9 CAR pt. 30 | 9 CAR Part 30 — Minimum Licensing Standards for Child Welfare Agencies — Placement

Chapter III

Subchapter A

Subpart 1

9 CAR § 30-101 Definitions {#sec-9-car-30-101 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-101}

9 CAR § 30-101. Definitions.

As used in this part:

(1) “Adoption agency” means a child placement agency that places, plans for, or assists in the placement of an unrelated minor in a household of one (1) or more persons that has been approved to accept a child for adoption;

(2) “Adoptive home” means a household of one (1) or more persons that has been approved by a licensed child placement agency to accept a child for adoption;

(3) “Adverse action” means any petition by the Department of Human Services before the Child Welfare Agency Review Board to take any of the following actions against a licensee or applicant for a license:

(A) Revocation of license;

(B) Suspension of license;

(D) Imposition of a civil penalty;

(E) Denial of application; or

(F) Reduction of licensed capacity;

(4) “Alternative compliance” means approval from the Child Welfare Agency Review Board to allow a licensee to deviate from the letter of a rule provided that the licensee has demonstrated how an alternate plan of compliance will meet or exceed the intent of the rule;

(5) “Board” means the Child Welfare Agency Review Board;

(6) “Boarding school” means an institution that:

(A) Is operated solely for educational purposes; and

(B) Meets each of the following criteria:

(i) The institution is in operation for a period of time not to exceed the minimum number of weeks of classroom instruction required of schools accredited by the Department of Education;

(ii) The children in residence must customarily return to their family homes or legal guardians during school breaks and must not be in residence year-round, except that this provision does not apply to students from foreign countries; and

(iii) The parents of children placed in the institution retain custody, planning, and financial responsibility for the children;

(7) “Child” means a person who is:

(A) From birth to eighteen (18) years of age; or

(B) Adjudicated dependent-neglected, dependent, or a member of a family in need of services before eighteen (18) years of age and for whom the juvenile division of a circuit court retains jurisdiction under the Arkansas Juvenile Code of 1989, Arkansas Code § 9-27-301 et seq.;

(8) “Child placement agency” means a child welfare agency, excluding any person licensed to practice medicine or law in the State of Arkansas who engages in any of the following activities:

(A) Places a child in a foster home, adoptive home, or any type of facility licensed or exempted by this part;

(B) Plans for the placement of a child into a foster home, adoptive home, or any type of facility licensed or exempted by this part;

(C) Assists the placement of a child in a foster home, adoptive home, or any type of facility licensed or exempted by this part; or

(D) Places, plans, or assists in the placement of a child victim of human trafficking in a home or any type of shelter or facility;

(9) “Child welfare agency” means any person, corporation, partnership, voluntary association, or other entity or identifiable group of entities having a coordinated ownership of controlling interest, whether established for profit or otherwise, that engages in any of the following activities:

(A) Receives a total number of six (6) or more unrelated minors for care on a twenty-four-hour basis for the purpose of ensuring the minors receive care, training, education, custody, or supervision, whether or not there are six (6) or more children cared for at any single physical location;

(B) Places any unrelated minor for care on a twenty-four-hour basis with persons other than themselves;

(C) Plans for or assists in the placements of a child into a foster home, adoptive home, or any type of facility licensed or exempted by this part; or

(D) Places, plans, or assists in the placement of a child victim of human trafficking in a home or any type of shelter or facility;

(10) “Church-related exemption” means:

(A) Any church or group of churches exempt from the state income tax levied by the Income Tax Act of 1929, Arkansas Code § 26-51-101 et seq., when operating a child welfare agency, shall be exempt from obtaining a license to operate the facility by the receipt by the Child Welfare Agency Review Board of written request therefor, together with the written verifications;

(B) A written request shall be made to the Child Welfare Agency Review Board by those churches desiring exemption, which is mandated under the authority of this part to license all child welfare agencies;

(C) In order to maintain an exempt status, the child welfare agency shall state every two (2) years in written form, signed by the persons in charge, that the agency:

(i) Has met the fire, safety, and health inspections; and

(ii) Is in substantial compliance with published standards that similar nonexempt child welfare agencies are required to meet; and

(D) Visits to review and advise exempt agencies shall be made as deemed necessary by the Child Welfare Agency Review Board to verify and maintain substantial compliance with all published standards for nonexempt agencies;

(11) “Emergency child care” means any residential childcare facility that provides care to children on a time-limited basis, not to exceed ninety (90) days;

(12) “Emergency family style care” means any child welfare agency that provides twenty-four-hour custodial care in a homelike setting for six (6) or more unrelated children or a child victim of human trafficking on an emergency basis, not to exceed ninety (90) days;

(13)(A) “Emergency residential childcare facility” means any child welfare agency that provides twenty-four-hour custodial care for six (6) or more unrelated children or a child victim of human trafficking on an emergency basis, not to exceed ninety (90) days.

(B) Any child admitted as an emergency placement shall be:

(i) Designated as such; and

(ii) Discharged within ninety (90) days;

(14)(A) “Exempt child welfare agency” means any person, corporation, partnership, voluntary association, or other entity, whether established for profit or otherwise, that otherwise fits the definition of a child welfare agency but is specifically exempt from the requirement of obtaining a license under this part.

(B) Those agencies specifically exempt from the license requirement are:

(i) A facility or program owned or operated by an agency of the United States Government;

(ii)(a) Any agency of the State of Arkansas that is statutorily authorized to administer or supervise child welfare activities.

(b) In order to maintain exempt status, the state child welfare agency shall provide a written document every two (2) years, signed by the persons in charge, stating that their agency is in substantial compliance with published state agency child welfare standards.

(c) Visits to review and advise exempt state agencies shall be made as deemed necessary by the Child Welfare Agency Review Board to verify and maintain substantial compliance with the standards;

(iii) A facility or program owned or operated by or under contract with the Department of Corrections;

(iv) A hospital providing acute care licensed pursuant to Arkansas Code § 20-9-201 et seq.;

(v) Any facility governed by the Department of Human Services State Institutional System Board or its successor;

(vi) Human development centers regulated by the Board of Developmental Disabilities Services pursuant to the Arkansas Intellectual and Developmental Disabilities Act, Arkansas Code § 20-48-201 et seq.;

(vii) Any facility licensed as a family home pursuant to the Location Act for Community Homes for Individuals with Intellectual and Developmental Disabilities, Arkansas Code § 20-48-601 et seq.;

(viii) Any boarding school, as defined in this section;

(ix) Any temporary camp, as defined in this section;

(x)(a) Any:

(1) State-operated facility to house juvenile delinquents; or

(2) Serious offender program facility operated by a state designee to house juvenile delinquents.

(b) Those facilities shall be subject to program requirements modeled on nationally recognized correctional facility standards that shall be developed, administered, and monitored by the Division of Youth Services of the Department of Human Services;

(xi) Any child welfare agency operated solely by a religious organization that elects to be exempt from licensing and that complies within the conditions of the exemption for church-operated agencies, as set forth in this part;

(xii) The Division of Developmental Disabilities Services of the Department of Human Services; and

(xiii) Any developmental disabilities services waiver provider licensed under Arkansas Code § 20-48-208 or the Location Act for Community Homes for Individuals with Intellectual and Developmental Disabilities;

(15) “Foster care placement agency” means a child placement agency that places, plans for, or assists in the placement of:

(A) An unrelated minor in a private residence of one (1) or more family members for care and supervision on a twenty-four-hour basis; or

(B) A child victim of human trafficking in a home;

(16)(A) “Foster home” means a private residence of one (1) or more family members that receives any child who is unattended by a parent or guardian from a child placement agency in order to provide care, training, education, or supervision on a twenty-four-hour basis, not to include adoptive homes.

(B) "Foster home" does not include a home suspended or closed by a child placement agency;

(17) “Independent living” means a child welfare agency that provides specialized services in adult living preparation in an experiential homelike setting for persons sixteen (16) years of age or older;

(18) “Independent living family style care” means a child welfare agency that provides specialized services in adult living preparation in an experiential homelike setting for persons sixteen (16) years of age or older;

(19) “Minimum standards” means those rules as established by the Child Welfare Agency Review Board that set forth the minimum acceptable level of practice for the care of children by a child welfare agency;

(20)(A) “Placement residential” means a child placement agency that places, plans for, or assists in the placement of:

(i) An unrelated minor into a residential childcare facility; or

(ii) A child victim of human trafficking in any type of shelter or facility.

(B) The agency may be licensed for any or all types of licenses, depending on the types of services it provides;

(21) “Provisional foster home” means a foster home opened for no more than six (6) months by the Division of Children and Family Services of the Department of Human Services on a relative or fictive kin of a child in the custody of the Division of Children and Family Services of the Department of Human Services after it:

(A) Conducts a health and safety check, including a:

(i) Child Maltreatment Central Registry check;

(ii) Criminal background check; or

(iii) Check with local law enforcement of the relative’s home; and

(B) Performs a visual inspection of the home of the relative to verify that the relative and the home will meet the standards for opening a regular foster home;

(22)(A) “Probationary” means a type of license issued to an agency that has not maintained compliance with minimum licensing standards, but the Child Welfare Agency Review Board believes that compliance can be restored and subsequently maintained.

(B) This license may be issued for up to one (1) year, at the discretion of the Child Welfare Agency Review Board;

(23) “Psychiatric residential treatment facility” means a residential childcare facility in a nonhospital setting that provides a structured, systematic, and therapeutic program of treatment under the supervision of a psychiatrist for children who are emotionally disturbed and in need of daily nursing services, psychiatrist’s supervision, and residential care, but who are not in an acute phase of illness requiring the services of an inpatient psychiatric hospital;

(24) “Relative” means a person within the fifth degree of kinship by virtue of blood or adoption;

(25) “Religious organization” means a church, synagogue, mosque, or association of same whose purpose is to support and serve the propagation of truly held religious beliefs;

(26) “Residential childcare facility” means any child welfare agency that:

(A) Provides care, training, education, custody, or supervision on a twenty-four-hour basis for six (6) or more unrelated children, excluding foster homes that have six (6) or more children who are all related to each other but who are not related to the foster parents; or

(B) Receives a child victim of human trafficking in any type of shelter or facility;

(27) “Residential family style care” means any child welfare agency that:

(A) Provides care, training, education, custody, or supervision in a homelike setting on a twenty-four-hour basis for six (6) or more unrelated minors; or

(B) Receives a child victim of human trafficking in any type of shelter or facility;

(28)(A) “Sexual rehabilitative program” means a treatment program that offers a specific and specialized therapeutic program for children with sexually maladaptive behaviors.

(B) A licensed sexual rehabilitative program may be in a:

(i) Residential childcare facility;

(ii) Therapeutic foster care home; or

(iii) Psychiatric residential treatment facility;

(29) “Special consideration” means approval from the Child Welfare Agency Review Board to allow a licensee to deviate from the letter of a rule if the licensee has demonstrated that the deviation:

(A) Is in the best interest of the children; and

(B) Does not pose a risk to persons served by the licensee;

(30)(A) “Substantial compliance” means compliance with all essential standards necessary to protect the health, safety, and welfare of the children in the care of the child welfare agency.

(B) Essential standards include, without limitation, those relating to issues involving:

(i) Fire;

(ii) Health;

(iii) Safety;

(iv) Nutrition;

(v) Discipline;

(vi) Staff-to-child ratio; and

(vii) Space;

(31) “Temporary camp” means any facility or program providing twenty-four-hour care or supervision to children that meets the following criteria:

(A) The facility or program is operated for recreational, educational, or religious purposes only;

(B) No child attends the program more than forty (40) days in a calendar year; and

(C) The parents of children placed in the program retain custody, planning, and financial responsibility for the children during placement;

(32)(A) “Therapeutic foster care” means any child placement agency that places, plans for, or assists in the placement of an unrelated minor or a child victim of human trafficking in a therapeutic foster home.

(B) Therapeutic foster care is intensive therapeutic care for children provided in specially trained family homes supported by licensed mental health professionals, as recognized by the Arkansas Medicaid Program.

(C) A therapeutic foster care program is a family-based services delivery approach providing individualized treatment for:

(i) Children;

(ii) Youth; and

(iii) Their families.

(D) Treatment is delivered through an integrated set of services with key interventions and supports provided by therapeutic foster parents who are trained, supervised, and supported by qualified program staff.

(E) Therapeutic foster care services shall be provided:

(i) In a separately identified program of a larger agency; or

(ii) By an independent agency;

(33)(A) “Therapeutic foster care — Sexual rehabilitative program” means a treatment program that offers a specific and specialized therapeutic program for children with sexually maladaptive behaviors.

(B) A licensed sexual rehabilitative program may be in a:

(i) Residential childcare facility;

(ii) Therapeutic foster care home; or

(iii) Psychiatric residential treatment facility;

(34) “Transitional living” means any child welfare agency that provides specialized services in adult living preparation in a structured setting for persons eighteen (18) years of age or older who have been admitted into the agency’s residential program prior to eighteen (18) years of age; and

(35) “Unrelated minor” means a child who is not:

(A) Related by blood, marriage, or adoption to the owner or operator of the child welfare agency; and

(B) A ward of the owner or operator of the child welfare agency pursuant to a guardianship order issued by a court of competent jurisdiction.

9 CAR § 30-102 Child Welfare Agency Review Board {#sec-9-car-30-102 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-102}

9 CAR § 30-102. Child Welfare Agency Review Board.

(a) The Child Welfare Agency Review Board (“board”) shall promulgate and publish rules setting minimum standards governing the granting, revocation, refusal, conversion, and suspension of licenses for:

(1) A child welfare agency; and

(2) The operation of a child welfare agency.

(b) The board may consult with such other agencies, organizations, or individuals as it deems proper.

(c)(1) The board shall take any action necessary to prohibit any person, partnership, group, corporation, organization, or association not licensed or exempted from licensure pursuant to this part from advertising, placing, planning for, or assisting in the placement of any unrelated minor for purposes of adoption or for care in a foster home.

(2) The prohibition against advertising shall not apply to persons who are seeking to add to their own family by adoption.

(d) The board may amend the rules promulgated pursuant to this section from time to time in accordance with the rule promulgation procedures in the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.

(e) The board shall promulgate rules that:

(1) Promote the health, safety, and welfare of children in the care of a child welfare agency;

(2) Promote safe and healthy physical facilities;

(3) Ensure adequate supervision of the children by capable, qualified, and healthy individuals;

(4) Ensure appropriate educational programs and activities for children in the care of a child welfare agency;

(5) Ensure adequate and healthy food service;

(6) Include procedures for the receipt, recordation, and disposition of complaints regarding allegations of violations of:

(A) This part;

(B) The rules promulgated under the Child Welfare Agency Licensing Act, Arkansas Code § 9-28-401 et seq.; or

(7) Include procedures for the assessment of child and family needs and for the delivery of services designed to enable each child to grow and develop in a permanent family setting;

(8) Ensure that criminal record checks and Child Maltreatment Central Registry checks are completed on owners, operators, employees, volunteers, foster parents, adoptive parents, and other persons in the homes as set forth in this part;

(9) Require the compilation of reports and making those reports available to the division when the board determines it is necessary for compliance determination or data compilation;

(10) Ensure that a child placement agency:

(A) Treats clients seeking or receiving services in a professional manner, as defined by rules promulgated pursuant to the Child Welfare Agency Licensing Act; and

(B) Provides clients seeking or receiving services from a child placement agency that provides adoption services with the phone number and address of the Child Welfare Agency Licensing Unit of the Department of Human Services where complaints can be lodged;

(11) Require that all child placement agencies that provide adoption services fully apprise in writing all clients involved in the process of adopting a child of the agency’s adoption program or services, including all possible costs associated with the adoption program; and

(12) Establish rules governing retention of licensing records maintained by the division.

(f) A licensed child placement agency may adopt and apply internal operating procedures that meet or exceed the minimum standards required by the board.

(g) The Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq., shall apply to all proceedings brought to the board under this part, except that the following provisions shall control during adverse action hearings to the extent that they conflict with the Arkansas Administrative Procedure Act:

(1) All parties to an adverse action shall be entitled to engage in and use formal discovery as provided for in Rules 26, 28, 29, 30, 31, 32, 33, 34, and 36 of the Arkansas Rules of Civil Procedure including:

(A) Requests for admission;

(B) Request for production of documents and things;

(D) Oral and written depositions; and

(2) All evidentiary rulings in an adverse action hearing shall be governed by the Arkansas Rules of Evidence with respect to the following types of evidence:

(A) The requirements of personal knowledge of a witness as required by Rule 602;

(B) The admissibility of character evidence as set forth by Rules 608 and 609;

(D) The admissibility of hearsay evidence as set forth by Rules 801 – 806.

9 CAR § 30-103 Child placement agencies requiring licensure {#sec-9-car-30-103 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-103}

9 CAR § 30-103. Child placement agencies requiring licensure.

(a) Any person, organization, corporation, partnership, voluntary association, or other entity that places, plans for, or assists in the placement of any unrelated minor for care in a foster home, adoptive home, or residential facility, or a child victim of human trafficking in a home or any type of shelter or facility, that is not otherwise exempt by the Child Welfare Agency Licensing Act, Arkansas Code § 9-28-401 et seq., requires a license.

(b)(1) The Child Welfare Agency Review Board (“board”) shall take any action necessary to prohibit any person, partnership, group, corporation, organization, or association not licensed or exempted from licensure from advertising, placing, planning for, or assisting in the placement of any unrelated minor for the purposes of adoption or for care in a foster home.

(2) The prohibition against advertising shall not apply to persons who are seeking to add to their own family by adoption.

(c)(1) The board may impose a civil penalty upon any person, partnership, group, corporation, organization, or association not licensed or exempt from licensure as a child welfare agency in the State of Arkansas that advertises, places, plans for, or assists in the placement of any unrelated minor for purposes of adoption or for care in a foster home.

(2) The prohibition against advertising does not apply to persons who are seeking to add to their own family by adoption.

9 CAR § 30-104 Placement types of licenses {#sec-9-car-30-104 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-104}

9 CAR § 30-104. Placement types of licenses.

(a) Foster care. A child placement agency that places, plans for, or assists in the placement of an unrelated minor or a child victim of human trafficking in a home or in a private residence of one (1) or more family members for care and supervision on a twenty-four-hour basis.

(b) Therapeutic foster care.

(1)(A) A child placement agency that places, plans for, or assists in the placement of an unrelated minor in a therapeutic foster home.

(B) Therapeutic foster care is intensive therapeutic care for children that is provided in specially trained family homes and supported by licensed mental health professionals, as recognized by the Arkansas Medicaid Program.

(C) A therapeutic foster care program is a family-based services delivery approach providing individualized treatment for:

(i) Children;

(ii) Youth; and

(iii) Their families.

(2) Therapeutic foster care services shall be provided:

(A) In a separately identified program of a larger agency; or

(B) By an independent agency.

(1) A treatment program that offers a specific and specialized therapeutic program for children with sexually maladaptive behaviors.

(2) A licensed sexual rehabilitative program may be in a:

(A) Residential childcare facility;

(B) Therapeutic foster care home; or

(d) Adoption. A child placement agency that places, plans for, or assists in the placement of an unrelated minor in a household of one (1) or more persons who are approved to accept a child for adoption.

(e) Placement residential.

(1) A child placement agency that places, plans for, or assists in the placement of an unrelated minor into a residential childcare facility or a child victim of human trafficking in any type of shelter or facility.

(2) The agency may be licensed for any or all types of licenses, depending on the types of services it provides.

9 CAR § 30-105 License status {#sec-9-car-30-105 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-105}

9 CAR § 30-105. License status.

(a) The Child Welfare Agency Review Board shall issue all licenses to child placement agencies upon a majority vote of members present during each properly called board meeting at which a quorum is present.

(b) The board shall have the power to:

(1) Deny an application to operate a child welfare agency; or

(2) Revoke or suspend a previously issued license to operate a child welfare agency.

(d) Any revocation of a license, suspension of a license, or denial of application for a license shall be effective when made.

(e) Provisional.

(1) Issued to a newly licensed agency for a one-year period, to give the agency time to demonstrate substantial compliance with minimum licensing standards.

(2) At the discretion of the board, a provisional license may be issued for up to an additional year.

(f) Probationary.

(1) Issued to an agency that has not maintained compliance with minimum licensing standards, but the board believes that compliance can be restored and subsequently maintained.

(2) This license may be issued for up to one (1) year at the discretion of the board.

(g) Regular.

(1) Issued either to:

(A) A previously licensed agency that continues to meet all minimum licensing standards; or

(B) An agency that meets all essential standards and has a favorable compliance history that predicts full compliance with all standards within a reasonable time.

(2) A regular license shall remain open and effective until closed at the request of the agency or board action.

(h) Suspended.

(1) Board action taken when an agency has failed to maintain compliance with minimum licensing standards, but the violations do not warrant revocation.

(2) A license may not be suspended for longer than one (1) year at a time.

(3) The board may issue a probationary or regular license when compliance is restored.

(i) Closed. Action taken when the agency requests that the license be closed.

(j) Termination. The board shall terminate the license of a licensee that has not been in operation for a consecutive twelve-month period.

(k) Revoked.

(1) Board action taken when an agency has failed to maintain compliance with minimum licensing standards.

(2) The agency may not apply for a new license for at least one (1) year from the date of revocation.

9 CAR § 30-106 Status change {#sec-9-car-30-106 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-106}

9 CAR § 30-106. Status change.

(a) After a Child Welfare Agency Review Board action, an amended license shall be issued any time there is:

(1) A change in the agency’s program that affects the license type, status, or capacity, or ages of children served;

(2) A name change; or

(3) An address change.

(b) A license to operate a child placement agency shall apply only to the address and location stated on the application and license issued, and it shall be transferable from one (1) holder of the license to another or from one (1) place to another.

(c) Whenever ownership of a controlling interest in the operation of a child placement agency is sold, the following procedures shall be followed:

(1) The seller shall notify the division of the sale at least thirty (30) days prior to the completed sale;

(2) The seller shall remain responsible for the operation of the agency until such time as the agency is closed or a license is issued to the buyer;

(3) The seller shall remain liable for all penalties assessed against the agency that are imposed for violations or deficiencies occurring before the transfer of a license to the buyer;

(4) The buyer shall be subject to any corrective action notices to which the seller was subject; and

(5) The provisions of subsection (a) of this section, including those provisions regarding obtaining licenses or permits from the Office of Long-Term Care of the Division of Provider Services and Quality Assurance and regarding obtaining any permits from the Health Services Permit Agency or the Health Services Permit Commission, shall apply in their entirety to the new owner of the child welfare agency.

(d) The child placement agency shall inform current and potential clients if:

(1) Its license has been suspended or revoked; or

(2) It has voluntarily surrendered its license.

9 CAR § 30-107 How to apply the standards {#sec-9-car-30-107 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-107}

9 CAR § 30-107. How to apply the standards.

(a)(1) 9 CAR § 30-201 et seq. of this part applies to all agencies.

(2) Subsequent sections apply to specific types of child placement agencies.

(3) Agencies shall meet the license requirements for each license type held.

(b) Special consideration.

(1) The Child Welfare Agency Review Board may approve an agency’s request for special consideration to allow a licensee to deviate from the letter of a rule if the licensee has demonstrated that the deviation:

(A) Is in the best interest of the children; and

(B) Does not pose a risk to persons served by the licensee.

(2) If the board grants a request for special consideration:

(A) The child welfare agency’s practice as described in the request shall be the compliance terms under which the child welfare agency will be held responsible; and

(B) Violations of those terms shall constitute a rule violation.

(3) The board has authorized the managers and supervisors of the Child Welfare Agency Licensing Unit to make temporary rulings regarding special consideration requests when the best interest of a child requires an immediate decision, subject to final approval at the next regularly scheduled meeting of the board.

(1) The board may grant an agency’s request for alternative compliance upon a finding that the agency does not meet the letter of a rule promulgated under the Child Welfare Agency Licensing Act, Arkansas Code § 9-28-401 et seq., but that the agency meets or exceeds the intent of that rule through alternative means.

(2) If the board grants a request for alternative compliance:

(A) The agency’s practice as described in the request for alternative compliance shall be the compliance terms under which the agency will be held responsible; and

(B) Violations of those terms shall constitute a rule violation.

(3) The board has authorized the managers and supervisors of the Child Welfare Agency Licensing Unit to make temporary rulings regarding alternative compliance requests when the best interests of a child requires an immediate decision, subject to final approval at the next regularly scheduled meeting of the board.

(4)(A) Alternative compliance requests granted in the areas listed below shall be time-limited and shall not exceed two (2) years in length:

(i) Staff-to-child ratio;

(ii) Capacity;

(iii) Sleeping arrangements; and

(iv) Bathrooms.

(B) These alternative compliances shall be:

(i) Monitored on an ongoing basis for compliance; and

(ii) Reviewed by the board every two (2) years.

Subpart 2

9 CAR § 30-201 Applicable standards {#sec-9-car-30-201 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-201}

9 CAR § 30-201. Applicable standards.

The standards in this subpart apply to all agencies unless otherwise indicated.

9 CAR § 30-202 Applications and licensing procedure {#sec-9-car-30-202 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-202}

9 CAR § 30-202. Applications and licensing procedure.

(a) The owner or board shall prepare and furnish an application packet for a license that contains the following:

(1) A completed application form;

(2) A letter from the agency’s board or owner, as applicable, authorizing a person to sign the application;

(3)(A) A copy of the articles of incorporation, bylaws, and current board roster, if applicable, including names, addresses, and contact information of officers.

(B) Out-of-state agencies shall have legal authorization from the Secretary of State to do business in Arkansas;

(4) A personnel list with verifications of qualifications and experience;

(5)(A) Substantiation of the agency’s financial soundness.

(B) This shall include without limitation a budget showing sufficient resources to operate for a period of six (6) months, either with resources on hand or with projected revenue from verifiable sources.

(6) Proof of general and professional liability insurance, does not apply to state agencies;

(7) A written description of the agency’s program of care, including:

(A) Intake policies;

(B) Types of services offered; and

(8) Any additional information requested by the licensing specialist to:

(A) Verify compliance with this part; and

(B) Make a recommendation regarding the granting of a license.

(b)(1) Once a completed application packet has been received, the division shall complete a licensing study and recommendation within ninety (90) days.

(2) If a recommendation is not made within ninety (90) days, the applicant may appear before the Child Welfare Agency Review Board to request a license.

(c) Any child placement agency licensed in Arkansas shall provide the following information to the Child Welfare Agency Licensing Unit prior to opening a branch office:

(1) The address, telephone numbers if available, and office hours for the branch office;

(2) The name or names, qualifications, and contact information of the person or persons responsible for the:

(A) Day-to-day operation of the branch office; and

(B) Child placement activities at the branch; and

(3) The name and contact information of the person responsible for providing services in case of emergencies or child placement crises.

9 CAR § 30-203 Organization and administration {#sec-9-car-30-203 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-203}

9 CAR § 30-203. Organization and administration.

(a) The child placement agency shall obtain a license before placing or planning for the placement of children in:

(1) A foster home;

(2) An adoptive home; or

(3) A residential facility.

(b) The purpose and mission of the agency, including treatment philosophy, services provided, and characteristics of children it is designed to serve, shall be stated in writing.

(c) The following policies of the agency shall be current and available to all employees of the agency and the licensing specialist:

(1) Personnel policies;

(2) Volunteer policy;

(3) Student intern policy;

(4) Admission policy;

(5) Intake policy;

(6)(A) Behavior management policy.

(B) Corporal punishment is prohibited for all placement licenses.

(7) Crisis management policy;

(8) Child maltreatment/mandated reporter policy, according to Arkansas law, including procedures to ensure that alleged, suspected, or witnessed incidents of maltreatment are:

(A) Reported to the Child Abuse Hotline; and

(B) Documented as required by these or other applicable rules or laws;

(9) Child exploitation policy;

(10) Visitation policy;

(11)(A) Public safety policy.

(B) Sexual rehabilitative programs only;

(12)(A) Target population and admission, exclusion, and discharge criteria policy.

(B) Sexual rehabilitative programs only; and

(13)(A) Emergency, respite care, and disruption policy.

(B) Placement agencies only.

(d) The agency shall be legally authorized to conduct business in Arkansas by state law and local ordinance.

(e) The agency shall meet all federal, state, and local laws and ordinances that apply to:

(1) Child welfare agencies; and

(2) The proper care of children in such facilities.

(f) The agency shall provide copies of all programmatic licenses, certifications, and accreditations it holds.

(g)(1) The owner or board of directors, or both, shall:

(A) Be responsible for operating the facility; and

(B) Have final responsibility to ensure that the facility meets licensing requirements.

(2) Names and addresses of board members shall be provided to the licensing specialist annually.

(h) The agency shall maintain a current organizational chart showing the administrative structure of the organization.

(i) The agency shall notify the Child Welfare Agency Licensing Unit within five (5) days of any change of:

(1) Administrator;

(2) Social service director; or

(3) Clinical director.

(j) The agency shall establish and follow written policies and procedures that meet or exceed the Minimum Licensing Standards for Child Welfare Agencies.

(k)(1) All agencies applying for an Arkansas license shall provide proof that they are:

(A) Licensed in good standing in their home state, if applicable; and

(B) In good standing in all other states where they are licensed.

(2) If an agency is being disciplined or sanctioned in another jurisdiction, the Child Welfare Agency Review Board shall be notified.

(l) All agencies licensed in Arkansas after January 18, 2002, shall have an office in Arkansas.

(m)(1) All agencies licensed in Arkansas shall maintain all required files for licensing review as needed.

(2) They may choose to:

(A) Maintain these files in their offices in Arkansas; or

(B) Arrange to provide the required files to the licensing staff.

(n) All agencies licensed in Arkansas shall have a qualified person on call to supervise emergency services.

(o) If electronic records are kept, these records shall be made available to the licensing specialist for purposes of monitoring and investigation.

(p) Any disciplinary action taken against the agency by another jurisdiction shall be reported to the Child Welfare Agency Licensing Unit.

(q)(1) The Child Welfare Agency Review Board shall terminate the license of a licensee that has not been in operation for a consecutive twelve-month period.

(2) The agency shall not permit, aid, or abet an unlicensed person to perform activities requiring a license.

(r) The agency shall not misrepresent the type or status of:

(1) Education;

(2) Training;

(3) Expertise;

(4) Licensure; or

(5) Professional affiliations.

History

Codification Notes: Arkansas Code § 9-28-405(d)(1)(E), which is referenced in this section, was repealed by Acts 2021, No. 673, § 1. Authority: Arkansas Code § 9-28-403

9 CAR § 30-204 Child Maltreatment Central Registry and criminal record checks {#sec-9-car-30-204 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-204}

9 CAR § 30-204. Child Maltreatment Central Registry and criminal record checks.

(a)(1) The agency shall conduct background checks, as required by Arkansas Code § 9-28-409, using forms approved by the Child Welfare Agency Licensing Unit.

(2) Background checks conducted by or for other licensing authorities, for example, Office of Long-Term Care, Division of Developmental Disabilities Services, et al., do not meet the requirement of this standard.

(b) The following persons in a child placement agency shall be checked with the Child Maltreatment Central Registry in their state of residence, if available, and any state of residence in which the person has lived for the past five (5) years and in the person’s state of employment, if different, for reports of child maltreatment:

(1) Employees having direct and unsupervised contact with children;

(2) Volunteers, mentors, sponsors, and student interns having direct and unsupervised contact with children;

(3)(A) Foster parents and each member of the household fourteen (14) years of age and older, excluding children in foster care.

(B) These Child Maltreatment Central Registry checks shall be made prior to approval and shall be repeated every two (2) years thereafter;

(4)(A) Adoptive parents and each member of the household fourteen (14) years of age and older residing in Arkansas, excluding children in foster care.

(B) Adoptive parents and each member of the household fourteen (14) years of age and older, excluding children residing in out-of-state foster care, shall provide Child Maltreatment Central Registry checks from their state of residence, if available.

(C) These Child Maltreatment Central Registry checks shall be made prior to approval and shall be repeated every two (2) years until the adoption decree has been issued;

(5) Owners having direct and unsupervised contact with children; or

(6) Members of the agency’s board of directors having direct and unsupervised contact with children.

(c) Persons required to have the Child Maltreatment Central Registry check shall repeat the Child Maltreatment Central Registry check every two (2) years.

(d)(1) Any person found to have a record of child maltreatment shall be reviewed by the owner or administrator of the agency, in consultation with the Child Welfare Agency Review Board or its designee, to determine corrective action.

(2) Corrective action may include without limitation:

(A) Counseling;

(B) Training;

(D) Nonselection for employment; or

(E) Termination.

(e) The following persons in a child placement agency shall be checked with the Identification Bureau of the Division of Arkansas State Police for convictions of offenses listed in Arkansas Code § 9-28-409:

(1) Employees having direct and unsupervised contact with children;

(2) Volunteers, mentors, sponsors, and student interns having direct and unsupervised contact with children;

(3)(A) Foster parents and each member of the household eighteen (18) years of age and older, excluding children in foster care.

(B) The foster parents shall certify in writing annually whether or not household members fourteen (14) through seventeen (17) years of age have criminal records;

(4)(A) Adoptive parents and each member of the household eighteen (18) years of age and older residing in Arkansas.

(B) Adoptive parents and each member of the household eighteen (18) years of age and older residing out of state shall provide state police criminal record checks from their state of residence, if available.

(C) The out-of-state adoptive families do not need to do an Identification Bureau of the Division of Arkansas State Police check if they have never resided in Arkansas;

(5) Owners having direct and unsupervised contact with children; and

(6)(A) Members of the agency’s board of directors having direct and unsupervised contact with children.

(B) Individuals required to submit to a criminal background check with the Identification Bureau of the Division of Arkansas State Police shall also complete a background check with the Federal Bureau of Investigation.

(i) Adoption is an international adoption where the criminal background checks have been performed by the United States Citizenship and Immigration Services; or

(ii) Adoptive parents and each member of the household age eighteen and one-half (18 1/2) have continuously resided in another state for at least five (5) years before the adoption and the state-of-residence criminal check is available.

(f)(1) A child in the custody of the Department of Human Services shall not be placed in an approved home of any foster parent or adoptive parent unless all household members eighteen and one-half (18 1/2) years of age and older, excluding children in foster care, have had a fingerprint-based criminal background check performed by the Federal Bureau of Investigation.

(2) The check shall be initiated within thirty (30) days of the household member’s eighteenth birthday.

(g) All persons required to be checked with the Division of Arkansas State Police under this subsection shall repeat the check at a minimum of every five (5) years, except that adoptive parents who reside in Arkansas shall repeat the check every year pending court issuance of a final decree of adoption, at which point repeat checks will no longer be required.

(h)(1) A child in the custody of the department shall not be placed in an approved home of any foster parent or adoptive parent unless all household members eighteen and one-half (18 1/2) years of age and older, excluding children in foster care, have been checked with the Identification Bureau of the Division of Arkansas State Police at a minimum of every two (2) years.

(2) The check shall be initiated within thirty (30) days of the household member’s eighteenth birthday.

(i) Child Maltreatment Central Registry checks and Division of Arkansas State Police or Federal Bureau of Investigation criminal record checks shall be initiated within ten (10) days of employment.

(j) The agency shall maintain on file evidence that background checks have been initiated as required and results of the completed checks.

(k) The agency shall provide a copy of the Federal Bureau of Investigation criminal record check form and the Division of Arkansas State Police criminal record check form to the Child Welfare Agency Licensing Unit upon initiation.

(l)(1) No person guilty of an excluded criminal offense pursuant to Arkansas Code § 9-28-409 shall be permitted to have direct and unsupervised contact with children except as provided in the statute.

(2) The child placement agency shall immediately notify the Child Welfare Agency Licensing Unit when an individual is found to have a record of an excluded criminal offense.

9 CAR § 30-205 General personnel requirements {#sec-9-car-30-205 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-205}

9 CAR § 30-205. General personnel requirements.

All personnel employed on or after April 12, 1999, shall meet the following requirements:

(1) The agency shall have an administrator who shall be responsible for the general management of the agency, possessing at least one (1) of the following qualifications:

(A) A doctorate degree;

(B) A master’s degree in:

(i) A human services field (child development, psychology, sociology, social work, guidance and counseling, divinity, education);

(ii) Administration;

(iii) Business; or

(iv) A related field; or

(C) A bachelor’s degree in a human services field, administration, business, or a related field, and at least two (2) years of work experience in a human services agency;

(2)(A) The agency shall have a social services director who shall supervise child placement activities and casework services by the agency, possessing at least one (1) of the following qualifications:

(i) A master’s degree or higher in a human services field (child development, psychology, sociology, social work, counseling and guidance, divinity, or education);

(ii) A bachelor’s degree in a human services field and two (2) years of work experience in a child welfare agency; or

(iii) Anyone permitted to supervise child placement or casework services shall meet the qualifications for social services director;

(B) Therapeutic foster care, see 9 CAR § 30-421(b), and sexual rehabilitative program, see 9 CAR § 30-501 et seq.;

(3)(A) Each agency shall have a caseworker who is responsible for doing assessments, case planning, and casework services, possessing at least one (1) of the following:

(i) A bachelor’s degree in a human services field; or

(ii) A bachelor’s degree and two (2) years’ work experience in a human services field.

(B) Therapeutic foster care, see 9 CAR § 30-421(c), and sexual rehabilitative program, see 9 CAR § 30-501 et seq.; and

(4) If casework services are contracted, the agency shall maintain all required personnel information on the contracted caseworkers.

9 CAR § 30-206 Qualifications and training {#sec-9-car-30-206 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-206}

9 CAR § 30-206. Qualifications and training.

(a) The administrator, social services director, and each caseworker of a child welfare agency shall have twenty-four (24) hours of job-related continuing education each year.

(b) Owners, operators, employees, foster parents, or volunteers in a child welfare agency are responsible for ensuring the proper care, treatment, safety, and supervision of the children they supervise.

(c) Owners, operators, employees, foster parents, or volunteers in a child welfare agency shall not engage in behavior that could be viewed as sexual, dangerous, exploitative, or physically harmful to children.

(d) Documentation verifying annual training shall be dated indicating the:

(1) Number of hours;

(2) Name of the source; and

(3) Topic or title.

(e) The agency shall maintain a personnel file for each employee that shall include:

(1) A resume or application;

(2) Date of hire;

(3) Verifications of qualifications;

(4) Documentation of required annual training;

(5) Criminal record check and Child Maltreatment Central Registry check information as required by law;

(6) Documentation that applicable employees are informed that they are mandated reporters of suspected child maltreatment, according to Arkansas Code § 12-18-402, and are provided the information needed to make a report;

(7) A functional job description; and

(8) At least three (3) positive personal references from nonrelatives.

9 CAR § 30-207 Volunteers and student interns {#sec-9-car-30-207 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-207}

9 CAR § 30-207. Volunteers and student interns.

(a) The agency shall create a policy clearly defining the qualifications, duties, and supervision of volunteers and student interns.

(b) Volunteers and student interns will be supervised by an appropriate and designated staff person.

(c) A volunteer or student intern who works unsupervised and substitutes as staff shall meet the qualifications required for a paid employee in that position.

9 CAR § 30-208 Exploitation of children {#sec-9-car-30-208 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-208}

9 CAR § 30-208. Exploitation of children.

(a) The agency shall not require a child to:

(1) Acknowledge:

(A) Dependency;

(B) Destitution; or

(2) Make public statements about their background.

(b) The agency shall not use, or allow to be used, any reports, pictures, or any other information from which a child can be identified, except under the following conditions:

(1) The child and the parent or guardian sign a consent form that describes the purposes for which the identification is being made;

(2) The signed consent shall say in which publication or broadcast the identification will appear; and

(3) The parent or guardian and child shall be informed that the consent may be withdrawn.

(c) All information regarding children and their families shall be kept strictly confidential and may only be released with the consent of a parent or guardian, except to authorized persons or agencies.

(d) The agency shall document that the foster parents have been made aware of the need to protect the confidentiality of foster children in the use of social media.

9 CAR § 30-209 Ethical standards {#sec-9-car-30-209 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-209}

9 CAR § 30-209. Ethical standards.

(a) The Child Welfare Agency Review Board sets forth this section as a code of ethics/standards for practice for all child welfare agencies within the State of Arkansas.

(b) Violations of the following shall be grounds for disciplinary action:

(1) Confidentiality.

(A) In providing services, a child welfare agency shall safeguard information given by clients.

(B) A child welfare agency shall obtain the client’s informed written consent before releasing confidential information except when consent to disclose is permitted by law or required by judicial order.

(C) If the client is a minor, then the written consent shall be made with the minor and their legal representative or guardian;

(2) Responsibility. A child placement agency shall provide a clear, written description of what the client may expect in the way of:

(A) Services;

(B) Reports;

(D) Fees;

(E) Billing;

(F) Estimated schedules; and

(G) Grievance procedures;

(3) Misrepresentation. A child welfare agency shall not misrepresent its program services or experience; and

(4) Client relationships. Relationships with clients shall not be exploited by the child welfare agency staff for personal gain.

9 CAR § 30-210 Conduct {#sec-9-car-30-210 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-210}

9 CAR § 30-210. Conduct.

Unprofessional conduct in the practice of child welfare activities includes without limitation:

(1) Permitting, aiding, or abetting an unlicensed person in performing activities that require a professional license;

(2) Misrepresenting type or status of:

(A) Education;

(B) Training;

(D) Licensure; or

(E) Professional affiliations;

(3) Failing to maintain confidentiality, except as otherwise required or permitted by law, of all information that has been received from a client in confidence during the course of services;

(4) Violating the ethical standards adopted by the Child Welfare Agency Review Board;

(5) Failing to report to the Child Welfare Agency Licensing Unit:

(A) Any disciplinary action taken against the child welfare agency by another jurisdiction; or

(B) The surrender of a license or loss of authorization to practice child welfare activities in another jurisdiction;

(6) Failing to comply with any stipulation or agreement with the board involving probation or a settlement of any disciplinary matters; and

(7) Engaging in behavior that could be viewed as sexual, dangerous, exploitative, or physically harmful to children.

9 CAR § 30-211 Inspections, investigations, and corrective action {#sec-9-car-30-211 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-211}

9 CAR § 30-211. Inspections, investigations, and corrective action.

(a) The licensing specialist shall conduct inspections to ensure continued compliance with licensing standards.

(b) The licensing specialist:

(1) Shall investigate complaints of alleged violation of licensing standards against all placement agencies; and

(2) May participate in investigations of alleged child maltreatment.

(1) Cooperate with the Child Welfare Agency Licensing Unit in conducting inspections and investigations; and

(2) Provide information required to verify compliance with rules.

(d) Inspections and investigations may be:

(1) Scheduled or unscheduled, at the discretion of the licensing specialist; and

(2) Conducted outside regular working hours.

(e) The frequency of inspections:

(1) Are at the discretion of the Child Welfare Agency Licensing Unit; and

(2) May be based on the agency’s compliance history.

(f)(1) At the discretion of the Child Welfare Agency Licensing Unit, a multidisciplinary team may be asked to advise the licensing specialist during initial approval or during inspections.

(2) This team may include a professional in the appropriate field.

(g) Upon finding any violations of licensing standards, the licensing specialist shall issue to the agency a corrective action notice that shall state:

(1) A factual description of the conditions that constitute a violation of the standard;

(2) The specific law or standard violated; and

(3) A reasonable time frame within which the violation shall be corrected.

(h) The agency shall provide a written corrective action plan, when requested to do so, by the licensing specialist in a corrective action notice.

(i) Any owner, operator, employee, foster parent, or volunteer in a child welfare agency shall immediately notify the Child Abuse Hotline if they:

(1) Have reasonable cause to suspect that a child has been subjected to child maltreatment;

(2) Have reasonable cause to suspect that a child has died as a result of child maltreatment; or

(3) Observe a child being subjected to conditions or circumstances that would reasonably result in child maltreatment.

(j)(1) If a complaint of child maltreatment is filed against any owner, operator, employee, foster parent, volunteer, or other person in a child welfare agency, the agency administration shall evaluate the risk to children and determine the suitability of the person or persons to supervise, be left alone with children, have disciplinary control over children, or remain in the child placement agency until the allegations are determined to be true or unsubstantiated.

(2) Any interim corrective action measures shall be approved by the Child Welfare Agency Licensing Unit.

(k) The agency shall maintain a log or file of all calls to the Child Abuse Hotline.

(l) The agency shall notify the Child Welfare Agency Licensing Unit by the next business day when a report of child maltreatment is accepted by the Child Abuse Hotline against the owner, operator, employee, foster parent, volunteer, child, or other person in a child welfare agency.

(m) The agency and all staff shall cooperate fully with investigators during a child maltreatment investigation.

(n) The agency shall take steps to prevent harm or retaliation against the child while an allegation of child maltreatment is being investigated.

(o)(1) Any person with a true finding of child maltreatment shall have a review by the owner or administrator of the agency, in consultation with the Child Welfare Agency Review Board or its designee, to determine corrective action.

(2) Corrective action may include without limitation:

(A) Counseling;

(B) Training;

(D) Nonselection for employment; or

(E) Termination.

(p)(1) Any employee who has been sanctioned by any licensing or certifying entity for any reason pertaining to child safety shall be reviewed by the owner or administrator of the agency, in consultation with the board or its designee, to determine corrective action.

(2) Corrective action may include without limitation:

(A) Counseling;

(B) Training;

(D) Nonselection for employment; or

(E) Termination.

(q) The agency shall:

(1) Notify the Child Welfare Agency Licensing Unit by the next business day of:

(A) Serious injuries requiring emergency medical treatment;

(B) Agency vehicle accidents;

(D) Elopements;

(E) Suicide attempts; or

(F) Deaths; and

(2) Maintain documentation of the incident and notification.

(r) The agency shall maintain reports on all incidences that cause:

(1) Injury;

(2) Property damage; or

(3) Disruption to routine operation or services.

Subpart 3

9 CAR § 30-301 Applicable standards {#sec-9-car-30-301 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-301}

9 CAR § 30-301. Applicable standards.

In addition to all standards in 9 CAR § 30-201 et seq., the following standards shall be met.

9 CAR § 30-302 Admission {#sec-9-car-30-302 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-302}

9 CAR § 30-302. Admission.

(a) Each agency shall establish written criteria for admitting, as well as excluding, children.

(b) The agency shall not admit any child for whom the agency cannot provide adequate care.

(1) A medical examination within one (1) year before admission; or

(2) An appointment scheduled within one (1) week after admission.

(d) Each child shall have:

(1) Proof of current immunizations, or a letter of exemption, in accordance with the Department of Health; or

(2) An appointment scheduled within one (1) week after admission.

(e) The agency shall obtain written authority from the parent or parents, guardian or guardians, or court before placement, or within seventy-two (72) hours if it is an emergency placement.

(f) The agency shall obtain written authority for medical care for the child from the parent or parents, guardian or guardians, or court at the time of placement, or within seventy-two (72) hours in an emergency placement.

(g) The agency shall comply with the Interstate Compact on the Placement of Children, Arkansas Code § 9-29-201 et seq., when placing or admitting children from outside Arkansas.

(h) A dependent juvenile of a parent who is in the custody of the Division of Children and Family Services shall be subject to all rules regarding:

(1) Space;

(2) Ratio;

(3) Health; and

(4) Safety.

9 CAR § 30-303 Intake and assessment {#sec-9-car-30-303 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-303}

9 CAR § 30-303. Intake and assessment.

(a) Intake information shall be completed on each child in care within ten (10) working days after admission.

(b) The intake information shall include:

(1) Demographic information on the child and parent or parents, including:

(A) Name;

(B) Address;

(D) Gender;

(E) Race; and

(F) Religious preference;

(2) A factual description of the circumstances requiring placement;

(3) A brief social history of the family;

(4) The child’s current legal status or custody;

(5) Any history of previous placements outside the family, if applicable; and

(6) An assessment of services needed to ensure the health and welfare of the child, including medical history and psychological history.

(c)(1) The agency shall:

(A) Obtain copies of legal documents within thirty (30) days of admission; or

(B) Document its attempts to obtain the documents.

(2) The legal documents shall include without limitation:

(A) Birth certificates;

(B) Social Security cards; and

(d)(1) A plan of safe care shall be developed for all children with physical limitations, medical conditions, or behaviors that are indicative of harm to self or others, to include without limitation:

(A) Arson;

(B) Physical aggression;

(D) Suicidal behaviors or other self-harming tendencies.

(2) This plan shall:

(A) Identify the behavior or problem; and

(B) Specify the safeguards that are to be implemented.

(3) A copy of the plan shall be provided to the direct caregiver or caregivers, as well as a copy being placed in the child’s record.

9 CAR § 30-304 Case planning {#sec-9-car-30-304 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-304}

9 CAR § 30-304. Case planning.

(a)(1) A case plan shall be developed for each child placed into a foster home by a child placement agency.

(2) The plan shall address the child’s needs as identified in the intake information.

(b) When a placement agency places a child with another placement agency, the receiving agency shall develop a case plan for each child received for care.

(d) The child’s case plan shall contain, at a minimum:

(1) Specific needs of the child;

(2) Plan for meeting the child’s needs;

(3) Special treatment issues, for example, psychotropic medications, sexual misconduct, and neurological disorders, with a statement of how the special needs shall be met;

(4) A plan to ensure that the child’s educational needs are met according to applicable state law;

(5) Visitation plan, if applicable; and

(6) Date of next review of the case plan.

(e) If independence is a goal, the case plan shall include training in independent living skills.

(f) Foster parents shall be included in case planning for each child.

(g) A copy of the case plan shall be made available to the parent or parents, guardian or guardians, court, or other agencies involved in the delivery of case plan services, if applicable.

(h) The child placement agency shall review the case plan at least semiannually and shall be updated to reflect the child’s progress.

9 CAR § 30-305 Children’s records {#sec-9-car-30-305 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-305}

9 CAR § 30-305. Children’s records.

(a) The agency shall keep a confidential case record for each child that includes the following:

(1) Demographic information;

(2) Plan of safe care, if applicable;

(3) A complete intake;

(4) Consents, including consent for medical care, and authority to place the child;

(5) Interstate Compact on the Placement of Children, Arkansas Code § 9-29-201 et seq., information, if applicable;

(6) Case plans and case plan reviews;

(7) Copies of legal documents, for example, birth certificate, Social Security card, or court orders, or documentation of its attempts to obtain the documents;

(8) Physical exams and immunization records, or documentation of its attempts to obtain the documents;

(9) Psychological reports, if applicable;

(10) Educational reports, if applicable;

(11) Disciplinary and incident reports, if applicable;

(12) Records of visitation and family contacts, if applicable;

(13) Documentation of casework services and child contact; and

(14) Discharge statement.

(b) Records for each child shall be kept for five (5) years from the date of discharge unless otherwise specified by Arkansas law.

9 CAR § 30-306 Behavior management {#sec-9-car-30-306 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-306}

9 CAR § 30-306. Behavior management.

(a) The agency shall have a written discipline policy that is consistently followed.

(b) Discipline shall be directed toward teaching the child acceptable behavior and self-control.

(1) Age;

(2) Development; and

(3) History, including trauma history.

(d) The following actions are prohibited:

(1) Denial of:

(A) Meals;

(B) Sleep;

(D) Essential clothing; or

(E) Case plan activities;

(2)(A) Denial of parental visits or regular phone and mail contact with family.

(B) Nondisciplinary case planning issues are accepted;

(3) Lewd or obscene language;

(4) Derogatory comments about the child or the child’s:

(A) Family;

(B) Race; or

(5) Restriction to a room for more than a short period of time without periodic observation;

(6) Restriction to a dark room or area;

(7) Locked isolation;

(8) Physical injury or threat of bodily harm;

(9) Humiliating or degrading action;

(10) Extremely strenuous work or exercise;

(11) Mechanical or chemical restraints; and

(12) Corporal punishment.

(e) Physical restraint:

(1) Shall be initiated only by a trained person, only to prevent injury to:

(A) The child;

(B) Other people; or

(2) Shall not be initiated solely as a form of discipline.

(f) A child shall not be allowed to administer discipline, except teen parents may discipline their own children under the supervision and guidance of the foster parent.

(g) Searches of a child or a child’s personal property shall be:

(1) For reasons limited to safety and security of children and their foster family; or

(2) In cases of suspected theft.

(h) Any searches requiring removal of clothing shall be done in privacy.

9 CAR § 30-307 Foster parent qualifications {#sec-9-car-30-307 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-307}

9 CAR § 30-307. Foster parent qualifications.

(a) In a two-parent home:

(1) Both are joint applicants; and

(2) Each signs the application and participates in the approval process.

(b) Foster parents are at least twenty-one (21) years of age.

(d) Foster parents are physically, mentally, and emotionally capable of caring for children.

(e) The foster family shall provide documentation of sufficient financial resources to meet their needs.

(f) All family members under eighteen (18) years of age in the household shall have proof of current health immunizations or an exemption in accordance with the Department of Health.

(g) When routine childcare is needed, foster children shall:

(1) Attend licensed childcare; or

(2) Have an agency-approved caregiver.

9 CAR § 30-308 Content of the home study {#sec-9-car-30-308 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-308}

9 CAR § 30-308. Content of the home study.

(a) The agency shall complete a home study for each foster home.

(b) The agency shall conduct at least one (1) scheduled in-home interview for each household member to:

(1) Observe family functioning; and

(2) Assess the family’s capacity to meet the needs of children in foster care.

(d) The home study shall include the following information:

(1) Motivation. The individual’s motivation for becoming a foster parent;

(2) Household composition. The full legal names, birthdates, relationships to one another, and a brief physical description of everyone residing in the home;

(3) Housing. Address, location, and type of structure as well as the:

(A) Upkeep and housekeeping standards;

(B) Sleeping arrangements;

(D) Future residence plans of the facility’s occupants;

(4) Safety hazards. An assessment of the safety of the home and grounds, including:

(A) Water hazards;

(B) Swimming pools;

(D) Dangerous pets; and

(E) Other hazardous items and areas;

(5) Income and expenses. Employment history for the last six (6) years (duration, salary, duties, title, degree of job security, and hours), other sources of income, monthly living expenses, outstanding debts, and insurance;

(6) Health. Current health of each family member, including:

(A) Prior illnesses or medical problems;

(B) Disabilities;

(D) Counseling (dates and purposes); and

(E) Hospitalization for:

(i) Alcohol abuse;

(ii) Drug abuse; or

(iii) Mental illness;

(7) Education. Parents’:

(A) Educational attainment;

(B) Future educational plans; and

(8) Childcare arrangements or plans. Current arrangement or proposed arrangement as it relates to their working hours and income;

(9) Child rearing practices. Purpose of behavior management, behavior guidance practices, how they show affection, and how they handle:

(A) Stress;

(B) Allowance;

(D) Homework;

(10) Daily schedule;

(11) Social history. Highlights and verification regarding action of marriages, divorces, children, relationships’ support system, future plans, any individual not living in the home, and any significant personal, developmental, personality, or legal problems;

(12) Family activities. Religious interests, social organizations, activities with children, and family roles;

(13) Impressions, conclusions, and recommendations. Evaluate the family’s situation and ability to provide for a child based on the information obtained during the home study; and

(14) Approval. If the agency approves the foster parent or parents, the agency shall recommend in the home study the number, age, gender, and other characteristics of children for whom the home is approved to provide care.

(e) The placement agency may require further documentation or evaluation to determine the suitability of the home.

9 CAR § 30-309 Physical requirements of the home {#sec-9-car-30-309 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-309}

9 CAR § 30-309. Physical requirements of the home.

(a) The foster home shall be accessible to community resources needed by foster children.

(b) The foster home shall be clean and free of hazards.

(c)(1) The foster home shall have a continuous supply of sanitary drinking water.

(2) If the source is not a municipal water system, the water shall be tested and approved annually by the Department of Health.

(3) The approval shall be kept in the foster home case record.

(d) The foster home shall have at least one (1):

(1) Flush toilet;

(2) Sink with running water; and

(3) Bathtub or shower with hot and cold running water.

(e) There shall be an operational smoke detector in each bedroom.

(f) There shall be an operational smoke detector on each level of occupancy of the foster home.

(g) There shall be an operational chemical fire extinguisher, readily accessible, near the cooking area of the home.

(h) The foster parents shall:

(1) Practice and document emergency evacuation drills with each new child entering the home; and

(2) Repeat at least quarterly thereafter.

(i) All heating units with hot external areas shall be screened or otherwise shielded.

(j) The home shall have:

(1) At least one (1) exterior door that exits directly to the outside; or

(2) An alternate fire escape route.

(k)(1) The home shall have an operational telephone that is accessible for children.

(2) Working cell phones kept on the premises are acceptable.

(l) Each child shall have adequate space for storing clothing and personal belongings.

(m) All household pets shall have proof of current rabies vaccinations as required by Arkansas law.

(n) All firearms shall be:

(1) Maintained in a secure, locked location; or

(2) Secured by a trigger lock.

(o) All ammunition shall be secured and locked separately from firearms, unless it is stored in a safe, for example, a handgun safe or a long gun safe.

(p)(1) The foster home record shall contain an agency-approved safety plan for any noted hazards.

(2) The safety plan shall be signed by:

(A) All caregivers in the foster home; and

(B) An agency representative.

(q) A current floor plan of the home with room dimensions for all rooms used for sleeping shall be in the foster home record.

(r)(1) Manufactured homes used as foster homes shall have an agency-approved plan for tornado safety.

(2) The safety plan shall be signed by:

(A) All caregivers in the foster home; and

(B) An agency representative.

(s) The foster home shall be a house, mobile home, housing unit, or apartment occupied by an individual or family.

(t) The foster home, grounds, and all structures on the property shall be:

(1) Maintained in a clean, safe, and sanitary condition; and

(2) In a reasonable state of repair within community standards.

(u) The foster home interior and exterior must be free from:

(1) Dangerous objects;

(2) Dangerous conditions; and

(3) Hazardous materials.

(v) All poisonous materials, cleaning supplies, other hazardous materials, and alcoholic beverages shall be stored in an area not readily accessible to children, as appropriate for the age and development of each child.

(w) The foster home shall have proper trash and recycling disposal.

(x) The foster home shall be free of rodent and insect infestation.

(y) The foster home shall be equipped with a functional kitchen that includes:

(1) A sink with hot and cold running water;

(2) A refrigerator;

(3) A stove; and

(4) An oven.

(z) The foster home shall have adequate lighting and ventilation.

(aa) The foster home shall have a heating, ventilating, and air conditioning source, maintained in safe operating condition, that keeps the temperature a:

(1) Minimum of sixty-five degrees (65°); and

(2) Maximum of eighty-five degrees (85°).

(bb) The foster home shall be free of obvious fire hazards such as defective heating equipment or improperly stored flammable materials.

(cc) There shall be a carbon monoxide detector:

(1) On each level of occupancy of the foster home; and

(2) Near all sleeping areas.

(dd) The foster home shall have a safe operating water heater that has a recommended temperature at or below one hundred twenty degrees (120°) as tested at the plumbing fixture nearest the water heater.

(ee) The foster home shall maintain adequate first aid supplies for emergencies.

(ff) Foster parents shall:

(1) Maintain a list of emergency telephone numbers, including poison control; and

(2) Post it in a prominent place.

(gg) Foster parents shall not permit a child to enter a pool area unless accompanied by an adult.

(hh)(1) The foster home record shall contain a water safety plan for supervision of children during water activities.

(2) The plan shall be signed by:

(A) All caregivers in the foster home; and

(B) An agency representative.

(ii)(1) Swimming pools shall be enclosed or shall have an approved manual or power operated child safety cover that meets the standards of ASTM International adopted by the Consumer Product Safety Commission.

(2) Please note that solar pool covers and winter pool covers are not safety covers.

(3) ASTM International (1996) requires that a pool cover be able to hold a minimum of four hundred eighty-five pounds (485 lbs.) per five square feet (5 sq. ft.) in order to qualify as a safety cover.

(jj) In-ground pools without an approved child safety cover shall be protected by an enclosure (wall, fence, or barrier) that surrounds the pool area.

(kk) Unless local code provides otherwise, an enclosure shall meet the following:

(1) Entirely enclose the pool area;

(2) Be at least four feet (4’) high; and

(3) Swimming pools must have their methods of access through the barrier equipped with a safety device such as a bolt lock.

(ll)(1) The wall of a house or other building shall not be used in lieu of a barrier to the pool, with the exception of a solid wall that does not contain any doors.

(2) When a wall is used as a barrier, the remaining three (3) sides shall:

(A) Be protected by an enclosure (wall, fence, or barrier) that surrounds the pool area; or

(B) Have an approved child safety cover.

(3) The enclosure shall meet the following:

(A) Entirely encloses the pool area;

(B) Be at least four feet (4’) high; and

(C) Swimming pools must have their methods of access through the barrier equipped with a safety device such as a bolt lock.

(mm) All above-ground pools shall have:

(1) Nonclimbable exterior side walls with a minimum height of four feet (4’); and

(2) Access ladders or steps that are removable and able to be secured when the pool is not in use.

(nn) Swimming pools shall be equipped with a lifesaving device such as a ring buoy.

(oo) All portable pools (inflatable and wading pools) shall be fenced or emptied after every use.

(pp) Swimming pools that cannot be emptied after each use shall have a working pump and filtering system.

(qq) Hot tubs and spas shall have locking safety covers that are locked when not in use.

9 CAR § 30-310 Sleeping arrangements {#sec-9-car-30-310 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-310}

9 CAR § 30-310. Sleeping arrangements.

(a) Each household occupant shall have a bedroom that provides privacy.

(b) Each bedroom shall have at least fifty square feet (50 sq. ft.) of floor space per occupant.

(d)(1) Bars, grilles, grates, or other items that block access to the window are permitted only if they can be removed from the inside without the use of a key, tool, or force greater than that required for normal operation of the window.

(2) In this event, each such bedroom shall have a working smoke detector.

(e) No more than four (4) children shall share a bedroom.

(f)(1) Each foster child shall be provided a safe bedroom, appropriate for the child’s age and needs, that includes a bed with a mattress, sheets, a pillow, a pillowcase, and adequate cover, all in good condition and similar to those provided to other household members.

(2) Children of the opposite sex shall not share the same bedroom if either child is four (4) years of age or older, except for a teen parent in foster care with her child.

(g) No children shall share a bed if either child is four (4) years of age or older.

(h) No child under six (6) years of age shall occupy a top bunk.

(i)(1) Foster children, except infants under two (2) years of age, shall not share a sleeping room with adults.

(2) This age would increase through four (4) years of age for a:

(A) Grandparent to the child; or

(B) Teen parent in foster care with her child.

(j) All cribs used for children shall have current certification of compliance with Consumer Product Safety Guidelines standards.

(k)(1) Children twelve (12) months of age and below shall be placed flat on their backs to sleep, in accordance with American Academy of Pediatrics guidelines, to lessen the risk of suffocation and Sudden Infant Death Syndrome.

(2) If a child rolls over on their own, the facility is not required to reposition the child.

(3) If there is a medical reason a child cannot sleep on their back, a signed statement from the child’s physician shall be in the file stating the:

(i) Reason;

(ii) Sleep position indicated; and

(iii) Time frame required.

(l) Bedding shall be changed at least weekly, or more often if needed.

(m) Foster parents shall not co-sleep or bed share with a foster child of any age, including infants.

9 CAR § 30-311 Approval of foster homes {#sec-9-car-30-311 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-311}

9 CAR § 30-311. Approval of foster homes.

(a) A foster home shall be approved by only one (1) agency.

(b) At least three (3) positive personal references shall be obtained on the foster family, including at least one (1) from a relative and one (1) from a nonrelative.

(d)(1) Pre-service training shall include the following topics:

(A) Legal rights;

(B) Roles, responsibilities, and expectations of foster parents;

(i) Structure;

(ii) Purpose;

(iii) Policies; and

(iv) Services;

(D) Laws, rules, and regulations, as related to foster homes or foster children;

(E) The impact of childhood trauma;

(F) Managing child behaviors;

(G) Medication administration; and

(H) The importance of maintaining meaningful connections between the child and parents, including regular visitation.

(2)(A) Foster parent or parents shall have a current certificate of completion of first aid and CPR before a child is placed in the home.

(B) The training shall require hands-on, skill-based instruction as well as practical testing.

(e) Foster parents shall provide documentation that they carry:

(1) Homeowner’s or renter’s insurance; and

(2) General liability insurance.

(f) Foster homes shall not also operate as childcare family homes.

(g) Foster homes shall not provide compensated care for any nonrelated adults in the foster home unless providing transitional care for a person placed in care prior to eighteen (18) years of age.

(h) There shall be an annual approval letter from the approving agency in the foster home record.

(i) A provisional foster home means a foster home:

(1) Opened for no more than six (6) months by the Division of Children and Family Services of the Department of Human Services; and

(2) Operated by a relative or fictive kin of a child in the custody of the division after the division does the following:

(A) Conducts a health and safety check, including a Child Maltreatment Central Registry check and a criminal background check or check with local law enforcement on the relative’s or fictive kin’s home; and

(B) Performs a visual inspection of the home of the relative or fictive kin to verify that the relative or fictive kin and the home will meet the standards for opening a regular foster home.

(j) If a foster home moves from one (1) placement agency to another, all requirements for opening a new foster home shall be met.

(k) Foster parents must be able to communicate with:

(1) The foster child;

(2) The placement agency;

(3) Healthcare providers; and

(4) Other service providers.

(l) At least one (1) foster parent in the home must have functional literacy, such as having the ability to read medication labels.

History

Codification Notes: “CPR” means cardiopulmonary resuscitation. Authority: Arkansas Code § 9-28-403

9 CAR § 30-312 Selection of foster home {#sec-9-car-30-312 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-312}

9 CAR § 30-312. Selection of foster home.

(a)(1) The agency shall select the home that is:

(A) In the best interest of the child;

(B) The least restrictive possible; and

(2) The placement decision shall be based on an individual assessment of the child’s needs.

(b) No children shall be placed in a foster home unless there is an approval letter in the record from the approving agency.

(d) When a placement agency places a child with another placement agency, the receiving agency shall maintain a record for and provide casework services to the children placed into their foster homes.

(e)(1) Foster homes shall not have more than six (6) foster children in care.

(2) A foster home shall not have more than eight (8) children in their home, including their own children.

(3) This includes placement or respite care.

(f) Foster homes shall not have more than two (2) children under two (2) years of age, including the foster parent’s own children.

(g)(1) No new placements of children shall occur with foster parents who have not satisfied the annual training requirements.

(2) Administrative-level staff designated by the agency director may grant an exemption to this restriction for up to sixty (60) days.

(3) The administrator shall review the quality of care provided by the foster parents and the reasons for failing to complete the training on time in deciding whether to grant an exception.

9 CAR § 30-313 Continued training of foster parents {#sec-9-car-30-313 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-313}

9 CAR § 30-313. Continued training of foster parents.

(a)(1) Each foster parent shall obtain at least fifteen (15) hours of training each year after the first year.

(2) This does not apply to foster parents for infants who are in short-term foster care awaiting adoptive placement.

(3) Such foster parents shall obtain ten (10) hours of training for the primary caregiver and five (5) hours of training for the secondary caregiver each year.

(b) Documentation verifying annual training shall indicate the:

(1) Date;

(2) Number of hours;

(3) Name of the source;

(4) Topic; and

(5) Title.

(c)(1) Each foster parent shall maintain a current certificate of successful completion of hands-on, skill-based CPR and first aid.

(2) Training and certification that is provided solely online will not be accepted.

(d) Foster parents shall participate in ongoing training to receive instruction that:

(1) Supports their parental roles; and

(2) Ensures the foster parent is up-to-date with agency and licensing requirements.

(e) Note. Annual training may include without limitation:

(1) Child-specific training; or

(2) Issues relevant to the general population of children in foster care.

History

Codification Notes: “CPR” means cardiopulmonary resuscitation. Authority: Arkansas Code § 9-28-403

9 CAR § 30-314 Foster parents’ responsibilities {#sec-9-car-30-314 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-314}

9 CAR § 30-314. Foster parents’ responsibilities.

(a) Foster parents shall be responsible for providing the level of supervision, care, and treatment necessary to ensure the safety and well-being of each child placed into their home, considering the child’s:

(1) Age;

(2) Individual differences;

(3) Abilities;

(4) Surrounding circumstances;

(5) Hazards; and

(6) Risks.

(b) Foster parents shall provide each child with adequate and nutritious food.

(c) Foster parents shall provide regular activities to promote the physical, social, intellectual, spiritual, and emotional development of the children in their care.

(d) Foster parents shall provide each child their own clothing that is:

(1) Clean;

(2) Well-fitted;

(3) Seasonal;

(4) Appropriate to age and gender; and

(5) Comparable to community standards.

(e) Foster parents shall allow foster children to acquire and keep personal belongings.

(f) Foster parents shall fully cooperate with the child placement agency’s case plan for each foster child, including visitation.

(g) Foster parents shall provide routine transportation for each child.

(h) Foster parents shall participate in case planning and case plan reviews.

(i) Foster parents shall:

(1) Attend school conferences concerning a foster child; and

(2) Notify the child placement agency of any situations that may affect the case plan or require agency involvement.

(j) Foster parents shall notify the child placement agency promptly of serious illness, injury, or unusual circumstances affecting the health, safety, or welfare of the foster child.

(k) Foster parents shall:

(1) Cooperate with the child placement agency and the Child Welfare Agency Licensing Unit in conducting inspections and investigations; and

(2) Provide information required to verify compliance with rules.

(l) Foster parents shall maintain absolute confidentiality of private information about each foster child and the birth family.

(m) Foster parents shall give advance notice to the agency of any major changes that affect the life and circumstances of the foster family, including a change of residence, when possible.

(n)(1) Foster parents shall keep periodic photographs, a record of the child’s memberships, activities, and participation in extracurricular school or church activities, trophies, awards, ribbons, etc., for each foster child.

(2) These items shall be provided to the child upon change in placement.

(o) Foster parents shall ensure that each child has sufficient sleep for their age and physical condition.

(p) Foster parents shall instruct each child in good grooming and personal hygiene habits.

(q) Foster parents shall provide each child with opportunities for regular recreational activities and exercise.

(r) Foster parents shall ensure each child shall be provided with age-appropriate activities and equipment.

(s) Foster parents shall monitor and time-limit the use of:

(1) Television;

(2) Videos;

(3) Computer games; and

(4) Other screen time activities.

(t) Foster parents shall comply with the rules and responsibilities of the placement agreement developed by the placement agency.

(u) Foster parents shall not:

(1) Engage in the use of illegal substances;

(2) Abuse alcohol by consuming excessive amounts; or

(3) Abuse legal prescription drugs or nonprescription drugs by:

(A) Consuming them in excess amounts; or

(B) Using them contrary to as prescribed or indicated.

(v) Foster parents shall adhere to the placement agency’s reasonable and prudent standard.

9 CAR § 30-315 Medications {#sec-9-car-30-315 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-315}

9 CAR § 30-315. Medications.

(a)(1) Foster parents shall administer medications only in accordance with directions on the label.

(2) All over-the-counter medications shall be stored in an area not readily accessible to children, according to the age and development of each child in the home.

(3)(A) All prescription medications excluding EpiPens, inhalers, and glucagon kits shall be locked.

(B) An age-appropriate and developmentally capable child may be provided or have access to nonnarcotic prescriptions with an approved safety plan.

(i) Birth control;

(ii) Acne creams; and

(iii) Topical creams.

(b) Medication shall be stored in accordance with pharmaceutical recommendations.

(d) All medications shall be logged by the foster parent at the time the medication is administered.

(e) The medication logs shall include:

(1) Child’s name;

(2) Time and date;

(3) Medication and dosage; and

(4) Initials of the person administering the medication.

(f) All currently prescribed medication shall be provided at placement.

9 CAR § 30-316 Transportation {#sec-9-car-30-316 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-316}

9 CAR § 30-316. Transportation.

(a) Foster families shall have their own transportation available.

(b) Any vehicle used to transport foster children shall be maintained in compliance with motor vehicle laws and be insured.

(c) Children shall be transported only by foster parents or persons approved by the foster parents who possess a valid driver’s license.

(d) Children shall be transported according to Arkansas law, including without limitation:

(1) Use of safety belts;

(2) Child safety seats; and

(3) Smoking restrictions.

9 CAR § 30-317 Visitation {#sec-9-car-30-317 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-317}

9 CAR § 30-317. Visitation.

(a) The standards in this section do not apply to children in short-term foster care awaiting adoptive placement.

(b) The agency that has legal responsibility for the child shall develop a visitation plan that specifies when and how visits will occur between the child and the parents.

(d) Foster parents shall allow foster children and their families to communicate according to the child’s case plan.

9 CAR § 30-318 Child placement agency responsibilities {#sec-9-car-30-318 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-318}

9 CAR § 30-318. Child placement agency responsibilities.

(a) The child placement agency (“agency”) shall provide the foster parents with the information necessary to provide adequate care to each foster child.

(b) The agency shall provide foster parents with instructions for contacting agency personnel at any time.

(1) Assessments;

(2) Case planning; and

(3) Casework services.

(d) An agency caseworker shall not have more than twenty-five (25) children’s cases at a time.

(e) An agency caseworker shall visit the child in person at least monthly while the child is in foster care.

(f)(1) The agency shall ensure that each child in foster care has a medical exam at least annually.

(2) Medical exams need not be repeated during the year if a child moves from one (1) facility or agency to another, provided the results of the exam are available to the receiving facility or agency.

(g)(1) The agency shall remain legally responsible for the supervision and decision-making regarding foster children.

(2) Foster parents have daily responsibility for the care of the children.

(h) The agency shall have a written plan that provides foster parents with timely reimbursements for costs of care and fees for services.

(i) The agency shall develop respite care and babysitting policies.

(j) Respite care:

(1) Shall occur in an agency-approved foster home; and

(2) Shall not exceed fourteen (14) consecutive days.

(k)(1) If the agency receives a report of noncompliance with licensing standards, the agency shall investigate the report of noncompliance.

(2) A report of findings and any corrective action shall be maintained in the foster home record.

(3) The investigation shall be completed within sixty (60) days of receiving the report of noncompliance unless good cause is documented.

(l)(1) The agency shall maintain a record for each foster family that contains all information and documentation required by licensing standards.

(2) This record shall include:

(A) Complete and signed application;

(B) Approval letter;

(D) Minimum age verification;

(E) Three (3) positive references;

(F) Initial physical exam;

(G) Pre-service training verification;

(H) Initial and current criminal background, Child Maltreatment Central Registry, and Federal Bureau of Investigation checks, as required;

(I) Initial and current CPR and first aid certification;

(J) Current health immunizations of children or exemption;

(K) Current auto insurance;

(L) Current homeowner’s or renter’s insurance and general liability insurance;

(M) Current rabies vaccinations for household pets, as required by law;

(N) Documentation of annual training;

(O) Safety plans;

(P) Social media confidentiality documentation;

(Q) Surveillance documentation, if applicable;

(R) Floor plan;

(S) Annual water test results, if applicable;

(T) Approved alternative fire escape route, if applicable;

(U) Documentation of quarterly monitoring visits, including unannounced visits;

(V) Documentation of annual reevaluations;

(W) Reports of noncompliance with licensing standards, including findings and any corrective actions; and

(X) Closing summary.

(m) If the home closes, the agency shall prepare a closing summary, including reasons for closure.

(n) The agency shall promptly notify Arkansas’s office of the Interstate Compact on the Placement of Children, Arkansas Code § 9-29-201 et seq., upon discharging a child from outside Arkansas.

(o) The agency shall approve and document the use of all surveillance devices used in the home.

History

Codification Notes: “CPR” means cardiopulmonary resuscitation. Authority: Arkansas Code § 9-28-403

9 CAR § 30-319 Monitoring and reevaluation {#sec-9-car-30-319 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-319}

9 CAR § 30-319. Monitoring and reevaluation.

(a)(1) The agency shall monitor the foster home at least quarterly for continued compliance with licensing standards for foster homes.

(2) This does not apply to foster homes for infants in short-term foster care awaiting adoptive placement.

(3) Before a child can be placed in such a foster home, a monitoring visit shall be done within the three (3) months prior to placement.

(b) At least one (1) unannounced quarterly visit shall be conducted annually and shall be documented as unannounced in the foster home record.

(c)(1) The child placement agency shall conduct an annual reevaluation of the foster family home.

(2) Any foster home that does not substantially comply with the standards for approval shall not be approved for placement until compliance is achieved.

(d) The agency shall keep documentation of quarterly monitoring visits and annual reevaluations in the foster home record, signed, and dated by the person conducting the visit and the foster parent.

(e) If the foster family experiences any major life changes, for example, marriage, divorce, separation, health problems, death, change of residence, or change of household composition, the child placement agency shall reevaluate the home at that time.

(f) If a home is inactive or closed for one (1) year or more and desires to reopen, the agency shall:

(1) Conduct a reevaluation to ensure that licensing requirements are met;

(2) Ensure that new background checks are conducted;

(3) Ensure that CPR and first aid training is current; and

(4) Evaluate any major changes, that being subsection (e) of this section.

History

Codification Notes: “CPR” means cardiopulmonary resuscitation. Authority: Arkansas Code § 9-28-403

9 CAR § 30-320 Discharge {#sec-9-car-30-320 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-320}

9 CAR § 30-320. Discharge.

(a) The discharge of any child shall be planned by agency staff.

(b) The agency may discharge a child on an emergency basis if failure to do so could result in:

(1) Harm to the child or other persons; or

(2) Significant property damage.

(1) Their parent;

(2) Their guardian;

(3) A person with authorization from their parent or guardian; or

(4) A person authorized by court order to assume custody of the child.

(d) The agency shall:

(1) Complete a discharge statement on each child, including the date of and reason for discharge; and

(2) Provide a copy of it to the child’s custodian.

(e) Documentation of the discharge shall be maintained in the child’s record.

Subpart 4

9 CAR § 30-401 Applicable standards {#sec-9-car-30-401 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-401}

9 CAR § 30-401. Applicable standards.

In addition to all standards in 9 CAR § 30-201 et seq., the following standards shall be met in order to be licensed as a therapeutic foster care agency.

9 CAR § 30-402 Admission {#sec-9-car-30-402 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-402}

9 CAR § 30-402. Admission.

(a) Each agency shall establish written criteria for admitting as well as excluding children.

(b) The agency shall not admit any child for whom the agency cannot provide adequate care.

(1) A medical exam within one (1) year before admission; or

(2) An appointment scheduled within one (1) week after admission.

(d) Each child shall have proof of current immunizations, a letter of exemption in accordance with the Department of Health, or an appointment scheduled within one (1) week after admission.

(e) The agency shall obtain written authority from the parent or parents, guardian or guardians, or court before placement, or within seventy-two (72) hours in an emergency placement.

(f) The agency shall obtain written authority for medical care for the child from the parent or parents, guardian or guardians, court at the time of placement, or within seventy-two (72) hours in an emergency placement.

(g) The agency shall comply with the Interstate Compact on the Placement of Children, Arkansas Code § 9-29-201 et seq., when placing or admitting children from outside Arkansas.

(h) A dependent juvenile of a parent who is in the custody of the Division of Children and Family Services shall be subject to all rules regarding:

(1) Space;

(2) Ratio;

(3) Health; and

(4) Safety.

9 CAR § 30-403 Intake and assessment {#sec-9-car-30-403 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-403}

9 CAR § 30-403. Intake and assessment.

(a) Intake information shall be completed on each child in care within ten (10) working days after admission.

(b) The intake information shall include:

(1) Demographic information on the child and parent or parents, including:

(A) Name;

(B) Address;

(D) Gender;

(E) Race; and

(F) Religious preference;

(2) A factual description of the circumstances requiring placement;

(3) A brief social history of the family;

(4) The child’s current legal status or custody;

(5) Any history of previous placements outside the family, if applicable; and

(6) An assessment of services needed to ensure the health and welfare of the child, including medical history and psychological history.

(c)(1) The agency shall:

(A) Obtain copies of legal documents within thirty (30) days of admission; or

(B) Document its attempts to obtain the documents.

(2) The legal documents shall include without limitation:

(A) Birth certificates;

(B) Social Security cards; and

(A) Arson;

(B) Physical aggression;

(D) Suicidal behaviors or other self-harming tendencies.

(2) This plan shall:

(A) Identify the behavior or problem; and

(B) Specify the safeguards that are to be implemented.

(3) A copy of the plan shall be provided to the direct caregiver or caregivers, as well as a copy being placed in the child’s case file.

9 CAR § 30-404 Treatment planning {#sec-9-car-30-404 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-404}

9 CAR § 30-404. Treatment planning.

(a)(1) A treatment plan shall be developed for each child placed into a foster home by a child placement agency.

(2) The plan shall address the child’s needs as identified in the intake information.

(b) When a placement agency places a child with another placement agency, the receiving agency shall develop a treatment plan for each child received for care.

(d)(1) The treatment plan shall be developed after a staffing.

(2) If applicable, the parents, foster parents, facility staff, caseworker, social worker, or probation officer, and the child shall be invited to the staffing.

(e) The child’s treatment plan shall contain, at a minimum:

(1) Specific needs of the child;

(2) Plan for meeting child’s needs;

(3) Special treatment issues, for example, psychotropic medications, sexual misconduct, and neurological disorders, shall be identified, with a statement of how the special needs shall be met;

(4) A plan to ensure that the child’s educational needs are met according to applicable state law;

(5) Visitation plan, if applicable; and

(6) Date of next review of the treatment plan.

(f) If independence is a goal, the treatment plan shall include training in independent living skills.

(g) Foster parents shall be included in treatment planning for each child.

(h) Foster parents shall be provided a copy of the child’s current treatment plan.

(i) A copy of the treatment plan shall be made available to the parent or parents, guardian or guardians, court, or other agencies involved in the delivery of case plan services, if applicable.

(j) The treatment plan shall be:

(1) Reviewed at least semiannually; and

(2) Updated to reflect the child’s progress.

(k) If treatment services are contracted, there shall be evidence of participation by the contracted therapist in treatment planning reviews and individualized program implementation.

9 CAR § 30-405 Children’s records {#sec-9-car-30-405 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-405}

9 CAR § 30-405. Children’s records.

(a) The agency shall keep a confidential case record for each child that includes the following:

(1) Demographic information;

(2) Plan of safe care, if applicable;

(3) A complete intake;

(4) Consents, including consent for medical care, and authority to place the child;

(5) Interstate Compact on the Placement of Children, Arkansas Code § 9-29-201 et seq., information, if applicable;

(6) Treatment plans and treatment plan reviews;

(7) Copies of legal documents, for example, birth certificates, Social Security cards, or court orders, or documentation of its attempts to obtain the documents;

(8) Physical exams and immunization records, or documentation of its attempts to obtain the documents;

(9) Psychological reports, if applicable;

(10) Educational reports, if applicable;

(11) Disciplinary and incident reports, if applicable;

(12) Records of visitation and family contacts, if applicable;

(13) Documentation of casework services and child contact, current to within one (1) month of occurrence; and

(14) Discharge statement.

(b) Records for each child shall be kept for five (5) years from the date of discharge, unless otherwise specified by Arkansas law.

9 CAR § 30-406 Behavior management {#sec-9-car-30-406 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-406}

9 CAR § 30-406. Behavior management.

(a) The agency shall have a written discipline policy that is consistently followed.

(b) Discipline shall be directed toward teaching the child acceptable behavior and self-control.

(1) Age;

(2) Development; and

(3) History, including trauma history.

(d) The following disciplinary actions shall not be used:

(1) Denial of:

(A) Meals;

(B) Sleep;

(D) Essential clothing; or

(E) Case plan activities;

(2)(A) Denial of parental visits or regular phone and mail contact with family.

(B) Nondisciplinary case planning issues are accepted;

(3) Lewd or obscene language;

(4) Derogatory comments about the child or the child’s:

(A) Family;

(B) Race; or

(5) Restriction to a room for more than a short period of time without periodic observation;

(6) Restriction to a dark room or area;

(7) Locked isolation;

(8) Physical injury or threat of bodily harm;

(9) Humiliating or degrading action;

(10) Extremely strenuous work or exercise;

(11) Mechanical or chemical restraints; and

(12) Corporal punishment.

(e) Physical restraint:

(1) Shall be initiated only by a trained person, only to prevent injury to:

(A) The child;

(B) Other people; or

(2) Shall not be initiated solely as a form of discipline.

(f) A child shall not be allowed to administer discipline, except teen parents may discipline their own children under the supervision and guidance of the foster parent.

(g) Searches of a child or a child’s personal property shall be:

(1) For reasons limited to safety and security of children and foster family; or

(2) In cases of suspected theft.

(h) Any searches requiring removal of clothing shall be done in privacy.

9 CAR § 30-407 Foster parent qualifications {#sec-9-car-30-407 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-407}

9 CAR § 30-407. Foster parent qualifications.

(a) In a two-parent home:

(1) Both shall be joint applicants; and

(2) Each signs the application and participates in the approval process.

(b) Foster parents shall be at least twenty-one (21) years of age.

(d) Foster parents shall be physically, mentally, and emotionally capable of caring for children.

(e) The physical health of the foster parents shall be equal to the stress inherent in the care of special needs children, as evidenced by the physician’s statement.

(f) The foster family shall provide documentation of sufficient financial resources to meet their needs.

(g) All family members under eighteen (18) years of age in the household shall have proof of current health immunizations or an exemption in accordance with the Department of Health.

(h) When routine childcare is needed, foster children shall:

(1) Attend licensed childcare; or

(2) Have an agency-approved caregiver.

9 CAR § 30-408 Content of the home study {#sec-9-car-30-408 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-408}

9 CAR § 30-408. Content of the home study.

(a) The agency shall complete a home study for each foster home.

(b) The agency shall conduct at least one (1) scheduled in-home interview for each household member to:

(1) Observe family functioning; and

(2) Assess the family’s capacity to meet the needs of children in foster care.

(d) The home study shall include the following information:

(1) Motivation. The individual’s motivation for becoming foster parents;

(2) Household composition. The full legal names, birthdates, relationships to one another, and a brief physical description of everyone residing in the home;

(3) Housing. Address, location, and type of structure as well as the upkeep and housekeeping standards, sleeping arrangements, length of time at residence, and future residence plans of the facility’s occupants;

(4) Safety hazards. An assessment of the safety of the home and grounds including:

(A) Water hazards;

(B) Swimming pools;

(D) Dangerous pets; and

(E) Other hazardous items and areas;

(6) Health. Current health of each family member, including:

(A) Prior illnesses or medical problems;

(B) Disabilities;

(D) Counseling (dates and purposes); and

(E) Hospitalization for:

(i) Alcohol abuse;

(ii) Drug abuse; or

(iii) Mental illness;

(7) Education. Parents’:

(A) Educational attainment;

(B) Future educational plans; and

(8) Childcare arrangements or plans. Current arrangement or proposed arrangement as it relates to their working hours and income;

(9) Child rearing practices. Purpose of behavior management, behavior guidance practices, how they show affection, and how they handle:

(A) Stress;

(B) Allowance;

(D) Homework;

(10) Daily schedule;

(11) Social history. Highlights and verification regarding action of marriages and divorces, children, relationships’ support system, future plans, any significant extended family members not living in the home, and any significant personal, developmental, personality, or legal problems;

(12) Family activities. Religious interests, social organizations, activities with children, and family roles;

(13) Impressions, conclusions, and recommendations. Evaluate the family’s situation and ability to provide for a child based on the information obtained during the home study; and

(e) The placement agency may require further documentation or evaluation to determine the suitability of the home.

9 CAR § 30-409 Physical requirements of the home {#sec-9-car-30-409 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-409}

9 CAR § 30-409. Physical requirements of the home.

(a) The foster home shall have access to community resources needed by foster children.

(b) The foster home shall be clean and free of hazards.

(c)(1) The foster home shall have a continuous supply of sanitary drinking water.

(2) If the source is not a municipal water system, the water shall be tested and approved annually by the Department of Health.

(3) This approval will be added to the foster home case record.

(d) The foster home shall have at least one (1):

(1) Flushing toilet;

(2) Sink with running water; and

(3) Bathtub or shower with hot and cold running water.

(e) An operational smoke detector is required for each bedroom.

(f) An operational chemical fire extinguisher must be readily accessible near the cooking area of the home.

(g) The foster parents shall:

(1) Practice and document emergency evacuation drills with each new child entering the home; and

(2) Repeat at least quarterly thereafter.

(h) All heating units with hot external areas shall be screened or otherwise shielded.

(i) The home shall have:

(1) At least one (1) exterior door that exits directly to the outside; or

(2) An alternate fire escape route.

(j)(1) The home shall have an operational telephone that is accessible to children.

(2) Working cell phones kept on the premises are acceptable.

(k) Each child shall have adequate space for storing clothing and personal belongings.

(l) All household pets shall have proof of current rabies vaccinations as required by Arkansas law.

(m) All firearms shall be:

(1) Maintained in a secure, locked location; or

(2) Secured by a trigger lock.

(n) All ammunition shall be secured and locked separately from firearms unless it is stored in a safe, for example, a handgun safe or a long gun safe.

(o)(1) The foster home record shall contain an agency-approved safety plan for any noted hazards.

(2) The safety plan shall be signed by:

(A) All caregivers in the foster home; and

(B) An agency representative.

(p) A current floor plan of the home with room dimensions for all rooms used for sleeping shall be in the foster home record.

(q)(1) Manufactured homes used as foster homes shall have an agency-approved plan for tornado safety.

(2) The safety plan shall be signed by:

(A) All caregivers in the foster home; and

(B) An agency representative.

(r) The foster home shall be a house, a mobile home, housing unit, or apartment occupied by an individual or a family.

(s) The foster home, grounds, and all structures on the property shall be:

(1) Maintained in a clean, safe, and sanitary condition; and

(2) In a reasonable state of repair within community standards.

(t) The foster home interior and exterior must be free from:

(1) Dangerous objects;

(2) Dangerous conditions; and

(3) Hazardous materials.

(u) All poisonous materials, cleaning supplies, other hazardous materials, and alcoholic beverages shall be stored in an area not readily accessible to children, as appropriate for the age and development of each child.

(v) The foster home shall have proper trash and recycling disposal.

(w) The foster home shall be free of rodent and insect infestation.

(x) The foster home shall be equipped with a functional kitchen that includes:

(1) A sink with hot and cold running water;

(2) A refrigerator;

(3) A stove; and

(4) An oven.

(y) The foster home shall have adequate lighting and ventilation.

(z) The foster home shall have a heating, ventilating, and air conditioning source, maintained in safe operating condition, that keeps the temperature a:

(1) Minimum of sixty-five degrees (65°); and

(2) Maximum of eighty-five degrees (85°).

(aa) The foster home shall be free of obvious fire hazards such as defective heating equipment or improperly stored flammable materials.

(bb) There shall be an operational smoke detector on each level of occupancy of the foster home.

(cc) There shall be a carbon monoxide detector:

(1) On each level of occupancy of the foster home; and

(2) Near all sleeping areas.

(ee) The foster home shall maintain adequate first aid supplies for emergencies.

(ff) Foster parents shall maintain a list of emergency telephone numbers, including poison control, and shall post it in a prominent place.

(gg) Foster parents shall not permit a child to enter a pool area unless accompanied by an adult.

(hh)(1) The foster home record shall contain a water safety plan for supervision of children during water activities.

(2) The plan shall be signed by:

(A) All caregivers in the foster home; and

(B) An agency representative.

(ii)(1) Swimming pools shall be enclosed or shall have an approved manual or power-operated child safety cover that meets the standards of ASTM International adopted by the Consumer Product Safety Commission.

(2) Please note that solar pool covers and winter pool covers are not safety covers.

(jj) In-ground pools without an approved child safety cover shall be protected by an enclosure (wall, fence, or barrier) that surrounds the pool area.

(kk) Unless local code provides otherwise, an enclosure shall meet the following:

(1) Entirely enclose the pool area;

(2) Be at least four feet (4’) high; and

(3) Swimming pools must have their methods of access through the barrier equipped with a safety device such as a bolt lock.

(ll)(1) The wall of a house or other building shall not be used in lieu of a barrier to the pool, with the exception of a solid wall that does not contain any doors.

(2) When a wall is used as a barrier, the remaining three (3) sides shall:

(A) Be protected by an enclosure (wall, fence, or barrier) that surrounds the pool area; or

(B) Have an approved child safety cover.

(3) The enclosure shall meet the following:

(A) Entirely encloses the pool area;

(B) Be at least four feet (4’) high; and

(C) Swimming pools must have their methods of access through the barrier equipped with a safety device such as a bolt lock.

(mm) All above-ground pools shall have:

(1) Nonclimbable exterior side walls with a minimum height of four feet (4’); and

(2) Access ladders or steps that are removable and able to be secured when the pool is not in use.

(nn) Swimming pools shall be equipped with a lifesaving device such as a ring buoy.

(oo) All portable pools (inflatable and wading pools) shall be fenced or emptied after every use.

(pp) Swimming pools that cannot be emptied after each use shall have a working pump and filtering system.

(qq) Hot tubs and spas shall have locking safety covers that are locked when not in use.

9 CAR § 30-410 Sleeping arrangements {#sec-9-car-30-410 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-410}

9 CAR § 30-410. Sleeping arrangements.

(a) Each household occupant shall have a bedroom that provides privacy.

(b) Each bedroom shall have at least fifty square feet (50 sq. ft.) of floor space per occupant.

(d)(1) Bars, grills, grates, or other items that block access to the window are permitted only if they can be removed from the inside without the use of a key, tool, or force greater than that required for normal operation of the window.

(2) In this event, each such bedroom shall have a working smoke detector.

(e) No more than four (4) children shall share a bedroom.

(f) Each foster child shall be provided a safe bedroom, appropriate for the child’s age and needs, that includes a bed with a mattress, sheets, a pillow, a pillowcase, and adequate cover, all in good condition and similar to those provided to other household members.

(g) Children of the opposite sex shall not share the same bedroom if either child is four (4) years of age or older, except for a teen parent in foster care with her child.

(h) No children shall share a bed if either child is four (4) years of age or older.

(i) Children under six (6) years of age cannot occupy a top bunk.

(j)(1) Foster children, except infants under two (2) years of age, shall not share a sleeping room with adults.

(2) This age would increase through four (4) years of age for a:

(A) Grandparent to the child; or

(B) Teen parent in foster care with her child.

(k) All cribs used for children shall have current certification of compliance with Consumer Product Safety Commission standards.

(l)(1) Children twelve (12) months of age and below shall be placed flat on their backs to sleep, in accordance with American Academy of Pediatrics guidelines, to lessen the risk of suffocation and Sudden Infant Death Syndrome.

(2) If a child rolls over on their own, the facility is not required to reposition the child.

(3) If there is a medical reason a child cannot sleep on their back, a signed statement from the child’s physician shall be in the file stating the:

(A) Reason;

(B) Sleep position indicated; and

(m) Bedding shall be changed at least weekly, or more often if needed.

(n) Foster parents shall not co-sleep or share a bed with a foster child of any age, including infants.

9 CAR § 30-411 Approval of foster homes {#sec-9-car-30-411 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-411}

9 CAR § 30-411. Approval of foster homes.

(a) A foster home can be approved only by one (1) agency.

(b) At least three (3) positive personal references shall be obtained on the foster family including at least one (1) from a relative and one (1) from a nonrelative.

(d) Foster parents shall be trained in crisis prevention and intervention before a child is placed in the home.

(e) Pre-service training shall include the following topics:

(1) Legal rights;

(2) Roles, responsibilities, and expectations of foster parents;

(3) Agency:

(A) Structure;

(B) Purpose;

(D) Services;

(4) Laws, rules, and regulations as related to foster homes or foster children;

(5) The impact of childhood trauma;

(6) Managing child behaviors;

(7) Medication administration; and

(8) The importance of maintaining meaningful connections between the child and parents, including regular visitation.

(f) Prior to the placement of children in their home, foster parents shall complete at least thirty (30) hours of skill-based pre-service training, excluding CPR and first aid, consistent with the:

(1) Agency’s treatment methodology; and

(2) Needs of the population served.

(g)(1) Foster parent or parents shall have a current certificate of completion of first aid and CPR before a child is placed in the home.

(2) The training shall require hands-on, skill-based instruction, as well as practical testing.

(3) Training and certification that is provided solely online will not be accepted.

(h) Foster parents shall provide documentation that they carry:

(1) Homeowner’s or renter’s insurance; and

(2) General liability insurance.

(i) Foster homes shall not also operate as childcare family homes.

(j) Foster homes shall not provide compensated care for any nonrelated adults in the foster home unless providing transitional care for a person placed in care prior to eighteen (18) years of age.

(k) There shall be an annual approval letter from the approving agency in the foster home record.

(l) If a foster home moves from one (1) placement agency to another, all requirements for opening a new foster home shall be met.

(m) Foster parents must be able to communicate with:

(1) The foster child;

(2) The placement agency;

(3) Healthcare providers; and

(4) Other service providers.

(n) At least one (1) foster parent in the home must have functional literacy, such as having the ability to read medication labels.

History

Codification Notes: “CPR” means cardiopulmonary resuscitation. Authority: Arkansas Code § 9-28-403

9 CAR § 30-412 Selection of foster home {#sec-9-car-30-412 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-412}

9 CAR § 30-412. Selection of foster home.

(a)(1) The agency shall select the home that is:

(A) In the best interest of the child;

(B) The least restrictive possible; and

(2) The placement decision shall be based on an individual assessment of the child’s needs.

(b) No children shall be placed in a foster home unless there is an approval letter in the record from the approving agency.

(e) Foster homes shall not have more than two (2) children under two (2) years of age, including the foster parent’s own children.

(f)(1) The number of children placed into one (1) therapeutic foster home shall not exceed two (2), except to keep a sibling group together.

(2) In that case, up to a maximum of three (3) children may be placed into the home.

(3) The sibling group shall be the only children placed into the therapeutic foster home.

(4) There shall be no more than five (5) total children in the home, including the foster parent’s children.

(5) This includes placement or respite care.

(6) In the case of an emergency respite placement that would exceed capacity, the agency shall notify the Child Welfare Agency Licensing Unit the next business day.

(g)(1) Before placing more than one (1) child, therapeutic or otherwise, in a home, the agency shall consider extraordinary problems and needs of each child, for example:

(A) Violent behavior;

(B) Sexual offenses; and

(2) Justification of the appropriateness of placing a child in a home with another child shall be documented.

(h) Nontherapeutic foster children may be placed into therapeutic foster homes under any of the following circumstances:

(1) The nontherapeutic foster child is a sibling of the therapeutic foster child;

(2) The nontherapeutic foster child is the child of the therapeutic foster child;

(3) The nontherapeutic foster child was previously a therapeutic foster child placed in the foster home; or

(4) The nontherapeutic foster child is placed as an emergency placement for a maximum of twenty-one (21) days.

(i)(1) Before placing a nontherapeutic foster child into a therapeutic foster home with a therapeutic foster child, the agency shall consider the potential risk to the nontherapeutic foster child.

(2) Justification of the appropriateness of placing a nontherapeutic child in a home with another therapeutic foster child shall be documented.

(3) The agency shall maintain 9 CAR § 30-301 et seq., standards in reference to the:

(A) Nontherapeutic foster child’s record; and

(B) Services the agency provides to the child.

(j)(1) No new placements of children shall occur with foster parents who have not satisfied the annual training requirements.

(2) Administrative-level staff designated by the agency director may grant an exemption to this restriction for up to sixty (60) days.

(3) The administrator shall review the quality of care provided by the foster parents and the reasons for failing to complete the training on time in deciding whether to grant an exception.

9 CAR § 30-413 Continued training of foster parents {#sec-9-car-30-413 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-413}

9 CAR § 30-413. Continued training of foster parents.

(a) Each therapeutic foster parent shall complete at least twenty-four (24) hours of skill-based training annually, excluding CPR and first aid.

(b) Documentation verifying annual training shall indicate the:

(1) Date;

(2) Number of hours;

(3) Name of the source;

(4) Topic; and

(5) Title.

(c)(1) Each foster parent shall maintain a current certificate of successful completion of hands-on, skill-based CPR and first aid.

(2) Training and certification that is provided solely online will not be accepted.

(d) Foster parents shall participate in ongoing training to receive instruction that:

(1) Supports their parental roles; and

(2) Ensures the foster parent is up-to-date with agency and licensing requirements.

(e) Note. Annual training may include without limitation:

(1) Child-specific training; or

(2) Issues relevant to the general population of children in foster care.

History

Codification Notes: “CPR” means cardiopulmonary resuscitation. Authority: Arkansas Code § 9-28-403

9 CAR § 30-414 Therapeutic foster parent responsibilities {#sec-9-car-30-414 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-414}

9 CAR § 30-414. Therapeutic foster parent responsibilities.

(1) Age;

(2) Individual differences and abilities;

(3) Surrounding circumstances;

(4) Hazards; and

(5) Risks.

(b) Foster parents shall provide each child with adequate and nutritious food.

(c) Foster parents shall provide regular activities to promote the physical, social, intellectual, spiritual, and emotional development of the children in their care.

(d) Foster parents shall provide each child with their own clothing that is:

(1) Clean;

(2) Well-fitted;

(3) Seasonal;

(4) Appropriate to age and gender; and

(5) Comparable to community standards.

(e) Foster parents shall allow foster children to acquire and keep personal belongings.

(f) Foster parents shall fully cooperate with the child placement agency’s case plan for each foster child, including visitation.

(g) Foster parents shall provide routine transportation for each child.

(h) Foster parents shall participate in case planning and case plan reviews.

(i) Foster parents shall:

(1) Attend school conferences concerning a foster child; and

(2) Notify the placing agency of any situations that may affect the case plan or require agency involvement.

(j) Foster parents shall notify the child placement agency promptly of serious illness, injury, or unusual circumstances affecting the health, safety, or welfare of the foster child.

(k) Foster parents shall:

(1) Cooperate with the child placement agency and the Child Welfare Agency Licensing Unit in conducting inspections and investigations; and

(2) Provide information required to verify compliance with rules.

(l) Foster parents shall maintain absolute confidentiality of private information about each foster child and the birth family.

(m) Foster parents shall give advance notice to the agency of any major changes that affect the life and circumstances of the foster family, including a change of residence, when possible.

(2) These items shall be provided to the child upon change in placement.

(o) Foster parents shall be provided with a written list of duties clearly detailing their responsibilities.

(p) Foster parents shall be responsible for implementing in-home treatment strategies specified in each child’s treatment plan.

(q) Foster parents shall keep an ongoing written record of each child’s behavior and progress toward treatment goals.

(r) Foster parents shall ensure that each child has sufficient sleep for their age and physical condition.

(s) Foster parents shall instruct each child in good grooming and personal hygiene habits.

(t) Foster parents shall ensure each child is provided with opportunities for regular recreational activities and exercise.

(u) Foster parents shall provide each child with age-appropriate activities and equipment.

(v) Foster parents shall monitor and time-limit the use of:

(1) Television;

(2) Videos;

(3) Computer games; and

(4) Other screen time activities.

(w) Foster parents shall adhere to the placement agency’s reasonable and prudent parent standard.

History

Codification Notes: “CPR” means cardiopulmonary resuscitation. Authority: Arkansas Code § 9-28-403

9 CAR § 30-415 Medications {#sec-9-car-30-415 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-415}

9 CAR § 30-415. Medications.

(a) The agency shall have an intervention policy that is nonmedical unless a specific medical condition is indicated.

(b) When psychotropic medications are prescribed by a physician, they shall be used in concert with other interventions.

(c)(1) Foster parents shall administer medications only in accordance with directions on the label.

(2) All over-the-counter medications shall be stored in an area not readily accessible to children, according to the age and development of each child in the home.

(3)(A) All prescription medications excluding EpiPens, inhalers, and glucagon kits shall be locked.

(B) An age-appropriate and developmentally capable child may be provided or have access to nonnarcotic prescriptions with an approved safety plan.

(i) Birth control;

(ii) Acne creams; and

(iii) Topical creams.

(d) Medication shall be stored in accordance with pharmaceutical recommendations.

(e) Foster parents shall be aware of possible side effects of all medications administered to foster children.

(f) All medications shall be logged by the foster parent at the time the medication is administered.

(g) The medication logs shall include:

(1) Child’s name;

(2) Time and date;

(3) Medication and dosage; and

(4) Initials of the person administering the medication.

(h) All currently prescribed medication shall be provided at placement.

9 CAR § 30-416 Transportation {#sec-9-car-30-416 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-416}

9 CAR § 30-416. Transportation.

(a) Foster families shall have their own transportation available.

(b) Any vehicles used to transport foster children shall be maintained in compliance with motor vehicle laws and be insured.

(c) Children shall be transported only by foster parents or persons approved by the foster parents who possess a valid driver’s license.

(d) Children shall be transported according to Arkansas law, including without limitation:

(1) Use of safety belts;

(2) Child safety seats; and

(3) Smoking restrictions.

9 CAR § 30-417 Visitation {#sec-9-car-30-417 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-417}

9 CAR § 30-417. Visitation.

(a) The agency that has legal responsibility for the child shall develop a visitation plan that specifies when and how visits will occur between the child and the parents.

(b) The child placement agency shall carry out the visitation plan to meet the terms of the plan.

9 CAR § 30-418 Staffing requirements, staff training, and support {#sec-9-car-30-418 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-418}

9 CAR § 30-418. Staffing requirements, staff training, and support.

(a) Primary responsibilities of program staff shall include:

(1) Treatment planning;

(2) Leadership of the treatment team;

(3) Case management;

(4) Clinical and administrative supervision;

(5) Twenty-four-hour crisis intervention; and

(6) Discharge planning.

(b)(1) The therapeutic foster care agency shall employ a clinical director who shall be clearly responsible for implementation of treatment planning and service delivery.

(2) The clinical director shall:

(A) Have a master’s degree in a human service field;

(B) Have two (2) years’ experience in placement or treatment; and

(c)(1) The therapeutic foster care agency shall employ at least one (1) caseworker who shall coordinate the implementation of the treatment plan.

(2) The caseworker shall either have a bachelor’s degree in a human service field or be a mental health paraprofessional.

(3) The caseworker shall be supervised by the clinical director.

(d) The agency shall assign a caseworker to each child to be responsible for doing:

(1) Assessments;

(2) Treatment planning; and

(3) Casework services.

(e) No caseworker shall be responsible for managing more than twelve (12) children’s cases.

(f) All casework staff shall be trained in crisis prevention and intervention as well as CPR and first aid within the first sixty (60) days of employment.

(g) All casework staff shall be provided with eight (8) hours of orientation either prior to employment or within the first week of employment that shall provide an overview of the following areas:

(1) The agency’s policies and procedures;

(2) The client’s rights, including confidentiality;

(3) How to handle medical and nonmedical emergencies;

(4) The caseworker’s clinical limitations;

(5) How to document clinical information in the child and family records; and

(6) General information regarding commonly prescribed medications and their side effects.

(h) The agency shall provide twenty-four-hour on-call crisis intervention support to supplement the support provided by the caseworker.

History

Codification Notes: “CPR” means cardiopulmonary resuscitation. Authority: Arkansas Code § 9-28-403

9 CAR § 30-419 Child placement agency responsibilities {#sec-9-car-30-419 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-419}

9 CAR § 30-419. Child placement agency responsibilities.

(a) The child placement agency (“agency”) shall provide the foster parents with the information necessary to provide adequate care to each foster child.

(b) The agency shall provide foster parents with instructions for contacting agency personnel any time.

(1) Once per week, during the first three (3) months after the child’s placement with the agency; and

(2) Every other week thereafter.

(d)(1) The agency shall ensure that each child in foster care has a medical exam at least annually.

(2) Medical exams need not be repeated during the year if a child moves from one (1) facility or agency to another, provided the results of the exam are available to the receiving facility or agency.

(e)(1) The agency shall remain legally responsible for the supervision and decision-making regarding foster children.

(2) Foster parents have daily responsibility for the care of the children.

(f) The agency shall have a written plan that provides foster parents with timely reimbursements for costs of care and fees for services.

(g) The agency shall develop respite care and babysitting policies.

(h) Respite care:

(1) Shall occur in an agency-approved foster home; and

(2) Shall not exceed fourteen (14) consecutive days.

(i)(1) The agency shall have a written program description that is available to:

(A) Residents;

(B) Parents; and

(2) The following information shall be included:

(A) Program philosophy and mission;

(B) Services and treatment modalities;

(D) Behavior management program and expectations of each child;

(E) Admission, exclusion, and discharge criteria; and

(F) Aftercare services.

(j) The agency shall keep documentation that includes:

(A) Prior treatment documents and intake information;

(B) Assessments;

(D) Treatment plan review;

(E) Ongoing observations;

(F) Medication and physician’s instructions, if applicable; and

(G) Progress notes.

(k) The agency shall establish procedures for hearing children’s grievances.

(l)(1) If the agency receives a report of noncompliance with licensing standards, the agency shall investigate the report of noncompliance.

(2) A report of findings and any corrective action shall be maintained in the foster home record.

(3) The investigation shall be completed within sixty (60) days of receiving the report of noncompliance unless good cause is documented.

(m)(1) The agency shall maintain a record for each foster family that contains all information and documentation required by licensing standards.

(2) This record shall include:

(A) Complete and signed application;

(B) Approval letter;

(D) Minimum age verification;

(E) Three (3) positive references;

(F) Initial physical exam;

(G) Pre-service training verification;

(H) Initial and current criminal background, Child Maltreatment Central Registry, and Federal Bureau of Investigation checks, as required;

(I) Initial and current CPR and first aid certification;

(J) Current health immunizations of children or exemption;

(K) Current auto insurance;

(L) Current homeowner’s or renter’s insurance and general liability insurance;

(M) Current rabies vaccinations for household pets as required by law;

(N) Documentation of annual training;

(O) Safety plans;

(P) Social media confidentiality documentation;

(Q) Surveillance documentation, if applicable;

(R) Floor plan;

(S) Approved annual water system test, if applicable;

(T) Approved alternative fire escape route, if applicable;

(U) Documentation of quarterly monitoring visits, including unannounced visits;

(V) Documentation of annual reevaluations;

(W) Reports of noncompliance with licensing standards, including findings and any corrective actions; and

(X) Closing summary.

(n) If the home closes, the agency shall prepare a closing summary, including reasons for closure.

(o) The agency shall promptly notify Arkansas’s office of the Interstate Compact on the Placement of Children, Arkansas Code § 9-29-201 et seq., upon discharging a child from outside Arkansas.

(p) The agency shall be aware of and approve the use of all surveillance devices used in the home.

History

Codification Notes: “CPR” means cardiopulmonary resuscitation. Authority: Arkansas Code § 9-28-403

9 CAR § 30-420 Monitoring and reevaluation {#sec-9-car-30-420 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-420}

9 CAR § 30-420. Monitoring and reevaluation.

(a) The agency shall monitor the foster home at least quarterly for continued compliance with licensing standards for foster homes.

(b) At least one (1) unannounced quarterly visit shall be conducted annually and shall be documented as unannounced in the foster home record.

(c)(1) The agency shall conduct an annual reevaluation of the foster family home.

(2) Any foster home that does not substantially comply with the standards for approval shall not be approved for placement until compliance is achieved.

(d) The agency shall keep documentation of quarterly monitoring visits and annual reevaluations in the foster home record signed and dated by the person conducting the visit and the foster parent.

(f) If a home is inactive or closed for one (1) year or more and desires to reopen, the agency shall:

(1) Conduct a reevaluation to ensure that licensing requirements are met;

(2) Ensure that new background checks are conducted;

(3) Ensure that CPR and first aid training is current; and

(4)(A) Evaluate any major changes.

(B) See subsection (e) of this section.

History

Codification Notes: “CPR” means cardiopulmonary resuscitation. Authority: Arkansas Code § 9-28-403

9 CAR § 30-421 Discharge {#sec-9-car-30-421 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-421}

9 CAR § 30-421. Discharge.

(a) The discharge of any child shall be planned by agency staff.

(b) The agency may discharge a child on an emergency basis if failure to do so could result in:

(1) Harm to the child or other persons; or

(2) Significant property damage.

(1) Their parent;

(2) Their guardian;

(3) A person with authorization from their parent or guardian; or

(4) A person authorized by court order to assume custody of the child.

(d) The agency shall:

(1) Complete a discharge statement on each child, including the date of and reason for discharge; and

(2) Provide a copy of it to the child’s custodian.

(e) Documentation of the discharge shall be maintained in the child’s record.

Subpart 5

9 CAR § 30-501 Applicable standards {#sec-9-car-30-501 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-501}

9 CAR § 30-501. Applicable standards.

In addition to all standards in 9 CAR § 30-201 et seq., the following standards shall be met.

9 CAR § 30-502 Licensing approval and monitoring {#sec-9-car-30-502 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-502}

9 CAR § 30-502. Licensing approval and monitoring.

(a)(1) At the discretion of the Child Welfare Agency Licensing Unit, a multidisciplinary team may be asked to assist the licensing specialist in the initial study or during an investigation of a licensing complaint.

(2) This team may include a licensed person with professional expertise in the appropriate field.

(b) At the discretion of the Child Welfare Agency Licensing Unit, a multidisciplinary team may be asked to assist the licensing specialist during inspections for advisory purposes.

9 CAR § 30-503 Admission {#sec-9-car-30-503 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-503}

9 CAR § 30-503. Admission.

(a) Each agency shall establish written criteria for admitting as well as excluding children.

(b) The agency shall not admit any child for whom the agency cannot provide adequate care.

(1) The child has committed a sexual offense that has been found true or exempt by an official investigation by the:

(A) Department of Human Services; or

(B) Division of Arkansas State Police;

(2) The child has committed an offense involving the use of:

(A) Power;

(B) Control;

(D) Coercion; or

(E) Intimidation;

(3) The child has committed an offense in which there was at least a three-year age difference between the offender and the victim; or

(4) The child has a documented pattern of deviant sexualized behavior, sexual misconduct, or sexually maladaptive behaviors, as indicated by the psychosexual assessment.

(d) Children admitted to the program shall have the cognitive ability to benefit from the treatment program.

(e) Each child shall have:

(1) A medical exam within one (1) year before admission; or

(2) An appointment scheduled within one (1) week after admission.

(f) Each child shall have proof of current immunizations, a letter of exemption in accordance with the Department of Health, or an appointment scheduled within one (1) week after admission.

(g) The agency shall obtain written authority from the parent or parents, guardian or guardians, or court before placement, or within seventy-two (72) hours if it is an emergency placement.

(h) The agency shall obtain written authority for medical care for the child from the placing agent at the time of admission.

(i) The agency shall comply with the Interstate Compact on the Placement of Children, Arkansas Code § 9-29-201 et seq., when placing or admitting children from outside Arkansas.

(j) The agency shall have written policies regarding:

(1) Description of the target population;

(2) Admission/exclusion criteria; and

(3) Discharge criteria.

(k)(1) The agency shall have a written policy describing the risk levels it will accept in children with sexually maladaptive behaviors who are being considered for admission.

(2) The written policy shall also describe the therapeutic interventions it will utilize for each risk level.

9 CAR § 30-504 Intake and assessment {#sec-9-car-30-504 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-504}

9 CAR § 30-504. Intake and assessment.

(a) Intake information shall be completed on each child in care within ten (10) working days after admission.

(b) The intake information shall include:

(1) Demographic information on the child and parent or parents, including:

(A) Name;

(B) Address;

(D) Gender;

(E) Race; and

(F) Religious preference;

(2) A factual description of the circumstances requiring placement;

(3) A brief social history of the family;

(4) The child’s current legal status or custody;

(5) Any history of previous placements outside the family, if applicable;

(6) An assessment of services needed to ensure the health and welfare of the child, including medical history and psychological history;

(7) A description of the offense or sexually maladaptive behavior, including police reports and victim statements, if available;

(8) A psychosexual assessment, if available; and

(9) A discharge summary from previous rehabilitative-specific treatment, if applicable and available.

(c)(1) The agency shall:

(A) Obtain copies of legal documents within thirty (30) days of admission; or

(B) Document its attempts to obtain the documents.

(2) The legal documents shall include without limitation:

(A) Birth certificates;

(B) Social Security cards; and

(d)(1) A psychosexual evaluation shall be conducted by a licensed mental health professional, as recognized by the Arkansas Medicaid Program, who:

(A) Is a member of the Association for the Treatment & Prevention of Sexual Abuse; or

(B) Has forty (40) hours of sexual rehabilitative treatment training.

(2) The evaluation shall be completed within the past twelve (12) months or within seven (7) days following the admission of the child.

(e)(1) Each child shall have been evaluated for intellectual ability, learning disabilities, and language disorders within the past eighteen (18) months.

(2) If a child is admitted without an evaluation, the evaluation shall be completed within thirty (30) days of admission.

(f) A plan of safe care shall be developed for all children with physical limitations, medical conditions, or behaviors that are indicative of harm to self or others, to include without limitation:

(1) Arson;

(2) Physical aggression;

(3) Sexual aggression; or

(4) Suicidal behaviors or other self-harming tendencies.

(g)(1) This plan shall:

(A) Identify the behavior or problem; and

(B) Specify the safeguards that are to be implemented.

(2) A copy of the plan shall be provided to the direct caregiver or caregivers, as well as a copy being placed in the child’s case file.

9 CAR § 30-505 Treatment planning {#sec-9-car-30-505 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-505}

9 CAR § 30-505. Treatment planning.

(a) The agency shall develop a treatment plan for each child that includes tasks appropriate to the needs of the child as identified in the intake information and psychosexual assessment.

(b) The child’s treatment plan shall include a diagnosis related to their sexually maladaptive behavior.

(c) When a placement agency places a child with another placement agency, the receiving agency shall develop a treatment plan for each child received for care.

(d) The treatment plan shall be developed within thirty (30) days after placement.

(e) The child’s treatment plan shall contain, at a minimum:

(1) Specific needs of the child;

(2) Plan for meeting child’s needs;

(3) Special treatment issues, for example, psychotropic medications, sexual misconduct, and neurological disorders, shall be identified, with a statement of how the special needs shall be met;

(4) A plan to ensure that the child’s educational needs are met according to applicable state law;

(5) Visitation plan, if applicable; and

(6) Date of next review of the treatment plan.

(f) If independence is a goal, the treatment plan shall include training in independent living skills.

(g) Foster parents shall be included in treatment planning for each child.

(h) Foster parents shall be provided a copy of the child’s current treatment plan.

(i) A copy of the treatment plan shall be made available to the parent or parents, guardian or guardians, court, or other agencies involved in the delivery of case plan services, if applicable.

(j) The child’s treatment plan shall be reviewed quarterly and shall be updated to reflect the child’s progress.

(k) If treatment services are contracted, there shall be evidence of participation by the contracted therapist in treatment planning reviews and individualized program implementation.

9 CAR § 30-506 Children’s records behavior management {#sec-9-car-30-506 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-506}

9 CAR § 30-506. Children’s records behavior management.

(a) The agency shall keep a confidential case record for each child that includes the following:

(1) Demographic information;

(2) Plan of safe care, if applicable;

(3) A complete intake;

(4) Consents, including consent for medical care, and authority to place the child;

(5) Interstate Compact on the Placement of Children, Arkansas Code § 9-29-201 et seq., information, if applicable;

(6) Treatment plans and treatment plan reviews;

(7) Copies of legal documents, for example, birth certificates, Social Security cards, or court orders, or documentation of its attempts to obtain the documents;

(8) Physical exams and immunization records, or documentation of its attempts to obtain the documents;

(9) Psychological reports, if applicable;

(10) Psychosexual evaluation;

(11) Educational reports, if applicable;

(12) Disciplinary and incident reports, if applicable;

(13) Records of visitation and family contacts, if applicable;

(14) Documentation of casework services and child contact, current to within one (1) month of occurrence; and

(15) Discharge statement.

(b) Records for each child shall be kept for five (5) years from the date of discharge, unless otherwise specified by Arkansas law.

(c)(1) The agency shall have a written plan providing for appropriate supervision of children during activities away from the foster home.

(2) A copy of the plan shall be:

(A) Provided to the direct caregiver or caregivers; and

(B) Placed in the child’s record.

9 CAR § 30-507 Behavior management {#sec-9-car-30-507 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-507}

9 CAR § 30-507. Behavior management.

(a) The agency shall have a written discipline policy that is consistently followed.

(b) Discipline shall be directed toward teaching the child acceptable behavior and self-control.

(1) Age;

(2) Development; and

(3) History, including trauma history.

(d) The following disciplinary actions shall not be used:

(1) Denial of:

(A) Meals;

(B) Sleep;

(D) Essential clothing; or

(E) Case plan activities;

(2)(A) Denial of parental visits or regular phone and mail contact with family.

(B) Nondisciplinary case planning issues are accepted;

(3) Lewd or obscene language;

(4) Derogatory comments about the child or the child’s:

(A) Family;

(B) Race; or

(5) Restriction to a room for more than a short period of time without periodic observation;

(6) Restriction to a dark room or area;

(7) Locked isolation;

(8) Physical injury or threat of bodily harm;

(9) Humiliating or degrading action;

(10) Extremely strenuous work or exercise;

(11) Mechanical or chemical restraints; and

(12) Corporal punishment.

(e) Physical restraint:

(1) Shall be initiated only by a trained person, only to prevent injury to:

(A) The child;

(B) Other people; or

(2) Shall not be initiated solely as a form of discipline.

(f) A child shall not be allowed to administer discipline, except teen parents may discipline their own children.

(g) Searches of a child or a child’s personal property shall be:

(1) For reasons limited to safety and security of children and the foster family; or

(2) In cases of suspected theft.

(h) Any searches requiring removal of clothing shall be done in privacy.

9 CAR § 30-508 Foster parent qualifications {#sec-9-car-30-508 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-508}

9 CAR § 30-508. Foster parent qualifications.

(a) In a two-parent home:

(1) Both shall be joint applicants; and

(2) Each signs the application and participates in the approval process.

(b) Foster parents shall be at least twenty-one (21) years of age.

(d) Foster parents shall be physically, mentally, and emotionally capable of caring for children with sexual behavioral problems or issues.

(e) The physical health of the foster parents shall be equal to the stress inherent in the care of special needs children, as evidenced by the physician’s statement.

(f) The foster family shall provide documentation of sufficient financial resources to meet their needs.

(g) All family members under eighteen (18) years of age in the household shall have proof of current health immunizations or an exemption in accordance with the Department of Health.

(h) When routine child care is needed, foster children shall:

(1) Attend licensed child care; or

(2) Have an agency-approved caregiver.

9 CAR § 30-509 Content of the home study {#sec-9-car-30-509 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-509}

9 CAR § 30-509. Content of the home study.

(a) The agency shall complete a home study for each foster home.

(b) The agency shall conduct at least one (1) scheduled in-home interview for each household member to:

(1) Observe family functioning; and

(2) Assess the family’s capacity to meet the needs of children in foster care.

(d)(1) The home study shall include the following information:

(A) Motivation. The individual’s motivation for becoming foster parents;

(B) Household composition. The full legal names, birthdates, relationships to one another, and a brief physical description of everyone residing in the home;

(C) Housing. Address, location, and type of structure as well as the upkeep and housekeeping standards, sleeping arrangements, length of time at residence, and future residence plans of the facility’s occupants;

(D) Safety hazards. An assessment of the safety of the home and grounds including:

(i) Water hazards;

(ii) Swimming pools;

(iii) Hot tubs;

(iv) Dangerous pets; and

(v) Other hazardous items and areas;

(E) Income and expenses. Employment history for the last six (6) years (duration, salary, duties, title, degree of job security, and hours), other sources of income, monthly living expenses, outstanding debts, and insurance;

(F) Health. Current health of each family member, including:

(i) Prior illnesses or medical problems;

(ii) Disabilities;

(iii) Clinic or doctor utilized and frequency of use;

(iv) Counseling (dates and purposes); and

(v) Hospitalization for:

(a) Alcohol abuse;

(b) Drug abuse; or

(G) Education. Parents’:

(i) Educational attainment;

(ii) Future educational plans; and

(iii) Parenting classes attended;

(H) Childcare arrangements or plans. Current arrangement or proposed arrangement as it relates to their working hours and income;

(I) Child rearing practices. Purpose of behavior management, behavior guidance practices, how they show affection, and how they handle:

(i) Stress;

(ii) Allowance;

(iii) Chores; and

(iv) Homework;

(J) Daily schedule;

(K) Social history. Highlights and verification regarding action of marriages and divorces, children, relationships’ support system, future plans, any significant extended family members not living in the home, and any significant personal, developmental, personality, or legal problems;

(L) Family activities. Religious interests, social organizations, activities with children, and family roles;

(M) Impressions, conclusions, and recommendations. Evaluate the family’s situation and ability to provide for a child based on the information obtained during the home study; and

(N) Approval. If the agency approves the foster parent or parents, the agency shall recommend in the home study the number, age, gender, and other characteristics of children for whom the home is approved to provide care.

(2) The placement agency may require further documentation or evaluation to determine the suitability of the home.

9 CAR § 30-510 Physical requirements of the home {#sec-9-car-30-510 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-510}

9 CAR § 30-510. Physical requirements of the home.

(a) A sexual rehabilitative foster home shall not be located within one thousand feet (1,000′) of:

(1) An elementary school;

(2) A childcare center; or

(3) A childcare family home.

(b) The foster home shall be accessible to community resources needed by foster children.

(d)(1) The foster home shall have a continuous supply of sanitary drinking water.

(2) If the source is not a municipal water system, the water shall be tested and approved annually by the Department of Health.

(3) This approval shall be kept in the foster home case record.

(e) The foster home shall have at least one (1):

(1) Flushing toilet;

(2) Sink with running water; and

(3) Bathtub or shower with hot and cold running water.

(f) There shall be an operational smoke detector in each bedroom.

(g) There shall be an operational chemical fire extinguisher, readily accessible, near the cooking area of the home.

(h) The foster parents shall:

(1) Practice and document emergency evacuation drills with each new child entering the home; and

(2) Repeat at least quarterly thereafter.

(i) All heating units with hot external areas shall be screened or otherwise shielded.

(j) The home shall have:

(1) At least one (1) exterior door that exits directly to the outside; or

(2) An alternate fire escape route.

(k)(1) The home shall have an operational telephone that is accessible for children.

(2) Working cell phones kept on the premises are acceptable.

(l) Each child shall have adequate space for storing clothing and personal belongings.

(m) All household pets shall have proof of current rabies vaccinations as required by Arkansas law.

(n) All firearms shall be:

(1) Maintained in a secure, locked location; or

(2) Secured by a trigger lock.

(o) All ammunition shall be secured and locked separately from firearms unless it is stored in a safe, for example, a handgun safe or a long gun safe.

(p)(1) The foster home record shall contain an agency-approved safety plan for any noted hazards.

(2) The safety plan shall be signed by:

(A) All caregivers in the foster home; and

(B) An agency representative.

(q) A current floor plan of the home with room dimensions for all rooms used for sleeping shall be in the foster home record.

(r)(1) Manufactured homes used as foster homes shall have an agency-approved plan for tornado safety.

(2) The safety plan shall be signed by:

(A) All caregivers in the foster home; and

(B) An agency representative.

(s) The foster home shall be a house, mobile home, housing unit, or apartment occupied by an individual or family.

(t) The foster home, grounds, and all structures on the property shall be:

(1) Maintained in a clean, safe, and sanitary condition; and

(2) In a reasonable state of repair within community standards.

(u) The foster home interior and exterior must be free from:

(1) Dangerous objects;

(2) Dangerous conditions; and

(3) Hazardous materials.

(w) The foster home shall have proper trash and recycling disposal.

(x) The foster home shall be free of rodent and insect infestation.

(y) The foster home shall be equipped with a functional kitchen that includes:

(1) A sink with hot and cold running water;

(2) A refrigerator;

(3) A stove; and

(4) An oven.

(z) The foster home shall have adequate lighting and ventilation.

(aa) The foster home shall have a heating, ventilating, and air conditioning source, maintained in safe operating condition, that keeps the temperature a:

(1) Minimum of sixty-five degrees (65°); and

(2) Maximum of eighty-five degrees (85°).

(bb) The foster home shall be free of obvious fire hazards such as:

(1) Defective heating equipment; or

(2) Improperly stored flammable materials.

(cc) There shall be an operational smoke detector on each level of occupancy of the foster home.

(dd) There shall be a carbon monoxide detector:

(1) On each level of occupancy of the foster home; and

(2) Near all sleeping areas.

(ee) The foster home shall have a safe operating water heater that has a recommended temperature at or below one hundred twenty degrees (120°) as tested at the plumbing fixture nearest the water heater.

(ff) The foster home shall maintain adequate first aid supplies for emergencies.

(gg) Foster parents shall not permit a child to enter a pool area unless accompanied by an adult.

(hh)(1) The foster home record shall contain a water safety plan for supervision of children during water activities.

(2) The plan shall be signed by:

(A) All caregivers in the foster home; and

(B) An agency representative.

(2) Please note that solar pool covers and winter pool covers are not safety covers.

(jj) In-ground pools without an approved child safety cover shall be protected by an enclosure (wall, fence, or barrier) that surrounds the pool area.

(kk) Unless local code provides otherwise, an enclosure shall meet the following:

(1) Entirely enclose the pool area;

(2) Be at least four feet (4’) high; and

(3) Swimming pools must have their methods of access through the barrier equipped with a safety device such as a bolt lock.

(ll)(1) The wall of a house or other building shall not be used in lieu of a barrier to the pool, with the exception of a solid wall that does not contain any doors.

(2) When a wall is used as a barrier, the remaining three (3) sides shall:

(A) Be protected by an enclosure (wall, fence, or barrier) that surrounds the pool area; or

(B) Have an approved child safety cover.

(3) The enclosure shall meet the following:

(A) Entirely encloses the pool area;

(B) Be at least four feet (4’) high; and

(C) Swimming pools must have their methods of access through the barrier equipped with a safety device such as a bolt lock.

(mm) All above-ground pools shall have:

(1) Nonclimbable exterior side walls with a minimum height of four feet (4’); and

(2) Access ladders or steps that are removable and able to be secured when the pool is not in use.

(nn) Swimming pools shall be equipped with a lifesaving device such as a ring buoy.

(oo) All portable pools (inflatable and wading pools) shall be fenced or emptied after every use.

(pp) Swimming pools that cannot be emptied after each use shall have a working pump and filtering system.

(qq) Hot tubs and spas shall have locking safety covers that are locked when not in use.

9 CAR § 30-511 Sleeping arrangements {#sec-9-car-30-511 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-511}

9 CAR § 30-511. Sleeping arrangements.

(a) Each household occupant shall have a bedroom that provides privacy.

(b) Each bedroom shall have at least fifty square feet (50 sq. ft.) of floor space per occupant.

(2) In this event, each such bedroom shall have a working smoke detector.

(e) Children placed in the foster home shall have individual bedrooms.

(g) No child under six (6) years of age shall occupy a top bunk.

(h) Bedding shall be changed at least weekly, or more often if needed.

(i) Foster parents shall not co-sleep or bed-share with a foster child of any age, including infants.

9 CAR § 30-512 Approval of foster homes {#sec-9-car-30-512 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-512}

9 CAR § 30-512. Approval of foster homes.

(a) A foster home can be approved only by one (1) agency.

(b) At least three (3) positive personal references shall be obtained regarding the foster family, including at least one (1) from a relative and one (1) from a nonrelative.

(d)(1) Foster parents shall be trained in crisis prevention and intervention before a child is placed in the home.

(2) Prior to the placement of children in their home, foster parents shall complete at least thirty (30) hours of skill-based pre-service training, excluding CPR and first aid, consistent with the:

(A) Agency’s treatment methodology; and

(B) Needs of the population served.

(3) Pre-service training shall include the following topics:

(A) Legal rights;

(B) Roles, responsibilities, and expectations of foster parents;

(i) Structure;

(ii) Purpose;

(iii) Policies; and

(iv) Services;

(D) Laws, rules, and regulations as related to foster homes or foster children;

(E) The impact of childhood trauma;

(F) Managing child behaviors;

(G) Medication administration; and

(H) The importance of maintaining meaningful connections between the child and parents, including regular visitation.

(e) Foster parents shall complete fifteen (15) hours of sexual rehabilitative training in addition to their thirty (30) hours of pre-service training.

(f) At least one (1) hour of training on the program’s safety plan shall be provided before placement of children into the foster home.

(g)(1) Foster parent or parents shall be currently certified in hands-on, skill-based CPR and first aid before a child is placed in the home.

(2) Training and certification that is provided solely online will not be accepted.

(h) Foster parents shall provide documentation that they carry:

(1) Homeowner’s or renter’s insurance; and

(2) General liability insurance.

(i) Foster homes shall not also operate as childcare family homes.

(j) Foster homes shall not provide compensated care for any nonrelated adults in the foster home unless providing transitional care for a person placed in care prior to eighteen (18) years of age.

(k) There shall be an annual approval letter from the approving agency in the foster home record.

(l) If a foster home moves from one (1) placement agency to another, all requirements for opening a new foster home shall be met.

(m) Foster parents must be able to communicate with:

(1) The foster child;

(2) The placement agency;

(3) Healthcare providers; and

(4) Other service providers.

(n) At least one (1) parent in the home must have functional literacy, such as having the ability to read medication labels.

History

Codification Notes: “CPR” means cardiopulmonary resuscitation. Authority: Arkansas Code § 9-28-403

9 CAR § 30-513 Selection of foster home {#sec-9-car-30-513 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-513}

9 CAR § 30-513. Selection of foster home.

(a)(1) The agency shall select the home that is:

(A) In the best interest of the child;

(B) The least restrictive possible; and

(2) The placement decision shall be based on an individual assessment of the child’s needs.

(b) No children shall be placed in a foster home unless there is an approval letter in the record from the approving agency.

(d) When a placement agency places a child with another placement agency, the receiving agency shall maintain a record for and provide casework services to the children placed into its foster homes.

(e) All children placed in the foster home shall be admitted to the therapeutic sexual rehabilitative program, except in the case of siblings.

(f) Foster homes shall not have more than two (2) children under two (2) years of age, including the foster parent’s own children.

(g)(1) The number of children placed into one (1) therapeutic sexual rehabilitative foster home shall not exceed two (2).

(2) There shall be no more than five (5) total children in the home, including the foster parent’s children.

(3) This includes placement or respite care.

(4) In the case of an emergency respite placement that would exceed capacity, the agency shall notify the Child Welfare Agency Licensing Unit the next business day.

(h)(1) Before placing more than one (1) child in a home, the agency shall consider extraordinary problems and needs of each child, for example:

(A) Violent behavior;

(B) Sexual offenses; and

(2) Justification of the appropriateness of placing a child in a home with another child shall be documented.

(i)(1) No new placements of children shall occur with foster parents who have not satisfied the annual training requirements.

(2) Administrative-level staff designated by the agency director may grant an exemption to this restriction for up to sixty (60) days.

(3) The administrator shall review the quality of care provided by the foster parents and the reasons for failing to complete the training on time in deciding whether to grant an exception.

9 CAR § 30-514 Continued training of foster parents {#sec-9-car-30-514 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-514}

9 CAR § 30-514. Continued training of foster parents.

(a) Each foster parent shall complete at least twenty-four (24) hours of skill-based training annually, excluding CPR and first aid.

(b) Documentation verifying annual training shall indicate the:

(1) Date;

(2) Number of hours;

(3) Name of the source;

(4) Topic; and

(5) Title.

(c)(1) Each foster parent shall maintain a current certificate of successful completion of hands-on, skill-based CPR and first aid.

(2) Training and certification that is provided solely online will not be accepted.

(d) All foster parents shall receive at least ten (10) hours of sexual rehabilitative training annually, which may be included in the required twenty-four (24) hours of annual training.

(e) Foster parents shall comply with the roles and responsibilities of the placement agreement developed by the placement agency.

(f) Foster parents shall not engage in the:

(1) Use of illegal substances;

(2) Abuse of alcohol by consuming excessive amounts; or

(3) Abuse of legal prescription drugs or nonprescription drugs by:

(A) Consuming them in excessive amounts; or

(B) Using them contrary to as prescribed or indicated.

(g) Foster parents shall adhere to the placement agency’s reasonable and prudent parent standard.

History

Codification Notes: “CPR” means cardiopulmonary resuscitation. Authority: Arkansas Code § 9-28-403

9 CAR § 30-515 Therapeutic foster parent responsibilities {#sec-9-car-30-515 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-515}

9 CAR § 30-515. Therapeutic foster parent responsibilities.

(1) Age;

(2) Individual differences and abilities;

(3) Surrounding circumstances;

(4) Hazards; and

(5) Risks.

(b) Foster parents shall provide each child with adequate and nutritious food.

(c) Foster parents shall provide regular activities to promote the physical, social, intellectual, spiritual, and emotional development of the children in care.

(d) Foster parents shall provide each child their own clothing that is:

(1) Clean;

(2) Well-fitted;

(3) Seasonal;

(4) Appropriate to age and gender; and

(5) Comparable to community standards.

(e) Foster parents shall allow foster children to acquire and keep personal belongings.

(f) Foster parents shall fully cooperate with the child placement agency’s case plan for each foster child, including visitation.

(g) Foster parents shall provide routine transportation for each child.

(h) Foster parents shall participate in case planning and case plan reviews.

(i) Foster parents shall:

(1) Attend school conferences concerning a foster child; and

(2) Notify the placing agency of any situations that may affect the case plan or require agency involvement.

(j) Foster parents shall notify the child placement agency promptly of serious illness, injury, or unusual circumstances affecting the health, safety, or welfare of the foster child.

(k) Foster parents shall:

(1) Cooperate with the child placement agency and the Child Welfare Agency Licensing Unit in conducting inspections and investigations; and

(2) Provide information required to verify compliance with rules.

(l) Foster parents shall maintain absolute confidentiality of private information about each foster child and the birth family.

(m) Foster parents shall give advance notice to the agency of any major changes that affect the life and circumstances of the foster family, including a change of residence, whenever possible.

(n)(1) Foster parents shall keep the following items, including without limitation periodic photographs, a record of the child’s memberships, activities, and participation in extracurricular school or church activities, trophies, awards, and ribbons for each foster child.

(2) These items shall be provided to the child upon change in placement.

(o) Foster parents shall be provided with a written list of duties clearly detailing their responsibilities.

(p) Foster parents shall be responsible for implementing in-home treatment strategies specified in each child’s treatment plan.

(q) Foster parents shall keep an ongoing written record of each child’s behavior and progress toward treatment goals.

(r) Foster parents shall ensure that each child has sufficient sleep for their age and physical condition.

(s) Foster parents shall instruct each child in good grooming and personal hygiene habits.

(t) Foster parents shall ensure each child is provided with opportunities for regular recreational activities and exercise.

(u) Foster parents shall ensure each child shall be provided with age-appropriate activities and equipment.

(v) Foster parents shall monitor and time-limit the use of:

(1) Television;

(2) Videos;

(3) Computer games; and

(4) Other screen time activities.

9 CAR § 30-516 Medications {#sec-9-car-30-516 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-516}

9 CAR § 30-516. Medications.

(a) The agency shall have an intervention policy that is nonmedical unless a specific medical condition is indicated.

(b) When psychotropic medications are prescribed by a physician, they shall be used in concert with other interventions.

(d) All over-the-counter medications shall be stored in an area not readily accessible to children, according to the age and development of each child in the home.

(e)(1) All prescription medications excluding EpiPens, inhalers, and glucagon kits shall be locked.

(2) An age-appropriate and developmentally capable child may be provided or have access to nonnarcotic prescriptions with an approved safety plan.

(3) Examples include without limitation:

(A) Birth control;

(B) Acne creams; and

(f) Medication shall be stored in accordance with pharmaceutical recommendations.

(g) Foster parents shall be aware of possible side effects of all medications administered to foster children.

(h) All medication shall be logged by the foster parent at the time the medication is administered.

(i) The medication logs shall include:

(1) Child’s name;

(2) Time and date;

(3) Medication and dosage; and

(4) Initials of the person administering the medication.

(j) All currently prescribed medication shall be provided at placement.

9 CAR § 30-517 Transportation {#sec-9-car-30-517 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-517}

9 CAR § 30-517. Transportation.

(a) Foster families shall have their own transportation available.

(b) Any vehicles used to transport foster children shall be maintained in compliance with motor vehicle laws and be insured.

(c) Children shall be transported only by foster parents or persons approved by foster parents who possess a valid driver’s license.

(d) Children shall be transported according to Arkansas law, including without limitation:

(1) Use of safety belts;

(2) Child safety seats; and

(3) Smoking restrictions.

9 CAR § 30-518 Visitation {#sec-9-car-30-518 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-518}

9 CAR § 30-518. Visitation.

(a) The agency that has legal responsibility for the child shall develop a visitation plan that specifies when and how visits will occur between the child and the parents.

(b) The child placement agency shall carry out the visitation plan to meet the terms of the plan.

(c) Foster parents shall allow foster children and their families to communicate according to the child’s treatment plan.

9 CAR § 30-519 Staffing requirements, staff training, and support {#sec-9-car-30-519 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-519}

9 CAR § 30-519. Staffing requirements, staff training, and support.

(a) Primary responsibilities of program staff shall include:

(1) Treatment planning;

(2) Leadership of the treatment team;

(3) Case management;

(4) Clinical and administrative supervision;

(5) Twenty-four-hour crisis intervention; and

(6) Discharge planning.

(b)(1) The agency shall have a clinical director who shall be clearly responsible for implementation of treatment planning and service delivery.

(2) The clinical director shall:

(A) Be qualified by a master’s degree in a human service field; and

(B) Have:

(i) Two (2) years of experience in placement or treatment;

(ii) No less than forty (40) hours of sexual rehabilitative treatment training;

(iii)(a) A minimum of two (2) years of sexual rehabilitative treatment experience.

(b) Certification as a sexual rehabilitative treatment trainer may be substituted for the required experience; and

(iv) A current license in Arkansas as a mental health professional, as recognized by the Arkansas Medicaid Program.

(1) Is a licensed mental health professional, as recognized by the Arkansas Medicaid Program; and

(2) Has at least one (1) of the following:

(A) At least two (2) years of experience in a sexual rehabilitative treatment program and at least forty (40) hours of sexual rehabilitative treatment training;

(B) At least three (3) years of experience in sexual rehabilitative specific treatment; or

(C) Maintains current membership in, or is actively working toward fulfilling the requirements for membership from, the Association for the Treatment and Prevention of Sexual Abuse.

(d)(1) The agency shall employ at least one (1) caseworker who shall coordinate the implementation of the treatment plan.

(2) The caseworker shall either have a bachelor’s degree in a human service field or be a mental health paraprofessional.

(3) The caseworker shall be supervised by the clinical director.

(e) All casework staff shall be trained in crisis prevention and intervention, CPR, and first aid within the first sixty (60) days of employment.

(f) All casework staff shall be provided with eight (8) hours of orientation either prior to employment or within the first week of employment that shall provide an overview of the following areas:

(1) The agency’s policies and procedures;

(2) The client’s rights, including confidentiality;

(3) How to handle medical and nonmedical emergencies;

(4) The caseworker’s clinical limitations;

(5) How to document clinical information in the child and family records; and

(6) General information regarding commonly prescribed medications and their side effects.

(g) The agency shall provide twenty-four-hour on-call crisis intervention support to supplement the support provided by the caseworker.

(h) Therapy services shall be provided by a licensed mental health professional, as recognized by the Arkansas Medicaid Program, who has at least one (1) of the following:

(1) At least:

(A) Two (2) years of experience in a sexual rehabilitative treatment program; and

(B) Forty (40) hours of sexual rehabilitative treatment training;

(2) At least three (3) years of experience in sexual rehabilitative specific treatment; or

(3) Maintains current membership in, or is actively working toward, fulfilling the requirements for membership from the Association for the Treatment and Prevention of Sexual Abuse.

History

Codification Notes: “CPR” means cardiopulmonary resuscitation. Authority: Arkansas Code § 9-28-403

9 CAR § 30-520 Child placement agency responsibilities {#sec-9-car-30-520 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-520}

9 CAR § 30-520. Child placement agency responsibilities.

(a)(1) The child placement agency (“agency”) shall provide the foster parents with the information necessary to provide adequate care to each foster child.

(2) The agency shall provide foster parents with instructions for contacting agency personnel any time.

(b) Each agency shall assign a caseworker to each child who is responsible for doing:

(1) Assessments;

(2) Case planning; and

(3) Casework services.

(1) Once per week during the first three (3) months after the child’s placement with the agency; and

(2) Every other week thereafter.

(d)(1) The agency shall ensure that each child in foster care has a medical exam at least annually.

(2) Medical exams need not be repeated during the year if a child moves from one (1) facility or agency to another, provided the results of the exam are available to the receiving facility or agency.

(e)(1) The agency shall remain legally responsible for the supervision and decision-making regarding foster children.

(2) Foster parents have daily responsibility for the care of the children.

(f) The agency shall have a written plan that provides foster parents with timely reimbursements for costs of care and fees for services.

(g) The agency shall develop respite care and babysitting policies.

(h) Respite care:

(1) Shall occur in an agency-approved foster home; and

(2) Shall not exceed fourteen (14) consecutive days.

(i) Caseworkers shall be responsible for managing no more than twelve (12) children’s cases.

(j)(1) The agency shall have a written program description that is available to:

(A) Residents;

(B) Parents; and

(2) The following information shall be included:

(A) Program philosophy and mission;

(B) Services and treatment modalities;

(D) Behavior management program and expectations of each child;

(E) Admission, exclusion, and discharge criteria; and

(F) Aftercare services.

(k) The agency shall keep documentation that includes:

(1) Prior treatment documents and intake information;

(2) Assessments;

(3) Master treatment plan;

(4) Treatment plan review;

(5) Ongoing observations;

(6) Medication and physician’s instructions, if applicable; and

(7) Progress notes.

(l) The agency shall establish procedures for hearing children’s grievances.

(m) The agency shall have written policies governing the supervision and monitoring of children:

(1) In the home;

(2) On the grounds; and

(3) In the community.

(n) The agency shall have written policies to:

(1) Protect children in the program; and

(2) Ensure public safety.

(o)(1) If the agency receives a report of noncompliance with licensing standards, the agency shall investigate the report of noncompliance.

(2) A report of findings and any corrective action shall be maintained in the foster home record.

(3) The investigation shall be completed within sixty (60) days of receiving the report of noncompliance unless good cause is documented.

(p)(1) The agency shall maintain a record for each foster family that contains all information and documentation required by licensing standards.

(2) This record shall include:

(A) Complete and signed application;

(B) Approval letter;

(D) Minimum age verification;

(E) Three (3) positive references from a nonrelative;

(F) Initial physical exam;

(G) Pre-service training verification;

(H) Initial and current criminal background, Child Maltreatment Central Registry, and Federal Bureau of Investigation checks, as required;

(I) Initial and current CPR and first aid certification;

(J) Current health immunizations of children or exemption;

(K) Current auto insurance;

(L) Current homeowner’s or renter’s insurance and general liability insurance;

(M) Current rabies vaccinations for household pets as required by law;

(N) Documentation of annual training;

(O) Social media confidentiality documentation;

(P) Surveillance documentation, if applicable;

(Q) Safety plans;

(R) Floor plan;

(S) Approved annual water system test, if applicable;

(T) Approved alternative fire escape route, if applicable;

(U) Documentation of quarterly monitoring visits, including unannounced visits;

(V) Documentation of annual reevaluations;

(W) Reports of noncompliance with licensing standards, including findings and any corrective actions; and

(X) Closing summary.

(q) If the home closes, the agency shall prepare a closing summary, including reasons for closure.

(r) The agency shall promptly notify Arkansas’s office of the Interstate Compact on the Placement of Children, Arkansas Code § 9-29-201 et seq., upon discharging a child from outside Arkansas.

(s) The agency shall approve and document the use of all surveillance devices used in the home.

History

Codification Notes: “CPR” means cardiopulmonary resuscitation. Authority: Arkansas Code § 9-28-403

9 CAR § 30-521 Monitoring and reevaluation {#sec-9-car-30-521 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-521}

9 CAR § 30-521. Monitoring and reevaluation.

(a) The agency shall monitor the foster home at least quarterly for continued compliance with licensing standards for foster homes.

(b) At least one (1) unannounced quarterly visit shall be conducted annually and shall be documented as unannounced in the foster home record.

(c)(1) The agency shall conduct an annual reevaluation of the foster family home.

(2) Any foster home that does not substantially comply with the standards for approval shall not be approved for placement until compliance is achieved.

(d) The agency shall keep documentation of quarterly monitoring visits and annual reevaluations in the foster home record signed and dated by the person conducting the visit and the foster parent.

(f) If a home is inactive or closed for one (1) year or more and desires to reopen, the agency shall:

(1) Conduct a reevaluation to ensure that licensing requirements are met;

(2) Ensure that new background checks are conducted;

(3) Ensure that CPR and first aid training is current; and

(4)(A) Evaluate any major changes.

(B) See subsection (e) of this section.

History

Codification Notes: “CPR” means cardiopulmonary resuscitation. Authority: Arkansas Code § 9-28-403

9 CAR § 30-522 Discharge {#sec-9-car-30-522 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-522}

9 CAR § 30-522. Discharge.

(a) The discharge of any child shall be planned by agency staff.

(b) The agency may discharge a child on an emergency basis if failure to do so could result in:

(1) Harm to the child or other persons; or

(2) Significant property damage.

(1) Their parent;

(2) Their guardian;

(3) A person with authorization from the parent or guardian; or

(4) A person authorized by court order to assume custody of the child.

(d) The agency shall:

(1) Complete a discharge statement on each child, including the date of and reason for discharge; and

(2) Provide a copy of it to the child’s custodian.

(e) Documentation of the discharge shall be maintained in the child’s record.

Subpart 6

9 CAR § 30-601 Applicable standards {#sec-9-car-30-601 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-601}

9 CAR § 30-601. Applicable standards.

In addition to all standards in 9 CAR § 30-201 et seq., the following standards shall be met.

9 CAR § 30-602 Selection of adoptive home {#sec-9-car-30-602 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-602}

9 CAR § 30-602. Selection of adoptive home.

(a)(1) The agency shall select the home that is:

(A) In the best interest of each child; and

(B) Matched to the child’s physical and emotional needs.

(2) The placement shall be based on an individual assessment of each child’s needs.

(b)(1) The agency shall place children only in approved adoptive homes.

(2) All adoptive homes shall be approved prior to placement.

(c)(1) The agency shall have an established fee schedule for adoption services.

(2) The agency is not required to charge the same fees for all adoptions, but a sliding fee schedule shall have specified conditions and be equally applied.

(3) The fee schedule may take into consideration:

(A) The income of the adoptive family; and

(B) Relevant factors such as children who are considered hard to place.

(d) The agency shall have a foster care license in order to place children in short-term foster care while awaiting an adoptive placement.

9 CAR § 30-603 Approval process of prospective homes {#sec-9-car-30-603 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-603}

9 CAR § 30-603. Approval process of prospective homes.

(a) In a two-parent home, both shall actively participate in the approval process.

(b) An adoptive parent shall be at least twenty-one (21) years of age.

(c) The agency shall ensure there is a completed home study for each prospective adoptive family to determine if they should be approved as an adoptive home.

(d)(1) The licensed certified social worker or agency caseworker conducting the home study shall have at least two (2) visits in person with the prospective adoptive family during the initial approval process.

(2) One (1) of the visits shall be in the home of the prospective adoptive family.

(e) The caseworker shall have a separate, face-to-face interview with each prospective adoptive parent.

(f) The caseworker shall interview each age-appropriate member of the household in person.

(g)(1) Each member of the adoptive household will have a physical exam within twelve (12) months before being approved by the social worker or agency conducting the home study.

(2) Each member will need to have a repeat physical exam annually, until placement, to ensure that no household member has a health condition or disability that would interfere with the family’s ability to care for a child.

(h) The licensed certified social worker or agency shall notify applicants in writing within sixty (60) days of completion of the final home visit concerning the acceptance, reason for further delay, or denial of their application.

9 CAR § 30-604 Contents of the home study {#sec-9-car-30-604 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-604}

9 CAR § 30-604. Contents of the home study.

(a) A home study shall be conducted by a:

(1) Caseworker of the agency; or

(2) Licensed certified social worker.

(b) The adoptive home study shall contain the following information, current to within one (1) year prior to each adoptive placement:

(1) The family’s motivation for adoption and the desired characteristics of the child or children to be adopted;

(2) Each family member’s attitudes toward adoption;

(3) Attitudes of the applicants toward the birth parent or parents, including parent search issues;

(4) Resolution of any infertility issues;

(5) The mental health, emotional stability, and maturity of the applicants;

(6) The physical health of all household members, including a physician’s statement provided to the social worker or agency conducting the home study stating that a medical exam was performed;

(7) The financial status and stability of the family, including proof of income and payment to the social worker or agency conducting the home study;

(8)(A) At least three (3) positive personal references from nonrelatives regarding the family.

(B) The references do not need to be updated unless:

(i) This is a new adoption in the family; or

(ii) There have been significant changes;

(9) The family’s ability to cope with:

(A) Stress;

(B) Loss; and

(10) Adjustment and well-being of any minors residing in the home;

(11) The family’s child-caring skills and willingness to acquire additional skills;

(12) The family’s discipline practices;

(13) Religious affiliation;

(14) A description of:

(A) The home;

(B) Its location; and

(15) An assessment of the safety of the home, including:

(A) All water hazards;

(B) Dangerous pets; and

(16) A statement in, or an addendum to, the home study narrative stating that the adoptive parents will report to the social worker or agency conducting the home study if they have been either approved or denied as an adoptive home in the past and if denied, why;

(17) A statement regarding the availability and results from criminal records and Child Maltreatment Central Registry checks, dated within one (1) year prior to placement;

(18) The stability of the adoptive family and their marriage, if applicable, shall be discussed and determined to be appropriate;

(19) A recommendation regarding adoption, including the age, gender, characteristics, and special needs of children best served by this family; and

(20)(A) If the adoptive family experiences any major life changes, for example, marriage, divorce, separation, health changes, change of residence, or change of household composition, the social worker or agency shall reevaluate the family prior to placement of a child.

(B) An additional home visit is required if there has been a change of residence.

9 CAR § 30-605 Services to the adoptive parents {#sec-9-car-30-605 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-605}

9 CAR § 30-605. Services to the adoptive parents.

(a) The agency shall provide information to the adoptive applicants regarding the potential risks associated with adoption.

(b) The agency shall provide a written statement of exclusion (for example, single parents or unwed couples) to adoptive applicants before a home study is conducted, if applicable.

(c) The following information, if available, shall be provided to adoptive parents regarding the child being considered for adoption:

(1) Specific and accurate information about the needs and characteristics of the child;

(2) The health and medical history of the child and the child’s biological family;

(3) The health status of the child at the time of placement; and

(4) Genetic and social history of biological relatives, including:

(A) Medical history;

(B) Health status, if alive;

(D) Height, weight, eye color, and hair color;

(E) Levels of education and professional achievement;

(F) Ethnic origins; and

(G) Religion.

(d)(1) The agency caseworker shall ensure that at least two (2) face-to-face post-placement visits are made within six (6) months after the placement of the child.

(2) One (1) of the visits shall be in the home of the adoptive family.

(3) If a finalized decree of adoption has been issued, then post-placement visits are not required.

(e) The agency shall have a plan for caring for children if their placement is disrupted before the issuance of a decree of adoption.

(f) The agency shall offer supportive services to the adoptive family for at least six (6) months following placement.

9 CAR § 30-606 Services to birth parents {#sec-9-car-30-606 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-606}

9 CAR § 30-606. Services to birth parents.

(a) If the agency is providing casework services to either birth parent, an intake shall be completed within thirty (30) days to identify services needed.

(b) Counseling for both parents, if applicable, shall be offered, and shall include the following:

(1) Information, rights, options, and obligations regarding the adoption process; and

(2) Issues related to grief and loss.

(c)(1) Financial assistance to the birth mother may only be provided:

(A) During the time of the pregnancy; and

(B) After the pregnancy during the time the birth mother requires inpatient or outpatient postpartum care.

(2) This does not apply to future social services provided by an agency that offers a broader range of services other than adoptions.

(d)(1) All financial assistance to the birth mother shall be documented, including the amount and purpose of payment.

(2) This documentation shall be maintained in the individual file of the birth mother.

9 CAR § 30-607 Birth parent records {#sec-9-car-30-607 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-607}

9 CAR § 30-607. Birth parent records.

If the agency has provided casework services to the birth parents, the following information shall be kept in a confidential file:

(1) The birth parents’ intake information, including any reviews and updates;

(2) All correspondence with the birth parents;

(3) All signed documents between the agency and the birth parents; and

(4) Documentation of all casework services provided before and after the adoption, current to within one (1) month of occurrence.

9 CAR § 30-608 Agency responsibilities {#sec-9-car-30-608 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-608}

9 CAR § 30-608. Agency responsibilities.

(a)(1) The agency shall provide written policy that includes a complete description of all types of the birth mother’s expenses that may be passed through to the adoptive parents.

(2) The policy shall include notice to the adoptive parents that they may be responsible for unforeseeable medical and legal expenses.

(b) The agency shall inform the adoptive parents in writing that a birth mother may choose not to relinquish a child for adoption, including the applicable postpartum period during which the birth mother may withdraw her consent for placement of her child.

(c) The agency shall have a clear, written policy on refunds that is provided, explained, and signed by the prospective adoptive parents during the application process.

(d)(1) The agency shall apprise prospective adoptive parents in writing that any financial assistance given to the birth parent or parents is not recoverable if the birth parent or parents should decide not to complete an adoption plan.

(2) The only exception is if intent to defraud the prospective adoptive parents can be proven.

(e) If the agency closes or ceases to provide adoption services, all adoption records (including adoptive parents, birth mother if applicable, and children placed) shall be transferred to a licensed adoption agency by written agreement.

(f) The closing agency shall provide written notification to the Child Welfare Agency Licensing Unit regarding the transfer of records.

9 CAR § 30-609 Adoptive family records {#sec-9-car-30-609 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-609}

9 CAR § 30-609. Adoptive family records.

(a) The agency shall keep a confidential case record for each family that receives a child for adoption.

(b) The record shall contain:

(1) The application to adopt;

(2) The completed home study;

(3) Criminal record checks and Child Maltreatment Central Registry checks;

(4) A copy of the information given to the adoptive parents regarding the child they received; and

(5) Copies of all legal documents concerning the adoption.

9 CAR § 30-610 Record maintenance {#sec-9-car-30-610 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-610}

9 CAR § 30-610. Record maintenance.

(a) The agency shall maintain a permanent file on any adoption finalized that shall be accessed according to Arkansas law.

(b) If the agency establishes or contracts with a mutual consent voluntary adoption registry, it shall be maintained according to Arkansas law.

9 CAR § 30-611 Branch offices {#sec-9-car-30-611 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-611}

9 CAR § 30-611. Branch offices.

Any agency licensed in Arkansas shall provide the following information to the Child Welfare Agency Licensing Unit prior to opening a branch office in Arkansas:

(1) The address, telephone numbers if available, and office hours for the branch office;

(2) The name or names, qualifications, and contact information of the person or persons responsible for the day-to-day operations and the child placement activities of the branch; and

(3) The name or names and contact information of the person or persons responsible for providing services in case of emergencies or child placement crises.

Subpart 7

9 CAR § 30-701 Applicable standards {#sec-9-car-30-701 omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR § 30-701}

9 CAR § 30-701. Applicable standards.

In addition to all applicable standards in 9 CAR § 30-201 et seq., the following standards shall be met:

(1) The agency shall select the placement that is in the best interest of the child and is matched to the child’s physical and emotional needs, based on an individual assessment;

(2)(A) A child placement agency shall only place a child into a licensed or exempt facility.

(B) Documentation of current license is required for any out-of-state placement;

(3) The agency shall maintain a record of all placements to include:

(A) Child’s name;

(B) Date of placement;

(D) Person making referral, placing child, or assisting with placement;

(4) The agency shall maintain a list of personnel involved in child placement activities; and

(5)(A) The agency shall maintain a personnel record for each employee involved in child placement activities.

(B) Agencies providing mental health or other services that do not require a placement license shall not have their personnel records subject to review.

9 CAR pt. 30, Appendix A Prohibited Offenses {#sec-9-car-pt.-30-appendix-a omnilex-key=us-ar-regs-official--title-9-part-30--9 CAR pt. 30, Appendix A}

Appendix A: PROHIBITED OFFENSES

A person who is required to have a criminal records check under the Child Welfare Agency Licensing Act shall be absolutely and permanently prohibited from having direct and unsupervised contact with a child in the care of a child welfare agency if that person has pleaded guilty or nolo contendere to or been found guilty of any of the following offenses by any court in the State of Arkansas, of a similar offense in a court of another state, or of a similar offense by a federal court (unless the conviction is vacated or reversed):
Abuse of an endangered or impaired person, if felony § 5-28-103
Arson § 5-28-103
Capital Murder § 5-10-101
Endangering the welfare of an incompetent person in the first degree § 5-27-201
Kidnapping § 5-11-102
Murder in the first degree § 5-10-102
Murder in the second degree § 5-10-103
Rape § 5-14-103
Sexual assault in the first degree § 5-14-124
Sexual assault in the second degree § 5-14-125
A person who is required to have a criminal records check under the Child Welfare Agency Licensing Act shall not be eligible to have direct and unsupervised contact with a child in the care of a child welfare agency if that person has pleaded guilty or nolo contendere to or been found guilty of any of the following offenses by a court in the State of Arkansas, of a similar offense in a court of another state, or of a similar offense by a federal court, unless the conviction is vacated or reversed:
Criminal attempt to commit any offenses § 5-3-201
Criminal complicity to commit any offenses § 5-3-202
Criminal conspiracy to commit any offenses § 5-3-401
Criminal solicitation, to commit any offenses § 5-3-301
Assault in the first, second, or third degree § 5-13-205- § 5-13-207
Aggravated assault § 5-13-204
Aggravated assault on a family or household member § 5-26-306
Battery in the first, second, or third degree § 5-13-201- § 5-12-203
Breaking and entering § 5-39-202
Burglary § 5-39-201
Coercion § 5-13-208
Computer crimes against minors § 5-27- 601et seq.
Contributing to the delinquency of a juvenile § 5-27-220
Contributing to the delinquency of a minor § 5-27-209
Criminal impersonation § 5-37-208
Criminal use of a prohibited weapon § 5-73-104
Communicating a death threat concerning a school employee or students § 5-17-101
Domestic battery in the first, second, or third degree §5-26-303- §5-26-305
Employing or consenting to the use of a child in a sexual performance §5-27-402
Endangering the welfare of a minor in the first or second degree §5-27-205- §5-27-206
Endangering the welfare of an incompetent person in the second degree §5-27-202
Engaging children in sexually explicit conduct for use in visual or print media § 5-27-303
False imprisonment in the first or second degree § 5-11-103- § 5-11-104
Felony abuse of an endangered or impaired person § 5-28-103
Felony interference with a law enforcement officer § 5-54-104
Felony violation of the Uniform Controlled Substance Act § 5-64- 101 et seq. §5- 64-501 et seq.
Financial identity fraud § 5-37-227
Forgery § 5-37-201
Incest § 5-26-202
Interference with court-ordered custody § 5-26-502
Interference with visitation § 5-26-501
Introduction of controlled substance into the body of another person § 5-13-210
Manslaughter § 5-10-104
Negligent homicide § 5-10-105
Obscene performance at a live public show § 5-68-305
Offense of cruelty to animals § 5-62-103
Offense of aggravated cruelty to dog, cat, or horse § 5-62-104
Pandering or possessing visual or print medium depicting sexually explicit conduct involving a child § 5-27-304
Sexual solicitation § 5-70-103
Permanent detention or restraint § 5-11-106
Permitting abuse of a minor § 5-27-221
Producing, directing, or promoting a sexual performance by a child § 5-27-403
Promoting obscene materials § 5-68-303
Promoting obscene performance § 5-68-304
Promoting prostitution in the first, second, or third degree § 5-70-104- § 5-70-106
Prostitution § 5-70-102
Public display of obscenity § 5-68-205
Resisting arrest § 5-54-103
Robbery § 5-12-102
Aggravated robbery § 5-12-103
Sexual offenses § 5-14-101 et seq.
Simultaneous possession of drugs and firearms § 5-74-106
Soliciting money or property from incompetents § 5-27-229
Stalking § 5-71-229
Terroristic act § 5-13-310
Terroristic threatening § 5-13-301
Theft of public benefits § 5-36-202
Theft by receiving § 5-36-106
Theft of property § 5-36-103
Theft of services § 5-36-104
Transportation of minors for prohibited sexual conduct § 5-27-305
Unlawful discharge of a firearm from a vehicle § 5-74-107
Voyeurism § 5-16-102
A former or future law of this or any other state or of the federal government that is substantially equivalent to one (1) of the offenses listed in the Child Welfare Licensing Act shall be considered as

prohibiting. 4. A person who is required to have a criminal records check under the Child Welfare Agency Licensing Act who has pleaded guilty or nolo contendere to or been found guilty of any of the offenses listed shall be absolutely disqualified from being an owner, operator, volunteer, foster parent, adoptive parent, member of a child welfare agency's board of directors, or employee in a child welfare agency during the period of the person's confinement, probation, or parole supervision (unless the conviction is vacated or reversed). 5. Except as provided under the Child Welfare Agency Licensing Act, a person who has pleaded guilty or nolo contendere to or been found guilty of one (1) of the offenses listed shall not work in a child welfare agency unless: (a) The date of a plea of guilty or nolo contendere or the finding of guilt for a misdemeanor offense is at least five (5) years from the date of the record check; and (b) There have been no criminal convictions or pleas of guilty or nolo contendere of any type or nature during the five-year period preceding the background check request. 6. Except as provided under the Child Welfare Licensing Act: (a) A person who is required to have a criminal records check and who has pleaded guilty or nolo contendere to or been found guilty of any of the offenses listed shall be presumed to be disqualified to be an owner, operator, volunteer, foster parent, adoptive parent, member of a child welfare agency's board of directors, or employee in a child welfare agency after the completion of their term of confinement, probation, or parole supervision unless the conviction is vacated or reversed. (b) An owner, operator, volunteer, foster parent, adoptive parent, household member of a foster parent or adoptive parent, member of any child welfare agency's board of directors, or an employee in a child welfare agency shall not petition the Child Welfare Agency Review Board unless the agency supports the petition, which can be rebutted in the following manner: (i) The applicant shall petition the Child Welfare Agency Review Board to make a determination that the applicant does not pose a risk of harm to any person; (ii) The applicant shall bear the burden of making such a

showing; and (iii) The Child Welfare Agency Review Board may permit an applicant to be an owner, operator, volunteer, foster parent, adoptive parent, member of an agency's board of directors, or an employee in a child welfare agency notwithstanding having pleaded guilty or nolo contendere to or been found guilty of an offense listed in this section upon making a determination that the applicant does not pose a risk of harm to any person served by the facility. 7. The Child Welfare Agency Review Board's decision to disqualify a person from being an owner, operator, volunteer, foster parent, adoptive parent, member of a child welfare agency's board of directors, or an employee in a child welfare agency under this section shall constitute the final administrative agency action of the Child Welfare Agency Review Board and is not subject to review.