptions, when that is the best permanency option, are timely, well-supported

and lifelong.

• Ensure youth have access to an array of resources to help achieve successful transition

to adulthood.

Along with our goals, we support the practice model by looking for ways to incorporate the

following principles into every encounter we have when working on behalf of families. We

believe:

• Behavior change and the work of change is a part of our daily challenge.

• Safety for children is achieved through positive protective relationships with caring

family and community members.

• Meaningful decisions require close family participation in decision-making.

• Strengths of families and supporting these strengths contribute to life-long permanent

relationships for children.

• Families’ success depends on community involvement and shared problem solving.

• Practice with families is interrelated at every step of the casework process.

• Sustainable success with families is the work of a team

• The entire system must support frontline practice to achieve positive outcomes with

families.

Division of Children and Family Services

• Every staff position, role, and activity of the Division shows continuous effort to build

and maintain professionalism.

• Skill-based training and consultation form the foundation for successful practice with

families.

• Quality improvement and accountability guide all of our work.

• How we do the work is as important as the work we do.

POWERS & DUTIES

DCFS performs the following functions and has the authority and responsibility to:

A. Coordinate communication between various components of the child welfare system.

B. Provide services to dependent-neglected children and their families.

C. Investigate reports of child maltreatment and asses the health, safety, and well-being of

children during investigations.

D. Provide services, when appropriate, designed to allow maltreated children to safely

remain in their homes.

E. Protect children when remaining in their home presents an immediate danger to their

health safety, or well-being.

F. Ensure placements support the goal of permanency for children when DCFS is

responsible for the children’s placement and care.

G. Ensure the health, safety, and well-being for children when DCFS is responsible for the

children’s placement and care.

H. Promulgate rules necessary to administer these powers and duties.

Division of Children and Family Services

POLICY I-B: CHILD WELFARE DELIVERY SYSTEM

10/2013

The Division of Children and Family Services purchases services from private and public agencies,

universities and individuals, using state and federal funds. Programs and services of other

Divisions within the Department of Human Services (DHS) may also be available to clients of

DCFS. Delivery of services is coordinated with other Divisions administering TEA/TANF Medicaid,

SNAP (Supplemental Nutrition Assistance Program), Social Services Block Grant, and other

federal entitlement programs.

The services are authorized and funded in conjunction with various state and federal laws which

govern the operation of the Division. The major federal laws governing service delivery, as

amended, are:

• Civil Rights Act: Titles 6, 7, 9

• Rehabilitation Act: Sections 503, 504

• Americans with Disabilities Act: Title II

• Social Security Act titles:

o IV-A—Block Grants to States for Temporary Assistance for Needy Families (TANF)

o IV-B—Child and Family Services

o IV-E—Federal Payments for Foster Care and Adoption Assistance

o XIX—Grants to States for Medical Assistance Programs

o XX—Block Grants to States for Social Services

• Public Laws:

o 93-207—Child Abuse and Neglect

o 94-142—Handicapped Children Act

o 96-272—Adoption Assistance and Child Welfare Act of 1980

o 105-89—Adoption and Safe Families Act of 1997

COMPLIANCE WITH CIVIL RIGHTS ACT

The Division complies with titles VI and VII of the Civil Rights Act and operates, manages, and

delivers services without regard to race, color, religion, sex, age, national origin, mental or

physical disability, veteran status, political affiliation or belief. DCFS is the designated state

agency to administer and supervise all Child and Family Services (titles IV-B and IV-E of the Social

Security Act).

COMPLIANCE WITH INDIAN CHILD WELFARE ACT

Division of Children and Family Services

The Division of Children and Family Services is respectful of the varying cultures and heritages of

the families it serves. To that end, DCFS complies with all mandates of the federal Indian Child

Welfare Act (ICWA). ICWA is a federal law regulating placement proceedings involving children

of Native American descent. ICWA mandates preventive services before removal to protect the

best interest of Native American children and to promote the stability and security of Native

American families and tribes. This includes preventing the unnecessary and arbitrary removal of

Native American children from their families and tribes and placing a Native American child who

must be removed in an available and safe home that reflects the unique values of the Native

American culture.

If a child of Native American descent is transferred from the custody of DCFS to a Tribal IV-E

agency or an Indian Tribe with a title IV-E agreement, DCFS will work in close consultation with

the applicable Native American Tribe, to ensure the transfer of custody does not affect a child's

eligibility for title IV-E or medical assistance under title XIX (Medicaid), receipt of services, or

payment under title IV-E or Medicaid. The Division will determine, if the eligibility determination

is not already completed, the child's IV-E eligibility at the time of the transfer of placement and

responsibility of care of a child to a Tribal title IV-E agency or an Indian Tribe with a title IV-E

agreement.

The Division will provide essential documents and information necessary to continue a child's

eligibility under title IV-E and Medicaid programs under title XIX to the Tribal title IV-E agency,

including, but not limited to providing:

A. All judicial determinations to the effect that continuation in the home from which

the child was removed would be contrary to the welfare of the child and that

reasonable efforts to prevent removal have been made.

B. Other documentation the Division has that relates to the child's title IV-E eligibility.

C. Information and documentation available to the Division regarding the child's

eligibility or potential eligibility for other Federal benefits.

D. The case plan, including health and education records of the child; and,

E. Information and documentation of the child's placement settings, including a copy

of the most recent provider's license or approval.

COMPLIANCE WITH MULTIETHNIC PLACEMENT ACT

The Division also complies with the Multiethnic Placement Act (MEPA) in making foster care and

adoptive placements. The act provides for assessment of individual liability to staff for knowingly

violating MEPA requirements.

The Multiethnic Placement Act prohibits delaying or denying the placement of a child for

adoption or foster care on the basis of race, color, or national origin of the adoptive or foster

parent or the child involved; and prohibits denying any individual the opportunity to become a

foster or adoptive parent on the basis of the prospective parent’s or the child’s race, color, or

national origin.

Division of Children and Family Services

MEPA also requires that to remain eligible for federal assistance for their child welfare programs

states must diligently recruit foster and adoptive parents who reflect the racial and ethnic

diversity of the children in the state who need foster and adoptive homes.

Consideration of race, color, or national origin is permissible only when an individual

determination is made that the facts and circumstances of a particular case require the

consideration of race, color, or national origin in order to advance the best interests of the child

in need of placement. The Division’s compliance with the Indian Child Welfare Act of 1978 (P.L.

95-608) does not violate MEPA.

Division of Children and Family Services

POLICY I-C: DIVISION VOLUNTEERS

04/2018

Because families’ success depends on community involvement, DCFS volunteers are an integral

part of the child welfare system working to improve outcomes for children and families. Division

volunteers may serve in a variety of capacities based on their interests, skill-level, and training.

Regardless of the role volunteers may play, all volunteers are responsible for ensuring the proper

care, treatment, safety, and supervision of the children they serve. Volunteers must be at least

21 years of age with the exception of stipend and non-stipend interns who must be at least 18

years of age.

A County Office Volunteer Designee will be established in each DCFS county office to assist and

support local volunteers. The DCFS Statewide Volunteer Coordinator in Central Office will help

process volunteer applications and provide technical assistance to local County Office Volunteer

Designees. The DCFS Statewide Volunteer Coordinator will also serve as the direct point of

contact for community organizations that recruit volunteers to then support DCFS activities.

Community organizations (e.g., The CALL, Project Zero, etc.) that recruit their own volunteers to

then provide assistance to DCFS staff and clients also play a vital role in supporting children and

families and are valued DCFS partners. Each Community Organization Liaison will be responsible

for submitting all required background checks and other application materials for their agency

volunteers to the DCFS Statewide Volunteer Coordinator. After the background check results

have been received and approved by DCFS, the Community Organization Liaison will also be

responsible for updating these background checks every two years for those individuals who

continue to serve as volunteers for that agency.

All prospective volunteers who have direct and unsupervised contact with children must be

cleared through the Arkansas Child Maltreatment Central Registry and through a State Police

Criminal Record Check. The Division will request any other state where the prospective volunteer

has resided in the preceding five years to check its child abuse and neglect registry, if available,

and in the person’s state of employment, if different, for reports of child maltreatment, if

available. Any prospective volunteer who has not lived in Arkansas continuously for the past five

years must also clear an FBI fingerprint-based Criminal Background Check. A Vehicle Safety Check

(i.e., driving record) and a copy of proof of auto insurance are also required for all prospective

volunteers who will have direct and unsupervised contact with children and other clients. Once

a volunteer is approved, all background checks will be run every two years thereafter as long as

an individual remains a volunteer with DCFS.

Volunteers who will not have direct contact with children and clients are not required to

complete background checks.

Division of Children and Family Services

All volunteers will maintain confidentiality of children and families served by DCFS and will sign a

confidentiality agreement to this effect. Confidentiality applies to verbal, written and/or

electronic transmittal of information. Volunteers will not have unsupervised access to CHRIS.

Volunteers will be supervised by an appropriate staff person. A volunteer who works

unsupervised and substitutes as staff must meet the qualifications required for a paid employee

in that position.

Volunteers not serving in a foster or adoptive capacity are required to earn at least five hours of

continuing education hours each year following the completion of their first year of volunteer

service.

Volunteers approved by DHS to transport children in foster care or DHS clients or to supervise

visits at the request of DHS shall not be liable to the children in foster care, DHS clients, or the

parents or guardians of children in foster care for injuries to the children or clients caused by the

acts or omissions of a volunteer unless the acts or omissions constitute malicious, willful, wanton,

or grossly negligent conduct.

An approved volunteer who performs home studies without compensation shall have immunity

from liability as provided for state officers and employees. While a home study volunteer may be

recruited through any organization operating under a memorandum of understanding with DHS

for the completion of home studies, only DHS will approve the home study volunteer.

If at any point during the volunteer application and assessment process the Division determines

that an applicant does not meet the standards or any other criteria for a DCFS volunteer, then

the Division will deny approval of the volunteer. If at any time during the course of an approved

volunteer’s service with DCFS it is determined that the volunteer poses a risk to children, then

the Division will terminate the volunteer’s services immediately.

In the interest of providing stability for children and families, DCFS recruits relatives and fictive

kin as volunteers for their specific family members. Relative and fictive kin applicants must be

cleared through the Arkansas Child Maltreatment Central Registry and through a State Police

Criminal Record Check as well as meet driving requirements established by the Division. The

Division will request any other state where the prospective volunteer has resided in the

preceding five years to check its child abuse and neglect registry, if available, and in the person’s

state of employment, if different, for reports of child maltreatment, if available.

If approved, these relative and fictive kin volunteers are available to provide transportation for

their family members and will not be allowed to participate as a volunteer for DCFS in any other

manner. Because the relative and fictive kin volunteers will serve in a case specific role, DCFS will

make exceptions to the volunteer application process, such as completing only the necessary

background check forms rather than the entire volunteer packet, to expedite the availability of

the relative and fictive kin volunteers to provide services for their family members.

Division of Children and Family Services

PROCEDURE I-C1: Volunteer Application Process and Approval

04/2018

The DCFS County Office Volunteer Designee or Community Organization Liaison will:

A. Provide volunteer applicant with a Volunteer Packet and instructions on completion.

1) The forms in the Volunteer Packet that the volunteer applicant will receive are:

a) CFS-050-A: DCFS Volunteer Opportunities

b) CFS-050-C: DCFS Volunteer Application

c) CFS 050-D: DCFS Volunteer Confidentiality Statement

d) CFS-050-E: Volunteer Agreement

e) CFS-316: Request for Child Maltreatment Central Registry Check

f) CFS-342: State Police Criminal Record Check

g) FBI fingerprint card (if not using harvester) for any volunteer applicant who has

not lived continuously in Arkansas for the past five years

h) CFS-593: Arkansas State Vehicle Safety Program Additional Requirements for DCFS

Drivers

i) VSP-001: Authorization to Operate State Vehicles and Private Vehicles on State

Business

j) VSP-002: Authorization to Obtain Traffic Violation Record

k) Arkansas State Vehicle Safety Program Manual

2) The forms in the Indirect Service Volunteer Packet that the volunteer applicant will

receive are:

a) CFS-050-C: Volunteer Application

b) CFS-050-D: Confidentiality Statement

c) CFS-050-E: Volunteer Agreement

B. Ask applicant to submit a W-9 if the volunteer plans to transport clients and wishes to be

reimbursed for mileage.

C. Answer volunteer applicant questions, as applicable

D. Collect the Volunteer Packet forms listed above from the applicant once all forms have

been completed including the volunteer applicant’s W-9, if applicable.

E. Review Volunteer Packet forms submitted by volunteer applicant.

F. Call the references listed on the application to gather more information.

G. Complete Section A of CFS-050-B: DCFS Volunteer Checklist, as appropriate, to ensure

that all documents required of volunteer applicant have been completed.

H. Forward the completed Volunteer Packet, including CFS-050-B: DCFS Volunteer Checklist,

to DCFS Statewide Volunteer Coordinator, Slot S-565 for processing and approval.

Division of Children and Family Services

I. Provide the transaction number (upon receipt from DCFS Volunteer Coordinator) to

volunteer applicants who have not lived in Arkansas continuously for the past five years

and who choose to use the harvester to conduct the FBI Fingerprint-based Criminal

Background Check.

J. If approval of volunteer is received from the DCFS Statewide Volunteer Coordinator via

completed CFS-050-B: DCFS Volunteer Checklist:

1) Inform volunteer as soon as possible.

2) Assign volunteer an appropriate point of contact in the county office prior to

commencement of any volunteer activities.

3) Provide DCFS orientation to volunteer prior to commencement of any volunteer

activities, but preferably within two weeks of approval notification to volunteer.

4) Establish mutually agreed upon schedule for volunteer.

5) Complete Section C of CFS-050-B: DCFS Volunteer Checklist and file in volunteer

record.

6) Handle complaints as needed.

7) Notify DCFS Statewide Volunteer Coordinator if volunteer quits or is asked to

leave.

K. If approval of volunteer is not received from DCFS Statewide Volunteer Coordinator:

1) Inform volunteer as soon as possible.

2) Place copy of completed CFS-050-B: DCFS Volunteer Checklist in volunteer

applicant record.

The DCFS Statewide Volunteer Coordinator will:

A. Review forms in the Volunteer Packet using CFS-050-B DCFS Volunteer as a guide to

ensure all required volunteer applicant forms have been completed and submitted.

B. Mail a thank you post card to the volunteer applicant.

C. Route all background check request forms to the appropriate units.

1) Submit the completed CFS-316: Request for Child Maltreatment Central Registry

Check to the Central Registry Unit for each volunteer applicant. The CFS-316 must be

notarized. The Child Maltreatment Central Registry Check shall be repeated every two

years.

a) Route each completed CFS-316 to the Central Registry Unit.

b) Document results in CHRIS.

2) Submit the completed CFS-342: State Police Criminal Record Check for each volunteer

applicant. The CFS-342 must be notarized. The State Police Criminal Record Check

shall be repeated every two years.

a) Route each completed CFS-342 to the Criminal Records Unit.

Division of Children and Family Services

b) Document eligible or ineligible results in CHRIS.

3) Submit the signed CFS-593, VSP-1, and VSP-2 to the Vehicle Safety Program

Coordinator along with a clear copy of the driver’s license for each volunteer

applicant.

a) Copy the front and back of the driver’s license.

b) Document results in CHRIS.

4) For all volunteer applicants who have not lived in Arkansas continuously for the past

five years, submit the appropriate paperwork for an FBI fingerprint-based Criminal

Background Check to the DCFS Criminal Records Unit to process this check and

collaborate with the Criminal Background Check Unit accordingly. There are two

options for processing the FBI check:

a) Electronic Fingerprint Scanning

i. Volunteer applicants do NOT need to fill out an FBI fingerprint card, as a

request for electronic scanning will be done via CFS-342: State Police

Criminal Record Check.

ii. The Criminal Records Unit will use the CFS-342: State Police Criminal

Record Check to get a transaction number from the State Police.

iii. The Criminal Records Unit will forward the transaction number to the DCFS

Statewide Volunteer Coordinator.

iv. The DCFS Statewide Volunteer Coordinator will forward the transaction

number to the DCFS County Volunteer Designee or Community

Organization Liaison to then forward to the volunteer applicant.

v. Applicants must go to an approved Electronic Harvester to have

fingerprints scanned.

b) Ink Fingerprint

i. Volunteer applicants will complete CFS-342: State Police Criminal Record

Check and the FBI fingerprint card with good, unsmudged prints. Take care

not to staple through the fingerprints on the FBI fingerprint card.

ii. If the prints are not readable, the volunteer will have to re-submit.

Volunteer applicants may not use an Electronic Harvester if they have

already submitted ink fingerprints and the attempt was unsuccessful.

iii. If a legible set of fingerprints cannot be obtained after a minimum of two

attempts, a name-based FBI check will be conducted instead.

D. Enter all other required volunteer data into the volunteer management spreadsheet or

CHRIS, as applicable.

E. Maintain other records and correspondence with county office staff and Community

Organization Liaisons regarding volunteers.

Division of Children and Family Services

F. Notify County Office Volunteer Designee or Community Liaison, as appropriate, with

approval or denial status of volunteer via completed CFS-050-B: DCFS Volunteer Checklist

for record keeping purposes.

G. Maintain a copy of the CFS-050-B: DCFS Volunteer Checklist for record keeping purposes.

H. Assist county office staff and Community Organization Liaisons with orientations for new

volunteers as needed/upon request.

I. Assist county office staff and Community Organization Liaisons with trouble-shooting

volunteer-related issues.

J. Document in volunteer management spreadsheet or CHRIS, as applicable, when

volunteer resigns or is asked to leave, as applicable.

Division of Children and Family Services

PROCEDURE I-C2: Volunteer Background Check Renewals

04/2018

The DCFS Statewide Volunteer Coordinator will:

A. Mail the following to the volunteer’s home address (as identified in CHRIS) at least 30

business days prior to the volunteer’s two-year anniversary of his/her last processing of

background checks:

1) A cover letter:

a) Thanking volunteer for his/her volunteer service

b) Reminding the volunteer that he or she is required to earn five hours of continuing

education credit annually following the completion of the first year of volunteer

service

c) Explaining that his/her background checks will expire soon and must be renewed

d) Requesting volunteer to complete all enclosed background check forms and

return them to the DCFS Central Office Policy Unit within two weeks of receipt

e) Informing volunteer that if all enclosed background check forms are not

completed and returned to the DCFS Statewide Volunteer Coordinator within the

required timeframe, he or she will no longer be eligible to serve as a DCFS

Volunteer

f) Requesting volunteer to provide copies of his or her training completion

certificates earned over the last year

2) CFS-316: Request for Child Maltreatment Central Registry Check

3) CFS-342: State Police Criminal Record Check

B. After mailing the information listed above, notify volunteer’s County Office Volunteer

Designee or Community Organization Liaison, as applicable, that volunteer’s background

checks must be renewed as soon as possible and that required forms have been mailed

to the volunteer.

C. If volunteer does not return all completed background check forms and copies of training

certificates within requested timeframes outlined in aforementioned cover letter:

1) Contact volunteer by phone prior to his/her two-year anniversary of the last

processing of background checks to request that he/she complete and return required

background check forms within one week.

2) Document conversation (or attempt to contact) with volunteer in the volunteer

management spreadsheet or CHRIS, as applicable.

3) If volunteer still does not return completed background checks and copies of training

certificates within required timeframe:

a) Document in the volunteer management spreadsheet or CHRIS, as applicable, that

volunteer is no longer eligible to serve as a volunteer.

Division of Children and Family Services

b) Send a letter to the former volunteer informing him/her that he/she is no longer

eligible to serve as a volunteer.

c) Notify the volunteer’s County Office Volunteer Designee via e-mail that the

volunteer may no longer serve as a volunteer in the county office.

d) Submit returned background check forms to applicable background check units

for processing (see Procedure (I-D1 above).

e) Notify County Office Volunteer Designee or Community Organization Liaison, as

appropriate, with approval or denial status of volunteer based on the background

check re-evaluation.

The County Office Volunteer Designee or Community Organization Liaison will:

A. Work with the DCFS Statewide Volunteer Coordinator and volunteer as needed to ensure

that volunteer’s background checks are renewed when required.

B. If volunteer does not renew required background checks in required timeframe, ensure

he/she no longer provides services to/at the local county office or through the community

organization that helps to support DCFS.

PROCEDURE I-C3: Relative and Fictive Kin Volunteer Application and Process for

Approval

04/2018

The FSW will:

A. Ensure that relatives and fictive kin who have already been approved as a provisional

placement resource for a child under Policy VI-B are not referred for processing as a

relative or fictive kin volunteer (individuals already approved as provisional placement

resources may also transport the relative/fictive kin child).

B. If the relative or fictive kin transporter appears viable, interview the child, if age

appropriate, to assess how the child may feel about routine contact with that person

and make individualized decisions on a case-by-case basis in the best interest of the

child.

C. Speak with the applicant and with the biological family to determine the current

status of their relationship.

D. Provide volunteer applicant with a Volunteer Packet and instructions on completion.

The forms in the Volunteer Packet that the relative/fictive kin volunteer applicant will

receive are:

1) CFS-316: Request for Child Maltreatment Central Registry Check

2) CFS-342: State Police Criminal Record Check

Division of Children and Family Services

3) FBI fingerprint card (if not using harvester) for any volunteer applicant who

has not lived continuously in Arkansas for the past five years

4) CFS-593: Arkansas State Vehicle Safety Program Additional Requirements for

DCFS Drivers

a) VSP-001: Authorization to Operate State Vehicles and Private Vehicles

on State Business

b) VSP-002: Authorization to Obtain Traffic Violation Record

5) W-9 Form

B. Arkansas State Vehicle Safety Program Manual/Answer volunteer applicant

questions, as applicable

C. Collect and review the Volunteer Packet forms listed above from the applicant once

all forms have been completed.

D. Route all background check request forms to the appropriate units.

1) Submit the completed CFS-316: Request for Child Maltreatment Central

Registry Check to the Central Registry Unit for each volunteer applicant. The

CFS-316 must be notarized. The Child Maltreatment Central Registry Check

shall be repeated every two years.

a) Route each completed CFS-316 to the Central Registry Unit.

b) Document results in CHRIS relative volunteer tab of “collateral” screen.

2) Submit the completed CFS-342: State Police Criminal Record Check for each

volunteer applicant. The CFS-342 must be notarized. The State Police Criminal

Record Check shall be repeated every two years.

a) Route each completed CFS-342 to the Criminal Records Unit.

b) Document eligible or in-eligible results in CHRIS relative volunteer tab

of “collateral” screen.

3) Submit the signed CFS-593, VSP-1, and VSP-2 to the Vehicle Safety Program

Coordinator along with a clear copy of the driver’s license for each volunteer

applicant.

a) Copy front and back of driver’s license.

b) Document results in CHRIS relative volunteer tab of “collateral” screen.

4) Work with the DCFS Criminal Records Unit to process an FBI fingerprint-based

Criminal Background Check for all volunteer applicants who have not lived in

Arkansas continuously for the past five years. There are two options for

processing the FBI check:

a) Electronic Fingerprint Scanning

Division of Children and Family Services

i. Volunteer applicants do NOT need to fill out an FBI fingerprint card,

as a request for electronic scanning will be done via CFS-342: State

Police Criminal Record Check.

ii. The DCFS County Supervisor or designee will route the completed

CFS-342: State Police Criminal Record Check to the DCFS Criminal

Records Unit.

iii. The Criminal Records Unit will use the CFS-342: State Police

Criminal Record Check to get a transaction number from the State

Police.

iv. The Criminal Records Unit will forward the transaction number to

the DCFS County Supervisor or designee requesting the checks.

v. The DCFS County Supervisor or designee will forward the

transaction number to the relative/fictive kin volunteer applicant.

vi. Applicants must go to an approved Electronic Harvester to have

fingerprints scanned.

vii. The DCFS County Supervisor or designee will document eligible or

ineligible results in CHRIS.

b) Ink Fingerprint

i. Volunteer applicants will complete CFS-342: State Police Criminal

Records Check and the FBI fingerprint card with good, un-smudged

prints. Take care not to staple through fingerprints on the FBI

fingerprint card.

ii. If the prints are not readable, the volunteer will have to re-submit.

Volunteer applicants may not use and Electronic Harvester if they

have already submitted ink fingerprints and the attempt was

unsuccessful.

iii. If a legible set of fingerprints cannot be obtained after a minimum

of two attempts, a name-based FBI check will be conducted

instead.

iv. The DCFS County Supervisor or designee will work with the Criminal

Records Unit to process the check.

5) Enter all other required volunteer data in CHRIS relative and fictive kin tab of

“collateral” screens.

E. Provide the transaction number (upon receipt from DCFS Central Office) to volunteer

applicants who have not lived in Arkansas continuously for the past five years and who

choose to use the harvester to conduct the FBI Fingerprint-based Criminal Background

Check.

Division of Children and Family Services

F. If approval of volunteer is received via conference with Supervisor (based on

background check results and consultation about FSW’s assessment of the volunteer’s

appropriateness for contact with the family):

1) Inform volunteer as soon as possible.

2) Assign volunteer an appropriate point of contact in the county office prior to

commencement of any volunteer activities.

3) Provide W-9 to area Financial Coordinator and work with Financial Coordinator

to obtain the volunteer applicant’s assigned ASSIS vendor number.

4) Provide DCFS orientation to volunteer prior to commencement of any

volunteer activities, but preferably within two weeks of approval notification

to volunteer.

a) DCFS Travel Forms

b) ASSIS vendor number for completion of travel reimbursement requests

c) Case specific information pertaining to the location, frequency,

duration and supervision requirements for parent-child or sibling

visitation as appropriate.

5) Establish mutually agreed upon schedule for volunteer.

6) Handle complaints as needed.

7) Notify DCFS Central Office Foster Care Unit and Area Director if volunteer quits,

concerns or issues arise or the volunteer is asked to leave.

G. If approval of volunteer is not received from Supervisor:

1) Inform volunteer as soon as possible.

H. Document in CHRIS when volunteer resigns or is asked to leave, as applicable.

Division of Children and Family Services

POLICY I-D: OFFICIAL RECORD KEEPING & ACCESS TO OFFICIAL RECORDS

05/2014

The official record of child welfare information for DCFS is maintained through the Children’s

Reporting Information System (CHRIS). CHRIS is a fully automated, worker-based child-welfare

information system. Data input instructions for the CHRIS Applications are included throughout

the Division of Children and Family Services Policy and Procedure Manual.

CHRIS is overseen by the Division of Administrative Services, Office of Technology (OST). OST is

responsible for enhancements to the CHRIS Application, data monitoring, Help Desk function,

and some specialized training.

In instances when information is not able to be entered into CHRIS, some hard copies (e.g., forms

with signatures, medical records, education records, etc.) are also considered part of the official

record. 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.

DCFS employees with access to CHRIS are prohibited from accessing and/or viewing any CHRIS

information regarding investigative reports and/or open cases to which he or she is not assigned

unless:

A. Permission from his or her supervisor is granted to view the information; or,

B. The employee is the supervisor for that report and/or open case.

This prohibition extends to any DCFS employee or provider with access to CHRIS who is a “subject

of the report” as defined in Child Maltreatment Act. This rule holds regardless of whether the

information is restricted or not to the DCFS employee or provider.

DCFS supervisors are prohibited from accessing and/or viewing investigative report or open case

information in CHRIS if the interest in the report or case is personal (i.e., not professionally

related).

DCFS employees and providers are also prohibited from accessing and/or viewing any

information in CHRIS if the interest in the investigation and/or case is personal (e.g., a friend,

family member, present or former colleague, etc. is involved in the report or case).

RECORD RETENTION SCHEDULE

A. Retain all information in the automated data system indefinitely to assist the

Department in assessing future risk and safety.

B. Records of all cases where allegations are determined to be true shall be retained by the

Child Maltreatment Central Registry and all hard copy records with true determinations

shall be retained forever.

Division of Children and Family Services

C. Hard copy records of unsubstantiated reports are not part of the Child Maltreatment

Central Registry. They will be destroyed by the investigating agency at the end of the

month in which the determination is made.

D. Records of all cases where allegations are determined to be unsubstantiated shall not

be included in the Child Maltreatment Central Registry.

E. Retain all child protective services, differential response, out-of-home placement

services, and supportive services for five years after the youngest child turns 21 years

old. Retain all other client files for five years after the file is closed or the last case

activity.

F. Retain all foster and adoptive applicant files that are denied for three (3) years from the

date that the applicant is informed of the decision.

G. Retain all foster and adoptive applicant files where no decision is rendered due to

incomplete process for three (3) years from the date of the last documented

communication with the applicant.

H. Retain all adoption records for 99 years.

I. Retain all rules until superseded. Superseded rules must be retained on as-needed

basis.

J. Retain all records relating to a person or entity contracting with DHS for five years after

the contract ends or is terminated.

K. Retain all administrative records including programmatic financial records for five years

after the end of the biennium in which the records were produced.

Division of Children and Family Services

POLICY I-E: CONFIDENTIALITY

01/2020

OVERVIEW

The Division of Children and Family Services (DCFS or Division) is committed to best practice in

relation to respecting client confidentiality. Information is confidential if it is not intended to be

disclosed to persons other than those to whom disclosure is allowed under the statute. All

employees of the Division shall maintain the confidentiality of children and families served by

DCFS. Confidentiality applies to verbal, written and/or electronic transmittal of information

including information in CHRIS.

No DCFS employee may accept employment or engage in any activity while serving as a DCFS

employee, which might reasonably be expected to require or induce the employee to disclose

confidential information. In addition, no DCFS employee may disclose confidential information

or use confidential information for the gain or benefit of the employee or person in a close,

personal relationship to the employee.

INVESTIGATIVE RECORDS

Child maltreatment investigative data, records, reports, and documents are confidential and

may only be disclosed as provided for in the Child Maltreatment Act codified at A.C.A. § 12-18-

101 et seq.

If a DCFS employee wrongfully discloses confidential information, he or she is guilty of a Class A

misdemeanor and can lose his or her job. For a Class A misdemeanor, the sentence shall not

exceed one year in the county jail and a $1,000 fine. See A.C.A. §12-18-205.

IN-HOME AND FOSTER CARE CASE RECORDS

Reports, correspondence, memoranda, case histories, or other materials related to protective

services and foster care records, shall be confidential and shall not be released or otherwise made

available, except to the extent permitted by federal and state law and only as listed below. This

includes protected health information compiled or received by a licensee or a state agency

engaged in placing a child.

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

B. For adoptive placements, as provided by the Revised Uniform Adoption Act, § 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.

1) However, the licensee or state agency may redact information from the record

such as the name or address of foster parents or providers when it is in the best

interest of the child.

2) The licensee or state agency shall redact counseling records, psychological or

psychiatric evaluations, examinations or records, drug screens or drug

Division of Children and Family Services

evaluations, or similar information concerning a parent if the other parent is

requesting a copy of a record;

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.

1) Health care providers include doctors, nurses, emergency medical technicians,

counselors, therapists, mental health professionals, and dentists;

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. 1)

1) However, information contained in records released by the Department to the

foster parent about the parents or guardians and any siblings not in the foster

home will not be re-disclosed by the foster parent and will only be used to assist

the foster parent in the care of the child placed in the foster parent’s home (see

Policy VII-H: Providing Information to Foster Parents);

I. To the Child Welfare Agency Review Board. However, at any board meeting no

information which identifies by name or address any protective services recipient or

foster care child shall be orally disclosed or released in written form to the general public;

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; or

S. To individual federal and state representatives and senators in their official capacity, and

their staff members, with no re-disclosure of information.

1) No disclosure shall be made to any committee or legislative body of any

information which identifies by name or address any recipient of services;

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;

Division of Children and Family Services

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.

1) Any confidential information provided for a research or evaluation project shall

not be re-disclosed or published.

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.

FOSTER CARE AND ADOPTIVE RECORDS

Foster home and adoptive home records are confidential and shall not be released except:

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.

Division of Children and Family Services

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.

ADOPTION RECORDS

Non-identifying information from finalized records can only be released by the Arkansas Mutual

Consent Voluntary Adoption Registry. Identifying information from a finalized record can only

be released by court order.

RELEASE OF INFORMATION REQUESTS REGARDING CHILD IN FOSTER CARE

When a release of information regarding a child is requested, the FSW shall take the necessary

steps to guard the confidentiality of personal information. The steps include:

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 swill 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.

Division of Children and Family Services

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.

FREEDOM OF INFORMATION ACT

Personnel records can be disclosed to the public, unless to do so would clearly be an

unwarranted invasion of privacy. Therefore, the Department can not release the Social Security

Number, school transcripts, or PPES information of any staff unless that person has been

suspended or terminated as a result of his/her PPES score. Grievance information becomes

public record after the grievance process is completed if a grievance is appealed to the State

Grievance Review Committee. If the grievance is not appealed to the state level, the discipline

does not become public record. See A.C.A §25-19-105.

Any data, records, reports, or documents that are created, collected, or compiled by or on

behalf of DHS, the Department of Arkansas State Police, or other entity authorized under A.C.A

§12-18-101 et seq. to perform investigations or provide services to children, individuals, or

families shall not be subject to disclosure under the Freedom of Information Act of 1967, A.C.A

§25-19-101 et seq.

Division of Children and Family Services

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:

A. Accept referrals from families, community agencies, or other DHS Divisions via the DHS-

3300: Information and Referral.

B. Collect and assess information about the family’s strengths and needs utilizing the Family

Advocacy and Support Tool (FAST).

C. Develop a supportive services case plan based on the needs and strengths identified via

the FAST within 30 days of case opening.

D. Refer to other Divisions/agencies as appropriate via the DHS-3300.

Division of Children and Family Services

POLICY II-B: DIFFERENTIAL RESPONSE

08/2015

OVERVIEW

Differential Response (DR) is a family engagement approach that allows the Division to respond

to reports of specific, low risk allegations of child maltreatment with a Family Assessment (FA)

rather than the traditional investigative response. The goals of Differential Response are to

prevent removal from the home and strengthen the families involved. As with investigations,

Differential Response is initiated through accepted Child Abuse Hotline reports and focuses on

the safety and well-being of the child and promotes permanency. Having two different response

options in the child welfare system recognizes that there are variations in the severity of the

reported maltreatment and allows for a Differential Response or an investigation, whichever is

most appropriate, to respond to reports of child neglect.

Investigations require the gathering of forensic evidence in order to formally determine whether

there is a preponderance of evidence that child abuse or neglect has occurred. Differential

Response is an approach that uses a non-adversarial, non-accusatory Family Assessment

approach. With DR, there is no finding of “substantiated” or “unsubstantiated”, and no one is

identified as a perpetrator or offender. Community involvement and connecting families to

informal, supportive resources in their local communities are crucial aspects to a successful

intervention for all types of cases, but particularly for DR.

Differential Response is more likely to create situations where a family is receptive to services

and is more likely to engage in those services. DR involves a comprehensive and collaborative

Family Assessment that includes an assessment of:

A. The child’s safety;

B. Any underlying issues, needs, or additional child maltreatment concerns that may not

have been identified in the original hotline report; and,

C. The family’s strengths.

Differential Response also provides services to meet the family’s identified needs, and support

positive parenting. Services may include referrals, formal or informal services, and/or supports

required to help meet the needs of the family and/or address the conditions or issues that

resulted in the child maltreatment report.

The information obtained through the Family Assessment will be used to create a Family Plan, if

applicable, which will be designed to strengthen protective factors within the family and mitigate

any risk factors facing the family.

DIFFERENTIAL RESPONSE ELIGIBILITY CRITERIA

All of the following factors must be present for a report to be assigned to Differential Response:

Division of Children and Family Services

A. Identifying information for the family members and their current address or a means to

locate them is known at the time of the report;

B. The alleged perpetrators are parents, birth or adoptive, legal guardians, custodians, or

any person standing in loco parentis;

C. The family has no pending investigation or open protective services or supportive

services case;

D. The alleged victims, siblings or other household members, are not currently in the care

and custody of Arkansas Department of Children and Family Services or wards of the

court;

E. Protective custody of the children has not been taken or required in the current

investigation; and,

F. The reported allegations shall only include:

1) Inadequate Supervision

2) Inadequate Food

3) Inadequate Clothing

4) Inadequate Shelter

5) Educational Neglect

6) Environmental Neglect

7) Lock Out

8) Medical Neglect

9) Human bites

10) Sprains/dislocations

11) Striking a child age seven or older on the face

12) Striking a child with a closed fist

13) Throwing a child

The following circumstances involving the allegations prohibit the report from being assigned to

a Differential Response pathway:

A. Inadequate Supervision reports involving a child or children under the age of five or a

child five years of age and older with a physical or mental disability which limits his or

her skills in the areas of communication, self-care, self-direction, and safety will be

assigned the investigative pathway.

B. Educational Neglect reports involving a child that was never enrolled in an educational

program.

C. Environmental Neglect reports involving a child or children under the age of three; and

those situations in which the hotline assesses an immediate danger to the child’s health

or physical well-being based upon the severity.

Division of Children and Family Services

D. Lock out reports involving a child or children under the age of ten; and those situations

in which the hotline assesses an immediate danger to the child’s health or physical well-

being based upon the severity.

E. Medical Neglect reports involving a child or children under the age of 13 or a child with

a severe medical condition that could become serious enough to cause long-term harm

to the child if untreated will be assigned the investigative pathway.

F. Reports of human bites, sprains/dislocations, striking a child age seven or older on the

face, striking a child with a closed fist, and throwing a child when these allegations

occurred:

1) Less than one year ago; and/or,

2) If the caller to the hotline can verify an injury either through physical signs (e.g.,

scarring), medical information, dated photographs, etc.

If upon initial DR contact with the family it is determined that there are additional children in

the home who were not included in the hotline report and whose ages would, as outlined

above, prohibit assignment to the Differential Response pathway, the DRT Supervisor and

Specialist shall assess on a case by case basis whether a case will remain a DR case or be

reassigned to the investigative pathway.

DIFFERENTIAL RESPONSE TIMEFRAMES

Face-to-face contact with the victim child(ren) and at least one (1) parent/caregiver involved in a

Differential Response report must take place in the victim child(ren)’s home within 72 hours of

receipt of the initial hotline report. All other household members must be seen face-to-face

within five days of receipt of the initial hotline report. Differential Response cases are intended

to be short-term lasting no longer than 30 days with the possibility of only two 15-day extensions

if necessary. If a DR case is not closed by the end of 30 days or the allowed extension timeframes,

then it will be closed or reassigned as a Supportive Services case or as an investigation as

appropriate.

DIFFERENTIAL RESPONSE TEAM

Family Assessments will be conducted by specific Differential Response Teams (DCFS teams or

contract provider teams) whose role is to assess for safety and strengths, identify service needs,

and arrange for the services to be put in place. The local Differential Response Team (DRT) may

consist of up to three primary roles:

A. DRT Supervisor - Provides management services including review and approval of

assessments, case plans, and appropriateness of service referrals, case file

documentation, service extensions, and requests to close family assessment cases.

B. DRT Specialist(s) - Initiates contact with family and assumes the role of the family’s

advocate and case manager.

C. DRT Program Assistant(s) – Provides support and assistance as needed to the DRT

Specialist(s) and families involved in DR cases.

Division of Children and Family Services

At minimum, a local Differential Response Team will be comprised of a DRT Supervisor and a

DRT Specialist.

REASSIGNMENTS FROM DIFFERENTIAL RESPONSE TO INVESTIGATIONS

If DCFS is unable to conduct a Health and Safety Assessment and/or the case information

indicates that a refusal to participate in the DR Family Assessment or associated services

compromises a child’s safety, the case will be reassigned to the investigative pathway. If DCFS

conducts the Health and Safety Assessment and does not identify a safety factor, but a need is

identified, a DR case will be opened in order to address the need with appropriate services. If

neither a safety factor nor a need is identified, then the family may decline services.

If the family complies with the Family Plan, the services will continue to be provided through the

DR case. If the family does not comply with the Family Plan, then the case will be reassigned to

investigations.

If upon initial contact with the family an additional Priority II child maltreatment allegation (not

related to the allegation connected to the DR referral provided by the Child Abuse Hotline) is

identified by the DR Team, the DRT Specialist will contact the DCFS DR Coordinator or designee

to add the additional Priority II allegation to the DR referral.

If upon initial contact with the family a Priority I child maltreatment allegation is identified by the

DR Team, the DRT Specialist will immediately call the Child Abuse Hotline to the report the new

Priority I allegation and then notify the DR Coordinator or designee of the new Priority I report.

If at any time during the DR service delivery period the DRT Specialist, contract provider, or other

service provider has reasonable cause to believe that a safety factor is present and, as such, the

child’s health and/or physical well-being are in immediate danger (as related to the allegation(s)

for which the initial DR referral was made), then the DRT Supervisor should contact the DCFS DR

Coordinator or designee immediately for reassignment of the case to the investigative pathway.

If at any time during the DR service delivery period the DRT Specialist, contract provider, or other

service provider identifies a new child maltreatment allegation (not related to the allegation

connected to the DR referral) a call will be made immediately to the Child Abuse Hotline by the

individual who suspects the new child maltreatment allegation.

REASSIGNMENTS FROM INVESTIGATIONS TO DIFFERENTIAL RESPONSE

If upon initial review of the hotline investigation referral it is determined that the referral is

eligible for Differential Response, the local DCFS Supervisor may send an email request to the

Child Abuse Hotline to assess for reassignment to the Differential Response pathway.

Division of Children and Family Services

Procedure II-B1: Child Abuse Hotline Referral to Differential Response

07/2020

The Child Abuse Hotline Worker will:

A. Receive and document all child maltreatment allegation reports with sufficiently

identifying information as defined by Arkansas law. Situations in which the hotline

assesses as an immediate danger to the child’s health and physical well-being based

upon the severity of the allegations shall be excluded from the Differential Response

pathway and referred to DCFS as an investigation.

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 wills 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:

1) Reason(s) the reporter suspects child maltreatment and how the reporter

acquired the information;

2) Current risk of harm to the child;

3) Mental and physical condition of alleged offender;

4) Potential danger to staff assessing the report;

5) Identity and location of possible witnesses or persons knowledgeable about the

alleged child maltreatment;

6) Relevant addresses and directions;

7) Licensing authority and facility involved (if applicable).

E. Prioritize the report by keying the “Ref. Accept” screen. Central Registry Search results is

a mandatory field on this screen.

F. If the referral meets the Differential Response eligibility criteria noted above, forward

the report to the Differential Response Coordinator or designee for assessment along

with any pertinent Central Registry information.

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 two business days.

Division of Children and Family Services

Procedure II-B2: Receipt and Assignment of Differential Response Referral

05/2014

Upon receipt of the DR referral from the Child Abuse Hotline, the DCFS Differential Response

Coordinator (DRC) or designee will:

A. Determine if the referral meets the criteria for Differential Response by completing a

child maltreatment history check on the family to determine if there is an open case or

investigation.

B. Reassign the referral to the investigative pathway (hotline call not required) if the DR

referral is determined to be ineligible.

C. Review and assign Differential Response reports to the appropriate county’s DR Team or

contract provider no later than two (2) hours after receipt of reports, excluding

evenings, weekends, and holidays, provided initial face-to-face contact with the victim

child(ren) and at least one parent/caregiver is made in the home within 72 hours of

receipt of initial hotline report.

Procedure II-B3: Differential Response Initiation and Family Assessment

08/2015

The Differential Response Team (DRT) Supervisor will:

A. Assign each new report to a DRT Specialist within two hours of receipt from the DR

Coordinator (or designee). Keep in mind that initial face-to-face contact with the victim

child(ren) and at least one parent/caregiver must be made in the home within 72 hours

of receipt of initial hotline report.

B. Conference with the DRT Specialist within 24 hours (excluding weekends and holidays in

which case the conference will take place the next business day) after the DRT

Specialist’s initial face-to-face contact with the victim child(ren) and at least one

parent/caregiver and identify a plan for the next steps to be taken.

C. Determine whether a transfer to investigation is appropriate:

1) If a transfer is appropriate due to a safety factor being present for the same child

maltreatment allegation for which the DR referral was made, or because the DRT

Specialist was unable to conduct the Health and Safety Assessment, or because a

need was identified and the family refused services, the DRT Supervisor will contact

the DR Coordinator or designee to request reassignment of the DR referral to the

investigative pathway; or;

2) If a transfer is not appropriate, conference with DRT Specialist to review/discuss

case information (i.e., allegation, risk/safety concerns, immediate needs, and other

case specific information).

a) Review and approve Family Assessments, Family Plans, and appropriateness of

service referrals, case file documentation, and requests to close family

assessment cases.

Division of Children and Family Services

D. Document all supervisor activities in CHRIS within twenty-four hours of completion of

each activity. (excluding weekends and holidays in which case information will be

entered on the next business day).

E. Regarding families with whom the DRT Specialist cannot make face-to-face contact,

assess information and determine whether DRT Specialist has met due diligence no later

than the seventh day after case assignment.

F. Provide consultation to the DRT Specialist as appropriate.

The Differential Response Team (DRT) Specialist will:

A. Prepare for meeting the family by completing the following activities prior to making

initial face-to-face contact with the family:

1) Interview other persons, including the individual(s) who called the report into the

hotline, with information listed on the report;

2) Conduct a Division of County Operations (DCO) records check of members of the

household;

3) Conduct a CHRIS history search prior to contacting the family unless the report is

received after hours or during the weekend or a holiday; and,

4) Contact the family by phone within 24 hours of case assignment, if a phone number

is provided in the report and/or if appropriate considering initiation timeframe

requirements to:

a) Explain Differential Response;

b) Schedule the initial in-home family visit that will include at least the victim

child(ren) and one parent/caretaker; and,

c) Verify the names and dates of birth of all family members and other persons

living in the household.

B. Consider the DR report initiated when:

1) The health and safety of victim child(ren) in the family’s home has been assessed

within 72 hours from the time the referral was received from the Child Abuse

Hotline, and the DRT Specialist has also met with at least one parent/caregiver in the

home within 72 hours from the time the referral was received at the Child Abuse

Hotline (based on the reported needs and/or safety issues of the family, DRT

Supervisor may require that the initial contact with the family occur sooner than 72

hours).

2) A health and safety assessment of the victim child(ren) could not be made but due

diligence has been exercised and documented within 72 hours of receipt of the

hotline referral.

a) Due diligence must include making an announced (or unannounced, if needed)

visit to the child’s home at least three times at different times of the day or on

different days (provided the three visits are within the appropriate DR initiation

timeframes) in an attempt to assess the health and safety of the victim

child(ren).

Division of Children and Family Services

b) In addition, completion of as many of the following activities necessary is

required as part of meeting due diligence in establishing face-to-face contact

with the victim child(ren) and at least one parent/caretaker:

i. Contacting the reporter again if the reporter is known;

ii. Visiting or contacting the child’s school, child care facility, and all other

places where the child is said to be located;

iii. Sending a certified letter to the location given by the reporter, if

attempts to locate the child have failed;

iv. Contacting appropriate local Division of County Operations staff and

requesting research of the AASIS and ANSWER systems and other files

to obtain another address.

v. Asking the local, county, and state law enforcement agencies to check

their records for information that may locate the child and family.

vi. Asking relatives and friends of the subjects to provide information to

help locate the subjects.

vii. Contacting the local post office, utility companies, and schools to

request a check of their records.

viii. Conducting Lexis Nexis search to attempt to locate the family.

c) If after completion of all the due diligence activities listed above, no contact is

made with the family by the sixth business day after case assignment, document

information on a case contact (DRT Supervisor will assess the information and

determine whether due diligence has been met, no later than the seventh day

after case assignment).

d) If DRT Supervisor deems that due diligence has been met:

i. Close assessment as Unable to Locate; or,

ii. In certain cases, where the severity of the allegation and/or other

known conditions warrant a reassignment to the investigative

pathway, contact the DR Coordinator or designee to determine

whether such a reassignment should be made.

(1) If it is determined that a reassignment to investigations is needed,

ask the DR Coordinator to reassign to the investigative pathway.

(2) If it is determined that a reassignment to investigations is not

needed, close assessment as Unable to Locate.

C. Provide the following information to the parent/caregiver and other household members

during the initial in-home visit:

1) Explanation of Differential Response including the disclosure that the DRT Specialist

must assess the safety of the child(ren) as well as the need for services, and that the

Division must address any safety factors or needs as appropriate.

Division of Children and Family Services

a) If the family will not allow the worker access to the child or children, the family

has declined family assessment services (see Procedure II-C4: Management of

Family’s Refusal to Participate for more information);

2) PUB-85: Differential Response: A Family-Centered Response to Strengthen and

Support Families;

3) CFS-100: Differential Response Program Authorization for Release of Information (to

be completed by family).

D. Gather information during the initial in-home visit through the activities listed below:

1) Identify information and legal relationships of all household members.

a) If it is discovered that there are additional children in the home who were not

included in the hotline report and whose ages would prohibit assignment to the

DR pathway, conference with DRT Supervisor to assess on a case-by-case basis

whether a case will remain a DR case or be reassigned to the investigative

pathway.

2) Obtain the names and addresses of any non-custodial parents.

3) Obtain DHS-81: DHS Consent for Release of information signed by a family member

with the authority to give consent.

4) Complete a Health and Safety Assessment for the family.

a) If the Health and Safety Assessment identifies safety factors, the DR Specialist

will contact the DRT Supervisor to determine whether a call to the Child Abuse

Hotline and/or notification to the DR Coordinator or designee is appropriate.

E. Request a supervisor conference to review/discuss case information (i.e., allegation,

risk/safety concerns, immediate needs, and other case specific information).

F. Document all activities, including the Health and Safety Assessment, in CHRIS within 24

hours after they are completed (excluding weekends and holidays in which case all

activities will be documented on the next business day).

G. Visit with all other household members within five days from the time the referral was

received at the child abuse hotline.

H. Update the Health and Safety Assessment in CHRIS for the family after all household

members have been contacted.

DR Coordinator or designee will:

A. Conference with DRT Supervisor and Specialist regarding cases in which no contact with

the family can be made to determine if the assessment should be closed as Unable to

Locate or reassigned to the investigative pathway.

1) If it is determined that the assessment should be reassigned, reassign the referral to

the investigative pathway.

Division of Children and Family Services

Procedure II-B4: Management of Family’s Refusal to Participate

08/2015

When working with a family who refuses to participate, the DRT Specialist will:

A. If the DRT Specialist has been unable to conduct a Health and Safety Assessment and/or

is unable to assess underlying issues or additional child maltreatment concerns that

may not have been identified in the original hotline report, inform the family that the

DRT Specialist must refer the case to the investigative pathway.

1) Conference with DRT Supervisor immediately and contact DR Coordinator for

reassignment of case to the investigative pathway.

B. If the DRT Specialist is able to conduct a Health and Safety Assessment and an

assessment of underlying issues or additional child maltreatment concerns not

identified in the original hotline report, but there is neither a safety factor nor a need

identified but the family does not otherwise want to participate in a DR case, ask the

family to contact the DRT Specialist within 24 hours of the denial if the family members

reconsider and decide to participate in the Family Assessment or related services.

1) Contact the DRT Supervisor within one hour of completion of the initial contact

with the family to discuss case information and possible referral to the

investigative pathway. Information to be discussed should include:

a) Referral;

b) Information obtained from available collaterals;

c) Observations made during the initial family contact;

d) Health and Safety Assessment; and,

e) Other pertinent information.

2) If the DRT Supervisor determines that:

a) Safety factors exist that are related to the child maltreatment allegation for

which the DR referral was made:

i. No other action is required of the DRT Specialist. The DRT Supervisor

will contact the DCFS DR Coordinator or designee immediately to

request that the report be reassigned to the investigative pathway.

b) Safety factors exist but they are new child maltreatment allegations that

were not included in the initial DR referral:

i. The DRT Specialist will contact the Child Abuse Hotline immediately to

report the new allegations and notify the DRT Supervisor or designee of

the new suspected allegation(s).

c) No safety factors exist but needs are identified and the family refuses to

participate in DR services:

Division of Children and Family Services

i. The DRT Supervisor will contact the DCFS DR Coordinator or designee

immediately to request that the report be reassigned to the

investigative pathway.

d) There are no safety factors and no needs identified:

i. Close the case in CHRIS.

C. If, after reconsideration, the family ultimately contacts the DRT Specialist to request

participation in a DR case and an investigation has not been opened on the family:

1) Continue the DR case in CHRIS if the DR report/case has not yet been closed; or,

2) Open a Supportive Services case in CHRIS if the DR report/case has already been

closed in CHRIS.

The DRT Supervisor will:

A. Discuss and assess case information and possible referral to the investigative pathway

with the DRT Specialist. See above for information to be discussed.

B. If it is determined that:

1) Safety factors exist that are related to the child maltreatment allegation for which

the DR referral was made:

a) Contact the DCFS DR Coordinator or designee immediately to request that the

report be reassigned to the investigative pathway.

2) Safety factors exist but are new child maltreatment allegations that were not

included in the initial DR referral:

a) Conference with the DRT Specialist regarding safety factor(s).

b) Notify the DR Coordinator or designee of the new suspected allegation(s) and

that the DRT Specialist has made a new call to the Child Abuse Hotline/need for

an investigation.

3) There are no safety factors:

a) Instruct the DRT Specialist to close the case in CHRIS.

The DRT Coordinator will:

A. Reassign any DR case in which the DRT Specialist is unable to conduct a

Health and Safety Assessment to the investigative pathway.

Procedure II-B5: Differential Response Services Management

08/2015

The DRT Specialist will:

A. Engage the parents in a comprehensive and collaborative Family Assessment of the

family’s strengths and needs (and gather other relevant, corresponding information)

within 14 days of receipt of referral from the Child Abuse Hotline. The Family

Assessment may include:

Division of Children and Family Services

1) Family’s financial status;

2) Basic educational screening for the children;

3) Physical health, mental health and behavioral health screening for all family

members;

4) Names and addresses of those persons who provide a support system for the family;

and,

5) Names and addresses of any service providers that have been or are currently

involved in providing services to the family.

B. Initiate services to meet any immediate needs of the family, including food, shelter, and

clothing.

C. Place a copy of the Family Assessment in the family record.

D. Maintain a minimum of twice weekly contacts with the family, which must include

contact with the children as appropriate in the household, unless the DRT Supervisor

and the family determine that the contacts should occur more frequently.

1) While the initial home visit/contact must be conducted by the DRT Specialist and

include face-to-face contact with at least the victim child(ren) and one

parent/caregiver, the DRT Specialist may ask the DRT Program Assistant to make

subsequent contacts with the family provided the majority of the face-to-face

contacts are conducted by the DRT Specialist.

2) Children do not necessarily have to be seen at each subsequent face-to-face family

contact if primary purpose of a specific contact is to discuss issues and/or services

relating directly to the parent(s) and provided DRT Specialist has assessed, based on

previous contacts and other information, that children’s safety is ensured for the

time being and will be reassessed at a subsequent face-to-face contact with the

children.

E. Establish a Family Plan with input from the family. The Family Plan will be completed

within 14 days of receipt of referral to the hotline. The Family Plan can be modified and

revised as needed.

F. Identify and implement services to address the issues that resulted in the hotline report

as well as any additional child maltreatment concern that may not have been identified

in the original hotline report.

G. Assess the family’s reasonable progress in resolving the issue that brought them to the

attention of the Division.

H. Maintain ongoing contact with the involved service providers as appropriate.

I. Create and maintain community partnerships that will benefit DR client outcomes.

J. Establish an Aftercare Plan with input from the family.

Division of Children and Family Services

K. Submit the following documents to the DRT Supervisor before formalizing case closure

with the family.

1) Case Closing Summary

2) Child and Family Service Aftercare Plan

3) Case note documentation of interviews, contacts and activities

4) Provider treatment reports

5) Updated FSNA and Health and Safety Assessment

L. Participate in a closure staffing with the DRT Supervisor to discuss the closure request.

M. Close the case in CHRIS upon receiving DRT Supervisor approval for case closure.

The DRT Program Assistant will:

A. Help ensure clients are meeting the Family Plan goals in a DR case.

B. Assist with referrals to services identified in the Family Plan.

C. Provide transportation for clients as needed.

D. Assist DRT Specialist in maintaining contact with the family provided the DRT Specialist

conducts the initial face-to-face contact and the majority of subsequent family contacts.

Some PA contacts may be made by phone provided documentation supports that health

and safety of children will still be ensured.

E. Conference with DRT Specialist on family progress.

F. Create and maintain community partnerships that will benefit DR client outcomes.

G. Document all activities in CHRIS within 24 hours of completion (excluding weekends and

holidays in which case activities will be documented the next business day).

The DRT Supervisor will:

A. Conference with the DRT Specialist and DRT Program assistant as needed regarding the

family’s Differential Response case and associated services.

B. Review and approve Family Assessments, Family Plans, and appropriateness of service

referrals.

C. Review DR case closure request including:

1) Case Closing Summary

2) Child and Family Service Aftercare Plan

3) Case note documentation of interviews, contacts and activities

4) Provider treatment reports

5) Updated FSNA and Health and Safety Assessment

D. Hold a closure staffing with the DRT Specialist to discuss the closure request and

determine if the request will be approved or denied.

E. Approve or deny case closure request as appropriate.

Division of Children and Family Services

Procedure II-B6: Service Extensions

01/2015

If a family involved in a Differential Response case will not be able to complete the Family Plan

within 30 days, the DRT Specialist will:

A. Conference with DRT Supervisor regarding reason(s) for which Family Plan cannot be

completed.

B. Obtain approval for 15-day extension from DRT Supervisor if appropriate (note: an

extension cannot be approved earlier than the 25

day from the day the initial referral

was opened).

C. Document approval of 15-day extension in CHRIS.

D. Revise Family Plan (if appropriate) with input from family for family to complete within

15 days.

E. Obtain approval for extended Family Plan (if applicable) from DRT Supervisor.

F. Assist family with implementation of extended Family Plan as appropriate/applicable.

G. Monitor progress of extended Family Plan including maintaining a minimum of twice

weekly contacts with the family, which will include contact with the children in the

home.

H. If family:

1) Successfully meets extended Family Plan:

a) Establish an Aftercare Plan with input from the family.

b) Submit the following documents to the DRT Supervisor before formalizing case

closure with the family.

i. Case Closing Summary

ii. Child and Family Service Aftercare Plan

iii. Case note documentation of interviews, contacts and activities

iv. Provider treatment reports

v. Updated FSNA and Health and Safety Assessment

c) Close the case in CHRIS upon receiving DRT Supervisor approval for case closure.

2) Does not complete extended Family Plan:

a) Conference with DRT Supervisor regarding reasons for which plan is not

completed.

b) Obtain approval from DRT Supervisor for another 15-day extension if

appropriate.

c) Document approval of second 15-day extension in CHRIS.

d) Revise Family Plan (if appropriate) with input from family for family to complete

within 15 days.

e) Obtain extended Family Plan approval (if applicable) from DRT Supervisor.

Division of Children and Family Services

f) Assist family with implementation of Family Plan as appropriate.

g) Monitor progress of Family Plan including maintaining a minimum of twice

weekly contacts with the family, which will include contact with the children in

the home.

h) If family:

i. Successfully meets extended Family Plan:

(1) Follow Aftercare Plan and case closure procedure as outlined

above.

ii. Does not successfully meet extended Family Plan:

(1) Conference with DRT Supervisor and DR Coordinator (or designee)

to determine if case should be closed, reassigned as a Supportive

Services case, or reassigned as an investigation.

(2) Close case in CHRIS or reassign as a supportive services or an

investigation as appropriate.

If a family involved in a Differential Response case will not be able to complete the Family Plan

within 30 days, the DRT Supervisor will:

A. Conference with DRT Specialist regarding reason(s) for which Family Plan cannot be

completed.

B. Conference with DRT Specialist regarding monitoring of extended and/or revised Family

Plan as applicable.

C. If family:

1) Successfully meets extended Family Plan:

a) Review DR case closure request including:

i. Case Closing Summary

ii. Child and Family Service Aftercare Plan

iii. Case note documentation of interviews, contacts and activities

iv. Provider treatment reports

v. Updated FSNA and Health and Safety Assessment

b) Approve or deny case closure request as appropriate.

2) Does not successfully meet extended Family Plan:

a) Conference with DRT Specialist and Program Assistant regarding reasons for

which plan is not completed.

b) If appropriate, request second 15-day extension from DR Coordinator (or

designee) at least 3 days prior to the expiration of the first extension.

c) Conference with DRT Specialist regarding monitoring of extended Family Plans as

appropriate.

d) If family:

i. Successfully meets second extended Family Plan:

Division of Children and Family Services

(1) Follow case closure procedure as outlined above.

ii. Does not meet second extended Family Plan:

(1) Conference with DRT Specialist and DR Coordinator (or designee)

to determine

if case should be closed, reassigned as a supportive services case,

or reassigned as an investigation.

DR Coordinator or designee will:

A. Conference with DRT Supervisor regarding reasons for second extension request.

B. Approve or deny second 15-day extension requests as appropriate.

C. Conference with Differential Response Team regarding DR cases that have already been

granted two (2) 15-day extensions to determine most appropriate course of action (i.e.,

case closure, reassignment to supportive services case, or reassignment to an

investigation).

DRT Program Assistant will:

A. Help ensure clients are meeting the revised Family Plan goals.

B. Assist with referrals to services identified in revised Family.

C. Conference with DRT Specialist on family progress.

D. Provide transportation for clients as needed.

Document all activities in CHRIS within 24 hours of completion (excluding weekends and

holidays in which case activities will be documented on the next business day).

Division of Children and Family Services

POLICY II-C: CHILD ABUSE HOTLINE FOR CHILD MALTREATMENT REPORTS

01/2020

Pursuant to Act 1240 of 1997, the Department of Human Services and the Arkansas State Police

entered into an agreement for the Arkansas State Police Crimes Against Children Division to

assume responsibility for the administration of the Child Abuse Hotline.

All child maltreatment allegations are to be reported to the Child Abuse Hotline. No privilege, or

contract, shall prevent anyone from reporting child maltreatment when the person is a mandated

reporter (see Appendix I: Glossary for more information).

No privilege shall prevent anyone, except between a client and his lawyer or minister or Christian

Scientist practitioner, and any person confessing to or being counseled by the minister, from

testifying concerning child maltreatment.

The Arkansas Child Abuse Hotline must accept reports of alleged maltreatment when either the

child or his family is present in Arkansas or the incident occurred in Arkansas. Another state may

also conduct an investigation in Arkansas that results in the offender being named in a true report

in that state and placed that state’s Child Maltreatment Central Registry.

PROCEDURE II-C1: Child Abuse Hotline Acceptance and Assignment of

Maltreatment Reports

02/2020

The Child Abuse Hotline Worker will:

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:

1) Reason(s) the reporter suspects child maltreatment and how the reporter acquired

the information,

2) Current risk of harm to the child,

3) Mental and physical condition of alleged offender,

4) Potential danger to staff assessing the report,

Division of Children and Family Services

5) Identity and location of possible witnesses or persons knowledgeable about the

alleged child maltreatment,

6) Relevant addresses and directions,

7) Licensing authority and facility involved (if applicable).

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.

The Child Abuse Hotline Supervisor will:

A. Ensure that each Child Abuse Hotline worker has access to a comprehensive and current

listing of on-call Family Service Workers.

The DCFS Prevention and Reunification Unit will:

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:

1) Review of the report to ensure it meets all acceptance requirements under A.C.A.

§12-18-303-310.

2) Review of all relevant information pertaining to the report, to include, but not

limited to:

a) Current report to ensure:

i. Information is otherwise sufficient for the Department to make contact

with the alleged victim;

Division of Children and Family Services

ii. The current allegations are not identical to a previous report that has had

a prior preliminary investigation within the past six months and was

administratively closed;

b) Previous investigations of child maltreatment pertaining to the current alleged

offender;

c) Previous case history in CHRIS.

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

1) Assign credibly accepted reports to the appropriate county office investigative or

differential response pathway; or,

2) Complete steps to screen out the accepted referral under A.C.A. §12-18-303.

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

07/2020

The County Supervisor or designee will:

A. Take the information on child maltreatment as directed in Procedure II-C1 if a reporter

contacts the county office and refuses to call or has been unable to contact the Child

Abuse Hotline.

B. Forward the information to the Arkansas Child Abuse Hotline for a determination

regarding whether the report will be accepted.

1) The Child Abuse Hotline will prioritize the report and, if accepted, refer for assessment

by entering the report into the “Referral” section of the Division’s information system.

Once a report is entered in the Division’s information system, workers with proper

security will have access to referral, investigative, and case information. County Office

staff are strictly prohibited from entering reports into the Division’s information

system. Any unauthorized use or altering of this information is also strictly prohibited.

C. Check the computer at least once in the morning and once in the afternoon for child

maltreatment report transmissions.

D. Acknowledge receipt of Priority I transmissions within two (2) working hours and receipt

of Priority II transmissions within three (3) working hours.

E. Advise the Child Abuse Hotline promptly of after-hours on-call Family Service Workers’

names by entering information into the “Organization” screens in the Division’s

information system.

F. Establish procedures to ensure the security and confidentiality of reports at the local level

and the Child Maltreatment Assessment files when not in use.

G. Notify Prosecuting Attorney by letter of any failure by a mandated reporter to report

suspected child maltreatment.

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

PROCEDURE II-C3: County Office Secondary Review Requests from DCFS Central

Office and Requests for Clearance of Other Reports from Child Abuse Hotline

02/2020

Division of Children and Family Services

The FSW Investigative Supervisor or County Supervisor will:

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

1) Report does not contain sufficient information for the Department to make contact

with the alleged victim; or

2) The allegations are identical to a previous report that has had a prior preliminary

investigation within the past six months and was administratively closed.

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:

1) The allegations would not constitute child maltreatment as defined in the Child

Maltreatment Act.

2) The same incident involving identical alleged offenders and victims has already been

assessed.

Regarding reports that meet secondary review criteria, the DCFS Prevention and Reunification

Unit will:

A. Review the report and make determinations based on the following considerations:

1) Review of the report to ensure it meets all acceptance requirements under A.C.A.

§12-18-303-310.

2) Review of all relevant information pertaining to the report, to include, but not

limited to:

a) Current report to ensure:

i. Reporter or collateral information is available;

ii. Information is sufficient for the Department to make contact with the

alleged victim;

iii. The current allegations are not identical to a previous report that has had

a prior preliminary investigation within the past six months and was

administratively closed;

b) Previous investigations of child maltreatment pertaining to the current alleged

offender;

c) Previous case history in CHRIS.

3) Call to reporter (if known) to ascertain additional information on the allegation and

related information to determine if report warrants assignment to field for

investigation.

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

1) Assign credibly accepted reports to the appropriate county office investigative or

differential response pathway; or,

2) Complete steps to screen out the accepted referral under A.C.A. §12-18-303.

Division of Children and Family Services

Regarding reports that do not meet secondary review criteria but otherwise does not warrant

assignment for investigation, the Child Abuse Hotline Supervisor and appropriate Hotline Staff

will:

A. Determine whether to screen out the report.

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

PROCEDURE II-C4: Child Maltreatment Reports Involving Allegations Taking

Place in Other States or Countries

09/2011

The Child Abuse Hotline Worker will:

A. If the alleged offender resides in another state and the suspected maltreatment occurred

in another state or country:

1) Document receipt of the report.

2) Forward the report to the Child Abuse Hotline of the state or country where the

alleged offender resides or the incident occurred.

3) If child protection is an issue, forward the report to the Department of Human Services

or the equivalent governmental agency of the state or country where the alleged

offender resides.

B. If the alleged maltreatment occurred in another state, but the alleged offender is a

resident of Arkansas AND the report of child maltreatment or suspected maltreatment in

the other state or country would also be child maltreatment in Arkansas at the time the

incident occurred, refer the report to DCFS or CACD as appropriate.

DCFS or CACD will:

A. Contact the other state and advise them of Arkansas’s willingness to assist its

investigation.

B. Interview the alleged offender in an effort to assist the investigative agency from the

other state or country; however, the investigative agency from the other state or country

must take responsibility for the investigation.

C. Notify the alleged offender that if the allegation is determined to be true, the offender’s

name will be placed in the Arkansas Child Maltreatment Central Registry.

PROCEDURE II-C5: Child Maltreatment Reports Involving Allegations Taking

Place in Arkansas with Alleged Parties to the Report Living Outside of Arkansas

09/2011

The Child Abuse Hotline Worker will:

A. If the alleged maltreatment occurred in Arkansas, but the victim, the parents, and/or the

alleged offender no longer reside here, accept the report.

DCFS will:

Division of Children and Family Services

A. Contact the other state.

B. Request courtesy interviews with the out-of-state subjects of the report.

Division of Children and Family Services

POLICY II-D: Investigation of Child Maltreatment Reports

05/2022

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 Department of Human Services (DHS or department), Division of Children and Family

Services (DCFS or Division) 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 investigations will begin within seventy-two (72) hours with the exception of investigations

of the following allegations. These allegations will begin within twenty-four (24) hours:

A. Allegations of severe maltreatment, excluding an allegation:

1) Of sexual abuse if the most recent allegation of sexual abuse was more than one (1)

year ago or if the alleged victim does not currently have contact with the alleged

offender;

2) Of abandonment and the child is in a facility or,

3) 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 of

Human Services; or

4) In which the alleged victim is in a facility and does not currently have contact with

the alleged offender.

B. The allegation is that a child has been subjected to neglect as defined in A.C.A. 12-18-

103(14)(B) (i.e., Garrett’s Law referral);

Division of Children and Family Services

C. A child has died suddenly and unexpectedly.

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-D3 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.

NOTICE OF ALLEGATION

The investigative agency at the local level is responsible for providing the notice of allegation to

all applicable parties as outlined in Procedure XIV-A1: Notices of Allegations of Child

Maltreatment.

AT RISK DETERMINATIONS UPON INITIATION

Upon initiation the investigative agency must determine:

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

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

C. Alleged offender’s supervisor.

In addition to gathering the information above, the investigative agency must also gather any

other necessary information to determine if the alleged offender:

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).

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 the Office

of Chief Counsel (OCC) 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 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:

A. The alleged offender’s employer;

Division of Children and Family Services

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.

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:

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:

1) Caretaker’s behavior toward child is violent or out of control.

2) Caretaker describes or acts towards the child in predominantly negative terms or

has extremely unrealistic expectations.

3) Caretaker caused serious physical injury to child or made plausible threat to cause

severe physical injury.

4) Caretaker’s explanation for injury is unconvincing.

5) Family refuses access to child there is reason to believe that family is about to

flee, or child’s whereabouts cannot be ascertained.

6) Caretaker has not, cannot, or will not provide supervision necessary to protect

child from potentially dangerous harm.

7) Caretaker is unwilling or unable to meet child’s needs for food, clothing, shelter,

or medical or mental health care.

8) Child is fearful of caretaker, other family members, or other people living in or

having access to the home.

9) Child’s physical living conditions are hazardous and immediately threatening,

based on child’s age and developmental status.

10) Child sexual abuse is suspected, and circumstances suggest that child safety may

be an immediate concern.

11) Caretaker’s current substance use seriously affects his/her ability to supervise,

protect, or care for the child.

12) Caretaker fails to protect child from serious physical or threatened harm.

13) Caretaker’s emotional stability seriously affects current ability to supervise,

protect, or care for child.

Division of Children and Family Services

14) Caretaker has previously maltreated a child and severity of maltreatment or

caretaker’s response to previous incidents suggest child safety may be an

immediate concern.

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

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

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:

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.

In addition to the other information described in this section (i.e., Overall Investigation Goals),

the assigned investigative agency will also attempt to determine:

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.

Ultimately, the information described above that is collected during the fact-finding phase of the

child maltreatment investigation allows the Division to determine:

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.

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.

Division of Children and Family Services

INVESTIGATION COMPONENTS

The child maltreatment investigation will consist of, but is not limited to, completion of a Health

and Safety Assessment and interviews with:

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.

The Health and Safety Assessment is designed to:

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 Division’s information management system will be completed based on the

conditions present when the child and the parent or primary caregiver are together in the home.

Children ages zero (0)- six (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 thirty (30) calendar days of the receipt of the child

maltreatment report. The Health and Safety Assessment must be approved by the FSW

Supervisor within forty-five (45) calendar days of the receipt of the child maltreatment report.

The Health and Safety Assessment is comprised of three components:

Division of Children and Family Services

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 (14) 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 (14) 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 Division’s information management system within two (2) 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.

Safety Planning

Safety Planning is the second component of the Health and Safety Assessment. 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 options to implement during the

safety planning process:

A. Develop a protection plan to mitigate the identified safety factors to allow the child

remain safely in the home; or,

Division of Children and Family Services

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

These two options are described below:

1) Protection Plans

Protection Plan Development and Content

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. The actions and any services needed to address safety factors contained in

a protection plan will depend on the dynamics of a particular investigation (or case) and

the family involved. This documentation describing the actual use or consideration of

using protecting interventions establishes reasonable efforts to prevent removal of the

child from the home.

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.

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 (see below for more

information). 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.

A 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.

However, protection plans may not:

a) Make a change to the current physical or legal custody arrangement of the child;

or,

b) Otherwise limit the right of a parent or legal custodian to visit/have access to his

or her child, including supervised visits,

unless a dependency-neglect petition is first filed with the court to address identified

safety factors and a corresponding court order is obtained to make a change to the

current custody arrangements or otherwise limit the right of a parent or legal custodian

to have access to his or her child. An alternate method of ensuring child safety must be

implemented until the required court order is issued to alter custody or visitation

arrangements.

To file a dependency-neglect petition to ensure a child’s safety in the home, the FSW will

contact OCC immediately (or at the start of the next business day if the safety assessment

Division of Children and Family Services

occurred after hours or on the weekend) to request OCC to file the appropriate petition.

It is crucial that the FSW Investigator, with support from his or her supervisor, determines

exactly what the Division is requesting the court to order, if applicable, to address the

identified dependency-neglect issues (i.e., safety factors).

If the requested court order is issued, the FSW Investigator will then craft a corresponding

protection plan that reflects the orders of the court as well as any other actions or

information that need to be included in the protection plan to ensure child safety. The

FSW Investigator will then thoroughly explain the contents of the protection plan to the

caregivers and other individuals who may be a part of the protection plan.

Order of Less Than Custody

An order of less than custody is one action that could potentially be included in a

protection plan (once the order is issued), if appropriate. An order of less than custody

legally restricts the alleged offender from contact with the child while allowing the child

to remain in the home with the non-offending custodian (if the non-offending custodian

is already a legal custodian of the child) 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:

a) The legal custodian placed or otherwise allowed the child to reside with another

person for more than six months; and,

b) The legal custodian is named as an alleged offender in the investigation; and,

c) The child’s current caretaker and DCFS assess that the legal custodian’s (who is

also the alleged offender) access to the child poses an immediate danger to the

child’s health or physical well-being; and,

d) DCFS has no immediate health or physical well-being concerns with the current

placement; and,

e) DCFS has determined that specific safeguards in the court order will ensure the

child’s immediate health and physical well-being while remaining in the current

home.

The Division will 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.

To file a dependency-neglect petition to obtain an order of less than custody, the FSW

will contact OCC immediately to request OCC to file the appropriate petition.

Protection Plan Documentation

The Safety Planning screen in CHRIS documents the actions taken to ensure a child’s

safety during the course of an investigation. If a protection plan is developed, it must be

Division of Children and Family Services

documented in the Safety Planning screen in the Division’s information management

system within two (2) business days of the investigation initiation.

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 the Division’s information management system within two (2) business

days.

Protection Plan Monitoring and Assessment

All protection plans will be monitored via an initial face-to-face contact with the family

(to include alleged victim(s), alleged offender(s), and any other children in the home)

within at least seventy-two (72) hours and then via a minimum of weekly face-to-face

contact for the remaining life of the protection plan.

While the health and safety of the child is always assessed each time the Division comes

into contact with the child, per A.C.A. 12-18-1001(d)(2)(A)-(B), the health and safety of

the child and any corresponding protection plan will be formally reassessed within 30

days of the date on which the protection plan was implemented. If after this formal

reassessment is performed, the Division determines that a substantial risk of harm to the

health and safety of the child remains and that the protection plan must stay in place to

ensure the health and safety of the child, then the Division will file a petition for

dependency-neglect (however, note that the Division may file a petition for dependency-

neglect at any point to if needed to ensure the health and safety of the child) unless the

parent, guardian or custodian is not:

a) The alleged offender; or,

b) Alleged to have failed to protect the juvenile.

If a case connect has already occurred, then the assigned FSW Caseworker and FSW

Investigator who implemented the protection plan will collaborate to reassess the

protection plan and provide the affidavit and a copy of the CFS-200: Protection Plan to

OCC to file any necessary petitions for dependency-neglect at 30 days.

Case Opening, Assessment, and Case Plan as a Result of a Protection Plan Filed with the

Court

For a petition filed as the result of a protection plan, a corresponding case plan will be

filed with the court within 30 days per A.C.A. § 9-27-402.

The assigned FSW will continue to monitor the protection plan until it is no longer needed.

The assigned FSW will complete the Family Advocacy and Support Tool (FAST) in

collaboration with the family, FSW Investigator, and other appropriate stakeholders (see

Policy IV-A: Family Assessments for more information regarding the FAST). The FSW

Caseworker will also have the primary responsibility of developing the case plan with the

Division of Children and Family Services

family and ensuring the implementation of the case plan (see Policy IV-B: Services Case

Plans for more information).

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 the

Division’s information management system within two (2) business days of the act of

removal of the child.

If there are risk factors 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 or services provided during the course of the child

maltreatment investigation shall be documented in the Investigation Finding screen in

the Division’s information management system.

2) Protective Custody

If a safety factor is identified in the home and it cannot be mitigated with the

implementation of a protection plan, the Division must remove the child from the home

and take protective custody. This requirement applies to any point during a child

maltreatment investigation or open case when the health and physical well-being of a

child are in immediate danger. When a child is taken into protective custody, the child

shall be placed in an appropriate licensed or approved placement. This may include an

identified relative or fictive kin (fictive kin means a person selected by the Division of

Children and Family Services who is not related to the child by blood or marriage, and

has a strong, positive, and emotional tie or role in the child’s life or the child’s parent’s

life if the child is an infant) 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:

a) Takes a 72-hour hold; or,

b) Files a petition for ex parte emergency order; or,

c) Files a petition for dependency-neglect.

Division of Children and Family Services

See Procedure II-D11: Protective Custody of a Child in Immediate Danger for information

regarding how to proceed when a child is taken into protective custody by a non-DCFS

stakeholder.

Investigation Risk Assessment

The Investigation Risk Assessment is the third component of the Health and Safety Assessment.

It is designed to:

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).

The Investigation Risk Assessment in the Division’s information management system 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 thirty (30) calendar

days of receipt of the hotline report and must receive supervisory approval within forty-five (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.

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.

Division of Children and Family Services

LEGAL REPRESENTATION FOR CHILD IN FOSTER CARE NAMED AS AN ALLEGED OFFENDER

If DCFS or CACD is investigating an allegation of child maltreatment in which a child in foster care

is named as the alleged offender and the acts or omissions that gave rise to the child

maltreatment report may lead to a criminal or delinquency investigation or charge, the assigned

DCFS caseworker (or designee) for the child in foster care will contact the public defender. The

assigned DCFS caseworker or designee will request that the public defender represent the child

in foster care who is named as the alleged offender.

If the public defender accepts representation, the DCFS caseworker or designee will inform the

investigator, so that the assigned investigator can request an interview. The public defender will

provide or withhold consent for any investigative interview of the juvenile offender in foster care.

If the public defender refuses to represent the child in foster care who is named as the alleged

offender in a child maltreatment report because there is no risk of criminal or delinquency

charges being filed, the investigator will contact the assigned DCFS caseworker for the child to

request an interview. The DCFS caseworker, in collaboration with his or her supervisor and Area

Director, will determine whether it may be appropriate for a child in foster care named as the

alleged offender in a child maltreatment report to be interviewed. If deemed appropriate, the

local team will make the recommendation to the DCFS Director or designee. Only the DCFS

Director or designee, based on the recommendation by the local team, may give consent for the

child in foster care named as an alleged offender to be interviewed as part of a child

maltreatment investigation. The Office of Chief Counsel may be consulted as needed regarding

legal advice but cannot give consent to an interview with a child in foster care named as an

alleged offender.

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.

Division of Children and Family Services

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 OCC 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 thirteen (13) should be referred to a physician or medical facility for drug

screening if needed. Please see Policy III-E: Client Drug and Alcohol Screening for more

information.

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.

Division of Children and Family Services

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 (seventy-two) 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

forty-five (45) calendar days.

The Area Director or designee may request an extension of an additional fifteen (15) calendar

days (for a total investigative timeframe of sixty (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 fifteen (15)-

day extension to make an investigative determination, include but are not limited to:

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 applicable Area Director

followed by the DCFS Assistant Director or designee as designated by the DCFS Director or

designee via auto notification through the Division’s information management system.

Division of Children and Family Services

INVESTIGATION CLOSURES AND DETERMINATIONS AND RESULTING REFERRALS AND CASE

OPENINGS

Within the appropriate timeframes outlined above and utilizing PUB-357: Child Maltreatment

Investigation Determination Guide as a reference where applicable, the Department will either:

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:

1) Unsubstantiated; or

2) True; or

3) True but exempted for:

1) Neglect as defined by A.C.A. § 12-18-103(14)(B) (i.e, Garrett’s Law)

2) Religious beliefs

3) Underaged juvenile offenders; or,

4) Inactive.

Criteria for the administratively closed investigations and child maltreatment determinations are

as follows:

Administratively Closed

A child maltreatment investigation will be administratively closed without further action or

determination if:

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

1) Interview with the alleged victim outside the presence of the alleged offender.

2) Assessment of the alleged victim’s home environment, as appropriate.

3) Interview of a collateral witness;

4) Review prior history of child maltreatment related to the family of the child and

to the alleged offender.

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; and,

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 of the following criteria are met:

1) There are indications of malicious reporting; or,

2) Details of the allegations are insufficient to investigate; or,

3) Reporter was anonymous, and no evidence exists to corroborate the report; or,

4) There is no available evidence to support or refute the allegation(s) due to the

passage of time between the alleged occurrence of the maltreatment and the

time the report was made; and,

Division of Children and Family Services

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

by DCFS.

Unsubstantiated Determination

A child maltreatment investigation will be determined unsubstantiated in the event that:

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.

True Determination

A child maltreatment investigation will be determined true in the event of:

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

also 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-J: 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

eighteen (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

Division of Children and Family Services

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.

If a child maltreatment report is determined to be true, the Division will then also determine the

risk level of the offender and any vulnerable population to which the offender may pose a risk of

maltreatment, including without limitation children, the elderly, persons with a disability, and

persons with a mental health illness. The following factors will be considered when determining

whether an offender poses a risk of maltreatment to a vulnerable population:

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 the

Division information system as Exempted-No Risk. The DCFS Director or designee will approve

determinations for true but exempted for no risk to vulnerable populations.

True but Exempted Determination

A determination of true but exempted, which means the offender’s name will not be placed in

the Child Maltreatment Central Registry, will be entered for the reasons listed below. The

following circumstances do not require a consideration of the risk level of the offender and any

vulnerable population to which the offender may pose a risk of maltreatment as these conditions

warrant a determination of True But Exempted pursuant to A.C.A. § 12-18-702. The Division may

open a protective services case (i.e., in home or foster care as appropriate based on the dynamics

of a particular family) for any investigative determination of true but exempted.

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 exempted and will not be placed on the child maltreatment registry.

A protective services case shall be opened to establish a plan of safe care.

Division of Children and Family Services

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 OCC 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 exempted due to

religious beliefs exemption in the event that the Family Service Worker (FSW) 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.

An FSW 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.

Division of Children and Family Services

Underaged Juvenile Offender Exemptions

A child maltreatment investigation will have an individual finding of true but exempted

for underaged juvenile offenders if there is an overall true finding of sexual abuse by a

child under the age of fourteen (14) to another child.

Juvenile is Less than Fourteen Years of Age Exemption

A child maltreatment investigation will have an individual finding of true but exempted if

an offender is a juvenile less than fourteen (14) years of age.

Inactive Determination

Per A.C.A. § 12-18-619(c), if at any time before or during the investigation the Department is

unable to locate or identify the alleged offender or alleged victim, the Department may consider

the report unable to be completed and determine the report to inactive if a true or

unsubstantiated determination cannot be established without interviewing the alleged offender

or alleged victim.

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 is determined to be inactive.

All activities on the CFS-155: Unable to Locate Checklist must be completed by the FSW

investigator before determining an investigation to be inactive and verified by the FSW

Supervisor before approving the investigation.

For investigations determined to be inactive but information obtained from a subsequent

report would permit the assigned investigative agency to gather additional evidence, the

assigned investigative agency will provide notice of the allegations as per A.C.A. 12-18-501 et

seq. and conduct the investigation. The assigned investigative agency will amend the

determination of the earlier report accordingly based on evidence collected. The allegations

contained in the most recent report will be investigated separately and an associated

determination made based on the evidence collected during the investigation of the more

recent report.

For information regarding how to proceed when DCFS is assigned to a report previously found to

be inactive and CACD is assigned to a new report that would permit DCFS to gather additional

evidence on the report previously determined to be inactive, please see the Agreement Between

the Arkansas Department of Human Services (ADHS), Division of Children and Family Services

(DCFS) and the Arkansas State Police (ASP), Crimes Against Children Division (CACD).

INVESTIGATIVE DETERMINATION NOTICES

The Division Children and Family Services Central Office Notifications Unit will issue notices

regarding the child maltreatment investigative determination whether true or unsubstantiated

Division of Children and Family Services

to all persons pursuant to A.C.A. § 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). The Central Office

Notifications Unit will also handle all notices related to administrative hearing decisions and

placement on the Child Maltreatment Central Registry.

PROCEDURE II-D1: Assignment of Child Abuse Hotline Investigation Reports

01/2020

The FSW Supervisor or designee will:

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.

PROCEDURE II-D2: Preparation for Investigation Initiation

01/2020

The FSW will:

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.

PROCEDURE II-D3: Investigation Initiation

05/2022

The FSW will:

A. Initiate the child maltreatment investigation within seventy-two (72) hours with the

exception of investigations of the following allegations. These allegations will begin within

twenty-four (24) hours:

1) Allegations of severe maltreatment, excluding an allegation:

Division of Children and Family Services

a. Of sexual abuse if the most recent allegation of sexual abuse was more than one

(1) year ago or if the alleged victim does not currently have contact with the

alleged offender;

b. Of abandonment and the child is in a facility or,

c. 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

of Human Services; or

d. In which the alleged victim is in a facility and does not currently have contact

with the alleged offender.

e. The allegation is that a child has been subjected to neglect as defined in A.C.A.

12-18-103(14)(B) (i.e., Garrett’s Law referral);

f. A child has died suddenly and unexpectedly.

B. Consider the investigation initiated:

1) By interviewing or observing, when appropriate, the alleged victim child outside the

presence of the alleged offender; or,

2) If after exercising and documenting due diligence, an interview or examination of the

child could not be made. Due diligence includes, but is not limited to:

a) Making an unannounced visit to the child’s home at least three (3) times at

different times of the day or on different days (provided the three visits are within

the appropriate investigation initiation timeframes) in an attempt to interview the

child;

b) Contacting the reporter again if the reporter is known;

c) Visiting or contacting the child’s school, child care facility, and all other places

where the child is said to be located;

d) Sending a certified letter to the location given by the reporter, if attempts to locate

the child have failed;

e) Contacting appropriate local Division of County Operations staff and requesting

research of their information systems and other files to obtain another address.

f) Completing other activities listed on the CFS-155: Unable to Locate Checklist as

needed.

C. Document initiation activities within two (2) 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 (2) business days.

Division of Children and Family Services

The FSW Supervisor will:

A. Conduct a supervisory conference with investigator within seventy-two (72) hours of

investigator initiating the investigation.

PROCEDURE II-D4: Child Maltreatment Report Investigation Interviews

07/2020

The FSW will:

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.

1) If not age appropriate for an interview, observe alleged victim outside the presence

of the alleged offender and the alleged offender’s attorney.

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.

1) Interview all siblings and other children under the care of the alleged offender outside

the presence of the alleged offender and the alleged offender’s attorney.

a) If not age appropriate for an interview, observe all siblings and other children

under the care of the alleged offender outside the presence of the alleged

offender and the offender’s attorney.

2) Considering the best interest of the child, limit, as appropriate, other persons allowed

to be present when a child is interviewed concerning allegations of child

maltreatment.

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.

1) If the child is under the age of five (5), conduct the exam with the assistance of the

parent/caretaker.

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.

Division of Children and Family Services

1) In addition to gathering information about the alleged maltreatment, ascertain the

alleged offender’s:

a) Employer, including the physical address;

b) Job duties at place of employment; and,

c) Supervisor’s name.

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 forty-eight (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.

1) The FSW of the primary county will:

a) Interview all applicable subjects in his or her county within required

timeframes;

b) Complete the Health and Safety Assessment (including Health and Safety

Checklist, Safety Planning, and Investigation Risk Assessment) in the Division

information system with information obtained during primary investigator

interviews and information obtained from secondary investigator from

secondary’s interviews.

2) The FSW of the secondary county will:

a) Contact the primary county by phone no later than twenty-four (24) hours

after interviews are conducted to discuss:

i. Any identified safety factors and supporting documentation (e.g.,

statements made by children, observations of children, caregiver

statements, etc.);

ii. Determination of any additional children, elderly persons, or

individuals with a disability or mental illness who may be at risk;

iii. Provisions of the protection plan if one has been implemented;

iv. Other persons interviewed, their relationship to the family and how

information provided was obtained (e.g., first-hand, hearsay,

investigator observations, etc.);

v. Verification of identity of persons interviewed;

vi. Projected completion date for secondary investigation if it is not

completed at time of phone conference.

b) Forward any hard copy information to the primary investigator within seventy-

two (72) hours after receipt.

Division of Children and Family Services

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.

O. Complete and document all interviews within thirty (30) calendar days of the receipt of

the child maltreatment report.

If any parties required to be interviewed (parents, children, alleged victim child, or alleged

perpetrator) cannot be located or are unable to communicate, the FSW will, after exercising

due diligence, document efforts to locate or communicate with required parties and proceed

with the child maltreatment investigation.

The Investigative Supervisor will:

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

1) If a secondary assignment is required, complete as soon as possible but no later than

twenty-four (24) hours after receipt of referral the summary section in the Division

information system’s assignment screens describing:

a) the reason(s) for the request;

b) any special instructions;

c) updated locations and telephone numbers of subjects to be seen.

2) Forward the request to the appropriate investigative team.

3) Verbally alert the receiving team supervisor of the secondary investigation request to:

a) Verify receipt of report when a secondary team investigator will initiate the

investigations;

b) Clarify any issues involving the secondary investigation request;

c) Coordinate team responsibilities with the Prosecuting Attorney, law

enforcement, and hospital staff, as applicable.

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 the Division’s information system.

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

forty-five (45) calendar days.

PROCEDURE II-D5: Discovery of New Victims or Allegations in an Ongoing

Investigation

01/2020

When at any point during the course of an ongoing investigation the FSW investigator discovers

new victims or new allegations of child maltreatment, the following actions will be taken:

The FSW Investigator will:

Division of Children and Family Services

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

conditions:

1) The existing allegation is a Priority II and the new allegation is a Priority I.

2) The new allegation involves an alleged offender outside of the home.

Otherwise, any other new allegation(s) should be added to the investigator’s existing

report.

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 or 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.

PROCEDURE II-D6: Medical/Psychological Evaluation Required During

Investigation

08/2013

The FSW Investigator will:

A. Confer with the supervisor concerning a complete examination/evaluation by a mental

health professional if a child has one of the following:

1) Impairment of the intellectual, emotional, or psychological development as evidenced

by observable and substantial reduction in the child’s ability to function within a

normal range of performance and behavior.

2) Suffered a substantial impairment in the ability to function as a result of a specific,

non-accidental action or interaction committed by a parent or caretaker.

B. Refer for a medical examination or consultation with a physician in the following cases

unless the Area Director allows an exception:

1) Burns, fractures or dislocations in children under three years of age;

2) Burns, fractures or dislocations in children of any age if unexplained or implausibly

explained;

3) Burns, bruises, or fractures in non-ambulatory children;

4) Reasonable suspicion that vaginal or oral penetration has occurred;

5) Cases involving sexually transmitted diseases in prepubescent children;

6) Cases of malnutrition and failure to thrive;

7) Cases of serious medical neglect;

8) Cases of alleged head and abdominal injuries (regardless of presence of visible injury);

9) Reports in which the child has an observable injury, the caretaker admits

responsibility for the injury and there is reason to believe that there are internal

injuries or other injuries which have occurred in the past.

Division of Children and Family Services

C. Involve the parent, legal guardian, or legal custodian of the child whenever possible, if

during the investigation, a medical examination is needed to determine the existence of

abuse or neglect.

D. Verify that the parent, legal guardian, or legal custodian has exhausted all other resources

before requesting DHS funds for payment.

E. Consider the following, listed in order of preference, in all cases in which a medical

examination is required:

1) Have the child examined at a Child Safety Center when available and appropriate (i.e.,

consider distance of Child Safety Center, whether nearest Child Safety Center has

medical services on site, and if the investigation is regarding a report of alleged sexual

abuse or alleged severe maltreatment).

2) Have the child examined by the child’s Primary Care Physician (PCP).

3) Have the child examined by a pediatrician if the PCP is unavailable. The investigator

must advise the pediatrician whether the PCP, although not physically available, is

available by telephone for consultation.

4) Take the child to the emergency room of the nearest hospital.

The physical examination of children alleged to be sexually abused must be conducted by a

physician or other medical personnel, not the investigator.

PROCEDURE II-D7: Other Child Maltreatment Investigation Actions

08/2013

The FSW Investigator will:

A. Use CFS-317: Off-Site Worker’s Safety Log during the child maltreatment investigation for

all off-site visits

away from his/her primary work site.

1) If worker will return to the primary work site more than one hour after the initial

“Planned Return Date/Time,” he/she will contact his/her immediate supervisor or

designee with a revised anticipated return date/time.

B. Give the family and alleged offender (if alleged offender resides outside of the home)

PUB-52: Child

Protective Services—A Caretaker’s Guide during the first contact and explain, as

appropriate, to help the family/alleged offender understand its contents.

C. Conduct a home visit to assess the safety, risk, and protective factors of the environment

where the child resides and determine the names and conditions of other children in the

home. The home visit may or may not be conducted during the course of interviews with

the alleged victim; however, anytime there is an open investigation involving a child in

the hospital (e.g., Garrett’s Law report, child admitted to hospital for injuries or other

health issues associated with child abuse or neglect), a home visit will be conducted prior

to the child being discharged from the hospital.

Division of Children and Family Services

D. Contact the DHS attorney to petition the court for an ex parte order of investigation to

allow access if the parents, caretakers, or others deny access to any place where the child

may be.

E. Exercise due diligence in locating the non-custodial parent of the victim child. Examples

of due diligence include, but are not limited to, seeking information from relatives or using

information from the alleged victim child’s birth certificate to identify and locate the non-

custodial parent.

F. Document all efforts at reasonable diligence, if unable to locate the non-custodial parent

to ensure completion of the investigation within 30 calendar days.

G. Make notifications of child maltreatment allegations to the appropriate parties according

to Procedure XIV-A1.

H. Obtain X-rays, photographs, radiology procedures, drug test results, medical records,

other pertinent records (e.g., school records, or videos from mandated reporters).

I. If at any time it is determined that the alleged offender is not a caretaker of the alleged

victim child, excluding investigations of sexual abuse:

1) Refer the matter to the appropriate law enforcement agency via CFS-321: Referral

for Investigation.

2) Close the investigation.

3) Forward a copy of the findings to the appropriate law enforcement agency for the

agency’s use in any criminal investigation.

4) Reopen and continue the investigation IF the appropriate law enforcement agency

subsequently determines that the alleged offender is a caretaker and notifies the

Division of its determination.

J. If the family moves to another county before the investigation is complete, notify other

county supervisor and request a transfer to that county inbox.

K. If the family moves to another state, notify that state’s Child Protective Services Division

and follow instructions from that state.

L. Ensure that all the information gathered during the investigation is contained within the

DCFS file whether or not the information supports the investigative determination.

M. Key all screens in the “Investigation” section of CHRIS including screens listed under the

“Interview” and “Client” sections within 30 days of receipt of the hotline report.

N. Complete and print CFS-6003: Report to Prosecuting Attorney within 30 days of the initial

report of severe maltreatment (Priority I reports) and send to Prosecuting Attorney and

law enforcement unless the Prosecuting Attorney and/or law enforcement has provided

written notice to the Division that the Division does not need to provide notice of the

investigative determination.

The FSW Supervisor will:

A. If the family moves to another county before the investigation is complete, transfer

investigation to the new county inbox upon receiving notification from the FSW/CACD

investigator of the move.

Division of Children and Family Services

B. Conduct a supervisory conference with the investigator 14 days following receipt of

report (or the next business day) to assess progress of the investigation up to that point.

C. In addition to 14-day supervisory conference, discuss investigation with the investigator

as appropriate/needed throughout the investigation.

D. Complete CFS-299: Investigation Checklist for Supervisors throughout the course of the

investigation.

E. Make entries on the “Inv. Notes” as the investigation is conducted (e.g., documentation

of supervisory conferences with investigator).

PROCEDURE II-D8: Health & Safety Checklist

01/2019

The FSW Investigator or the (CACD) Investigator (depending on which agency is assigned as

primary) will:

A. Identify any safety factors that may contribute to the immediate danger of the child’s

health or physical well-being.

1) If CACD is assigned primary and after interviewing the alleged victim identifies one or

more safety factors, contact the DCFS supervisor or designee immediately to conduct

a Health and Safety Assessment (i.e., Safety Planning and Investigative Risk

Assessment).

a) If after completing the Health and Safety Assessment as requested by CACD,

the FSW Investigator assesses that there is not a safety factor involved, the

FSW Investigator will:

i. Document in an investigation contact why the FSW Investigator

determined there was not a safety factor and, as such, why the FSW

Investigator did not select to implement a protection plan or remove

the child.

ii. Communicate with the CACD Investigator regarding both the CACD

initiation and the DCFS safety assessment including why the FSW

Investigator determined there was not a safety factor present.

iii. Document the communication between CACD and DCFS in an

investigations contact.

B. Complete the Health and Safety Checklist for each child in the family by identifying the

presence or absence of any safety factors by checking “yes” or “no”, respectively within

two business days.

C. Provide narrative documentation on the Health and Safety Checklist for each safety factor

identified.

In cases involving CACD as primary and DCFS as secondary, both agencies will collaborate to

ensure that DCFS has all relevant information needed to conduct the Health and Safety

Assessment (i.e., Safety Planning and Investigation Risk Assessment; see Procedures II-D9 and II-

D10, respectively, for more information).

Division of Children and Family Services

PROCEDURE II-D9: Safety Planning

01/2019

The FSW investigator will:

A. Make the appropriate child protecting decisions if the child’s health or physical well-being

are in immediate danger.

B. If a safety factor is not identified on the Health and Safety Checklist, but it is determined

that services or other actions can be put in place to address risk factors or otherwise

strengthen the family during the course of the investigation:

1) Implement the services or other actions accordingly.

2) Document services provided or other actions taken in the Service Log and

investigation contact screen in CHRIS.

a) If all of the statements on the Health and Safety Checklist screen are selected

“no,” then the default decision on the Safety Planning screen will be ”safe”

indicating that there are no children whose health or physical well-being are

likely to be in immediate danger. As such, the FSW will not have to enter any

information in the Safety Planning screen.

C. If a safety factor(s) is/are identified, establish the appropriate protecting intervention for

each identified safety factor.

1) If a protection plan can be put into place to mitigate the identified safety factor(s):

a) Determine the suitability of the person or persons responsible for carrying out

the protection actions by assuring that those persons:

i. Are present and participate in the development of the protection

plan;

ii. Are fully informed about the safety factors and concerns;

iii. Understand and accept their responsibility to protect the child;

iv. Accept and believe that the safety factors and potential dangers

exist;

v. Are available in terms of time and accessibility;

vi. Are aligned with and responsive to DCFS;

vii. Are trustworthy, dependable and have no substance use, mental

health issues, or other major life issues that may prevent them

from meeting their responsibilities in the plan; and,

viii. Provide a home that is suitable and safe if the child will be staying

there.

b) Assure that the protection plan is sufficient to manage and control identified

safety factors and prevent subsequent dangers to the child by meeting the

following criteria:

i. Does not rely on promises from caregivers or court orders

prohibiting behaviors;

ii. Focuses on enhancing caregiver protective capacities as the highest

priority for change;

Division of Children and Family Services

iii. Includes immediate supports and/or services that have an impact

on controlling identified safety factors;

iv. Is individualized to the needs and dynamics of the family and the

specific safety factor(s) identified;

v. Has a mechanism for ongoing oversight and monitoring by the FSW

that allows FSW to provide feedback to the family and problem

solve with the family as needed; and,

vi. Is time limited noting when each activity must be completed or in

place and when the plan should expire.

c) If applicable, inform the non-offending caretaker of the right to file a petition

in accordance with the “Domestic Abuse Act,” Ark. Code Ann. § 9-15-101 et

seq. in Circuit Court to have the offender removed from the home as part of

the protection plan.

d) Before leaving the home, obtain supervisory approval of the protection plan

developed with the family.

e) Provide a copy of the protection plan with the family via CFS-200: Protection

Plan before leaving the home.

f) Refer the family to the local TDM Facilitator for a Team Decision Making (TDM)

meeting within two hours of putting a protection plan in place, if applicable

(i.e., if working in a county in which TDM has been implemented; see Policy II-

F: Team Decision Making for more information).

i. If a TDM Meeting will be held regarding the protection plan, and it is

determined a petition for dependency-neglect is needed in association

with the protection plan, then the affidavit (to include information

from the TDM Meeting Summary Report) must be submitted to the

local OCC attorney in order to file the petition with the court within

two business days following the TDM Meeting.

g) Document the protection plan in CHRIS on the Safety Planning screen and

otherwise complete the Safety Planning screen in CHRIS for any safety factors

that have been identified within two business days of investigation initiation.

h) For investigations remaining open longer than 30 days, formally reassess the

health and safety of the child within thirty (30) days of the date on which the

protection plan was implemented;

i. If the formal reassessment determines that a substantial risk of harm

to the health and safety of the child remains, then submit the affidavit

and a copy of the CFS-200: Protection Plan to OCC to file a petition for

dependency-neglect.

i) If at any point a petition for dependency-neglect is filed in relation to a

protection plan, then within five days of the petition being filed, accompany

the assigned FSW caseworker to the family’s home to begin the Family

Advocacy Support Tool (FAST) assessment.

Division of Children and Family Services

2) If a protection plan cannot be put into place to mitigate the identified safety

factor(s), then the children must be removed from the home and placed in an

approved placement.

3) For all safety factors with a “yes” response, there should be corresponding

documentation in the Safety Planning screen indicating if:

a) A written, supervisor-approved protection plan was developed with and

provided to the family via CFS-200: Protection Plan thereby allowing the

child to remain safely in the home (select the appropriate radio button on

the first question in the Safety Planning screen);

i. The safety decision on the Safety Planning screen will then be

“Conditionally Safe,” meaning a protection plan has been

implemented and interventions outlined in the protection plan

have resolved the unsafe situation for the present time.

b) The child was removed from the home.

i. The safety decision on the Safety Planning screen will then be

“Unsafe” meaning a protection plan could not be established so

removal is the only protecting intervention for the children (i.e.,

without it, the children’s health or physical well-being are likely to

be in immediate danger).

D. Document in CHRIS all other FSW activities, services, and/or contacts associated with the

investigation.

E. Monitor family’s implementation of Protection Plan, if one has been put in place, via face-

to-face contact with family within at least 72 hours and a minimum of weekly face-to-face

contact while the plan continues to be necessary to protect the health and safety of the

juvenile.

F. If during the course of an investigation a protection plan is put into place by DCFS, but the

investigation is ultimately unsubstantiated and/or the court dismisses the petition

associated with the protection plan, the FSW investigator will ensure the protection plan

is reassessed with the family and communicates with other involved DCFS staff as

applicable.

Note: While a protection plan must be developed during the course of an investigation if a safety

factor is identified and the child is to be left in the home, protection plans will also be amended

as necessary and/or developed after a protective services case is opened if a safety factor is

identified.

The FSW Supervisor will:

A. Conference with the FSW investigator regarding the protection plan as needed.

B. Approve the protection plan, as appropriate, prior to the FSW investigator leaving the

home.

C. Communicate as necessary with other DCFS staff to ensure an FSW caseworker is assigned

to families for whom a protection plan has been implemented that has an accompanying

court order for dependency-neglect.

Division of Children and Family Services

D. Approve the Safety Planning screen as appropriate within 45 days of receipt of the hotline

report.

E. Communicate as necessary with DCFS staff to ensure that the protection plan is formally

reassessed at thirty (30) days, and, if needed due to a substantial risk of harm to the child’s

health and safety remaining, a petition for dependency-neglect is filed.

When a protection plan that has an accompanying dependency-neglect petition filed with the

court has been put into place, the assigned FSW caseworker will:

B. Accompany the FSW investigator to the family’s home within five days of the filing of the

petition to begin completing the Family Advocacy Support Tool with the family and FSW

Investigator.

C. Ensure other appropriate stakeholders provide input when completing the FAST (see

Policy IV-A: Family Assessments for more information).

D. Develop a case plan with the family based on the ratings of the FAST (see Policy IV-B:

Services Case Plan for more information (within 30 days of the dependency-neglect

petition being filed.

E. Update CHRIS contacts as needed.

PROCEDURE II-D10: Investigation Risk Assessment

08/2013

The Primary Investigator (including CACD when CACD is primary) will:

A. Complete the Investigation Risk Assessment on each child within 30 days of receipt of the

hotline report to help determine the likelihood of future abuse when there is an overall

true finding.

B. Complete both the abuse and neglect scale of the “Investigation Risk Assessment” screen

in CHRIS for all “True” child maltreatment findings.

C. Establish the level of risk (i.e., intensive, high, moderate, or low).

The FSW Supervisor will:

A. Review the completed Investigation Risk Assessment.

B. Determine if an override is necessary due to a unique circumstance warranting a higher

level of risk than assigned by the risk level chart.

1) Select appropriate policy override action in CHRIS if needed.

Division of Children and Family Services

PROCEDURE II-D11: Protective Custody of Child in Immediate Danger

01/2020

The FSW Investigator or On-Call Worker will:

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

a) The circumstances present an immediate danger to the child’s health or physical well-

being; or,

b) The child is neglected as defined under Garrett’s Law pursuant to A.C.A. §12-18-

103(14)(B), and the FSW investigator determines that the child and any other children,

including siblings, are at substantial risk of serious harm such that the children need

to be removed from the custody or care of the parent/legal guardian (see Appendix I:

Glossary, for definition of “neglect”); or,

c) Any child who is dependent as defined at A.C.A. §9-27-301 et. seq. (see Appendix I:

Glossary, for definition of “dependent”).

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.

1) Release custody of a child who is taken into custody pursuant to A.C.A. §12-18-

1001 if the FSW Investigator in consultation with his or her supervisor determines

that custody is no longer required; and

2) Notify the circuit court if the department releases custody of a child whom the

circuit court has taken into custody.

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:

1) Retain the child until the Division takes a hold on the child;

2) Not notify the parent until the child has been removed by the Division; and,

3) Provide the parent or guardian with the name and contact information of the Division

employee regarding the hold on the child.

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).

Division of Children and Family Services

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):

1) The grandchild resided with the grandparent for at least six consecutive months

prior to the child’s first birthday or lived with the grandparent for at least one

continuous year regardless of age;

2) The grandparent was the primary financial caregiver during the time the child

resided with the grandparent; and,

3) The continuous custody occurred within one year of the initiation of the custody

proceeding.

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(14)(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.

1) The FSW or Health Services Specialist (HSS) must sign the consent for treatment

prior to the child receiving medical and dental services during protective custody.

The FSW or HSS may:

a) Go to the medical or dental office where treatment is to be provided and sign

the consent for treatment forms; or,

b) Have the form faxed, sign the form, and fax it back to the service provider; or,

c) If the provider allows phone consent, they may provide consent via the

telephone.

This should be completed prior to the foster parent accompanying the child for treatment.

In emergency situations, the on-call FSW will be available to sign for medical or dental

treatment.

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

L. If a provisional placement will be pursued:

1) Notify the area Resource Worker Supervisor by email within twenty-four hours of

removal that children have been removed and a potential provisional placement has

been identified.

a) In the notification email provide the area Resource Worker Supervisor with:

i. Names and ages of the children who have been removed;

ii. Name(s)of potential provisional placement;

iii. Relationship of potential provisional placement to children;

iv. Contact information for potential provisional placement;

Division of Children and Family Services

v. Any other information collected regarding potential provisional

placement (see CFS-450: Prospective Provisional Foster Parent

Information and Questionnaire for more information).

2) Interview the child(ren), if age appropriate, to assess how the child may feel about

placement with a specific relative.

3) See Policy VI-B: Consideration of Relatives for Children in Foster Care for further

information on provisional placements.

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.

PROCEDURE II-D12: Using Interpreter Services During an Investigation

01/2020

Both verbal language interpreter services and American Sign Language (ASL) interpreter

services are available statewide and require, when possible, a 24-hour notice. Language

interpretation may be provided over the phone as well as in person.

Spoken Interpreter Services

The FSW Investigator will:

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

1) Contact the area financial coordinator to request interpreter services if the service is

needed during regular work hours.

2) Provide the financial coordinator with:

a) Date, time, and location that the service is needed.

b) The language (including ASL) for which the service is needed.

c) Whether in person interpretation services or telephonic interpretation services

are needed.

d) Notification if the appointment must be cancelled.

3) If in person language interpretation is provided:

a) Sign the service verification form provided by the interpreter after service is

rendered. The signature verifies that the service was provided.

b) Return the signed verification form to the interpreter.

4) If interpretation services are provided over the phone, there will not be a

verification form to sign.

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

1) Contact the appropriate vendor directly to schedule the appointment.

Division of Children and Family Services

2) Notify the provider if the appointment must be cancelled.

3) Sign the service verification form provided by the interpreter after service is

rendered. The signature verifies that the service was provided.

4) Return the signed verification form to the interpreter.

The Financial Coordinator will:

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

Written Translation Services

DCFS staff member needing the service will:

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.

DCFS Central Office will:

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.

PROCEDURE II-D13: Request for Investigative Timeframe Extension

08/2013

If the FSW investigator is unable to make a supervisor approved investigative determination

within 45 calendar days of receipt of the child maltreatment report due to good cause, then the

FSW investigator will:

A. Conference with his/her supervisor regarding the need for extension.

B. By no later than the 40

day of the investigation, request his/her supervisor to submit

the completed CFS-217: Request for Investigation Timeframe Extension via CHRIS.

The FSW Supervisor will:

A. Review and discuss the request and associated investigative file with the investigator

within 24 hours of the request.

B. If it is determined that:

1) An extension is warranted:

a) Immediately forward the CFS-217: Request for Investigation Timeframe

Extension via CHRIS (level 9 security required) and any supporting

documentation to the Area Director or designee.

2) An extension is not warranted:

a) Deny the request in CHRIS;

Division of Children and Family Services

b) Conference with investigator as to how to ensure a supervisor approved

investigation determination is made within 45 days of the receipt of the child

maltreatment report from the hotline.

The Area Director or designee will:

A. Review and discuss the request and associated investigative file with the investigator

within 24 hours of the request.

B. If it is determined that:

1) An extension is warranted:

a) Immediately forward the CFS-217: Request for Investigation Timeframe

Extension via CHRIS and any supporting documentation to the Assistant Director

of Community Services or designee.

2) An extension is not warranted,

a) Deny the request in CHRIS:

b) Conference with FSW Supervisor as to how to ensure a supervisor approved

investigation determination is made within 45 days of the receipt of the child

maltreatment report from the hotline.

The Assistant Director of Community Services or designee will:

A. Review and respond to any extension request within 24 hours of receipt of request

via CHRIS.

PROCEDURE II-D14: Child Maltreatment Investigation Closures and

Determinations

02/2020

Within 45 calendar days of receipt of a report from the Child Abuse Hotline (or within 60 calendar

days for those investigations for which an extension was granted as outlined above) a child

maltreatment investigation will be either administratively closed pursuant to A.C.A. §12-18-601

without a determination, or closed with a determination of either:

A. Unsubstantiated

B. True

C. True but exempted for:

1) Neglect as defined by A.C.A. § 12-18-103(13)(B) (i.e., Garrett’s Law)

2) Religious beliefs

3) Underaged juvenile offenders

4) Juvenile offenders less than fourteen (14) years of age; or,

D. Inactive.

ADMINISTRATIVE CLOSURES

In order to conduct an administrative closure, the FSW will:

Division of Children and Family Services

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:

1) 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; and,

2) FSW has determined based on review of prior child maltreatment history that the

health and safety of the child can be assured without further investigation by DCFS;

and,

3) FSW determines that abuse or neglect of the child did not occur; and at least one of

the following criteria are met:

a) There are indications of malicious reporting; or,

b) Details of the allegations are insufficient to investigate; or,

c) Reporter was anonymous, and no evidence exists to corroborate the report; or,

d) There is no available evidence to support or refute the allegation(s) due to the

passage of time between the alleged occurrence of the maltreatment and the

time the report was made.

The FSW Supervisor will:

A. Review the request for administrative closure to ensure:

1) The victim child was interviewed outside the presence of the alleged offender;

2) The home environment of the victim child was assessed, as appropriate given the

maltreatment allegation; and,

3) Collateral witness interview(s) occurred.

B. Determine if the request meets criteria for administrative closure and within two (2)

business days of receipt:

1) Submit for three tier closure approval if criteria are met; or,

2) If criteria for administrative closure are not met:

a) Deny request for administrative closure; and

b) Complete a case consultation with FSW to discuss the reasons for denial of

administrative closure request and develop a plan for completion of the

investigation.

The DCFS Director or designee will:

A. Determine if the request meets criteria for administrative closure within two (2)

business days of receipt and:

1) Approve administrative closure request if criteria have been met; or,

2) Deny request for administrative closure adding details of denial in the comments

section.

Division of Children and Family Services

EXEMPTED NO RISK SELECTIONS

When considering whether the offender named in an investigation with the determination of

true may pose a risk to vulnerable populations, the FSW will:

A. Consider the following factors:

1) The severity of the child maltreatment;

2) The nature and severity of an injury or other adverse impact caused by the child

maltreatment;

3) The current or future access the offender has or could have to a vulnerable

population;

4) Offender’s previous child maltreatment history and whether there are similar

fact patterns related to current offense and past child maltreatment history;

5) Subsequent reports of child maltreatment against the offender;

6) Criminal history of the offender; and,

7) Risk assessment tool rating.

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.

When considering whether the offender may pose a risk to vulnerable populations, the FSW

Supervisor will:

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:

1) If approving based on review, submit ‘Exempt-No Risk’ for third tier approval.

2) If denying based on review:

a) Deny request and enter comments regarding the denial in the denial

comments; and,

b) Complete a consultation with FSW regarding denial.

When considering whether the offender may pose a risk to vulnerable populations, the DCFS

Director or designee will:

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:

1) Approve request if appropriate; or,

2) Deny request adding details of denial in the comments section.

Division of Children and Family Services

OTHER DETERMINATIONS

For all other determinations, the FSW Investigator will:

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.

1) For true but exempted determinations involving underaged juvenile offenders with

sexual abuse allegations:

a) Select the “Alleged Juvenile Offender–Under Age Fourteen” in the Role in Referral

Select box on the Abuse/Neglect Screen in Referral or Investigation in CHRIS.

b) Select “Exempted from Finding (Underaged Juvenile Offender)” as the individual

finding in the Investigation Findings screen in CHRIS.

c) When “Exempted from Finding (Underaged Juvenile Offender)” appears in the

individual finding, the overall finding for the investigation will be Exempted

(Underage Juvenile Offender at Time of Incident) provided that there are no other

allegations associated with the report. If True is selected for another allegation in

the Investigation the Overall Finding will be changed to True. If the Individual

Findings for any other allegations in the investigation are Unsubstantiated and the

Individual Finding is “Exempted (Underage Juvenile Offender at Time of Incident)”

for the sexual abuse allegation with the underage juvenile offender, the Overall

Finding will be “Exempted (Underage Juvenile Offender at Time of Incident)”.

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 A.C.A. §12-18-703 et seq. See Policy

XIV-A: Notices Regarding Child Maltreatment and related procedures.

The FSW Supervisor will:

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.

PROCEDURE II-D15: Referrals and Case Openings Based on Investigative Findings

08/2013

The FSW Investigator will:

A. For reports of sexual abuse determined to be true and involving an alleged offender under

18 years of age at the time the act or omission occurred, refer the alleged offender and

victim for mental health services by:

Division of Children and Family Services

1) Providing the parents or legal guardians of the alleged offender and victim with a list

of mental health professionals or agencies available to evaluate and treat the alleged

offender and victim, if necessary; and,

2) Assisting the parents or legal guardians of the alleged offender and victim with a

referral for a mental health evaluation, if necessary.

B. For true reports regardless of allegation type, open a protective services or foster care

case as appropriate and/or make referrals as appropriate.

1) If a protective services or foster care case will not be opened on a true report,

supervisor and Area Director approval are required in CHRIS.

2) If a protective services or foster care case will not be opened on a true report involving

any children in the home under the age of three (3), make a referral to the DHS

Division of Developmental Disabilities Services Children’s Services for an early

intervention screening via DHS-3300 in CHRIS (see Policy II-I: Early Intervention

Referrals and Services and related procedures for more information).

C. For unsubstantiated reports, open a supportive services case if the family needs and

agrees to services.

The FSW Supervisor will:

A. Assist FSW Investigator, as appropriate/needed, with any referrals.

B. Complete/approve the “Investigation Case Connect” screen as appropriate and assign

and open a case if appropriate.

However, when CACD is assigned as the primary investigator and the determination is

unsubstantiated, CACD will:

A. Complete/approve the “Investigation Case Connect” screen.

PROCEDURE II-D16: DCFS and Law Enforcement Interfaces and Responses

01/2020

When a custodian is arrested and can no longer care for his/her children, law enforcement often

contacts DCFS. The DCFS response depends upon whether the arrest of the parent is related to a

child maltreatment or non-child maltreatment offense as well as other factors that must be

assessed by DCFS. Some situations and appropriate DCFS responses include the following:

CHILD MALTREATMENT RELATED CHARGE WITHOUT IMMEDIATE DCFS NOTIFICATION

When law enforcement arrests a custodian on a child maltreatment related charge, (e.g., driving

drunk with the child) and does not notify DCFS prior to placing the child with an appropriate

relative or fictive kin, but DCFS learns of the placement at a later point in time, the FSW will:

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)).

Division of Children and Family Services

1) To determine safety and appropriateness of placement, conduct:

a) Child Maltreatment Central Registry Check;

b) Arkansas State Police Criminal Background Check;

c) Vehicle Safety Program (DMV) Check;

d) Individual interview with each child involved; and,

e) Visual inspection of the identified home.

i. If results of these background checks and the visual inspection of the

home indicate the placement is safe and appropriate, then the FSW

will:

(1) Allow child to remain with that relative or fictive kin;

(2) Seek, if appropriate, an order of less than custody

prohibiting the parent or legal guardian from removing the

child from the relative.

ii. If the results of these background checks and visual inspection of the

home do not indicate the placement is safe and appropriate, then the

FSW will:

(1) Take a 72-hour hold on the child 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.

(2) Initiate a dependency-neglect action by completing the

affidavit and notifying the Office of Chief Counsel.

(3) 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 for the child. If so:

(a) For relatives and fictive kin to the child, discuss the

option of opening as a provisional home (see

Procedure VI-B1 for more information).

(b) If the relative or fictive kin declines the option of

opening as a provisional home, discuss with the

individual the option of assuming custody of the

child (see Procedure VI-B3 for more information).

CHILD MALTREATMENT RELATED CHARGE WITH IMMEDIATE DCFS NOTIFICATION

When law enforcement arrests a custodian on a child maltreatment related charge, (e.g., driving

drunk with the child) and notifies DCFS, the FSW will:

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:

Division of Children and Family Services

1) For a non-custodial parent, discuss the option of a trial home placement (see

Policy VI-B and Procedure VI-B1 for more information);

2) For relatives or fictive kin, discuss the option of opening as a provisional foster

home (see Procedure VI-B2 for more information);

3) If the relative or fictive kin declines the option of opening as a provisional, discuss

with the individual the option of assuming custody of the child (see Procedure VI-

B3 for more information);

4) The child must remain in approved out-of-home placement until the relative or

fictive kin is opened as a provisional home or until the court grants custody to the

non-custodial parent, relative, or fictive kin.

NON-CHILD MALTREATMENT RELATED CHARGE WITH IMMEDIATE DCFS NOTIFICATION

When law enforcement arrests a custodian for reasons not related to child maltreatment (e.g.,

writing hot checks, outstanding warrant unrelated to child abuse or neglect, etc.) the FSW will:

A. Determine via phone if law enforcement is aware of whether parents have made or are

attempting to make child care arrangements.

1) If the parents cannot make child care arrangements:

a) 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.

b) Initiate a dependency-neglect action by completing the affidavit and

notifying the Office of Chief Counsel.

c) 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 for the child. If so:

i. For a non-custodial parent, discuss the option of a trial home

placement (see Policy VI-B and Procedure VI-B1 for more

information).

ii. For relatives or fictive kin, discuss the option of opening as a

provisional home (see Procedure VI-B2 for more information).

iii. If the relative or fictive declines the option of opening as a

provisional home or the person identified is fictive kin, discuss with

the individual the option of assuming custody of the child (see

Procedure VI-B3 for more information).

2) If the parents are making or have made child care arrangements, then determine:

a) Identity of prospective caretaker;

b) Whether prospective caretaker is assumed to be an appropriate caregiver;

c) When prospective caretaker is expected to arrive;

d) Whether child may wait with or without DCFS representative at present

location until caretaker arrives.

i. If child may wait at present location and identified caretaker is a

custodian with equal or joint custody (divorced custodian must

Division of Children and Family Services

show proof of equal or joint custody), allow child to remain with

that custodial parent with no further action from DCFS.

ii. If child may wait at present location and identified caretaker is not

custodian with equal or joint custody but:

(1) Is/has been approved by the parent, and,

(2) Arrives in timely manner; and,

(3) Is otherwise appropriate; then,

Allow child to go with identified caregiver with no further action

from DCFS.

iii. If child may remain at present location but identified caretaker:

(1) Is NOT/has NOT been approved by the parent; or,

(2) Does NOT arrive in timely manner; or,

(3) Is otherwise inappropriate; then,

FSW will 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.

iv. If the caretaker 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 for the child:

(1) For a non-custodial parent, discuss the option of a trial

home placement (see Policy VI-B and Procedure VI-B1 for

more information).

(2) For relatives and fictive kin, discuss the option of opening

as a provisional home (see Procedure VI-B2 for more

information).

(3) If a relative or fictive declines the option of opening as a

provisional home or the person identified is fictive kin,

discuss with the individual the option of assuming custody

of the child (see Procedure VI-B3 for more information).

Division of Children and Family Services

POLICY II-E: MEDICAL NEGLECT OF AN INFANT WITH DISABILITIES

09/2011

The Division of Children and Family Services shall maintain sufficient contact with health care

facilities to facilitate communication between those facilities and the Division in order to enable

the health care facilities to report suspected medical neglect of an infant with disabilities.

PROCEDURE II-E1: Medical Neglect of an Infant with Disabilities

The Family Service Worker will:

A. Make telephone inquiry to the health care facility immediately upon receipt of an

allegation of suspected medical neglect of an infant with disabilities to determine if:

1) The infant has a life-threatening condition,

2) The parents have refused to consent to treatment,

3) The treating physician recommended treatment, and

4) The facility’s infant care review committee has analyzed the child’s health and family

circumstances.

B. Contact the Child Protective Services Field Assistance Unit immediately to arrange an

assessment by the contracted physician.

C. Contact OCC if a parent will not sign a release to allow DCFS to examine medical records

or obtain an independent medical examination of the infant.

Division of Children and Family Services

POLICY II-F: SUBSTANCE EXPOSED INFANT REFERRAL AND ASSESSMENTS

01/2020

The Division of Children and Family Services (DCFS) believes in coordinating with other state

agencies and community partners to help strengthen and support families in an effort to prevent

child abuse and neglect. The goal of prevention of child abuse and neglect extends to all families.

However, as guided by the Comprehensive Addiction and Recovery Act (CARA), along with the

Child Abuse Prevention and Treatment Act (CAPTA) it amended, the Division is specifically tasked

with collaborating across systems to address the needs of substance exposed infants to prevent

future child maltreatment of this vulnerable population.

DCFS, in coordination with other state agencies and community partners, strives to address the

needs of substance exposed infants primarily through two (2) approaches:

A. Addressing the needs of substance exposed infants who are defined as neglected

pursuant to A.C.A. 12-18-103(14)(B)(i)(a)-(b) (i.e., Garrett’s Law referrals) and the needs

of their families via an investigative response. For more information regarding this

approach, please see Policy II-D: Investigation of Child Maltreatment Reports.

B. Implementing a referral process for healthcare providers involved in the delivery and care

of infants to report, for the purpose of an assessment not related to a child maltreatment

investigation, infants who have not been neglected as defined in A.C.A. 12-18-

103(14)(B)(i)(a)-(b), but who are born with and affected by:

1) A Fetal Alcohol Spectrum Disorder (FASD);

2) Maternal substance abuse resulting in prenatal drug exposure to an illegal or legal

substance; or

3) Withdrawal symptoms resulting from prenatal drug exposure to an illegal or a legal

substance.

“Affected by” means:

1) An infant exhibits a condition or conditions associated with the mother’s use of

alcohol during pregnancy or a healthcare provider has an articulated concern that the

infant suffers from a fetal alcohol spectrum disorder;

2) An adverse effect or effects in physical appearance or functioning that are either

diagnosed or otherwise observed and are a result of the mother’s use of a legal or

illegal substance during pregnancy; or

3) An infant exhibits withdrawal symptoms in physical appearance or functioning as a

result of the mother’s use of a legal or illegal substance during pregnancy.

“Infant” means any child thirty (30) days old or less.

The remainder of this policy and related procedures are specific to approach B, herein after

referred to collectively as prenatal substance exposure referrals and assessments.

Division of Children and Family Services

Healthcare providers involved in delivery or care of infants are required to make prenatal

substance exposure referrals to the Arkansas Child Abuse Hotline. The Arkansas Child Abuse

Hotline will accept prenatal substance exposure referrals. Upon receipt of a prenatal substance

exposure referral from a health care provider, the Arkansas Child Abuse Hotline will assign the

referral to DCFS for a Referral and Assessment (R and A). The Request for DCFS Assessment

Screen accommodates instances where an individual is not reporting maltreatment but is

requesting an assessment and appropriate services for the family based on an assessment of the

family’s strengths and needs.

Prenatal substance exposure referrals will be assigned to the appropriate county-level

Differential Response (DR) staff (though prenatal substance exposure referrals are separate and

apart from differential response allegations). For a prenatal substance exposure referral to be

considered initiated, DR staff must make face-to-face contact with the infant or at least one (1)

parent of the infant within seventy-two (72) hours of receipt of the referral from the hotline. If

the infant and parent/caregiver are not seen together at the initiation, then DR staff must make

face-to-face contact with the individual not seen at initiation within five (5) calendar days of

receipt of the referral as well any other adult household members within the same five (5)

calendar day timeframe. During each contact with the parent(s)/caregiver(s), DR staff are

responsible for engaging the family in an assessment of strengths and needs and developing a

plan of safe care for the family. The plan of safe care will be designed to ensure the safety and

well-being of an infant following the release of the infant from the care of a healthcare provider

and include content that addresses the health and substance use disorder treatment needs of

the infant and affected family or caregiver.

PROCEDURE II-F1: Prenatal Substance Exposure Referrals

01/2020

The Child Abuse Hotline Worker will:

A. Receive and document prenatal substance exposure referrals from health care providers

involved in the delivery and care of infants with sufficiently identifying information as

defined by Arkansas law.

B. Conduct a history check on all reports unless call waiting to be answered by the hotline

have been waiting for fifteen (15) minutes or longer.

C. If the report qualifies as a prenatal substance exposure referral, select “Refer to DCFS for

Assessment” from the Request for DCFS Assessment screen.

D. Inform the caller if the report does not constitute a prenatal substance exposure

referral.

Division of Children and Family Services

PROCEDURE II-F2: Receipt and Assignment of Prenatal Substance Exposure

Referrals

01/2020

The Differential Response Supervisor or designee will:

A. Check CHRIS inbox at least one (1) time in the morning and one (1) time in the afternoon

each business day.

B. Assign each new referral to a DRT Specialist within four (4) hours of receipt excluding

evenings, weekends, and holidays.

PROCEDURE II-F3: Prenatal Substance Exposure Assessment and Plan of Safe

Care

01/2020

The Differential Response Supervisor or designee will:

A. Conference with the DRT Specialist within one (1) business day after the DRT Specialist’s

initial face-to-face contact with the infant and at least one (1) parent/caregiver and

discuss development of CFS-101: Plan of Safe Care.

B. Document all supervisor activities in CHRIS within one (1) business day of completion of

each activity.

C. Regarding families with whom the DRT Specialist cannot make face-to-face contact,

assess information and determine whether DRT Specialist has met due diligence no later

than the seventh day after assignment.

D. Provide consultation to the DRT Specialist as appropriate.

The Differential Response Team (DRT) Specialist will:

A. Prepare for meeting the family by completing the following activities prior to making

initial face-to-face contact with the family:

1) Interview other persons, including the individual(s) who called the report into the

hotline, with information listed on the referral;

2) Conduct a Division of County Operations (DCO) records check of members of the

household;

3) Conduct a CHRIS history search prior to contacting the family unless the report is

received after hours or during the weekend or a holiday; and,

4) Contact the family by phone within twenty-four (24) hours of assignment, if a phone

number is provided in the report or if appropriate considering initiation timeframe

requirements to:

a) Explain prenatal substance exposure assessments and plan of safe care;

Division of Children and Family Services

b) Schedule the initial family visit that will include at least the infant or one (1)

parent/caretaker.

B. Consider the prenatal substance exposure referral initiated when:

1) The health and safety of the infant has been assessed within seventy-two (72) hours

from the time the referral was received from the Child Abuse Hotline, or the DRT

Specialist has met with at least one (1) parent/caregiver within seventy-two (72)

hours from the time the referral was received at the Child Abuse Hotline (based on

the reported needs or safety issues of the family, DRT Supervisor may require that

the initial contact with the family occur sooner than seventy-two (72) hours); or,

2) Neither a health and safety assessment of the infant nor face-to-face contact with at

least one (1) parent/caregiver could be made but due diligence has been exercised

and documented within seventy-two (72) hours of receipt of the hotline referral.

Due diligence must include:

a) Making an announced (or unannounced, if needed) visit to the family at least

three (3) times at different times of the day or on different days (provided the

three (3) visits are within the appropriate initiation timeframes) in an attempt to

assess the health and safety of the infant and develop a plan of safe care with

the parent/caregiver; and,

b) If a contact is not made via the efforts described in a) above, completing as many

of the following activities necessary to establish face-to-face contact with the

infant or at least one (1) parent/caretaker (note: efforts below may be done

concurrently with activities described in item a) above):

i. Contacting the reporter again if the reporter is known;

ii. Contacting appropriate local DCO staff and requesting research of their

record systems and other files to obtain another address;

iii. Contacting the local post office and utility companies to request a

check of their records;

iv. Conducting Lexis Nexis search to attempt to locate the family;

c) If after completion of all the due diligence activities listed above, no contact is

made with the infant or a parent/caregiver by the sixth business day after

assignment, document information on a case contact (DRT Supervisor will assess

the information and determine whether due diligence has been met, no later

than the seventh day after case assignment);

d) If DRT Supervisor deems that due diligence has been met, close referral.

C. Explain to the parent/caregiver prenatal substance exposure referrals including the

development of the CFS-101: Plan of Safe Care, and that the Division must address any

safety factors or needs as appropriate, to include report to the Child Abuse Hotline if child

maltreatment is identified or there is reasonable cause to suspect maltreatment.

D. If the infant and parent/caregiver are not seen together at the initiation, then make face-

to-face contact with the individual not seen at initiation within five (5) calendar days of

receipt of the referral as well any other adult household members within the same five

(5) calendar day timeframe.

Division of Children and Family Services

E. Develop CFS-101: Plan of Safe Care with the family within fourteen (14) calendar days of

receipt of the referral and ask the family if they are interested in continuing services with

DCFS through a supportive services case.

1) If the family accepts continued services through a supportive services case, see

Policy II-A: Supportive Services and related procedures using the CFS-101: Plan of

Safe Care to inform the development of the case plan of the supportive services

case that will be opened.

2) If the family declines continued services through a supportive services case,

a) Make any referrals noted on the CFS-101: Plan of Safe Care; and,

b) Within the close button on the Request for DCFS Assessment screen,

document completion of the assessment and the plan of safe care.

F. Request a supervisor conference to review/discuss case information (i.e., allegation,

risk/safety concerns, immediate needs, and other case specific information).

G. Document all activities in CHRIS within one (1) business day after they are completed.

Division of Children and Family Services

POLICY II-G: TEAM DECISION MAKING

1/2020

The policy and related procedures in this section only apply to those counties in which Team

Decision Making has been implemented.

OVERVIEW

Team Decision Making (TDM) provides a facilitated forum for families, community members, and

DCFS to collaboratively problem solve and make decisions regarding children’s safety and

placement using the most information possible. TDM has proven to be an effective intervention

in ensuring that all placement decisions are a shared responsibility and in the best interest of

children. TDM also assists in establishing a network of support for children and the adults who

care for them. As such, the consistent and effective use of Team Decision Making promotes family

engagement and helps to maintain safe family relationships that are crucial to

minimizing trauma to children.

TEAM DECISION MAKING INITIATION AND REFERRAL

A Team Decision Making (TDM) meeting is held within three business days of the establishment

of a protection plan due to a safety factor (see Appendix IX: Arkansas Health and Safety Factors)

being identified in the home and always before the case is brought to court. However, a

dependency-neglect petition related to a protection plan may be filed with the court when

necessary. The protection plan will be filed with the court within 30 days of an initial protection

plan being put in place if a dependency-neglect petition was not previously filed in association

with the protection plan, and it is assessed that a substantial risk of harm to the health and safety

of the child remains and that the protection plan must stay in place to ensure the health and

safety of the child. TDM meetings referrals are made by the DCFS FSW who put the protection

plan in place to the area DCFS Facilitator. If the area DCFS Facilitator is unavailable, the DCFS FSW

who put the protection plan in place will contact the DCFS Facilitator Supervisor. The DCFS

Facilitator Supervisor will then make a referral to a back-up facilitator who can facilitate the TDM

meeting within three business days of the establishment of a protection plan.

A TDM meeting is also held within three business days of receipt of any Garrett’s law allegation

– regardless of whether the child is left in the home or removed – to the hotline and always

before the case is brought to court. However, if a protection plan is put into place at the initiation

of an investigation involving a Garrett’s Law report, a dependency-neglect petition may be filed

with the court in association with that protection plan as necessary. The protection plan will be

filed with the court within 30 days of an initial protection plan if a dependency-neglect petition

was not previously filed in association with the protection plan, and it is assessed that a

substantial risk of harm to the health and safety of the child remains and that the protection plan

must stay in place to ensure the health and safety of the child. TDM meeting referrals related to

Garrett’s Law allegations are made by the primary DCFS FSW investigator to the area DCFS

Facilitator. If the area DCFS Facilitator is unavailable, the primary DCFS FSW investigator will

Division of Children and Family Services

contact the DCFS Facilitator Supervisor. The DCFS Facilitator Supervisor will then make a referral

to a back-up facilitator who can facilitate the TDM meeting within three business days of an

accepted report of a Garrett’s Law allegation to the hotline.

The TDM Supervisor may waive the TDM Meeting requirement for extenuating circumstances

that render a TDM Meeting unnecessary (e.g., a foster care case is already opened, a hotline

referral involving a child death with no siblings or other children under the care of the alleged

offender, a Garrett’s Law referral in which the biological mother is already working with the

Office of Chief Counsel to put the infant up for adoption, etc.).

TEAM DECISION MAKING PREPARATION

All Team Decision Making meetings will be held outside of the DHS county office in an effort to

conduct the meetings in a more family-friendly environment. Only the TDM Supervisor may

approve for a TDM meeting to be held in the DHS county office for special circumstances such as

safety concerns, inclement weather, etc.

Prior to the Team Decision Making meeting, the FSW and the FSW Supervisor who approved the

initial protection plan or the primary FSW investigator involving a Garrett’s Law allegation and

that FSW’s Supervisor will conference with the Facilitator who will moderate the TDM meeting

in order to prepare for the TDM. This conference will allow these Division staff members to

review the TDM process as necessary and review information gathered at that point in time

regarding the family with particular attention to the identified safety factors and/or other

information gathered during the investigation involving a Garrett’s Law allegation. During this

meeting DCFS staff will assess whether the children involved in the protection plan and/or the

children involved in an investigation involving a Garrett’s Law allegation should be present at the

TDM meeting based on the children’s preferences and the children’s ability to handle the

emotional impact of the meeting.

A safety check-in meeting will also occur per TDM protocols with the biological parent(s) and

children who plan to participate in TDM prior to the TDM meeting. The safety check-in is

conducted to learn about any safety concerns the parents and/or children may have regarding

the meeting proceedings and/or other participants. If safety concerns exist, DCFS will ensure the

appropriate precautions are put in place.

TEAM DECISION MAKING PARTICIPANTS

Concerted efforts shall be made by DCFS to engage the biological parents (or other person

responsible for care, as applicable) and support their attendance at the Team Decision Making

meeting. Children are also encouraged to participate in the meeting when deemed appropriate

according to their age, developmental status, emotional condition, and trauma-related needs

and responses. The FSW who put the protection plan into place and/or the primary FSW

investigator involving a Garrett’s Law allegation and the Facilitator must participate in the TDM

meeting.

Division of Children and Family Services

The FSW Supervisor who approved the protection plan or the supervisor of the primary FSW

investigator involving a Garrett’s Law allegation is also required to participate in the TDM

meeting. If necessary, the FSW Supervisor may participate by phone with prior approval from the

Area Director. If an emergency arises and the FSW Supervisor is unable to participate even by

phone, then the Area Director is responsible for ensuring another supervisor, preferably the

county supervisor, participate in the TDM meeting in order to better support the FSW. For TDMs

involving protection plans, the FSW’s direct supervisor (if different from the FSW Supervisor who

approved the protection plan) is encouraged, but not required, to attend the TDM meeting. Any

other supervisor is welcome to attend the TDM meeting if desired.

The biological parents (or other person responsible for care, as applicable) and children are

recognized as the experts regarding their family’s needs and strengths. The FSW serves as the

representative to speak to the protection plan and/or his/her initial assessment of family

functioning for those families involved in an investigation with a Garrett’s Law allegation. The

Facilitator is a trained process expert with extensive knowledge of agency history, policies,

procedures, and best practices. He or she works with everyone present at the TDM meeting to

lead that group through solution-focused discussion that provides all participants with

opportunities to voice their thoughts, concerns, and suggestions.

With a parent's (or other person responsible for care, as applicable) consent, additional efforts

to include relatives, natural support persons, and current service providers will be made. The

Division will be mindful about the balance of staff or professionals to family members and their

natural supports. The more family-supportive individuals involved in the decision-making

process, the more likely the resulting plan will be customized to meet the unique needs of the

family. TDM participants may include, but are not limited to:

A. Extended family and/or fictive kin invited by parents to support, assist, and/or serve as a

resource.

B. Current caregivers (if not the biological parents) so they may assist in providing

information regarding children’s needs and in developing ideas and reaching decisions.

C. Community partners who are defined as such by the family or the Division, whether based

on neighborhood, faith/religion, or other connection, to provide support, resource

expertise, and external perspective in decision-making.

D. Service providers who are currently involved with family and can provide insight regarding

family functioning and assist in problem solving.

E. Other public agency staff such as representatives from Division of Behavioral Health

Services, Division of Developmental Disabilities Services, Division of Youth Services,

Department of Education, Department of Workforce Services, Public Housing Authority,

etc. to provide expertise and information.

TEAM DECISION MAKING MEETING GOALS AND PROCESSES

During the Team Decision Making meeting the group:

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A. Engages the family to discuss family’s needs and strengths;

B. Reviews the family’s protection plan, as applicable;

C. Assesses the effectiveness of the protection plan thus far, as applicable;

D. Assesses any risk factors;

E. Determines if any changes to the protection plan are needed, as applicable;

F. Decides if other appropriate services and supports are available to strengthen the family;

and,

G. Reaches consensus regarding the child’s placement that protects the child and preserves

the family.

For TDM meetings involving protection plans, the original protection plan that the FSW put into

place via the CFS-200: Protection Plan will be documented on the Safety Planning Screen of the

Health and Safety Assessment. If the protection plan is updated or otherwise enhanced during

the course of the TDM meeting, any pieces of the initial protection plan (documented on CFS-

200: Protection Plan) that will remain in the updated version must also be documented on CFS-

355: Team Decision Making Meeting Summary Report. In addition, any new information or

requirements to which the team agrees during the TDM meeting will also be included on the CFS-

355: Team Decision Making Meeting Summary Report. The information and requirements

outlined in the TDM Action Plan that all participants agree to by signing the CFS-355 replaces the

original protection plan for the family.

For TDM meetings involving allegations of Garrett’s Law for which no protection plan was put

into place during the investigation, the CFS-355: Team Decision Making Meeting Summary Report

signed by all participants will serve as the TDM Action Plan for that family. As per the CFS-355,

each person’s signature on that form means that he or she understands and agrees to the actions

steps outlined on the CFS-355.

Privacy and respect are valued and practiced during TDM meetings. However, information from

the meeting may be used, as applicable, for future case planning, in subsequent court

proceedings, and/or in the investigation of any new allegations of abuse or neglect.

The Division maintains the legal responsibility to make decisions regarding children’s placement

and safety at all times. If the entire group involved in the TDM meeting cannot reach consensus,

the Facilitator must at least ensure the Division staff involved in the TDM meeting reach

consensus.

TEAM DECISION MAKING REVIEW PROCESS

A review process is available if Division staff members believe the decision puts the child at

serious risk of harm or violates law or policy. A Division staff member who requests a review

process must notify the group of his/her intent to seek review before the Team Decision Making

meeting adjourns. The TDM Review will be conducted immediately by either a DCFS County

Supervisor or the Area Director, as appropriate, prior to participants leaving. The TDM Review

may be conducted in-person or by phone conference. The final decision is made by the TDM

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Reviewer after hearing summaries of the meeting and reason for review. Division personnel are

responsible to implement the final decision and demonstrate full support.

TEAM DECISION MAKING FOLLOW-UP

Following all Team Decision Making meetings, the FSW, FSW Supervisor who approved the

protection plan or supervisor of the primary FSW investigator involving a Garrett’s Law allegation,

and Facilitator will meet or conference call within 24 hours to debrief the TDM meeting. The

debriefing meeting serves as a learning tool for Division staff by allowing them to give each other

feedback regarding their interactions in the meeting specific to processes and roles. The

debriefing meeting is not a time to revisit the content of the discussion or reconsider the decision

made during the TDM meeting.

The DCFS Facilitator will enter all required TDM data elements into CHRIS within three business

days of the TDM meeting. If a back-up Facilitator participated in the meeting, that back-up

Facilitator must provide all data elements to the DCFS Facilitator within three business days. The

DCFS Facilitator will enter the TDM data elements into CHRIS within three business days of

receipt of the data elements from the back-up Facilitator.

The FSW who put the protection plan into place will continue to be responsible for monitoring

the protection plan and any other elements necessary, as determined during the TDM meeting,

throughout the completion of the investigation.

For Garrett’s Law referrals involving two counties (e.g., parents reside in one county but give

birth to the infant in a neighboring county), the secondary FSW investigator who initiates the

investigation will also interview any other collaterals available at the time of initiation in the

county where the infant was born (if applicable) based on when infant was discharged from the

hospital and when the hotline report is accepted.

The primary FSW investigator in the county where the family resides will conduct a home visit

before the TDM meeting takes place, if possible. However, the primary FSW investigator must

conduct a home visit prior to the infant’s discharge from hospital (if applicable depending on

when hotline report was made). If the home visit is conducted before the TDM meeting occurs

and prior to the infant’s discharge from the hospital, then that home visit will meet the

requirement for both. The primary FSW investigator will also interview all other necessary

collaterals who were not interviewed during the investigation initiation.

The primary and secondary investigators must share all information regarding the investigation

prior to the TDM meeting. The secondary investigator is not required to attend the TDM meeting

but is encouraged to do so. The primary investigator must attend the TDM meeting.

If a protective services or foster care case is subsequently opened, the FSW who initially put the

protection plan into place and participated in the TDM meeting will communicate all information

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regarding the plan and TDM meeting to the appropriate FSW caseworker. The newly assigned

FSW caseworker will then have the primary responsibility of monitoring the protection plan, any

other associated elements, and case plan (i.e., the case plan is separate from the protection plan).

Procedure II-G1: Team Decision Making Initiation and Referral

1/2020

After establishing a protection plan and/or initiating an investigation involving a Garrett’s Law

allegation (regardless of whether the child is left in the home or removed), the FSW will:

A. Inform parents (or person responsible for care, as applicable) and youth (as appropriate)

of:

1) The purpose of a Team Decision Making (TDM) meeting;

2) That they will be required to attend the next scheduled TDM meeting; and,

3) What will be expected of them during the TDM meeting (e.g., to share their

understanding of the safety and risk issues as well as strengths in their home, their

understanding of the protection plan as applicable, etc.).

B. Tell the parents (or person responsible for care, as applicable) that, if they would like, the

assigned facilitator can also contact the family by the next business day to explain more

about the process.

C. Ask parents (or person responsible for care, as applicable) and youth (as appropriate) to

identify extended family members, fictive kin, or community partners who they would

like to attend the upcoming TDM and ask the family to contact those individuals with

information about the upcoming TDM meeting.

1) Collect names, phone numbers, and addresses of family identified team members.

D. Leave PUB-35: “What is Team Decision Making?” with the family.

E. Discuss whether family will need assistance with transportation and help coordinate

transportation as appropriate.

F. Contact the area DCFS Facilitator by phone or email within two hours of putting the

protection plan in place and/or within two hours of initiating an investigation involving a

Garrett’s Law allegation to refer the family for a Team Decision Making meeting.

1) When the FSW emails or leaves a voicemail referral with the area TDM Facilitator

during normal business hours and has not heard back from the facilitator by 4:00

p.m. that same business day, then the FSW will contact the DCFS Facilitator

Supervisor by phone or email with the referral information.

2) If TDM referral is made after hours, on the weekend, or during a holiday, an email

must be sent or a voicemail must be left to make the referral.

a) When the FSW emails or leaves a voicemail with the area TDM Facilitator

after hours and has not heard back from that facilitator by 9:00 a.m. the

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next business day, then the FSW will contact the DCFS Facilitator

Supervisor by phone or email with the referral information.

3) Provide the DCFS Facilitator (or DCFS Facilitator Supervisor, as applicable) with:

a) Names of family members

b) Family address and phone number

c) Dates of birth of family members

d) Protection plan, if applicable

e) Any special information or needs regarding safety (e.g., domestic violence

issues), language interpretation, physical accommodations, child care for very

young children, etc.

f) Contact information and family request to be contacted by the facilitator to

provide more information about the TDM process, if applicable.

G. Work with the assigned facilitator and family to confirm exact date, time, and location of

TDM meeting within twenty-four hours of establishing protection plan and/or within

twenty-four hours of initiating an investigation involving a Garrett’s Law allegation.

H. Enter family’s demographic information into CHRIS within twenty-four hours of receiving

referral.

I. Document date and time family is informed of agreed-upon TDM meeting date, time, and

location in CHRIS.

The FSW Supervisor who approved the protection plan and/or the supervisor of the primary FSW

investigator involving a Garrett’s Law allegation will:

Conference with FSW as needed.

The Facilitator will:

Work with FSW to confirm exact date, time, and location of meeting.

The Facilitator Supervisor will:

A. Conference with the DCFS Facilitator as needed.

B. Make any needed TDM referrals to the back-up facilitator by the next business day.

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Procedure II-G2: Team Decision Making Preparation

01/2020

The FSW will:

A. Conference with the FSW Supervisor who approved the protection plan or the supervisor

of the primary FSW investigator involving a Garrett’s Law allegation, as applicable, and

facilitator to prepare for the TDM meeting.

B. Conduct the safety check-in meeting as appropriate/assigned with the biological parent(s)

(or other persons responsible for care, if applicable) and any children who plan to attend

the TDM meeting.

The FSW Supervisor who approved the protection plan or the supervisor of the primary FSW

investigator involving a Garrett’s Law allegation will:

A. Conference with the FSW and facilitator to prepare for the TDM meeting.

B. Determine whether or not children involved in the investigation will attend the TDM

meeting.

C. Assign the FSW, facilitator, or self as appropriate, to conduct the safety check-in meeting

with the biological parent(s) (or other persons responsible for care, if applicable) and any

children who plan to attend the meeting.

D. Conduct the safety check-in meeting as appropriate/assigned with the biological parent(s)

(or other persons responsible for care, if applicable) and any children who plan to attend

the TDM meeting.

The Facilitator will:

A. Review the protection plan, if applicable.

B. Contact the family who will participate in the TDM meeting, if the family requested that

the facilitator call to provide more information about the TDM process.

C. Invite service providers or other public agency staff, including language interpreters, if

needed, to TDM meeting as appropriate.

D. Document date and time any service providers or other public agency staff are informed

of TDM meeting date, time, and location in CHRIS.

E. Conference with the FSW and FSW Supervisor who approved the protection plan or the

supervisor of the primary FSW investigator involving a Garrett’s Law allegation to

prepare for the TDM meeting.

F. Conduct the safety check-in meeting as appropriate/assigned with the biological

parent(s) (or other persons responsible for care, if applicable) and any children who plan

to attend the TDM meeting.

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Procedure II-G3: Team Decision Making Meeting

01/2020

The Facilitator will:

A. Open the TDM meeting by

1) Welcoming all participants

2) Explaining purpose of TDM

3) Asking all participants to complete CFS-354: Team Decision Making Meeting Sign-

in Sheet and Privacy Statement

4) Inviting all participants to introduce themselves

5) Asking Division employees or other service providers to explain their respective

roles as they relate to TDM

B. Ask the immediate family (including age appropriate children and youth) to describe their:

1) Understanding of the safety and/or risk issues in their home;

2) Understanding of the protection plan, if applicable;

3) Their perceived strengths that can be used as protective factors in addressing the

specific harm or danger to the child; and,

4) Any other relevant information.

C. Ask the FSW to describe:

1) Identified safety factors in the home;

2) Family’s strengths that can be used as protective factors in addressing the specific

harm or danger to the child; and,

3) Established protection plan, if applicable.

D. Continue to facilitate the meeting per TDM protocols to help the TDM group to:

1) Assess if family is adequately following established protection plan, if applicable;

2) Decide whether changes are needed to make the protection plan more effective

or better ensure child’s safety, if applicable;

3) Determine if current placement decision ensures the child’s safety;

4) Identify ways in which TDM members may support the family;

5) Assist the group in moving toward consensus.

E. Complete CFS-355: Team Decision Making Meeting Summary Report.

1) The CFS-355: Team Decision Making Meeting Summary Report must include the

timeframe in which DCFS will conduct the next home visit with the family.

F. Provide a copy of the CFS-355: Team Decision Making Meeting Summary to the family

prior to adjourning the meeting.

The FSW will:

A. Assist family with transportation as appropriate.

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B. Share information regarding identified safety issues, family strengths, and established

protection plan, if applicable.

C. Actively participate in problem solving and decision-making processes throughout the

TDM meeting and remain open to revisions to the initial protection plan, if applicable.

FSW Supervisor who approved the protection plan or the supervisor of the primary FSW

investigator involving a Garrett’s Law allegation will:

A. Attend TDM when possible.

B. Conference with FSW and facilitator as needed.

Procedure II-G4: Team Decision Making Review

01/2020

The requesting Division staff member will:

A. Notify the entire TDM team of his/her intent to seek a review prior to the end of the TDM

meeting.

B. Present summary of the meeting and reason for review to the TDM Reviewer.

The Facilitator will:

A. Notify the appropriate on-call TDM Reviewer and supervisor.

B. Explain the review process to the TDM group.

The Division staff member requesting the review will:

A. Present summary of the meeting and reason for review to the TDM Reviewer.

The TDM Reviewer (either the DCFS County Supervisor or Area Director, as appropriate) will:

A. Join the TDM meeting either in person or by conference call before participants leave.

B. Listen to both summaries.

C. Determine whether adjustments need to be made to the decision and/or if an interim

safety plan is necessary.

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Procedure II-G5: Team Decision Making Follow-Up

01/2020

The FSW will:

A. Meet or conference call with the Facilitator and FSW Supervisor who approved the

protection plan or supervisor of the primary FSW investigator involving a Garrett’s Law

allegation within 24 hours of the conclusion of the TDM meeting.

B. If applicable, provide OCC with a copy of the protection plan and corresponding Team

Decision Making Meeting Summary Report and request OCC to file a dependency-neglect

petition with the court that will accompany the protection plan.

C. Continue to monitor family’s progress until the investigation is completed.

D. Share all relevant information regarding the family’s protection plan, if applicable, and

progress with the FSW assigned to the family’s protective or foster care case, if applicable.

The FSW Supervisor who approved the protection plan or the supervisor of the primary FSW

investigator involving a Garrett’s Law allegation will:

Meet or conference call with the FSW and facilitator within 24 hours of the conclusion of the

TDM meeting and as needed.

The DCFS Facilitator will:

A. Meet or conference call with the FSW and FSW Supervisor within 24 hours of the

conclusion of the TDM meeting.

B. Enter all required TDM data elements into CHRIS within three business days of the

conclusion of the TDM meeting and within three business days of receipt of TDM data

elements from the contracted facilitator when the TDM meeting is facilitated by a

contract provider.

C. Provide copies of the Team Decision Making Meeting Summary Report printout from

CHRIS to all participants, including the family, as soon as possible following the TDM

meeting.

1) DCFS Facilitator is also responsible for providing copies of the Team Decision

Making Meeting Summary Report printout from CHRIS to all participants,

including the family, as soon as possible following the TDM meeting when that

TDM meeting was facilitated by a back-up facilitator.

The back-up facilitator (if applicable) will:

Provide the TDM data elements to the area DCFS Facilitator within three business days of the

conclusion of the TDM meeting.

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The Facilitator Supervisor will:

Conference with the DCFS facilitator as needed.

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POLICY II-H: COMMUNITY NOTIFICATION OF SEX OFFENDERS

01/2020

Upon notification to DCFS by law enforcement of the presence of a sex offender, the Division is

responsible to notify foster parents and families with whom the Division has active cases, if an

offender moves into their neighborhood.

No child may be home schooled if any person residing in the home with the child is required to

guardian, the sentencing court may enter a written order specifically waiving this restriction. This

restriction shall not apply if the child to be home schooled is the person registered as the

offender.

PROCEDURE II-H1: Notification of Sex Offenders

Upon notification, the Family Service Worker will:

A. Notify foster parents or families with whom DCFS has active cases that an offender has

moved into their neighborhood.

B. Document in the case record that notification has been provided either by giving the

foster parent or family with whom DCFS has an active case a copy of the flyer provided by

law enforcement, or by verbally providing the information contained in the flyer that an

offender has moved into their neighborhood.

C. Make a report to the Child Abuse Hotline of substantial possibility of severe maltreatment

if it is alleged that the offender is living in the home with children or otherwise being

allowed unsupervised access. In such instances, confirmation must be obtained from law

enforcement that this person is indeed a registered sexual offender against children

before the report will be considered valid. Lack of supervision reports will not be handled

any differently due to the presence of an offender in the neighborhood.

D. File a 20-day petition to bring the matter to the attention of the court if it is confirmed

that the offender is living in a home with children or otherwise has unsupervised access

to them, unless the parent agrees to steps outlined by DCFS to protect the children,

regardless of whether a disclosure of sexual abuse is obtained. Some examples of steps

outlined to protect the children would be to remove the children from the home, request

that the offender leave the home or cease allowing the sexual offender access to the

children.

E. Notify the offender’s probation or parole officer that the offender is living in a home with

children or has unsupervised access to them.

F. Document in court-ordered and Interstate Compact home studies, the presence of a sex

offender in the neighborhood, along with a statement that the family is aware of the

offender’s presence and is fully informed regarding any possible risks to children in the

community.

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POLICY II-I: FAMILY IN NEED OF SERVICES

01/2020

A.C.A. §9-27-303 defines “Family in Need of Services” (FINS) as any family whose juvenile

evidences behavior which includes, but is not limited to, the following:

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.

Family services are provided in order to:

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

B. Reunite the juvenile with the parent, guardian, or custodian from whom the juvenile has

been removed; or

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

Family Services Provided to a Juvenile or the Family

Services should be designed to address the issues that resulted in the FINS case and may include,

but are not limited to:

• Child care

• Homemaker services

• Crisis counseling

• Cash assistance

• Transportation

• Family therapy

• Physical, psychiatric, or psychological evaluation

• Counseling

• Treatment

Disposition-Family in Need of Services

If a family is found to be in need of services, the circuit court may enter an order making one of

the following dispositions:

A. Order family services - To rehabilitate the juvenile and his or her family. If the Department

of Human Services is the provider for family services, the family services shall be limited

to those services available by the Department’s community-based providers or

contractors, excluding the contractors with the Division of Children and Family Services

of the Department of Human Services, and Department services for which the family

applies and is determined eligible; and, to prevent removal when the Department is the

provider for family services, the court shall make written findings outlining how each

service is intended to prevent removal.

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B. Removal - If it is in the best interest of the juvenile and because of acts or omissions by

the parent, guardian or custodian, removal is necessary to protect the juvenile’s health

and safety, transfer custody to the Department. This action may serve to reduce the

number of foster care entries based solely of juveniles who are truant when acts or

omissions of their parents is not a factor.

At least five (5) working days prior to ordering DHS, excluding community-based providers, to

provide or pay for family services, the court shall fax a written notice of intent to the Director of

the Department of Human Services and to the attorney of the local Office of Chief Counsel of the

Department of Human Services.

The court shall not specify a particular provider for placement or family services, when DHS is the

payer or provider. A court may order a child to be placed into a licensed approved placement

(i.e., no child shall be placed or remain in a placement in a foster home that has been closed or

suspended by a child placement agency) after a hearing where the court makes a finding that it

is in the best interest of the child based on bona fide consideration of evidence and

recommendations from all the parties. The court may also order a child to remain in a placement

if the court finds the placement is in the best interest of the child after hearing evidence from all

parties.

If the health or welfare of a child is in immediate danger while in a court-ordered placement the

Division may immediately remove the child from the court-ordered placement. If the Division

must move a child from a court-ordered placement due to the health or welfare of a child being

in immediate danger, the Division shall notify all parties within 24 hours of the change in

placement. Regarding this type of placement change, a hearing may be requested by a party to

the case, and the hearing shall be held within five business days of receiving the request.

In all cases in which family services are ordered, the court shall determine the parent's,

guardian's, or custodian's ability to pay, in whole or in part, for these services. This determination

and the evidence supporting it shall be made in writing in the court order ordering family services.

If the court determines that the parent, guardian, or custodian is able to pay, in whole or part,

for the services, the court shall enter a written order setting forth the amounts the parent,

guardian, or custodian can pay for the family services ordered and ordering the parent, guardian,

or custodian to pay the amount periodically to the provider from whom family services are

received.

DCFS can ONLY be ordered to provide family services in a FINS case when the court finds that

services are needed to prevent removal of the child from the home because of child

maltreatment. The Juvenile Code grants the court the power to order family services without

specifying the type of service, i.e., protective services or supportive services. The court will issue

an order for family services, and DCFS is to provide those services. If there is not a finding of child

maltreatment on the family, and the court determines that the family needs preventative

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services due to a risk of child maltreatment, open a supportive services case. If there is a true

finding of child maltreatment, open a protective services case.

Removal of Juvenile

Before a juvenile court may order any dependent-neglected juvenile or FINS juvenile removed

from the custody of his or her parent, guardian, or custodian and placed with the Department of

Human Services or other licensed agency responsible for the care of juveniles or with a relative

or other individual, the court shall order family services appropriate to prevent removal, unless

the health and safety of the juvenile warrant immediate removal for the protection of the

juvenile.

When the court orders a dependent-neglected or FINS juvenile removed from the custody of a

parent, guardian, or custodian and placed in the custody of the Department or other licensed

agency responsible for the care of juveniles or with a relative or other individual, the court shall

make these specific findings in the order:

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

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

B. Whether the removal of the juvenile is necessary to protect the health and safety of the

juvenile, and the reasons for the removal; and,

C. Whether the removal is in the best interest of the juvenile.

Within 60 days of removal, the court must find:

A. Which family services were made available to the family before the removal of the

juvenile;

B. What efforts were made to provide those family services relevant to the needs of the

family before the removal of the juvenile, taking into consideration whether or not the

juvenile could safely remain at home while family services were provided;

C. Why efforts made to provide the family services described did not prevent the removal

of the juvenile; and,

D. Whether efforts made to prevent the removal of the juvenile were reasonable, based

upon the needs of the family and the juvenile.

If and when an order of permanent custody disrupts, the initial legal action will be to set aside

the permanent order of custody regardless of where the child resides. If parental rights have not

been terminated, parents must be notified of the action and an immediate hearing to determine

the new permanency plan for the juvenile will take place.

If a juvenile has been detained and is in the custody of the Department pursuant to a FINS or

dependency-neglect petition and the court does not keep the juvenile in detention, then any

issues regarding placement shall be addressed only in the FINS or dependency-neglect case. The

issues regarding placement shall not be addressed, nor any orders entered, in the delinquency

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case. Within ten (10) days of entry of any order in the delinquency case, the prosecuting attorney

shall file a copy of the order in the juvenile’s FINS or dependency-neglect case.

Where the state agency's first contact with the family has occurred during an emergency in which

the juvenile could not safely remain at home, even with reasonable services being provided, DCFS

shall be deemed to have made reasonable efforts to prevent or eliminate the need for removal.

Where the court finds the Department's preventive or reunification efforts have not been

reasonable, but further preventive or reunification efforts could not permit the juvenile to remain

safely at home, the court may authorize or continue the removal of the juvenile but shall note

the failure by the Department in the record of the case.

In all instances of removal of a juvenile from the home of his parent, guardian, or custodian by a

court, the court shall set forth in a written order:

A. The evidence supporting the decision to remove;

B. The facts regarding the need for removal; and,

C. The findings as mentioned above.

The written findings and order shall be filed by the court or by a party or party's attorney as

designated by the court within 30 days of the date of the hearing at which removal is ordered or

prior to the next hearing, whichever is sooner.

The court may provide that any violation of its orders shall subject the parent, both parents, the

juvenile, custodian or guardian to contempt sanctions.

Custody of a juvenile shall not be transferred to the Department when a delinquency petition or

case is converted to a FINS petition or case.

The Department shall not recommend that the court split custody of a juvenile, that is, grant legal

custody to one person or agency and physical custody to another person or agency. When the

juvenile is removed from the custody of a relative or other person and placed in the custody of

the Department, the juvenile shall not remain or be returned to the home while in the custody

of the Department.

PROCEDURE II-I1: Family in Need of Services

The OCC Attorney will:

A. Fax the County Supervisor the written notice of intent from the court. The court must fax

written notice of intent five (5) working days prior to ordering DHS, excluding community-

based providers, to provide or pay for family services.

The FSW Supervisor will:

A. Assign the FINS case to the appropriate FSW.

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The Family Service Worker will:

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

B. Open the appropriate case for service (see Policy III-A: Services Case Opening and

Reevaluation).

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

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POLICY II-J: EARLY INTERVENTION REFERRALS AND SERVICES

01/2020

For children who have or are at risk of a developmental delay, appropriate early intervention

services are essential. Early intervention services are designed to lessen the effects of any

potential or existing developmental delay. Ultimately early intervention services help the child

learn and reach his or her individual potential with the support and involvement of the child’s

family, as appropriate. It is important for such services to begin as early as possible and for

biological parents to be involved in decisions related to early intervention services.

REFERRALS TO DIVISION OF DEVELOPMENTAL DISABILITIES FOR EARLY INTERVENTION

SERVICES SCREENING

When a child maltreatment investigation involving any children in the home under the age of

three (3) is initiated, the Division will consider referring as appropriate all children in the home

under the age of three (3) to the Division of Developmental Disabilities Services’ (DDS) Children’s

Services for an early intervention (i.e., First Connections; this program is not the same as the

waiver program) screening in an effort to enhance the well-being of these children. Any children

under the age of three (3) involved in a substantiated case of child maltreatment (regardless of

whether all of the children are named as alleged victims) must be referred to DDS Children’s

Services for an early intervention screening if not already referred while the investigation was

pending. This will not only ensure DCFS compliance with the Child Abuse Prevention and

Treatment Act (CAPTA) regarding substantiated cases of child abuse and neglect involving

children under the age of three (3) but will further promote the well-being of this population.

DDS Children’s Services will screen all the children under the age of three (3) who have been

referred to First Connections to determine their need and eligibility for early intervention

services. If the results of the screening determine that a child will benefit from DDS early

intervention services, the person serving as the parent (e.g., biological parent in a protective

services case; other individual legally caring for the child involved in a protective services or foster

care case including foster parents) must consent to allow his or her child to participate before

services are initiated.

For children under the age of three (3), eligibility for DDS Children’s Services will be determined

by a screening assessment to determine the need for additional evaluations (if a child referred

to DDS Children’s Services is within 45 days or less of his or her third birthday, then DDS Children’s

services may forward the referral to the Arkansas Department of Education, Special Education

(Part B)).

If warranted, a developmental evaluation for children under age three (3) will be completed in

the areas of cognition, communication, social/emotional, physical, and adaptive as available and

appropriate. Based upon the developmental evaluation results, a speech, occupational, and/or

physical therapy evaluation may be conducted as available and appropriate. All evaluation results

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as well as medical information, professional informed clinical opinion(s), and information

gathered from biological parents and DCFS will be utilized to determine early intervention

eligibility.

While a referral for early intervention services is encouraged for all children under three (3) when

an investigation is initiated and is required for children under the age of three in substantiated

cases of child maltreatment, a referral for early intervention services on behalf of any child

suspected of having a developmental delay or disability may be sent at any time.

DDS EARLY INTERVENTION INDIVIDUALIZED FAMILY SERVICE PLANNING

If a child is determined to be eligible for services and the person acting as a parent on behalf of

the child (e.g., biological parent involved in a protective services case; other individual legally

caring for the child in a protective services or foster care case including foster parents) consents

to services, Individualized Family Service Plan (IFSP) meetings will be held to develop an

appropriate service plan for the child. IFSP activities and services must be added to the child’s

case plan.

Adult participation in the IFSP meetings and related decision-making on the child’s behalf is

required. If the child is involved in a protective services case or if a child in foster care has a goal

of reunification, the child’s biological parent(s) should be invited and encouraged to attend the

IFSP meetings to make decisions related to Individualized Family Service Planning and early

intervention services for his or her child.

However, another adult who is legally caring for the child on a daily basis may serve in place of

the biological parent if:

A. The court orders that the child’s parent/guardian shall have no involvement in the child’s

educational planning; or,

B. The child’s parents cannot be located; or,

C. The goal is not reunification for those children involved in foster care cases.

If for one of the reasons listed above or if for any other reason the biological parent(s) is unable

or unwilling to attend IFSP meetings and make the decisions related to early intervention services

for his or her child, one of the following may serve as the parent to make decisions regarding

early intervention planning and services for the child (provided the court has not issued a no

contact order for the person selected to act in place of the parent):

A. Foster parent;

B. Guardian, generally authorized to act as the child’s parent (but not the state if the child is

a ward of the state; i.e., FSW may act as the liaison between DDS and the parent or

surrogate parent, but the FSW may not be the sole contact and/or decision-maker for a

child);

C. An individual otherwise acting in place of a biological parent (e.g., grandparent, step-

parent, or any other relative with whom the child lives);

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D. An individual who is legally responsible for the child’s welfare;

For any individual serving in place of the parent in the child’s early intervention process, support

in the form of DDS Surrogate Parent Training is available but not required. The local DDS Service

Coordinator or designee can assist in coordinating the DDS Surrogate Parent Training. After an

individual has completed the DDS Surrogate Parent Training, they may serve as a surrogate

parent for any child.

However, an appointed DDS certified surrogate may be assigned by the lead Part C agency (i.e.,

DDS) to represent the child during the IFSP if there is no adult (as listed in items A-D above)

available to represent the interests of the child. An appointed DDS surrogate parent is generally

the least preferred option since this person does not have daily interaction with the child.

Furthermore, a DDS certified surrogate parent will usually only be appointed in the event that

the child’s parent, foster parent, etc. is unable or unwilling to participate in the child’s early

intervention process and IFSP meetings.

In any situation in which an individual other than the biological parent (e.g., foster parent,

relative, etc.) is acting on behalf of the child, that individual will be discharged when the child’s

biological parent is ready and able to resume involvement.

REFERRALS FOR FETAL ALCOHOL SYNDROME DISORDERS (FASD) SCREENING

Fetal Alcohol Syndrome Disorders is an umbrella term used to describe the range of effects or

disorders that can occur in an individual whose mother consumed alcohol during pregnancy. All

health care providers involved in the delivery or care of infants must contact DHS regarding an

infant born with and affected by a Fetal Alcohol Spectrum Disorder (FASD) as well as infants

born with and affected by maternal substance abuse resulting in prenatal drug exposure to an

illegal or a legal substance or withdrawal symptoms resulting from prenatal drug exposure to an

illegal or a legal substance. A plan of safe care must also be developed for any infant born with

and affected by a FASD, maternal substance abuse resulting in prenatal drug exposure to an

illegal or a legal substance, or withdrawal symptoms resulting from prenatal drug exposure to

an illegal or a legal substance who is referred to the Division by a healthcare provider via the

Child Abuse Hotline. Please see Policy II-F: Substance Exposed Infant Referral and Assessments

and related procedures for more information.

In addition, DCFS FSWs and Health Service Workers (HSW) will refer children who have known

prenatal alcohol exposure or exhibit FASD symptoms or behaviors to the local Resource Unit.

The Resource Unit will collaborate with the child’s FSW and HSW to help determine if early

intervention programs or other services specific to FASD are needed and connect the child and

placement provider to such programs and services in an effort to better support the child and

the placement provider.

As part of this process, the FSW and/or HSW will gather information regarding the child’s in

utero and birth history. Depending on the information collected, a referral for an FASD

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screening or diagnosis may be provided. Regardless of an FASD diagnosis, the following services

may be offered to the family as available and appropriate:

• Referral to DDS (early intervention or DDS waiver), if applicable and available;

• Referral to specialized day care, if applicable;

• Referral to FASD family support group (available to biological, foster, and

adoptive families), if available;

• FASD parenting classes (available to biological, foster, and adoptive families).

PROCEDURE II-J1: DDS Early Intervention Services Referrals

05/2022

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:

A. Provide an overview of the benefits of early intervention services to the parent/guardian.

B. Make a referral to DDS for each child in the home (victims and non-victims) under age

three (3) via the DDS First Connections Referrals page through the Arkansas Department

of Human Services website.

C. Inform the parent/guardian that their child(ren) will be referred to DDS Children’s

Services to assess the child(ren)’s need and eligibility for early intervention services that

may help the child learn and reach his or her individual potential.

When children under the age of three (3) 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:

A. Provide an overview of the benefits of early intervention services to the parent/guardian.

B. Make a referral to DDS for each child in the home (victims and non-victims) under age

three via the DDS First Connections Referrals page through the Arkansas Department of

Human Services website.

C. Inform the parent/guardian that their child(ren) will be referred to DDS Children’s

Services to assess the child(ren)’s need and eligibility for early intervention services.

D. Prior to the early intervention services intake meeting, provide the local DDS Services

Coordinator with:

1) Court-order, if applicable

2) Copy of Social Security Card or number

3) Copy of Medicaid Card or number, if applicable

4) Any other pertinent information related to the request for the early intervention

screening

5) Copy of EPSDT, if available (parent must obtain)

6) Copy of all evaluations, if applicable

F. Coordinate remaining paperwork and services, as applicable, with the local DDS Service

Coordinator. This includes but is not limited to:

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1) Coordinating the completion of DMS-800: Authorization for Children’s Medical

Services if the early intervention intake meeting determines the child is eligible

for DDS Children’s Medical Services

2) Providing a copy of the Division’s completed assessment tool for any child

involved in open case and the associated case plan once they are completed;

3) Notifying, as applicable, PACE, Health Service Worker, and foster parent(s) that

early intervention screening referral has already been made to DDS Children’s

Services per CAPTA requirements prior to PACE evaluation.

G. Invite DDS services coordinator and early intervention service providers to staffing if

child is receiving early intervention services.

H. Keep the local DDS Service Coordinator informed of any changes to the case plan that

may affect early intervention services and coordination.

I. Document contacts related to the DDS early intervention services referral in the

contacts screen in Division’s information management system.

J. Update the child’s case plan as appropriate.

K. Conference with supervisor as needed regarding the referral to DDS early intervention

services.

Investigative and FSW Supervisors will:

A. Conference with the investigator and/or FSW caseworker as needed regarding the

child’s DDS early intervention referral and/or any subsequent services.

B. Notify, as necessary, his or her supervisor of any issues related to the child’s DDS early

intervention referral and/or services.

Upon referral assignment, the DDS Service Coordinator should:

A. Arrange the early intervention intake meeting.

B. Assess and determine the need and eligibility of the child for services and notify in

writing the DCFS Family Service Worker (FSW) and FSW Supervisor indicating the

eligibility status and needs of the child, if applicable.

C. If it is determined that the child needs and is eligible for early intervention services:

1) Provide a more detailed explanation to the parent/guardian of early

intervention services including types, benefits, requirements, etc.

2) Provide copies of the child’s IFSP and any early intervention evaluations to the

FSW.

3) Keep the child’s FSW and person serving as the parent informed of the child’s

progress and any changes in services.

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PROCEDURE II-J2: DDS Early Intervention Individualized Family Service Planning

01/2020

The FSW will:

A. Regardless of the type of case (i.e., protective or foster care), include early intervention

services and Individualized Family Service Planning (IFSP) meetings in the case plan as

appropriate and ensure the biological parent participates IFSP and related services as

appropriate.

B. If the biological parent is unable or unwilling to participate in IFSP (e.g., court orders that

the child’s parent/guardian shall have no involvement in child’s educational planning,

parents cannot be located; goal is not reunification):

1) Ensure that an appropriate adult serving in place of the parent attends the IFSP

meetings to act as a decision-maker regarding the child’s early intervention

services. The person serving in place of the parent is generally the person who is

currently caring for the child (e.g., temporary guardian, foster parent, etc.).

a) Ensure that a no contact order from the court pertaining to the person

serving in the place of the parent does not exist and that the surrogate

parent is otherwise appropriate.

b) If the person selected to serve in the place of the parent would like to

attend a DDS Surrogate Parent Training, contact the DDS Service

Coordinator to request the DDS Service Coordinator to arrange the

training.

c) If the individual caring for the child/serving in place of the parent cannot

attend or otherwise participate in the IFSP meetings, DDS will appoint a

DDS certified surrogate parent.

C. Continue to update child’s case plan accordingly with information from IFSP.

D. Conference with supervisor as needed regarding the child’s IFSP.

The FSW Supervisor will:

A. Conference with the FSW as needed regarding the child’s IFSP.

B. Notify, as necessary, his or her supervisor of any issues related to the child’s IFSP.

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PROCEDURE II-J3: FASD Referrals and Services

01/2020

Note: This procedure is applicable to those children already involved in an open DCFS case and

who DCFS staff or providers suspect may be affected by FASD. This procedure is not applicable

to infants born with and affected by FASD or prenatal drug exposure and reported to the Child

Abuse Hotline by a healthcare provider. Please see Policy II-F and related procedures for more

information regarding infants born with and affected by FASD and prenatal drug exposure.

If child is symptomatic of FASD, the Family Service Worker (FSW) or Health Service Worker

(HSW) will:

A. Gather information regarding the child’s in utero and birth history to determine if the

biological mother consumed alcohol (e.g., at what points during the pregnancy, amount

consumed, frequency consumed, etc.) and/or any illegal substances while pregnant

with child.

B. Complete and submit CFS-099: FASD Screening Referral to the appropriate Resource

Supervisor or designee.

C. Collaborate with the Resource Unit to ensure the child and placement provider receives

any necessary referrals and accesses any needed services.

D. Conference with supervisor as needed regarding FASD referrals and services.

The FSW Supervisor will:

A. Conference with the FSW as needed regarding FASD referrals and services.

B. Notify, as necessary, his or her supervisor of any issues related to the FASD referrals and

services.

The Resource Supervisor or designee will:

A. Review the CFS-099: FASD Screening Referral.

B. Assign the referral to a local Resource Worker.

C. Provide the completed CFS-099: FASD Screening Referral to the assigned Resource

Worker for review.

The assigned Resource Worker will:

A. Review the CFS-099: FASD Screening Referral.

B. Work with the child’s FSW and Health Service Worker to coordinate appropriate

referrals and screenings for the child and placement provider.

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POLICY II-K: SEX OFFENDER WITH CUSTODY OR UNSUPERVISED VISITATION

RIGHTS

01/2020

When DCFS receives a report that a child is living with or participating in unsupervised visits with

a registered sex offender, DCFS will find the report “un-substantiated” when:

A. A court has ruled that the registered sex offender, as a custodian or participant in

unsupervised visitation does not pose a risk to the child; and

B. No other allegations have been made regarding the offender and the children and the

report is simply based on the mere fact that the offender is a registered sex offender.

PROCEDURE II-K1: Sex Offender with Custody or Unsupervised Visitation Rights

When investigating a report that a child is living with or participating in unsupervised visits with

a registered sex offender, the Family Service Worker will:

A. Determine if a court has granted custody or unsupervised visitation to the registered sex

offender.

B. When a court has granted custody rights or unsupervised visitation to a registered sex

offender, the FSW must obtain a copy of the court order or divorce decree, and must

designate the case as “UN-SUBSTANTIATED”, if no other allegations have been made

regarding the offender and the children and the report is simply based on the mere fact

the offender is a registered sex offender.

C. Document the investigative determination and the individual findings for each child on

the “Investigation Findings” screen in CHRIS. Individual findings for each victim are also

documented on the “Investigation Finding” screen. CHRIS will automatically populate the

Overall Finding (true, unsubstantiated, exempted from finding due to religious exemption

or exempted from finding under-aged juvenile offender) based on the individual findings.

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III: SERVICES CASE OPENING

POLICY III-A: GENERAL SERVICES CASE OPENING & REEVALUATION

01/2011

The Division of Children and Family Services will open cases to ensure safety and promote the

best interest of the child and to provide services to strengthen, reunify, and assist families. This

will be accomplished through the delivery of Supportive, Protective, Adoptive (See Section VIII

for Adoptive Services) or Out-of-Home Placement Services as deemed appropriate by

assessment. The purpose of services shall be to provide the child with a continuous and stable

living environment, promote family autonomy, strengthen family life where possible and

promote the reunification of the child with the parent, guardian or custodian, when applicable.

The Division will ensure a determination of title IV-E/ Medicaid eligibility is obtained for each

child placed in an out-of-home setting or subsidized adoption. When a child is removed from his

home, a judicial determination as to whether reasonable efforts were made or were not required

to prevent removal must be made no later than 60 days from the date the child is removed from

the home. Eligibility for title IV-E foster care maintenance payments will be based on the

following requirements:

A. The child was removed from the home of a specified relative pursuant to judicial

determination to the effect that:

1) Continuation in the residence in the home would be contrary to, or that the placement

would be in the best interest, of the child. The contrary to the welfare determination

will be made in the first court ruling that sanctions (even temporarily) the removal of

a child from the home. If the determination regarding “contrary to the welfare” is not

made in the first court ruling pertaining to removal from the home, the child will not

be eligible for title IV-E maintenance subsidy for the duration of that stay in foster

care; and

2) A finding of or a deeming of reasonable efforts is required. The judicial determination

must state that reasonable efforts to prevent a child’s removal from home or to

reunify the child and family are not required.

B. The child’s placement and care in a foster family home or with a public or private child

placement or child care agency is the responsibility of either DHS or any other public

agency with whom DHS has an agreement. Child care agency means a private child care

agency, or a public child care agency 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 transitional living setting in which

the individual is living independently. This definition must not include detention facilities,

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forestry camps, training schools, or any other facility operated primarily for the detention

of children who are determined to be delinquent. The licensing file must contain

documentation that verifies that safety considerations with respect to the staff of the

institution have been addressed, and,

C. The child received aid (for the purposes of the FSPP Manual “aid” is defined as AFDC

program requirements in effect 7-16-1996) in or for the month in which court proceedings

leading to the removal of the child from the home were initiated, or would have received

aid in or for the month if application for such aid had been made, or had been living with

a specified relative within six (6) months prior to the month in which court proceedings

were initiated, and would have received aid in or for such month if the he/she had been

living with such relative and an application had been made for aid under title IV-A.

In any case where the child is an alien disqualified by the Immigration and Nationality Act

from receiving aid in or for the month in which court proceedings leading to the removal

of the child from the home were instituted, such child shall be considered to satisfy the

requirements with respect to that month, if he or she would have satisfied such

requirements but for such disqualification. The Office of Chief Counsel will be consulted

if the child’s immigration status must be addressed in any manner.

D. The child was living with a specified relative prior to removal from the home and was

AFDC eligible (per AFDC requirements in effect 7-16-1996) for in that home in the month

of the initiation of court proceedings. Or the child had been living with the parent or

specified relative within six (6) months of the month of the initiation of court and the child

would have been AFDC eligible in that month if he or she had still been living in that home

(constructive removal.)

A child of a parent who is in DHS custody is also considered a dependent juvenile and is eligible

to receive foster care maintenance payments and is deemed to be a recipient of aid to families

with dependent children. Titles XIX and XX services will be available to the child in the state in

which the child resides.

The state of Arkansas is not a voluntary placement state. The removal of a child from his home

must occur pursuant to a judicial order placing custody of the child with the Department.

PROCEDURE III-A1: Protective/Supportive Services Case Opening

04/2018

The Family Service Worker will:

A. Gather data from the family about the needs of the family and place the information in

the Family Advocacy and Support Tool (FAST). This information is located in the “Case

Plan/Needs Assessment” section on the “Family Screen”.

B. Enter all necessary data in CHRIS to create a client screen for each household member.

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C. Review all information in the contact automatically populated from “case connect” screen

into the contacts screen for the newly opened case.

D. Ensure that any current protection plan with a nearing 30-day re-assessment date is

noted and that a re-assessment of the safety of the child occurs within 30 days of the

implementation of the current plan.

E. File an affidavit for dependency-neglect for any plan which has been re-assessed and it is

determined that a substantial risk of harm to the health and safety of the child remains.

PROCEDURE III-A2: Out-of-Home Placement Services Case Opening

04/2018

The Family Service Worker will:

A. Complete the “Case Connect” Screen in the Investigation to open a case.

B. Enter the appropriate information in the open case on the “Removal” screen in the

“Removal” section of CHRIS.

C. Enter the appropriate information in the “Placement” section of CHRIS and within the

“Place” section on “Recommend”, “Pay Scale”, and “Enter/Exit” screens. Entering

information in CHRIS on the first placement of a removal episode will generate a message

to “Review/Complete Initial Medicaid Application.”

D. Enter the appropriate information on the “Gen. Info” and “Status” screens and on the

“Employ” and “Education” screens under the “Emp/Educ” heading in the “Client” section.

E. Enter the appropriate information on the screens under the “Medical” heading in the

“Client” section.

F. Photograph the child or children, and:

1) With the child in a comfortable, non-intimidating setting, explain the need to take his

or her photograph. Facilitate this in as sensitive a manner as possible.

2) Using a digital camera provided by the Division, take a digital photograph (head shot

from the shoulders up) of the child or children entering foster care. The photograph

should be taken within three working days of the date the child entered foster care.

3) Upload the image as a JPEG to the CHRIS case record. The electronic file size should

be no larger than 500 KB.

4) Print the photograph using the “Photo and Child Information” functionality in CHRIS

and add a hard copy of the photograph to the case record.

5) Delete the photo from the camera stick after the photo has been uploaded into the

CHRIS application.

6) Provide the child with a copy if they request one.

7) If the child remains in foster care, the FSW who is his or her primary or secondary

caseworker will retake the photograph on an annual basis within ten 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:

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a) Shared with law enforcement and the National Center for Missing and Exploited

Children to help facilitate the recovery of missing children, or for other official law

enforcement purposes that are in the best interest of the child.

b) Used for staffings, Team Decision Making meetings, or court procedures if children

are not present;

c) Included in placement applications; and,

d) Used in the child’s Life Book. The photograph used for the Life Book should be

printed using the “Photo Only” functionality in CHRIS.

8) 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.

9) A DHS 5008 must be completed for the camera and the camera must be enabled for

read-only connection to the computer.

10) For any child already placed in care, but lacking a photograph, the FSW who is his or

her primary or secondary caseworker should take his or her photograph at the next

visit between the FSW and the child and follow the procedures and specifications

listed above.

G. Issue an initial clothing order, if needed, using the DCFS P Card Requisition.

H. Initiate a request for Medicaid within one working day of the date the child enters DHS

custody by completing the following actions:

1) Ensure all relationship screens are completed in CHRIS.

2) Ensure all information in client demographic screens is current including the

“financial” tab.

3) Complete removal and placement screens for each child in foster care and ensure the

placement is approved by a supervisor.

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.

I. Route the signed court order to Family Support Specialist (Eligibility Unit).

J. Apply for title IV-E Payments/Medicaid:

1) Complete the “Application for Social Security Card” (SS-5) if the child does not already

have a Social Security Number or the number is not known:

a) Sign the SS-5 as the DCFS representative for the case.

b) Route the SS-5 to the Social Security Administration and copy to the Family

Support Specialist.

K. Enter income, debts and asset information in the Client/Finance Screens in CHRIS for each

member of the removal household.

L. Enter necessary information on the Medicaid/IV-E Application screen (four tabs) in CHRIS

in order to complete the application and click “Send” to transmit the application to the

Eligibility Unit. Send the completed Medicaid/IV-E Application to the Eligibility Unit within

seven working days from the date the child entered the out-of-home-placement. Other

information needed to establish title IV-E Medicaid eligibility, e.g., birth certificate, Social

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Security Number, removal order, petition that led to removal, etc., should also be sent to

the Eligibility Unit if available at that time.

M. Obtain any additional requested information and forward it to the Family Support

Specialist within 10 working days.

N. Within 10 working days of any delay, notify the Family Support Specialist of the

information which cannot be obtained and the reason.

O. Review all information in the contact automatically populated from the investigation

“case connect” screen into the contacts screen for the newly opened case.

P. Continue the Family Advocacy and Support Tool (FAST) or Child and Adolescent Needs

and Strengths (CANS) assessment, as applicable, with family participation.

PROCEDURE III-A3: Case Reevaluation for Medicaid Redetermination Purposes

04/2018

The Family Service Worker will:

A. Receive the printout of cases due for reevaluation from the Foster Care/Medicaid

Eligibility Unit.

B. Receive CHRIS tickler notification of Medicaid/IV-E case Re-determination.

Complete the Re-determination screen in CHRIS (3) tabs and click “Send” to transmit the

Re-determination to the Eligibility Unit for processing.

1) The Eligibility Unit will be notified by an automated process for reporting “Changes”

in CHRIS when changes are made to the case record for the following circumstances:

a) Child age 18

b) Child left care

c) Trial visit

d) Runaway

e) Parental rights terminated

f) Child age 16-19/not in school

g) Child placed for adoption

h) Insurance

i) Placement/address change

If a child is born to a child in DHS custody, then the FSW will check “Client Gave

Birth” on the changes tab of the Re-determination/Changes screen in CHRIS.

C. Mail a DHS-160: Notice to Applicants for and Recipients of title XX Services at least 10

days prior to the change in service, if the family signed the application and service is to be

reduced or terminated.

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PROCEDURE III-A4: Out-Of-Home Placement Outside the Initiating County

04/2018

The Family Service Worker Supervisor from the primary (initiating county office) will:

A. Notify (telephone, fax, or email) the FSW Supervisor in the resident county office prior to

moving the child(ren).

B. Within 24 hours following the above notification, assign the resident county as secondary

on the Assign/Transfer screen in CHRIS. Include a brief summary of services needed for

the client in the Assign/Transfer screen and ensure all contact information is correct in

the client CHRIS demographics screens.

The Family Service Worker in the primary (initiating) county will:

A. Within 24 hours, email secondary FSW a list of important dates and summary of service

needs for the client. This list should include scheduled court dates, scheduled staffings,

and previously scheduled transportation needs (i.e., PACE evaluations, visitation with

family, approved contact list, special medical needs, etc.).

B. Continue providing casework services to the custodial/non-custodial parents as

determined by the case plan.

C. Maintain a case file including such non-CHRIS (hard copy) items as legal and medical

documents.

D. Provide the resident county FSW a copy of the case file with non-CHRIS items.

E. Key data (e.g., case plan changes) into CHRIS as appropriate.

F. Collaborate with primary FSW to develop and process any needed purchase orders (P

Card Request, DHS 1914) for the child.

G. Collaborate with secondary FSW to complete approved purchases by emailing purchase

approvals to secondary FSW for completion of purchases, as appropriate.

H. Request Medicaid determinations/reevaluations by the DCFS Eligibility Unit and submit

needed documentation.

I. Develop the initial case plan and subsequent changes as per Policy IV-A.

J. Arrange staffings as needed and maintain a current case plan.

K. Ensure that the secondary FSW is invited to staffings and that all applicable case

information is gathered from secondary FSW for necessary adjustment of CANS ratings

and case service planning.

L. Place information about visitation responsibilities (which county will transport, which

county will supervise visits) in the “visitation” section of the family case plan.

M. Contact the secondary FSW a minimum of once monthly by phone or email and enter a

contact in CHRIS demonstrating the collaboration of service provision, any information

obtained regarding service provision, coordination of purchasing needs, coordination of

child care needs, and documenting any placement issues identified.

N. Ensure provision of services to facilitate reunification or other permanency arrangements

as appropriate.

O. Arrange, coordinate, and ensure transportation is provided for parent/child visits.

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1) Consideration should be given to use of relative or fictive kin volunteers when

appropriate. Additional consideration should be given to transporting parents rather

than children in an effort to decrease travel hardships for children.

P. Notify the secondary FSW immediately of any changes in plans for care of the child.

The Family Service Worker (secondary) in the county of residence will:

A. Participate in staffings and case plan development.

B. Assist the foster home or facility with implementing case plan goals by monitoring

progress for each goal and making service referrals as necessary.

C. Notify primary FSW by email if financial needs are identified.

D. Take lead on completing necessary paperwork for purchases and coordinate with primary

FSW to ensure completion of purchasing requests.

E. Complete purchases upon receipt of approved requisitions.

F. Keep the primary FSW informed of all progress, problems and child experiences through

CHRIS documentation and during monthly/as needed contact with the primary FSW.

Issues needing immediate attention should be documented in an email to the primary

FSW and his/her Supervisor.

G. Obtain a progress report from facility staff every month following a child’s placement in

a facility and forward a copy to the primary FSW.

1) The court may order progress reports from the service provider whenever a child is

placed out of home and in a setting other than a Department foster home. The order

will set forth the schedule for the progress reports and will identify the service

provider responsible for submitting the progress report. The service provider will be

provided a copy of the written court order by certified mail, restricted delivery or by

process server. Failure to follow the order of the court will subject the service provider

to contempt sanctions of the court. The progress report will include, but is not limited

to:

a) Reason for admission;

b) Projected length of stay;

c) Identified goals and objectives to be addressed during placement;

d) Progress of the child in meeting goals and objectives;

e) Barriers to progress;

f) Significant behavioral disruptions and response of provider; and,

g) Recommendations upon the child's release.

The service provider will immediately report any incidents concerning the juvenile's

health or safety to the child’s attorney or attorney ad litem and the custodian of the child.

H. Notify the primary FSW immediately of any change in the plans for care of the child.

I. Notify the primary county by telephone within 24 hours, and make all other necessary

notifications (e.g., foster parents) if an emergency change in placement is necessary.

J. Make regular foster home/facility visits to the child/children as per the case plan.

K. Assist the primary county in arranging for the parent/child/sibling visits as outlined by the

primary FSW in the case plan or as otherwise coordinated by primary FSW.

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L. Complete any necessary incident reports (e.g., disruption) and provide the primary county

a copy.

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POLICY III-B: NOTIFICATION OF RELATIVES AND FICTIVE KIN WHEN A CHILD IS

TAKEN INTO CUSTODY BY THE DIVISION

08/2015

The Division shall exercise due diligence to identify and provide notice to all adult grandparents,

all parents of a sibling of the juvenile where the parent has legal custody of the sibling, and other

adults who are related to the child transferred to the custody of the Division within the third

degree of kinship by virtue of blood, adoption, or marriage. Additionally, the Division will provide

notice to any other adult relatives suggested by the parents of the child. Per A.C.A. § 9-28-107,

the Division may provide notice of a child transferred to the custody of the Division to fictive kin

which are persons who have a strong, positive emotional tie to the child and have a positive role

in the child’s life but are not related by blood, adoption, or marriage. The Division will, on a

continuing basis, seek out for the purpose of identifying potential opportunities for permanency,

persons with whom the child has meaningful relationships. The Division will document its

attempts to provide notice in court reports.

PROCEDURE III-B1: Notice to Relatives and Fictive Kin

08/2015

Notices

The Family Service Worker will:

A. Provide notice using CFS-323-A: Notice to Adult Relatives by Blood, Adoption, or Marriage

that a Child Has Been Taken into DCFS Custody to all adult relatives by blood, adoption,

or marriage within the third degree of kinship, all parents of a sibling of the juvenile where

the parent has legal custody of the sibling, as well as any other adult relatives suggested

by the parents of the child.

1) The Division should provide notice using CFS-323-B: Notice to Fictive Kin that a Child

Has Been Taken into DCFS Custody to any adults identified as having a positive,

meaningful relationship with the child and/or could offer needed services and

supports to the child and/or his or her family.

B. Send notices within 30 days after the child is transferred to the custody of the Division.

C. Send notices to additional persons of interest who are identified at any point in time

during the child’s stay in foster care (within 30 days of identification) until permanency is

achieved.

1) Notices need not be sent to any adult relative or fictive kin who has:

a) A pending charge or past conviction or plea of guilty or nolo contendere for family

or domestic violence; or,

b) A true finding of child maltreatment in the Child Maltreatment Central Registry.

However, if it is determined that the relative may have a meaningful relationship with

the child and the charge, conviction, or true finding is such that the relative is not

considered to pose a threat to the child, the notice may be sent.

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D. In the Document Tracking Screen in CHRIS, select the CFS -323-A: Notice to Adult

Relatives by Blood,

Adoption or Marriage that a Child Has Been Taken into DCFS Custody or CFS-323-B:

Notice to Fictive Kin that a Child Has Been Taken into DCFS Custody, as appropriate, and

enter the following information:

1) Date Sent

2) Description text field

3) Comments text field

4) Document Issue on Behalf of Client – select the client

5) Document Issued to Recipients – select relative client

E. Contact by phone any individual to whom CFS-323-A: Notice to Adult Relatives by Blood,

Adoption or

Marriage that a Child Has Been Taken into DCFS Custody or CFS-323-B: Notice to Fictive

Kin that a Child Has Been Taken into DCFS Custody was sent within five (5) working days

of sending the notification to more fully explain the options that the specific individual

may have in terms of providing a temporary home for or otherwise staying in contact with

the child who was taken into DHS custody.

F. Document the date and time of all phone contact attempts (whether successful or

unsuccessful in speaking with the individual) and the result of each attempt in the CHRIS

contacts screen.

G. If, after three attempts of trying to reach an individual to whom CFS-323-A: Notice to

Adult

Relatives by Blood, Adoption or Marriage that a Child Has Been Taken into DCFS Custody

or CFS-323-B: Notice to Fictive Kin that a Child Has Been Taken into DCFS Custody was

sent, the Family Service Worker is unable to reach him or her, the FSW may cease trying

to contact the individual.

H. Enter the following information as appropriate on the Relative/Fictive Kin Interest

Information Tab within the Court Report Screen in CHRIS under the Relative/Fictive Kin

Interest Detail if the individual indicates interest in providing support to the child:

1) Child

2) Relative/Fictive Kin

3) No Relative/Fictive Kin Identified checkbox (if applicable)

4) Notified Date

5) Under the “Interested in Participating in the Care and Placement of Child” section,

each grouping has a checkbox and when selected the text box will become

mandatory to enter the information on the following:

a) Provisional Home

b) Foster Home

c) Kinship Guardianship

d) Desires Visitation

Court Reports

The Family Service Worker will:

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A. Include the following information in the CFS-6011: Court Report:

1) Outline of the efforts made by the Division to identify and notify all adult relatives

including all parents of a sibling of the juvenile where the parent has legal custody of

the sibling, that the child is in the Division’s custody.

2) A list of all adult relatives and the response of each relative to the notice, including:

a) The adult relatives’ interest in participating in the care and placement of the child;

b) Whether the adult relative is interested in becoming a provisional foster parent or

foster parent of the child;

c) Whether the adult relative is interested in visitation.

3) Outline of the efforts made by the Division to identify and notify any fictive kin that

the child is in the Division’s custody.

4) A list of all fictive kin and the response of each fictive kin to the notice, including:

a) Whether fictive kin is interested in becoming a provisional foster parent or foster

parent of the child.

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POLICY III-C: COORDINATION WITH THE OFFICE OF CHILD SUPPORT

ENFORCEMENT

02/2010

The Division of Children and Family Services will coordinate with the Office of Child Support

Enforcement (OCSE) to ensure that foster care cases are referred so that support can be paid to

the Department of Human Services while the child remains in DHS custody. Foster care cases in

which paternity is an issue will also be identified and referred. A referral for child support will be

made for each parent involved in a foster care case meaning the parents from whom the child

was removed, absent parents and putative fathers.

The Family Service Worker will refer foster care cases to OCSE by completing the Relationships

screen in CHRIS with family identifying information. In addition, he Family Service Worker will

provide information as needed and coordinate with OCSE after an OCSE (IV-D) case is opened.

The CHRIS system generates the referral to OCSE after a child has been in foster care for 30 days.

Once an OCSE case is opened, OCSE has responsibility to coordinate with the support payer and

for arranging and paying for paternity testing.

Child support monies will be paid to and managed by the Department of Human Services. Child

support monies collected will be used to reimburse the state for foster care board payments and

other expenses as appropriate.

PROCEDURE III-C1: DCFS Coordination with OCSE

02/2010

The Family Service Worker will:

A. Complete the Relationships screen in CHRIS.

B. Initiate the referral to OCSE by selecting Yes from the Refer to Child Support Enforcement

Unit radial button on the Relationships screen.

C. Be the contact person with authority to advise OCSE on the status of the family and case

as casework progresses.

D. Receive and act on notices, e.g. requests for information sent by OCSE.

The CHRIS system will generate information to OCSE based on information entered into CHRIS by

the Family Service Worker. CHRIS will:

A. Notify OCSE when parental rights have been terminated so the child support case can be

closed.

B. Advise OCSE when custody changes and the child leaves foster care.

C. Notify OCSE when a child’s demographic information changes such as name, SSN, etc.

D. Provide OCSE with the following information when custody changes:

1) Where the child is placed.

2) Where child support payments are to be sent: DHS P.O. Box 8181, Little Rock, AR

72203.

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POLICY III-D: RESOLUTION OF DENIAL OF MEDICAID SERVICE

09/2008

When a particular service is denied for an otherwise Medicaid eligible child in foster care, the

Division will attempt to resolve the issue by discussing the issue with the appropriate Division of

Medical Services (DMS) representative. If the issue cannot be resolved internally, the Division

will file an appeal according to established DMS guidelines.

PROCEDURE III-D1: Internal Resolution

09/2008

If a Medicaid eligible child in foster care is denied a Medicaid service and the Family Service

Worker disagrees with the denial, the Family Service Worker will:

A. Notify the DCFS Client Advocate.

B. Complete a Departmental appeal form (DHS-1200) and provide to the Client Advocate.

The Client Advocate will:

A. Contact the DMS Director or his designee and attempt to resolve the issue by providing

any additional information and documentation regarding the child and his/her need for

the denied service. The issue must be resolved prior to the expiration of the 30 day

Medicaid appeal timeframe, to allow for a formal appeal in the event that the issue

cannot be resolved internally.

B. Notify the FSW when DMS makes a determination as to the outcome of the internal

appeal. If the denial is upheld, the Client Advocate may initiate an external appeal.

PROCEDURE III-D2: External Resolution

09/2008

If a Medicaid eligible child in foster care is denied a Medicaid service and an attempt to resolve

the issue through the internal resolution process has been unsuccessful, the Client Advocate will,

with agreement of the DCFS director, notify the contract attorney for children in foster care.

The contract attorney will:

A. File an appeal on behalf of the child according to the guidelines established by DMS.

B. Complete a Departmental appeal form (DHS-1200)

C. File the form with the Office of Appeals and Hearings within 30 days of the date on the

notification letter.

The Office of Appeals and Hearing will make a final decision regarding eligibility for a Medicaid

service and send written notification of the final agency determination to the appropriate parties.

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POLICY III-E: CLIENT DRUG AND ALCOHOL SCREENING

10/2014

OVERVIEW

Drug and alcohol use are often contributing factors to child maltreatment. As such, there are

times when drug and/or alcohol screening for clients is necessary to ensure appropriate

interventions are provided to the family. However, drug and alcohol screening alone are neither

treatment interventions nor child safety interventions. The use of drug and alcohol screens and

the corresponding results are only one component in the assessment of child safety and risk as

well as the strengths and protective capacities of families. It is also important to recognize that

drug screens administered by DCFS staff are only presumptive screening tools. As such, only the

results of a lab confirmed drug test (not a drug screen) can definitively confirm the presence of a

specific drug.

The Division of Children and Family Services will conduct drug and alcohol screening of clients

(e.g., parents, caretakers, youth) when appropriate during a child maltreatment investigation or

during the course of any type of open DCFS case. It is considered appropriate to conduct a client

drug or alcohol screen if DCFS staff has reasonable cause to suspect that a youth involved in a

DCFS investigation or case is using drugs and/or alcohol or has reasonable cause to suspect a

child’s parents or caretakers are under the influence of drugs and/or alcohol to the point that

their parenting abilities are negatively impacted. Reasonable cause to suspect may include past

history of drug and/or alcohol abuse and/or observable client behavior indicating he or she may

be under the influence of drugs or alcohol.

FREQUENCY AND LOCATION OF DRUG AND ALCOHOL SCREENS

DCFS may request random drug or alcohol screenings of a youth, parent, or caretaker for

reasonable cause. DCFS will also conduct drug screens for clients as outlined in court orders,

when applicable.

If a client is participating in a substance abuse treatment program that requires frequent random

drug screening or has a probation or parole officer who conducts frequent random drug screens,

then drug screens conducted by DCFS are not necessary (unless a court order specifies DCFS must

administer drug screens rather than accepting drug screens from another qualified provider). The

results from the drug screens conducted by the substance abuse treatment program, probation

officer, or parole officer will suffice (see preceding court order exception) as long as the

substance abuse treatment program, probation officer, parole officer, etc. provides the written

results of the drug screens to DCFS in a timely manner. If results are not received from the

substance abuse treatment program, probation officer, parole officer, etc. within court

timeframes or as otherwise needed by DCFS, then at that point it will become necessary for DCFS

to conduct an additional drug screen. DCFS will remain responsible for providing written drug

screen results to the court regardless of the entity that conducts the screen.

Appropriate locations for drug and/or alcohol screenings for clients 13 and older may include,

but are not limited to, the county office, client home, and court house, as appropriate. While

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DCFS staff may conduct drug or alcohol screens on teenagers when necessary, all children

younger than 13 for whom a drug screen or test is needed will be referred to a physician or

medical facility to have an appropriate screen or test completed (e.g., hair shaft test) at no cost

to the client. If parental consent for a necessary drug screen or test on a minor is not granted,

DCFS will obtain an order of investigation to conduct a drug screen or test for children and youth.

For drug screens or tests for children who are less than 13 years of age, DCFS staff will accompany

them to a qualified agency for the screen or test.

TYPES OF DRUG SCREENS UTILIZED BY THE DIVISION

DCFS staff will conduct only oral fluids and urine specimen drug screenings. Only drug and alcohol

screens from the Division approved vendor will be used by DCFS staff. DCFS staff will only

administer drug and alcohol screens according to training and procedures provided by the

vendor.

Division staff will keep record of their completion of training and complete training updates as

needed. An employee who has not completed the Division approved vendor drug screening

training will neither administer a drug or alcohol screen to a client nor serve as a witness to drug

or alcohol screen results (witnesses to drug screen results are only required when results of the

drug screen are unclear and/or challenged by the client). While interns (stipend and non-stipend)

may observe DCFS staff working with drug and alcohol screens, interns will never independently

conduct drug or alcohol screens on clients nor will they serve as an official witness to drug or

alcohol screen results.

Written screening instructions provided by the Division approved vendor will be kept in a binder

clearly identified as such in all county offices. County office personnel are responsible for

maintaining all updates to the screening instructions that the Central Office Prevention and

Support Unit provides to the field.

Court ordered (or otherwise deemed necessary) hair shaft tests, blood tests, or other drug

screens that are not the standard DCFS oral fluids or urine specimen screens administered by

Division staff will be handled on an individual basis. All requests for payment of hair shaft tests,

blood tests, or other non-standard drug screens will be made via the Area Financial Coordinator

or designee to the Central Office Financial Unit. Such tests and screens will be paid with a state

procurement card or purchase order with prior approval from the Central Office Financial Unit.

CLIENT REFUSAL OF SCREENS

If not previously court ordered, parents or caretakers may decline participating in their own drug

and/or alcohol screens. Any refusal must be documented in CHRIS. The drug and/or alcohol

screen may not be pursued further without a court order. If the adult client refuses to submit to

any court ordered drug or alcohol screen, the screen will be documented in CHRIS as a refusal,

and the refusal will be disclosed to the court.

ACTIONS FOLLOWING SCREEN RESULTS

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Regardless of the results of the drug screen, DCFS staff will verbally share the results of the screen

with the client. DCFS staff will also record the results of the screen with the client via the CFS-

150: Drug and Alcohol Screen Results form.

If drug and/or alcohol screen results are positive, DCFS must assess how the drug and/or alcohol

usage is impacting the parent/caretaker’s ability to effectively parent and ensure child safety

prior to making decisions about the placement of the child, parent-child visits, and/or other case

plan requirements. A positive drug or alcohol screen in and of itself will not result in the

postponement and/or withholding of visits between a parent and child in DHS custody unless:

A. The parent is under the influence of drugs and/or alcohol at the time of the scheduled

visit and has observable behavior indicating impairment of parenting capacity; or,

B. A court order specifies that a parent’s positive screen will result in the withholding of

parent-child visits.

CLIENT CHALLENGES TO DRUG OR ALCOHOL SCREEN RESULTS

For each Division administered drug screen that is positive, DCFS will pay for one lab test of that

positive drug screen if it is challenged by the client. If the lab test confirms the presence of the

drug(s), then DCFS will not pay for further testing of that positive screen and/or lab confirmation.

However, if a consistent pattern of positive screens followed by client requests for lab

confirmations of each screen that also return positive emerges, the Division will have the

discretion, in consultation with other parties to the case, to cease paying for continued lab

confirmation tests requested by the client.

If a client challenges the results of a Division administered drug or alcohol screen, the client may

elect at his or her own expense to have another entity (e.g., hospital for drug and alcohol screens,

local police station for alcohol screens only) conduct another drug and/or alcohol screen or test

rather than DCFS sending the screen to the lab for testing. The Division will accept the results of

urine or blood sample screens or tests from other qualified agencies as long as a DCFS employee

is able to immediately accompany the client to the qualified agency and provided the qualified

agency conducting the screen gives results in writing to DCFS.

CONFIDENTIALITY OF DRUG AND ALCOHOL SCREEN RESULTS

All data, information, and results related to client drug and/or alcohol screens are confidential.

Disclosure of information will only be to those individuals whose official business duties

necessitate disclosure or as required by law. Breaches of confidentiality will constitute grounds

for disciplinary action to include the possibility of job termination.

PROCEDURE III-E1: Administering Client Urine Specimen Drug Screens

10/2014

The DCFS employee will:

A. Ask client to put away his or her purse, bag, jacket, etc. and ask client to empty all of his

or her pockets.

B. Observe, but not touch, each of the client’s pockets to ensure they are empty. The only

item the client may take into the restroom stall is the collection container.

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C. Escort the client to the restroom.

D. Directly observe the clients wash their hands without soap.

E. Give the client only the collection container. The client must not have access to the

screen.

F. Instruct the client to fill the cup to the marked line.

G. Observe the client enter the restroom, close the door to give privacy to the client, but

remain immediately outside the restroom.

1) Do not directly observe the client in the process of urination unless court ordered

to observe.

a) If court ordered to observe, the witness must be the same gender as the

client.

H. If the client has difficulty giving a specimen, have the client drink eight (8) ounces of water

and wait up to two (2) hours for the client to give a urine specimen. As such, do not

attempt to conduct the drug screen if a minimum of three hours are not left in the

workday.

I. After the cup has been returned to the FSW or designee, visually examine the specimen.

1) Suspicion of adulteration and/or dilution will be indicated by the PH screen and

temperature gauge.

J. Verbally share and explain the drug screen results to the client.

K. Document the results via CFS-150: Drug and Alcohol Screen Results Form and gather all

required signatures on the CFS-150: Drug and Alcohol Screen Results Form.

L. If the client does not challenge the screening results:

1) Return the specimen cup to the client after the specimen has been screened and the

results documented.

2) Ask client to dispose of the contents in the toilet or urinal, flush, and discard the

container in the designated trash container.

3) Place the top copy of the CFS-150: Drug and Alcohol Screen Results Form in the client

record.

4) Retain the middle copy for submission to court.

5) Give the client the bottom copy of the completed CFS-150: Drug and Alcohol Screen

Results Form.

6) Scan and email the completed CFS-150: Drug and Alcohol Screen Results Form to all

parties to the case.

7) Document drug and alcohol screen results and any other relevant information

associated with drug and alcohol screen results in CHRIS as applicable.

M. If the client challenges the screening results, please refer to Procedure III-E2: Urine

Specimen Drug Screen Challenges.

The DCFS Supervisor will:

A. Ensure all staff administering and/or serving as witnesses to drug screen results have

successfully completed the Division approved drug and alcohol vendor training.

B. Conference with the FSW as needed regarding need for screening and any subsequent

action steps.

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PROCEDURE III-E2: Client Urine Specimen Drug Screen Challenges

10/2014

If urine specimen drug screen results are positive and the client challenges the result, the DCFS

employee will:

A. Inform the client that the specimen will be sent to the lab for drug testing confirmation.

1) However, if DCFS staff initially conducted the drug screen at the client’s home, the

DCFS employee may offer to re-screen the client at the county office that same day

and have another DCFS staff person serve as a witness to the results of the second

screening.

B. The chain of custody will be maintained throughout the entire challenge process.

C. Complete the county specific vendor challenge form.

D. Write the client specimen identification number found on the county’s vendor challenge

form/mailing strip on the CFS-150: Drug and Alcohol Screen Results Form (the client

specimen identification number is the identifier used in the subject line of the email that

the lab sends when emailing the FSW with the challenge results; this number is the only

way to match the challenge results to the correct client so it is extremely important to

record the client specimen identification number prior to mailing the challenge screen to

the lab).

E. Prepare the urine specimen for laboratory screening (lab will not process urine specimens

that are received without proper identification).

1) Notify the DCFS Prevention & Support Manager or designee that the collection will

be sent for lab confirmation by faxing a copy of the Chain of Custody, prior to the

urine specimen being sent to the lab.

2) Check for leakage of the collection device prior to mailing/sending the specimen for

confirmation screening.

3) Use the supplied FedEx mailer envelopes to send the challenged, positive, urine

specimens to the lab.

a) If samples taken on weekends or after FedEx facility closes during the week,

refrigerate samples until they are delivered to FedEx facility for shipment.

4) To access challenge results, contact the Area Financial Coordinator or designee for

instructions on how to access the lab confirmation results via the internet.

5) If challenge results are contested, documentation of the chain of custody of urine

specimen shall be verified by affidavit of one person witnessing the procedure or

extraction, packaging, and mailing of the samples and by one person signing for the

samples at the location where the samples are subject to the testing procedure.

a) Submission of the affidavits, along with the submission of the screening results,

shall be competent evidence to establish the chain of custody of those urine

specimens.

b) For a court ordered screening, a written report of the results may be prepared by

the person conducting the screening, or by a person under whose supervision or

direction the screen and analysis have been performed.

c) This report must be certified by an affidavit subscribed and sworn to before a

notary public.

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d) This report may be introduced in evidence without calling the person as a witness,

unless a motion challenging the screening procedures or results has been filed

within 30 days before the hearing and bond is posted in an amount sufficient to

cover the costs of the person's appearance to testify.

If the alcohol screen results are positive and the client challenges the results, the DCFS staff

will:

A. Inform the client he or she may immediately obtain a blood test from a qualified agency

or immediately take a Breathalyzer test at the local police station.

PROCEDURE III-E3: Administering Other Client Drug and Alcohol Screens

10/2014

The DCFS employee will:

A. Refer to vendor information for screen (e.g., K2 strip, ALCO screen) collection procedures

and interpreting results.

B. Under normal circumstances, limit the entire screening process to 15 minutes.

C. Verbally share and explain the drug screen results to the client.

D. Document the results via CFS-150: Drug and Alcohol Screen Results Form and gather all

required signatures on the CFS-150: Drug and Alcohol Screen Results Form.

E. If the specimen screening results are positive and the client challenges the result:

1) Prepare the oral fluids specimen for laboratory confirmation, if applicable, for that

specific screen. Do not dispose of an oral fluids specimen that needs to be sent to

the screening laboratory for confirmation testing.

a) Send the specimen to the lab per the vendor’s instructions.

b) Access lab confirmation results (see Area Financial Coordinator for more

information).

c) If challenge results are contested, documentation of the chain of custody of

specimen shall be verified by affidavit of one person witnessing the procedure or

extraction, packaging, and mailing of the samples and by one person signing for

the samples at the location where the samples are subject to the testing

procedure.

i. Submission of the affidavits, along with the submission of the screening

results, shall be competent evidence to establish the chain of custody.

ii. For a court ordered screening, a written report of the results may be

prepared by the person conducting the screening, or by a person under

whose supervision or direction the screen and analysis have been

performed.

iii. This report must be certified by an affidavit subscribed and sworn to before

a notary public.

iv. This report may be introduced in evidence without calling the person as a

witness, unless a motion challenging the screening procedures or results has

been filed within 30 days before the hearing and bond is posted in an

amount sufficient to cover the costs of the person's appearance to testify.

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2) If the oral fluid specimen is not able to have a laboratory confirmation and the client

still wishes to challenge the result, immediately accompany the client to a qualified

agency for confirmation testing provided the qualified agency will give results in

writing to DCFS.

F. If the client does not challenge the results of the screening:

1) Return oral fluids screening kit to the client after the specimen has been tested and

results documented.

2) Ask client to discard the kit in the designated trash container.

3) Observe client throwing away kit in designated trash container.

PROCEDURE III-E4: Maintenance and Re-ordering of Drug and Alcohol Screens

10/2014

The County Office will:

A. Store the drug screen kits at room temperature (do not leave drug screen kits in vehicles

for storage purposes as this will impair the effectiveness of the drug kits).

B. Maintain an adequate supply of drug screening materials, to include copies of drug

screening information, at all times.

C. Monitor closely the specimen collection supplies (county office supply stock will not fall

below 15 kits).

D. Drug screen kits past their expiration dates will not be used and will be disposed of

immediately (expiration date will be clearly marked on each drug screen kit).

E. Use new supplies only after current supplies are depleted.

F. If the county has several kits nearing expiration, order new drug and/or alcohol screen

kits as well as challenge kits directly from the DCFS approved vendor and copy the

Prevention and Support Unit on the order request.

G. Address questions pertaining to Chain of Custody Challenged screening to the Central

Office Prevention and Support Unit.

The Central Office Prevention and Support Unit will:

A. Ensure funds are available for all drug and alcohol screen kit orders and challenge kit

orders.

B. Email DCFS approved vendor to inform them whether to move forward with county

order request (based on availability of funds) and copy county point of contact on the

email.

C. Respond to the county office regarding questions related to DCFS approved drug screen

and challenge kits.

D. Serve as a liaison between the county office and DCFS approved drug screen vendor as

necessary.

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POLICY III-F: SERVICES CASE OPENING FOR INFANTS BORN TO JUVENILES IN THE

PHYSICAL CUSTODY OF THE DIVISION OF YOUTH SERVICES

09/2008

DCFS is responsible for coordinating services with the Division of Youth Services (DYS) to ensure that infants born

to youth in the physical custody of DYS will be placed in a healthy, safe and caring environment upon the infants

discharge from the hospital. The responsibilities and duties of each agency is delineated in the Arkansas

Department of Human Services Division of Children and Family Services – Division of Youth Services Cooperation

Agreement, 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.

PROCEDURE III-F1: Coordination of Services, Care and Case Opening for Infants

Born to Juveniles in the Physical Custody of the Division of Youth Services

08/2013

DCFS Responsibilities and Duties:

To ensure the well-being of an infant, born to a juvenile in the physical custody of DYS, the DCFS

Assistant Director of Community Services or designee shall work collaboratively with DYS and

function as the liaison between DYS and DCFS.

Upon receipt of information from DYS that a juvenile in their custody is pregnant, the DCFS

Assistant Director of Community Services or designee will be responsible for contacting and

coordinating services with the appropriate DCFS county staff and DYS staff.

In order to ensure the health and safety of any infant born to a juvenile in the physical custody

of DYS, the DCFS Assistant Director of Community Services or designee shall perform the

following duties:

A. Contact the appropriate DCFS county office to notify them of the referral from DYS.

B. Forward all information to the appropriate DCFS county office concerning the juvenile

and designated caregivers.

C. Coordinate all information sharing between the county office and DYS. If the county

office needs any additional information from DYS, the county must contact the DCFS

Assistant Director of Community Services.

D. Track all referrals to the county office until the infant is placed with a designated caregiver

or with DHS. The DCFS Assistant Director of Community Services or designee will develop

a log to track all referrals and maintain a status of the referrals.

In order to ensure the health and safety of any infant born to a juvenile in the physical custody

of DYS, the DCFS county office shall perform the following duties:

A. Contact the identified caregiver(s) to determine their willingness to take custody of the

child at birth and to care for the child until the parent is released from DYS.

B. Explain to the prospective caregiver that:

1) If his or her home study, including a Central Registry Check, a State Police Criminal

Background Check, and Vehicle Safety (DMV) Check, is approved, DCFS will

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petition the court for them to take custody of the child at birth, and DCFS would

have no further involvement in the case.

2) A prospective caregiver has the option of becoming a foster family only if they

need assistance in the care of the child.

C. Coordinate the services between other counties if the juvenile identifies more than one

potential caregiver and any of the prospective caregivers live in different counties.

D. Subsequent to declining a prospective caregiver due to an unfavorable home study,

contact other county offices as necessary to have those counties conduct home studies

on other identified potential caregivers.

E. Conduct a home study, including a Central Registry Check, a State Police Criminal

Background Check, and Vehicle Safety (DMV) Check, on the family that is the most willing

to take the infant and willing to work for the best interest of the juvenile. County office

staff can use contracts for conducting the home studies if contracts are available.

F. Once a favorable home study is completed on a prospective caregiver, explain to the

prospective caregiver that DCFS will petition the court for them to obtain emergency

custody of the child. The home study needs to be completed and approved, if possible,

prior to the infant’s birth.

G. If the home study is completed and approved within the first or second trimester of the

pregnancy, then after the child is born but before placement, complete a walk-through of

the prospective caregiver’s home to ensure the home remains appropriate (a new home

study is not required, only a walk-through).

H. Contact OCC on each case so that there is appropriate court involvement.

I. Identify cases as FINS Non-DCFS Involvement as appropriate.

If an appropriate caregiver is willing to take custody of the child, DCFS will not take custody but

will file a petition for dependency due to the parent being incarcerated. The petition will ask for

emergency custody to be given to the caregiver once the baby is born. Placement with the

approved caregiver will be the requested placement and not placement with DHS.

If there is no appropriate caregiver or if the identified caregiver is not willing to take custody of

the child but expresses that they would like to become a foster parent for the child, DCFS will

petition the court for custody of the infant and open the caregivers home as a provisional foster

home if the approved caregiver is a relative or fictive kin. If the approved caregiver is not a

relative or fictive kin and wants to become a foster parent for the infant, the infant will have to

be placed in an approved foster home until the caregiver becomes an approved licensed foster

home.

Release of Infant

A. The DCFS Assistant Director of Community Services or designee will immediately notify

the appropriate county office of the juvenile’s entry into the hospital for delivery or

immediately after the juvenile delivers the infant.

B. Upon notification, the county office will immediately notify the approved caregiver of the

juvenile’s entry into the hospital for delivery of the child.

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C. DCFS shall be responsible for initiating any legal proceedings necessary to facilitate the

placement or release of the infant(s).

POLICY III-G: SERVICES CASE OPENING FOR INFANTS IF ABORTION RESULTS IN

LIVE BIRTH

04/2018

The Division of Children and Family Services (DCFS) is responsible for the immediate and on-going

care of infants born alive as the result of an attempted abortion if before the abortion, the

pregnant woman, or if married, the pregnant woman and her spouse, have stated in writing that

they do not wish to keep the infant if the abortion results in a live birth and the writing is not

retracted before the abortion.

PROCEDURE III-G1: Coordination of Services, Care, and Case Opening for Infants

if Abortion Results in Live Birth

04/2018

To ensure the well-being of an infant, when abortion results in live birth, the Family Service

Worker (FSW) will:

A. Place an immediate hold on the infant, regardless of the medical status of the infant.

B. Notify OCC immediately that a hold has been exercised to initiate a dependency

petition.

C. Communicate with the current medical provider to determine the medical condition of

the infant and to coordinate necessary medical services.

D. Refer the child’s case to the Adoption Supervisor.

The FSW Supervisor will:

A. Ensure the child’s case is referred to the Adoption Supervisor timely.

B. Coordinate with Adoption Supervisor to ensure services for the child while transitioning

to an appropriate pre-adoptive placement.

The Adoption Specialist will:

A. Carry out the same actions as those listed for the Adoption Specialist in Procedure VIII-

F1.

The Adoption Supervisor will:

A. Assign an adoption specialist within 24 hours.

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POLICY III-H: SERVICES CASE OPENING FOR CASES INVOLVING INCARCERATED

PARENTS

04/2018

The Division of Children and Family Services (DCFS) is responsible for coordinating services with

the Arkansas Department of Corrections (ADC) and Arkansas Sheriff’s Association to ensure the

immediate and on-going assessment and provision of services to incarcerated parents of

juveniles. DCFS will make diligent efforts to locate incarcerated parents and to determine what

services are available to those parents during their incarceration. When working with parents

incarcerated through ADC, the responsibilities and duties of ADC and DCFS are delineated in the

Arkansas Department of Human Services-Arkansas Department of Corrections Memorandum of

Understanding (MOU), which is posted on CHRIS Net and are subject to renewal every three (3)

years. To determine the individual responsibilities and operational protocol of the agencies, see

the specifics of the MOU.

PROCEDURE III-H1: Coordination of Services, Hearings, and Visitation for

Incarcerated Parents

04/2018

In order to ensure adequate communication with and provision of services to incarcerated

parents, the Family Service Worker (FSW) will:

A. Attempt to locate incarcerated parents at all stages of service provision, including during

investigations. Efforts to locate will include, at a minimum:

1) Conducting a Lexis Nexis search.

2) Searching local jail, Arkansas Department of Corrections, etc. for inmate information

at: www.vinelink.com.

3) Checking AOC Public Court Connect at:

https://caseinfo.aoc.arkansas.gov/cconnect/PROD/public/ck_public_qry_main.cp_m

ain_idx.

4) Contacting the reporter and any listed collaterals from the current and former

investigations and cases to ask for information about the location of the parent.

B. Document reasonable efforts to identify and locate incarcerated parents at all stages of

service provision, including during investigations, in CHRIS contact screens, court reports,

and affidavits.

C. Contact the identified ADC facility or local detention facility (city or county jail) and

determine:

1) The appropriateness of visitation and venue for parent-child visitation for children in

foster care by assessing the following:

a) Whether the parent is under any restriction by the facility that would affect

visitation;

b) Whether the facility has any limitations to visitation such as lack of space or lack

of staff to meet facility protocols;

c) Whether the facility is an appropriate venue for visitation based on the child’s

age, trauma history, and current developmental status;

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d) Whether the distance to the facility is prohibitive for routine visitation based on

the child’s educational and developmental status;

e) Whether the facility is open to allowing volunteer relatives/fictive kin to transport

to visitation;

f) Whether the visitation can be accommodated in another manner such as Skype,

Video Visitation, letter writing, email or Facetime.

2) How to adequately assess and coordinate services for the incarcerated parent by:

a) Determining if the detention facility staff will assist in the completion of the

parent’s portion of the CANS and in identifying necessary services for the parent.

i. The FSW will complete the CANS by phone with the parent if detention

staff is unable to assist.

b) Coordinating with ADC or the local detention facility to ensure that services

identified are provided to the inmate (whether provided directly by the detention

facility staff/contract providers or by DCFS staff providing the services to the

inmate in the facility and/or by sending educational materials to the facility for

the inmate).

c) Sending staffing notices via CFS-590: Invitation to Family-Centered Meeting to

the identified detentions contacts.

i. The FSW will notify the contact that the incarcerated parent is invited to

participate in the staffing by telephone if the parent requests to do so at

least 24 hours prior to the scheduled time for the staffing to begin. It will

be the incarcerated parent’s responsibility to schedule with ADC or the

local detention facility to have phone privileges as necessary.

d) Adding the incarcerated parent to the CANS assessment and case plan while

including all services provided by the detention facility.

e) Requesting written progress reports and certificates of completion for services

from the detention facility.

i. Attach all documents obtained to the written court report for upcoming

hearings and place a copy of all correspondence with the detention facility

in the physical case record.

f) Coordinating discharge planning, including determining who will be the assigned

parole/probation officer, when appropriate.

g) Providing a copy of local assistance organizations and services available for the

tentative county of residence to the incarcerated parent 30 days prior to the

parent’s discharge from the detention facility.

D. Coordinate joint decision making as to the appropriateness of visitation with assigned

Attorneys Ad Litem, CASAs, and Parent Counsel.

E. Provide the incarcerated parent with a copy of all case plans, court reports, and court

orders via standard mail to the ADC or local detention facility contact person.

F. Coordinate services with resident county:

a) Refer the case for resident county services in the CHRIS assignment screen.

b) Email resident county FSW and copy resident county Supervisor with a summary

of service needs and requests.

c) Invite resident county FSW to staffings via CFS-590.

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d) Maintain minimum monthly contact with resident county FSW in an effort to

coordinate on-going services, monthly face-to-face contact with the incarcerated

parent and parent-child visitation.

FSW Supervisor will:

A. Monitor to ensure diligent efforts to locate incarcerated parents.

B. Attend staffings to assist in determining the appropriateness of services and visitation.

C. Ensure case assignment to and coordination of services with resident county.

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POLICY III-I: SERVICES CASE OPENING FOR CASES INVOLVING ACTIVE DUTY

SERVICE MEMBERS

04/2018

The Division of Children and Family Services (DCFS) is responsible for coordinating services with

Little Rock Air Force Base to ensure the immediate and on-going assessment and provision of

services to active duty service members who are involved in open DCFS cases. This includes

reports involving as an alleged victim a child of an active duty service member, as an alleged

offender a person who is an active duty service member, and any report alleging child

maltreatment that occurred during an activity conducted or sanctioned by the United States

Department of Defense or its subdivisions, or occurring at a facility operated by the United States

Department of Defense or its subdivisions.

DCFS will make diligent efforts to locate active duty service members and to determine what

services are available to those clients through the Family Advocacy Program (FAP) on the military

installation and via DCFS. The FAP at Little Rock Air Force Base will act as the central point of

contact for all military branches and installations within the State of Arkansas. The LRAFB FAP

will coordinate, on behalf of LRAFB and other Arkansas military branches and installations, with

DCFS/CACD to develop a plan of investigation, share information, and coordinate the provision

of necessary services for active duty service members. The FAP will determine eligibility for and

coordinate available service provision through the base to active duty service members. Only

the service member who was active duty at the time of the incident will be eligible for services

through the military installation. Not all military installations have services available locally.

The specific responsibilities and duties of each agency is delineated in the Arkansas Department

of Human Services-Little Rock Air Force Base Memorandum of Understanding (MOU), which is

posted on CHRIS Net and is subject to renewal every three (3) years. To determine the individual

responsibilities and operational protocol of the two agencies, see the specifics of the agreement.

PROCEDURE III-I1: Coordination of Services for Active Duty Service Members

04/2018

To ensure coordination of services for active duty service members, both on and off base, the

Family Service Worker (FSW) will:

A. Review the initial case connect contact to determine if LRAFB was notified of the active

duty service member’s involvement in the DCFS case.

1) If the FSW determines that notifications to LRAFB were not made, the FSW will

contact the FAP during duty hours at 501-987-7377 and provide notification.

B. Ensure the client screen for the active duty service member contains an accurate social

security number and that the “active duty service member” check box is checked.

C. Enter the FAP as a collateral in the open case and document all contacts with the FAP in

the case contact screen.

D. Contact FAP at 501-987-7377 and coordinate the following:

1) Contact with active duty service member/family if residence is on base.

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2) Determination of what, if any, services are available for the service member

through the FAP.

3) Termination of services and case closure.

E. Assist in providing case management updates for ongoing services directly provided by

DCFS.

1) Upon request, furnish FAP with written progress reports and/or assessments to

include any agreements, stipulations, or court orders for ongoing services.

F. When removal of a child becomes necessary:

1) Consider that when the suspected offender is the active duty service member,

the member’s military commander has the authority to order the alleged

offender out of the home.

2) Contact the Security Forces Law Enforcement desk at 501-987-3221 if there is a

concern for the safety of staff members or victim(s).

G. In situations where a military order is deemed appropriate for an active duty service

member to have no contact with the alleged victim, provide FAP with suggested

instruction(s) regarding authorized contact between the alleged victim(s) and the

suspected active duty service member. Such instructions may include guidance about

phone, letter, electronic, or unsupervised/supervised face-to-face contact.

The FSW Supervisor will:

A. Ensure referrals for active duty service members are provided to the FAP timely.

B. Ensure open and accurate communication continues between DCFS and the FAP for the

duration of DCFS involvement with the family.

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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 (2)

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

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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

07/2017

The Family Service Worker will:

A. Explain the general purpose of the FAST or CANS to the family, as applicable.

B. Meet several times with the parents, caregivers, children, service providers, and extended

family members to conduct a thorough and complete FAST or CANS, as applicable;

1) Complete the FAST at a minimum within 30 days, every three months thereafter,

and prior to case closure;

2) Complete, at minimum, the CANS within 30 days of the child entering out-of-home

placement or within 30 days of case opening, whichever comes first, every three

(3) months thereafter; and prior to case closure;

C. Explain the overall outputs of the FAST or the CANS to the family, as applicable.

D. If at any time during the completion of an initial or subsequent FAST or CANS, or at any

other point during a protective services or foster care case, there is reason to believe a

child involved in a protective services or foster care case is a victim of sex trafficking or

at risk of being a sex trafficking victim:

1) Document accordingly in CHRIS and conference with the FSW supervisor to

determine appropriate next steps for additional screening related to sex

trafficking victims and/or referral to appropriate services, with incorporation of

any referrals and/or services into the case plan.

2) Report information on children or youth who have been identified as a sex

trafficking victim to local law enforcement immediately, and in no case later than

24 hours after receiving the information.

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3) Document in CHRIS contacts when local law enforcement is notified of a child

being identified as a sex trafficking victim.

E. Obtain the necessary signatures on the approved FAST or CANS, as applicable;

F. Attach the approved and signed FAST or CANS, as applicable, to the case plan.

G. Provide the caregivers and other parties to the case with a copy of the FAST and/or CANS

output document, as applicable.

H. Provide a copy of the FAST and/or CANS output document to anyone else involved in the

development of the FAST and/or CANS upon request, within the parameters of A.C.A. 9-

28-407 (see Policy I-F: Confidentiality for more information).

The FSW Supervisor will:

A. Conference with the FSW as necessary during the completion of the FAST or CANS.

1) Approve the FAST at a minimum within 30 days, every three (3) months thereafter,

and then prior to case closure but only once the appropriate family assessment

instrument has been sufficiently completed;

2) Approve the CANS at a minimum within 30 days of the child entering out-of-home

placement or within 30 days of case opening, whichever comes first, every three

months thereafter; and prior to case closure, but only once the appropriate family

assessment instrument has been sufficiently completed.

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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:

A. Review the:

1) Most current FAST or CANS, as appropriate, for the child and family;

2) Investigation allegation;

3) Findings from the allegation; and,

4) Reason for removal, if applicable.

B. Assign actionable items on the FAST or CANS into subgroupings as appropriate.

C. Complete an initial Case Plan in CHRIS within 30 days of opening a services case or a

child entering an out-of-home placement, whichever comes first. A case plan must be

completed on all cases—including supportive services and in-home services cases—and

will include the following:

1) A description of the out-of-home placement, if applicable, with regard to the health

and safety of the child;

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2) A plan for assuring a child receives safe and proper care;

3) A discussion of the appropriateness of the services that have been provided to the

child;

4) A plan for assuring services are provided to the child and caregiver to improve

conditions in the caregiver’s home and facilitate return of the child, if applicable, or

the permanent placement of the child;

5) A plan for assuring services are provided to the child and foster parents to address the

needs of the child while in out-of-home placement, if applicable;

6) The visitation rights and obligations of the parents, guardian or custodian and the

Division during the period the child is in an out-of-home placement, if applicable;

7) A description of the location of siblings. If siblings are separated, the reasons why joint

placement would be contrary to the safety or well-being of any of the siblings as well

as documentation of efforts for frequent visitation or other ongoing interaction,

unless the Division documents that frequent visitation or other ongoing interaction

would be contrary to the safety or well-being of any of the siblings;

8) A Transitional Plan for a child 14 or over that will help prepare the child for successful

transition to adulthood (see Policy VIII-A);

9) A discussion of how the case plan is designed to achieve a safe placement for the child

in the least restrictive (most family-like) setting available and in close proximity to the

home of the caregiver(s) when the case plan goal is reunification, and a discussion of

how the placement is consistent with the best interests and special needs of the child.

10) The reasons why it is in the best interest of the child if he or she has been placed in

an out-of-home placement, if applicable, that is a substantial distance from the home

of the caregiver or has been placed out-of-state.

11) A discussion of the safety and appropriateness of the placement and how the Division

plans to carry out the judicial determination made with respect to the child that:

a) Continuance in the home is contrary to the welfare of the child, or that placement

would be in the best interest of the child, and

b) Reasonable efforts to prevent a child’s removal from home or to reunify the child

and family are not required.

12) If the child has been placed in foster care in a state outside the state in which the

child’s caregiver(s) are located, assure that the caseworker of either state visits the

foster home or institution no less frequently than every six (6) months and submits a

report on the visit to the state agency of the state where the home of the child’s

parent(s) is located.

13) Assurance that each child who has attained the minimum age for school is a full-time

elementary or secondary school student or has completed secondary school. This

includes public schools, private schools, and home school programs. This should also

include the most recent information available regarding:

a) Names and addresses of the child’s health and educational providers

b) Child’s grade level performance

c) Child’s school record

d) Assurances the child’s placement in foster care, if applicable, takes into account

the proximity to the school in which the child is enrolled at the time of placement

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e) Any other relevant education information concerning the child determined to be

appropriate

14) The health records of the child including the most recent information available

regarding:

a) Record of the child’s immunizations

b) Child’s known medical problems

c) Regularly updated information regarding any medical conditions that cause the

child to be incapable of attending school (see Policy VI-D3)

d) Child’s medications

e) Any other relevant health information concerning the child determined to be

appropriate

15) Documentation of the steps taken to:

a) Find an adoptive family or other permanent living arrangement for the child;

b) Place the child with an adoptive family, a fit and willing relative, a legal guardian,

or in another planned permanent living arrangement; and,

c) Finalize the adoption or legal guardianship.

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.

D. Print the case plan.

E. Explain and discuss the case plan with the family to help ensure the family’s

understanding of case plan goals, actions, roles, responsibilities, and timeframes.

F. Have all applicable family members sign the completed case plan.

G. Provide the family and all parties to the case with copies of the signed case plan.

H. Place the signed case plan in the client record.

I. File the case plan with the court no later than 30 days after the date the petition was filed,

if applicable, or the child was first placed out-of-home, whichever is sooner.

J. Using information from the updated FAST or CANS, as applicable, review and update the

case plan as necessary during case plan staffings held at a minimum of every three months

for both in-home services cases and out-of-home placement cases.

Case Plan Packet for Court Involved Cases Includes:

A. Case Plan CHRIS Case Report

B. Completed FAST for in home cases or completed CANS for out-of-home cases

C. If child(ren) are in DHS Custody:

1) CFS-6008: Placement Plan CHRIS Case Report (if appropriate)

2) CFS-6018: Placement History CHRIS Case Report (if appropriate)

3) CFS-7010: Visits Report CHRIS Case Report (if appropriate)

4) CFS-6012: Client Medical and Psychological Information CHRIS Case Report (if

appropriate)

5) CFS-6010 Addendum A: Visitation Plan / Visitation Schedule CHRIS Net Template

(form for worker to type in info) (if appropriate)

6) Completed Comprehensive Health Assessment

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Case Plan Packet for Non-Court Involved Case Plans:

A. Case Plan CHRIS Case Report

B. Completed Family Advocacy and Support Tool (FAST)

C. Any case specific attachments (i.e. grades, provider information, etc.) as appropriate.

The FSW Supervisor will:

A. Conference with the FSW as necessary throughout the development of and adjustments

to the case plan.

B. Approve the case plan once it is sufficiently completed by the FSW within:

1) 30 days of opening the case (whether in-home services of out-of-home placement) or

a child’s entering an out-of-home placement;

2) Every three (3) months thereafter for in-home services and out-of-home placement

cases.

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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:

A. Developing the initial case plan;

B. Reviewing progress or making changes in the case plan to include reviewing progress or

making changes to the Transitional Plan for a child 14 or older in an out-of-home

placement;

C. Reviewing situations where a child has been in three or more out-of-home placements

within a 12-month period;

D. Addressing challenges that bring a child or family into a state of crisis;

E. Determining the need for ongoing services and/or supports; and,

F. Reviewing the need for case closure before a case is closed.

PROCEDURE IV-C1: Case Staffings

02/2015

The Family Service Worker will:

A. Invite supervisors, parents, or guardian, and if there is court involvement, Court-

Appointed Special Advocate (CASA, if applicable), all parties’ attorneys, foster parents,

caretaker, age-appropriate child, and any other involved party in the case plan.

B. Inform families of their right to have their attorney present.

C. Furnish written notice to the child, if of appropriate age (ten (10) years or older).

D. Furnish written notice of the staffing CFS-590: Invitation to Family-Centered Meeting

(complete with date, time and location to all participants at least two weeks prior to the

staffing.

E. File copies of the CFS-590: Invitation to Family-Centered Meeting in the case record.

Include documentation of the reason, if the child was not able to attend.

F. Document on the case plan any parent’s unwillingness to participate and provide this

written documentation to the parent if available.

G. Conduct the:

1) Initial staffing within 30 days of opening the case (whether in-home services of

out-of-home placement) or a child’s entering an out-of-home placement,

whichever comes first regarding out-of-home placement cases;

2) Subsequent staffings at least every three months for in-home services and out-of-

home placement cases.

H. Complete the original case plan by the initial staffing and update the case plan as needed

after subsequent staffings.

I. Review the case plan for compliance by the participants and update as necessary to

reflect progress made, new factual circumstances, and new goals.

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J. Conduct a permanency planning staffing at the 11th month of case opening. Invite the

adoption specialist and all other parties involved in the case.

K. Conduct a staffing before closing a case to review progress and determine that closure is

appropriate.

The FSW Supervisor will:

A. Conference with the FSW as necessary regarding case plan staffings.

B. Attend all case plan staffings if possible.

The Area Director will:

A. Hold a special case staffing within two weeks of the third move, whenever a child has

been in three (3) or more out-of-home placements within a 12-month period.

B. Address the reasons for the frequent moves.

C. Determine what steps shall be taken to prevent future placement disruptions.

D. Include the Family Service Worker, supervisor, foster parents, age-appropriate child, and

any appropriate service providers and/or life connections for the child.

E. Conduct a staffing to review the status of a child placed in long-term, out-of-home care.

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.

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V. SERVICES TO PRESERVE FAMILIES IN THEIR HOMES

POLICY V-A: SERVICES TO PRESERVE FAMILIES IN THEIR HOMES

01/2005

Services to preserve families and protect children encompass a comprehensive continuum of

services designed to address the life needs of the child and the family. These services include

concrete services such as: housing, transportation, cash assistance, rental deposit, food, and

direct therapeutic intervention both for the family, as a whole, and for individual family

members. The array of services to preserve families and protect children is either direct or

purchased services.

Services available to children and families are provided through title IV-B, sub-part II funding

under the Promoting Safe and Stable Families Programs. The child’s health and safety will be a

priority in the provision of services. The four categories of services under the Promoting Safe and

Stable Families Programs are Family Preservation Services, Family Support Services, Time Limited

Family Reunification Services and Adoption Promotion and Support Services.

Family Preservation Services means services to children and families designed to help families,

including adoptive and extended families, at risk or in crisis. Family Preservation Services include:

A. Service programs designed to help children, where appropriate, return to families from

which they have been removed; be placed for adoption; be placed with a legal guardian;

and if adoption or legal guardianship is determined not to be safe and appropriate for a

child, in some other planned, permanent living arrangement.

B. Pre-placement preventive services programs, such as intensive family preservation

programs, designed to help children at risk of foster care placement remain safely with

their families.

C. Service programs designed to provide follow-up care to families to whom a child has been

returned after a foster care placement.

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

including foster parents.

E. Services designed to improve parenting skills by reinforcing parents’ confidence in their

strengths, and helping them to identify where improvement is needed and to obtain

assistance in improving those skills with respect to matters such as child development,

family budgeting, coping with stress and health and nutrition.

Family Support Services are community-based services that promote the well-being of children

and families and are designed to:

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

families).

B. Increase parents’ confidence and competence in their parenting abilities.

C. Afford children a stable and supportive family environment, and otherwise to enhance

child development.

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Services include respite care, early developmental screening of children, mentoring, tutoring,

health education for youth, parenting skills, counseling, home visiting activities, and a range of

center-based activities.

Time-limited Reunification Services are services and activities that are provided to a child that is

removed from the child’s home and placed in a foster family home or a child care institution, and

to the parents or primary caregiver of such a child, in order to facilitate the reunification of the

child safely and appropriately within a timely fashion, but only during the 15-month period that

begins on the date the child enters foster care. Services include counseling, substance abuse

treatment services, mental health services, assistance to address domestic abuse, temporary

childcare, and transportation to services/activities.

Adoption Promotion and Support Services are services and activities designed to encourage more

adoptions out of the foster care system, when adoptions promote the best interest of children,

including such activities as pre- and post- adoptive services and activities designed to expedite

the adoption process and support adoptive families.

PROCEDURE V-A1: Services to Preserve Families in Their Homes

The Family Service Worker will:

A. Go to “Workload”, “Case” in CHRIS and complete the automated “Family Strengths and

Needs Assessment” found within the “Case Plan”, “Assessment”, section of CHRIS on the

“Family” and “Child” screens within 30 days from the “Open Date” established by the Case

Connection. This report will be printed from CHRIS and may be the result of several family

sessions.

B. Consider resources for the family within DCFS, other DHS Divisions, state agencies, and in

the community.

C. Make a referral to another Division or community resource, if appropriate.

D. Open a case in accordance to Procedure III-A1: Supportive/Protective Services Case

Opening and III-A2: Out-of-Home Placement Services Case Opening.

E. Hold staffings, as needed, in accordance with Procedure IV-C1: Case Staffings.

F. Arrange for other services as needed.

G. Deliver services as identified in the CFS-6010: Case Plan.

H. Address the educational needs, including any special needs identified during the

Strengths and Needs Assessment, of the children in the home, and attach copies of report

cards, etc., as required in the CFS-6010: Case Plan.

I. Conduct staffing to discuss closure.

J. Close non-court involved case when both the Family Service Worker and the family agree

that services are no longer needed or that the needs of the family will best be met by one

or more referrals to other service providers.

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POLICY V-B: FAMILY SERVICE WORKER CONTACTS

01/2005

The Division shall maintain a level of contact with the family adequate to protect the health and

safety of the child, to protect the child from further child maltreatment and to provide family

support. When a report of child maltreatment is true and it is determined that the child shall

remain in the home, the appropriate frequency for visits to the child and family shall be no less

than weekly in the home during the first month that the case is opened. If the case is open longer

than one (1) month, the Worker and his Supervisor may staff the case to determine if visits may

safely be held less frequently than weekly. Visits to the family in the home, with a face-to-face

visit with the child, will be held at least once a month. Less frequent contact shall be dictated by

the needs of the child and family and must have prior approval by the supervisor. The supervisor

must review the Health and Safety Assessment and Risk Assessment before granting a waiver

(see Procedure II-D8 and II-D9).

PROCEDURE V-B1: Family Service Worker Contacts

The Family Service Worker will:

A. Visit the child and family in the home to address their assessed needs. If there is a reason

why the visit did not occur in the home, document the reason in the case record. The

FSW is responsible for making weekly face-to-face contacts with the family during the first

month that the case is opened. Visits by other DCFS staff (e.g., SSA, Supervisor) will count

as a weekly visit after the case has been opened 30 days.

A face-to-face contact is defined as an in-person contact with the perpetrator, victim or

caretaker (parent, guardian or other person responsible) for the purpose of observation,

conversation or interviews about substantive case issues. Risk/needs assessment,

treatment planning, case planning and/or progress, are examples of substantive case

issues. A weekly or family visit is completed once contact is made with the victim child

and primary caretakers to assess the child’s health and safety and case plan progress.

B. If the case is opened longer than one (1) month, and the Supervisor has approved less

frequent visits than weekly, visit the family in the home, with a face-to-face visit with the

child as frequently as approved, but at least once a month. High-risk cases must continue

to have at least weekly face-to-face contact. Moderate or low risk cases must have at

least monthly face-to-face contact. Visits can occur in other locations, however, there

must be a once a month visit to the home. Visits by other DCFS staff will not count as

monthly visits.

C. Engage family members in meaningful activities as dictated by the case plan.

D. Document weekly visit contacts in the CHRIS client information screen by clicking on

services/contacts and selecting new for each new client contact. Include the proposed

visitation schedule in the case record documentation.

E. Weekly contacts must be maintained for cases with “High” and “Intensive” risk levels and

for families where the child’s or family’s situation raises protective concerns and where

weekly contact is necessary to monitor the family situation and assure child safety. In

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addition, the worker should maintain weekly visits if the child is experiencing a period of

crisis in the home, school, or community and contact with the worker can be of assistance

to the child in coping with the crisis.

The Family Service Worker Supervisor will:

A. Click on the Reviewed check box after reviewing the worker’s contact.

B. Click on the Weekly Contacts Waiver check box and key in the mandatory explanation

field to include documentation that the Health and Safety Assessment and Risk

Assessment has been reviewed in order for less than Weekly Contacts to be approved

(see Procedure II-D8 and II-D9). Under no circumstances can a waiver be granted for less

than weekly contacts based on staff shortages without other appropriate justification.

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POLICY V-C: FAMILY SUPPORT FUND

03/2024

The Division of Children and Family Services will ensure that staff has prompt access to the Family

Support Fund to prevent children from entering or remaining in foster care due to the parents’

financial inability to meet the children’s basic needs or to participate in case plan services.

Examples may include short-term assistance with utilities, gas cards, or purchases for the home

to help ensure the safety of children (such as a crib to ensure a safe sleep environment for an

infant). All requests will be assessed on a case-by-case basis. Requests to access the Family

Support Fund for families involved in child maltreatment investigations and any type of case

services will be made via the assigned Family Service Worker’s chain of command.

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POLICY V-E: CHILD INVOLVED IN A PROTECTIVE SERVICES CASE WHO IS MISSING

07/2024

Occasionally there are instances when a child or youth involved in an open protective services

case may runaway or otherwise go missing. In all instances of missing children who are part of an

open protective services case, the Division of Children and Family Services (DCFS) will collaborate

with the child’s family, law enforcement, and the National Center for Missing and Exploited

Children (NCMEC) in an effort to locate the child.

Child Who May Have Been Taken Without Authorization or the Family Has Absconded with the

Child(ren)

If the family or Division has reason to believe the child was taken from his/her

parents/caretakers, or both, without authorization by another individual, then upon notification,

the family’s FSW caseworker and FSW caseworker’s supervisor will ensure the following

individuals are notified of the child’s disappearance:

A. Area Director; and

B. Assistant Director of Field Operations, or designee.

The Assistant Director of Field Operations or designee will then notify the DCFS Director.

The FSW caseworker will also issue a Protective Services Alert if:

A. The family has left the county of origin and moved with their child(ren) to another county

or state;

B. The new address is unknown; and

C. The child’s health or physical well-being is deemed to be in immediate danger because

the family is involved in an open protective services case involving an identified safety

threat.

Child Who May Have Run Away

If the family, Division, or both have reason to believe the child independently left his/her home

of his or her own accord (for example, they run away), then upon notification, the family’s FSW

caseworker and FSW caseworker’s supervisor will ensure the Area Director is also notified of the

child’s disappearance. The FSW caseworker will then follow the steps outlined below.

PROCEDURE V-E1: When a Child is Reported Missing from a Family with an Open

Protective Services Case

07/2024

The following applies to situations in which the child has been taken from his or her parents,

caretakers, or both, without authorization and to situations in which the child has run away

independently from the home.

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After receiving notification of the child’s disappearance from the child’s family or by other means,

the FSW caseworker will:

A. Notify his or her supervisor and the child’s attorney ad litem (if applicable) within two (2)

hours.

1) This notification may occur via email, phone, or text.

B. Determine within two (2) hours whether the child’s parents or caretakers have filed a

missing person report with the local police department or sheriff’s office.

1) If the parents, caretakers, or both have filed a missing person report, obtain the

missing report number from the parents or caretakers.

2) If the parents or caretakers have not yet filed a missing person report, encourage

the parents or caretaker to file the report with the local police department or

sheriff’s department as soon as possible and obtain the missing person report

number from the parents or caretakers as soon as possible.

3) If the parents and caretakers refuse to file a missing person report within one (1)

business day, contact the local police department or sheriff’s department

immediately to file a missing person report and provide the following information

where reasonably possible:

a) Child’s name;

b) A description of the child’s physical features such as height, weight, sex,

ethnicity, race, hair color, and eye color;

c) A photo of the child;

i. Any published photo or other information published to help locate the

child shall not identify the child as being involved with DCFS.

d) Child’s date of birth;

e) Circumstances of the missing child’s disappearance, including the date the

child went missing or was last seen and if the child indicated a destination

(and, if so, what the destination is);

f) Any other factual, biographical, or historical information that may assist with

locating the missing child;

g) Endangerment information such as the child’s pregnancy status, prescription

medications, suicidal tendencies, vulnerability to being sex trafficked, and

other health or risk factors; and

h) A request for law enforcement to enter the information into the National

Crime Information Center (NCIC) database of the Federal Bureau of

Investigation.

i. If the local police department or sheriff’s department will not allow DCFS

to file a missing person report on behalf of the family, document the

attempt to file the missing person report in the Division’s information

management system.

C. Once a police report has been filed, contact the National Center for Missing and Exploited

Children (NCMEC) at 1-800-THE-LOST

(1-800-843-5678) no later than twenty-four (24)

hours after receiving information on missing or abducted children or youth to provide the

following information where reasonably possible to NCMEC per the Memorandum of

Understanding (MOU) between DCFS and NCMEC:

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1) Child’s name;

2) A description of the child’s physical features such as height, weight, sex,

ethnicity, race, hair color, and eye color

3) Photo of the child;

a) Any published photo or other information published to help locate the child

shall not identify the child as being involved with DCFS;

4) Child’s date of birth;

5) Name and contact information of the FSW caseworker and FSW supervisor;

6) Investigating Law Enforcement Agency Name, Contact Information, and Case

Number (i.e., Missing Person Report number);

7) Circumstances of the missing child’s disappearance, including the date the child

went missing or was last seen;

8) Any other factual, biographical, or historical information that may assist with

locating the missing Child; and

9) Endangerment information such as the child’s pregnancy status, prescription

medications, suicidal tendencies, vulnerability to being sex trafficked, and other

health or risk factors.

D. Upon NCMEC’s request, release to NCMEC any additional requested information or records

in its possession that are relevant to locating the missing child.

E. Maintain regular communication with law enforcement agencies and NCMEC in efforts to

provide a safe recovery of a missing or abducted child, including by sharing information

pertaining to the child’s recovery and circumstances related to the recovery.

F. Update contacts in the Division’s information management system regarding the missing

child and efforts to locate the missing child.

G. If the child:

1) Is not found and there are other children in the home:

a) Continue to provide services to the family and other children as

appropriate;

b) Continue to call previously contacted parties and inquire for information

and furnish further information that becomes available through case

closure; and

c) If appropriate, extend the search to other counties and states.

2) Is not found within sixty (60) calendar days and is the only child in the home:

a) Update the family’s assessment to determine if additional services (such

as counseling) may be appropriate for the parents or caretakers; and

b) Close the case if the family does not need further services.

After notification of the child’s disappearance by the family or by other means, the FSW

supervisor will:

A. Notify the Area Director and Assistant Director of Field Operations or designee of the

child’s disappearance; and

B. Conference with the FSW as needed.

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PROCEDURE V-E2: When a Child Involved in a Protective Services Case Who has

been Missing is Located

07/2017

When a child involved in an open protective service case who has been missing is located, the

FSW caseworker will:

A. Encourage the parents to have the child examined by his/her primary care physician, if

possible, within 72 hours of locating the child or immediately in the case of a medical

emergency.

B. Notify immediately (but no later than 24 hours after the child has been located) all

parties and individuals previously notified of the child’s disappearance that the child has

been located to include, but not limited to:

1) FSW Supervisor

2) Area Director

3) Local OCC attorney

4) Child’s attorney ad litem, if applicable

5) Law enforcement

6) NCMEC

a) This notification may occur via email, phone, or text as appropriate.

C. If the case:

1) Was not closed during the child’s absence from the home:

a) Conduct a visit with the child and the child’s family within three business days

after the child has been located to determine what immediate needs the child

and/or family may have and what immediate steps may need to be taken to

better support the child and his/her family.

b) Update CHRIS contacts to note the child has been located and when the FSW

caseworker met with the child and his/her family.

c) Determine the primary factors that contributed to the child’s running away

or otherwise being absent from his/her home to include:

i. Updating the family’s FAST assessment within 30 days of locating the

child; and,

ii. Determining if the child is a sex trafficking victim or at risk of being a

sex trafficking victim based on responses to the updated FAST and

any other information gathered.

(1) If there is reason to believe the child is a victim of sex trafficking:

(a) Document accordingly in CHRIS and conference with the

FSW supervisor to determine appropriate next steps for

additional screening related to sex trafficking victims

and/or referral to appropriate services.

(b) Report information on children or youth who have been

identified as a sex trafficking victim to local law

enforcement immediately, and in no case later than 24

hours after receiving the information.

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is notified of a child being identified as a sex trafficking

victim.

2) Was closed because the child was the only child involved in the case and absent

from the home for more than 60 days and the family did not require further

services:

a) Reopen the case if the child is still under 18 years of age.

b) Determine the primary factors that contributed to the child’s running away

or otherwise being absent from his/her home to include:

i. Updating the family’s FAST assessment within 30 days of reopening

the case; and,

ii. Determining if the child is a sex trafficking victim or at risk of being a

sex trafficking victim based on responses to the updated FAST and

any other information gathered.

(1) If there is reason to believe the child is a victim of sex

trafficking:

(a) Document accordingly in CHRIS and conference with the

FSW supervisor to determine appropriate next steps for

additional screening related to sex trafficking victims

and/or referral to appropriate services.

(b) Report information on children or youth who have been

identified as a sex trafficking victim to local law

enforcement immediately, and in no case later than 24

hours after receiving the information.

is notified of a child being identified as sex trafficking

victim.

The FSW supervisor(s) will:

A. Conference with the FSW(s) as needed.

B. Notify the Assistant Director of Community Services or designee.

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VI. SERVICES TO REUNIFY FAMILIES

POLICY VI-A: OUT-OF-HOME PLACEMENT CRITERIA

01/2020

The state of Arkansas is not a voluntary placement state. The removal of a child from his or her

home must occur pursuant to a judicial order placing custody of the child with the Department.

After the Department removes the child or the court grants custody of the child to the

Department, the child shall be placed in a licensed or approved foster home, shelter, or facility,

or an exempt child welfare agency as defined at A.C.A. § 9-28-402.

When a child is in the custody of the Department of Human Services, DCFS shall ensure that the

out-of-home placement is in the best interest of the child, is the least restrictive possible, is

matched to the child’s physical and therapeutic needs (e.g., caretakers have the skills and training

sufficient to meet the child’s individual needs), and is close in proximity to the child’s parents and

the child’s school. All efforts to place a child within Arkansas shall be thoroughly explored and

documented before consideration is given to out-of-state placement.

If the biological parent expresses a preference for placing a child in a home of the same or similar

religious background to the biological parents, the Division will place the child with a family that

meets the genetic parent’s religious background. If a family with the same or similar religious

background is not available, the Division will place the child with a family of a different religious

background but that is knowledgeable and appreciative of the child’s religious background.

When it is in the best interest of each of the children, the Department shall attempt to place

siblings together while in out-of-home placements. Siblings include those individuals who would

be considered a sibling under state/tribal law if it were not for the disruption in parental rights,

such as a termination of parental rights or death of a parent. When it is in the best interest of

each of the children, the Department shall attempt to place together infants with minor mothers

who are in foster care.

The state shall check all appropriate child abuse and neglect registries for information on any

prospective foster or adoptive parent and any household member age 14 and up living in the

home before the prospective parent may be finally approved for placement of that child. This will

be done regardless of whether foster care maintenance payments or adoption assistance

payments are to be made on behalf of the child. The state shall also request any other state in

which a prospective parent or any household member age 14 and up has resided in the preceding

five years to check any child abuse and neglect registry it maintains for such information. The

state will comply with any request received from another state to check its own child abuse and

neglect registry.

In addition, a child in the custody of the Department shall not be placed in an approved home

of any foster or adoptive parent unless all household members 18 and one-half years of age

and older, excluding children in foster care, have had an Arkansas State Police Criminal Record

Check.

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A child in the custody of the Department shall also not be placed in an approved home of any

foster or adoptive parent unless all household members 18 and one-half years of age and older,

excluding children in foster care, have a fingerprint-based FBI Criminal Background Check.

No child shall be placed in the home of a foster parent where a records check reveals a felony

conviction for child abuse or neglect, for spousal abuse or domestic battery, for a crime against

children (including child pornography), or a crime involving violence, including rape, sexual

assault or homicide. No child shall be placed in the home of a foster parent if the record check

reveals a criminal conviction for physical assault, battery, or a drug related offense, if the offense

was committed within the past five (5) years. The placement decision shall be based on an

individual assessment of the child’s needs.

In all custodial placements by DCFS, preferential consideration will be given to an adult relative

over a nonrelated caregiver if the relative caregiver meets all relevant child protection standards

and it is in the best interest of the child to be placed with the relative caregiver. All potential out-

of-state relative placements will be given the same opportunity as in-state relative placements

to choose to become foster homes.

In order to assist in placing the child with an appropriate relative, the court will order the

parent(s) to provide the necessary information to the Department to locate appropriate relatives:

A. The names, addresses, and phone numbers of any relatives who may be placement

resources for the child;

B. The names, addresses, and phone numbers and other identifying information on any

putative father(s) of the child;

C. Any information regarding possible membership or descent from an Indian tribe;

D. Information necessary to determine financial eligibility for services or foster care.

If the relative meets all relevant child protection standards and it is in the child’s best interest to

be placed with the relative caregiver, the FSW shall discuss with the relative the following two

options for placement of the child in the relative’s home:

A. The relative becoming a DCFS provisional foster home prior to becoming a regular DCFS

foster home (if the relative opts to have his or her home opened as a provisional foster

home, the relative shall not be paid a board payment until the relative is opened as a

regular foster home); or,

B. The relative obtaining legal custody of the child.

For more information on these placement options, refer to Policy VI-B: Consideration of Relatives

and Fictive Kin for Children in Foster Care.

Fictive kin to the child may be an appropriate placement option for a child provided the individual

meets all relevant child protection standards and it is in the child’s best interest to be placed with

fictive kin. Fictive kin are defined as 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. If appropriate fictive kin are identified as a placement

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option for a child, the FSW shall discuss with the fictive kin the following two (2) options for

placement of the child in the fictive kin’s home:

A. The fictive kin becoming a DCFS provisional foster home prior to becoming a regular DCFS

foster home (if the fictive kin opts to have his or her home opened as a provisional foster

home, the fictive kin shall not be paid a board payment until the fictive kin is opened as a

regular foster home); or,

B. The fictive kin obtaining legal custody of the child.

The child shall remain in a licensed or approved foster home, shelter, or facility, or an exempt

child welfare agency as defined at A.C.A. § 9-28-402(12), until:

A. The relative or fictive kin’s home is opened as a provisional foster home or regular foster

home; or,

B. The court grants custody of the child to the relative or fictive kin after a written approved

home study is presented to the court.

Placement or custody of a child in the home of a relative or other person shall not relieve the

Department of its responsibility to actively implement the goal of the case.

The court may order a child to remain in a placement if the court finds the placement is in the

best interest of the child (with the exception that the court shall not order a child to remain in a

placement in a foster home that has been closed or suspended by a child placement agency) after

hearing evidence from all parties. The court shall not specify a particular provider for placement

or family services, when DHS is the payer or provider; however, the court may order a child to be

placed into a licensed approved placement (i.e., no child shall be placed in a foster home that has

been closed or suspended by a child placement agency) after a hearing where the court makes a

finding that it is in the best interest of the child based on bona fide consideration of evidence and

recommendations from all the parties.

If the court orders a child to be placed into a licensed approved placement as outlined above, a

IV-E eligible child may still remain IV-E claimable. However, if the court orders a child into a

specific placement and it is determined that the court did not make a finding based on bona fide

consideration of evidence and recommendations from all parties a IV-E eligible child’s IV-E

claimability may be affected.