9 CAR pt. 40 | 9 CAR Part 40 — Policy and Procedure Manual

Chapter IV

Subchapter A

Subpart 1

9 CAR § 40-101 Acronyms {#sec-9-car-40-101 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-101}

9 CAR § 40-101. Acronyms.

As used in this part:

(1) “AAL” means attorney ad litem;

(2) “AC” means alternative compliance;

(3) “ADJ” means adjudication;

(4) “APPLA” means another planned permanent living arrangement;

(5) “ASP” means the Division of Arkansas State Police;

(6) “ASVSP” means Arkansas State Vehicle Safety Program;

(7) “CACD” means Crimes Against Children Division;

(8) “CASA” means court-appointed special advocate;

(9) “CMHC” means community mental health center;

(10) “COBRA” means Consolidated Omnibus Budget Reconciliation Act of 1985, Pub. L. No. 99-272;

(11) “CPS” means Child Protective Services;

(12) “EPSDT” means early and periodic screening, diagnosis, and treatment;

(13) “FAPE” means free appropriate public education;

(14) “FASD” means fetal alcohol syndrome disorder;

(15) “FBI” means the Federal Bureau of Investigation;

(16) “FINS” means family in need of services;

(17) “FSPP” means Family Services Policy and Procedure Manual;

(18) “HIPAA” means the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191;

(19) “ICAMA” means Interstate Compact on Adoption and Medical Assistance, Arkansas Code § 9-29-301;

(20) “ICJ” means Interstate Compact for Juveniles, Arkansas Code § 9-29-401;

(21) “ICPC” means Interstate Compact on Placement of Children, Arkansas Code § 9-29-201 et seq.;

(22) “ICWA” means Indian Child Welfare Act of 1978, 25 U.S.C. § 1901 et seq.;

(23) “IDEA” means Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., Division of Children and Family Services FSPP;

(24) “IEP” means individual education plan;

(25) “IFSP” means individualized family service plan;

(26) “MCVAR” means mutual consent voluntary adoption registry;

(27) “MDT” means multidisciplinary team;

(28) “MEPA” means the Multiethnic Placement Act of 1994, Pub. L. No. 103-382;

(29) “NCMEC” means National Center for Missing and Exploited Children;

(30) “NRE” means no reasonable efforts;

(31) “OCC” means Office of Chief Counsel;

(32) “PC” means probable cause;

(33) “PCP” means primary care physician;

(34) “PGCS” means Performance Goals and Compensation System;

(35) “PLPA” means private licensed placement agency;

(36) “PPH” means permanency planning hearing;

(37) “PRFC” means person responsible for care;

(38) “RFSS” means Resource Family Support System;

(39) “RH” means review hearing;

(40) “SAFE” means Structured Analysis Family Evaluation;

(41) “SDM” means structured decision making;

(42) “SGR” means state general revenue;

(43) “SIJS” means special immigrant juvenile status;

(44) “SNAP” means Supplemental Nutrition Assistance Program;

(45) “SPU” means Specialized Placement Unit;

(46) “SSI” means Supplemental Security Insurance;

(47) “SSN” means Social Security number;

(48) “TANF” means Temporary Assistance for Needy Families;

(49) “TDM” means Team Decision Making;

(50) “TFC” means therapeutic foster care;

(51) “TPR” means termination of parental rights;

(52) “TYS” means Transitional Youth Services;

(53) “UAMS PACE” means University of Arkansas for Medical Sciences Project for Adolescent and Child Evaluation;

(54) “UJO” means underaged juvenile offender; and

(55) “UTL” means unable to locate.

History

History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-102 Definitions {#sec-9-car-40-102 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-102}

9 CAR § 40-102. Definitions.

As used in this part:

(1) “Abandoned infant” means a juvenile less than nine (9) months of age and whose parent, guardian, or custodian left the child alone or in the possession of another person without identifying information or with an expression of intent by words, actions, or omissions not to return for the infant;

(2)(A) “Abandonment” means a failure of the parent to provide reasonable support for a juvenile and to maintain regular contact with the juvenile through statement or contact when:

(i) This failure is accompanied by an intention on the part of the parent to permit the condition to continue for an indefinite period in the future;

(ii) The failure of a parent to support or maintain regular contact with the juvenile is without just cause; or

(iii) There is an articulated intent to forego parental responsibility.

(B) “Abandonment” does not include acts or omissions of a parent toward a married minor;

(3) “Abuse” means any of the following acts or omissions by a parent, guardian, custodian, resource parent, person eighteen (18) years of age or older living in the home with a child whether related or unrelated to the child, or any person who is entrusted with the juvenile’s care by a parent, guardian, custodian, or resource parent, including, but not limited to, an agent or employee of a public or private residential home, childcare facility, public or private school, a significant other of the child’s parent, or any person legally responsible for the juvenile’s welfare, but excluding the spouse of a minor:

(A) Extreme or repeated cruelty to a juvenile;

(B) Engaging in conduct creating a realistic and serious threat of:

(i) Death;

(ii) Permanent or temporary disfigurement; or

(iii) Impairment of any bodily organ;

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

(D) Any history that is at variance with the history given;

(E) Any nonaccidental physical injury;

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

(i) Throwing, kicking, burning, biting, or cutting a child;

(ii) Striking a child with a closed fist;

(iii) Shaking a child; and

(iv) Striking a child on the face or head;

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

(i) Striking a child six (6) years of age or younger on the face or head;

(ii) Shaking a child three (3) years of age or younger;

(iii) Interfering with a child’s breathing; and

(iv) Pinching or striking a child’s genital area;

(H) Note. The prior list of unreasonable actions is considered illustrative and not exclusive;

(I) No unreasonable action shall be construed to permit a finding of abuse without having established the elements of abuse;

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

(ii) The person exercising the restraint is an employee of an agency licensed or exempted from licensure under the Child Welfare Agency Licensing Act, Arkansas Code § 9-28-401 et seq.

(iii) The agency has policy and procedures regarding restraints.

(iv) No other alternative exists to control the child except for a restraint.

(v) The child is in danger of hurting himself or herself or others.

(vi) The person exercising the restraint has been trained in properly restraining children, de-escalation, and conflict resolution techniques.

(vii) The restraint is for a reasonable period of time;

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

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

(4) “Aggravated circumstances” means circumstances that exist when:

(A) A child has been abandoned, chronically abused, subjected to extreme or repeated cruelty, sexually abused, sexually exploited, or a determination has been or is made by a judge that there is little likelihood that services to the family will result in successful reunification;

(B) A child has been removed from the custody of the parent or guardian and placed in foster care or in the custody of another person three (3) or more times in the last fifteen (15) months; or

(5)(A) “Alternative compliance” means a request for approval from the Child Welfare Agency Review Board to allow a licensee to deviate from the letter of a regulation.

(B) The licensee must demonstrate substantial compliance with the intent of the regulation.

(C) This includes, but is not limited to, regulations that govern background checks and convictions for prohibited offenses;

(6)(A) “Another planned permanent living arrangement (APPLA)” means permanency planning hearing disposition (more specifically, “authorizing a plan for another planned permanent living arrangement”) for the juvenile who will not be reunited with their family and because another permanency plan is not in the juvenile’s best interest.

(B) Any authorization of a plan for APPLA must include a permanent planned living arrangement and address the quality of services, including, but not limited to, independent living services and a plan for supervision and nurturing the juvenile will receive.

(i) The Department of Human Services has documented to the circuit court a compelling reason for determining that it would not be in the best interest of the child to follow another permanency plan;

(ii) The child is sixteen (16) years of age or older; and

(iii) The court makes a judicial determination explaining why, as of the date of the hearing, APPLA is the best permanency plan for the juvenile and the court finds compelling reasons why it continues to not be in the best interest of the juvenile to:

(a) Return home;

(b) Be placed for adoption;

(d) Be placed with a fit and willing relative;

(7) “Caretaker” means parent, guardian, custodian, resource parent, or any person fourteen (14) years of age or older who is entrusted with a child’s care by a parent, guardian, custodian, or resource parent, including, but not limited to, an agent or employee of a public or private residential home, childcare facility, public or private school, or any person legally responsible for a child’s welfare;

(8) “Child” means a person who is from birth to eighteen (18) years of age;

(9) “Child” (for Title IV-E purposes) means:

(A) For the purposes of the Title IV-E foster care program, an individual:

(i) Who is experiencing foster care under the responsibility of the Department of Human Services; and

(ii) Who meets the following age parameters:

(a) Has not attained eighteen (18) years of age; or

(b) Has attained eighteen (18) years of age but who has not attained twenty-one (21) years of age and meets any of the following conditions:

(1) Is completing secondary education or a program leading to an equivalent credential;

(2) Is enrolled in an institution which provides postsecondary or vocational education;

(3) Is participating in a program or activity designed to promote, or remove barriers to, employment;

(4) Is employed for at least eighty (80) hours per month; or

(5) Is incapable of doing any of the above-described activities due to a medical condition, and incapability is supported by regularly updated information in the family case plan; and

(B) For the purposes of the Title IV-E adoption or guardianship assistance program, an individual:

(i) Who is under eighteen (18) years of age and is the subject of an adoption or guardianship assistance agreement entered into prior to sixteen (16) years of age; or

(ii) Who is under the age of twenty-one (21) and is the subject of an adoption or guardianship assistance agreement entered into after the individual attained sixteen (16) years of age and meets any of the following conditions:

(a) Is completing secondary education or a program leading to an equivalent credential;

(b) Is enrolled in an institution which provides postsecondary or vocational education;

(d) Is employed for at least eighty (80) hours per month; or

(e) Is incapable of doing any of the above-described activities due to a medical condition;

(10)(A) “Child Abuse Hotline” means the unit maintained by the Crimes Against Children Division, for the purpose of receiving and recording notification made pursuant to the Child Maltreatment Reporting Act.

(B) The Child Abuse Hotline:

(i) Is staffed twenty-four (24) hours per day; and

(ii) Has statewide accessibility through a toll-free telephone number;

(11) “Child maltreatment” means physical abuse, sexual abuse, emotional abuse, neglect, sexual exploitation, or abandonment of a child;

(12)(A) “Child maltreatment investigation” means a fact-finding assessment that occurs when an allegation of child maltreatment is received.

(B) Completion is reached when a determination is made concerning the allegations;

(13)(A) “Childcare institution” means a private childcare institution, or a public childcare institution which accommodates no more than twenty-five (25) children, and that is licensed by the state in which it is situated or has been approved by the agency of such state or tribal licensing authority (with respect to childcare institutions on or near Indian reservations) responsible for licensing or approval of institutions of this type as meeting the standards established for such licensing, except, in the case of a child who has attained eighteen (18) years of age, the term includes a supervised transitional living setting in which the individual is living independently.

(B) This definition must not include detention facilities, forestry camps, training schools, or any other facility operated primarily for the detention of children who are determined to be delinquent;

(14) “Court-appointed special advocate (CASA)” means a volunteer appointed by the court to advocate for the best interest of juveniles in dependency-neglect proceedings;

(15) “Custodian” means a person (not a parent or legal guardian) who stands in loco parentis to the child or an agency or institution given custody of a child through a court order;

(16) “Delinquent juvenile” means any juvenile:

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

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

(17) “Dependent juveniles” includes a child:

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

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

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

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

(E) Who is an infant relinquished to the custody of the Department of Human Services for the sole purpose of adoption;

(F) Who is a safe haven baby (Safe Haven Act – 2001, Arkansas Code § 9-34-201 et seq.);

(G) Who has disrupted their adoption, and the adoptive parents have exhausted resources available to them; or

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

(18) “Dependent-neglected juvenile” means any juvenile who is at substantial risk of harm as a result of the following acts or omissions to the juvenile, a sibling, or another juvenile:

(A) Abandonment;

(B) Abuse;

(D) Sexual exploitation;

(E) Neglect or parental unfitness or being present in a dwelling or structure during the manufacture of methamphetamine with the knowledge of their:

(i) Parent;

(ii) Guardian; or

(iii) Custodian; or

(F) Human trafficking if the parent knew or should have known the child was a victim of human trafficking as a result of:

(i) Threats;

(ii) Coercion; or

(iii) Fraud;

(19) “Deviate sexual activity” means any act of sexual gratification involving:

(A) The penetration, however slight, of the anus or mouth of one (1) person by the penis of another person; or

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

(20)(A) “Domestic abuse” means:

(i) Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members; or

(ii) Any sexual conduct between family or household members, whether minors or adults, which constitutes a crime under the laws of this state.

(B) “Family or household member” means:

(i) Spouses;

(ii) Former spouses;

(iii) Parents and children;

(iv) Persons related by blood within the fourth degree of consanguinity;

(v) Any child residing in the household;

(vi) Persons who are presently or in the past resided or cohabited together; and

(vii) Persons who have or have had a child in common;

(21)(A) “Exempted from true due to religious exemption” means a determination that will be entered when the parent’s decision to withhold medical treatment is based solely upon a religious belief, and the child is furnished with treatment by spiritual means alone, through prayer, in accordance with a recognized religious method of healing by an accredited practitioner.

(B) Such prohibition shall not limit the administrative or judicial authority of the state to ensure that medical services are provided to the child when the child’s health requires it;

(22) “Family” means a spouse, parent, child, sibling, or a person related by consanguinity to another person;

(23) “Family in need of services” means family whose juvenile evidences behavior which includes, but is not limited to, the following:

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

(B) Being habitually disobedient to the reasonable and lawful commands of their parent, guardian, or custodian; or

(24) “Fast track” implies that reunification services will not be provided or will be terminated before twelve (12) months of services;

(25) “Federal adoption subsidy IV-E” means payments for a child who is categorized as IV-E (TEA/TANF, SSI-AB, or SSI-AD) at the time of placement for adoption by the Division of Children and Family Services and who meets other defined special needs characteristics if it has been documented that a reasonable effort has been made to place the child without the benefit of subsidy;

(26) “Fictive kin” means persons not related by blood, marriage, or adoption but who have a strong, positive emotional tie to the child and have a positive role in the child’s life such as:

(A) Godparents;

(B) Neighbors; or

(27)(A) “Forcible compulsion” means any act of physical force or intimidation, or any threat, express or implied, of death, physical injury, rape, sexual abuse, or kidnapping of anyone committed against that person’s will.

(B) The age, developmental stage and stature of the victim and the relationship of the victim to the assailant, as well as the threat of deprivation of affection, rights, and privileges from the victim by the assailant, shall be considered in weighing the sufficiency of the evidence to prove compulsion;

(28)(A) “Grooming” means to knowingly disseminate to a child thirteen (13) years of age or younger with or without consideration a visual or print medium depicting sexually explicit content with the purpose to entice, induce, or groom the child to engage in the following with another person:

(i) Sexual intercourse;

(ii) Sexually explicit conduct; or

(iii) Deviate sexual activity.

(B) Under this definition of grooming, “disseminate” means to allow to view, expose, furnish, present, sell, or otherwise distribute, including on an electronic device or virtual platform, and is not limited to an act that takes place in the physical presence of a child;

(29) “Guardian” means any person, agency, or institution so appointed by a court;

(30)(A) “Holistic” means a view of the family and accompanying circumstances that take into consideration the entire family.

(B) This view includes the psychological, sociological, physical, and environmental factors which influence the functioning of the family;

(31) “Home assessment” means the mutual selection process that involves several components including, but not limited to, an in-home consultation visit, background checks, preservice training, a home study, and ongoing consultation with the prospective resource parents to ensure that applicants meet all appropriate criteria related to both compliance and quality;

(32)(A) “Home study” means the specific interviewing and reporting tool used to determine if a family is ready, willing, and able to become a suitable and safe placement resource for a child.

(B) The home study must evaluate a family’s dynamics in areas including, but not limited to:

(i) Motivation for wanting to foster;

(ii) Health;

(iii) Education;

(iv) Lifestyle;

(v) Daily schedules;

(vi) Parenting practices;

(vii) Support systems; and

(viii) Personal histories.

(C) It shall include a vehicle safety check on all applicable household members, a Child Maltreatment Central Registry check on all members of the household fourteen (14) years of age or older, excluding children experiencing foster care, and a Division of Arkansas State Police criminal record check and a fingerprint-based Federal Bureau of Investigation criminal background check on all members of the household age eighteen and one-half (18 1/2) years of age or older, excluding children experiencing foster care;

(33)(A) “Household member” means a resident of the home who:

(i) Owns or is legally responsible for paying rent on the home (household head);

(ii) Is in a close personal relationship with a household head; or

(iii) Is related to a household head or to a person in a close personal relationship with a household head.

(B) Any household member who resides in the home for more than three (3) cumulative months in a calendar year (for example, an adult biological child of the resource parents who is home for the summer and holiday breaks or a relative who visits for six (6) weeks twice a year) must clear the following background checks:

(i) Child Maltreatment Central Registry;

(ii) Adult Maltreatment Central Registry;

(iii) Division of Arkansas State Police Criminal Record Check; and

(iv) Federal Bureau of Investigation criminal background check;

(34) “Immediate safety plan” means a written plan developed by the Division of Children and Family Services in conjunction with the family and support network to protect the juvenile from harm and which allows the juvenile to remain safely in the home;

(35) “Inactive” means an investigation determination that may be considered when the child maltreatment assessment cannot be completed because at any time before or during the investigation the Department of Human Services and the Division of Arkansas State Police are unable to locate or identify the alleged offender or alleged victim and a true or unsubstantiated determination cannot be established without interviewing the alleged offender or alleged victim;

(36) “Indecent exposure” means exposure by a person of the person’s sexual organs for the purpose of arousing or gratifying the sexual desire of the person, or of any other person under circumstances in which the person knows the conduct is likely to cause affront or alarm;

(37)(A) “Interstate Compact on the Placement of Children, Arkansas Code § 9-29-201 et seq.,” is a legislative-enacted agreement currently entered into by all fifty (50) states.

(B) It is used to move children in need of placement, treatment, or adoption across state lines;

(38) “Juvenile” means a person who is between birth and eighteen (18) years of age;

(39) “Law enforcement agency” means any police force or organization whose primary responsibility as established by law or ordinance is the enforcement of laws of this state and is staffed twenty-four (24) hours a day;

(40)(A) “Maintenance subsidy” means an established monthly payment to cover the costs of maintaining and providing for the basic needs of the child in an adoptive placement on a regular basis.

(B) The payment is not to exceed the child’s foster care board rate which is in effect at the time the adoption subsidy is approved.

(41)(A) “Mandated reporter” means individuals identified in the Child Maltreatment Act, Arkansas Code § 12-18-402, who must immediately notify the Child Abuse Hotline or law enforcement if they:

(i) Have reasonable cause to suspect that a child has been subjected to or died from child maltreatment;

(ii) Have reasonable cause to suspect that a child has died suddenly and unexpectedly; or

(iii) Observe the child being subjected to conditions or circumstances which would reasonably result in child maltreatment.

(B) These individuals include:

(i) A childcare worker or foster care worker;

(ii) A coroner;

(iii) A daycare center worker;

(iv) A dentist;

(v) A dental hygienist;

(vi) A domestic abuse advocate;

(vii) A domestic violence shelter employee;

(viii) A domestic violence shelter volunteer;

(ix) An employee of the Department of Human Services;

(x) An employee working under contract for, or a contractor of, the Department of Human Services when acting within the scope of their contract or employment;

(xi) A resource parent;

(xii) A judge;

(xiii) A law enforcement official;

(xiv) A licensed nurse;

(xv) Medical personnel who may be engaged in the admission, examination, care, or treatment of persons;

(xvi) A mental health professional or paraprofessional;

(xvii) An osteopath;

(xviii) A peace officer;

(xix) A physician;

(xx) A prosecuting attorney;

(xxi) A resident intern;

(xxii) A full-time or part-time employee of a public school or private school, including without limitation:

(a) A school counselor;

(b) A school official;

(d) A coach or director of a public or private athletic organization, team, or club;

(e) A coach or director of a public or private nonathletic organization, team, or club;

(xxiii) A person who is at least twenty-one (21) years of age and volunteers in a public school or private school:

(a) As a coach or director of a public or private athletic organization, team, or club; or

(b) As a coach or director of a public or private nonathletic organization, team, or club;

(xxiv) A person employed as a school official in an institution of higher education;

(xxv) A social worker;

(xxvi) A surgeon;

(xxvii) A court-appointed special advocate program staff member or volunteer;

(xxviii) A juvenile intake or probation officer;

(xxix) A clergy member, which includes a minister, priest, rabbi, accredited Christian Science practitioner, or other similar functionary of a religious organization, or an individual reasonably believed to be so by the person consulting them, except to the extent the clergy member:

(a) Has acquired knowledge of suspected child maltreatment through communications required to be kept confidential pursuant to the religious discipline of the relevant denomination or faith; or

(b) Received the knowledge of the suspected child maltreatment from the alleged offender in the context of a statement of admission;

(xxx) An employee of a child advocacy center or a child safety center;

(xxxi) An attorney ad litem in the course of their duties as an attorney ad litem;

(xxxii)(a) A sexual abuse advocate or sexual abuse volunteer who works with a victim of sexual abuse as an employee of a community-based victim service or mental health agency.

(b) “Sexual abuse advocate” or “sexual abuse volunteer” includes a paid or volunteer sexual abuse advocate who is based with a local law enforcement agency;

(xxxiii) A rape crisis advocate or rape crisis volunteer;

(xxxiv)(a) A child abuse advocate or child abuse volunteer who works with a child victim of abuse or maltreatment as an employee of a community-based victim service or a mental health agency.

(b) A “child abuse advocate” or “child abuse volunteer” includes a paid or volunteer sexual abuse advocate who is based with a local law enforcement agency;

(xxxv) A victim witness coordinator;

(xxxvi) A victim assistance professional or victim assistance volunteer;

(xxxvii) An employee of the Crimes Against Children Division of the Arkansas State Police;

(xxxviii) An employee of a reproductive healthcare facility;

(xxxix) A volunteer at a reproductive healthcare facility;

(xl) An individual not otherwise identified in this subsection who is engaged in performing their employment duties with a nonprofit charitable organization other than a nonprofit hospital;

(xli) A child welfare ombudsman;

(xlii) A licensed massage therapist; and

(xliii) A person who is eighteen (18) year of age or older and observes abuse, sexual abuse, or sexual exploitation of a child;

(42) “Medical provider” means any emergency department of a hospital licensed under Arkansas Code § 20-9-214;

(43) “Neglect” means acts or omissions of a parent, guardian, custodian, resource parent, or any person who is entrusted with the juvenile’s care by a parent, custodian, guardian, or resource parent, including, but not limited to, an agent or employee of a public or private residential home, childcare facility, public or private school, or any person legally responsible under state law for the juvenile’s welfare, but excluding the spouse of a minor and the parents of a married minor, which constitute:

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

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

(C) Failure to take reasonable action to protect the child from abandonment, abuse, sexual abuse, sexual exploitation, or neglect where the existence of such condition was known or should have been known and, if for abuse and neglect, the failure to take reasonable action to protect the juvenile causes the juvenile serious bodily injury;

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

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

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

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

(H) Failure, regardless of whether the parent, guardian, custodian, resource parent, or any person who is entrusted with the child’s care is present, to appropriately supervise the child that results in the child being placed in inappropriate circumstances creating a dangerous situation; or

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

(44) “Newborn” means an infant who is thirty (30) days of age or younger (Garrett’s Law, Arkansas Code § 9-9-702);

(45) “Nonaccidental or abusive head trauma” means a form of inflicted head trauma that can be caused by:

(A) Direct blows to the head;

(B) Dropping or throwing a child; or

(C)(i) Shaking a child.

(ii) Shaken baby syndrome may be a component of nonaccidental or accidental head trauma;

(46)(A) “Nonrecurring adoption expense subsidy” means payment for nonrecurring adoption expenses incurred in the adoption of a child with special needs and is limited to one thousand five hundred dollars ($1,500) per child.

(B) Payment will be made to or on behalf of parents who have adopted or have accepted placement for the purpose of adoption;

(47) “Order of less than custody” means a court order that the Division of Children and Family Services may seek when there are protection issues regarding a child whose health or physical well-being is in immediate danger, but the division does not want to seek custody;

(48) “Out-of-home placement” means a placement in:

(A) A home or facility other than placement in a youth services center, a detention facility, or the home of a parent or guardian of the juvenile; or

(B) The home of an individual other than a parent or guardian, not including any placement where the court has ordered that the placement be made permanent and ordered that no further reunification services or six-month reviews are required;

(49) “Outpatient mental health emergency” is defined by the Community Mental Health Center’s actions and protocol, including, but not limited to, facilitation of admission to a hospital or other appropriate twenty-four-hour treatment facility;

(50) “Parent” means a biological mother, an adoptive parent, or a man to whom the biological mother was married at the time of conception or birth or has been found by a court of competent jurisdiction to be the biological father of the juvenile;

(51) “Permanent custody” means custody that is transferred to a person as a permanent disposition in a juvenile case and the case is closed;

(52)(A) “Policy waiver” means a request to deviate from the Division of Children and Family Services policy, procedures, or standards.

(B) The Director of the Division of Children and Family Services approves all policy waiver requests;

(53)(A) “Pornography” means obscene or licentious material, including pictures, movies, and videos.

(B) Applying contemporary community standards, the material will be considered pornographic if an average person would find that the material taken, as a whole, appeals to the prurient interest or if the material depicts in a patently offensive way sexual conduct.

(54) “Preponderance of the evidence” means evidence which is of greater weight or more convincing than the evidence which is offered in opposition to it, that is, evidence which as a whole shows that the fact to be proved is more probable than not;

(55) “Psychiatric crisis” means:

(A) Any condition requiring greater than routine services but requiring less than hospitalization; and

(B) A condition that is not homicidal or suicidal, or if it is, one that can be handled with a no-harm contract or a viable plan for safety;

(56) “Putative father” means a man who claims or is alleged to be the biological father of a juvenile but has not been so deemed or adjudicated by a United States court;

(57)(A) “Reasonable efforts” means efforts to:

(i) Maintain the family unit and prevent the unnecessary removal of a child from their home, as long as the child’s safety is ensured;

(ii) Effect the safe reunification of the child and family (if temporary out-of-home placement is necessary to ensure the immediate safety of the child); and

(iii) Make and finalize alternate permanency plans in a timely manner when reunification is not appropriate or possible.

(B) If continuation of reasonable efforts as listed above is determined to be inconsistent with the permanency plan for the child, reasonable efforts are made to place the child in a timely manner in accordance with the permanency plan including, if appropriate, through an interstate placement, and to complete whatever steps are necessary to finalize the permanent placement of the child.

(C) They also include efforts made to obtain permanency for a child who has been in an out-of-home placement for more than twelve (12) months or for fifteen (15) of the last twenty-two (22) months;

(58) “Receiving party” means the local agency, office, facility, or individual who will be supervising a child placed into a state under the provisions of the ICPC;

(59) “Receiving state” means the state to which a child is sent for supervision under the provisions of the ICPC;

(60)(A) “Relative” (for provisional resource homes) means a person within the fifth degree of kinship by virtue of blood, marriage, or adoption (Arkansas Code § 9-28-402(18) and the Child Welfare Agency Licensing Act, Arkansas Code § 9-28-401 et seq.).

(B) The fifth degree is calculated according to the child;

(61) “Relative” (for notification purposes only) means a person within the third degree of kinship by virtue of blood or adoption;

(62)(A) “Resource home safety plan” means if, at any time during the resource family application or reevaluation process, a Resource Specialist determines that any aspect of the home may pose a safety risk to children placed in the home, the prospective or current resource family, as applicable, may be asked to implement a resource home safety plan to ensure the home is safe and in compliance with policy and licensing standards and otherwise adequately planning for the safety of children.

(B) Examples may include swimming pool safety plans, four-wheeler or any other all-terrain vehicle safety plan, and trampoline safety plans.

(C) The resource home safety plan must be implemented, as applicable, before the family can be approved as a resource home and will be documented in the division information management system;

(63) “Roomer or boarder” means a person to whom a household furnishes lodging, meals, or both for a reasonable monthly payment, and is not a household member;

(64) “Safety plan” means a court-ordered plan developed for a moderate or high-risk adjudicated delinquent sex offender, not to be confused with a plan put in place as part of a child maltreatment investigation to protect the child;

(65) “School” means any:

(A) Elementary school, junior high school, or high school;

(B) Technical institute or postsecondary vocational or technical school; or

(66) “Sending party” means a local agency, office, facility, court, or individual who has custody or jurisdiction of a child and has requested or arranged for an out-of-state placement per the provisions of ICPC;

(67) “Sexual abuse” means any of the following acts committed:

(A) By a person fourteen (14) years of age or older to a person younger than eighteen (18) years of age:

(i) Sexual intercourse, deviate sexual activity, or sexual contact by forcible compulsion;

(ii) Attempted sexual intercourse, deviate sexual activity, or sexual contact by forcible compulsion;

(iii) Indecent exposure; or

(iv) Forcing the watching of pornography or live sexual activity;

(B) By a person eighteen (18) years of age or older to a person not their spouse who is younger than fifteen (15) years of age:

(i) Sexual intercourse, deviate sexual activity, or sexual contact;

(ii) Attempted sexual intercourse, deviate sexual activity, or sexual contact; or

(iii) Solicitation of sexual intercourse, deviate sexual contact, or sexual contact;

(C) By a person twenty (20) years of age or older to a person not their spouse who is younger than sixteen (16) years of age:

(i) Sexual intercourse, deviate sexual activity, or sexual contact;

(ii) Attempted sexual intercourse, deviate sexual activity, or sexual contact; or

(iii) Solicitation of sexual intercourse, deviate sexual activity, or sexual contact;

(D) By a caretaker to a person younger than eighteen (18) years of age:

(i) Sexual intercourse, deviate sexual activity, or sexual contact;

(ii) Attempted sexual intercourse, deviate sexual activity, or sexual contact;

(iii) Forcing or encouraging the watching of pornography;

(iv) Forcing, permitting, or encouraging the watching of live sexual activity;

(v) Forcing listening to a phone sex line;

(vi) Committing an act of voyeurism; or

(vii) Solicitation of sexual intercourse, deviate sexual activity, or sexual contact;

(E) By a person younger than fourteen (14) years of age to a person younger than eighteen (18) years of age:

(i) Sexual intercourse, deviate sexual activity, or sexual contact by forcible compulsion; or

(ii) Attempted sexual intercourse, deviate sexual activity, or sexual contact by forcible compulsion;

(F) By a person eighteen (18) years of age or older to a person younger than eighteen (18) years of age, the recruiting, harboring, transporting, obtaining, patronizing, or soliciting of a child for the purpose of a commercial sex act; or

(G) Grooming by a:

(i) Person eighteen (18) years of age or older to a person not their spouse who is younger than fourteen (14) years of age; or

(ii) Caretaker to a person younger than fourteen (14) years of age;

(68) “Sexual exploitation” means allowing, permitting, or encouraging participation or depiction of the juvenile in prostitution, obscene photographing, filming, or obscenely depicting a juvenile for any use or purpose;

(69) “Significant other” means a person with whom the parent shares a household or who has a relationship with the parent that results in the person acting in place of the parent with respect to the parent’s children, regardless of living arrangements;

(70)(A) “Special needs child” means a child who is free for adoption and belongs to a group of children for whom the Division of Children and Family Services does not have an adequate resource of approved applicants to provide a pool of available waiting adoptive families.

(B) Other children may be eligible for adoption assistance under this category if they have severe medical or psychological needs that require ongoing rehabilitation or treatment.

(i) Caucasian child nine (9) years of age or older;

(ii) Healthy child of color who is two (2) years of age or older; or

(iii) Member of any sibling group being placed together who share at least one (1) biological parent and who have either lived together or otherwise developed a bond prior to adoptive placement, and the child is:

(a) Legally free for adoption with parental rights terminated;

(b) Under eighteen (18) years of age and whose adoption has not been finalized prior to approval of the subsidy;

(d) A member of a noncustody out-of-home placement services case; or

(e) For the purposes of private and independent adoptions only, who is Supplemental Security Income eligible at the time the adoption petition is filed;

(71)(A) “Special subsidy” means a payment to provide for the costs of special services related to the child’s needs which cannot be met by the adoptive parent.

(B) It may include, but not be limited to, legal/medical/psychological/therapy services and corrective appliances, not to include orthodontic corrective appliances;

(72)(A) “State adoption subsidy” means payments for a child who is not categorized as Title IV-E or Supplemental Security Income eligible at the time of placement for adoption by the Division of Children and Family Services.

(B) Such a child, who meets other defined special needs characteristics, may be eligible for subsidized adoption from state moneys if it has been documented that a reasonable effort has been made to place the child without the benefit of an adoption subsidy.

(73)(A) “State legal subsidy” means Office of Chief Counsel legal services provided for children in Division of Children and Family Services custody and noncustody out-of-home placement in order to finalize an adoption.

(B) A legal subsidy does not include the use of a private attorney.

(C) The children are eligible for a legal subsidy whether or not they meet the criteria for special needs and without regard to eligibility to:

(i) Title IV-E;

(ii) State maintenance subsidy; or

(iii) Nonrecurring subsidy;

(74) “Subject of the report” means the alleged offender, the custodial and noncustodial parent, guardian, and legal custodians of the child who are subject to suspected maltreatment, and the child who is the subject of suspected maltreatment;

(75)(A) “Supervision” involves periodic contacts to the home, school, or other places to monitor or observe a child’s situation or condition.

(B) This service also may include arrangement and observation of family time;

(76) “Temporary custody” means custody that is transferred to a person during the pendency of the juvenile court case when services are being provided to achieve the goal of the family case plan;

(77) “Temporary placement” means placement intended to be temporary (such as emergency shelter) until a stable placement can be located for the child in accordance with Division of Children and Family Services policy;

(78) “Trial placement” means the custody of the child remains with the Division of Children and Family Services but the child is returned to the home of a parent or the person from whom custody was removed for a period not to exceed sixty (60) days;

(79) “True” means a determination when the allegation of child maltreatment is supported by a preponderance of the evidence;

(80) “Underage juvenile offender” means any child younger than fourteen (14) years of age for whom a report of sexual abuse has been determined to be true for sexual abuse to another child;

(81) “Unsubstantiated” means a determination when the allegation of child maltreatment is not supported by a preponderance of the evidence; and

(82) “Voyeurism” means looking, for the purpose of sexual arousal or gratification, into a private location or place in which a child may reasonably be expected to be nude or partially nude.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"02/2025" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

Subpart 2

9 CAR § 40-201 Division mission, priorities, vision, practice model, powers, and duties {#sec-9-car-40-201 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-201}

9 CAR § 40-201. Division mission, priorities, vision, practice model, powers, and duties.

(a) Mission.

(1) The mission of the Division of Children and Family Services is to keep children safe and help families.

(2) The division will respectfully engage families and youth and use community-based services and supports to assist caregivers in successfully caring for their children.

(3) We will focus on the safety, permanency, and well-being of all children and youth.

(b) Vision. Every child deserves a safe, stable, and nurturing family every day.

(1) Safely stabilize and preserve families.

(2)(A) When that is not possible, safely care for children and quickly reunify children to their families of origin.

(B) If children must be removed from the home, relative and fictive kin caregivers will be considered immediately and throughout the entire engagement with the family.

(3) Safely support child permanency, well-being, and development of culturally safe, lifelong relationships, when reunification is not possible.

(d) Practice model.

(1)(A) Arkansas’s practice model, At One Table, represents the culmination of our collective vision that every child deserves a safe, stable, and nurturing family every day.

(B) The At One Table practice model is based on the following core values:

(i) Relationships with children, youth, and families are the foundation;

(ii) Collaborative partnerships with resource families;

(iii) Helping children and youth achieve their full potential and develop lifelong relationships;

(iv) Shared responsibility with community partners;

(v) A strong working relationship with the legal system; and

(vi) A workplace culture characterized by reflection, appreciation, and ongoing learning.

(C) The practice model illustrates how we work every day to translate our vision into the division’s practice with children and families by providing supervisors, managers, and field staff with concrete examples of the practices that best reflect our child welfare culture.

(D) To view the complete practice model including its guiding principles, examples of agency practice, and key actions for staff of all levels, please see the At One Table practice model.

(1) Coordinate communication between various components of the child welfare system;

(2) Provide services to dependent-neglected children and their families;

(3) Investigate reports of child maltreatment and assess the health, safety, and well-being of children during investigations;

(4) Provide services, when appropriate, designed to allow maltreated children to safely remain in their homes;

(5) Protect children when remaining in their home presents an immediate danger to their health, safety, or well-being;

(6) Ensure placements support the goal of permanency for children when the division is responsible for the children’s placement and care;

(7) Ensure the health, safety, and well-being for children when the division is responsible for the children’s placement and care; and

(8) Promulgate rules necessary to administer these powers and duties.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"01/2013" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-202 Child welfare delivery system {#sec-9-car-40-202 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-202}

9 CAR § 40-202. Child welfare delivery system.

(a)(1) The Division of Children and Family Services purchases services from private and public agencies, universities, and individuals using state and federal funds.

(2) Programs and services of other divisions within the Department of Human Services may also be available to clients of the Division of Children and Family Services.

(3) Delivery of services is coordinated with other divisions administering:

(A) Transitional Employment Assistance (TEA), Temporary Assistance for Needy Families (TANF), and Medicaid;

(B) Supplemental Nutrition Assistance Program (SNAP);

(D) Other federal entitlement programs.

(b)(1) The services are authorized and funded in conjunction with various state and federal laws which govern the operation of the Division of Children and Family Services.

(2) The major federal laws governing service delivery, as amended, are:

(A) The Civil Rights Act of 1964, Pub. L. No. 88-352, Titles VI, VII, and IX;

(B) The Rehabilitation Act of 1973, Pub. L. No. 93-112, Sections 503, 504;

(D) The Social Security Act of 1935, Pub L. No. 74-271 Titles:

(i) IV-A — Block Grants to States for Temporary Assistance for Needy Families;

(ii) IV-B — Child and Family Services;

(iii) IV-E — Federal Payments for Foster Care, Prevention, and Permanency;

(iv) XIX — Grants to States for Medical Assistance Programs; and

(v) XX — Block Grants to States for Social Services;

(E) Public laws:

(i) 93-247— Child Abuse and Neglect;

(ii) 94-142 — The Education for All Handicapped Children Act of 1975;

(iii) 96-272 — The Adoption Assistance and Child Welfare Act of 1980; and

(iv) 105-89 — The Adoption and Safe Families Act of 1997.

(1) The Division of Children and Family Services complies with Titles VI and VII of the Civil Rights Act of 1964 and operates, manages, and delivers services without regard to:

(A) Race;

(B) Color;

(D) Sex;

(E) Age;

(F) National origin;

(G) Mental or physical disability;

(H) Veteran status;

(I) Political affiliation; or

(J) Belief.

(2) The Division of Children and Family Services is the designated state agency to administer and supervise all child and family services (Titles IV-B and IV-E of the Social Security Act of 1935).

(d) Compliance with Indian Child Welfare Act.

(1)(A) The Division of Children and Family Services is respectful of the varying cultures and heritages of the families it serves.

(B) To that end, the Division of Children and Family Services complies with all mandates of the federal Indian Child Welfare Act of 1978, Pub. L. No. 95-608 (ICWA).

(D) ICWA mandates preventive services before removal to:

(i) Protect the best interest of Native American children; and

(ii) Promote the stability and security of Native American families and tribes.

(E) This includes:

(i) Preventing the unnecessary and arbitrary removal of Native American children from their families and tribes; and

(ii) Placing a Native American child who must be removed in an available and safe home that reflects the unique values of the Native American culture.

(2)(A) If a child of Native American descent is transferred from the custody of the division to a Tribal IV-E agency or an Indian tribe with a Title IV-E agreement, the Division of Children and Family Services will work in close consultation with the applicable Native American tribe to ensure the transfer of custody does not affect a child's eligibility for:

(i) Title IV-E or medical assistance under Title XIX (Medicaid); or

(ii) Receipt of services or payment under Title IV-E or Medicaid.

(B) The Division of Children and Family Services will determine, if the eligibility determination is not already completed, the:

(i) Child’s IV-E eligibility at the time of the transfer of placement; and

(ii) Responsibility of care of a child to a tribal Title IV-E agency or an Indian tribe with a Title IV-E agreement.

(3) The Division of Children and Family Services will provide essential documents and information necessary to continue a child's eligibility under Title IV-E and Medicaid programs under Title XIX to the tribal Title IV-E agency, including, but not limited to providing:

(A) All judicial determinations to the effect that:

(i) Continuation in the home from which the child was removed would be contrary to the welfare of the child; and

(ii) Reasonable efforts to prevent removal have been made;

(B) Other documentation the Division of Children and Family Services has that relates to the child's Title IV-E eligibility;

(C) Information and documentation available to the Division of Children and Family Services regarding the child's eligibility or potential eligibility for other federal benefits;

(D) The family case plan, including health and education records of the child; and

(E) Information and documentation of the child's placement settings, including a copy of the most recent provider's license or approval.

(e) Compliance with the Multiethnic Placement Act of 1994.

(1)(A) The Division of Children and Family Services also complies with the Multiethnic Placement Act of 1994, Pub. L. No. 103-382 (MEPA) in making foster care and adoptive placements.

(B) The Multiethnic Placement Act of 1994 provides for assessment of individual liability to staff for knowingly violating MEPA requirements.

(2) The Multiethnic Placement Act of 1994 prohibits:

(A) Delaying or denying the placement of a child for adoption or foster care on the basis of race, color, or national origin of the resource parent or the child involved; and

(B) Denying any individual the opportunity to become a resource parent on the basis of the prospective parent’s or the child’s:

(i) Race;

(ii) Color; or

(iii) National origin.

(3) MEPA also requires that to remain eligible for federal assistance for their child welfare programs, states must diligently recruit resource parents who reflect the racial and ethnic diversity of the children in the state who need resource homes.

(4) Consideration of race, color, or national origin is permissible only when an individual determination is made that the facts and circumstances of a particular case require the consideration of race, color, or national origin in order to advance the best interests of the child in need of placement.

(5) The Division of Children and Family Services’ compliance with the Indian Child Welfare Act of 1978 does not violate the Multiethnic Placement Act of 1994.

History

Codification Notes: Titles VI, VII, and IX of the Civil Rights Act of 1964 is codified at 42 U.S.C. § 2000d et seq., 42 U.S.C. §§ 2000e – 2000e-17, and 20 U.S.C. §§ 1681-1688, respectively.Sections 503 and 504 of the Rehabilitation Act of 1973 are codified at 29 U.S.C. §§ 793 and 794.Title II of the Americans with Disabilities Act of 1990 is codified at 42 U.S.C. §§ 1231 – 12165.Titles IV-A, IV-B, IV-E, XIX, and XX of the Social Security Act of 1935 are codified at 42 U.S.C. § 601 et seq., 42 U.S.C. § 621 et seq., 42 U.S.C. § 670 et seq., 42 U.S.C. § 1396-1 et seq., 42 U.S.C. § 1397 et seq., respectively.This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "10/2013" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-203 Division of Children and Family Services volunteers {#sec-9-car-40-203 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-203}

9 CAR § 40-203. Division of Children and Family Services volunteers.

(a)(1) Because families’ success depends on community involvement, Division of Children and Family Services volunteers are an integral part of the child welfare system working to improve outcomes for children and families.

(2) Division of Children and Family Services volunteers may serve in a variety of capacities based on their interests, skill level, and training.

(3) Regardless of the role volunteers may play, all volunteers are responsible for ensuring the proper care, treatment, safety, and supervision of the children they serve.

(4) Volunteers must be at least twenty-one (21) years of age with the exception of stipend and nonstipend interns who must be at least eighteen (18) years of age.

(b)(1) A county office volunteer designee will be established in each Division of Children and Family Services county office to assist and support local volunteers.

(2) The Division of Children and Family Services Statewide Volunteer Coordinator will help:

(A) Process volunteer applications; and

(B) Provide technical assistance to local county office and volunteer designees.

(3) The Division of Children and Family Services Statewide Volunteer Coordinator will also serve as the direct point of contact for community organizations that recruit volunteers to then support Division of Children and Family Services activities.

(c)(1) Community organizations that recruit their own volunteers to then provide assistance to Division of Children and Family Services staff and clients also play a vital role in supporting children and families and are valued Division of Children and Family Services partners.

(2) Each community organization liaison will be responsible for submitting all required background checks and other application materials for their agency volunteers to the Division of Children and Family Services Statewide Volunteer Coordinator.

(3) After the background check results have been received and approved by the Division of Children and Family Services, the Community Organization Liaison will also be responsible for updating these background checks every two (2) years for those individuals who continue to serve as volunteers for that agency.

(d)(1) All prospective volunteers who have direct and unsupervised contact with children must be cleared through:

(A) The Child Maltreatment Central Registry; and

(B) A Division of Arkansas State Police criminal record check.

(2) The Division of Children and Family Services will request any other state where the prospective volunteer has resided in the preceding five (5) years to check its child abuse and neglect registry, if available, and in the person’s state of employment, if different, for reports of child maltreatment, if available.

(3) Any prospective volunteer who has not lived in Arkansas continuously for the past five (5) years must also clear a Federal Bureau of Investigation fingerprint-based criminal background check.

(4) A vehicle safety check and a copy of proof of auto insurance are also required for all prospective volunteers who will have direct and unsupervised contact with children and other clients.

(5) Once a volunteer is approved, all background checks will be run every two (2) years thereafter as long as an individual remains a volunteer with the Division of Children and Family Services.

(e) Volunteers who will not have direct contact with children and clients are not required to complete background checks.

(f)(1) All volunteers will:

(A) Maintain confidentiality of children and families served by the Division of Children and Family Services; and

(B) Sign a confidentiality agreement to this effect.

(2) Confidentiality applies to verbal, written, and electronic transmittal of information.

(3) Volunteers will not have unsupervised access to the division information management system.

(g)(1) Volunteers will be supervised by an appropriate staff person.

(2) A volunteer who works unsupervised and substitutes as staff must meet the qualifications required for a paid employee in that position.

(h) Volunteers approved by the Division of Children and Family Services to transport children experiencing foster care or families the Division of Children and Family Services serves or to supervise family time at the request of the Division of Children and Family Services shall not be liable to the children experiencing foster care, families the Division of Children and Family Services serves, or the caregivers of children experiencing foster care for injuries to the children or caregivers caused by the acts or omissions of a volunteer unless the acts or omissions constitute malicious, willful, wanton, or grossly negligent conduct.

(i)(1) An approved volunteer who performs home studies without compensation shall have immunity from liability as provided for state officers and employees.

(2) While a home study volunteer may be recruited through any organization operating under a memorandum of understanding with the Division of Children and Family Services for the completion of home studies, only the Division of Children and Family Services will approve the home study volunteer.

(j)(1) If at any point during the volunteer application and assessment process the Division of Children and Family Services determines that an applicant does not meet the standards or any other criteria for a Division of Children and Family Services volunteer, then the Division of Children and Family Services will deny approval of the volunteer.

(2) If at any time during the course of an approved volunteer’s service with the Division of Children and Family Services it is determined that the volunteer poses a risk to children, then the Division of Children and Family Services will terminate the volunteer’s services immediately.

(k)(1) In the interest of providing stability for children and families, the Division of Children and Family Services recruits relatives and fictive kin as volunteers for their specific family members.

(2) Relative and fictive kin applicants must be cleared through the Child Maltreatment Central Registry and through a Division of Arkansas State Police criminal record check as well as meet driving requirements established by the Division of Children and Family Services.

(3) The Division of Children and Family Services will request any other state where the prospective volunteer has resided in the preceding five (5) years to check its child abuse and neglect registry, if available, and in the person’s state of employment, if different, for reports of child maltreatment, if available.

(l)(1) If approved, these relative and fictive kin volunteers:

(A) Are available to provide transportation for their family members; and

(B) Will not be allowed to participate as a volunteer for the Division of Children and Family Services in any other manner.

(2) Because the relative and fictive kin volunteers will serve in a case-specific role, the Division of Children and Family Services will make exceptions to the volunteer application process, such as completing only the necessary background check forms rather than the entire volunteer packet, to expedite the availability of the relative and fictive kin volunteers to provide services for their family members.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"04/2018" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-204 Volunteer application process and approval {#sec-9-car-40-204 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-204}

Codification Notes: 9 CAR § 40-204, concerning the volunteer application process and approval, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-205 Volunteer background check renewals {#sec-9-car-40-205 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-205}

Codification Notes: 9 CAR § 40-205, concerning volunteer background check renewals, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-206 Relative and fictive kin volunteer application and process for approval {#sec-9-car-40-206 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-206}

Codification Notes: 9 CAR § 40-206, concerning the relative and fictive kin volunteer application and process for approval, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-207 Official record keeping — Access to official records {#sec-9-car-40-207 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-207}

9 CAR § 40-207. Official record keeping — Access to official records.

(a)(1) The official record of child welfare information for the Division of Children and Family Services is maintained through the division information management system.

(2) The division information management system is a fully automated, worker-based child welfare information system.

(b)(1) The division information management system is overseen by the Department of Human Services Office of Information Technology .

(2) The Department of Human Services Office of Information Technology is responsible for:

(A) Enhancements to the division information management system application;

(B) Data monitoring;

(D) Some specialized training.

(c)(1) In instances when information is not able to be entered into the division information management system, some hard copies (including but not limited to, forms with signatures, medical records, or education records) are also considered part of the official record.

(2) A hard copy file of case information will be maintained for data not in the division information management system.

(3) Hard copy files will be created, if necessary for case review.

(d) Division employees with access to the division information management system are prohibited from accessing or viewing any information regarding investigative reports or open cases to which he or she is not assigned unless:

(1) Permission from their supervisor is granted to view the information; or

(2) The employee is the supervisor for that report or open case.

(e)(1) This prohibition extends to any division employee or provider with access to the division information management system who is a “subject of the report” as defined in the Child Maltreatment Act, Arkansas Code § 12-18-101 et seq.

(2) This part holds regardless of whether the information is restricted or not to the division employee or provider.

(f) The division supervisors are prohibited from accessing or viewing investigative report or open case information in the division information management system if the interest in the report or case is personal (that is, not professionally related).

(g) The division employees and providers are also prohibited from accessing or viewing any information in the division information management system if the interest in the investigation or case is personal (including but not limited to, a friend, family member, or present or former colleague is involved in the report or case).

(h) Record retention schedule.

(1) Retain all information in the automated division information management system indefinitely to assist the division in assessing future risk and safety.

(2) Records of all cases where allegations are determined to be true shall be retained by the Child Maltreatment Central Registry and all records with true determinations shall be retained forever.

(3)(A) Records of unsubstantiated reports are not part of the Child Maltreatment Central Registry.

(B) They will be destroyed by the investigating agency at the end of the month in which the determination is made.

(4) Records of all cases where allegations are determined to be unsubstantiated shall not be included in the Child Maltreatment Central Registry.

(5)(A) Retain all in-home services, differential response, permanency services, and prevention services records for five (5) years after the youngest child turns twenty-one (21) years old.

(B) Retain all other client files for five (5) years after:

(i) The file is closed; or

(ii) The last case activity.

(6) Retain all resource family and adoptive applicant files that are denied for three (3) years from the date that the applicant is informed of the decision.

(7) Retain all resource family and adoptive applicant files where no decision is rendered due to incomplete process for three (3) years from the date of the last documented communication with the applicant.

(8) Retain all adoption records for ninety-nine (99) years.

(9)(A) Retain all rules until superseded.

(B) Superseded rules must be retained on an as-needed basis.

(10) Retain all records relating to a person or entity contracting with the division for five (5) years after the contract ends or is terminated.

(11) Retain all administrative records including programmatic financial records for five (5) years after the end of the biennium in which the records were produced.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"05/2014" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-208 Confidentiality {#sec-9-car-40-208 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-208}

9 CAR § 40-208. Confidentiality.

(a) Overview.

(1)(A) The Division of Children and Family Services is committed to best practice in relation to respecting client confidentiality.

(B) Information is confidential if it is not intended to be disclosed to persons other than those to whom disclosure is allowed under the statute.

(C) All employees of the Division of Children and Family Services shall maintain the confidentiality of children and families served by the Division of Children and Family Services.

(D) Confidentiality applies to verbal, written, and electronic transmittal of information including information in the Division of Children and Family Services information management system.

(2)(A) No Division of Children and Family Services employee may accept employment or engage in any activity while serving as a Division of Children and Family Services employee which might reasonably be expected to require or induce the employee to disclose confidential information.

(B) In addition, no Division of Children and Family Services employee may disclose confidential information or use confidential information for the gain or benefit of the employee or person in a close, personal relationship to the employee.

(b) Investigative records.

(1) Child maltreatment investigative data, records, reports, and documents are confidential and may only be disclosed as provided for in the Child Maltreatment Act, Arkansas Code § 12-18-101 et seq.

(2)(A) If a Division of Children and Family Services employee wrongfully discloses confidential information, they are guilty of a Class A misdemeanor and can lose their job.

(B) For a Class A misdemeanor, the sentence shall not exceed:

(i) One (1) year in the county jail; and

(ii) A one-thousand-dollar fine.

(1)(A) Reports, correspondence, memoranda, case histories, or other materials related to in-home, prevention, and permanency case records, shall be confidential and shall not be released or otherwise made available, except to the extent permitted by federal and state law and only as listed below.

(B) This includes protected health information compiled or received by a licensee or a state agency engaged in placing a child:

(i) To the Director of the Child Welfare Agency Review Board as required by rules;

(ii) For adoptive placements, as provided by the Revised Uniform Adoption Act, Arkansas Code § 9-9-201 et seq.;

(iii) To multidisciplinary teams under Arkansas Code § 12-18-106(a);

(iv)(a) To the child's parent, guardian, or custodian.

(b) However, the licensee or state agency may redact information from the record such as the name or address of resource parents or providers when it is in the best interest of the child.

(c) The licensee or state agency shall redact counseling records, psychological or psychiatric evaluations, examinations or records, drug screens or drug evaluations, or similar information concerning a parent if the other parent is requesting a copy of a record;

(v) To the child;

(vi)(a) To healthcare providers to assist in the care and treatment of the child at the discretion of the licensee or state agency and if deemed to be in the best interest of the child.

(b) Healthcare providers include doctors, nurses, emergency medical technicians, counselors, therapists, mental health professionals, and dentists;

(vii) To school personnel and childcare centers caring for the child at the discretion of the licensee or state agency and if deemed to be in the best interest of the child;

(viii)(a) To resource parents, the permanency record for children experiencing foster care currently placed in their home.

(b) However, information contained in records released by the Division of Children and Family Services to the resource parent about the caregivers and any siblings not in the resource home:

(1) Will not be redisclosed by the resource parent; and

(2) Will only be used to assist the resource parent in the care of the child placed in the resource parent’s home (see 9 CAR § 40-815, providing information to and gathering information from resource parents);

(ix)(a) To the Child Welfare Agency Review Board.

(b) However, at any board meeting no information which identifies by name or address any in-home or permanency services recipient or child experiencing foster care shall be orally disclosed or released in written form to the general public;

(x) To the Division of Childhood and Early Childhood Education, including child welfare agency licensing specialists;

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

(xii) Upon presentation of an order of appointment, to a court-appointed special advocate;

(xiii) To the attorney ad litem for the child;

(xiv) For law enforcement or the prosecuting attorney upon request;

(xv) To circuit courts, as provided for in the Arkansas Juvenile Code , Arkansas Code § 9-35-101 et seq.;

(xvi) In a criminal or civil proceeding conducted in connection with the administration of any such plan or program;

(xvii) For purposes directly connected with the administration of any of the state plans as outlined;

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

(xix)(a) To individual federal and state representatives and senators in their official capacity, and their staff members, with no redisclosure of information.

(b) No disclosure shall be made to any committee or legislative body of any information which identifies by name or address any recipient of services;

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

(xxi) To a person, provider, or government entity identified by the licensee or the state agency as having services needed by the child or their family;

(xxii) To volunteers authorized by the licensee or the state agency to provide support or services to the child or their family at the discretion of the licensee or the state agency and only to the extent information is needed to provide the support or services;

(xxiii)(a) To a person, agency, or organization engaged in a bona fide research or evaluation project that is determined by the Division of Children and Family Services to have value for the evaluation or development of policies and programs within the Division of Children and Family Services.

(b) Any confidential information provided for a research or evaluation project shall not be redisclosed or published;

(xxiv) To a child fatality review panel as authorized by the Division of Children and Family Services;

(xxv) To a Child Welfare Ombudsman.

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

(d) Permanency and adoptive records.

(1) Resource home records are confidential and shall not be released except:

(A) To the resource parents;

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

(D) To the Child Welfare Agency Review Board;

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

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

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

(H) To individual federal and state representatives and senators in their official capacity, and their staff members with no redisclosure of information;

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

(J) To the attorney ad litem and court-appointed special advocate, the home study on an adoptive family selected by the Division of Children and Family Services to adopt the juvenile.

(2)(A) Any person or agency to whom disclosure is made shall not disclose to any other person reports or other information obtained.

(B) Any person disclosing information in violation of Arkansas Code § 12-18-104 shall be guilty of a Class A misdemeanor.

(3) The Social Service Specialist may by law sign for releases of information for children in the Division of Children and Family Services custody.

(4) The Social Service Specialist must present a copy of the custody order to receive medical and school records.

(5)(A) The Consent for Release of Information must be signed by the caregiver to receive copies of caregiver’s records.

(B) However, the caregiver’s signature is not necessary for obtaining records for the child.

(6) An attorney ad litem shall be provided access to all records relevant to the child’s case, including, but not limited to, school records, medical records, juvenile court records, and the Division of Children and Family Services records to the extent permitted by federal law.

(e) Adoption records.

(1) Nonidentifying information from finalized records can only be released by the Arkansas mutual consent voluntary adoption registry.

(2) Identifying information from a finalized record can only be released by court order.

(f) Release of information requests regarding a child experiencing foster care.

(1)(A) When a release of information regarding a child is requested, the Social Service Specialist shall take the necessary steps to guard the confidentiality of personal information.

(B) The steps include:

(i) Ensuring that no identifying or potentially harmful information on a child is released; and

(ii) The consent shall be reviewed and approved by the Office of Chief Counsel.

(C) Court orders that direct the release of specific information to specified offices, agencies, or people will be construed as proper consent for release of information.

(D)(i) No other consent is necessary.

(ii) However, the Office of Chief Counsel will be informed whenever such a release of information is being made.

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

(3)(A) Requests for media releases that would not be considered normal and age appropriate include, but are not limited to, requesting permission to release photographs, voice reproductions, slides, video tapes, movie films, promotional pamphlets, and news releases.

(B) The Division of Children and Family Services will review the contents of such release along with the Office of Chief Counsel and make any necessary modifications.

(C) Consideration will be given to the protection of the child’s identity and assurances that the contents of the material released will present the child in a light that would not be distasteful or negative to the child.

(D) The Director of the Division of Children and Family Services or designee will be consulted in matters that may reflect on the Division of Children and Family Services.

(E) In cases of consents for coverage by news media, consultation will also be sought from the:

(i) Department of Human Services Director of Communications; and

(ii) Child’s attorney ad litem.

(F) The resource parents and other placement providers will be informed of these policies.

(4) The Division of Children and Family Services must obtain documented consent from a child twelve (12) years of age or older to show photographs for recruitment of an adoptive family.

(g) Freedom of Information Act.

(1)(A) Personnel records can be disclosed to the public, unless to do so would clearly be an unwarranted invasion of privacy.

(B) Therefore, the Division of Children and Family Services cannot release the Social Security number, school transcripts, or PGCS information of any staff unless that person has been suspended or terminated as a result of their PGCS score.

(C) Grievance information becomes public record, after the grievance process is completed, if a grievance is appealed to the State Grievance Review Committee.

(D) If the grievance is not appealed to the state level, the discipline does not become public record.

(E) See Arkansas Code § 25-19-105.

(2) Any data, records, reports, or documents that are created, collected, or compiled by or on behalf of the Division of Children and Family Services, the Division of Arkansas State Police, or other entity authorized under the Child Maltreatment Act, Arkansas Code § 12-18-101 et seq., to perform investigations or provide services to children, individuals, or families shall not be subject to disclosure under the Freedom of Information Act of 1967, Arkansas Code § 25-19-101 et seq.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"01/2020" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

Subpart 3

9 CAR § 40-301 Prevention services {#sec-9-car-40-301 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-301}

9 CAR § 40-301. Prevention services.

(a) Overview.

(1)(A) Prevention services are designed to reduce the likelihood of future child maltreatment by providing interventions to:

(i) Help caregivers in their child-rearing role;

(ii) Strengthen family functioning; and

(iii) Promote the healthy development of children.

(B) Services may be provided directly by Division of Children and Family Services staff via purchased services, by referral to another appropriate agency, or some combination of these options.

(C) Examples may include, but are not limited to, parenting education and service referrals such as counseling or Supplemental Nutrition Assistance Program (SNAP).

(D) A family’s participation in a prevention services case is voluntary.

(2) If the needs of the family require only a referral for services and do not require further follow-up from the division, division staff will make the necessary referrals as soon as possible but are not required to open a prevention services case for the family in the division information management system.

(3)(A) If the family needs assistance beyond a single referral to another community provider and consents to participate in a prevention services case, the division will open a prevention services case for the family in the division information management system.

(B) Prevention services cases are generally time-limited but may remain open for the duration necessary for appropriate service provision.

(4)(A) The division will complete the division’s approved safety and risk assessment tools for households involved in prevention services cases.

(B) Prevention services cases opened from differential response or investigative pathways will have already had initial risk assessments in the course of differential response or an investigation.

(C) Please see below for more information regarding how a prevention services case may be opened following a differential response or investigation.

(5)(A) The division will collect and assess information about the family’s strengths and needs utilizing the division’s approved family assessment tool.

(B) For any prevention services case open longer than thirty (30) days, the division will also develop a prevention services family case plan with the family within that thirty-day period.

(C) Family case plan services and supports will be based on the needs and strengths identified via the division’s approved family assessment tool.

(D) The assigned Social Service Specialist will maintain regular contact with family as needed based on the risk assessment rating.

(E) If the risk assessment rating is low or moderate, contact should be at least weekly during the first month of the case and at least monthly thereafter.

(F) For risk assessment ratings of high or very high, at least weekly contact is recommended throughout the life of the case or until measurable risk reduction has occurred.

(6) If a safety threat is identified or child maltreatment is suspected at any point during an interaction with a household with a prevention services referral, division staff will fulfill their mandated reporter duty by making a report to the Child Abuse Hotline.

(b) Traditional prevention services cases.

(1)(A) The division will accept referrals for households in need of assistance for a wide range of services based on the assessed needs of the household.

(B) Such referrals will not be accepted through the Child Abuse Hotline as child maltreatment reports.

(C) Rather, a household member may request a prevention services case from the division supervisor in their local Department of Human Services office if they feel they are in need of services.

(D)(i) If the family accepts, a prevention services case will be opened.

(ii) Prevention services cases may be eligible for Family First prevention services.

(E)(i) As such, foster care candidate eligibility screens must be completed for each prevention services case.

(ii) Cases determined to be eligible as a foster care candidate must also have a prevention plan completed.

(1) A prevention services case will be open when the division has contact with a household through an investigation if the division’s approved safety and risk assessment results recommend opening a case, but the investigation is unsubstantiated.

(2) The goal of the prevention services case in these instances is to provide services to strengthen the family and prevent future maltreatment.

(d) Prevention services for underage juvenile offenders.

(1) A prevention services case may be provided to a family when one (1) of the household members is an underage juvenile offender (UJO).

(2) The division will offer services to the caregivers for the UJO to include, but not be limited to, referrals for offender treatment and collaborating with the child’s school to ensure safety of the child or other children in the classroom.

(e) Prevention services following differential response. For families involved in differential response that require services beyond sixty (60) days to remedy the conditions or issues that resulted in the child maltreatment report sent to the differential response pathway, those services may be offered through a prevention services case (see 9 CAR § 40-302, differential response, for more information), particularly if the division’s approved safety and risk assessment results recommend opening a case.

(f) Prevention services via family in need of services.

(1) There are some situations in which a judge may order family services for a household through a Family In Need of Services (FINS).

(2) The division will provide such family services through the opening of a prevention services case (see 9 CAR § 40-341, family in need of services, for more information).

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"02/2025" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-302 Differential response {#sec-9-car-40-302 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-302}

9 CAR § 40-302. Differential response.

(a) Overview.

(1)(A) Differential response (DR) is a family engagement approach that allows the Division of Children and Family Services to respond to reports of specific, low risk allegations of child maltreatment with a family assessment approach rather than a traditional investigative response.

(B) The goals of differential response are to prevent removal from the home and engage and strengthen the families involved.

(C) As with investigations, differential response is initiated through accepted Child Abuse Hotline reports, focuses on the safety and well-being of the child, and promotes permanency.

(D) Due to variations in the severity of reported maltreatment, having two (2) different response options allows for a differential response or an investigation, whichever is most appropriate, to respond to reports of child maltreatment.

(2)(A) Investigations require the gathering of forensic evidence in order to formally determine whether there is a preponderance of evidence that child abuse or neglect has occurred.

(B)(i) Differential response is an approach that uses a nonadversarial, nonaccusatory family assessment approach.

(ii) With DR, there is no determination of “true” or “unsubstantiated”, and no person is identified as a perpetrator or offender.

(C) Development of a family’s support network, community involvement, and connecting families to informal, supportive resources in their local communities are crucial aspects to a successful intervention for all types of cases, but particularly for DR.

(3) DR involves a comprehensive and collaborative family assessment that includes an assessment of:

(A) The household strengths and acts of protection;

(B) The household safety and risks; and

(C) Any underlying issues, needs, or additional child maltreatment concerns that may not have been identified in the original hotline report.

(4)(A) Differential response also partners with families to build upon strengths identified during the family assessment process as well as to provide services to meet the family’s identified needs and support positive parenting.

(B) The information obtained through the family assessment will be used to create a family plan with the family, if applicable.

(D) Services will be put into place to:

(i) Strengthen existing acts of protection with the family;

(ii) Meet the needs of the family; and

(iii) Address the conditions or issues that resulted in the child maltreatment report.

(5) The information obtained through the DR process will be used to create a family plan, if applicable, which will be designed to strengthen protective factors within the family and mitigate any risk factors facing the family.

(b) Differential response eligibility criteria.

(1) All of the following factors must be present for a report to be assigned to differential response unless the exceptions in subdivision (b)(2) of this section apply:

(A) Identifying information for the family members and their current address or a means to locate them is known at the time of the report;

(B) Those alleged to be responsible for the allegations are parents, birth or adoptive, legal guardians, custodians, or any person standing in loco parentis;

(D) The children alleged to be maltreated, siblings, or other household members are not currently in the care and custody of the division or wards of the court; and

(E) Protective custody of the children has not been taken or required in the current investigation.

(2) The allegations prohibit the report from being assigned to a differential response pathway:

(A) Inadequate supervision reports involving children under five (5) years of age or a child five (5) years of age or older with a physical or mental disability which limits their skills in the areas of communication, self-care, self-direction, and safety will be assigned the investigative pathway;

(B) Educational neglect reports involving a child that was never enrolled in an educational program;

(C) Environmental neglect reports involving children under three (3) years of age, and those situations in which the hotline assesses an immediate danger to the child’s health or physical well-being based upon the severity;

(D) Lock out reports involving children under ten (10) years of age, and those situations in which the hotline assesses an immediate danger to the child’s health or physical well-being based upon the severity;

(E) Medical neglect reports involving children under thirteen (13) years of age or a child with a severe medical condition that could become serious enough to cause long-term harm to the child if untreated will be assigned the investigative pathway; and

(F) Reports of human bites, sprains or dislocations, striking a child seven (7) years of age or older on the face, striking a child with a closed fist, and throwing a child when these allegations occurred:

(i) Less than one (1) year ago; or

(ii) If the caller to the hotline can verify an injury either through physical signs (for example, scarring), medical information, dated photographs, or other forms of documentation, as applicable.

(1) Face-to-face contact with the children named in the report and at least one (1) caregiver involved in a differential response report must take place in the victim children’s household within seventy-two (72) hours of receipt of the initial hotline report.

(2) All other household members must be seen face-to-face within five (5) days of receipt of the initial hotline report.

(d) Safety and risk assessment.

(1)(A) Upon initial contact, the division will complete the division’s approved safety assessment.

(B) If a safety threat is identified and the safety assessment indicates the children are safe with a plan, the division will develop an immediate safety plan with the household and their identified network.

(C) The division will obtain approval of the immediate safety plan from the DR Supervisor or designee prior to leaving the home.

(D) The division will leave a copy or photo of the immediate safety plan with the household and their network.

(2) If a safety threat is identified and the safety assessment indicates the children are unsafe, the division will take a seventy-two-hour hold of the children in consultation with the supervisor or designee.

(3) The safety assessment will be entered into the division information management system within two (2) business days of contact with the family and updated as needed throughout the family’s involvement with the division.

(4)(A) The division’s approved risk assessment tool will be used to guide staff in their assessment of the likelihood of future maltreatment.

(B) The risk assessment tool will be completed in the division information management system as soon as there is enough information to do so, but no later than the conclusion of the DR and prior to any decision about case opening, if applicable.

(5)(A) Differential response cases are intended to be short-term lasting no longer than sixty (60) days.

(B) If a DR case is not closed by the end of sixty (60) days, then it will be closed or reassigned as a prevention services case or as an investigation as appropriate.

(e) Differential response team.

(1)(A) Family assessments will be conducted by specific differential response teams (division teams or contract provider teams) whose role is to assess for safety and strengths, identify service needs, and arrange for the services to be put in place.

(B) The local differential response team may consist of up to three (3) primary roles:

(i)(a) DR Social Service Supervisor.

(b) Provides management services including review and approval of assessments, case plans, and appropriateness of service referrals, case file documentation, service extensions, and requests to close family assessment cases;

(ii)(a) DR Social Service Specialist.

(b) Initiates contact with family and assumes the role of the family’s advocate and case manager; and

(iii)(a) DR Program Assistant or Assistants.

(b) Provides support and assistance as needed to the DR Social Service Specialist and families involved in DR cases.

(2) At minimum, a local differential response team will be composed of a DR Social Service Supervisor and a DR Social Service Specialist.

(f) Reassignments from differential response to investigations.

(1) A DR will be reassigned to the investigative pathway if the division:

(A) Is unable to conduct a safety assessment; or

(B) Identifies a safety threat and the caregiver is assessed to be a risk to a vulnerable population.

(2)(A) The division’s approved risk assessment tool assesses the likelihood of future maltreatment within that household.

(B) The risk assessment does not serve as the sole determinant when assessing if a caregiver poses a risk to a vulnerable population which includes without limitation children, the elderly, persons with a disability, and persons with a mental health illness.

(C) A separate assessment of whether a caregiver poses a threat to a vulnerable population must be conducted before requesting a DR to be reassigned to the investigative pathway.

(D) The following factors will be considered when determining whether an offender poses a risk of maltreatment to a vulnerable population:

(i) The severity of the child maltreatment;

(ii) The nature and severity of an injury or other adverse impact caused by the child maltreatment;

(iii) The current or future access the caregiver has or could have to a vulnerable population;

(iv) The caregiver’s previous child maltreatment history and whether there are similar fact patterns related to the current allegation and past child maltreatment history;

(v) Subsequent reports of child maltreatment against the caregiver; and

(vi) Criminal history of the offender.

(3) Additionally, if it is determined that there are additional children in the home who were not included in the Child Abuse Hotline report and whose ages would prohibit assignment to the differential response pathway, the division will assess on a case-by-case basis whether a case will remain a DR case or be reassigned to the investigative pathway.

(4) Further, if upon initial contact with the family an additional Priority II child maltreatment allegation (not related to the allegation connected to the DR referral provided by the Child Abuse Hotline) is identified by the DR team, the Social Service Specialist will contact the division DR Program Manager or designee to add the additional Priority II allegation to the DR referral.

(5) If upon initial contact with the family a Priority I child maltreatment allegation is identified by the DR team, the Social Service Specialist or designee will immediately call the Child Abuse Hotline to report the new Priority I allegation and then notify the DR Program Manager or designee of the new Priority I report.

(6)(A) If at any time during the DR service delivery period the Social Service Specialist, network member, contract provider, or other service provider has reasonable cause to believe that a safety threat is present and, as such, the child’s health or physical well-being are in immediate danger (as related to the allegation or allegations for which the initial DR referral was made), then an immediate safety plan will be developed and implemented with the family.

(B) If an immediate safety plan cannot mitigate the safety threat, the DR Supervisor or designee will determine if taking protective custody is necessary and if at any point, in consultation with the division DR Program Manager or designee, whether the DR should be reassigned to the investigative pathway due to the caregiver posing a risk to a vulnerable population.

(7) If at any time during the DR service delivery period the Social Service Specialist, contract provider, or other service provider identifies a new child maltreatment allegation (not related to the allegation connected to the DR referral), a call will be made immediately to the Child Abuse Hotline by the individual who suspects the new child maltreatment allegation.

(g) Reassignments from investigations to differential response. If upon initial review of the investigation referral it is determined that the referral is eligible for differential response, the local division supervisor may send an email request to the Child Abuse Hotline to assess for reassignment to the differential response pathway.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"02/2025" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-303 Receipt and assignment of differential response referral {#sec-9-car-40-303 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-303}

Codification Notes: 9 CAR § 40-303, concerning the receipt and assignment of a differential response referral, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-304 Differential response initiation and family assessment {#sec-9-car-40-304 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-304}

Codification Notes: 9 CAR § 40-304, concerning differential response initiation and family assessment, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-305 Management of family’s refusal to participate {#sec-9-car-40-305 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-305}

9 CAR § 40-305. Management of family’s refusal to participate.

(a)(1) If the specialist has been unable to conduct a safety assessment or is unable to assess underlying issues or additional child maltreatment concerns that may not have been identified in the original hotline report, then the specialist will inform the family, if reasonably possible, that the specialist may refer the family to the investigative pathway if there are safety threat concerns and the caregiver poses a risk to a vulnerable population.

(2) The specialist will then conference with the supervisor immediately to discuss the need or lack thereof to contact DR Program Manager or designee for reassignment of case to the investigative pathway.

(b)(1) The supervisor will discuss and assess case information and possible referral to the investigative pathway with the specialist.

(2) The primary consideration for reassigning a report to the investigative pathway is whether the caregiver poses a risk to a vulnerable population.

(3) If it is determined that safety threats exist or are likely to exist based on the initial interaction with the family and the caregiver poses a risk to a vulnerable population, the supervisor will contact the Division of Children and Family Services DR Program Manager or designee immediately to request that the report be reassigned to the investigative pathway.

(c) The DR Program Manager will reassign any DR case in which the specialist is unable to conduct a safety assessment to the investigative pathway, if the assessment is that the caregiver poses a risk to a vulnerable population.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"02/2025" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-306 Differential response services management {#sec-9-car-40-306 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-306}

Codification Notes: 9 CAR § 40-306, concerning differential response services management, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-307 Child Abuse Hotline for child maltreatment reports {#sec-9-car-40-307 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-307}

9 CAR § 40-307. Child Abuse Hotline for child maltreatment reports.

(a) Pursuant to Acts 1997, No. 1240, the Division of Children and Family Services and the Division of Arkansas State Police entered into an agreement for the Crimes Against Children Division to assume responsibility for the administration of the Child Abuse Hotline.

(b)(1) All child maltreatment allegations are to be reported to the Child Abuse Hotline.

(2) No privilege or contract shall prevent anyone from reporting child maltreatment when the person is a mandated reporter (see 9 CAR § 40-102, definitions, for more information).

(c) No privilege shall prevent anyone, except between a client and their lawyer or minister or Christian Scientist practitioner, and any person confessing to or being counseled by the minister, from testifying concerning child maltreatment.

(d)(1) The Child Abuse Hotline must accept reports of alleged maltreatment when either the child or their family is present in Arkansas or the incident occurred in Arkansas.

(2) Another state may also conduct an investigation in Arkansas that results in the offender being named in a true report in that state and placed in that state’s child maltreatment central registry.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"01/2020" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-308 Child Abuse Hotline acceptance and assignment of maltreatment reports {#sec-9-car-40-308 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-308}

Codification Notes: 9 CAR § 40-308, concerning Child Abuse Hotline acceptances and assignment of maltreatment reports, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-309 County office interaction with Child Abuse Hotline {#sec-9-car-40-309 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-309}

Codification Notes: 9 CAR § 40-309, concerning county office interaction with the Child Abuse Hotline, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-310 County office secondary review requests from the Division of Children and Family Services Central Office and requests for clearance of other reports from the Child Abuse Hotline {#sec-9-car-40-310 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-310}

Codification Notes: 9 CAR § 40-310, concerning county office secondary review requests from the Division of Children and Family Services Central Office and requests for clearance of other reports from the Child Abuse Hotline, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-311 Child maltreatment reports involving allegations taking place in other states or countries {#sec-9-car-40-311 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-311}

Codification Notes: 9 CAR § 40-311, concerning child maltreatment reports involving allegations taking place in other states or countries, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-312 Child maltreatment reports involving allegations taking place in Arkansas with alleged parties to the report living outside of Arkansas {#sec-9-car-40-312 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-312}

Codification Notes: 9 CAR § 40-312, concerning child maltreatment reports involving allegations taking place in Arkansas with alleged parties to the report living outside of Arkansas, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-313 Investigation of child maltreatment reports {#sec-9-car-40-313 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-313}

9 CAR § 40-313. Investigation of child maltreatment reports.

(a) Overview.

(1)(A) All reports of known or suspected child maltreatment are promptly investigated.

(B) The safety of the child is always the first priority during the course of a child maltreatment investigation.

(C) If a safety threat is identified, immediate steps will be taken to protect a maltreated child and any other child who may also be in danger under the care of the same alleged offender.

(2)(A) While the Department of Human Services Division of Children and Family Services is responsible for ensuring the safety of children in Arkansas, the Crimes Against Children Division collaborates with the Division of Children and Family Services to conduct investigations of child maltreatment allegations.

(B) The Division of Children and Family Services and Crimes Against Children Division will assess Priority I and Priority II referrals as outlined in the “Agreement Between the Department of Human Services and the Arkansas State Police” and is subject to renewal annually.

(C) To determine the individual responsibilities and operational protocol of the Division of Children and Family Services and the Crimes Against Children Division, see the specifics of the agreement.

(D) The agreement is written in accordance with Acts 2007, No. 586, the Governor’s Executive Order, and all applicable federal and state laws.

(3)(A) The Division of Children and Family Services and the Crimes Against Children Division, as appropriate, will issue notices regarding child maltreatment allegations to all persons pursuant to Arkansas Code § 12-18-501 et seq.

(B) The Division of Children and Family Services will issue notices in such a way as to ensure the rights to due process of the alleged offender and to protect others who may be at risk of harm from the alleged offender.

(b) Investigation initiation timeframes.

(1)(A) All investigations will begin within seventy-two (72) hours with the exception of investigations of the following allegations.

(B) These allegations will begin within twenty-four (24) hours:

(i) Allegations of severe maltreatment, excluding an allegation:

(a) Of sexual abuse if the most recent allegation of sexual abuse was more than one (1) year ago or if the alleged victim does not currently have contact with the alleged offender;

(b) Of abandonment and the child is in a facility;

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

(d) In which the alleged victim is in a facility and does not currently have contact with the alleged offender;

(ii) The allegation is that a child has been subjected to neglect as defined in Arkansas Code § 12-18-103(14)(B) (in other words, Garrett’s Law referral); or

(iii) A child has died suddenly and unexpectedly.

(2)(A) Investigations are considered to be initiated when, as age appropriate, the investigator conducts a face-to-face interview with the alleged victim outside the presence of the alleged offender or observes the alleged victim outside the presence of the alleged offender, or the investigator has otherwise met due diligence.

(B) Once the investigation has begun, the primary focus will be to determine whether or not the alleged offender has access to the child and whether the child or any other children as well as any elderly persons or individuals with a disability or mental illness with whom the alleged offender works are at risk such that they need to be protected.

(c) Notice of allegation. The investigative agency at the local level is responsible for providing the notice of allegation to all applicable parties as outlined in 9 CAR § 40-1402, notices of allegations of child maltreatment.

(d) At-risk determinations upon initiation.

(1)(A) The investigative agency must gather necessary information to determine if children, the elderly, or individuals with disabilities or mental illness under the care of the alleged offender appear to be at risk of maltreatment by the alleged offender.

(B) Such information includes but is not limited to:

(i) Alleged offender’s employer, including the physical address; or

(ii) Alleged offender’s job duties at their employment and whether those duties result in the alleged offender:

(a) Working with children or otherwise engaging in paid or volunteer child-related activities;

(b) Working or volunteering with the elderly;

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

(2) If so, the investigative agency must immediately ascertain the name and address of the person in charge of those activities.

(3)(A) The investigative agency supervisor and Social Service Area Manager (as applicable) may consult with the Office of Chief Counsel, as necessary, prior to deciding whether children, the elderly, or individuals with disabilities or mental illness appear to be at risk.

(B) If the investigative agency determines children, the elderly, individuals with disabilities or mental illness under the care of the alleged offender, or other juveniles are at risk of maltreatment by the alleged offender, then the investigative agency may notify the people and entities listed below of the hotline report if the Director of the Division of Children and Family Services or designee approves the at-risk determination and gives written approval to the investigative agency to provide notifications of the at-risk determination to:

(i) The alleged offender’s employer;

(ii) The school superintendent, principal, or a person in an equivalent position where the alleged offender is employed;

(iii) The person in charge of a paid or volunteer activity; and

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

(4) The at-risk determination will be changed immediately if, upon further investigation, it is determined that the children under the care of the alleged offender are not at risk.

(e) Overall investigation goals.

(1) During the investigation of an allegation of child maltreatment, and if the alleged offender is a household member or lives in the home of the alleged victim, the assigned investigative agency will conduct an investigation to determine:

(A)(i) The existence, cause, nature, and extent of child maltreatment with particular attention to any of the Arkansas safety threats that may be present.

(ii) The Arkansas safety threats are:

(a) Caregiver caused serious physical harm to the child or made a plausible threat to cause serious physical harm in the current investigation or differential response (DR), as indicated by:

(1) Serious injury or abuse to the child other than accidental;

(2) Caregiver fears harming the child;

(3) Caregiver has threatened to cause harm or retaliate against the child;

(4) Caregiver has made substantial or unreasonable use of physical force; and

(5) Substance-exposed infant is in danger;

(b) Child sexual abuse is suspected, and circumstances suggest that the child’s safety may be of immediate concern;

(c)(1) Caregiver is aware of the potential harm and is unwilling or unable to protect the child from actual or threatened serious harm by others.

(2) This may include physical abuse, emotional abuse, sexual abuse, sexual exploitation, trafficking, or neglect;

(d) Caregiver’s explanation or lack of explanation for the injury to the child is questionable or inconsistent with the type of injury, and the nature of the injury suggests that the child’s safety may be of immediate concern;

(e) Caregiver does not meet the child’s immediate needs for supervision, food, or clothing;

(f) Caregiver does not meet the child’s immediate needs for medical or critical mental health care (for example, the child is suicidal or homicidal);

(g) Physical living conditions are hazardous and immediately threatening to the child’s health or safety;

(h) Caregiver’s substance abuse seriously impairs their ability to supervise, protect, or care for the child;

(i) Domestic violence exists, and offender behavior poses an imminent danger of serious physical or emotional harm to the child;

(j) Caregiver frequently describes the child in predominantly negative terms or acts toward the child in negative ways, and these actions make the child a danger to self or others, suicidal, act out aggressively, or severely withdrawn or anxious;

(k) Caregiver’s mental instability, developmental status, or cognitive deficiency seriously impairs their current ability to supervise, protect, or care for the child;

(l) Family currently refuses access to or hides the child or seeks to hinder an investigation or DR;

(m) The child may be in immediate danger because of current circumstances and because the caregiver severely maltreated a child in their care in the past (where the incident was resolved or unresolved) or because the caregiver has been unable to resolve a prior pattern of severe maltreatment; and

(n) Other act or omission by the caregiver that presents an immediate safety threat to the child (which requires specification if selected);

(B) The existence and extent of previous injuries; and

(2) If the alleged offender is not a household member or does not live in the home of the alleged victim, the assigned investigative agency will conduct an investigation to determine:

(A) The existence, cause, nature, and extent of child maltreatment with particular attention to any of the Arkansas safety threats that may be present;

(B) The identity of the person responsible for the maltreatment;

(D) Factors influencing child vulnerability.

(3) In addition to the other information described in this section (more specifically the overall investigation goals in this subsection), the assigned investigative agency will also attempt to determine:

(A) The identity of the person responsible for the maltreatment;

(B) The relationship of the children with the caretakers and their circumstances;

(D) All other pertinent information.

(4) Ultimately, the information described above that is collected during the fact-finding phase of the child maltreatment investigation allows the Division of Children and Family Services to determine:

(A) If services are necessary to assist the household and allow the child to remain safely at home (per Arkansas Code § 12-18-604, the department has the authority to make referrals or provide services during the child maltreatment investigation);

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

(5) If at any time before or during an investigation it is determined that the alleged offender is not a caretaker of a child and the alleged victim has reached eighteen (18) years of age prior to notification, the child maltreatment investigation shall be closed notwithstanding any criminal investigation.

(f) Reasonable efforts to prevent removal.

(1) Throughout the investigation, the Division of Children and Family Services will ensure reasonable efforts are made to preserve the family and to prevent the need to remove the child from the household unless the immediate safety of the child warrants removal for the protection of the child.

(2) When the investigative agency’s first contact with the family has occurred during an emergency in which the child could not safely remain in the household, even with reasonable services being provided, the Division of Children and Family Services will be deemed to have made reasonable efforts to prevent or eliminate the need for removal.

(g) Investigation components.

(1) The child maltreatment investigation will consist of, but is not limited to, completion of the Division of Children and Family Services approved safety assessment and interviews with:

(A) Alleged victim;

(B) Parents, both custodial and noncustodial;

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

(E) Current or past healthcare providers when the allegation of child maltreatment was reported by a healthcare provider;

(F) Any other household members; and

(G) Any other relevant collaterals.

(2)(A) Division of Children and Family Services staff are encouraged to bring child victims of Priority I reports involving sexual abuse, physical abuse, neglect, and witness to violence to the nearest Child Safety Center for the interview whenever available and appropriate.

(B) In some cases, it may also be appropriate to bring child victims of certain Priority II maltreatment reports to the nearest Child Safety Center for the interview.

(3)(A) The Division of Children and Family Services approved safety assessment allows for a systematic review of potential safety threats and creates consistent thresholds for the presence of imminent danger of serious harm.

(B) Further, this safety assessment is designed to:

(i) Identify Arkansas safety threats in the household that affect the child’s immediate safety at a point in time;

(ii) Guide the Social Service Specialist in determining whether the child can remain safely in the home with or without safety interventions; and

(iii) Determine what interventions will be initiated or maintained to provide appropriate protection.

(4)(A) The Division of Children and Family Services approved safety assessment will be completed upon initial contact with the child and any household members present.

(B) The safety assessment will be entered into the Division of Children and Family Services information management system within two (2) business days of contact with the household and updated as needed throughout the family’s involvement with the Division of Children and Family Services.

(5)(A) Every subsequent contact with the family will include an assessment of any safety threats present as well as any acts of protection by the caregivers.

(B) The Division of Children and Family Services approved safety assessment may be updated as needed in the Division of Children and Family Services information management system as the investigative agency gathers information through any additional child maltreatment interviews or review of applicable records and other sources of information pertinent to the investigation.

(C) All interviews must be completed by the investigator within thirty (30) calendar days of the receipt of the child maltreatment report.

(D) The interviews must be approved by the supervisor within forty-five (45) calendar days of the receipt of the child maltreatment report.

(6)(A) If the Crimes Against Children Division is assigned primary on an investigation and, after interviewing the alleged victim and completing Sections 1 and 2 of the Division of Children and Family Services approved safety assessment tool, identifies a safety threat and the need for the Division of Children and Family Services to further assess the child’s safety, the Crimes Against Children Division will immediately contact the Division of Children and Family Services for further assessment and completion of Sections 3 and 4, as applicable, of the safety assessment tool.

(B) The Division of Children and Family Services will then be assigned as the secondary investigator on that investigation.

(7)(A) Each investigative agency will enter its applicable safety assessment sections into the Division of Children and Family Services information management system within two (2) business days of the investigation initiation or identification of new safety threats, as applicable.

(B) The primary investigative agency is responsible for completing the Division of Children and Family Services approved risk assessment tool for the household in the Division of Children and Family Services information management system prior to investigation closure and prior to any decision regarding case opening.

(h) Safety planning.

(1)(A) If a safety threat is identified, safety planning is then required to implement specific actions to ensure a child’s safety.

(B) If a safety threat is identified, there are only two (2) options to implement during the safety planning process:

(i) Develop an immediate safety plan to mitigate the identified safety threats to allow the child to remain safely in the home; or

(ii) Take protective custody and remove the child from the home.

(2)(A) If there are risk factors or evidence that maltreatment has occurred, but no safety threats are present, then neither an immediate safety plan nor removal of the child is necessary at that point in time.

(B) When no safety threats are present, per Arkansas Code § 12-18-1009, the parents retain the right to keep the child at home or to place the child outside the home.

(C) However, as appropriate, the Division of Children and Family Services may make referrals or provide services during the child maltreatment investigation to address any risk factors.

(D) All referrals made or services provided during the child maltreatment investigation will be documented in the Division of Children and Family Services information management system.

(3) Additional information regarding immediate safety plans and taking protective custody are as follows:

(A) Immediate safety plans.

(i)(a) When any safety threats are present, an immediate safety plan must be developed to address each identified safety threat if the child will remain in the home.

(b) An immediate safety plan is a written plan developed by the Division of Children and Family Services staff in conjunction with the family and their network to address identified safety threats.

(c) The actions and any services needed to address safety threats contained in an immediate safety plan will depend on the dynamics of a particular household and their network.

(d) This documentation, describing the actual use or consideration of using protecting interventions, establishes reasonable efforts to prevent removal of the child from the home.

(ii)(a) An immediate safety plan must be developed and receive the Division of Children and Family Services supervisory approval prior to the Division of Children and Family Services staff leaving the home.

(b) The immediate safety plan serves as a written agreement between the Division of Children and Family Services and the family.

(c) As such, a copy or picture of the plan will be provided to the caregiver and to other members participating in the plan prior to the Division of Children and Family Services staff leaving the home.

(d) The immediate safety plan, if applicable, will also be documented in the Division of Children and Family Services information management system within two (2) business days of its creation.

(e) If any other actions were taken or services put in place to ensure the safety of the child victim or other children in the home, then these activities must also be documented in the Division of Children and Family Services information management system within two (2) business days.

(iii)(a) Regardless of the actions included in an immediate safety plan, immediate safety planning and oversight on the part of the Division of Children and Family Services continues throughout involvement with the household as long as safety threats are present.

(b) The plan must be sufficient to manage and control safety threats based on a high degree of confidence that it can be implemented, sustained, and closely monitored by the Division of Children and Family Services in partnership with the household’s identified network.

(c) The Division of Children and Family Services will ensure that the roles and responsibilities of the immediate safety plan are clearly described to and discussed with the people involved.

(iv) However, immediate safety plans may not:

(a) Make a change to the current physical or legal custody arrangement of the child; or

(b)(1) Otherwise limit the right of a parent or legal custodian to visit or have access to their child, including supervised visits, unless a dependency-neglect petition is first filed with the court to address identified safety threats and a corresponding court order is obtained to make a change to the current custody arrangements or otherwise limit the right of a parent or legal custodian to have access to their child.

(2) An alternate method of ensuring child safety must be implemented until the required court order is issued to alter custody or visitation arrangements.

(v)(a) To file a dependency-neglect petition to ensure a child’s safety in the home, the Division of Children and Family Services will contact the Office of Chief Counsel attorney immediately (or at the start of the next business day if the safety assessment occurred after-hours or on the weekend) to request the Office of Chief Counsel to file the appropriate petition.

(b) It is crucial that the specialist, with support from their supervisor, determines exactly what the Division of Children and Family Services is requesting the court to order, if applicable, to address the identified dependency-neglect issues.

(vi)(a) If the requested court order is issued, the Division of Children and Family Services will update the immediate safety plan, as applicable, that reflects the orders of the court as well as any other actions or information that need to be included in the immediate safety plan to ensure child safety.

(b) The Division of Children and Family Services will thoroughly explain any of the changes to the caregivers, household members, and other individuals in the family’s network who may be a part of the immediate safety plan.

(vii) Order of less than custody.

(a) An order of less than custody is an action that could potentially be included in an immediate safety plan (once the order is issued by a court), if appropriate.

(b) An order of less than custody legally restricts the alleged offender from contact with the child while allowing the child to remain in the home with the nonoffending custodian (if the nonoffending custodian is already a legal custodian of the child) as part of the immediate safety plan.

(c) In addition to the situation above in which the nonoffending custodian is the legal custodian of the child and wants to restrict the alleged offender’s access to the child, orders of less than custody may also be applicable to situations in which:

(1) The legal custodian placed or otherwise allowed the child to reside with another person for more than six (6) months;

(2) The legal custodian is named as an alleged offender in the investigation;

(3) The child’s current caretaker and the Division of Children and Family Services assess that the legal custodian’s (who is also the alleged offender) access to the child poses an immediate danger to the child’s health or physical well-being;

(4) The Division of Children and Family Services has no immediate health or physical well-being concerns with the current placement; and

(5) The Division of Children and Family Services has determined that specific safeguards in the court order will ensure the child’s immediate health and physical well-being while remaining in the current home.

(d) The Division of Children and Family Services will thoroughly assess for safety threats to ensure that an immediate safety plan is in place for a child before leaving that child in a home where the Division of Children and Family Services has petitioned the court for an order of less than custody.

(e) To file a dependency-neglect petition to obtain an order of less than custody, the FSW will contact the Office of Chief Counsel immediately to request the Office of Chief Counsel to file the appropriate petition.

(viii) Immediate safety plan monitoring and assessment.

(a) All immediate safety plans will be monitored via a face-to-face contact with the household (to include alleged victim or victims, alleged offender or offenders, and any other children in the home) within at least seventy-two (72) hours and then via a minimum of weekly face-to-face contact for the remaining life of the immediate safety plan.

(b) In addition, the immediate safety plan will be formally reviewed within fourteen (14) days of its implementation.

(c) While the health and safety of the child is always assessed each time the Division of Children and Family Services comes into contact with the child, per Arkansas Code § 12-18-1001(d)(2)(A) – (B), the health and safety of the child and any corresponding immediate safety plan will be formally reassessed within thirty (30) days of the date on which the immediate safety plan was implemented.

(d) If after this formal reassessment is performed the Division of Children and Family Services determines that a substantial risk of harm to the health and safety of the child remains and that the immediate safety plan must stay in place to ensure the health and safety of the child, then the Division of Children and Family Services will file a petition for dependency-neglect (however, note that the Division of Children and Family Services may file a petition for dependency-neglect at any point, if needed, to ensure the health and safety of the child) unless the parent, guardian, or custodian is not:

(1) The alleged offender; or

(2) Alleged to have failed to protect the juvenile.

(e) If a case connect has already occurred, then the assigned specialist and investigator who implemented the immediate safety plan will collaborate to reassess the immediate safety plan and provide the affidavit and a copy of the immediate safety plan to the Office of Chief Counsel to file any necessary petitions for dependency-neglect at thirty (30) days.

(f) If a dependency-neglect petition is filed, a corresponding family case plan, informed by the Division of Children and Family Services’ approved family assessment tool, will be filed with the court within thirty (30) days per Arkansas Code § 9-27-402.

(g) The Division of Children and Family Services will continue to monitor the immediate safety plan until it is no longer needed.

(h) The Division of Children and Family Services will complete the approved family needs and strengths assessment in collaboration with the family, investigator, and other appropriate stakeholders (see 9 CAR § 40-501, family assessments, for more information).

(i) The Division of Children and Family Services will have the primary responsibility of developing the family case plan with the family and ensuring the implementation of the family case plan (see 9 CAR § 40-503, family case plans, for more information);

(B) Protective custody.

(i) If a safety threat is identified in the home and it cannot be mitigated with the implementation of an immediate safety plan, the Division of Children and Family Services must remove the child from the home and take protective custody.

(ii) This requirement applies to any point during a child maltreatment investigation or open case when the health and physical well-being of a child are in immediate danger.

(iii) When a child is taken into protective custody, the child will be placed in an appropriate licensed or approved placement.

(iv) This may include an identified relative’s or fictive kin’s (“fictive kin” means a person selected by the Division of Children and Family Services who is not related to the child by blood, marriage, or adoption and has a strong, positive, and emotional tie or role in the child’s life or the child’s parent’s life if the child is an infant) home if it is in the best interest of the child and all criteria for opening a provisional resource home and placing the specific child for whom the provisional resource home was opened have been met (see 9 CAR § 40-708, consideration of relatives and fictive kin for children experiencing foster care, and 9 CAR § 40-801 et seq., Development of Resource Homes and Support to Resource Parents, for more information).

(v) The Division of Children and Family Services may file a motion to transfer any other prior or subsequent legal proceeding concerning the juvenile (for example, if a relative of the child taken into custody attempts to obtain guardianship or custody of the juvenile) to the court that is hearing the dependency-neglect petition if the Division of Children and Family Services:

(a) Takes a seventy-two-hour hold;

(b) Files a petition for ex parte emergency order; or

(vi) If a child is taken into protective custody by a non-Division of Children and Family Services stakeholder, see 9 CAR § 40-321, protective custody of a child in immediate danger [repealed], for more information; and

(i) The Division of Children and Family Services’ approved risk assessment is designed to assess the family’s likelihood of future maltreatment and indicate the necessary level of the Division of Children and Family Services’ ongoing involvement to ensure the child’s continued well-being.

(ii) The Division of Children and Family Services’ approved risk assessment tool will be completed in the Division of Children and Family Services information management system as soon as there is enough information to do so, but prior to the conclusion of the investigation and prior to any decision about case opening.

(i) Legal representation for child experiencing foster care named as an alleged offender.

(1)(A) If the Division of Children and Family Services or the Crimes Against Children Division is investigating an allegation of child maltreatment in which a child experiencing foster care is named as the alleged offender and the acts or omissions that gave rise to the child maltreatment report may lead to a criminal or delinquency investigation or charge, the assigned Division of Children and Family Services specialist (or designee) for the child experiencing foster care will contact the public defender.

(B) The assigned Division of Children and Family Services specialist or designee will request that the public defender represent the child experiencing foster care who is named as the alleged offender.

(2)(A) If the public defender accepts representation, the Division of Children and Family Services’ specialist or designee will inform the investigator, so that the assigned investigator can request an interview.

(B) The public defender will provide or withhold consent for any investigative interview of the juvenile offender experiencing foster care.

(3)(A) If the public defender refuses to represent the child in foster care who is named as the alleged offender in a child maltreatment report because there is no risk of criminal or delinquency charges being filed, the investigator will contact the assigned specialist for the child to request an interview.

(B) The Division of Children and Family Services specialist, in collaboration with their supervisor and Area Manager, will determine whether it may be appropriate for a child in foster care named as the alleged offender in a child maltreatment report to be interviewed.

(D) Only the director or designee, based on the recommendation by the local team, may give consent for the child experiencing foster care named as an alleged offender to be interviewed as part of a child maltreatment investigation.

(E) The Office of Chief Counsel may be consulted as needed regarding legal advice but cannot give consent to an interview with a child experiencing foster care named as an alleged offender.

(j) Rights of the investigator.

(1)(A) The investigator has the right to obtain a criminal background check, including a fingerprint-based check in any national crime database, on any subject of the report.

(B) The results of the criminal background check will not be disclosed outside of the Division of Children and Family Services except as permitted under Arkansas Code § 12-18-612.

(2)(A) In accordance with Arkansas Code § 12-18-613, on request by the investigating agency, any school, childcare center, childcare facility, residential facility, residential treatment facility, or similar institution shall provide the investigator with the name, date of birth, Social Security number, and last known address and phone number of any alleged offender if the alleged maltreatment occurred at that school, center, or facility.

(B) Any school, childcare facility, residential facility, or similar institution shall also provide the person conducting the investigation with the name and address of any witness to the alleged child maltreatment if the alleged child maltreatment occurred at that school, center, or facility.

(3)(A) The Division of Children and Family Services investigator or Crimes Against Children Division investigator conducting the child maltreatment investigation also has the right to enter into the home, school, or other place for the purpose of conducting an interview or completing the investigation.

(B) The investigator also has the right to request accompaniment by a law enforcement agent while conducting the investigation.

(C) If the investigator is denied access into the home, school, or other place for investigative purposes, then the investigator must prepare an affidavit to submit to the Office of Chief Counsel in order to request an order of investigation.

(D) If the investigator is denied access into the home, school, or other place and has reason to believe a child’s health or safety are in immediate danger, the investigator will call local law enforcement immediately (if not already accompanied by LLE) in order to help gain access into the home.

(4)(A) No publicly supported school, facility, or institution may deny access to any person conducting a child maltreatment investigation.

(B) The Division of Children and Family Services, the Crimes Against Children Division, and law enforcement shall be allowed access to the child’s public and private school records during the course of the child maltreatment investigation.

(C) School district staff shall not provide notification if a request is made to interview a student during the course of an investigation of suspected child maltreatment and a parent, guardian, custodian, or person standing in place of a child’s parent is named as an alleged offender and the interviewer requests that the school personnel does not make said notification.

(5) Per Arkansas Code § 12-18-604, the department may petition a circuit court to allow an investigator to access the controlled substance database if:

(A) The investigator demonstrates probable cause that the alleged offender has one (1) or more prescription drugs; and

(B) The baby or the alleged offender tested positive for prescription drugs at the time of the birth of the baby.

(6)(A) The investigator will have the discretion, in the child’s best interest, to limit the persons allowed to be present when a child is being interviewed concerning an allegation of child maltreatment.

(B) The investigator will determine when a child or any other children residing in the home should be referred to a physician, psychologist, or psychiatrist for a medical or psychological examination.

(C) While the Division of Children and Family Services staff may conduct drug screens on teenagers when necessary, all children younger than thirteen (13) should be referred to a physician or medical facility for drug screening if needed.

(D) Please see 9 CAR § 40-413, client drug and alcohol screening, for more information.

(7) The Division of Children and Family Services will fully cooperate and participate in multidisciplinary child maltreatment response teams.

(8) All information except the name of the reporter may be disclosed to the teams.

(k) Interpreter services.

(1)(A) At any point during the course of a child maltreatment investigation, when the person being interviewed cannot clearly communicate in English, the investigator shall arrange for an interpreter before continuing the interview.

(B) The interpreter must be trained and appropriately certified to translate the specific language needed.

(2)(A) If at any point during the course of a child maltreatment investigation, the investigator cannot determine whether the person being interviewed can clearly and effectively communicate in English, the interviewer shall end the interview.

(B) The interview shall recommence:

(i) When a determination is made that the person can or cannot clearly communicate in English; and

(ii) When necessary, a translator certified to translate the specific language has been obtained to facilitate clear communication.

(3) If a delay in obtaining investigation or investigative information, due to having to make a determination about language and clear communication, results in or creates a situation in which the alleged victim child’s health or physical well-being will be put in immediate danger, the child will be placed in seventy-two-hour protective custody.

(l) Investigation completion timeframes and extensions.

(1) Regardless of whether the child maltreatment investigation is conducted by the Division of Children and Family Services, the Crimes Against Children Division, or local law enforcement, the supervisor approved investigative determination shall be made within forty-five (45) calendar days.

(2)(A) The Area Manager or designee may request an extension of an additional fifteen (15) calendar days (for a total investigative timeframe of sixty (60) calendar days) to complete the investigation and make a determination, if good cause for the requested extension is shown.

(B) Circumstances that meet the definition of good cause, as it pertains to requesting and granting a fifteen-day extension to make an investigative determination, include but are not limited to:

(i) The Prosecuting Attorney or law enforcement officials have requested that the Division of Children and Family Services postpone the determination due to a pending criminal investigation;

(ii) Medical, crime lab, or autopsy reports needed to make a determination have not been received;

(iii) The report involves some out-of-state subjects and interview write-ups have not been received;

(iv) Conflicting medical opinions have been received, requiring further analysis; or

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

(3) Documentation supporting the request for the extension must be submitted with the request.

(4) All extension requests must be submitted to and approved by the applicable Area Manager followed by the Assistant Director of the Division of Children and Family Services or designee as designated by the director or designee via auto notification through the Division of Children and Family Services information management system.

(m) Investigation closures and determinations and resulting referrals and case openings.

(1) Within the appropriate timeframes outlined and utilizing the Child Maltreatment Investigation Determination Guide as a reference where applicable, the Division of Children and Family Services will either:

(A) Administratively close an investigation of a child maltreatment report pursuant to Arkansas Code § 12-18-601 without a determination of whether the allegation is unsubstantiated, true, true but exempted, or inactive (see 9 CAR § 40-324 for administrative closure criteria and related requirements); or

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

(i) Unsubstantiated;

(ii) True;

(iii) True but exempted for:

(a) Neglect as defined by Arkansas Code § 12-18-103(14)(B) (such as, Garrett’s Law);

(b) Religious beliefs; or

(iv) Inactive.

(2)(A) The Division of Children and Family Services will then make a decision regarding the need for opening a corresponding case to provide services, assist the family with expanding and strengthening their network, and monitor child safety and risk on an ongoing basis.

(B)(i) The decision to open a case will be made as guided by:

(a) The results of the Division of Children and Family Services’ approved safety assessment tool;

(b) The results of the Division of Children and Family Services’ approved risk assessment tool;

(d) Professional judgement; and

(e) Supervisory consultation.

(ii) The investigation determination will then be used to determine the type of case offered or opened, as applicable.

(3) Criteria for the administratively closed investigations and child maltreatment determinations are as follows:

(A)(i) Administratively closed.

(ii) A child maltreatment investigation will be administratively closed without further action or determination if:

(a) A preliminary investigation has been completed, to include:

(1) Interview with the alleged victim outside the presence of the alleged offender;

(2) Assessment of the alleged victim’s home environment, as appropriate;

(3) Interview of a collateral witness; and

(4) Review of prior history of child maltreatment related to the family of the child and to the alleged offender;

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

(c) The health and safety of the child can be ensured without further investigation by the Division of Children and Family Services based on review of prior child maltreatment history; and

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

(1) There are indications of malicious reporting;

(2) Details of the allegations are insufficient to investigate;

(3) Reporter was anonymous, and no evidence exists to corroborate the report; or

(4) There is no available evidence to support or refute the allegation or allegations due to the passage of time between the alleged occurrence of the maltreatment and the time the report was made.

(iii) The director or designee approves the administrative closure of an investigation conducted by the Division of Children and Family Services;

(B)(i) Unsubstantiated determination.

(ii) A child maltreatment investigation will be determined unsubstantiated in the event that:

(a) The allegation of child maltreatment is not supported by a preponderance of the evidence following an investigation by Division of Children and Family Services staff; or

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

(C)(i) True determination.

(ii) A child maltreatment investigation will be determined true in the event of:

(a) An admission of the fact of maltreatment by persons responsible;

(b) An adjudication of dependency-neglect;

(c) A determination of the existence of maltreatment by Division of Children and Family Services staff, based on a preponderance of the evidence;

(d)(1) A medical diagnosis of failure to thrive.

(2) The Division of Children and Family Services should, however, complete the child maltreatment investigation in accordance with the procedures included to determine the identity of the caretaker and to investigate the family for the purposes of determining appropriate service delivery; or

(e) Any other medical or legal form of confirmation deemed valid by the Division of Children and Family Services.

(iii)(a) If a report is determined to be true, the names and conditions of any minor children of the alleged offender, and whether these children have been maltreated, or are at risk of maltreatment, will also be determined unless the investigating agency has determined that there is no indication of risk to the children.

(b) If the report is determined to be true, and is a report of sexual abuse, sexual contact, or sexual exploitation, an assessment of any other children previously or currently under care of the alleged offender, to the extent practical, and whether these children have been maltreated, or are at risk of maltreatment, will be conducted unless the investigating agency has determined that there is no indication of risk to the children.

(iv) If a report is determined to be true and involves any child under three (3) years of age, the child will be referred to the Division of Developmental Disabilities Services’ Children’s Services for an early intervention screening per the Child Abuse Prevention and Treatment Act of 1988 (CAPTA), Pub. L. No. 93-247, if the children were not already receiving early intervention services or were not already referred during the investigation (see 9 CAR § 40-343, early intervention referrals and services, and related procedures for more information).

(v)(a) If a report of sexual abuse is determined to be true and the alleged offender is under eighteen (18) years of age at the time the act or omission occurred, the caregivers of the alleged juvenile or underage juvenile offender and victim shall be provided with a list of mental health professionals or agencies available to evaluate and treat the alleged juvenile offender or underage juvenile offender and victim, if necessary.

(b) Providing this information does not necessarily require the Division of Children and Family Services to pay for the mental health evaluation or any subsequent mental health treatment or services.

(vi)(a) If a child maltreatment report is determined to be true, the Division of Children and Family Services will then also determine the risk level of the offender and any vulnerable population to which the offender may pose a risk of maltreatment, including without limitation children, the elderly, persons with a disability, and persons with a mental health illness.

(b) The following factors will be considered when determining whether an offender poses a risk of maltreatment to a vulnerable population:

(1) The severity of the child maltreatment;

(2) The nature and severity of an injury or other adverse impact caused by the child maltreatment;

(3) The current or future access the offender has or could have to a vulnerable population;

(4) Offender’s previous child maltreatment history and whether there are similar fact patterns related to current offense and past child maltreatment history;

(5) Subsequent reports of child maltreatment against the offender; and

(6) Criminal history of the offender.

(vii)(a) If the Division of Children and Family Services determines the offender poses a risk to a vulnerable population, the investigative determination will continue to be documented as true, and the offender’s name will be placed in the Child Maltreatment Central Registry.

(b) If the Division of Children and Family Services determines the offender does not pose a risk to a vulnerable population, the investigation determination will be documented in the Division of Children and Family Services information management system as exempted-no risk.

(D)(i) True but exempted determination.

(ii) A determination of true but exempted, which means the offender’s name will not be placed in the Child Maltreatment Central Registry, will be entered for the reasons listed below.

(iii) The following circumstances do not require a consideration of the risk level of the offender and any vulnerable population to which the offender may pose a risk of maltreatment as these conditions warrant a determination of true but exempted pursuant to Arkansas Code § 12-18-702:

(a)(1) Garrett’s Law exemptions.

(2) A child maltreatment investigation that documents the presence of an illegal substance in either the bodily fluids or bodily substances in the mother or child at the time of birth resulting from the mother knowingly using any illegal substance (that is, Garrett’s Law case) will be found true but exempted and will not be placed on the Child Maltreatment Central Registry.

(3) Family First Services are available for Garrett’s Law investigations and services cases with the completion of the prevention plan for the family.

(4) If the Division of Children and Family Services determines the child’s health or physical well-being is in immediate danger, the Division of Children and Family Services will take the newborn into protective custody.

(5) The Division of Children and Family Services must also assess any siblings of the newborn or other children under the care of the alleged offender.

(6) If it is determined that there is an immediate danger to the siblings’ (or any other children under the care of the alleged offender) health or physical well-being, then they must also be brought into emergency seventy-two-hour protective custody.

(7) Acceptable reporters include any one (1) of the following mandated reporters who have reasonable cause to suspect that a newborn has been subjected to an illegal substance before birth or the mother had an illegal substance in her bodily fluids or bodily substances at the time of the birth:

(A) Licensed nurse;

(B) Osteopath;

(D) Medical resident or intern;

(E) Surgeon;

(F) Hospital social worker; or

(G) Any medical personnel who may be engaged in the admission, examination, care, or treatment of persons in hospitals or similar medical settings.

(8) During an investigation, or when the Division of Children and Family Services has custody, if the mother or newborn has tested positive for the presence of an illegal substance in the bodily fluids or bodily substances, and the mother indicates that she wants to place the newborn for adoption through a private agency or private entity, the Division of Children and Family Services must contact the Office of Chief Counsel immediately.

(9) If the infant is placed with a private adoption agency, then do not open a case;

(b)(1) Religious belief exemptions.

(2) A child maltreatment investigation will be determined to be true but exempted due to a religious belief exemption in the event that the Division of Children and Family Services determines that the parent’s decision to withhold medical treatment was based solely upon a religious belief, choosing instead to furnish the child with prayer and spiritual treatment in accordance with a recognized religious method of healing by an accredited practitioner.

(3) The Division of Children and Family Services will place a child whose health or physical well-being is in immediate danger in a safe environment in the Division of Children and Family Services custody regardless of the beliefs of the parents.

(4) The religious belief exemption does not preclude the Division of Children and Family Services’ right and responsibility to take appropriate action, including petitions to the court, to obtain necessary medical services;

(c)(1) Underage juvenile offender exemptions.

(2) A child maltreatment investigation will have an individual finding of true but exempted for underage juvenile offenders if there is an overall true finding of sexual abuse by a child under fourteen (14) years of age to another child; and

(d)(1) Juvenile is less than fourteen (14) years of age exemptions.

(2) A child maltreatment investigation will have an individual finding of true but exempted if an offender is a juvenile less than fourteen (14) years of age; or

(E)(i) Inactive determination.

(ii) Per Arkansas Code § 12-18-619(c), if at any time before or during the investigation the Division of Children and Family Services is unable to locate or identify the alleged offender or alleged victim, the Division of Children and Family Services may consider the report unable to be completed and determine the report to be inactive if a true or unsubstantiated determination cannot be established without interviewing the alleged offender or alleged victim.

(iii)(a) Failure to complete the investigation within the required forty-five (45) days is not a reason to place a case on inactive status.

(b) The report must document why the investigation is determined to be inactive.

(c) All activities on the Unable to Locate Checklist must be completed by the investigator before determining an investigation to be inactive and verified by the supervisor before approving the investigation.

(iv)(a) For investigations determined to be inactive but information obtained from a subsequent report would permit the assigned investigative agency to gather additional evidence, the assigned investigative agency will provide notice of the allegations as per Arkansas Code § 12-18-501 et seq. and conduct the investigation.

(b) The assigned investigative agency will amend the determination of the earlier report accordingly based on evidence collected.

(c) The allegations contained in the most recent report will be investigated separately and an associated determination made based on the evidence collected during the investigation of the more recent report.

(v) For information regarding how to proceed when the Division of Children and Family Services is assigned to a report previously found to be inactive and the Crimes Against Children Division is assigned to a new report that would permit the Division of Children and Family Services to gather additional evidence on the report previously determined to be inactive, please see the Agreement Between the Arkansas Department of Human Services (ADHS), Division of Children and Family Services (DCFS) and the Arkansas State Police (ASP), Crimes Against Children Division (CACD).

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"02/2025"9 CAR § 40-321, concerning protective custody of a child in immediate danger, was repealed by Ark. R. 2026-74 (eff. July 1, 2026)."LLE" means local law enforcement. History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-314 Assignment of Child Abuse Hotline investigation reports {#sec-9-car-40-314 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-314}

Codification Notes: 9 CAR § 40-314, concerning the assignment of Child Abuse Hotline investigation reports, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-315 Preparation for investigation initiation {#sec-9-car-40-315 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-315}

Codification Notes: 9 CAR § 40-315, concerning preparation for investigation initiation, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-316 Investigation initiation {#sec-9-car-40-316 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-316}

Codification Notes: 9 CAR § 40-316, concerning investigation initiation, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-317 Child maltreatment report investigation interviews {#sec-9-car-40-317 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-317}

Codification Notes: 9 CAR § 40-317, concerning child maltreatment report investigation interviews, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-318 Discovery of new victims or allegations in an ongoing investigation {#sec-9-car-40-318 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-318}

Codification Notes: 9 CAR § 40-318, concerning discovery of new victims or allegations in an ongoing investigation, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-319 Medical/psychological evaluation required during investigation {#sec-9-car-40-319 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-319}

Codification Notes: 9 CAR § 40-319, concerning a medical/psychological evaluation required during investigation, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-320 Other child maltreatment investigation actions {#sec-9-car-40-320 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-320}

Codification Notes: 9 CAR § 40-320, concerning other child maltreatment investigation actions, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-321 Protective custody of a child in immediate danger {#sec-9-car-40-321 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-321}

Codification Notes: 9 CAR § 40-321, concerning protective custody of a child in immediate danger, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-322 Using interpreter services during an investigation {#sec-9-car-40-322 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-322}

9 CAR § 40-322. Using interpreter services during an investigation.

(a) Both verbal language interpreter services and American Sign Language (ASL) interpreter services are available statewide and require, when possible, a twenty-four-hour notice.

(b) Language interpretation may be provided over the phone as well as in person.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"01/2020" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-323 Request for investigative timeframe extension {#sec-9-car-40-323 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-323}

Codification Notes: 9 CAR § 40-323, concerning a request for investigative timeframe extension, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-324 Child maltreatment investigation closures and determinations {#sec-9-car-40-324 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-324}

9 CAR § 40-324. Child maltreatment investigation closures and determinations.

(a) Within forty-five (45) calendar days of receipt of a report from the Child Abuse Hotline (or within sixty (60) calendar days for those investigations for which an extension was granted as outlined above) a child maltreatment investigation will be either administratively closed pursuant to Arkansas Code § 12-18-601 without a determination, or closed with a determination of either:

(1) Unsubstantiated;

(2) True;

(3) True but exempted for:

(A) Neglect as defined by Arkansas Code § 12-18-103(14)(B) (Garrett’s Law);

(B) Religious beliefs;

(D) Juvenile offenders less than fourteen (14) years of age; or

(4) Inactive.

(b) Administrative closures. In order to conduct an administrative closure, the Division of Children and Family Services will:

(1) Initiate the investigation by interviewing the alleged victim outside the presence of the alleged offender;

(2) Complete an assessment of the alleged victim’s home environment, as appropriate;

(3) Interview a collateral witness;

(4) Review prior history of child maltreatment related to the family of the child and to the alleged offender; and

(5) After the preliminary investigation steps above have occurred, submit a request for administrative closure if:

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

(B) The division has determined based on review of prior child maltreatment history that the health and safety of the child can be ensured without further investigation by the division; and

(i) Abuse or neglect of the child did not occur; and

(ii) At least one (1) of the following criteria are met:

(a) There are indications of malicious reporting;

(b) Details of the allegations are insufficient to investigate;

(d) There is no available evidence to support or refute the allegation or allegations due to the passage of time between the alleged occurrence of the maltreatment and the time the report was made.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"02/2020" History: Ark. R. 2026-74 (eff. July 1, 2026). Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-325 Referrals and case openings based on investigative findings {#sec-9-car-40-325 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-325}

Codification Notes: 9 CAR § 40-325, concerning referrals and case openings based on investigative findings, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-326 Division of Children and Family Services and law enforcement interfaces and responses {#sec-9-car-40-326 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-326}

9 CAR § 40-326. Division of Children and Family Services and law enforcement interfaces and responses.

(a) When a caregiver is arrested and can no longer care for their child, law enforcement often contacts the Division of Children and Family Services.

(b)(1) The division response depends upon whether the arrest of the caregiver is related to a child maltreatment or nonchild maltreatment offense, if, based on the safety assessment, the caregiver presents an immediate danger to the health or physical well-being of the child, and other factors assessed by the division.

(2) Staff will consult with their supervisor or designee and the Office of Chief Counsel, if necessary, regarding the appropriate response and subsequent actions.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"02/2025" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-327 Policy — Medical neglect of an infant with disabilities {#sec-9-car-40-327 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-327}

9 CAR § 40-327. Policy — Medical neglect of an infant with disabilities.

The Division of Children and Family Services shall maintain sufficient contact with healthcare facilities to facilitate communication between those facilities and the division in order to enable the healthcare facilities to report suspected medical neglect of an infant with disabilities.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"09/2011" Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-328 Procedure — Medical neglect of an infant with disabilities {#sec-9-car-40-328 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-328}

Codification Notes: 9 CAR § 40-328, concerning the procedure upon receipt of an allegation of medical neglect of an infant with disabilities, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-329 Substance-exposed infant referral and assessments {#sec-9-car-40-329 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-329}

9 CAR § 40-329. Substance-exposed infant referral and assessments.

(a)(1) The Division of Children and Family Services believes in coordinating with other state agencies and community partners to help strengthen and support families in an effort to prevent child abuse and neglect.

(2) The goal of prevention of child abuse and neglect extends to all families.

(3) However, as guided by the Comprehensive Addiction and Recovery Act of 2016 (CARA), Pub. L. No. 114-198, along with the Child Abuse Prevention and Treatment Act of 1988 (CAPTA), Pub. L. No. 93-247, as amended, the division is specifically tasked with collaborating across systems to address the needs of substance-exposed infants to prevent future child maltreatment of this vulnerable population.

(b) The division, in coordination with other state agencies and community partners, strives to address the needs of substance-exposed infants primarily through two (2) approaches:

(1)(A) Addressing the needs of substance-exposed infants who are defined as neglected pursuant to Arkansas Code § 12-18-103(14)(B)(i)(a)and (b) (Garrett’s Law referrals) and the needs of their families via an investigative response.

(B) For more information regarding this approach, please see 9 CAR § 40-313, investigation of child maltreatment reports; and

(2)(A) Implementing a referral process for healthcare providers involved in the delivery and care of infants to report, for the purpose of an assessment not related to a child maltreatment investigation, infants who have not been neglected as defined in Arkansas Code § 12-18-103(14)(B)(i), but who are born with and affected by:

(i) A fetal alcohol spectrum disorder;

(ii) Maternal substance abuse resulting in prenatal drug exposure to an illegal or legal substance; or

(iii) Withdrawal symptoms resulting from prenatal drug exposure to an illegal or a legal substance.

(B) “Affected by” means:

(i) An infant exhibits a condition or conditions associated with the mother’s use of alcohol during pregnancy or a healthcare provider has an articulated concern that the infant suffers from a fetal alcohol spectrum disorder;

(ii) An adverse effect or effects on physical appearance or functioning that are:

(a) Either diagnosed or otherwise observed; and

(b) A result of the mother’s use of a legal or illegal substance during pregnancy; or

(iii) An infant exhibits withdrawal symptoms in physical appearance or functioning as a result of the mother’s use of a legal or illegal substance during pregnancy.

(c) The remainder of this policy is specific to subdivision (b)(2) of this section, herein after referred to collectively as prenatal substance exposure referrals and assessments.

(d)(1) Healthcare providers involved in delivery or care of infants are required to make prenatal substance exposure referrals to the Child Abuse Hotline.

(2) The Child Abuse Hotline will accept prenatal substance exposure referrals.

(3) Upon receipt of a prenatal substance exposure referral from a healthcare provider, the Child Abuse Hotline will assign the referral to the division for a referral and assessment (R and A).

(4) The request for division assessment screen accommodates instances where an individual is not reporting maltreatment but is requesting an assessment and appropriate services for the family based on an assessment of the family’s strengths and needs.

(e)(1) Prenatal substance exposure referrals will be assigned to the appropriate county-level differential response (DR) staff (though prenatal substance exposure referrals are separate and apart from differential response allegations).

(2) For a prenatal substance exposure referral to be considered initiated, division staff must make face-to-face contact with the infant or at least one (1) parent of the infant within seventy-two (72) hours of receipt of the referral from the hotline.

(3) If the infant and caregiver are not seen together at the initiation, then division staff must make face-to-face contact with the individual not seen at initiation within five (5) calendar days of receipt of the referral as well any other adult household members within the same five-calendar-day timeframe.

(4) During each contact with the caregivers, the division is responsible for engaging the family in an assessment of strengths and needs and developing a plan of safe care for the family.

(5) The plan of safe care will be designed to ensure the safety and well-being of an infant following the release of the infant from the care of a healthcare provider and include content that addresses the health and substance use disorder treatment needs of the infant and affected family or caregiver.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"01/2020" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-330 Prenatal substance exposure referrals {#sec-9-car-40-330 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-330}

Codification Notes: 9 CAR § 40-330, concerning prenatal substance exposure referrals, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-331 Receipt and assignment of prenatal substance exposure referrals {#sec-9-car-40-331 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-331}

Codification Notes: 9 CAR § 40-331, concerning receipt and assignment of prenatal substance exposure referrals, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-332 Prenatal substance exposure assessment and plan of safe care {#sec-9-car-40-332 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-332}

Codification Notes: 9 CAR § 40-332, concerning a prenatal substance exposure assessment and plan of safe care, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-333 Team decision making {#sec-9-car-40-333 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-333}

9 CAR § 40-333. Team decision making.

(a) Overview.

(1) Team decision making (TDM) provides a facilitated forum for families, community members, and the Division of Children and Family Services to collaboratively problem solve and make decisions regarding children’s safety and placement using the most information possible.

(2) TDM has proven to be an effective intervention in ensuring that all placement decisions are a shared responsibility and in the best interest of children.

(3) TDM also assists in establishing a network of support for children and the adults who care for them.

(4) As such, the consistent and effective use of team decision making promotes family engagement and helps to maintain safe family relationships that are crucial to minimizing trauma to children.

(b) Team decision making initiation and referral.

(1) A TDM meeting is held within three (3) business days of the establishment of an immediate safety plan due to a safety threat being identified in the home and always before the case is brought to court.

(2) However, a dependency-neglect petition related to an immediate safety plan may be filed with the court when necessary.

(3) The immediate safety plan will be filed with the court within thirty (30) days of an initial immediate safety plan being put in place if:

(A) A dependency-neglect petition was not previously filed in association with the immediate safety plan; and

(B) It is assessed that:

(i) A substantial risk of harm to the health and safety of the child remains; and

(ii) That the immediate safety plan must stay in place to ensure the health and safety of the child.

(4) TDM meeting referrals are made by the division.

(5)(A) The immediate safety plan will be filed with the court within thirty (30) days of an initial immediate safety plan if:

(i) A dependency-neglect petition was not previously filed in association with the immediate safety plan; and

(ii) It is assessed that:

(a) A substantial risk of harm to the health and safety of the child remains; and

(b) The immediate safety plan must stay in place to ensure the health and safety of the child.

(6) The division may waive the TDM meeting requirement for extenuating circumstances that render a TDM meeting unnecessary (such as, a permanency case is already opened, a hotline referral involving a child death with no siblings or other children under the care of the alleged offender, a Garrett’s Law referral in which the biological mother is already working with the Office of Chief Counsel to put the infant up for adoption).

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"1/2020" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-334 Team decision making initiation and referral {#sec-9-car-40-334 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-334}

Codification Notes: 9 CAR § 40-334, concerning team decision making initiation and referral, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-335 Team decision making preparation {#sec-9-car-40-335 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-335}

Codification Notes: 9 CAR § 40-335, concerning team decision making preparation, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-336 Team decision making meetings {#sec-9-car-40-336 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-336}

Codification Notes: 9 CAR § 40-336, concerning team decision making meetings, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-337 Team decision making review {#sec-9-car-40-337 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-337}

Codification Notes: 9 CAR § 40-337, concerning team decision making review, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-338 Team decision making follow-up {#sec-9-car-40-338 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-338}

Codification Notes: 9 CAR § 40-338, concerning team decision making follow-up, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-339 Community notification of sex offenders {#sec-9-car-40-339 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-339}

9 CAR § 40-339. Community notification of sex offenders.

(a) Upon notification to the Division of Children and Family Services by law enforcement of the presence of a sex offender, the division is responsible to notify resource parents and families with whom the division has active cases, if an offender moves into their neighborhood.

(b)(1) No child may be home schooled if any person residing in the home with the child is required to register as a sex offender.

(2) Upon petition to the sentencing court from the child’s parent or guardian, the sentencing court may enter a written order specifically waiving this restriction.

(3) This restriction shall not apply if the child to be home schooled is the person registered as the offender.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"01/2020" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-340 Notification of sex offenders {#sec-9-car-40-340 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-340}

Codification Notes: 9 CAR § 40-340, concerning notification of sex offenders, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-341 Family in need of services {#sec-9-car-40-341 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-341}

9 CAR § 40-341. Family in need of services.

(a) Arkansas Code § 9-27-303 defines “Family in Need of Services” (FINS) as any family whose juvenile evidences behavior which includes, but is not limited to, the following:

(1) Being habitually and without justification absent from school while subject to compulsory school attendance;

(2) Being habitually disobedient to the reasonable and lawful commands of their caregiver; or

(3) Having absented themself from the juvenile’s home without sufficient cause, permission, or justification.

(b) Family services are provided in order to:

(1) Prevent a juvenile from being removed from a caregiver;

(2) Reunite the juvenile with the caregiver from whom the juvenile has been removed; or

(3) Implement a permanent plan for adoption, guardianship, or rehabilitation of the juvenile.

(c) Family services provided to a juvenile or the family. Services should be designed to address the issues that resulted in the FINS case and may include, but are not limited to:

(1) Child care;

(2) Homemaker services;

(3) Crisis counseling;

(4) Cash assistance;

(5) Transportation;

(6) Family therapy;

(7) Physical, psychiatric, or psychological evaluation;

(8) Counseling; and

(9) Treatment.

(d) Disposition — Family in need of services.

(1) If a family is found to be in need of services, the circuit court may enter an order making one (1) of the following dispositions:

(A)(i) Order family services to rehabilitate the juvenile and their family.

(ii) If the Division of Children and Family Services is the provider for family services, the family services shall be limited to those services available by the division’s community-based providers or contractors, excluding the contractors with the division, and department services for which the family applies and is determined eligible and, to prevent removal when the Department of Human Services is the provider for family services, the court shall make written findings outlining how each service is intended to prevent removal; or

(B)(i) Removal.

(ii) If it is in the best interest of the juvenile and because of acts or omissions by the caregiver, removal is necessary to protect the juvenile’s health and safety, transfer custody to the division.

(iii) This action may serve to reduce the number of foster care entries based solely of juveniles who are truant when acts or omissions of their caregivers are not a factor.

(2) At least five (5) business days prior to ordering the division, excluding community-based providers, to provide or pay for family services, the court shall fax a written notice of intent to the Secretary of the Department of Human Services and to the attorney of the local Office of Chief Counsel of the department.

(3)(A) The court shall not specify a particular provider for placement or family services when the division is the payer or provider.

(B) A court may order a child to be placed into a licensed approved placement (no child shall be placed or remain in a placement in a resource home that has been closed or suspended by a child placement agency) after a hearing where the court makes a finding that it is in the best interest of the child based on bona fide consideration of evidence and recommendations from all the parties.

(C) The court may also order a child to remain in a placement if the court finds the placement is in the best interest of the child after hearing evidence from all parties.

(4)(A) If the health or welfare of a child is in immediate danger while in a court-ordered placement, the division may immediately remove the child from the court-ordered placement.

(B) If the division must move a child from a court-ordered placement due to the health or welfare of a child being in immediate danger, the division shall notify all parties within twenty-four (24) hours of the change in placement.

(C) Regarding this type of placement change, a hearing may be requested by a party to the case, and the hearing shall be held within five (5) business days of receiving the request.

(5)(A) In all cases in which family services are ordered, the court shall determine the caregiver’s ability to pay, in whole or in part, for these services.

(B) This determination and the evidence supporting it shall be made in writing in the court order that is ordering family services.

(C) If the court determines that the caregiver is able to pay, in whole or part, for the services, the court shall enter a written order setting forth the amounts the caregiver can pay for the family services ordered and ordering the caregiver to pay the amount periodically to the provider from whom family services are received.

(6)(A) The division can only be ordered to provide family services in a FINS case when the court finds that services are needed to prevent removal of the child from the home because of child maltreatment.

(B) The Arkansas Juvenile Code, Arkansas Code § 9-35-101 et seq., grants the court the power to order family services without specifying the type of service, (prevention, in-home, permanency).

(D) If there is not a finding of child maltreatment on the family, and the court determines that the family needs preventative services due to a risk of child maltreatment, open a prevention services case.

(E) If there is a true finding of child maltreatment, open an in-home services case.

(e) Removal of juvenile.

(1) Before a juvenile court may order any dependent-neglected juvenile or FINS juvenile removed from the custody of their caregiver and placed with the division or other licensed agency responsible for the care of juveniles or with a relative or other individual, the court shall order family services appropriate to prevent removal, unless the health and safety of the juvenile warrants immediate removal for the protection of the juvenile.

(2) When the court orders a dependent-neglected or FINS juvenile removed from the custody of a caregiver and placed in the custody of the division or other licensed agency responsible for the care of juveniles or with a relative or other individual, the court shall make these specific findings in the order:

(A) In the initial order of removal, the court must find:

(i) Whether it is contrary to the welfare of the juvenile to remain at home;

(ii) Whether the removal of the juvenile is necessary to protect the health and safety of the juvenile, and the reasons for the removal; and

(iii) Whether the removal is in the best interest of the juvenile; and

(B) Within sixty (60) days of removal, the court must find:

(i) Which family services were made available to the family before the removal of the juvenile;

(ii) What efforts were made to provide those family services relevant to the needs of the family before the removal of the juvenile, taking into consideration whether or not the juvenile could safely remain at home while family services were provided;

(iii) Why efforts made to provide the family services described did not prevent the removal of the juvenile; and

(iv) Whether efforts made to prevent the removal of the juvenile were reasonable, based upon the needs of the family and the juvenile.

(3)(A) If and when an order of permanent custody disrupts, the initial legal action will be to set aside the permanent order of custody regardless of where the child resides.

(B) If parental rights have not been terminated, parents must be notified of the action and an immediate hearing to determine the new permanency plan for the juvenile will take place.

(4)(A) If a juvenile has been detained and is in the custody of the division pursuant to a FINS or dependency-neglect petition and the court does not keep the juvenile in detention, then any issues regarding placement shall be addressed only in the FINS or dependency-neglect case.

(B) The issues regarding placement shall not be addressed, nor any orders entered, in the delinquency case.

(C) Within ten (10) days of entry of any order in the delinquency case, the prosecuting attorney shall file a copy of the order in the juvenile’s FINS or dependency-neglect case.

(5) Where the division’s first contact with the family has occurred during an emergency in which the juvenile could not safely remain at home, even with reasonable services being provided, the division shall be deemed to have made reasonable efforts to prevent or eliminate the need for removal.

(6) Where the court finds the division’s preventive or reunification efforts have not been reasonable, but further preventive or reunification efforts could not permit the juvenile to remain safely at home, the court may authorize or continue the removal of the juvenile but shall note the failure by the division in the record of the case.

(7) In all instances of removal of a juvenile from the home of their caregiver by a court, the court shall set forth in a written order:

(A) The evidence supporting the decision to remove;

(B) The facts regarding the need for removal; and

(8) The written findings and order shall be filed by the court or by a party or party's attorney as designated by the court within thirty (30) days of the date of the hearing at which removal is ordered or prior to the next hearing, whichever is sooner.

(9) The court may provide that any violation of its orders shall subject the caregivers and the juvenile to contempt sanctions.

(10) Custody of a juvenile shall not be transferred to the division when a delinquency petition or case is converted to a FINS petition or case.

(11)(A) The division shall not recommend that the court split custody of a juvenile, that is, grant legal custody to one (1) person or agency and physical custody to another person or agency.

(B) When the juvenile is removed from the custody of a relative or other person and placed in the custody of the division, the juvenile shall not remain or be returned to the home while in the custody of the division.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"01/2020" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-342 Family in need of services {#sec-9-car-40-342 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-342}

Codification Notes: 9 CAR § 40-342, concerning a family in need of services, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-343 Early intervention referrals and services {#sec-9-car-40-343 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-343}

9 CAR § 40-343. Early intervention referrals and services.

(a)(1) For children who have or are at risk of a developmental delay, appropriate early intervention services are essential.

(2) Early intervention services are designed to lessen the effects of any potential or existing developmental delay.

(3) Ultimately, early intervention services help the child learn and reach their individual potential with the support and involvement of the child’s family, as appropriate.

(4) It is important for such services to begin as early as possible and for caregivers to be involved in decisions related to early intervention services.

(b) Referrals to the Division of Developmental Disabilities Services for early intervention services.

(1)(A) When a child maltreatment investigation involving any children in the home under three (3) years of age is initiated, the Division of Children and Family Services will consider referring as appropriate all children in the home under three (3) years of age to the Division of Developmental Disabilities Services’ Children’s Services for an early intervention (such as, First Connections; this program is not the same as the waiver program) screening in an effort to enhance the well-being of these children.

(B) Any children under three (3) years of age involved in a substantiated case of child maltreatment (regardless of whether all of the children are named as alleged victims) must be referred to the Division of Developmental Disabilities Services’ Children’s Services for an early intervention screening if not already referred while the investigation was pending.

(C) This will not only ensure the Division of Children and Family Services compliance with the Child Abuse Prevention and Treatment Act (CAPTA), Pub. L. No. 93-247 regarding substantiated cases of child abuse and neglect involving children under three (3) years of age but will further promote the well-being of this population.

(2)(A) The Division of Developmental Disabilities Services’ Children’s Services will screen all the children under three (3) years of age who have been referred to First Connections to determine their need and eligibility for early intervention services.

(B) If the results of the screening determine that a child will benefit from Division of Developmental Disabilities Services early intervention services, the person serving as the caregiver (that is, biological parent in an in-home services case or other individual legally caring for the child involved in an in-home services or permanency case including resource parents) must consent to allow their child to participate before services are initiated.

(3) For children under three (3) years of age, eligibility for the Division of Developmental Disabilities Services’ Children’s Services will be determined by a screening assessment to determine the need for additional evaluations (if a child referred to the Division of Developmental Disabilities Services’ Children’s Services is within forty-five (45) days or less of their third birthday, then the Division of Developmental Disabilities Services’ Children’s Services may forward the referral to the Department of Education, Special Education Unit (Part B)).

(4)(A) If warranted, a developmental evaluation for children under three (3) years of age will be completed in the areas of cognition, communication, social and emotional, physical, and adaptive as available and appropriate.

(B) Based upon the developmental evaluation results, a speech, occupational, or physical therapy evaluation may be conducted as available and appropriate.

(C) All evaluation results, as well as medical information, a professional informed clinical opinion or opinions, and information gathered from caregivers and the Division of Children and Family Services will be utilized to determine early intervention eligibility.

(5) While a referral for early intervention services is encouraged for all children under three (3) years of age when an investigation is initiated and is required for children under three (3) years of age in substantiated cases of child maltreatment, a referral for early intervention services on behalf of any child suspected of having a developmental delay or disability may be sent at any time.

(1)(A) If a child is determined to be eligible for services and the person acting as a caregiver of the child (that is, biological parent involved in an in-home services case; other individual legally caring for the child in an in-home services or permanency case including resource parents) consents to services, individualized family service plan (IFSP) meetings will be held to develop an appropriate service plan for the child.

(B) IFSP activities and services must be added to the child’s family case plan.

(2)(A) Adult participation in the IFSP meetings and related decision-making on the child’s behalf is required.

(B) If the child is involved in an in-home services case or if a child experiencing foster care has a goal of reunification, the child’s biological parents should be invited and encouraged to attend the IFSP meetings to make decisions related to individualized family service planning and early intervention services for their child.

(3) However, another adult who is legally caring for the child on a daily basis may serve in place of the biological parent if:

(A) The court orders that the child’s caregiver shall have no involvement in the child’s educational planning;

(B) The child’s parents cannot be located; or

(4) If for one (1) of the reasons listed above or if for any other reason the biological parents are unable or unwilling to attend IFSP meetings and make the decisions related to early intervention services for their child, one (1) of the following may serve as the parent to make decisions regarding early intervention planning and services for the child, provided the court has not issued a no contact order for the person selected to act in place of the parent:

(A) Resource parent;

(B) Guardian, generally authorized to act as the child’s parent (but not the state; if the child is a ward of the state, the Division of Children and Family Services may act as the liaison between the Division of Developmental Disabilities Services and the parent or surrogate parent, but the Division of Children and Family Services may not be the sole contact or decision-maker for a child);

(C) An individual otherwise acting in place of a biological parent (such as a grandparent, stepparent, or any other relative with whom the child lives); or

(D) An individual who is legally responsible for the child’s welfare.

(5)(A) For any individual serving in place of the parent in the child’s early intervention process, support in the form of Division of Developmental Disability Services surrogate parent training is available but not required.

(B) The local Division of Developmental Disabilities Services Service Coordinator or designee can assist in coordinating the Division of Developmental Disabilities Services surrogate parent training.

(C) After an individual has completed the Division of Developmental Disabilities Services surrogate parent training, they may serve as a surrogate parent for any child.

(6)(A) However, an appointed Division of Developmental Disabilities Services-certified surrogate may be assigned by the lead Part C agency (such as, Division of Developmental Disabilities Services) to represent the child during the IFSP if there is no adult (as listed in subdivision (c)(4) of this section, above) available to represent the interests of the child.

(B) An appointed Division of Developmental Disabilities Services surrogate parent is generally the least preferred option since this person does not have daily interaction with the child.

(C) Furthermore, a Division of Developmental Disability Services-certified surrogate parent will usually only be appointed in the event that the child’s parent, resource parent, is unable or unwilling to participate in the child’s early intervention process and IFSP meetings.

(7) In any situation in which an individual other than the biological parent, resource parent, or relative is acting on behalf of the child, that individual will be discharged when the child’s biological parent is ready and able to resume involvement.

(d) Referrals for fetal alcohol syndrome disorders screening.

(1)(A) Fetal alcohol syndrome disorders is an umbrella term used to describe the range of effects or disorders that can occur in an individual whose mother consumed alcohol during pregnancy.

(B) All healthcare providers involved in the delivery or care of infants must contact DCFS regarding an infant born with and affected by a fetal alcohol spectrum disorder (FASD) as well as infants born with and affected by maternal substance abuse resulting in prenatal drug exposure to an illegal or a legal substance or withdrawal symptoms resulting from prenatal drug exposure to an illegal or a legal substance.

(C) A plan of safe care must be developed for any infant born with and affected by an FASD, maternal substance abuse resulting in prenatal drug exposure to an illegal or a legal substance, or withdrawal symptoms resulting from prenatal drug exposure to an illegal or a legal substance who is referred to the Division of Children and Family Services by a healthcare provider via the Child Abuse Hotline.

(D) Please see 9 CAR § 40-329, substance exposed infant referral and assessments, and related procedures for more information.

(2)(A) In addition, the Division of Children and Family Services Social Service Specialists and health service assistants will refer children who have known prenatal alcohol exposure, or exhibit FASD symptoms or behaviors, to the local resource unit.

(B) The resource unit will collaborate with the child’s Social Service Specialist and health service assistants (to help determine if early intervention programs or other services specific to FASD are needed) and connect the child and placement provider to such programs and services in an effort to better support the child and the placement provider.

(3)(A) As part of this process, the Social Service Specialist or health service assistant will gather information regarding the child’s in utero and birth history.

(B) Depending on the information collected, a referral for an FASD screening or diagnosis may be provided.

(i) Referral to the Division of Developmental Disabilities Services (for early intervention or Division of Developmental Disabilities Services waiver), if applicable and available;

(ii) Referral to specialized day care, if applicable;

(iii) Referral to FASD family support group (available to biological, resource, and adoptive families), if available; and

(iv) FASD parenting classes (available to biological, resource, and adoptive families).

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"01/2020" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-344 Division of Developmental Disabilities Services early intervention services referrals {#sec-9-car-40-344 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-344}

9 CAR § 40-344. Division of Developmental Disabilities Services early intervention services referrals.

(a) When children under three (3) years of age are involved in a substantiated case of child maltreatment, but a case is not opened, the investigator will:

(1) Provide an overview of the benefits of early intervention services to the caregiver;

(2) Make a referral to the Division of Developmental Disabilities Services for each child in the home (victims and nonvictims) under three (3) years of age via the Division of Developmental Disabilities Services First Connections referrals page through the Department of Human Services website; and

(3) Inform the caregiver that their child or children will be referred to the Division of Developmental Disabilities Services’ Children’s Services to assess the child’s or children’s need and eligibility for early intervention services that may help the child learn and reach his or her individual potential.

(b) When children under three (3) years of age are involved in a substantiated case of child maltreatment and an in-home or permanency case is subsequently opened, the Social Service Specialist (either in-home services or permanency services, as applicable) will:

(1) Provide an overview of the benefits of early intervention services to the caregiver;

(4) Prior to the early intervention services intake meeting, provide the local Division of Developmental Disabilities Services coordinator with:

(A) A court-order, if applicable;

(B) A copy of the Social Security card or number;

(D) Any other pertinent information related to the request for the early intervention screening;

(E) A copy of EPSDT, if available (caregiver must obtain); and

(F) A copy of all evaluations, if applicable;

(5)(A) Coordinate remaining paperwork and services, as applicable, with the local Division of Developmental Disabilities Services coordinator.

(B) This includes but is not limited to:

(i) Coordinating the completion of the Authorization for Children’s Medical Services if the early intervention intake meeting determines the child is eligible for the Division of Developmental Disabilities Services’ children’s medical services;

(ii) Providing a copy of the Division of Developmental Disabilities Services completed assessment tool, for any child involved in an open case, and the associated case plan once they are completed; and

(iii) Notifying, as applicable, University of Arkansas for Medical Sciences PACE, Health Service Assistant, and resource parents that an early intervention screening referral has already been made to the Division of Developmental Disabilities Services’ Children’s Services per the Child Abuse and Prevention Act, Pub. L. No. 93-247, requirements prior to PACE evaluation;

(6) Invite the Division of Developmental Disabilities Services coordinator and early intervention service providers to the family team meeting if child is receiving early intervention services;

(7) Keep the local Division of Developmental Disabilities Services service coordinator informed of any changes to the family case plan that may affect early intervention services and coordination;

(8) Document contacts related to the Division of Developmental Disabilities Services early intervention services referral in the contacts screen in the division information management system;

(9) Update the child’s family case plan as appropriate; and

(10) Conference with supervisor as needed regarding the referral to the Division of Developmental Disabilities Services early intervention services.

(1) Conference with the Social Service Specialist as needed regarding the child’s Division of Developmental Disabilities Services early intervention referral and any subsequent services; and

(2) Notify, as necessary, their supervisor of any issues related to the child’s Division of Developmental Disabilities Services early intervention referral and services.

(d)(1) Upon referral assignment, the Division of Developmental Disabilities Services coordinator should:

(A) Arrange the early intervention intake meeting; and

(B) Assess and determine the need and eligibility of the child for services and notify in writing the Division of Children and Family Services Social Service Specialist and supervisor indicating the eligibility status and needs of the child, if applicable.

(2) If it is determined that the child needs and is eligible for early intervention services:

(A) Provide a more detailed explanation to the caregiver of early intervention services including types, benefits, requirements;

(B) Provide copies of the child’s IFSP and any early intervention evaluations to the Social Service Specialist; and

(C) Keep the child’s Social Service Specialist and person serving as the caregiver informed of the child’s progress and any changes in services.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"05/2022"Pursuant to Arkansas Code §§ 25-15-218 and 1-2-303(d)(1), technical corrections were made to this section on July 21, 2026, as follows:In the section catchline, "Disability" was corrected to "Disabilities".In subdivision (a)(3), "Disability" was corrected to "Disabilities".In subdivision (a)(6), "Disability" was corrected to "Disabilities".In subdivision (a)(8), "Disability" was corrected to "Disabilities".In subdivision (a)(10), "Disability" was corrected to "Disabilities".In subdvisions (c)(1) and (2), "Disability" was corrected to "Disabilities".In subdivision (d)(1), "Disability" was corrected to "Disabilities". History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-345 Division of Developmental Disabilities Services early intervention individualized family service planning {#sec-9-car-40-345 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-345}

Codification Notes: 9 CAR § 40-345, concerning Division of Developmental Disabilities Services early intervention individualized family service planning, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-346 FASD referrals and services {#sec-9-car-40-346 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-346}

Codification Notes: 9 CAR § 40-346, concerning fetal alcohol spectrum disorder referrals and services, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-347 Policy — Sex offender with custody or unsupervised visitation rights {#sec-9-car-40-347 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-347}

9 CAR § 40-347. Policy — Sex offender with custody or unsupervised visitation rights.

When the Division of Children and Family Services receives a report that a child is living with or participating in unsupervised visits with a registered sex offender, the division will find the report “unsubstantiated” when:

(1) A court has ruled that the registered sex offender, as a custodian or participant in unsupervised visitation does not pose a risk to the child; and

(2) No other allegations have been made regarding the offender and the children and the report is simply based on the mere fact that the offender is a registered sex offender.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"01/2020" Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-348 Procedure — Sex offender with custody or unsupervised visitation rights {#sec-9-car-40-348 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-348}

Codification Notes: 9 CAR § 40-348, concerning the procedure upon report of a sex offender with custody or unsupervised visitation rights, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

Subpart 4

9 CAR § 40-401 General services case opening and reevaluations {#sec-9-car-40-401 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-401}

9 CAR § 40-401. General services case opening and reevaluations.

(a)(1) The Division of Children and Family Services will open cases to ensure safety and promote the best interest of the child and to provide services to strengthen, reunify, and assist families.

(2) This will be accomplished through the delivery of prevention, in-home, adoptive (see 9 CAR § 40-901 et seq., for adoptive services) or permanency services as deemed appropriate by assessment.

(3) The purpose of services shall be to:

(A) Provide the child with a continuous and stable living environment;

(B) Promote family autonomy;

(D) Promote the reunification of the child with the caregiver, when applicable.

(b)(1) The division will ensure a determination of Title IV-E and Medicaid eligibility is obtained for each child placed in an out-of-home setting or subsidized adoption.

(2) When a child is removed from their home, a judicial determination as to whether reasonable efforts were made or were not required to prevent removal must be made no later than sixty (60) days from the date the child is removed from the home.

(3) Eligibility for Title IV-E foster care maintenance payments will be based on the following requirements:

(A) The child was removed from the home of a specified relative pursuant to judicial determination to the effect that:

(i)(a) Continuation in the home would be contrary to the welfare of the juvenile, or that the placement would be in the best interest of the child.

(b) The contrary-to-the-welfare determination will be made in the first court ruling that sanctions (even temporarily) the removal of a child from the home.

(c) If the determination regarding “contrary to the welfare” is not made in the first court ruling pertaining to removal from the home, the child will not be eligible for Title IV-E maintenance subsidy for the duration of that stay in foster care; and

(ii)(a) A finding of or a deeming of reasonable efforts is required.

(b) The judicial determination must state that reasonable efforts to prevent a child’s removal from home or to reunify the child and family are not required;

(B)(i) The child’s placement and care in a resource home or with a public or private child placement or childcare agency is the responsibility of either the division or any other public agency with whom the division has an agreement.

(ii)(a) “Childcare agency” means a private childcare agency, or a public childcare agency which accommodates no more than twenty-five (25) children, and is licensed by the state in which it is situated or has been approved by the agency of such state or tribal licensing authority (with respect to childcare institutions on or near Indian reservations) responsible for licensing or approval of institutions of this type as meeting the standards established for such licensing, except in the case of a child who has attained eighteen (18) years of age, the term includes a supervised transitional living setting in which the individual is living independently.

(b) This definition must not include detention facilities, forestry camps, training schools, or any other facility operated primarily for the detention of children who are determined to be delinquent.

(iii) The licensing file must contain documentation that verifies that safety considerations, with respect to the staff of the institution, have been addressed;

(C)(i) The child received aid (for these purposes “aid” is defined as Aid to Families with Dependent Children (AFDC) program requirements in effect July 16, 1996) in or for the month in which court proceedings leading to the removal of the child from the home were initiated, or would have received aid in or for the month if application for such aid had been made, or had been living with a specified relative within six (6) months prior to the month in which court proceedings were initiated, and would have received aid in or for such month if he or she had been living with such relative and an application had been made for aid under Title IV-A.

(ii) In any case where the child is an alien disqualified by the Immigration and Nationality Act of 1952, 8 U.S.C. § 1101 et seq., from receiving aid in or for the month in which court proceedings leading to the removal of the child from the home were instituted, such child shall be considered to satisfy the requirements with respect to that month, if he or she would have satisfied such requirements but for such disqualification.

(iii) The Office of Chief Counsel will be consulted if the child’s immigration status must be addressed in any manner; and

(D)(i) The child was living with a specified relative prior to removal from the home and was AFDC-eligible (per AFDC requirements in effect July 16, 1996) in that home in the month of the initiation of court proceedings.

(ii) Or the child had been living with the parent or specified relative within six (6) months of the month of the initiation of court and the child would have been AFDC-eligible in that month if he or she had still been living in that home (constructive removal).

(c)(1) A child of a parent who is in division custody is also considered a dependent juvenile and is eligible to receive foster care maintenance payments and is deemed to be a recipient of AFDC.

(2) Titles XIX and XX services will be available to the child in the state in which the child resides.

(d)(1) The State of Arkansas is not a voluntary placement state.

(2) The removal of a child from their home must occur pursuant to a judicial order placing custody of the child with the division.

History

Codification Notes: “AFDC” means Aid to Families with Dependent Children.This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "01/2011" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-402 Protective/supportive services case opening {#sec-9-car-40-402 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-402}

Codification Notes: 9 CAR § 40-402, concerning operning of a protective/supportive services case, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-403 Out-of-home placement services case opening {#sec-9-car-40-403 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-403}

Codification Notes: 9 CAR § 40-403, concerning opening an out-of-home placement services case, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-404 Case reevaluation for Medicaid redetermination purposes {#sec-9-car-40-404 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-404}

Codification Notes: 9 CAR § 40-404, concerning a case reevaluation for Medicaid redetermination purposes, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-405 Out-of-home placement outside the initiating county {#sec-9-car-40-405 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-405}

Codification Notes: 9 CAR § 40-405, concerning an out-of-home placement outside the initiating county, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-406 Notification of relatives and fictive kin when a child is taken into custody by the division {#sec-9-car-40-406 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-406}

9 CAR § 40-406. Notification of relatives and fictive kin when a child is taken into custody by the division.

(a) The Division of Children and Family Services shall exercise due diligence to identify and provide notice regarding any child transferred to the custody of the division to all adult grandparents, all parents of a sibling of the juvenile where the parent has legal custody of the sibling, and other adults who are related to the child within the third degree of kinship by virtue of blood, adoption, or marriage.

(b)(1) Additionally, the division will provide notice to any other adult relatives suggested by the parents of the child.

(2) Per Arkansas Code § 9-28-107, the division may provide notice of a child transferred to the custody of the division to fictive kin which are persons who have a strong, positive, emotional tie to the child and have a positive role in the child’s life but are not related by blood, adoption, or marriage.

(3) The division will, on a continuing basis, seek out for the purpose of identifying potential opportunities for permanency, persons with whom the child has meaningful relationships.

(4) The division will document its attempts to provide notice in court reports.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"08/2015" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-407 Notice to relatives and fictive kin {#sec-9-car-40-407 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-407}

Codification Notes: 9 CAR § 40-407, concerning notice to relatives and fictive kin, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-408 Coordination with the Office of Child Support Enforcement {#sec-9-car-40-408 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-408}

9 CAR § 40-408. Coordination with the Office of Child Support Enforcement.

(a) The Division of Children and Family Services will coordinate with the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration to ensure that permanency cases are referred so that support can be paid to the Department of Human Services while the child remains in Department of Human Services custody.

(b)(1) The division shall complete an assessment to determine whether the referral to the office is appropriate.

(2) The assessment will consider the family’s circumstances, family case plan goals, reunification efforts, and potential impact on the child’s permanency.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"02/2010" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-409 Division of Children and Family Services coordination with the Office of Child Support Enforcement {#sec-9-car-40-409 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-409}

Codification Notes: 9 CAR § 40-409, concerning Division of Children and Family Services coordination with the Office of Child Support Enforcement, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-410 Resolution of denial of Medicaid service {#sec-9-car-40-410 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-410}

9 CAR § 40-410. Resolution of denial of Medicaid service.

(a) When a particular service is denied for an otherwise Medicaid-eligible child experiencing foster care, the Division of Children and Family Services will attempt to resolve the issue by discussing the issue with the appropriate Division of Medical Services representative.

(b) If the issue cannot be resolved internally, the Division of Children and Family Services will file an appeal according to established Division of Medical Services guidelines.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"09/2008" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-411 Internal resolution {#sec-9-car-40-411 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-411}

Codification Notes: 9 CAR § 40-411, concerning internal resolution, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-412 External resolution {#sec-9-car-40-412 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-412}

Codification Notes: 9 CAR § 40-412, concerning external resolution, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-413 Client drug and alcohol screening {#sec-9-car-40-413 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-413}

9 CAR § 40-413. Client drug and alcohol screening.

(a) Overview.

(1)(A) Drug and alcohol use are often contributing factors to child maltreatment.

(B) As such, there are times when drug or alcohol screening for clients is necessary to ensure appropriate interventions are provided to the family.

(D) The use of drug and alcohol screens and the corresponding results are only one (1) component in the assessment of child safety and risk as well as the strengths and protective capacities of families.

(E) It is also important to recognize that drug screens administered by the Division of Children and Family Services staff are only presumptive screening tools.

(F) As such, only the results of a lab-confirmed drug test (not a drug screen) can definitively confirm the presence of a specific drug.

(2)(A) Division staff will conduct drug and alcohol screening of clients (that is, parents, caretakers, youth) when appropriate during a child maltreatment investigation or during the course of any type of open division case.

(B) It is considered appropriate to conduct a client drug or alcohol screen if the division staff has reasonable cause to suspect that a youth involved in a division investigation or case is using drugs or alcohol or has reasonable cause to suspect a child’s parents or caretakers are under the influence of drugs or alcohol to the point that their parenting abilities are negatively impacted.

(C) Reasonable cause to suspect may include past history of drug or alcohol abuse or observable client behavior indicating he or she may be under the influence of drugs or alcohol.

(b) Frequency and location of drug and alcohol screens.

(1)(A) The division may request random drug or alcohol screenings of a youth, parent, or caretaker for reasonable cause.

(B) The division will also conduct drug screens for clients as outlined in court orders, when applicable.

(2)(A) If a client is participating in a substance abuse treatment program that requires frequent random drug screening or has a probation or parole officer who conducts frequent random drug screens, then drug screens conducted by the division are not necessary (unless a court order specifies the division must administer drug screens rather than accepting drug screens from another qualified provider).

(B) The results from the drug screens conducted by the substance abuse treatment program, probation officer, or parole officer will suffice (see preceding court order exception) as long as the substance abuse treatment program, probation officer, parole officer, provides the written results of the drug screens to the division in a timely manner.

(C) If results are not received from the substance abuse treatment program, probation officer, parole officer, within court timeframes or as otherwise needed by the division, then at that point it will become necessary for the division to conduct an additional drug screen.

(D) The division will remain responsible for providing written drug screen results to the court regardless of the entity that conducts the screen.

(3)(A) Appropriate locations for drug or alcohol screenings for clients who are thirteen (13) years of age or older may include, but are not limited to, the county office, client home, and courthouse, as appropriate.

(B) While the division staff may conduct drug or alcohol screens on teenagers when necessary, all children younger than thirteen (13) years of age for whom a drug screen or test is needed will be referred to a physician or medical facility to have an appropriate screen or test completed (such as a hair shaft test) at no cost to the client.

(C) If parental consent for a necessary drug screen or test on a minor is not granted, the division will obtain an order of investigation to conduct a drug screen or test for children and youth.

(D) For drug screens or tests for children who are younger than thirteen (13) years of age, the division staff will accompany them to a qualified agency for the screen or test.

(1)(A) The division staff will conduct only oral fluids and urine specimen drug screenings.

(B) Only drug and alcohol screens from the division-approved vendor will be used by the division staff.

(C) The division staff will only administer drug and alcohol screens according to training and procedures provided by the vendor.

(2)(A) Division staff will keep record of their completion of training and complete training updates as needed.

(B) An employee who has not completed the division-approved vendor drug screening training will neither administer a drug or alcohol screen to a client nor serve as a witness to drug or alcohol screen results (witnesses to drug screen results are only required when results of the drug screen are unclear or challenged by the client).

(C) While interns (stipend and nonstipend) may observe the division staff working with drug and alcohol screens, interns will never independently conduct drug or alcohol screens on clients nor will they serve as an official witness to drug or alcohol screen results.

(3)(A) Written screening instructions provided by the division-approved vendor will be kept in a binder clearly identified as such in all county offices.

(B) County office personnel are responsible for maintaining all updates to the screening instructions that the Central Office Prevention and Support Unit provides to the field.

(4)(A) Court ordered (or otherwise deemed necessary) hair shaft tests, blood tests, or other drug screens that are not the standard division oral fluids or urine specimen screens administered by division staff will be handled on an individual basis.

(B) All requests for payment of hair shaft tests, blood tests, or other nonstandard drug screens will be made via the Area Financial Coordinator or designee to the Central Office Financial Unit.

(C) Such tests and screens will be paid with a state procurement card or purchase order with prior approval from the Central Office Financial Unit or other designated unit within Central Office.

(d) Client refusal of screens.

(1) If not previously court ordered, parents or caretakers may decline participating in their own drug or alcohol screens.

(2) Any refusal must be documented in the division information management system.

(3) The drug or alcohol screen may not be pursued further without a court order.

(4) If the adult client refuses to submit to any court ordered drug or alcohol screen:

(A) The screen will be documented in the division information management system as a refusal; and

(B) The refusal will be disclosed to the court.

(e) Actions following screen results.

(1)(A) Regardless of the results of the drug screen, division staff will verbally share the results of the screen with the client.

(B) The division staff will also record the results of the screen with the client.

(2)(A) If drug or alcohol screen results are positive, the division must assess how the drug or alcohol usage is impacting the parent or caretaker’s ability to effectively parent and ensure child safety prior to making decisions about the placement of the child, parent-child family time, or other family case plan requirements.

(B) A positive drug or alcohol screen in and of itself will not result in the postponement or withholding of family time between a parent and child in division custody unless:

(i) The parent is under the influence of drugs or alcohol at the time of the scheduled family time and has observable behavior indicating impairment of parenting capacity; or

(ii) A court order specifies that a parent’s positive screen will result in the withholding of parent-child family time.

(f) Client challenges to drug or alcohol screen results.

(1)(A) For each division-administered drug screen that is positive, the division will pay for one (1) lab test of that positive drug screen if it is challenged by the client.

(B) If the lab test confirms the presence of the drug or drugs, then the division will not pay for further testing of that positive screen or lab confirmation.

(C) However, if a consistent pattern of positive screens followed by client requests for lab confirmations of each screen that also return positive emerges, the division will have the discretion, in consultation with other parties to the case, to cease paying for continued lab confirmation tests requested by the client.

(2)(A) If a client challenges the results of a division administered drug or alcohol screen, the client may elect at their own expense to have another entity (for example, hospital for drug and alcohol screens or local police station for alcohol screens only) conduct another drug or alcohol screen or test rather than the division sending the screen to the lab for testing.

(B) The division will accept the results of urine or blood sample screens or tests from other qualified agencies as long as a division employee is able to immediately accompany the client to the qualified agency and provided the qualified agency conducting the screen gives results in writing to the division.

(g) Confidentiality of drug and alcohol screen results.

(1) All data, information, and results related to client drug or alcohol screens are confidential.

(2) Disclosure of information will only be to those individuals whose official business duties necessitate disclosure or as required by law.

(3) Breaches of confidentiality will constitute grounds for disciplinary action to include the possibility of job termination.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"10/2014" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-414 Administering client urine specimen drug screens {#sec-9-car-40-414 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-414}

Codification Notes: 9 CAR § 40-414, concerning the administration of client urine specimen drug screens, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-415 Client urine specimen drug screen challenges {#sec-9-car-40-415 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-415}

Codification Notes: 9 CAR § 40-415, concerning client urine specimen drug screen challenges, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-416 Administering other client drug and alcohol screens {#sec-9-car-40-416 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-416}

Codification Notes: 9 CAR § 40-416, concerning the administration of other client drug and alcohol screens, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-417 Maintenance and reordering of drug and alcohol screens {#sec-9-car-40-417 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-417}

Codification Notes: 9 CAR § 40-417, concerning the maintenance and reordering of drug and alcohol screens, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-418 Services case opening for infants born to juveniles in the physical custody of the Division of Youth Services {#sec-9-car-40-418 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-418}

9 CAR § 40-418. Services case opening for infants born to juveniles in the physical custody of the Division of Youth Services.

(a) The Division of Children and Family Services is responsible for coordinating services with the Division of Youth Services to ensure that infants born to youth in the physical custody of the Division of Youth Services will be placed in a healthy, safe, and caring environment upon the infants’ discharge from the hospital.

(b) The responsibilities and duties of each agency is delineated in the Department of Human Services Division of Children and Family Services – Division of Youth Services Cooperation Agreement, which is subject to renewal annually.

(c) To determine the individual responsibilities and operational protocol of the two (2) agencies, see the specifics of the agreement.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"09/2008" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-419 Coordination of services, care, and case opening for infants born to juveniles in the physical custody of the Division of Youth Services {#sec-9-car-40-419 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-419}

9 CAR § 40-419. Coordination of services, care, and case opening for infants born to juveniles in the physical custody of the Division of Youth Services.

(a) The Division of Children and Family Services responsibilities and duties:

(1) To ensure the well-being of an infant born to a juvenile in the physical custody of the Division of Youth Services, the Division of Children and Family Services Assistant Director of Field Operations or designee shall:

(A) Work collaboratively with the Division of Youth Services; and

(B) Function as the liaison between the Division of Youth Services and the Division of Children and Family Services; and

(2)(A) Upon receipt of information from the Division of Youth Services that a juvenile in their custody is pregnant, the Division of Children and Family Services Assistant Director of Field Operations or designee will be responsible for contacting and coordinating services with the appropriate Division of Children and Family Services county staff and the Division of Youth Services staff.

(B) In order to ensure the health and safety of any infant born to a juvenile in the physical custody of the Division of Youth Services, the Division of Children and Family Services Assistant Director of Field Operations or designee shall perform the following duties:

(i) Contact the appropriate Division of Children and Family Services county office to notify them of the referral from the Division of Youth Services;

(ii) Forward all information to the appropriate Division of Children and Family Services county office concerning the juvenile and designated caregivers;

(iii)(a) Coordinate all information sharing between the county office and the Division of Youth Services.

(b) If the county office needs any additional information from the Division of Youth Services, the county must contact the Division of Children and Family Services Assistant Director of Field Operations; and

(iv)(a) Track all referrals to the county office until the infant is placed with a designated caregiver or with the Department of Human Services.

(b) The Division of Children and Family Services Assistant Director of Field Operations or designee will develop a log to track all referrals and maintain the status of the referrals.

(b) In order to ensure the health and safety of any infant born to a juvenile in the physical custody of the Division of Youth Services, the Division of Children and Family Services county office shall perform the following duties:

(1) Contact the identified caregiver or caregivers to determine their willingness to take custody of the child at birth and to care for the child until the parent is released from the Division of Youth Services;

(2) Explain to the prospective caregiver that:

(A) If their home study, including a central registry check, a Division of Arkansas State Police criminal background check, and vehicle safety (DMV) check, is approved, the Division of Children and Family Services will petition the court for them to take custody of the child at birth, and the Division of Children and Family Services would have no further involvement in the case; and

(B) A prospective caregiver has the option of becoming a resource family only if they need assistance in the care of the child;

(3) Coordinate the services between other counties if the juvenile identifies more than one (1) potential caregiver and any of the prospective caregivers live in different counties;

(4) Subsequent to declining a prospective caregiver due to an unfavorable home study, contact other county offices as necessary to have those counties conduct home studies on other identified potential caregivers;

(5)(A) Conduct a home study, including a central registry check, a Division of Arkansas State Police criminal background check, and vehicle safety (DMV) check on the family that is the most willing to take the infant and willing to work for the best interest of the juvenile.

(B) County office staff can use contracts for conducting the home studies if contracts are available;

(6)(A) Once a favorable home study is completed on a prospective caregiver, explain to the prospective caregiver that the Division of Children and Family Services will petition the court for them to obtain emergency custody of the child.

(B) The home study needs to be completed and approved, if possible, prior to the infant’s birth;

(7) If the home study is completed and approved within the first or second trimester of the pregnancy, then after the child is born but before placement, complete a walk-through of the prospective caregiver’s home to ensure the home remains appropriate (a new home study is not required, only a walk-through);

(8) Contact the Office of Chief Counsel on each case so that there is appropriate court involvement; and

(9) Identify cases as FINS non-Division of Children and Family Services involvement as appropriate.

(c)(1) If an appropriate caregiver is willing to take custody of the child, the Division of Children and Family Services will not take custody but will file a petition for dependency due to the parent being incarcerated.

(2) The petition will ask for emergency custody to be given to the caregiver once the baby is born.

(3) Placement with the approved caregiver will be the requested placement and not placement with the department.

(d)(1) If there is no appropriate caregiver or if the identified caregiver is not willing to take custody of the child but expresses that they would like to become a resource parent for the child, the Division of Children and Family Services will petition the court for custody of the infant and open the caregiver’s home as a provisional resource home if the approved caregiver is a relative or fictive kin.

(2) If the approved caregiver is not a relative or fictive kin and wants to become a resource parent for the infant, the infant will have to be placed in an approved resource home until the caregiver becomes an approved licensed resource home.

(e) Release of infant.

(1) The Division of Children and Family Services Assistant Director of Field Operations or designee will immediately notify the appropriate county office of the juvenile’s entry into the hospital for delivery or immediately after the juvenile delivers the infant.

(2) Upon notification, the county office will immediately notify the approved caregiver of the juvenile’s entry into the hospital for delivery of the child.

(3) The Division of Children and Family Services shall be responsible for initiating any legal proceedings necessary to facilitate the placement or release of the infant or infants.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"08/2013" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-420 Service case opening for infants if abortion results in live birth {#sec-9-car-40-420 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-420}

9 CAR § 40-420. Service case opening for infants if abortion results in live birth.

The Division of Children and Family Services is responsible for the immediate and on-going care of infants born alive as the result of an attempted abortion if before the abortion, the pregnant woman, or if married, the pregnant woman and her spouse, have stated in writing that they do not wish to keep the infant if the abortion results in a live birth and the writing is not retracted before the abortion.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"04/2018" Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-421 Coordination of services, care, and case opening for infants if abortion results in live birth {#sec-9-car-40-421 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-421}

Codification Notes: 9 CAR § 40-421, concerning the coordination of services, care, and case opening for infants if an abortion results in live birth, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-422 Services case opening for cases involving incarcerated parents {#sec-9-car-40-422 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-422}

9 CAR § 40-422. Services case opening for cases involving incarcerated parents.

(a) The Division of Children and Family Services is responsible for coordinating services with the Department of Corrections and Arkansas Sheriff’s Association to ensure the immediate and on-going assessment and provision of services to incarcerated parents of juveniles.

(b) The division will make diligent efforts to locate incarcerated parents and to determine what services are available to those parents during their incarceration.

(c) When working with parents incarcerated through the Department of Corrections, the responsibilities and duties of the Department of Corrections and the division are delineated in the Arkansas Department of Human Services-Arkansas Department of Corrections Memorandum of Understanding (MOU), which is subject to renewal every three (3) years.

(d) To determine the individual responsibilities and operational protocol of the agencies, see the specifics of the MOU.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"04/2018" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-423 Coordination of services, hearings, and visitation for incarcerated parents {#sec-9-car-40-423 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-423}

Codification Notes: 9 CAR § 40-423, concerning the coordination of services, hearings, and visitation for incarcerated parents, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-424 Services case opening for cases involving active duty service members {#sec-9-car-40-424 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-424}

9 CAR § 40-424. Services case opening for cases involving active duty service members.

(a)(1) The Division of Children and Family Services is responsible for coordinating services with Little Rock Air Force Base to ensure the immediate and on-going assessment and provision of services to active duty service members who are involved in open Division of Children and Family Services cases.

(2) This includes:

(A) Reports involving as an alleged victim a child of an active duty service member, as an alleged offender a person who is an active duty service member; and

(B) Any report alleging child maltreatment:

(i) That occurred during an activity conducted or sanctioned by the United States Department of Defense or its subdivisions; or

(ii) Occurring at a facility operated by the United States Department of Defense or its subdivisions.

(b) The Division of Children and Family Services will make diligent efforts to locate active duty service members and to determine what services are available to those clients through the Family Advocacy Program on the military installation and via the Division of Children and Family Services.

(c) The Family Advocacy Program (FAP) at Little Rock Air Force Base will act as the central point of contact for all military branches and installations within the State of Arkansas.

(d) The Little Rock Air Force Base FAP will coordinate, on behalf of Little Rock Air Force Base and other Arkansas military branches and installations, with the Division of Children and Family Services and Crimes Against Children Division to:

(1) Develop a plan of investigation;

(2) Share information; and

(3) Coordinate the provision of necessary services for active duty service members.

(e) The FAP will determine eligibility for and coordinate available service provision through the base to active duty service members.

(f) Only the service member who was active duty at the time of the incident will be eligible for services through the military installation.

(g)(1) Not all military installations have services available locally.

(2) The specific responsibilities and duties of each agency are delineated in the Department of Human Services-Little Rock Air Force Base Memorandum of Understanding (MOU), which is subject to renewal every three (3) years.

(h) To determine the individual responsibilities and operational protocol of the two (2) agencies, see the specifics of the agreement.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"04/2018" History: Ark R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-425 Coordination of services for active duty service members {#sec-9-car-40-425 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-425}

Codification Notes: 9 CAR § 40-425, concerning the coordination of services for active duty service members, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

Subpart 5

9 CAR § 40-501 Family assessments – Overview {#sec-9-car-40-501 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-501}

9 CAR § 40-501. Family assessments – Overview.

(a)(1) The assessment of a family’s strengths and needs is the basis for developing individualized goals and identifying services and supports to meet the family’s needs.

(2) The family shall be a primary source of information for the assessment with emphasis on the partnership with the family and a holistic view of their circumstances.

(3) Other agencies or individuals with knowledge of the family’s circumstances will also be consulted as appropriate.

(b)(1) Family assessment is an approach to engaging families while also collecting and organizing information at critical decision points in every case.

(2) A thorough assessment of family functioning includes evaluating risk and safety threats that are barriers to family functioning as well as protective factors that may mitigate risks and safety threats.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"02/2015" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-502 Family assessments using the FAST and CANS {#sec-9-car-40-502 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-502}

Codification Notes: 9 CAR § 40-502, concerning family assessments using the Family Advocacy and Support Tool and Child and Adolescent Needs and Strengths, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-503 Family case plan {#sec-9-car-40-503 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-503}

9 CAR § 40-503. Family case plan.

(a) The family case plan is a written document that is a discrete part of the case record between the family and the Division of Children and Family Services.

(b) It outlines a strategy to assist the family in rectifying the issues that resulted in division involvement so that children may:

(1) Safely remain in their home during a prevention or in-home case; or

(2) Safely return to the parent, guardian, custodian, or other caregiver from whom they were removed.

(c)(1) A family case plan will be developed with all families involved in a dependency-neglect case or a family in need of services (FINS) case in which the division has been ordered to provide services.

(2) For cases not associated with a dependency-neglect or FINS petition, a family case plan must be developed if the case remains open for more than thirty (30) days.

(d) The initial family case plan will be completed in the division information management system within thirty (30) days of:

(1) Opening of an in-home case (to include prevention cases) or, filing of a related petition, whichever comes first; or

(2) A child entering a permanency services placement or the date the petition was filed, whichever comes first.

(e)(1) Family case plans will be updated at least every ninety (90) days thereafter, preferably during the family team meetings for both in-home and permanency services cases.

(2) However, family case plans will also be updated any time as needed based on evolving circumstances or participants.

(3) All parties will be notified of any substantive change to the family case plan.

(f) Family case plans will be developed after a thorough assessment of:

(1) Harm and safety threats (considering the impact of caregiver behavior on the child);

(2) Worries about what might happen if there is no intervention;

(3) What is working or has worked well in relation to ensuring child safety; and

(4) Strengths and resources available to the family, including the strength of the family’s network of support.

(g) The development of family case plans will be a collaborative process between:

(1) Family;

(2) The age-appropriate children;

(3) The family’s identified network members; and

(4)(A) Division staff; and other professionals, as applicable.

(B) If the parents are unwilling or unable to participate in the development of the family case plan, the division will document the parents’ unwillingness or inability to participate and provide a copy of the written documentation to the parent, if available.

(C) The division will then prepare a family case plan conforming as nearly as possible to the requirements set forth in this rule;

(5) When there is court involvement, resource parents, attorneys ad litem, parent counsel, Court Appointed Special Advocates (CASA), division staff who supervise family time, and any other involved parties;

(6) Adult household members and age-appropriate children in the household where the child resides or resided before removal;

(7) Noncustodial parents, including putative parents and incarcerated parents (unless legally prohibited from contact with the children);

(8) At least one (1) network member who must also be assigned action steps; and

(h) Consideration of the health and safety of a child must be addressed in all family case plans and include the following:

(1)(A) Harm, worry, and behaviorally specific goal statements created in consensus with the family, their network, and relevant parties to the case.

(B)(i) Worry statements will be focused on the caregiver’s current behavior and the impact of the specific behavior on the child.

(ii) Caregiver’s past behaviors and current behaviors having no direct negative impact on a child should not be included in service provision or family case planning unless those caregiver behaviors are included as actions of protection for a child.

(2) Behaviorally specific action steps for achieving the goals for each person in the family case plan to include specific timeframes in which the actions will be accomplished;

(3) Needed services and supports and a description of how these will facilitate the changes needed to ensure child safety; and

(4) Any reasonable accommodations made to ensure that participants in the plan have meaningful access to reunification services and prevention supports, as per the Americans with Disabilities Act.

(i) In addition, for families whose children are experiencing out-of-home placement, the family case plan will:

(1) Be completed and filed with the court within thirty (30) days of a child entering out-of-home care, and prior to adjudication.

(2) Include a concurrent goal that addresses a safe permanent placement if reunification is not possible and action steps to actively achieve the concurrent permanency goal.

(3) Include plans for family time for parents, guardians, or custodians and children in out-of-home care, as well as the family time rights and obligations of the parents, guardian, or custodian and the division during the periods the child is in an out-of-home placement;

(4) Describe action steps needed to place siblings together if they are initially in different placements to include:

(A) The reasons why joint placement would be contrary to the safety or well-being of any of the siblings; and

(B) Documentation of efforts to facilitate frequent family time or other ongoing interaction, unless documented that frequent family time or other ongoing interaction would be contrary to the safety or well-being of any of the siblings;

(5) Describe the child’s placement, and a discussion of the safety and appropriateness of the placement to include whether the placement is:

(A) In the least restrictive (most family-like) setting available;

(B) In close proximity to the home of the caregiver when the goal is reunification;

(C) If the child has been placed a substantial distance from the home of the caregiver or has been placed out of state, the description will include reasons why such a placement is in the best interest of the child; and

(D) Is consistent with the best interests and special needs of the child;

(6) Ensure the educational stability of the child while they are experiencing foster care including:

(A) An appropriate educational setting and consideration to the proximity of the school in which the child is enrolled at the time of placement; and

(B) Coordination with appropriate local educational agencies to ensure the child remains in the school in which the child is enrolled at the time of each placement; or

(C) If remaining in such school is not in the best interests of the child, immediate and appropriate enrollment in a new school with all educational records provided to the school through collaboration between the division and the local school district;

(7) Include the health and education records of the child including the most recent information available regarding:

(A) Names and addresses of the child’s health and educational providers;

(B) Child’s grade level performance;

(D) A record of the child’s immunizations;

(E) The child’s known medical issues;

(F) The child’s medications; and

(G) Any other relevant educational information concerning the child that is determined to be appropriate;

(8)(A) Where appropriate for a child fourteen (14) years of age or older experiencing foster care, a written description of the programs and services that will help the child prepare for the transition from foster care to successful adulthood.

(B) Any revision or addition must be developed in consultation with the child and at the option of the child, with up to two (2) members of the family case planning team who are chosen by the child and who are not a resource parent of, or Social Service Specialist for the child.

(C) Any individual selected by a child to be a member of the family case planning team may be rejected by the division at any time if there is a good cause to believe that the individual would not act in the best interest of the child.

(D) One (1) individual selected to be a member of the child’s case planning team may be designated to be the child’s advisor and, as necessary, advocate, with respect to the application of the reasonable and prudent parent standard to the child.

(9) During the ninety-day period immediately prior to the date on which the youth will attain eighteen (18) years of age, division staff will provide the youth with assistance and support in developing a transition plan within the family case plan that is personalized at the direction of the youth, including specific options on:

(A) Housing;

(B) Health insurance;

(D) Local opportunities for mentors and continuing support services;

(E) Work force supports and employment services;

(F) Information about the importance of designating another individual to make healthcare treatment decisions on behalf of the youth if the youth becomes unable to participate in such decisions and the youth does not have, or does not want, a relative who would otherwise be authorized under state law to make such decisions; and

(G) Options to execute a healthcare power of attorney, healthcare proxy, or similar document recognized under state law that is as detailed as the youth may elect;

(10)(A) Include documentation of the steps taken to finalize a placement when the family case plan goal is or becomes adoption or placement in another permanent home.

(B) When the case plan goal is adoption, at a minimum such documentation will include child specific recruitment efforts such as the use of state, tribal, regional, or national adoption exchanges including electronic exchange systems to facilitate orderly and timely placements.

(C) For a child with respect to whom the permanency plan is placement with a relative and receipt of kinship subsidized guardianship payments, a description of:

(i) The steps taken to determine that it is not appropriate for the child to be returned to their caregiver or be adopted;

(ii) The reasons for any separation of siblings during placement;

(iii) The reasons why a permanency placement with a fit and willing relative through a kinship guardianship assistance arrangement is in the child’s best interests;

(iv) The ways in which the child meets the eligibility requirements for a kinship subsidized guardianship payment;

(v) The efforts made to discuss adoption by the child's relative resource parent as a more permanent alternative to legal guardianship and, in the case of a relative resource parent who has chosen not to pursue adoption, documentation of the reasons; and

(vi) The efforts made to discuss with the child's parent or parents the kinship guardianship assistance arrangement, or the reasons why the efforts were not made.

(j) The division will provide copies of the signed family case plan to the parents, guardians, or custodians, other caregivers in the household, age-appropriate children, family support network members, and all parties to the case, as applicable.

(k) Before case closure, division staff, family members, household members, age-appropriate children, and members of the family support network will develop an aftercare plan that addresses ongoing child safety after the division is no longer working with the family.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"02/2015"The Americans with Disabilities Act is codified generally at 42 U.S.C. § 12101 et seq. History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-504 Case plan {#sec-9-car-40-504 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-504}

Codification Notes: 9 CAR § 40-504, concerning a case plan, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-505 Family team meetings {#sec-9-car-40-505 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-505}

9 CAR § 40-505. Family team meetings.

(a)(1) A family team meeting is a consultation of all involved parties for the purpose of assessing the current status of the child and family strengths and needs and developing or updating the family case plan and other associated plans (for example, family time plans or transitional plans) accordingly.

(2) Family team meetings will address the questions central to all family planning:

(A) What are we worried about?

(B) What is working well?

(b) A family team meeting may be held for various reasons based on the needs of the child and family.

(1) Developing the initial family case plan which must be completed within thirty (30) days of opening a services case or child entering an out of home placement, whichever comes first;

(2)(A) Reviewing the family case plan at least every three (3) months at subsequent family team meetings for the duration of an in-home services or permanency services case and making updates and other changes as applicable.

(B) Reviews during subsequent family team meetings will include discussion regarding the family’s progress made on the family case plan goals, behavioral change demonstrated by the parents, to include acts of protection, the need for ongoing services or supports, and any new factual circumstances.

(C) These subsequent family team meetings will also include discussing progress or making changes to the transitional plan for a youth fourteen (14) years of age or older experiencing foster care;

(3) Reviewing situations where a child has been in three (3) or more out-of-home placements within a twelve-month period, excluding if any of those placement moves have been the result of the child being placed with a relative or fictive kin after being placed in a traditional resource home or congregate care provider or placement moves that have otherwise resulted in a child moving to a less restrictive environment;

(4) Addressing challenges that bring a child or family into a state of crisis;

(5) Conducting a permanency planning family team meeting no later than the eleventh month of case opening, if applicable, to which the Adoption Specialist will be invited if the Adoption Specialist has not already been participating in the family team meetings; and

(6) Reviewing the need for case closure before a case is closed.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"02/2015" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-506 Procedure — Case staffings {#sec-9-car-40-506 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-506}

Codification Notes: 9 CAR § 40-506, concerning the procedure for case staffings, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

Subpart 6

9 CAR § 40-601 Services to preserve families in their homes {#sec-9-car-40-601 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-601}

9 CAR § 40-601. Services to preserve families in their homes.

(a)(1) Services to preserve families and protect children encompass a comprehensive continuum of services designed to address the life needs of the child and the family.

(2) These services include concrete services such as housing, transportation, cash assistance, rental deposit, food, and direct therapeutic intervention both for the family, as a whole and for individual family members.

(3) The array of services to preserve families and protect children is either direct or purchased services.

(b)(1) Services available to children and families are provided through Title IV-B, subpart II funding under the Promoting Safe and Stable Families Programs.

(2) The child’s health and safety will be a priority in the provision of services.

(3) The four (4) categories of services under the Promoting Safe and Stable Families Program are:

(A) Family preservation services;

(B) Family support services;

(D) Adoption promotion and support services.

(4) Family preservation services means services to children and families designed to help families, including adoptive and extended families, at risk or in crisis.

(1) Service programs designed to help children, where appropriate, return to families from which they have been removed, be placed for adoption, be placed with a legal guardian, and if adoption or legal guardianship is determined not to be safe and appropriate for a child, in some other planned, permanent living arrangement;

(2) Preplacement preventive services programs, such as intensive family preservation programs, designed to help children at risk of foster care placement remain safely with their families;

(3) Service programs designed to provide follow-up care to families to whom a child has been returned after a foster care placement;

(4) Respite care of children to provide temporary relief for parents and other caregivers, including resource parents; and

(5) Services designed to improve parenting skills by reinforcing caregivers’ confidence in their strengths, and helping them to identify where improvement is needed and to obtain assistance in improving those skills with respect to matters such as child development, family budgeting, coping with stress and health and nutrition.

(d) Family support services are community-based services that promote the well-being of children and families and are designed to:

(1) Increase the strength and stability of families (including resource families, adoptive families, and extended families);

(2) Increase caregivers’ confidence and competence in their parenting abilities; and

(3) Afford children a stable and supportive family environment and otherwise enhance child development.

(e) Services include:

(1) Respite care;

(2) Early developmental screening of children;

(3) Mentoring;

(4) Tutoring;

(5) Health education for youth;

(6) Parenting skills;

(7) Counseling;

(8) Home visiting activities; and

(9) A range of center-based activities.

(f)(1) Time-limited reunification are services and activities that are provided to a child that is removed from the child’s home and placed in a resource family home or a childcare institution, and to the parents or primary caregiver of such a child, in order to facilitate the reunification of the child safely and appropriately within a timely fashion, but only during the fifteen-month period that begins on the date the child enters foster care.

(2) Services include:

(A) Counseling;

(B) Substance abuse treatment services;

(D) Assistance to address domestic abuse;

(E) Temporary child care; and

(F) Transportation to services or activities.

(g) Adoption promotion and support services are services and activities designed to encourage more adoptions out of the foster care system, when adoptions promote the best interest of children, including such activities as preadoptive and postadoptive services and activities designed to expedite the adoption process and support adoptive families.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"01/2005" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-602 Services to preserve families in their homes {#sec-9-car-40-602 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-602}

Codification Notes: 9 CAR § 40-602, concerning services to preserve families in their homes, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-603 Policy — Family contacts {#sec-9-car-40-603 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-603}

9 CAR § 40-603. Policy — Family contacts.

(a) The Division of Children and Family Services shall maintain a level of contact with the family adequate to:

(1) Protect the health and safety of the child;

(2) Protect the child from further child maltreatment; and

(3) Provide family support.

(b) When a report of child maltreatment is true and it is determined that the child shall remain in the home, the appropriate frequency for visits to the child and family shall be no less than weekly in the home during the first month that the case is opened.

(c) If the case is open longer than one (1) month, the Social Service Specialist and their supervisor may consult with each other to determine if contact may safely be held less frequently than weekly.

(d)(1) Visits to the family in the home, with a face-to-face visit with the child, will be held at least once a month.

(2) Less frequent contact shall be dictated by the needs of the child and family and must have prior approval by the supervisor.

(e) The supervisor must review the current safety assessment and risk assessment for the child before granting a waiver permitting less frequent contact.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"01/2005" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-604 Procedure — Family service worker contacts {#sec-9-car-40-604 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-604}

Codification Notes: 9 CAR § 40-604, concerning the procedure for family service worker contacts, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-605 Family Support Fund {#sec-9-car-40-605 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-605}

9 CAR § 40-605. Family Support Fund.

(a) The Division of Children and Family Services will ensure that staff has prompt access to the Family Support Fund to prevent children from entering or remaining in foster care due to the caregivers’ financial inability to:

(1) Meet the children’s basic needs; or

(2) Participate in family case plan services.

(b) Examples may include short‐term assistance with utilities, gas cards, or purchases for the home to help ensure the safety of children (such as a crib to ensure a safe sleep environment for an infant).

(d) Requests to access the Family Support Fund for families involved in child maltreatment investigations and any type of case services will be made via the assigned division chain of command.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"03/2024" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-606 Child involved in an in-home or prevention services case who is missing {#sec-9-car-40-606 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-606}

9 CAR § 40-606. Child involved in an in-home or prevention services case who is missing.

(a)(1)(A) Occasionally there are instances when a child or youth involved in an open in-home services case may run away or otherwise go missing.

(B) This includes investigations, differential responses, and in-home cases.

(2) In all instances of missing children who are part of an open in-home services case, the Division of Children and Family Services will collaborate with the child’s family, law enforcement, and the National Center for Missing and Exploited Children (NCMEC) in an effort to locate the child.

(b) Child who may have been taken without authorization or the family has absconded with the child or children.

(1) If the family or division has reason to believe the child was taken from their parents, caretakers, or both, without authorization by another individual, then upon notification, the family’s Social Service Specialist and the supervisor will ensure the following individuals are notified of the child’s disappearance:

(A) Local law enforcement;

(B) Social Service Area Manager; and

(2) The Assistant Director of Field Operations or designee will then notify the Director of the Division of Children and Family Services.

(3) The Social Service Specialist will also issue a protective services alert if:

(A) The family has left the county of origin and moved with their child or children to another county or state;

(B) The new address is unknown; and

(C) The child’s health or physical well-being is deemed to be in immediate danger because the family is involved in an open case involving an identified safety threat.

(1) If the family, division, or both have reason to believe the child independently left their home of their own accord (for example, they run away), then upon notification, the family’s Social Service Specialist and supervisor will ensure the Social Service Area Manager is also notified of the child’s disappearance.

(2) The Social Service Specialist will then follow state and federal reporting guidelines.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"07/2024" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-607 When a child is reported missing from a family with an open protective services case {#sec-9-car-40-607 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-607}

Codification Notes: 9 CAR § 40-607, concerning when a child is reported missing from a family with an open protective services case, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-608 When a child involved in a protective services case who has been missing is located {#sec-9-car-40-608 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-608}

Codification Notes: 9 CAR § 40-608, concerning when a child involved in a protective services case who has been missing is located, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

Subpart 7

9 CAR § 40-701 Out-of-home placement criteria {#sec-9-car-40-701 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-701}

9 CAR § 40-701. Out-of-home placement criteria.

(a)(1) The State of Arkansas is not a voluntary placement state.

(2) The removal of a child from their home must occur pursuant to a judicial order placing custody of the child with the Division of Children and Family Services.

(3) After the division removes the child or the court grants custody of the child to the Department of Human Services, the child shall be placed in a licensed or approved resource home, shelter, or facility, or an exempt child welfare agency as defined at Arkansas Code § 9-28-402.

(b)(1) When a child is in the custody of the Division of Children and Family Services, the Division of Children and Family Services shall ensure that the out-of-home placement is:

(A) In the best interest of the child;

(B) The least restrictive possible;

(C) Matched to the child’s physical and therapeutic needs (such as caretakers have the skills and training sufficient to meet the child’s individual needs); and

(D) Close in proximity to the child’s caregivers and the child’s school.

(2) All efforts to place a child within Arkansas shall be thoroughly explored and documented before consideration is given to out-of-state placement.

(c)(1) If the biological caregiver expresses a preference for placing a child in a home of the same or similar religious background to the biological caregiver’s, the Division of Children and Family Services will place the child with a family that meets the biological caregiver’s religious background.

(2) If a family with the same or similar religious background is not available, the Division of Children and Family Services will place the child with a family of a different religious background but that is knowledgeable and appreciative of the child’s religious background.

(d)(1) When it is in the best interest of each of the children, the Division of Children and Family Services shall attempt to place siblings together while they are experiencing foster care.

(2) Siblings include those individuals who would be considered a sibling under state or tribal law if it were not for the disruption in parental rights, such as a termination of parental rights or death of a parent.

(3) When it is in the best interest of each of the children, the Division of Children and Family Services shall attempt to place together infants with minor mothers who are in foster care.

(e)(1) The state shall check all appropriate child abuse and neglect registries for information on any prospective resource parent and any household member fourteen (14) years of age and over living in the household before the prospective caregiver may be finally approved for placement of that child.

(2) This will be done regardless of whether foster care maintenance payments or adoption assistance payments are to be made on behalf of the child.

(3) The state shall also request any other state in which a prospective caregiver or any household member fourteen (14) years of age and older has resided in the preceding five (5) years to check any child abuse and neglect registry it maintains for such information.

(4) The state will comply with any request received from another state to check its own child abuse and neglect registry.

(f) In addition, a child in the custody of the Division of Children and Family Services shall not be placed in an approved home of any resource parent unless all household members eighteen and one-half (18 1/2) years of age and older, excluding children experiencing foster care, have had a Division of Arkansas State Police criminal record check.

(g) A child in the custody of the Division of Children and Family Services shall also not be placed in an approved home of any resource parent unless all household members eighteen and one-half (18 1/2) years of age and older, excluding children experiencing foster care, have a fingerprint-based Federal Bureau of Investigation criminal background check.

(h)(1) No child shall be placed in the home of a resource parent where a records check reveals a felony conviction for:

(A) Child abuse or neglect;

(B) Spousal abuse or domestic battery;

(D) A crime involving violence, including:

(i) Rape;

(ii) Sexual assault; or

(iii) Homicide.

(2) No child shall be placed in the home of a resource parent if the record check reveals a criminal conviction for physical assault, battery, or a drug related offense, if the offense was committed within the past five (5) years.

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

(i)(1) In all custodial placements by the Division of Children and Family Services, preferential consideration will be given to an adult relative over a nonrelated caregiver if:

(A) The relative caregiver meets all relevant child protection standards; and

(B) It is in the best interest of the child to be placed with the relative caregiver.

(2) All potential out-of-state relative placements will be given the same opportunity as in-state relative placements to choose to become resource homes.

(j) In order to assist in placing the child with an appropriate relative, the court will order the caregivers to provide the necessary information to the Division of Children and Family Services to locate appropriate relatives:

(1) The names, addresses, and phone numbers of any relatives who may be placement resources for the child;

(2) The names, addresses, and phone numbers and other identifying information on any putative father or fathers of the child;

(3) Any information regarding possible membership or descent from an Indian tribe; and

(4) Information necessary to determine financial eligibility for services or foster care.

(k)(1) If the relative meets all relevant child protection standards and it is in the child’s best interest to be placed with the relative caregiver, the Division of Children and Family Services shall discuss with the relative the following two (2) options for placement of the child in the relative’s home:

(A) The relative becoming a Division of Children and Family Services provisional resource home prior to becoming a regular Division of Children and Family Services resource home; or

(B) The relative obtaining legal custody of the child.

(2) For more information on these placement options, refer to 9 CAR § 40-708, consideration of relatives and fictive kin for children experiencing foster care.

(l)(1) Fictive kin to the child may be an appropriate placement option for a child provided the individual meets all relevant child protection standards and it is in the child’s best interest to be placed with fictive kin.

(2) Fictive kin are defined as persons not related by blood or marriage but who have a strong, positive emotional tie to the child, and have a positive role in the child’s life such as:

(A) Godparents;

(B) Neighbors; or

(3) If appropriate fictive kin are identified as a placement option for a child, the Division of Children and Family Services shall discuss with the fictive kin the following two (2) options for placement of the child in the fictive kin’s home:

(A) The fictive kin becoming a Division of Children and Family Services provisional resource home prior to becoming a regular Division of Children and Family Services resource home; or

(B) The fictive kin obtaining legal custody of the child.

(m) The child shall remain in a licensed or approved resource home, shelter, or facility, or an exempt child welfare agency as defined at Arkansas Code § 9-28-402(12), until:

(1) The relative or fictive kin’s home is opened as a provisional resource home or regular resource home; or

(2) The court grants custody of the child to the relative or fictive kin after a written approved home study is presented to the court.

(n) Placement or custody of a child in the home of a relative or other person shall not relieve the Division of Children and Family Services of its responsibility to actively implement the goal of the case.

(o)(1) The court may order a child to remain in a placement if the court finds the placement is in the best interest of the child (with the exception that the court shall not order a child to remain in a placement in a resource home that has been closed or suspended by a child placement agency) after hearing evidence from all parties.

(2) The court shall not specify a particular provider for placement or family services, when the Division of Children and Family Services is the payer or provider.

(3) However, the court may order a child to be placed into a licensed approved placement (such that, no child shall be placed in a resource home that has been closed or suspended by a child placement agency) after a hearing where the court makes a finding that it is in the best interest of the child based on bona fide consideration of evidence and recommendations from all the parties.

(p)(1) If the court orders a child to be placed into a licensed approved placement as outlined above, a Title IV-eligible child may still remain Title IV-E-claimable.

(2) However, if the court orders a child into a specific placement and it is determined that the court did not make a finding based on bona fide consideration of evidence and recommendations from all parties a Title IV-eligible child’s Title IV-E claimability may be affected.

(q)(1) If the health or welfare of a child is in immediate danger while in a court-ordered placement, the Division of Children and Family Services may immediately remove the child from the court-ordered placement.

(2) If the Division of Children and Family Services must move a child from a court-ordered placement due to the health or welfare of a child being in immediate danger, the Division of Children and Family Services shall notify all parties within twenty-four (24) hours of the change in placement.

(3) Regarding this type of placement change, a hearing may be requested by a party to the case, and the hearing shall be held within five (5) business days of receiving the request.

(r)(1) In all cases in which family services are ordered, the court shall determine the caregiver’s ability to pay, in whole or in part, for these services.

(2) This determination and the evidence supporting it shall be made in writing in the court order ordering family services.

(3) If the court determines that the caregiver is able to pay, in whole or part, for the services, the court shall enter a written order setting forth the amounts the caregiver can pay for the family services ordered and ordering caregiver to pay the amount periodically to the provider from whom family services are received.

(4) If a child is committed to a youth services center or detained in a juvenile detention facility and is covered by private health insurance, the court may order the caregiver to provide information on the health insurance coverage (including a copy of the health insurance policy and pharmacy card when available) to the detention or youth services center.

(s)(1) A child of a parent who is in division custody, is also considered a dependent juvenile and is:

(A) Eligible to receive foster care maintenance payments; and

(B) Deemed to be a recipient of aid to families with dependent children.

(2) Titles XIX and XX services will be available to the child in the state in which the child resides.

(t)(1) Children who are in the custody of the division shall be allowed trial home placements with caregivers, for a period not to exceed sixty (60) days, except as approved by the division, and in any event not to exceed six (6) months.

(2) This includes trial home placements with the juvenile’s caregivers from whom custody was removed (or other person from whom custody was removed).

(3) The division values child safety and will not place any child in trial home placement unless immediate safety threats have been mitigated and sixty (60) days is the intended maximum trial home placement.

(4) Use of trial home placement for a period exceeding sixty (60) days will be reserved for extenuating circumstances.

(5) At the end of the sixty (60) days, unless an extension is requested by the division for good cause, the court shall either place custody of the child with the caregiver, or the division shall return the child to:

(A) A licensed or approved:

(i) Resource home;

(ii) Shelter; or

(iii) Facility; or

(B) An exempt child welfare agency as defined in Arkansas Code § 9-28-402.

(u) When a child leaves the custody of the division and the court grants custody to the caregiver or kin, the division is no longer the legal custodian of the child, even if the juvenile division of circuit court retains jurisdiction.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"01/2020" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-702 Initial out-of-home placement determination {#sec-9-car-40-702 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-702}

Codification Notes: 9 CAR § 40-702, concerning an initial out-of-home placement determination, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-703 Out-of-home placement of underaged juvenile offender, juvenile offender, or sexual offender {#sec-9-car-40-703 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-703}

9 CAR § 40-703. Out-of-home placement of underaged juvenile offender, juvenile offender, or sexual offender.

(a)(1) If the child being placed has been identified as an exempted-from-finding underaged juvenile offender, or a juvenile offender, or a sexual offender, the child must not be placed in a home with other children, unless the child’s therapist and the Division of Children and Family Services determine that the child is no longer a danger to other children.

(2) Proper documentation of this will be contained in the child’s case file and documented in the recommended division information management system screen.

(b) Any child being placed who is an adolescent or child sexual offender and has been assessed and designated as a risk Level 3 or Level 4, and is required to register as a sex offender under the Sex Offender Registration Act of 1997, Arkansas Code § 12-12-901 et seq., must not:

(1) Be placed in any out-of-home placement that is within two thousand feet (2,000’) of the victim’s residence;

(2) Be allowed to have any direct or indirect contact with the intention to harass the victim; and

(3) Be placed in any out-of-home placement that is within two thousand feet (2,000’) of any public or private:

(A) Elementary or secondary school;

(B) Public park;

(D) Childcare facility.

(c) Document in the division information management system that a child who is a Level III or IV registered sex offender and must not be placed in any out-of-home placement that is within two thousand feet (2,000’) of the victim’s home or any public or private:

(1) Elementary or secondary school;

(2) Public park;

(3) Youth center; or

(4) Childcare facility.

(d) Provide local law enforcement or other appropriate law enforcement agency, with all applicable and appropriate information that is required by law within five (5) business days after the person establishes residency.

(e) Document that law enforcement has been notified of this placement and all subsequent placements.

(f) If recommended placement is a facility, facility must be notified about any under-aged juvenile offender, juvenile offender, or sexual offender status and documented in the placement recommendation screen.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"09/2011" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-704 Placement of infants born to incarcerated mothers {#sec-9-car-40-704 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-704}

9 CAR § 40-704. Placement of infants born to incarcerated mothers.

(a) The Division of Children and Family Services will accept referrals from the Department of Corrections social worker seeking to find appropriate placements for infants born to incarcerated mothers.

(b) If the infant has a legal father, the division will not take any action unless the legal father refuses to assume responsibility for the child.

(c) The department social worker will refer the case to the division if the female inmate is unable to identify anyone who meets specific department guidelines for the assumption of care for the infant.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"08/2013" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-705 Out-of-home placement by sheriff or police chief in emergency situations {#sec-9-car-40-705 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-705}

9 CAR § 40-705. Out-of-home placement by sheriff or police chief in emergency situations.

In an emergency situation, a sheriff or police chief may place children in the Division of Children and Family Services resource homes only when the following criteria have been met:

(1) The sheriff or chief of police contacts the area or county designated on-call worker and does not get a return phone call within thirty (30) minutes;

(2) Subsequent to not receiving a phone call in the above situation, the sheriff or chief of police contacts the division emergency contact line and does not get a return phone call within fifteen (15) minutes;

(3) The resource parent is personally well-known to the sheriff or the chief of police and the sheriff or chief of police has:

(A) Determined that the resource parent’s home is safe and provides adequate accommodations for the child; and

(B) Performed a criminal record and child maltreatment check on the resource parent; and

(4) The sheriff or chief of police will on the next business day notify the division of the time and date that the child was placed in the resource parent’s home.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"09/2011" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-706 Out-of-home placement support {#sec-9-car-40-706 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-706}

Codification Notes: 9 CAR § 40-706, concerning out-of-home placement support, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-707 Concurrent planning {#sec-9-car-40-707 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-707}

9 CAR § 40-707. Concurrent planning.

(a) The Division of Children and Family Services will ensure timely permanency for children experiencing foster care.

(b) Concurrent planning includes working towards the goal of returning the child to the caregivers while at the same time working on alternative permanent placements.

(c) Concurrent planning will be done for all out-of-home placement cases except for those cases where the court determines no reasonable efforts to provide reunification services.

(d) The level and degree of concurrent planning will be on a case-by-case basis.

(e) The division will immediately develop and implement a realistic concurrent plan.

History

History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-708 Consideration of relatives and fictive kin for children experiencing foster care {#sec-9-car-40-708 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-708}

9 CAR § 40-708. Consideration of relatives and fictive kin for children experiencing foster care.

(a)(1) The Division of Children and Family Services believes that safe and appropriate relatives and fictive kin are the best placements for children who must be removed from their homes to ensure safety.

(2) Research confirms that children experiencing foster care fare much better when placed with relatives and fictive kin than in traditional resource homes or other placement settings.

(3) Placement with relatives and fictive kin helps to minimize trauma, improve well-being, and increase permanency for children in foster care.

(4) The division will strive to ensure that a child’s first placement is with a relative or fictive kin if at all possible.

(b)(1) “Relative” means a person within the fifth degree of kinship to the child or at least one (1) of the children in a sibling group, including step-siblings and half-siblings, by virtue of blood or adoption.

(2) In all custodial placements by the division in foster care or adoption, preferential consideration shall be given to an adult relative over a nonrelated caregiver if:

(A) The relative caregiver meets all relevant child protection standards; and

(B) It is in the best interest of the child to be placed with the relative caregiver.

(c)(1) When considering placement options for a child experiencing foster care, relative includes noncustodial parents as parents are presumed to be the most appropriate caregiver for a child unless evidence to the contrary is presented.

(2) When a child enters foster care, the division will immediately evaluate the appropriateness of noncustodial parents for trial home placement of their child.

(3) When a noncustodial parent is not an immediate placement option, the division will seek other relatives as potential caregivers in an effort to preserve the bond between the child and family.

(4) The division will discuss with relative (who is not the noncustodial parent) the following two (2) options for placement of the juvenile in the relative’s home:

(A) The relative becoming a division provisional resource home prior to becoming a regular resource home; or

(B) The relative obtaining legal custody of the juvenile.

(d) Per Arkansas Code § 9-27-354, placement or custody of a juvenile in the home of a relative shall not relieve the division of its responsibility to actively implement the goal of the case.

(e)(1) “Fictive kin” means a person not related to a child by blood or marriage, but who has a strong, positive, emotional tie to a child and has a positive role in a child’s life.

(2) If there are no available or appropriate relatives within the fifth degree of kinship to the child, then the division will attempt to identify appropriate fictive kin, to include people beyond the fifth degree of kinship by virtue of blood or adoption, as a placement option for the child.

(3) If the fictive kin meet all relevant child protection standards and it is in the best interest of the child to be placed with the fictive kin, the division shall discuss with the fictive kin the following two (2) options for placement of the juvenile in the relative’s home:

(A) The fictive kin becoming a division provisional resource home prior to becoming a regular resource home; or

(B) The fictive kin obtaining legal custody of the juvenile.

(f) The juvenile shall remain in a licensed or approved resource home, shelter, or facility, or an exempt child welfare agency until:

(1) A trial home visit placement occurs with a noncustodial parent;

(2) A relative or fictive kin’s home is opened as a provisional or regular resource home; or

(3) The court grants custody of the juvenile to the relative or fictive kin after a written approved home study is presented to the court.

(g)(1) If the relative or fictive kin chooses to obtain legal custody of the juvenile, an in-home services case must be opened on the child and a family case plan developed to establish permanency for the child.

(2) The division must provide services similar to the services that would have been provided if the child was placed in foster care, and the family case plan must address these services.

(3) For example, the child’s health, education, and counseling needs should be addressed in the family case plan.

(4) Relatives and fictive kin have the option of obtaining permanent custody or guardianship if all efforts toward reunification are exhausted or to achieve family case plan goals for permanency.

(5) If the court grants permanent custody, or guardianship is granted, the in-home services case will be closed.

(h) If termination of parental rights is an option for the case, the relative or fictive kin is eligible to adopt the child and can receive services identified in 9 CAR § 40-930, adoption subsidy and related procedures, if the child is eligible.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"01/2020" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-709 Trial home visit with noncustodial parents {#sec-9-car-40-709 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-709}

Codification Notes: 9 CAR § 40-709, concerning a trial home visit with noncustodial parents, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-710 Provisional foster home placement for children in foster care {#sec-9-car-40-710 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-710}

Codification Notes: 9 CAR § 40-710, concerning a provisional foster home placement for children in foster care, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-711 Relative and fictive kin custody for children in foster care {#sec-9-car-40-711 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-711}

Codification Notes: 9 CAR § 40-711, concerning relative and fictive kin custody for children in foster care, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-712 Maintaining family ties in out-of-home-placements {#sec-9-car-40-712 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-712}

9 CAR § 40-712. Maintaining family ties in out-of-home-placements.

(a)(1) Removal from the home and subsequent out-of-home placement are traumatic events for children.

(2) A way this trauma may be minimized is by maintaining family ties in out-of-home placements.

(3) Moreover, the Division of Children and Family Services believes that strengths of families and supporting these strengths contribute to life-long permanent relationships for children.

(4) This belief is supported by research demonstrating that children who maintain positive family ties while in out-of-home placement achieve better short-term and long-term outcomes.

(5) While children are in out-of-home placements, the division, in conjunction with resource parents (both kinship and traditional resource parents, as applicable) and other placement providers, will update parents regarding their children’s lives including providing information regarding, without limitation, status of physical, behavioral, and emotional health, progress in school, involvement in extracurricular activities, and achievements.

(6) Parents will be invited to participate in their children’s medical appointments as well as school, faith-based, and extracurricular activities, as appropriate.

(7) If court orders differ from the requirements outlined in this policy and related procedures regarding family time and contact with family members, the division will comply with court orders accordingly.

(8) It is the division’s responsibility to prepare the child for all family time sessions, assess the impact of family time on the child, and collaborate with the child’s placement provider to ensure the child receives the necessary supports to appropriately process each family time session.

(9)(A) This applies to parent-child family time, sibling family time, and family time with other relatives, fictive kin, or other family network members.

(B) The network is a group of family, friends, and professionals who are willing to meet with the division and work in concrete ways to support the caregivers and keep the child safe.

(10)(A) For family time that requires supervision, the person supervising will document a summary of the family time session in the division’s information management system.

(B) The summary will include a description of the activities that took place during family time, adult and child reactions during family time, any acts of protection or parenting skills demonstrated by the parents (specific to parent-child family time), and overall progress made during family time, or lack thereof.

(11) It is the duty of the primary Social Service Specialist to obtain regular updates regarding family time sessions if he or she is not regularly supervising family time.

(12) Updates may be obtained directly from the person who supervises the family time sessions or by regularly reading contacts entered into the division information management system specific to family time.

(13) However, if an individual supervising family time does not have access to the division information management system, it is also the responsibility of the primary Social Service Specialist to communicate with the person who supervised family time in order to gather this information and subsequently enter a contact into the division information management system with said summary.

(b) Contact with caregivers.

(1)(A) In order to maintain and strengthen the caregiver-child relationship, family time and other forms of contact with caregivers and their children experiencing foster care are essential.

(B) The first caregiver-child family time session after a removal will occur with the caregiver from whom the child was removed within two (2) business days of the removal.

(C) From that point, family time between caregivers, including noncustodial and putative caregivers as applicable, and their children will occur at least weekly based upon the child’s best interest.

(D) More frequent family time is encouraged, as appropriate.

(E) Division staff will ensure all family time sessions follow the protocols set forth in the DCFS Statewide Family Time Requirements and Guidelines.

(F) Division staff will also review the DCFS Statewide Family Time Requirements and Guidelines with caregivers at the first family team meeting and on an ongoing basis as needed.

(G) All caregivers will receive a copy of the DCFS Statewide Family Time Requirements and Guidelines.

(H) A positive drug or alcohol screen in and of itself will not result in the postponement or withholding of family time between a caregiver and child in division custody unless:

(i) The caregiver is under the influence of drugs or alcohol at the time of the scheduled family time and has observable behavior indicating impairment of parenting capacity; or

(ii) A court order specifies that a caregiver’s positive screen will result in the withholding of family time.

(2)(A) There is a legal presumption that family time may be unsupervised unless evidence has been provided to and the court has made a ruling that unsupervised family time is not in the best interest of the children involved.

(B) The burden is upon division staff to provide evidence regarding why family time must be supervised or may be unsupervised.

(3)(A) If the court orders supervised family time, the caregiver from whom custody of the child has been removed will receive a minimum of four (4) hours of supervised family time per week.

(B) The court may order less than four (4) hours of supervised family time if the court determines that the supervised family time is not in the best interest of the child or will impose an extreme hardship on one (1) of the parties.

(4)(A) Family time that has been ordered to be supervised may be graduated to unsupervised depending on the dynamics of the case.

(B) Any division staff member as well as approved student interns and volunteers may supervise family time.

(D) When making the assignment, the supervisor will consider the family’s history, current level of functioning, and any other applicable factors as well as the skill set of the individual selected to supervise family time.

(5)(A) The preferred location for family time is the caregiver’s home or, if that is not possible, in the most home-like setting possible.

(B) Family time in a division office should be a last resort.

(C) Family time is encouraged to include any variety of quality family activities such as visiting a library, playing at a park, or making and enjoying a meal together, as appropriate for an individual family.

(6)(A) While children are experiencing foster care, the division, in conjunction with resource providers, will update caregivers regarding their children’s lives including providing information regarding, without limitation:

(i) Status of physical, behavioral, and emotional health;

(ii) Progress in school;

(iii) Involvement in extracurricular activities; and

(iv) Achievements.

(B) Caregivers will be invited to participate in their children’s school, faith-based, and extracurricular activities as appropriate.

(7)(A) The specific plan for family time between a child experiencing foster care and their caregivers, as appropriate, will be included in the family case plan.

(B) As the family prepares for reunification, the frequency and length of family time will increase while the level of supervision will decrease accordingly.

(8)(A) Resource parents and approved relative and fictive kin volunteers may communicate directly with biological caregivers when appropriate and in the child’s best interest to:

(i) Give updates on the child’s progress;

(ii) Inform them of the child’s school and extracurricular activities; and

(iii) Share photos.

(B) Resource parents and approved relative and fictive kin volunteers are also encouraged to consider supporting the caregiver-child relationship in other ways such as:

(i) Helping the child write letters to their caregivers;

(ii) Creating life books with the children to then share with the biological caregivers; and

(iii) Presenting a positive view of the child’s caregivers to the child to the extent possible.

(9) In addition, since resource parents and the family’s network members can model positive parenting skills that may help the biological caregivers to achieve reunification, resource parents may consider hosting caregiver-child family time, if appropriate and acceptable to all individuals involved.

(10) When assessing the appropriateness of resource parents and approved relative and fictive kin volunteers communicating directly with biological caregivers, holding caregiver-child family time in the resource parent home, or transporting the child to caregiver-child family time, the division will ensure the resource parents and approved relative and fictive kin volunteers thoroughly understand all court orders related to caregiver-child contact and consider:

(A) Various family dynamics;

(B) Progress of the case at that point in time; and

(11)(A) Division staff members will discuss with resource parents, approved relative and fictive kin volunteers, and biological caregivers the level of comfort that both sets of caregivers have with resource parents or approved relative and fictive kin volunteers providing transportation to caregiver-child family time or, as applicable to resource parents, hosting or supervising caregiver-child family time.

(B) Staff will not expect resource parents to host or supervise caregiver-child family time or transport to caregiver-child family time:

(i) During the first placement they have as resource parents; and

(ii) During the first month of any open permanency case regardless of the number of times they have served as resource parents.

(C) Exceptions to the above guidelines may be made if the resource parents express an interest in assisting with caregiver-child family time under these conditions.

(D) Even when resource parents state they are willing to assist with caregiver-child family time during the first placement they have as resource parents or during the first month of any open permanency case, the division will make a decision regarding the resource parents’ involvement with caregiver-child family time after carefully assessing each individual case and the dynamics involved.

(E) Even after the first month of an open permanency case, if resource parents desire to assist with caregiver-child family time, the division will continue to assess on a case-by-case basis the appropriateness of resource parent involvement for each foster care placement.

(12)(A) The division will assist the resource parents and approved relative and fictive kin volunteers and biological caregivers in establishing appropriate expectations and boundaries regarding communication and interaction (such as frequency and specific times the biological caregiver may call or visit the resource home).

(B) Any direct interaction between the biological caregivers and resource parents or approved relative and fictive kin volunteers in no way relieves the division of its duty to ensure the biological caregivers remain current on all aspects of their case and their children.

(1)(A) Sibling relationships are emotionally powerful and critically important not only in childhood, but over the course of a lifetime with sibling relationships likely to be the longest relationships most people experience.

(B) Siblings include those individuals who would be considered a sibling under state and tribal law if it were not for the disruption in parental rights, such as a termination of parental rights or death of a parent.

(2)(A) For children experiencing out-of-home placements, sibling relationships can provide a significant source of continuity, stability, and comfort while experiencing foster care.

(B) As such, when it is in the best interest of each of the children and barring extenuating circumstances, siblings are entitled to be placed together in out-of-home placements.

(3)(A) Siblings may be placed separately only if:

(i)(a) Allegations of abuse between siblings are under investigation or have been founded.

(b) An assessment must be conducted by a mental health professional within five (5) days of placing siblings in different placements due to the abuse allegations between the siblings that are under investigation or have been founded.

(c) The siblings may continue in the separated placements if the assessment by the mental health professional supports continuing the separated placements because placing the siblings together would be detrimental to the health, safety, or well-being of one (1) or more of the children as related to the abuse allegations or investigation findings;

(ii) An assessment by a mental health professional determines that placing the siblings together would be detrimental to the health, safety, or well-being of one (1) or more of the children; or

(iii) The division presents evidence to the court that there are no available placements that can take the entire sibling group.

(B) If children must be separated, the division will attempt to place them in close proximity to facilitate regular and meaningful contact.

(C) The division will ensure the reasons for the separation of siblings into different resource homes or other approved placements are regularly reassessed and targeted recruitment efforts continue to reunite the siblings.

(D) The family case plan must include when siblings will be reassessed to determine if they can be reunited at a later point in time.

(E) If the reassessment determines reunification is appropriate, the plan for reunifying siblings in one (1) placement will be documented in the family case plan as well.

(4)(A) In an effort to maintain sibling connections for those siblings who are placed separately, the siblings’ case will be reviewed by the court at least once every ninety (90) days to determine whether there have been reasonable efforts to reunite the siblings and to allow regular and meaningful contact between the siblings.

(B) If the court approves a paper review, the ninety-day court reviews of separated siblings may be satisfied by such a review and a hearing is not required.

(5)(A) In addition, siblings who must be placed separately will have consistent and meaningful contact at least weekly when possible.

(B) While face-to-face contacts in home-like settings or other family-friendly locations are preferred and encouraged, other forms of communication such as phone calls, emails, and FaceTime (or similar program) conversations are permissible, as age and developmentally appropriate, to meet the weekly contact requirement.

(C) However, siblings who are placed separately will have at least biweekly face-to-face sibling family time unless a supervisor grants a family time waiver.

(D) The plan for sibling family time and other contact will be outlined in the family case plan.

(E) Sibling family time or other forms of contact between siblings will not be withheld by the division or any placement provider as a behavioral consequence unless there are documented safety threats to one (1) or more of the siblings.

(6)(A) Siblings also have the right to remain actively involved in each other’s lives.

(B) Aside from regularly scheduled family time, the division, resource parents, approved relative and fictive kin volunteers, and other placement providers will work together to allow siblings to share celebrations including birthdays, holidays, graduations, and other meaningful milestones when possible.

(C) The division, resource parents, approved relative and fictive kin volunteers, and other placement providers will also collaborate to ensure siblings attend each other’s extracurricular events such as athletic events, musical performances, and faith-based events when reasonable and practical.

(7)(A) The division will ensure siblings are included in one another’s family case plan family team meeting decisions and permanency planning decisions as age and developmentally appropriate.

(B) Siblings will also be notified when another sibling has a change in placement or exits foster care as age and developmentally appropriate.

(C) When a sibling exits foster care, that sibling will be allowed, as appropriate, to maintain contact with a sibling who remains in an out-of-home placement.

(D) The division will also strive to help children experiencing foster care to maintain relationships with their siblings who are not experiencing out-of-home placements or who have been adopted or placed in permanent custody or guardianship.

(d) Contact with kin.

(1) In an effort to ensure foster care supports the permanency and well-being of the children in division custody, children may have an opportunity to have contact with noncustodial parents, grandparents, great-grandparents, other relatives, and fictive kin, provided the family time or contact is in the best interest of the children.

(2) It is the responsibility of the division to explore the willingness and appropriateness of identified relatives and fictive kin interested in being involved in the lives of children experiencing out-of-home placements.

(e) Contact after termination of parental rights.

(1) If it is in the child’s best interest, family time and contact with relatives may continue after termination of parental rights (TPR).

(2) Family time after TPR will continue until an adoptive placement is made or the permanency case is closed.

(3) The division will encourage adoptive parents to consider allowing contact between biological relatives and fictive kin with their adopted children, as appropriate.

(4) Continuation of family time and contact with relatives does not include the caregivers for whom the division has obtained TPR.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"01/2020" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-713 Parent-child contact for children in out-of-home placements {#sec-9-car-40-713 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-713}

Codification Notes: 9 CAR § 40-713, concerning parent-child contact for children in out-of-home placements, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-714 Sibling contact for children in out-of-home placements {#sec-9-car-40-714 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-714}

Codification Notes: 9 CAR § 40-714, concerning sibling contact for children in out-of-home placements, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-715 Other relative and fictive kin child contact in out-of-home placement {#sec-9-car-40-715 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-715}

Codification Notes: 9 CAR § 40-715, concerning other relative and fictive kin child contact in out-of-home placement, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-716 Initial and general health services for children receiving permanency services {#sec-9-car-40-716 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-716}

9 CAR § 40-716. Initial and general health services for children receiving permanency services.

(a)(1) The Division of Children and Family Services shall ensure that all necessary medical services are provided to children receiving permanency services in order to promote their optimal physical, mental, and emotional health and well-being.

(2) Resource parents will play an integral role in meeting the child’s daily health and well-being needs.

(b)(1) As the legal custodian for children experiencing out-of-home placements, the division has the right to obtain the medical records of any child upon presentation of an order of custody.

(2) In addition, the division has the right to obtain medical care for any child in division custody, including giving consent to specific medical, dental, or mental health treatments and procedures as required in the opinion of an authorized or licensed physician, dentist, surgeon, or psychologist, whether or not such care is provided on an emergency, inpatient, or outpatient basis.

(3) However, the division shall not make any of the following decisions without receiving express court approval:

(A) Consent to the removal of bodily organs, unless the procedure is necessary to save the life of the child;

(B) Consent to withhold life-saving treatments;

(D) Amputation of any body part.

(c)(1) An initial health screening will be held.

(2) If the initial screening indicates that treatment or further evaluation is needed, the division shall ensure that such treatment or evaluation is promptly provided.

(d)(1) A medical passport will be completed for each child in an out-of-home placement.

(2) The medical passport is a brief, readable, and current summary of the child’s health history and current health status for use by present and future caretakers of the child.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"08/2013" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-717 Initial health screening for children receiving out-of-home placement services {#sec-9-car-40-717 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-717}

Codification Notes: 9 CAR § 40-717, concerning an initial health screening for children receiving out-of-home placement services, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-718 Foster parent involvement in health care for children receiving out-of-home placement services {#sec-9-car-40-718 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-718}

Codification Notes: 9 CAR § 40-718, concerning foster parent involvement in health care for children receiving out-of-home placement services, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-719 Gathering and maintaining health records for children receiving out-of-home placement services {#sec-9-car-40-719 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-719}

Codification Notes: 9 CAR § 40-719, concerning gathering and maintaining health records for children receiving out-of-home placement services, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-720 Medical passport for children receiving out-of-home placement {#sec-9-car-40-720 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-720}

Codification Notes: 9 CAR § 40-720, concerning a medical passport for children receiving out-of-home placement, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-721 Comprehensive health assessment and health plan for children receiving permanency services {#sec-9-car-40-721 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-721}

9 CAR § 40-721. Comprehensive health assessment and health plan for children receiving permanency services.

(a)(1) A comprehensive health assessment of each child shall be completed.

(2) The assessment shall be conducted under the supervision of:

(A) A physician; and

(B) A qualified mental health practitioner.

(3) Whenever possible, the specialist, Health Services staff, family, and resource parents shall be involved in the assessment to ensure as much information about the child as possible is available to the examining professionals.

(b)(1) A written plan specifying any conditions requiring treatment, the recommended treatment, the schedule for treatment, the names of healthcare providers responsible for treatment, and the results of treatment as it occurs shall be completed and updated periodically.

(2) This plan shall be provided to the child’s biological caregiver and resource parents.

(3) The biological caregiver shall be:

(A) Informed about any medical treatment scheduled for their child; and

(B) Involved in and informed about their child’s health care.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"09/2008" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-722 Comprehensive health assessment and Arkansas Children’s Hospital {#sec-9-car-40-722 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-722}

Codification Notes: 9 CAR § 40-722, concerning a comprehensive health assessment and Arkansas Children's Hospital, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

Codification Notes: 9 CAR § 40-723, concerning a health plan for children receiving out-of-home placement services, consent for treatment, and life sustaining treatment, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-724 Periodic health reassessment of children receiving permanency services {#sec-9-car-40-724 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-724}

9 CAR § 40-724. Periodic health reassessment of children receiving permanency services.

Following the initial screening and comprehensive health assessment, the Division of Children and Family Services shall ensure that periodic medical, dental, mental health, vision, and hearing evaluations are conducted by qualified providers, according to the periodicity schedules approved by the Division of Medical Services.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"02/2010" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-725 Periodic health reassessment of children receiving out-of-home placement services {#sec-9-car-40-725 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-725}

Codification Notes: 9 CAR § 40-725, concerning a periodic health reassessment of children receiving out-of-home placement services, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-726 Case review judicial hearings for children experiencing foster care {#sec-9-car-40-726 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-726}

9 CAR § 40-726. Case review judicial hearings for children experiencing foster care.

(a) Adjudication and disposition hearings.

(1)(A) Following a probable cause hearing, an adjudication hearing shall be held to determine whether the allegations in a petition are substantiated by a preponderance of the evidence.

(B) The dependency-neglect adjudication hearing shall be held within thirty (30) days after the probable cause hearing under Arkansas Code § 9-27-315.

(C) On motion of the court and parties for good cause shown, it may be continued for no more than thirty (30) days following the first thirty (30) days (up to sixty (60) days after the probable cause hearing).

(D) However, if necessary and relevant evidence cannot be obtained in a timely manner the dependency-neglect adjudication hearing may be continued for up to an additional thirty (30) days (up to ninety (90) days after the probable cause hearing) upon motion of the court or any party.

(2)(A) In dependency-neglect cases, a written adjudication order shall be filed by the court within thirty (30) days of the date of the hearing or prior to the next hearing, whichever is sooner.

(B) The Office of Chief Counsel is responsible for drafting and filing court orders.

(D) A disposition determines what actions the Division of Children and Family Services will take in the case.

(3)(A) A judicial determination as to whether reasonable efforts were made or were not required to prevent removal must be made no later than sixty (60) days from the date the child is removed from the home.

(B) If a judicial determination concerning reasonable efforts to prevent removal is not made within the specified timeframe, the child will be ineligible for IV-E foster care maintenance payments for the duration of that stay in foster care.

(b) Six-month review hearings.

(1)(A) The court will review permanency cases no less than every six (6) months, including children experiencing foster care who are placed out-of-state.

(B)(i) The first six-month review shall be held no later than six (6) months from the date of the original out-of-home placement of the child.

(ii) However, the court may require a review prior to the sixth-month review hearing.

(C) In addition, at any time during the life of a permanency case, any party may request the court to review the case, and the party requesting the hearing shall provide reasonable notice to all parties.

(2)(A) At each sixth-month hearing the court will review the case sufficiently to determine the future status of the child based on the child’s best interest.

(B) The court shall determine and include in its orders the following:

(i) Whether the family case plan, services, and placement meet the needs and best interest of the child, with the child’s health, safety, and educational needs specifically addressed;

(ii) Whether the division has made reasonable efforts to provide family services;

(iii) Whether the family case plan is moving towards an appropriate permanency plan for the child, per Arkansas Code § 9-27-338; and

(iv) Whether the family time plan is appropriate for the child, the caregivers or any siblings, if separated.

(3)(A) The court may order any studies, evaluations, or post disposition reports, if needed.

(B) All such documents will be provided in writing to all parties and counsel at least two (2) days prior to the review hearing.

(4) In making its findings, the court shall consider the following:

(A) The extent of compliance with the family case plan, including but not limited to, a review of the division’s care for the health, safety, and education of the child while the child has been experiencing foster care;

(B) The extent of progress made toward alleviating or mitigating the causes necessitating the out-of-home placement;

(C) Whether the child should be returned to their caregivers and whether the child’s health and safety can be protected by their caregivers if returned home; and

(D) An appropriate permanency plan pursuant to Arkansas Code § 9-27-338 for the child, including concurrent planning (for example, adoption, legal guardianship, APPLA, as appropriate).

(5)(A) Pertaining to Title IV-E eligibility requirements, the judicial review is conducted by court review, not an administrative review process.

(B) During each six-month review, the court shall make determinations based upon the best interest of the child.

(1)(A) Each child experiencing foster care, including children placed out-of-state, shall have a permanency planning hearing (PPH) no later than twelve (12) months of the date the child is considered to have entered foster care and not less frequently than every twelve (12) months thereafter during the continuation of foster care.

(B) A child will be considered to have entered foster care on the earlier of:

(i) The date of the first judicial finding that the child has been subjected to child abuse or neglect; or

(ii) The date that is sixty (60) days after the date on which the child is removed from the home.

(2)(A) In-state and out-of-state options, including interstate placement, if appropriate, will be considered when making reasonable efforts to place the child in a timely manner in accordance with the permanency plan.

(B) Reasonable efforts will be made to complete the steps necessary to finalize the legal permanent placement of the child.

(C) If the child is in an out-of-state placement at the time of the hearing, the court will determine whether the placement continues to be appropriate and is in the best interest of the child.

(D) When the court determines that reasonable efforts to return the child home are not required, the court shall hold a permanency planning hearing within thirty (30) days of the determination to enter a new disposition in the case to determine the child’s future status.

(E) A permanency planning hearing shall also be held after a child has been in an out-of-home placement for fifteen (15) of the previous twenty-two (22) months, excluding the time spent while the child is on a trial home placement and runaway status.

(F) The permanency planning hearing will be conducted by the court, not by an administrative body.

(3)(A) When it becomes necessary to transfer a case to another venue, the court will contact the judge in the other venue to confirm that the transfer will be accepted.

(B) After confirmation has been received, the transferring judge will enter a transfer order with the time and date of the next hearing and the location of the court in the new venue.

(D) A copy of the order will be provided to all parties and attorneys to the case.

(E) The transferring court will copy and send all court records to the judge in the new venue.

(4)(A) The division must obtain a judicial determination that reasonable efforts were made to finalize the permanency plan for the child no later than twelve (12) months of the date the child entered foster care.

(B) If a child remains in an out-of-home placement after the initial permanency planning hearing, an annual permanency planning hearing shall be held to reassess the permanency goal selected for the child.

(C) If a judicial determination regarding reasonable efforts to finalize a permanency plan is not made, the child will be ineligible under Title IV-E from the end of the twelfth month following the date the child is considered to have entered foster care or the end of the twelfth month following the month in which the most recent judicial determination of reasonable efforts to finalize a permanency plan was made, and remains ineligible until such a judicial determination is made.

(5) Reasonable efforts to finalize an alternate permanency plan such as placing a child with a fit and willing relative or fictive kin for adoption or with a legal guardian, including identifying appropriate in-state and out-of-state placements, will be made concurrently with reasonable efforts to reunify the child and family.

(6) The PPH shall determine the permanency goal for the child that includes, listed in order of preference, in accordance with the best interest, health, and safety of the child:

(A) Placing custody of the child with a fit caregiver at the permanency planning hearing;

(B) Returning the child to the caregiver from whom the child was initially removed at the permanency planning hearing;

(i)(a) The caregiver is complying with the established family case plan and orders of the court, making significant progress toward achieving goals established in the family case plan and diligently working toward reunification or placement in the home of the caregiver.

(b) Regardless of when the effort was made, the court shall consider all evidence of an effort made by the caregiver to remedy the conditions that led to the removal of the children from the custody of the caregiver and give the evidence the appropriate weight and consideration in relation to the safety, health, and well-being of the children.

(c) The burden is on the caregiver to demonstrate genuine, sustainable investment in completing the requirements of the family case plan and following court orders in order to authorize a plan to return or be placed in the home as the permanency goal;

(ii) The caregiver is making significant and measurable progress toward remedying the conditions that:

(a) Caused the child’s removal from the home or the child’s continued removal from the home; or

(b) Prohibits placement of the child in the home of a caregiver; and

(iii) Placement of the child in the home of the caregiver shall occur within a time frame that is consistent with the child’s developmental needs but no later than three (3) months from the date of the PPH;

(D) Authorizing a plan to obtain a guardianship or adoption with a fit and willing relative;

(E)(i) Authorizing a plan for adoption with the division filing a petition for termination of parental rights, unless:

(a) The child is being cared for by a relative and the court finds that:

(1) Either:

(A) The relative has made a long-term commitment to the child and is willing to pursue guardianship or permanent custody of the child; or

(B) The child is being cared for by their minor parent who is experiencing foster care and TPR is not in the best interest of the child; and

(2) That termination of parental rights is not in the best interest of the child;

(b) The division has documented in the family case plan a compelling reason why filing a petition to terminate parental rights is not in the child’s best interest and the court approves the compelling reason as documented in the family case plan; or

(c) The division has not provided the family of the child with services, consistent with the time period in the family case plan, the services the division deemed necessary for the safe return of the child to the child’s home if reunification services were required to be made to the family.

(ii) Termination of parental rights.

(a)(1) At any time during the course of a case, the Department of Human Services, the attorney ad litem, or the court can request a hearing on whether or not reunification services should be terminated.

(2) The requesting party shall provide notice to the parties at least fourteen (14) calendar days before the hearing.

(3) The notice shall identify the grounds for recommending termination of reunification services in sufficient detail to put the family on notice.

(b)(1) The requesting party shall present the case.

(2) The court shall conduct and complete a hearing on a “no reunification services” request within fifty (50) days of the date of written notice to the defendants.

(3) However, upon good cause shown, the hearing may be continued for an additional twenty (20) days.

(c)(1) The court shall determine whether reunification services shall be terminated and enter an order of that determination.

(2) If the court determines that reunification services shall be terminated, the court shall hold a permanency planning hearing within thirty (30) days after the determination.

(3) If the court determines the permanency goal to be TPR, the division shall file a petition to terminate parental rights within thirty (30) days from the date of the entry of the order establishing such goal.

(4) The court shall conduct and complete a TPR hearing within ninety (90) days from the date the termination of parental rights petition is filed, unless continued for good cause.

(5) After an order of termination of parental rights is filed, the court shall review the case at least every six (6) months until permanency is achieved for the child.

(6)(A) A permanency hearing shall be held each year following the initial hearing until permanence is achieved.

(B) Refer to 9 CAR § 40-908.

(7) The court reviews continue, even if a case is on appeal.

(d) The court may terminate parental rights on one (1) parent and not the other parent if the court finds that it is in the best interest of the child.

(iii) Post-TPR family time.

(a) If it is in the child’s best interest, family time with siblings and with relatives may take place after TPR.

(b) Family time after TPR will continue until an adoption placement is made or the permanency case is closed.

(F) Legal guardianship.

(i) If the court grants legal guardianship no further services or periodic reviews are required.

(ii) If a legal guardianship supported by a subsidy is put in place, the division will conduct an annual review of the family’s and child’s circumstances and an annual report to the court will be filed;

(G) Permanent custody with a fit and willing relative. If the court grants permanent custody no further services or periodic reviews are required; and

(H) Independence (see definition in 9 CAR § 40-102, definitions), including another planned permanent living arrangement (APPLA).

(i)(a) In the case of a child who has attained sixteen (16) years of age, the permanency planning hearing will determine the services needed to assist the child to make the transition from foster care to successful adulthood.

(b) Independence shall be selected only if the division has documented to the circuit court a compelling reason for determining that it would not be in the best interest of the child to follow one (1) of the permanency plans above.

(ii) If the division concludes, after considering reunification, adoption, legal guardianship, or permanent placement with a fit and willing relative, that the most appropriate permanency plan for a child is placement in another planned permanent living arrangement, the division will document to the court the compelling reason for the alternate plan.

(7) The division may seek the services of the Federal Parent Locator Service to search for absent parents at any point in order to facilitate a permanency plan.

(d) Notification of hearings and reviews.

(1)(A) The division shall provide the foster parent or parents of a child, and any preadoptive parent or relative providing care for the child with timely notice of, and the right to be heard in, permanency planning hearings and six-month periodic reviews held with respect to the child during the time the child is in the care of such resource parent, preadoptive parent, or relative caregiver.

(B) Notice of, and the right to be heard, does not include the right to standing as a party to the case.

(2)(A) In any permanency planning hearing, including any hearing regarding the transition of the child from foster care to transitional living, procedural safeguards shall be applied to ensure the court or administrative body conducting the hearing consults with age-appropriate children regarding the proposed permanency or transition plans.

(B) The hearing shall also address procedural safeguards with respect to parental rights pertaining to the removal of the child from the home of their caregiver, to a change in the child’s placement, and to any determination affecting family time privileges of caregivers.

(3) Judicial determinations regarding “contrary to the welfare”, reasonable efforts to prevent removal, and reasonable efforts to finalize the permanency plan in effect, including judicial determinations that reasonable efforts are not required, must be explicitly documented and made on a case-by-case basis and so stated in the court order.

(4) Reasonable efforts are not required to reunify the child and family if:

(A) The court has determined that the biological caregiver has subjected the child to aggravated circumstances (see 9 CAR § 40-102, definitions);

(B) The court has determined that the caregiver has committed:

(i) Murder of any child;

(ii) Manslaughter of any child;

(iii) Aiding or abetting, attempting, conspiring, or soliciting to commit such a murder or such a manslaughter;

(iv) A felony battery that results in serious bodily injury to any child;

(v) Abandoned an infant as defined by Arkansas Code § 9-27-303; or

(vi) Registered with a sex offender registry under the Adam Walsh Protection and Safety Act of 2006, Pub. L. No. 109-248; and

(5) If reasonable efforts and “contrary to the welfare” judicial determinations are not included as required in the court orders, a transcript of the court proceedings is the only other documentation acceptable to verify that the required determinations have been made.

(6) Neither affidavits nor nunc pro tunc orders will be acceptable as verification documentation in support of reasonable efforts and “contrary to the welfare” judicial determinations.

(7) Court orders that reference state law to substantiate judicial determinations are not acceptable, even if state law provides that removal must be based on a judicial determination that remaining in the home would be contrary to the child’s welfare or that removal can only be ordered after reasonable efforts have been made.

(8)(A) At any hearing in which the division is ordered by the court to provide services for a family, the court shall provide the division with the opportunity to be heard.

(B) When the division is not a party to the case, failure by the court to provide at least five (5) business days’ notice to the division renders any part of the order pertaining to the division void.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"01/2020" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-727 Procedure — Case review judicial hearings for children in out-of-home placements {#sec-9-car-40-727 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-727}

Codification Notes: 9 CAR § 40-727, concerning the procedure for case review judicial hearings for children in out-of-home placements, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-728 Interstate Compact on the Placement of Children {#sec-9-car-40-728 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-728}

9 CAR § 40-728. Interstate Compact on the Placement of Children.

(a)(1) The Interstate Compact on the Placement of Children (ICPC), Arkansas Code § 9-29-201 et seq., is used to move children in need of a foster or preadoptive placement, adoption across state lines, or reunification with parents in an orderly and timely manner.

(2) A child experiencing foster care is defined as a child who has been removed from the home of their parent, guardian, or custodian by a court of competent jurisdiction and whose custody has been placed with a private or public agency.

(3) Foster care shall not include placement in a residential facility by a parent if a child welfare agency or court is not involved with the parent or child through an open case or investigation.

(b)(1) When a child requires placement for foster care or a possible adoption outside the resident state, the Division of Children and Family Services shall use the ICPC process.

(2) The division will ensure all potential out-of-state relative placements are given the same opportunity as in-state relative placements to become resource homes.

(3) Homes of relatives approved under the articles of ICPC will be considered approved resource homes.

(4) Unless authorized by the ICPC, all communications with other states regarding approval of placement, progress reports, disruption of placement, or termination of the ICPC case should process through the Arkansas ICPC Central Office to the ICPC liaisons.

(c) For the most up-to-date information regarding ICPC articles and regulations, go to https://aphsa.org/AAICPC/default.aspx.

(d) The ICPC process ensures:

(1) Proper extensions of authority into the receiving state;

(2) The sending agency can obtain home studies for proposed placements, is identified as legally and financially responsible, and does not lose jurisdiction once the child leaves the sending state;

(3) The receiving agency can determine the placement is not “contrary to the child’s interests” and that all applicable laws and policies have been followed;

(4) Supervision is maintained out-of-state and the sending agency receives progress reports;

(5) Maximum opportunity for each child to be suitably placed;

(6) Proper information to authorities in the receiving state; and

(7) Effective utilization of cross-jurisdictional resources to facilitate timely foster, adoptive, or permanent placements.

(e) Children placed out-of-state are to go through ICPC when one (1) of the following placements occurs:

(1) Foster care placements;

(2) Preadoptive placements;

(3) Adoptive placements; or

(4) Parent, other relative, or nonagency guardian placements.

(f)(1) If guardianship is established as a prelude to a nonrelative adoption, the guardian shall comply with this compact.

(2) If in doubt, request clarification from the Arkansas Interstate Compact Unit in Central Office.

(3) Types of placements that are not covered by ICPC include:

(A) Divorce or custody investigations involving home studies;

(B) Placement of a probationer, parolee, or aftercare juvenile;

(D) Placement into a primarily educational institution;

(E)(i) Runaways from Arkansas to another state or to Arkansas from another state.

(ii) See 9 CAR § 40-742 about other compacts;

(F) Kidnapped children transported out-of-state;

(G) Visits that do not extend beyond thirty (30) days and are not preplacement visits; and

(H) Placement outside the resident state when custody will be transferred to that person.

(g)(1) Division staff should not directly contact the ICPC offices in other states, but should direct their communication to the ICPC liaisons in their area.

(2) Liaisons will then communicate with Central Office.

(3) Interstate communication between field staff from the involved states is discouraged, except for the routine sharing of information, which is not related to case approval, progress reports, disruption, or termination of placement.

(4) The juvenile division of circuit court shall retain jurisdiction to issue orders of adoption when a child is placed outside the State of Arkansas.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"08/2013" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-729 Responsibilities of the sending state {#sec-9-car-40-729 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-729}

9 CAR § 40-729. Responsibilities of the sending state.

The sending party will:

(1)(A) Provide proper notice of the intent to place using the ICPC-100A: ICPC Request and receive authorization from the receiving state prior to the placement.

(B) The 100A must clearly indicate the Division of Children and Family Services is the sending party;

(2) Document in the case file and ICPC packet that potential out-of-state relative placements were offered the option of becoming a paid resource home;

(3)(A) Work with the receiving parties to arrange the placement details (for example, childcare payment, type of monitoring, frequency of supervisory reports, and transportation) after approval is given.

(B) The sending state shall not recommend that custody be given to the placement resource without completion of at least six (6) months of supervision and concurrence of the receiving state.

(C) Failure to comply with these requirements violates the terms under which the receiving state originally gave placement approval.

(D) This could result in the child and placement resource being without essential medical coverage and a request for the child to be returned to the sending state;

(4)(A) Provide additional information when requested by the receiving state to ensure the placement is not “contrary to the interests of the child”.

(B) Any such report from another state, Indian tribe, or private agency under contract with the receiving state, shall meet all requirements imposed by the sending state for the completion of the home study before placing the child in the home.

(C) This will be done unless, within fourteen (14) days after receipt of the report, the sending state determines based on specific grounds in the report that making a decision based on the report would be contrary to the welfare of the child;

(5) Notify the receiving state of the placement date and any change in the child’s status by using the ICPC-100B: Report on Child’s Placement Status;

(6) Retain jurisdiction over the child sufficient to determine all matters of custody, supervision, care, and disposition of the child until the child is adopted, reaches majority, becomes self-supporting, or is discharged with concurrence of the appropriate authority in the receiving state;

(7)(A) Retain planning and financial responsibility for the duration of the placement and indicate this responsibility on the ICPC-100A.

(B) The one (1) exception comes under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), Pub. L. No. 99-272, requiring that children under Title IV-E adoption assistance agreements and those receiving Title IV-E foster care payments will be granted Medicaid coverage in their current resident state.

(8) Return the child to the sending state at the request of the receiving state.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"09/2011" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-730 Responsibilities of the receiving state {#sec-9-car-40-730 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-730}

9 CAR § 40-730. Responsibilities of the receiving state.

Within sixty (60) days after receiving a request for a home study from another state, the receiving state will directly or by contract:

(1) Assess and monitor the placement to ensure compliance with applicable laws and policies of the receiving state, and that the placement is “not contrary to the interests of the child”;

(2)(A) Notify the sending state in writing whether the placement is appropriate and in the best interest of the child.

(B) The receiving state is not required to complete those parts of the home study within the designated time period that involve the education and training of the prospective resource or adoptive parents;

(3) Supervise the placement and provide or arrange for necessary services after the child is placed and the ICPC-100B is received;

(4)(A) Submit quarterly progress reports to the sending party.

(B) More frequent reports may be submitted on request; and

(5) Honor and enforce lawful orders of the court of jurisdiction of the sending state unless it conflicts with Arkansas policies or laws.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"08/2010" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-731 Placing Arkansas children in another state and requesting out-of-state home studies {#sec-9-car-40-731 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-731}

Codification Notes: 9 CAR § 40-731, concerning placing Arkansas children in another state and requesting out-of-state home studies, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-732 Children entering Arkansas for placement {#sec-9-car-40-732 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-732}

9 CAR § 40-732. Children entering Arkansas for placement.

(a) Services to children should not begin without a completed home study packet, placement approval (ICPC-100A) from the receiving state’s ICPC office and receipt of placement notification (ICPC-100B) from the sending state’s ICPC office.

(b) Requests from sending state should include the same information as described in the interstate placement packet and outlined in 9 CAR § 40-733 [repealed].

(c) Contact the Arkansas ICPC Central Office if additional information is needed from the sending state to initiate services.

(d) Supervision of a placement will not begin until the receiving state obtains ICPC-100B.

History

Codification Notes: 9 CAR § 40-733, concerning the completion of a home study packet, was repealed by Ark. R. 2026-74 (eff. July 1, 2026). Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-733 Completion of home study packet {#sec-9-car-40-733 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-733}

Codification Notes: 9 CAR § 40-733, concerning completion of a home study packet, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-734 Routing of home study packet {#sec-9-car-40-734 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-734}

Codification Notes: 9 CAR § 40-734, concerning routing of a home study packet, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-735 Follow-up, routing, and monitoring {#sec-9-car-40-735 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-735}

Codification Notes: 9 CAR § 40-735, concerning follow-up, routing, and monitoring, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-736 Travel procedures for children receiving out-of-home placement services {#sec-9-car-40-736 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-736}

Codification Notes: 9 CAR § 40-736, concerning travel procedures for children receiving out-of-home placement services, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-737. Travel not related to the Interstate Compact on the Placement of Children.

(a)(1) Children experiencing foster care may have the opportunity or need to travel for reasons not related to ICPC.

(2) These may include but are not limited to:

(A) Vacationing with their resource family;

(B) An out-of-state visit with a family member; or

(3) Any travel that promotes a sense of normalcy or connection for children in foster care is encouraged, as appropriate for a particular child and in accordance with the reasonable and prudent parent standard (see 9 CAR § 40-814 for more information).

(b)(1) An out-of-state visit is thirty (30) days or less and is not subject to ICPC.

(2) However, if it is greater than thirty (30) days, it is a placement, which is subject to ICPC.

(c)(1) Because the division is the appointed custodian of a child experiencing foster care, the division has the right to consent to the child’s travel on vacation or similar trips as per Arkansas Code § 9-27-353(e).

(2) As such, resource parents must have prior written authorization to transport children in foster care for an overnight stay outside the State of Arkansas.

(3) Such requests will be made to the Social Service Specialist as soon as travel planning begins, and at a minimum of two (2) weeks prior to scheduled travel dates, if possible.

(d) Resource parents will not have to submit a request for out-of-state travel in order to cross the state border when travel plans do not require an overnight stay outside the State of Arkansas, such as shopping or visiting with a relative in a nearby town over state lines.

(e)(1) When vacationing as a family, resource parents are encouraged to take any children placed in their home with them.

(2) However, the division will not pay for vacation expenses.

(3) As noted above, travel out of state involving an overnight stay or more requires prior written authorization.

(f) For children placed out-of-state by an Arkansas court and who are not in division custody as the result of a dependency-neglect or dependency case, the sending party is responsible for arranging transportation rather than the division.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"05/2022" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-738 Progress reports {#sec-9-car-40-738 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-738}

9 CAR § 40-738. Progress reports.

The receiving state must:

(1) Send quarterly progress reports every three (3) months unless otherwise stated on the ICPC-100A;

(2) Mail progress reports to ICPC Central Office for forwarding to the sending state; and

(3) Enter the progress reports in the child’s case record in the division information management system.

History

History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-739 Termination of Interstate Compact on the Placement of Children cases {#sec-9-car-40-739 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-739}

9 CAR § 40-739. Termination of Interstate Compact on the Placement of Children cases.

(a)(1) An interstate compact placement can only be terminated with the concurrence of the receiving state ICPC Office.

(2) Reasons for terminating an ICPC placement include the following reasons:

(A) Adoption finalized;

(B) Child reaches age of majority;

(D) Legal custody returned to parents or given to relative with a court order;

(E) Treatment completed;

(F) Sending state’s jurisdiction terminated with the concurrence of the receiving state;

(G) Unilateral termination;

(H) Child returned to sending state;

(I) Child has moved to another state proposed placement request withdrawn; and

(J) Approved resource will not be used for placement.

(b) The Division of Children and Family Services will complete ICPC-100B indicating termination reason and route it to the ICPC Central Office for forwarding to the receiving state.

(c) The Arkansas ICPC Central Office will send the ICPC-100B to the sending or receiving state’s ICPC office to notify them of the closure of the ICPC case.

(d) The sending state is responsible for the original submission of both the ICPC-100A and 100B.

History

History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-740 Exceptions to policy {#sec-9-car-40-740 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-740}

9 CAR § 40-740. Exceptions to policy.

(a) Items and services not specified in this policy must have prior approval of the Interstate Compact Administrator or Deputy Administrator.

(b) The Area ICPC Liaison, with the approval of the Area Manager, will:

(1) Write a memo to the Interstate Compact Administrator to fully explain the situation; and

(2) Request that exceptions to policy be made.

(1) Review the request; and

(2) Inform the Area ICPC Liaison of the decision.

History

History: Ark. R. 2026-74 (eff. July 1, 2026) Authority: Arkansas Code § 20-76-201

9 CAR § 40-741 Request for an Interstate Compact on the Placement of Children Priority Placement Regulation No 7 {#sec-9-car-40-741 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-741}

9 CAR § 40-741. Request for an Interstate Compact on the Placement of Children Priority Placement Regulation No. 7.

(a) A priority placement is when a court, upon request or on its own motion, or where court approval is required, determines that a proposed priority placement of a child from one (1) state into another state is necessary because placement is with a relative, and:

(1) The child is under four (4) years of age, including other siblings sought to be placed with the same proposed placement;

(2) The child is in an emergency placement;

(3) The court finds that the child has a substantial relationship with the proposed placement resource; and

(4) An unexpected dependency due to a sudden or recent incarceration, incapacitation, or death of a parent or guardian has occurred.

(b)(1) The receiving state agency has thirty (30) days to complete a request for a priority placement.

(2) Requests for placement shall not be expedited or given priority except as outlined below.

(3) A request for a priority placement will be implemented as follows:

(A) The court shall send its order to the Division of Children and Family Services within two (2) business days;

(B) The order shall include:

(i) The child’s name, address, and phone number;

(ii) The fax number of the judge and the court, if available;

(iii) The sending party will send the following to the state’s ICPC Central Office via overnight mail, or fax, within three (3) business days;

(iv) The signed court order (the court order must specify how the case qualifies as Regulation No. 7);

(v) A completed ICPC-100A: ICPC Request; and

(vi) Supporting documentation according to policy;

(C) Within two (2) business days after the receipt of the ICPC priority placement request, the sending state’s ICPC office will overnight mail the priority request and its supporting documentation to the receiving state’s ICPC office with a notice that the request for placement is entitled to priority processing;

(D)(i) The receiving state ICPC office shall send all the documents to the receiving state’s local office within two (2) days.

(ii) The receiving state’s local office has twenty (20) business days to send a determination back to the receiving state’s ICPC office;

(E)(i) The receiving ICPC office has two (2) days to overnight mail the determination to the sending state’s ICPC office.

(ii) The sending state ICPC office has two (2) days, through overnight mail, to send the determination to the local office; and

(F) The foregoing shall not apply if:

(i) Within two (2) business days of receipt of the ICPC priority placement request, the sending state compact administrator:

(a) Determines that the ICPC request documentation is substantially insufficient;

(b) Specifies that additional information is needed; and

(ii)(a) Within two (2) business days of receipt of the ICPC priority placement request, the receiving state Compact Administrator notifies the sending state Compact Administrator that further information is necessary.

(b) Such notice shall specifically detail the information needed.

(c) For such a case in which either of the two (2) preceding points apply, the twenty-business-day period for the receiving state Compact Administrator to complete action shall be calculated from the date of the receipt by the receiving state Compact Administrator of the additional information requested.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"08/2013" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-742 Juvenile, mental health, and adoption and medical assistance compacts {#sec-9-car-40-742 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-742}

9 CAR § 40-742. Juvenile, mental health, and adoption and medical assistance compacts.

In addition to the ICPC, three (3) other interstate compacts were enacted to coordinate the interstate placements of children and juveniles as follows:

(1)(A) The Interstate Compact for Juveniles, Arkansas Code § 9-29-401.

(B) This compact is designed to serve those youth needing an out-of-state placement who have been adjudicated delinquent and who have been placed on probation or parole.

(D) This includes foster youth who run away and are located out-of-state.

(E) The Interstate Compact for Juveniles is administered by the Division of Youth Services;

(2)(A) The Interstate Compact on Mental Health, Arkansas Code § 20-50-101 et seq.

(B) This compact is designed to facilitate the transfer of resident patients (both children and adults) from a state-operated mental health facility in one (1) state to a similar state-operated facility in another state.

(3)(A) The Interstate Compact on Adoption and Medical Assistance, Arkansas Code § 9-29-301.

(B) This compact is for adoption assistance for IV-E eligible children who are under an adoption subsidy agreement.

(C) The Adoption Specialist should notify the Adoption Subsidy Coordinator as soon as it is known that an adoptive family and child are moving out of state or has moved.

(D) The Adoption Subsidy Coordinator will send information to the new state of residence and to the adoptive parents advising them to contact the local Medicaid office in their new state of residence.

(E) This contact will be for the purpose of getting medical benefits for their child in the new state of residence.

History

History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-743 Interference with custody {#sec-9-car-40-743 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-743}

9 CAR § 40-743. Interference with custody.

(a) Interference with custody is committed when a person:

(1) Knowingly and without lawful authority takes, entices, or keeps a minor away from any person entitled by court order or decree to the right of custody of the minor;

(2) Accepts physical custody (for any length of time) of a minor who was removed from their custody or has care, supervision, or custody of a minor removed from their custody pursuant to or arising from a dependency-neglect action;

(3) Who has been awarded custody or granted adoption or guardianship of a minor places the minor in the care of any person from whom the minor was removed or any person whom the court has ordered not to have care, supervision, or custody of the minor; or

(4) Knowingly and without lawful authority takes, entices, or keeps, or aids, abets, hires, or otherwise procures another person to take or entice any minor from the custody of any:

(A) Parent or guardian of the minor, including an unmarried woman with legal custody of an illegitimate child;

(B) Public agency with lawful charge of the minor;

(D) Any other lawful custodian.

(b)(1) Prior to serving a warrant for arrest on a person charged with interference with custody, law enforcement will inform the Division of Children and Family Services of the circumstances of any minor involved.

(2) The division will provide a representative, upon request, to accompany the arresting officer to take the minor into temporary custody pending further court proceedings.

(c)(1) A court of competent jurisdiction will determine the immediate custodial placement of the minor pursuant to the division’s petition.

(2) The court will give immediate custodial placement to the lawful custodian if that person is present before the court.

(3) The court will determine if there is probable cause that the minor may be:

(A) Removed from the jurisdiction of the court;

(B) Abandoned; or

(d) The division will provide the lawful custodian of a minor notice of any hearing to be held regarding the minor.

(e) The division is immune from liability with respect to any actions undertaken involving interference with custody, unless it is determined that the division acted with malice.

History

History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-744 Interference with custody {#sec-9-car-40-744 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-744}

Codification Notes: 9 CAR § 40-744, concerning interference with custody, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-745 Trust accounts for children in foster care {#sec-9-car-40-745 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-745}

9 CAR § 40-745. Trust accounts for children in foster care.

(a)(1) The Division of Children and Family Services, maintains trust accounts for children experiencing foster care who receive:

(A) Supplemental Security Insurance (SSI);

(B) Social Security Administration Title II benefits;

(D) Veterans benefits (VA);

(E) Railroad benefits (RR); or

(F) Worker’s compensation.

(2) With the exception of Social Security Administration Title II benefits, these benefits will automatically be used to pay for the child’s foster care expenses, which include the monthly board payments and contract payments.

(3) The division may apply to become the payee for benefits collected when no other appropriate representative payee is available.

(b)(1) The division must monitor accounting for all children experiencing foster care to protect against duplicated funding or other errors.

(2) Monetary payment to resource parents through the division board payment may be adjusted based on the amount of benefits a resource parent receives directly for a child experiencing foster care.

(3) For details, review 9 CAR § 40-831, financial support to resource parents.

(c)(1) The division must ensure that potential changes in payee are assessed when a child receiving benefits initially enters foster care.

(2) The IV-E Medicaid Eligibility Unit will screen all the division clients for potential SSI and SSA eligibility, based on information reported on the SSI screening questionnaire completed by the division field staff, and make applications for those who may meet Social Security Administration criteria.

(3) Ultimately, the authorizing agency of the benefits is the decision-making entity regarding payees for SSA and SSI benefits.

(d)(1) The child’s trust fund account must not exceed resource limits, to maintain eligibility for Medicaid and Title IV-E.

(2) The division will coordinate the monitoring of trust fund accounts with the Office of Finance, IV-E Medicaid Eligibility Unit, and other pertinent agencies to ensure the timely and efficient management of these accounts.

(3) Resource limits are:

(A) Two-thousand dollars ($2,000) for Non-IV-E Foster Care Medicaid (category ninety-one (91));

(B) Two-thousand dollars ($2,000) for Foster Care EC Medicaid (category ninety-six (96)), DDS Waiver Medicaid, Foster Care Spend Down Medicaid (category ninety-seven (97)), and Supplemental Security Income (SSI category forty-five (45)), Long-Term Care Medicaid; and

(e)(1) Authorized uses of different funds vary according to their sources.

(2) However, any expenditure from a child’s trust account (in foster care) must be for the direct care or needs of the child in receipt of the income.

(3) Funds cannot be used for siblings, caregivers, or other individuals in the initial removal home.

(4) Authorized uses are as follows:

(A) Income in a regular account has no restrictions, but spending must be appropriately prioritized according to the child’s needs and disability; and

(B) SSI Income in a dedicated account may be used for the following with approval from the Social Security Administration:

(i) Medical treatment;

(ii) Education;

(iii) Job skills training; or

(iv) If they pertain to an impairment:

(a) Personal needs assistance;

(b) Housing modifications;

(d) Therapy or rehabilitation; or

(e) Other items or services if approved by the Social Security Administration.

(f)(1) When the division Eligibility Unit places a hold for funds on a trust account for a purchase for the youth, those funds will not be held for more than sixty (60) days.

(2) After sixty (60) days, the held funds will be released for other account uses unless an extension is requested and approved.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"06/2022" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-746 Educational services for children experiencing foster care {#sec-9-car-40-746 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-746}

9 CAR § 40-746. Educational services for children experiencing foster care.

(a) Educational continuity and responsibilities.

(1)(A) All decisions regarding the education of children in foster care will be based on the best interest of the individual child.

(B) To ensure the continuity of education for children in foster care, the Division of Children and Family Services shall work collaboratively with:

(i) Educators;

(ii) School foster care liaisons;

(iii) Other divisions of the Department of Human Services;

(iv) The Department of Education;

(v) The circuit courts,

(vi) Providers of services to children experiencing foster care;

(vii) CASA;

(viii) Caregivers;

(ix) Guardians; and

(x) Any person appointed by the court.

(2)(A) The Division of Children and Family Services shall consider the continuity of educational services and school stability when making placement decisions.

(B) As such, the Division of Children and Family Services will make every attempt to maintain the child’s enrollment in the school he or she attended prior to placement into foster care and in any subsequent placement moves while experiencing foster care.

(C) To this end, the Division of Children and Family Services shall coordinate transportation issues with the local school district and provide other assistance that is reasonable and practical.

(3)(A) When it is in their best interest, children experiencing foster care shall be moved in a timely manner to a new school.

(B) Except in the case of an emergency, prior to making a recommendation to move a child experiencing foster care from their current school, the Division of Children and Family Services shall provide a written explanation to the following:

(i) The child experiencing foster care;

(ii) The child’s attorney ad litem;

(iii) The CASA, if appointed; and

(iv) Caregivers and any persons appointed by the court.

(4)(A) To ensure that children in the custody of the Division of Children and Family Services receive a quality education, it is the Division of Children and Family Services’ policy to enroll children experiencing foster care only in schools accredited by the Department of Education.

(B) This requirement also applies to children placed in residential facilities.

(5)(A) It is the responsibility of the Division of Children and Family Services to ensure that children experiencing foster care are afforded educational opportunities, including academic resources, services, and extracurricular enrichment activities in order to help each child experiencing foster care achieve their full potential.

(B) Children experiencing foster care shall be held to the same academic achievement standards to which all children are held and be placed in the least restrictive educational placement.

(C) The local county office should be aware of educational resources in the community and across the state so that staff may access these resources for children experiencing foster care.

(6) School districts are required to:

(A) Allow the child to remain in their current school unless the court finds that doing so is a conflict with other laws (not residency);

(B) Work out a transportation plan that will allow the child to remain in their current school, to the extent reasonable and practical;

(D) Accept credit coursework when the child satisfactorily completes the appropriate education placement assessment;

(E) Refrain from lowering the grades of a child experiencing foster care because of:

(i) A change in school;

(ii) Absence due to attendance at court-ordered treatment or counseling; and

(iii) Absence due to attendance at dependency-neglect proceedings; and

(F) Immediately enroll any child that has been moved to their district, even if the child does not have their school uniform, school records, or immunization records.

(7) Schooling options.

(A) Children experiencing foster care shall attend public schools.

(B) However, the Director of the Division of Children and Family Services may grant an educational waiver allowing a child to be placed in a nonpublic school, including a private, parochial, or home school if it is in the best interest of the child.

(D) A child experiencing foster care may receive home-bound instruction as part of their individualized education program (IEP).

(E) Home schooling and home-bound instruction are two (2) different programs.

(F) Home-bound instruction is a planned, time-limited program that is established and provided by the child’s school.

(8) If a child is incapable of attending school on a full-time basis due to the medical condition of the child, the reason for which the child is deemed incapable of attending school must be certified by a medical professional and be supported by regularly updated information in the family case plan of the child.

(9)(A) If a child experiencing foster care is currently enrolled in a “school improvement” school as determined by the Department of Education the child’s case can be staffed to assess the child’s progress at that school.

(B) If the child is progressing at the current school he or she can remain at that school, or the child can transfer to another school if it is in the child’s best interest to do so.

(C) The Education Program Manager will review the Department of Education website quarterly to determine the “school improvement” schools and notify the appropriate Social Service County Manager of the information.

(10) Each public education agency would be expected to ensure that the rights of a child are protected if:

(A) No caregiver can be identified;

(B) The public agency, after reasonable efforts, cannot discover the whereabouts of caregiver; or

(11) If the court transfers custody of a child to the Division of Children and Family Services, the court shall issue an order containing determinations on whether the child’s caregiver may:

(A) Have access to the child’s school records;

(B) Obtain information on the child’s current placement, including the name and address of the resource parents or provider; and

(b) Surrogate parent provisions for IDEA.

(1)(A) If custody of a child is transferred to the Division of Children and Family Services, the court may also appoint an individual to consent to an initial evaluation of the child and serve as the child’s surrogate parent under Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq., as in effect on February 1, 2007.

(B) If the court orders that the child’s caregivers shall have no involvement in the child’s educational planning, the Division of Children and Family Services shall ask the child’s resource parent or appropriate biological relative to act as the surrogate parent.

(C) If the child’s caregiver is a partner in planning and overseeing the child’s education as a member of the IEP team, a surrogate parent is not necessary.

(D) The child’s caregiver, if permitted by the court to participate, may request that a family member or the resource parent act as the surrogate parent.

(E) The appointed family member or resource parent will not be required to undergo surrogate parent training and will be discharged once the child’s caregiver is ready to resume involvement.

(F) If the family member or resource parent has not received surrogate parent training and would like to, the Local Education Agency (LEA) Special Education Supervisor or designee can assist in coordinating the surrogate parent training for the resource parent.

(2)(A) If the Division of Children and Family Services is unable to locate the child’s caregiver, the caregivers are not involved in the case, or the caregivers’ rights have been terminated, the Division of Children and Family Services shall request that the child’s resource parent be assigned as the surrogate parent, if appropriate.

(B) If the resource parent has not received surrogate parent training, and would like to, the LEA Special Education Supervisor or designee can assist in coordinating the surrogate parent training for the resource parent.

(3) Transition planning is a required component of the Individualized Education Program (IEP) for children sixteen (16) years of age and older.

(4) Children experiencing foster care special education needs.

(A) Due to the special education needs of many children who experience foster care, it is necessary to assess and identify educational needs early in the casework process.

(B) A comprehensive health assessment must be completed on each child experiencing foster care within sixty (60) calendar days of removal from home (see 9 CAR § 40-721, comprehensive health assessment and health plan, for children receiving out-of-home placement services).

(C) The comprehensive health assessment includes assessments of cognition, achievement, speech development, language development, hearing, vision, medical, emotional, and behavioral development which can be used by the child’s school in the process of determining the child’s need for services.

(D) The University of Arkansas for Medical Sciences Project for Adolescent and Child Evaluation (UAMS PACE) program is responsible for conducting the comprehensive health assessments and will make recommendations concerning the child’s educational needs and referrals for special education services.

(5)(A) The Individuals with Disabilities Education Act (IDEA) states that the Department of Education ensures that all children with disabilities three (3) years of age to twenty-one (21) years of age residing in the state have the right to and availability of a free appropriate public education including children with disabilities who have been suspended or expelled from school.

(B) Free appropriate public education (FAPE) also requires that the services provided to a child with disabilities under this part must address all of the child’s identified special education and related service needs.

(C) The services and the change of placement needed by each child with a disability to receive FAPE must be based on the child’s unique needs and not on the child’s disability.

(D) Each public education agency shall implement child-find requirements to identify, locate, and evaluate all children with disabilities.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"04/2012" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-747 Educational services {#sec-9-car-40-747 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-747}

Codification Notes: 9 CAR § 40-747, concerning educational services, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-748 Special education needs service delivery process {#sec-9-car-40-748 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-748}

Codification Notes: 9 CAR § 40-748, concerning the special education needs service delivery process, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-749 Mental health services for children experiencing foster care {#sec-9-car-40-749 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-749}

9 CAR § 40-749. Mental health services for children experiencing foster care.

(a)(1) The Division of Children and Family Services is dedicated to ensuring that all children experiencing foster care receive a full range of healthcare services including mental health services, assessment, and treatment.

(2) All children three to eighteen (3-18) years of age will be referred to a community mental health center (CMHC) within five (5) days of entry into foster care.

(3) Children under three (3) years of age will be referred for mental health services if the need is identified by a physician during the initial comprehensive health assessment or by the Division of Children and Family Services, caregiver, resource parent, or other involved party.

(b) Urgent (requiring immediate action) or emergent (appearing for the first time) mental health treatment needs, identified by the primary care physician (PCP), during the initial health screening (within twenty-four to seventy-two (24-72) hours of entering foster care), shall be referred immediately by the division to a CMHC.

(c)(1) Because mental health issues may appear at any time during foster care, the Division of Children and Family Services will refer a child for mental health services at any time deemed appropriate during the child’s foster care experience, and immediately, whenever a traumatic event takes place in the life of a child experiencing foster care.

(2) Mental health services include outpatient treatment, inpatient psychiatric residential treatment, and inpatient acute psychiatric treatment (see 9 CAR § 40-755 for a listing of mental health terms).

(d)(1) If a child or their family members are already receiving mental health services upon entry into foster care, the division will promote continuity of care by continuing clinically indicated mental health services.

(2) The Division of Children and Family Services should encourage cooperation and coordination among service providers as well as encourage the PCP to refer without delay.

(3) While collaboration is essential to promote the best interest of the child, the Division of Children and Family Services retains ultimate family case planning and management responsibility for placement and permanency issues.

(4) The Division of Children and Family Services will make every effort to expedite access to appropriate documents from previous treatment as this is critical to obtaining authorization of services from the Division of Medical Services (DMS Medicaid), as well as the quality and timeliness of services.

(e)(1) The Division of Children and Family Services values close family participation in decision making.

(2) Therefore, when a child’s permanency goal is reunification, the Division of Children and Family Services will ensure that the caregivers are involved in their child’s treatment, unless such involvement is not in the child’s best interest.

(3) The mental health provider, in collaboration with the Division of Children and Family Services, will determine if it is appropriate for the family to participate in the child’s treatment.

(4) Additionally, the Division of Children and Family Services will seek to fully engage the resource parents in the child’s treatment.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"11/2011" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-750 Outpatient mental health services {#sec-9-car-40-750 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-750}

Codification Notes: 9 CAR § 40-750, concerning outpatient mental health services, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-751 Inpatient psychiatric residential treatment {#sec-9-car-40-751 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-751}

Codification Notes: 9 CAR § 40-751, concerning inpatient psychiatric residential treatment, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-752 Inpatient acute psychiatric treatment {#sec-9-car-40-752 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-752}

Codification Notes: 9 CAR § 40-752, concerning inpatient acute psychiatric treatment, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-753 Ongoing treatment {#sec-9-car-40-753 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-753}

Codification Notes: 9 CAR § 40-753, concerning ongoing treatment, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-754 The Division of Children and Family Services and community mental health center collaboration {#sec-9-car-40-754 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-754}

9 CAR § 40-754. The Division of Children and Family Services and community mental health center collaboration.

(a)(1) The Division of Children and Family Services will work with their local, designated community mental health centers (CMHC) to ensure adequate mental health services are available to meet the needs of children and families.

(2)(A) The division is responsible for working with the CMHC directors and staff to establish an oversight process.

(B) The oversight process should include:

(i) A review of current services and quality improvement measures;

(ii) An identification of problem issues or barriers; and

(iii) Methods to resolve any issues or barriers.

(b) The Division of Children and Family Services will hold an individual meeting, at least annually, with each CMHC to:

(1) Review the current status of the mental health services system for the area;

(2) Identify barriers to implementation of mental health services; and

(3) Develop a plan to address the identified barriers in provision of services.

(c) If CMHC staff believes that the Division of Children and Family Services is not ensuring appropriate referrals and involvement in treatment, they will:

(1) Attempt to resolve the issue with the appropriate Division of Children and Family Services Social Service County Manager; and

(2) If the issue cannot be resolved at the county level, contact the appropriate Division of Children and Family Services Social Service Area Manager.

(d) If the Division of Children and Family Services believes that CMHC staff are not providing adequate services, they will:

(1) Attempt to resolve the issue with the CMHC Children’s Services Director or other designated staff at the CMHC; and

(2) If the issue cannot be resolved, contact the CMHC Director.

(e) If an issue cannot be resolved through the aforementioned processes, the parties will contact the following senior staff to resolve the issue:

(1) The Division of Children and Family Services Assistant Director of Field Operations;

(2) The Division of Aging Adult and Behavioral Health Services Assistant Director for Children’s Services; and

(3) The Division of Children and Family Services Assistant Director of Mental Health and Treatment Services.

(f)(1) The community mental health centers and the Division of Children and Family Services operate independently of each other.

(2) All employees are expected to function in a manner that will not create any conflicts of interest.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"11/2011" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-755 Mental health policy terms {#sec-9-car-40-755 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-755}

9 CAR § 40-755. Mental health policy terms.

The Division of Children and Family Services will know and understand the following terms:

(1)(A) Crisis intervention-emergency short-term treatment services aimed at assisting individuals experiencing a psychiatric or behavioral crisis.

(B) These services are designed to stabilize the person in crisis, prevent further deterioration, and provide immediate indicated treatment in the least restrictive setting;

(2)(A) Mental health diagnostic assessment.

(B) The cultural, developmental, age and disability, relevant clinical evaluation, and determination of a beneficiary's mental status.

(D) An axis five (5) DSM diagnostic formulation for the purpose of developing a plan of care;

(3)(A) Discharge plan.

(B) Activities that facilitate a patient's movement from one (1) healthcare setting to another, home, or other placement in the community.

(C)(i) It is a multidisciplinary process involving physicians, nurses, social workers, and possibly other health professionals.

(ii) Its goal is to enhance continuity of care.

(D) The discharge begins on admission in higher levels of care and continues throughout the treatment process;

(4)(A) Inpatient acute psychiatric treatment.

(B) Short-term treatment designed to stabilize patients with significant behavioral health issues and begin the therapeutic process in a safe, supportive environment.

(C) This level of care is to be utilized only in circumstances when the client cannot be safely treated in a less restrictive environment.

(5)(A) Inpatient psychiatric residential treatment.

(B) Treatment for a psychiatric condition that is typically three to six (3-6) months in a facility using multidisciplinary approaches to return to a level of functioning that allows the client to return to community.

(C)(i) The client should participate in individual, group, and family therapy in addition to attending educational classes.

(ii) The length of stay should only be as long as necessary to move the client to a less restrictive level of care;

(6)(A) Psychiatric crisis.

(B) Behavioral health issues that are sudden in onset, requiring:

(i) Immediate assessment;

(ii) Crisis intervention; and

(iii) Emergency treatment.

(C) A psychiatric crisis includes suicidal or homicidal thoughts with a valid plan of intent, psychosis, or loss of ability to understand and interpret reality;

(7)(A) Master treatment plan.

(B) Written document that outlines specific goals, objectives, and interventions to address problems and issues related to the client’s diagnosis, as identified in a diagnostic assessment;

(8)(A) Temporary crisis plan.

(B) Clearly defined steps crafted in advance that detail how to manage a crisis when it occurs;

(9)(A) Treatment team.

(B) Group of professionals that work together to treat mental disorders.

(i) Psychiatrists;

(ii) Psychologists;

(iii) Therapists;

(iv) Mental health technicians;

(v) Case managers; and

(vi) Social workers;

(10)(A) Wrap around plan.

(B) A course of action identified by a wrap around team that includes local services and natural supports necessary to reduce out-of-home, school, or community placements for families, children, and youth with moderate to severe mental health needs.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"11/2011" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-756 Interdivisional staffings at the Child Case Review Committee {#sec-9-car-40-756 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-756}

Codification Notes: 9 CAR § 40-756, concerning interdivisional staffings at the Child Case Review Committee, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-757 Interdivisional staffing referral {#sec-9-car-40-757 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-757}

Codification Notes: 9 CAR § 40-757, concerning an interdivisional staffing referral, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-758 Child Case Review Committee (CCRC) referral {#sec-9-car-40-758 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-758}

Codification Notes: 9 CAR § 40-758, concerning a Child Case Review Committee referral, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-759 Medicaid and financial issues {#sec-9-car-40-759 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-759}

9 CAR § 40-759. Medicaid and financial issues.

(a) Before a youth is placed in an out-of-state treatment facility due to an emotional disturbance, the Office of Chief Counsel will make and document the following determinations as required by Arkansas Code § 20-46-106 via Out of State Placement Request, which will then be reviewed with the Specialized Placement Unit (SPU) Manager.

(b) If a youth in Division of Children and Family Services custody is placed in an out-of-state placement without proper documentation, Medicaid will not approve a certification of need and authorization to pay the provider or facility for services will be refused.

(d) The information shall be reviewed and considered by the juvenile judge.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"01/2014" History: Ark. R. 2026-74 (eff. July 1, 2026) Authority: Arkansas Code § 20-76-201

9 CAR § 40-760 Legal counsel for children experiencing foster care {#sec-9-car-40-760 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-760}

9 CAR § 40-760. Legal counsel for children experiencing foster care.

(a)(1) The Division of Children and Family Services may secure legal counsel for children experiencing foster care in connection with legal actions and proceedings of which they are a part during their foster care experience.

(2) This includes but is not limited to fair hearings involving Medicaid or Social Security, administrative hearings to represent the child as an alleged offender of child maltreatment, special immigrant juvenile status (SIJS) applications, wrongful death, medical malpractice, probate and estate matters, contract issues, and school matters for division cases.

(b) The division will not secure legal counsel for a child who is not in division custody at the time of the hearing, regardless of whether the child was in division custody at the time the offense was committed.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"09/2008" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-761 Making referrals to secure legal counsel {#sec-9-car-40-761 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-761}

Codification Notes: 9 CAR § 40-761, concerning the steps in making referrals to secure legal counsel, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-762 Therapeutic foster care {#sec-9-car-40-762 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-762}

9 CAR § 40-762. Therapeutic foster care.

(a)(1) Therapeutic foster care (TFC) is a specialized form of foster care that provides a wraparound plan for children who need more intensive case management to meet their individual needs.

(2) TFC is a family-based service delivery approach supported by licensed mental health professionals, as recognized by Arkansas Medicaid, that provides individual treatment for children, youth, and their families.

(3) Therapeutic foster parents are specially trained and more intensively supervised and supported to help them care for children with more complex needs.

(4) Children may need TFC as a result of disruptive behaviors, mental health issues, true findings of sexual abuse, or numerous unsuccessful placements.

(5) In addition to the Division of Children and Family Services, each child in a therapeutic foster home is assigned a case manager who is active in the child’s daily life through more frequent contact, medication management, and therapy.

(6) The goal of therapeutic foster care is to stabilize children in their communities so they can achieve permanency through reunification with caregivers or through adoption.

(b)(1) The division contracts for therapeutic foster care with licensed providers across the state.

(2) All referrals for TFC will go through the SPU to ensure that placement is in a child’s best interest and, if possible, that a child remains close to their home county.

(3) A referral does not guarantee placement as TFC may not be appropriate for every child.

(4) Additionally, a child may be placed on a waiting list until the provider can secure an appropriate placement.

(c)(1) A resource home may not be both a TFC resource home and a division resource home.

(2) However, a child experiencing foster care who does not require therapeutic foster care may be placed into a TFC home only in the following circumstances:

(A) He or she is a sibling of a child in the TFC home;

(B) He or she is a child of a youth in the TFC home; and

(d)(1) Before placing a child experiencing foster care who does not require therapeutic foster care into a TFC home with a child receiving TFC services, the potential risk to all children shall be considered.

(2) Justification of the appropriateness of the placement shall be documented.

(e) If a TFC home wishes to become a division resource home, all applicable minimum licensing standards and division policy requirements must be met by the foster home.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"06/2011" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-763 Referrals for therapeutic foster care {#sec-9-car-40-763 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-763}

Codification Notes: 9 CAR § 40-763, concerning referrals for therapeutic foster care, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-764 Therapeutic foster home transitioning to DCFS foster home {#sec-9-car-40-764 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-764}

Codification Notes: 9 CAR § 40-764, concerning the transition of a therapeutic foster home to a Division of Children and Family Services foster home, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-765 Former therapeutic foster home reopening as Division of Children and Family Services foster home {#sec-9-car-40-765 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-765}

Codification Notes: 9 CAR § 40-765, concerning the reopening of a former therapeutic foster home as a Division of Children and Family Services foster home, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-766 Private licensed placement agency (PLPA) resource homes {#sec-9-car-40-766 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-766}

9 CAR § 40-766. Private licensed placement agency (PLPA) resource homes.

(a)(1) A private licensed placement agency (PLPA) is a child placement agency licensed by the child welfare agency review board to recruit, train, approve, and support their own resource homes.

(2) A PLPA resource home provides substitute care within a family-like setting on a twenty-four-hour basis for any child placed in the home by a child placement agency.

(3) A PLPA is responsible for maintaining the resource homes it recruits by ensuring those resource homes continuously meet the Minimum Licensing Standards for Child Welfare Agencies – Placement, 9 CAR pt. 30, and Department of Human Services, as well as Division of Children and Family Services, resource home policy and procedures.

(b) These policies, standards, and procedures include but are not limited to:

(1) Completion of background checks;

(2)(A) SAFE home studies.

(B) Resource parents must reside in their residence prior to a SAFE home study being completed on the home;

(3) Preservice training;

(4) Continuing resource parent education as applicable;

(5) Adherence to the reasonable and prudent parent standard and use of all types of alternate care (see 9 CAR § 40-814);

(6) Requests for changes in placement (see 9 CAR § 40-828, foster parent request for placement change [repealed]); and

(7) Allegations of child maltreatment involving the resource home (see 9 CAR § 40-820, child maltreatment allegations concerning out-of-home placements).

(c)(1) A PLPA resource home is monitored through quarterly and annual reevaluations by its respective PLPA approval agency.

(2) A PLPA resource home is also more intensively supervised and supported by the approving PLPA.

(3) In addition to division staff, each child in a PLPA resource home is assigned a case manager who is active in the child’s daily life through frequent contacts (a minimum of monthly).

(4) Placement in an approved and available PLPA resource home is an option for any child in division custody when a PLPA resource home best meets the needs of a child.

(5) Placement in a PLPA resource home of a child in the custody of the division is encouraged in the following circumstances:

(A) He or she is a sibling of a child placed in a PLPA home;

(B) He or she is a child of a youth in a PLPA home; or

(C) He or she had previously been placed in a PLPA resource home and transitioned to other services requiring a more intensive treatment approach (meaning, acute treatment), and the child is now able to return to a resource home setting.

(d)(1) A resource parent must be financially able to care for their own needs without the foster care board payment to supplement their income.

(2) If a resource parent with a current placement elects to no longer be an active resource parent for the PLPA, the PLPA will notify the division and work collaboratively with the division to move any children currently placed in that resource home to another licensed or approved resource home, shelter, facility, or an exempt child welfare agency as defined at Arkansas Code § 9-28-402(12).

(3) PLPA resource homes are expected to accept placement of older children, six to eighteen (6 – 18) years of age, and sibling groups.

(e)(1) PLPA resource homes with space limitations are expected to seek and accept children over six (6) years of age.

(2) If a child in a PLPA resource home becomes available for adoption and the resource family has expressed interest in adopting the child, a consideration-to-adopt staffing may occur in accordance with 9 CAR §§ 40-918 [repealed] and 40-919 [repealed].

(f)(1) A resource home may not be both a PLPA home through a private licensed agency and a division resource home.

(2) If a PLPA home wishes to become a division resource home, the PLPA provider must close the PLPA home and complete an inquiry to become a resource home through the division.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"08/2020"9 CAR § 40-828, concerning a foster parent request for placement change, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).9 CAR § 40-918, concerning adoption staffing recommendations, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).9 CAR § 40-919, concerning the identification of an adoptive placement disclosure, was repealed by Ark. R. 2026-74 (eff. July 1, 2026). History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-767 Referrals for private licensed placement agency (PLPA) resource homes {#sec-9-car-40-767 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-767}

Codification Notes: 9 CAR § 40-767, concerning referrals for private licensed placement agency resource homes, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-768 Private licensed placement agency (PLPA) resource home transitioning to the Division of Children and Family Services resource home {#sec-9-car-40-768 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-768}

Codification Notes: 9 CAR § 40-768, concerning the transition of a private licensed placement agency resource home to a Division of Children and Family Services resource home, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-769 Former private licensed placement agency (PLPA) resource home reopening as DCFS resource home {#sec-9-car-40-769 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-769}

Codification Notes: 9 CAR § 40-769, concerning the reopening of a former private licensed placement agency resource home as a Division of Children and Family Services resource home, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-770 Foster Care Driving Program and Car Insurance Reimbursement Program for youth in out-of-home placement {#sec-9-car-40-770 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-770}

9 CAR § 40-770. Foster Care Driving Program and Car Insurance Reimbursement Program for youth in out-of-home placement.

(a)(1) An important rite of passage for many young adults is learning to drive and earning their driver’s license.

(2) The Division of Children and Family Services Foster Care Driving Program and Car Insurance Reimbursement Program provide a mechanism to support youth experiencing foster care in achieving this milestone.

(b) Foster Care Driving Program.

(1)(A) Any youth who is under eighteen (18) years of age and in division custody may apply for the Foster Care Driving Program once they are eligible for an instruction permit, learner’s license, or intermediate license pursuant to:

(i) Arkansas law; and

(ii) Applicable rules promulgated by the Department of Finance and Administration.

(B) Youth who are eighteen (18) years of age and older and participating in the Extended Foster Care Program do not have to apply to the Foster Care Driving Program to obtain their driver’s permit or license.

(i) All state requirements listed in Arkansas Code § 27-16-804; and

(ii) Any applicable rules promulgated by the Department of Finance and Administration.

(2) For youth who are under eighteen (18) years of age in division custody, the following information will also be considered by the Transitional Youth Services (TYS) Program Manager or designee:

(A) Behavior history and placement stability over the last six (6) months;

(B)(i) For youth still in high school, current grade point average (GPA) and summary statement on recent academic performance and progress in school.

(ii) There is not a minimum GPA requirement, but if a youth is currently struggling in school, there may need to be a plan built around how to support the youth in school and ensure that learning to drive or earning a license will not be a further distraction;

(C)(i) Participation in Life Skills classes, either through the division or another provider, or explanation of why the youth does not currently participate in Life Skills.

(ii) Youth who are not actively participating in Life Skills are still eligible for the Foster Care Driving Program;

(D) Driving history and record of violations over the last twelve (12) months; and

(E) Other pertinent information deemed necessary.

(3) Following said review and in accordance with Arkansas Code § 27-16-702, the Director of the Division of Children and Family Services or designee may authorize an employee of the division or the resource parent to sign the application of a youth who is under eighteen (18) years of age and in the custody of the division for any of the following:

(A) Driver’s license examination;

(B) Instruction permit;

(D) Intermediate driver’s license; or

(E) Motor-driven or motorcycle license.

(4)(A) Also pursuant to Arkansas Code § 27-16-702, for a person who is under eighteen (18) years of age in the custody of the division, any negligence or willful misconduct of the person when driving a motor vehicle upon a highway shall not be imputed to the authorized employee or authorized resource parent who signed the application of the minor for a permit or license.

(B) The authorized employee or authorized resource parent shall not be held liable in conjunction with the minor for any damages caused by the negligence or willful misconduct of the minor.

(5)(A) Completion of a driver’s education course for youth in division custody and participating in the Extended Foster Care Program is encouraged but not required.

(B) Division funds may be utilized to pay enrollment and tuition fees directly to a program providing the driver’s education course or to a resource parent or other placement provider on a reimbursement basis provided all necessary documentation is provided.

(6) In order to maintain the privilege of driving, youth in division custody shall abide by all Arkansas state laws pursuant to the permit or license type currently issued to that minor.

(7) The division will monitor the following items when a youth experiencing foster care has a driver’s license:

(A) Youth’s driving record;

(B) Youth’s behavior;

(D) Compliance with state law and division requirements as outlined above.

(8)(A) The director or designee may cancel the authorization for the driver’s license for youth who are under eighteen (18) years of age.

(B) State law permits the Office of Driver Services to cancel, revoke, or suspend any learner’s permit or driver’s license upon request.

(9) If at any time, a youth who is under eighteen (18) years of age experiencing foster care no longer meets all of the state and division requirements, the division may take possession of the youth’s learner’s permit or driver’s license until all requirements are again met.

(10)(A) If a youth enters foster care with a valid learner’s permit or driver’s license from any state, the youth must complete the Application and Agreement to Participate in Foster Care Driving Program and Car Insurance Reimbursement Program.

(B) The form will indicate that the youth already has a driver’s license when they submit the form and a copy of the driver’s license.

(C) Consideration will be given to encouraging the youth to apply for their Arkansas driver’s license depending on the dynamics of a youth’s case and expected time to reside in the State of Arkansas.

(11)(A) Youth participating in the Foster Care Driving Program must immediately report any traffic ticket received, or motor vehicle accident in which they are involved as a driver, to their resource parent or other placement provider, as applicable.

(B) The youth or placement provider must:

(i) Report any traffic ticket received by the youth, or motor vehicle accident in which the youth is involved, to the youth’s assigned Social Service Specialist no later than twenty-four (24) hours following the incident; and

(ii) Provide a copy of any ticket issued for any violation to the youth’s Social Service Specialist.

(C) The youth and their transitional team will schedule a time to discuss the incident to determine if any action needs to be taken following the ticket or at-fault accident (for example, participation in a driver’s education course or restricting driving privileges).

(1) The Car Insurance Reimbursement Program exists to safely support youth experiencing foster care as they work toward their driver’s license, which for many is a critical step to successfully transitioning to adulthood.

(2)(A) A youth experiencing foster care, including any youth participating in the Extended Foster Care Program, must be:

(i) Insured to drive a specific vehicle before they are allowed to operate that motor vehicle; and

(ii) Included as a driver on the insurance policy for that specific vehicle.

(B) The insurance policy must meet minimum Arkansas motor vehicle liability standards.

(i) Resource parent; or

(ii) Youth.

(3)(A) The division will reimburse the resource parents for the actual amount of the additional cost of adding a specific youth experiencing foster care as a driver on the insurance policy for a specific motor vehicle, provided all necessary documentation is submitted by the resource parent for the reimbursement process.

(B) This includes presenting documentation from the insurance company of the actual amount of the additional cost to qualify for reimbursement.

(4)(A) If the youth owns their own car, they must present documentation of the cost of the policy that insures them.

(B) The division will reimburse the youth for the actual amount of the insurance policy provided that all necessary documentation is submitted by the youth for the reimbursement process.

(5) A car insurance reimbursement payment to a resource parent or a youth cannot be made without:

(A)(i) Approval from the TYS Program Manager or designee, that the youth has been approved to participate in the division Car Insurance Reimbursement Program.

(ii) Reimbursement will be made for either up to thirty (30) calendar days preceding this approval date or for the amount paid from the date the youth was added to an insurance policy, if that date is less than thirty (30) calendar days from the division central office approval date, unless extenuating circumstances apply as assessed by the TYS Program Manager or designee;

(B) Legible copy of the insurance policy, premium notice that specifically lists the youth experiencing foster care as a designated driver for a particular car, or both; and

(6)(A) The division will monitor the driving record, behavior, and school performance, as applicable, of all youth in division custody or in the Extended Foster Care Program who have elected to participate in the division’s Car Insurance Reimbursement Program.

(B) If at any time, the youth no longer meets all of the state and division requirements, the division may elect to discontinue reimbursing the resource parents or the youth for the actual costs of insuring the youth.

(7)(A) Youth participating in the Car Insurance Reimbursement Program must immediately report any traffic ticket received, or motor vehicle accident in which they are involved as a driver, to their Social Service Specialist, as well as resource parent or other placement provider, as applicable.

(B) A copy of any ticket issued for any violation will be requested by the Social Service Specialist.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"12/2022" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

Subpart 8

9 CAR § 40-801 Resource home roles {#sec-9-car-40-801 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-801}

9 CAR § 40-801. Resource home roles.

(a)(1) The development of quality resource homes is a process essential for ensuring the safety and well-being of children in care while concurrently supporting children’s permanency goals.

(2) The Division of Children and Family Services is licensed by the Child Welfare Agency Review Board as a child placement agency to approve resource and adoptive homes for the Division of Children and Family Services.

(3) The Division of Children and Family Services utilizes the term “resource home” to refer to both types of these homes and “resource parent” or “resource family” to refer to an individual or family in those homes that provide a family-like setting on a twenty-four-hour basis for children in the custody of and placed there by the division.

(4) For the time in which a child in Division of Children and Family Services custody is placed in a resource home, that resource home must:

(A) Adhere to the reasonable and prudent parent standard (see 9 CAR § 40-814, alternate care for children in out-of-home placement) in the care of any child placed in the home by the Division of Children and Family Services; and

(B) Be the primary residence of the individual or family that is owned, rented, sublet, or leased by the individual or family.

(b)(1) To receive full approval as a resource home, a resource home must meet all applicable Minimum Licensing Standards for Child Welfare Agencies - Placement, 9 CAR pt. 30, established by the Child Welfare Agency Review Board and the Division of Children and Family Services policy regarding resource home approval and maintenance.

(2) Anything less than full approval as a resource home is insufficient for meeting Title IV-E eligibility requirements.

(3) A resource home must meet all applicable Minimum Licensing Standards for Child Welfare Agencies - Placement and Division of Children and Family Services policy pertaining to resource home approval and maintenance for the duration of the child’s placement while the child is in Division of Children and Family Services custody.

(4) With respect to resource homes on or near Indian reservations, approval rests with the tribal licensing or approval authority.

(c)(1) Regardless of the specific service type provided, the terms resource home and resource family are used because all resource families are designed to serve as a resource to children in the custody of the Division of Children and Family Services.

(2) In cases where reunification with the biological family is still the goal, resource families also serve as a resource to the child’s biological family.

(3) The resource family is part of a team.

(4) When team members cooperate and understand their own and each other’s roles, the quality of the experience for everyone is increased and the well-being of the child and their family is positively affected.

(d) There are two (2) types of Division of Children and Family Services resource homes that provide foster care services:

(1) Relative or fictive kin resource homes, also known collectively as kin or kinship homes (which may be opened on a provisional basis or as a fully approved resource home); and

(2) Traditional resource homes which are only opened once fully approved (meaning, all applicable Minimum Licensing Standards for Child Welfare Agencies - Placement and Division of Children and Family Services policy are met).

(e)(1) Kinship resource homes that are opened on a provisional basis are identified, recruited, and opened in an expedited manner.

(2) The Division of Children and Family Services seeks out provisional kinship resource homes in an effort to preserve family connections and reduce the amount of trauma a child experiences when entering foster care, by placing them with a safe and appropriate relative or fictive kin.

(3) “Relative” means a person within the fifth degree of kinship to the child or to at least one (1) of the children in a sibling group, including step-siblings and half-siblings, by virtue of blood or adoption if one has been identified and is appropriate.

(4) “Fictive kin” means a person not related by blood or marriage, but who has a strong, positive, emotional tie to a child and has a positive role in the child’s life (or the life of a parent of the child, if the child is an infant), if one has been identified and is appropriate.

(f)(1)(A) To open and place a child in Division of Children and Family Services custody in a provisional kinship resource home, an Arkansas Child Maltreatment Central Registry check, a Division of Arkansas State Police criminal record check, and results of a traffic violations record check must be received for all applicable household members, as well as a visual inspection of the home must be completed.

(B) See 9 CAR § 40-806.

(2) Therefore, a provisional kinship resource home may be opened and a child in Division of Children and Family Services custody placed in that home before:

(A) The results of the Federal Bureau of Investigation background check are received;

(B) Out-of-state child maltreatment checks are received;

(D) A full home study is completed.

(g)(1) Once opened as a provisional resource home, Division of Children and Family Services staff works with those kinship resource parents to bring them into full compliance with all minimum licensing standards and Division of Children and Family Services policies in order to transition from provisional resource home status to a fully approved kinship resource home within a six-month period.

(2) However, through the approved alternative compliance or policy waiver processes (see Appendix F: Alternative Compliance and Policy Waiver Protocol), nonsafety standards and policies may be waived for kinship resource homes and the home will still be considered to be in full compliance with any alternative compliance or policy waiver that is in place for that specific home.

(h)(1) Provisional resource homes that are not in full compliance at the end of six (6) months must be closed and the children removed, unless the kin has acquired custody.

(2) However, Division of Children and Family Services staff will ensure that every effort is made to help the provisional resource parents come into compliance with all requirements within six (6) months as long as the health and safety of the children placed there are ensured.

(3) Division of Children and Family Services staff will also, if applicable, ensure that any necessary transition plans are developed in advance of this six-month mark to lessen trauma to the children.

(i)(1) During the period that a kinship home is on provisional resource status the foster care board payment is funded through State General Revenue (SGR) to help support the needs of the child placed in the home.

(2) Provisional and fully approved kinship resource parents may also apply for and receive benefits for which the kin are entitled due to the placement of the child in the home (for example, SNAP).

(j)(1) Once opened as a fully approved resource home, the resource parents may then request to care for children experiencing foster care who are not related to or are not fictive kin of the resource parent with the understanding that additional evaluation of the home would be required to ensure that it would be an appropriate placement for children who are not related or not fictive kin to the resource parent.

(2) Additional training may also be requested before a resource home originally designated as a relative or fictive kin resource home begins taking children who are not related or not fictive kin.

(k)(1) Traditional resource homes are recruited to provide twenty-four-hour care for a child experiencing foster care to whom they are neither related nor have other prior connections.

(2) However, once fully approved, traditional resource homes may provide care for both related and nonrelated children in Division of Children and Family Services custody who are placed there.

(3) In addition, a traditional resource home may also serve, if desired, as an informal respite home.

(4)(A) An informal respite home is an approved Division of Children and Family Services resource home that can provide temporary care (no more than fourteen (14) continuous days at one (1) time) for children in out-of-home placements when the children’s full-time resource family is unable to do so and a member of the resource family’s support system cannot assist.

(B) See 9 CAR § 40-814, alternate care for children in out-of-home placement.

(l)(1) A Division of Children and Family Services employee is only permitted to serve as Division of Children and Family Services-approved resource parent for informal respite care purposes but may not provide informal respite care for children or youth on their own caseload.

(2) The Director of the Division of Children and Family Services or designee must give prior approval to any employee seeking to become a Division of Children and Family Services-approved informal respite home provider.

(3) Each Division of Children and Family Services employee’s request to serve as an informal respite care home will be assessed on a case-by-case basis.

(4) Division of Children and Family Services staff requesting to become informal respite providers must meet the same licensing and space requirements as traditional resource homes.

(5) Staff from a different county or a contract provider must assess and approve the home.

(6) Employees will not use their employment status to:

(A) Obtain information about the child’s case;

(B) Gain services; or

(m) However, in situations where Division of Children and Family Services staff are relatives of children placed in Division of Children and Family Services custody, and it is in the best interest of the child to be placed with the relative, the director may grant approval for the relative or employee to serve as a full-time resource home on a case-by-case basis.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"06/2022" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-802 Resource home recruitment and retention {#sec-9-car-40-802 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-802}

9 CAR § 40-802. Resource home recruitment and retention.

(a)(1) The Division of Children and Family Services will recruit enough resource families to ensure that all children are placed in the least-restrictive, most family-like setting that meets each child’s individual needs.

(2) Recruitment should result in an increased number of qualified, trained resource families in Arkansas.

(3) The division will diligently recruit potential resource families that reflect the ethnic and racial diversity of children in care.

(b)(1) Targeted recruitment will take place for resource parents who are willing and able to meet special needs of children needing placement.

(2) Targeted recruitment will begin with a diligent search and assessment of each youth’s relatives and fictive kin as placement potentials, both at the initial removal from the family home and continuing throughout the dependency-neglect case.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"06/2022" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-803 Resource parent recruitment {#sec-9-car-40-803 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-803}

Codification Notes: 9 CAR § 40-803, concerning resource parent recruitment, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-804 Retention of foster homes {#sec-9-car-40-804 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-804}

Codification Notes: 9 CAR § 40-804, concerning retention of foster homes, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-805 Information meetings {#sec-9-car-40-805 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-805}

Codification Notes: 9 CAR § 40-805, concerning information meetings, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-806 Resource home assessment process {#sec-9-car-40-806 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-806}

9 CAR § 40-806. Resource home assessment process.

(a)(1) In order to ensure quality resource homes, the Division of Children and Family Services will complete a thorough home assessment for each prospective resource family.

(2) The purpose of the assessment process is to educate prospective resource parents on the characteristics of children in out-of-home placement and evaluate their ability to meet those needs.

(3) The home assessment is a mutual selection process.

(4) It involves several components including, but not limited to, background checks, an in-home consultation visit, preservice training, a home study, and ongoing consultation with the prospective resource parents to ensure that all appropriate criteria related to both compliance and quality are met.

(5)(A) It shall be conducted in accordance with the requirements set forth by the Arkansas Child Welfare Agency Licensing Act, Arkansas Code § 9-28-401 et seq., with the Minimum Licensing Standards for Child Welfare Agencies — Placement, 9 CAR pt. 30.

(B) These standards serve as the baseline for approval, licensing, and ongoing compliance of all resource homes.

(b) Background checks.

(1)(A) In addition to ensuring that homes meet the basic criteria, the Division of Children and Family Services will only place children in approved resource homes where the resource parents and appropriate members of the household have been cleared through a series of background checks:

(i) The Child Maltreatment Central Registry;

(ii) A Division of Arkansas State Police criminal record check; and

(iii) A Federal Bureau of Investigation background check (with the exception that placements may be made in provisional resource homes before Federal Bureau of Investigation results are received).

(2) Child Maltreatment Central Registry.

(A) Resource parents and all other members of the household fourteen (14) years of age and older, excluding children experiencing foster care, must be cleared through the Child Maltreatment Central Registry.

(B) The Child Maltreatment Central Registry check will be repeated every two (2) years on all appropriate household members.

(C) If applicable, a Child Maltreatment Central Registry check will also be conducted on each household member fourteen (14) years of age or older in any state of residence in which they have lived for the past five (5) years, and in their state of employment, if different, for reports of child maltreatment.

(3) State police criminal record check.

(A) Resource parents and all other members of the household eighteen and a half (18 1/2) years of age and older, excluding children experiencing foster care, must be cleared through a Division of Arkansas State Police criminal record check.

(B) As soon as possible after a household member, excluding children experiencing foster care, reaches their eighteenth birthday, the paperwork to request the Division of Arkansas State Police criminal record check must be initiated to ensure results are received by the time that household member reaches eighteen and a half (18 1/2) years of age.

(C) The Division of Arkansas State Police criminal record check will be repeated every two (2) years on all appropriate household members.

(D) If a provisional Division of Arkansas State Police criminal record check enters pending status, Division of Children and Family Services staff may work with local law enforcement to obtain local verification of criminal record for the individual to expedite placement of the child in the home of the relative or fictive kin.

(E) The Division of Children and Family Services staff will ensure follow up with the Division of Arkansas State Police criminal record check within two (2) business days of the check entering pending status.

(4) Federal Bureau of Investigation criminal background check.

(A) Resource parents and all members of the resource home who are eighteen and a half (18 1/2) years of age and older, excluding children experiencing foster care, must also clear a Federal Bureau of Investigation fingerprint-based criminal background check.

(B) As soon as possible, after a household member (excluding children experiencing foster care) reaches their eighteenth birthday, the paperwork to request the Federal Bureau of Investigation criminal record check must be initiated to ensure results are received by the time that household member reaches eighteen and a half (18 1/2) years of age.

(D) Placement in a provisional resource home may be made prior to receipt of Federal Bureau of Investigation criminal background check results, when in the best interest of the child.

(E) When placement in a provisional home occurs, the Division of Children and Family Services will ensure that Federal Bureau of Investigation criminal background checks are submitted for processing within five (5) business days.

(F) Barriers to completion within five (5) business days should be assessed on a case-by-case basis and decisions should be made relevant to the best interests of the youth or youths placed in the provisional resource home.

(5) Traffic violations record check.

(A)(i) The Division of Children and Family Services will check the traffic violations record from the Office of Driver Services for each prospective resource parent and other applicable members of the household.

(ii) This record returns the number of traffic offenses and other violations incurred by the resource applicant, to include the number of points assessed by the Office of Driver Services for convictions of moving traffic violations as per the Arkansas State Vehicle Safety Program (ASVSP).

(iii) The traffic violations record check will be repeated every two (2) years.

(iv) To ensure child safety, the Division of Children and Family Services will carefully assess what, if any, safety concerns exist for any applicant or current resource parent accumulating ten (10) or more points on their traffic violation record.

(B)(i) A family member with no current valid Arkansas driver’s license will be given twenty (20) days to apply and receive an Arkansas driver’s license.

(ii) If the resource family member does not wish to obtain an Arkansas license, a written explanation from the applicant is required and a traffic violations record check must be completed in the state of issuance for the currently held license.

(iii) The applicant is responsible for obtaining and providing the traffic violations record check from the other state.

(C) The requirement for a driver’s license may be waived for provisional applicants, if an acceptable plan to transport the children placed in their home, to school, court dates, medical appointments, and similar engagements, is approved.

(d) In-home consultation visit.

(1) The in-home consultation visit allows resource staff to gather initial information on provisional applicants and additional information for traditional applicants that was not provided in the online application.

(2) The in-home consultation visit will determine if the home meets approval requirements and, if not, what changes are needed to come into compliance.

(3) Resource home approval requirements include Minimum Licensing Standards for Child Welfare Agencies — Placement, 9 CAR pt. 30, and Division of Children and Family Services policy requirements for resource homes.

(e) Preservice training.

(1)(A) Resource parents must also complete the Division of Children and Family Services-approved preservice training curricula designated for an applicant’s specific service type (that is, kinship or traditional).

(B) For traditional resource applicants, preservice training and the Division of Children and Family Services orientation and final walk-through of the home must be completed prior to placement of a child.

(i) Legal rights;

(ii) Roles, responsibilities, and expectations of resource parents;

(iii) Agency structure, purpose, policies, and services;

(iv) Laws and regulations as related to resource homes or children experiencing foster care;

(v) The impact of childhood trauma;

(vi) Managing child behaviors;

(vii) Medication administration; and

(viii) The importance of maintaining meaningful connections between the child and caregivers, including regular family time.

(2)(A) Child Maltreatment Central Registry and Division of Arkansas State Police criminal background checks must be cleared, and the Federal Bureau of Investigation criminal background check must have been submitted before a prospective resource parent can begin preservice training.

(B) Traditional resource parents must also complete infant, child, and adult CPR and standard first aid training and receive certification in both areas prior to placement of a child in their home.

(C) Provisional resource parents must complete infant, child, and adult CPR and standard first aid training within six (6) months of the child being placed in their home, though the CPR and standard first aid training is not an element that is required to move from provisional status to fully approved kinship foster family home status.

(3)(A) New CPR and first aid training is not required for individuals certified as paramedics and emergency medical technicians (EMTs) if proof of current certification is provided to Division of Children and Family Services staff.

(B) Current certification in basic life support (BLS) and advanced cardiovascular life support (ACLS) also meet the Minimum Licensing Standard for CPR if proof of current certification is provided to the Division of Children and Family Services staff.

(C) All other medical professionals (including nurses) must have current CPR certification as outlined above and provide a copy of their current certification to Division of Children and Family Services staff.

(D) Additional first aid training for nurses and other medical professionals (to include those with ACLS certification) is not required.

(E) If an applicant with a current BLS certification is a paramedic, EMT, or firefighter, additional first aid training is not required.

(F) A lay person with BLS certification may have to take a first aid class if current certification in first aid cannot be provided.

(f) Home study.

(1)(A) The home study assists in determining if a family is ready, willing, and able to become a suitable and safe placement resource for a child.

(B) At least two (2) home study visits must be conducted with a resource parent applicant.

(C) The preference is for both visits to take place in the resource applicant home, but, as needed, it is permissible for one (1) visit to be in the resource applicant home while the other is conducted over a virtual conference platform (such as Zoom or Facetime) with the approval of the applicable Division of Children and Family Services Program Manager or designee who oversees home study provider contracts.

(D) The evaluator will interview each age-appropriate member of the household.

(2)(A) The Division of Children and Family Services-approved home study tool evaluates a family’s dynamics including, but not limited to, motivation for wanting to become a resource home, household composition, housing, safety hazards, income and expenses, health, education, childcare arrangements or plans, child rearing practices, daily schedules, social history, family activities, and support systems.

(B) By learning more about these areas, the home study assists in ascertaining how members of a family function individually and as a unit, and, subsequently, helps inform the conclusions and recommendation as to whether a family should serve as a resource home.

(3)(A) If at any point throughout the home assessment process a prospective resource home is found to be out of compliance with a licensing standard or a Division of Children and Family Services policy, the noncompliance issue must be addressed.

(B) However, if the division determines that the noncompliance issue would not endanger the safety or well-being of children placed in a home, an alternative compliance or Division of Children and Family Services policy waiver may be requested as appropriate, (particularly for relatives and fictive kin).

(C) An alternative compliance is a request for approval from the Child Welfare Agency Review Board to deviate from a minimum licensing standard.

(D) A policy waiver is a request to deviate from a Division of Children and Family Services policy or procedure.

(E) If the individual conducting the home study finds an area of noncompliance, he or she must notify division staff who should then take the appropriate steps to address the noncompliance issue.

(4)(A) The successful completion of all home assessment components as outlined will allow the Division of Children and Family Services to assess the quality and capability of resource homes.

(B) The home assessment process will also assist prospective resource parents in determining if fostering is appropriate for them and, if so, prepare them for their new role.

(5)(A) The home study may be conducted by designated Division of Children and Family Services staff, other contract providers, or by volunteers trained by designated Division of Children and Family Services staff.

(B) The evaluator will complete the division-approved home study in accordance with established protocols.

(g) Final walkthrough of the home and orientation.

(1) Prior to approving an open resource home, Division of Children and Family Services staff will conduct a final walk-through of the home to ensure all resource home requirements have been met, and to review what to expect in the immediate future regarding a first placement.

(2) This will include the Division of Children and Family Services and the resource parents signing the initial resource agreement, which provides a summary of the following information:

(A) Expectations and responsibilities of the Division of Children and Family Services, the staff, and the resource parents;

(B) Services to be provided;

(D) Authority that the resource parents can exercise for the children placed in their home;

(E) Actions that require Division of Children and Family Services authorization;

(F) Legal responsibility for damage or risk resulting from children in their home;

(G) Division of Children and Family Services process and procedures for investigating complaints; and

(H) Division of Children and Family Services procedure for giving advance notice of termination of a placement except for documented emergencies.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"06/2022" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-807 Denial of a resource home applicant {#sec-9-car-40-807 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-807}

9 CAR § 40-807. Denial of a resource home applicant.

If at any point during the home assessment the Division of Children and Family Services determines that an applicant does not meet the standards or any other criteria of a quality resource home, the division will deny approval of the home.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"06/2022" Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-808 Denial as a result of negative results of a background check {#sec-9-car-40-808 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-808}

Codification Notes: 9 CAR § 40-808, concerning denial as a result of negative results of a background check, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-809 Denial as a result of the in-home consultation visit {#sec-9-car-40-809 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-809}

Codification Notes: 9 CAR § 40-809, concerning denial as a result of an in-home consultation visit, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-810 Denial as a result of the home assessment {#sec-9-car-40-810 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-810}

Codification Notes: 9 CAR § 40-810, concerning denial as a result of a home assessment, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-811 Resource home monitoring and reevaluation {#sec-9-car-40-811 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-811}

9 CAR § 40-811. Resource home monitoring and reevaluation.

(a)(1) In order to ensure continued quality of all the Division of Children and Family Services resource homes, the division will monitor resource homes at least quarterly and conduct a complete reevaluation of each resource home’s ability to care for children at least annually.

(2) At least one (1) of the quarterly monitoring visits shall be:

(A) Unannounced; and

(B) Documented as unannounced in the resource home record.

(b) Resource staff shall use the division-approved monitoring and reevaluation forms and tools for the quarterly monitoring and reevaluation visits to include background check request forms and tools when a family’s Child Maltreatment Central Registry checks and state criminal background must be updated.

(c)(1) Quarterly monitoring and annual reevaluation visits will ensure the resource home remains in compliance with all Minimum Licensing Standards for Placement as well as division policy for resource homes and otherwise appropriately meeting the physical, mental health, and emotional needs of the children placed in the home.

(2) Corrective action plans may be put into place as appropriate to bring a resource home into compliance with Minimum Licensing Standards and division policy or address any other issues identified.

(3) Corrective action plans shall be time-limited, generally not to exceed sixty (60) days.

(d)(1) In addition, a reevaluation shall be conducted whenever there is a major life change.

(2) Major life changes include:

(A) Death or serious illness among the members of the resource family;

(B) Marriage, separation, or divorce (see more detailed information concerning resource parents who plan to marry or divorce below);

(D) Change in residence;

(E) Suspected child maltreatment of any child in the resource home; and

(F) The addition of family members (including but not limited to birth, adoption, aging relative moving in).

(e)(1) If during the monitoring or reevaluation process or at any other time a resource home is found to be out of compliance with any Minimum Licensing Standard or division policy and does not come into compliance within the timeframe noted in a corrective action plan, the division may close a resource home.

(2) In this event, a face-to-face meeting will occur with resource parents to discuss the closure of the home and a written notice will also be provided.

(3) This notice will include information regarding the process for an internal review of adverse action.

(4) The notice will also include a summary documenting the reasons for closure, as well as all efforts by the division to rectify the problem.

(5) The final assessment and determination of closure will be made by the Resource Specialist, in collaboration with designated county staff, the Social Service Area Manager, and Central Office staff, as appropriate.

(f) Single resource parents who plan to marry.

(1)(A) In situations when a resource parent plans to marry (or otherwise move in with a partner) and wishes to continue providing care to children in foster care, the future spouse or partner will be considered an applicant seeking approval to serve as a resource parent.

(B) The future spouse or partner must also complete preservice training and resource parent orientation.

(C) The resource parent and partner will be informed that the reevaluation will have to be completed before the partner can take on the role of resource parent and reside with the children in the home.

(2)(A) If the future partner does not clear any of the background checks or does not complete preservice training before moving into the home, the home must be made unavailable.

(B) The division will also work toward closing the resource home.

(C) However, decisions regarding when to close the home and move a child currently placed in the home will be made on a case-by-case basis and take into account the reason the future partner does not qualify as a resource parent (including but not limited to background checks and failure to complete training) and the impact of a placement move on the child.

(D) The following shall participate in the decision regarding placement moves:

(i) Resource parent;

(ii) Child placed in the home, as age and developmentally appropriate;

(iii) Resource Specialist;

(iv) Child’s Social Service Specialist;

(v) Respective supervisors; and

(vi) Child’s attorney ad litem.

(g) Two-parent homes that plan to separate or divorce.

(1)(A) When approved resource parents who currently have children placed in their home plan to divorce or separate, the Resource Specialist will conduct a reevaluation on the resource parent who has elected to continue the role of care provider using the division-approved reevaluation tools.

(B) The household member who is no longer in the home will be end-dated in the division information management system.

(C) If both individuals wish to continue as resource parents, a new provider service must be initiated for the parent who will be residing at a new address.

(2)(A) The completion and approval of all resource home monitoring visits and reevaluations must be documented in the division information management system.

(B) If a resource home reevaluation is not completed and documented annually in the division information management system, any Title IV-E eligible child placed in the home will lose Title IV-E eligible claim ability until the reevaluation of the family is completed and documented.

(h) Continuing education requirements.

(1)(A) In addition to continuing to meet all minimum licensing standards and division policy requirements as they relate to resource homes, resource parents must also complete a minimum of six (6) hours of division-sponsored or division-approved in-service training annually after the first year of service.

(B) Training classes may cover a wide range of topics related to:

(i) Parenting;

(ii) Child development and behavior; and

(iii) Medical needs.

(i) In-person or classroom trainings;

(ii) Online courses;

(iii) Video;

(iv) Television programs; or

(v) Books related to:

(a) Child abuse;

(b) Child development;

(d) Trauma-informed care; and

(e) Other approved topics.

(D) Continuing education hours obtained through videos, books, online courses, or television programs for each resource parent must have prior approval by the assigned Resource Specialist.

(E) The Resource Specialist will inform resource parents of any training and educational opportunities known to them.

(F) Funds may be available to defray expenses for the resource parent continuing education opportunities.

(G) Prior approval from the local Resource Unit is required for reimbursement.

(2)(A) Resource parents must also maintain current CPR certification and standard first aid training.

(B) Maintenance of CPR certification and first aid training is in addition to the six (6) hours of continuing education and, therefore, cannot be counted as part of the annual six-hour continuing education requirement.

(C) Resource parents must complete their annual in-service training requirements before any additional children in care are placed in their home, unless an exception is granted.

(D) Resource parents who do not meet the in-service training requirements will be notified that they must complete the in-service training requirements within sixty (60) days.

(E) No additional children will be placed in the home during this sixty-day period.

(F) If the resource parents’ annual in-service training requirements are more than sixty (60) calendar days overdue, then a reevaluation will also be required unless an extension to meet in-service training requirements has been granted.

(G) Extensions should be the exception and not the rule.

History

Codification Notes: “CPR” means cardiopulmonary resuscitation.This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "06/2022" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-812 Resource home reopening {#sec-9-car-40-812 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-812}

9 CAR § 40-812. Resource home reopening.

(a)(1) In order to secure the best placement for each child experiencing foster care, the Division of Children and Family Services seeks to maintain a large pool of quality resource homes.

(2) For this reason, the division will consider reopening resource homes when situations arise where resource parents who previously self-elected to close their home or whose home was closed by the division would like to reopen.

(3) Requirements vary depending on circumstances surrounding the resource home closure.

(b) A reconsideration by the Resource Family Review Committee is required for any closed resource home that has any history of child maltreatment investigations involving the provider as an alleged offender, regardless of:

(1) The outcome of the investigation;

(2) Whether the resource home was closed by the division or closed at the resource parent’s request; or

(3) Whether there is documentation indicating the reason for closure was related to the investigation.

(c)(1) The reconsideration to reopen packet will be submitted to the committee via the Foster Care Manager who will present the request to the committee for consideration.

(2) If a reconsideration to reopen packet is sent to the committee, the assumption is that local staff who submitted the packet are in support of the request.

(3) The committee will review and make recommendations to the Director of the Division of Children and Family Services or designee regarding whether to reopen a resource home.

(4) The director or designee will make the final decision regarding the request.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"06/2022" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-813 Reopening a resource home {#sec-9-car-40-813 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-813}

Codification Notes: 9 CAR § 40-813, concerning the reopening of a resource home, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-814 Alternate care for children in out-of-home placement {#sec-9-car-40-814 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-814}

9 CAR § 40-814. Alternate care for children in out-of-home placement.

(a)(1) Alternate care for children experiencing foster care may be used to assist resource parents when circumstances requiring supervision by an appropriate adult other than the resource parents exist.

(2) The Division of Children and Family Services also promotes the use of certain types of alternate care (for example, normal age-appropriate activities or interaction with a resource family support system) among children and youth to foster normalcy in the lives of children and youth in out-of-home placements.

(b) There are five (5) categories of alternate care:

(1) Normal age-appropriate activities.

(A)(i) Children in all out-of-home placement types will be encouraged to participate in extracurricular, enrichment, cultural, or social activities that are age-appropriate and developmentally appropriate for a child.

(ii) Age and developmentally appropriate activities are those that are generally accepted as suitable for children of the same chronological age and that are determined to be developmentally appropriate for a child, based on their cognitive, emotional, physical, and behavioral capacities.

(iii) Examples of normal age-appropriate and developmentally appropriate activities include, but are not limited to:

(a) Overnight visits with friends;

(b) School field trips;

(d) Faith-based activities; and

(e) Short-term summer camps.

(B)(i) Resource parents, contract placement providers, and any private provider with whom the Division of Children and Family Services maintains a memorandum of understanding (MOU) will uphold the reasonable and prudent parent standard in regard to children participating in age-appropriate and developmentally appropriate activities.

(ii) The reasonable and prudent parent standard requires resource parents and other out-of-home placement providers to exercise careful and sensible consideration when determining whether an activity for a particular child will not only encourage the emotional and developmental growth of the child, but also maintain the health, safety, and best interests of the child.

(C) The resource family or authorized official of a contract placement provider will use the reasonable and prudent parent standard in determining whether to give permission for a child living in an out-of-home placement to participate in extracurricular, enrichment, cultural, or socially normal age-appropriate activities by considering:

(i) The child’s chronological age, maturity level, physical and behavioral capacities, and cognitive and emotional development levels;

(ii) The potential risk factors and the appropriateness of the activity;

(iii) The best interest of the child, based on information known by the caregiver;

(iv) The importance of encouraging the child’s emotional and developmental growth;

(v) The importance of providing the child with the most family-like living experience possible; and

(vi) The behavioral history of the child and the child’s ability to safely participate in the proposed activity.

(D)(i) Resource parents are responsible for monitoring extra-curricular activities to ensure that a child experiencing foster care does not become overwhelmed with too many activities.

(ii) Children must have ample time in the resource home for:

(a) Relaxation;

(b) Completion of daily household activities;

(d) Bonding with the resource family.

(E) All contract placement providers as well as any private provider with whom the Division of Children and Family Services maintains an MOU will establish an on-site official who is authorized to apply the reasonable and prudent parent standard to ensure appropriate caregiver liability when approving an activity for a child in an out-of-home placement.

(F)(i) A caregiver is not liable for harm caused to a child who participates in an activity approved by the caregiver, provided the caregiver has acted in accordance with the reasonable and prudent parent standard.

(ii) This subdivision (b)(1)(F) may not be interpreted as removing or limiting any existing liability protection afforded by law.

(G)(i) The Division of Children and Family Services will provide information and skill-based training to resource parents, contract placement providers, and private providers with whom the Division of Children and Family Services maintains an MOU regarding how to apply the reasonable and prudent parent standard for the participation of a child in age-appropriate and developmentally appropriate activities.

(ii) This training will include sharing knowledge and skill-based applications relating to the developmental stages of the cognitive, emotional, physical, and behavioral capacities of a child.

(H) Resource parents, contract placement providers, and private providers will notify the child’s specialist if the child will spend more than twenty-four (24) continuous hours outside the approved placement when participating in said activities;

(2) Child care.

(A)(i) Child care may be routinely provided as a part of a permanency case.

(ii) Childcare providers must be on the voucher system and licensed by the Division of Child Care and Early Childhood Education or on the Voluntary Child Care Registry.

(iii) Every attempt should be made to place children in care in a quality childcare setting.

(B)(i) Childcare for children may also be provided as a part of a permanency case to provide assistance to resource parents for nonroutine circumstances that relate to the retention or support of the resource home such as resource parent training.

(ii) Childcare provided for such purposes may be reimbursed by the Division of Children and Family Services;

(3) Babysitting.

(A) Babysitters may be used to provide occasional care for children in the resource home for no more than eight (8) continuous hours at one (1) time.

(B) Resource parents will exercise careful consideration when evaluating the character and competence of any individual asked to babysit.

(D) The Division of Children and Family Services will not reimburse for babysitting services.

(E) Babysitters will not transport children.

(F) Background checks are not required;

(4) Resource family support system.

(A)(i) The resource family support system (RFSS) may be comprised of up to three (3) other households identified by the resource family.

(ii) RFSS members may provide care for children when the resource parent is unable to do so on anticipated or unanticipated events.

(B)(i) Resource parents will exercise careful consideration when evaluating the character and competence of any household asked to serve as an RFSS member.

(ii) RFSS members must be at least twenty-one (21) years of age.

(iii) There is not a standard maximum age limit for RFSS members, but RFSS members must be physically, mentally, and emotionally capable of caring for children for up to seventy-two (72) hours.

(iv) Adoptive parents may not be RFSS members unless they are related to the resource parent (for example, parent or sibling to the resource parent).

(v) Resource parents may reimburse an RFSS member if they choose to do so.

(vi) The Division of Children and Family Services will not reimburse RFSS members.

(C)(i) Members of a resource family support system may transport children and care for children in the resource home or in the home of the RFSS member.

(ii) However, an RFSS member will not provide care for more than seventy-two (72) continuous hours at one (1) time regardless of the location in which care is provided or regardless of which RFSS member is providing care.

(iii) However, for extenuating circumstances only, the Social Service Area Manager may approve for a child to stay with an RFSS member for more than seventy-two (72) hours, but no more than seven (7) days.

(iv) To go beyond the seventy-two-hour timeframe requirement, a written request must be submitted to the Social Service Area Manager explaining the reasons for the extension request.

(v) The Social Service Area Manager must approve or deny the request in writing.

(vi) The Social Service Specialist will be notified when an RFSS member will provide care for more than twenty-four (24) continuous hours.

(vii) RFSS members taking children out-of-state for overnight trips is prohibited.

(D)(i) The resource family support system will not be used in place of respite care or as an out-of-home placement.

(ii) The number of children placed in an RFSS member household must meet all minimum licensing and the Division of Children and Family Services policy requirements.

(E)(i) All prospective RFSS members must be cleared through the Child Maltreatment Central Registry and a Division of Arkansas State Police criminal record check.

(ii) The Division of Children and Family Services will request any other state where the prospective RFSS member has resided in the preceding five (5) years to check its child abuse and neglect registry.

(iii) The Division of Children and Family Services will provide documentation in the case record that the Child Maltreatment Central Registry and Division of Arkansas State Police Criminal Record Checks were received on the prospective RFSS member.

(F)(i) The Division of Children and Family Services will check the traffic violations record for each potential RFSS member.

(ii) The Arkansas State Vehicle Safety Program sets the maximum number of traffic violation points an RFSS member resource parent may be allowed.

(G) Proposed RFSS members’ background checks will be processed once the primary resource home with which the RFSS members are associated is approved and opened.

(H) Documentation of at least one (1) visual inspection of the home for evaluation purposes is required of all prospective RFSS members; and

(5) Respite care.

(A) When a Resource Family Support System member is not available to provide needed care on a short-term basis, respite care may be utilized in order to temporarily relieve the resource family of the ongoing responsibilities and stresses of care.

(B) There are two (2) types of respite care:

(i)(a) Informal respite.

(b) An approved Division of Children and Family Services resource home that can provide temporary care when the resource family support system is unable to assist or for situations in which children will be outside of the resource home for more than seventy-two (72) continuous hours.

(d) Periods of respite care in an informal respite home lasting longer than seven (7) consecutive days require approval from the Social Service Area Manager or designee.

(e) If Social Service Area Manager approved extension exceeds fourteen (14) continuous days, the regular resource parents’ board payment will be affected.

(f) If the child has stayed in any combination of RFSS or informal respite homes (that is, outside of the regular resource home placement) the total amount of days within those alternate care types cannot exceed fourteen (14) consecutive days as board payment may be affected.

(g) A stay in an informal respite home must be documented in the Division of Children and Family Services information management system, but not as a separate or new placement.

(h) The number of children placed in an informal respite home must meet all minimum licensing and Division of Children and Family Services policy requirements.

(i) Resource parents may reimburse an informal respite provider if they choose to do so.

(j) The Division of Children and Family Services will not reimburse an informal respite provider.

(k) The number of children placed in an informal respite home must meet all Minimum Licensing and the Division of Children and Family Services requirements; and

(ii)(a) Formal respite.

(b) A Division of Children and Family Services contract provider who supplies short-term respite care particularly when a child’s current placement is at risk of disruption or respite is needed to prevent a residential, acute psychiatric, or similar placement.

(c) Formal respite care should be provided in accordance with a family-driven, youth-guided respite plan and in coordination with a child’s behavioral health treatment plan (if applicable).

(d) Formal respite care will be provided for no more than seven (7) days per three-month period.

(e) A stay with a formal respite care provider must be documented in the Division of Children and Family Services information management system, but not as a separate or new placement, provided it does not exceed the more than seven (7) days per three-month period.

(f) Longer periods of formal respite care require approval from the division.

(g) If an approved extension exceeds fourteen (14) consecutive days, the regular resource parents’ board payment will be affected.

(h) If the child has stayed in any combination of RFSS or informal respite homes before a formal respite stay, the total amount of days within those alternate care types (that is, outside the regular resource home placement) cannot exceed fourteen (14) consecutive days as board payment may be affected.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"06/2022" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-815 Providing information to and gathering information from resource parents {#sec-9-car-40-815 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-815}

9 CAR § 40-815. Providing information to and gathering information from resource parents.

(a)(1) Resource parents will be considered as team members working with other child welfare professionals for the family.

(2) Complete information, such as a child’s health and education records, reasons for entering care, siblings, and probable length of placement, will be provided to resource parents at the time of placement.

(3) Additional information, including, but not limited to, a complete copy of the Safety Assessment and Risk Assessment and complete copy of the family case plan for each child placed in the home, will be shared promptly with the resource parents.

(4) Resource parents are also allowed to receive a copy of the substantiated child maltreatment report for the child in their care.

(b)(1) The child’s Social Security number may be given to the resource parents, only if the resource parent must have the number to obtain services, care, or treatment for the child.

(2) The resource parent must keep the child’s Social Security number confidential and use the Social Security number only for allowable purposes.

(c)(1) In addition, currently or previously licensed resource parents may receive records concerning a child who was previously placed in their resource home that are relevant to the period of time in which the child was placed in that resource home and for which the resource parent has a legitimate need as determined by the Division of Children and Family Services.

(2) Examples may include providing the Social Security number of a child previously placed in the resource home for tax filing purposes.

(d)(1) Resource parents to include preadoptive resource parents and relative caregivers have the right to be heard in any proceeding held with respect to a child in their care and will be called as a witness to do so.

(2) Division staff are encouraged to support resource parents in sharing information with the court given that resource parents have a significant amount of knowledge about the child’s daily functioning, strengths, and needs.

(e) Resource parents will not be made a party to any such proceeding while reunification remains the court ordered goal or solely on the basis that such persons are entitled to notice and the opportunity to be heard.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"05/2022" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-816 Division of Children and Family Services contact with children experiencing foster care {#sec-9-car-40-816 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-816}

9 CAR § 40-816. Division of Children and Family Services contact with children experiencing foster care.

(a)(1) Regular, quality contact between the Division of Children and Family Services and a child experiencing foster care can be one (1) source of vital constancy for the child.

(2) Consistent contact not only provides some stability in the child’s life but also allows the division to ensure the child’s safety and well-being.

(3) As such, the division will have regular face-to-face and other forms of contact with children in out-of-home placements.

(b)(1) The child’s Social Service Specialist will have face-to-face contact with the child in their approved out-of-home placement at least weekly during the first month of placement and at least weekly in any new placement thereafter.

(2) Division contacts after the first month in care or in a new placement will occur at least monthly in the approved out-of-home placement.

(3) During contacts in the out-of-home placement, the Social Service Specialist will engage the age-appropriate child in a private conversation to better assess the quality of care being provided.

(c)(1) In the event the Social Service Specialist is unable to conduct these regular contacts in the out-of-home placement, another division staff member may make the contacts to ensure the safety and well-being of the child and meet the regular contact requirement.

(2) However, these exceptions will be limited.

(3) While the division support staff (such as Social Service Assistants) may also contact the child in the out-of-home placement to ensure various needs are met, the regular out-of-home placement contact requirement will not be considered met until a Social Service Specialist or Social Service Specialist Supervisor has conducted the regular out-of-home placement contact.

(d)(1) In addition to the contacts in the child’s out-of-home placement, the Social Service Specialist will maintain weekly contact with the child through forums such as school, parent-child family time, during transportation to various appointments, family team meetings, court hearings, and via telephone or programs such as FaceTime.

(2) Additional contact each week with other division staff such as Social Service Assistants or division interns or volunteers via telephone and transports is appropriate but will not replace the requirement for the child’s Social Service Specialist to maintain weekly contact with the child.

(e) The purpose of routine contacts and other contact will be to:

(1) Provide the child with accurate information about their case at an age and developmentally appropriate level;

(2) Answer questions the child may have;

(3) Engage the child and resource parents, as appropriate, in activities geared to accomplish family case plan goals and to ensure the child’s needs are being met;

(4) Assess the quality of the care being provided;

(5) Determine and monitor, through conversation and observation, the child’s safety and the extent to which the child’s developmental, medical, intellectual, and emotional needs are being met; and

(6) Assess the child’s adjustment to the out-of-home placement, resource parents, other persons in the home, and school.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"01/2016" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-817 Supervision of children in out-of-home placements {#sec-9-car-40-817 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-817}

Codification Notes: 9 CAR § 40-817, concerning supervision of children in out-of-home placements, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-818 Division contact with caregivers involved in permanency cases {#sec-9-car-40-818 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-818}

9 CAR § 40-818. Division contact with caregivers involved in permanency cases.

(a) Regular communication and quality interaction between the Division of Children and Family Services and the biological parents, the legal custodian, or legal guardian from whom the child was removed (hereinafter to be referred to only as caregivers) throughout the life of the permanency case are critical to sustaining caregiver engagement and providing appropriate support to help the family work toward achieving reunification.

(b)(1) Early engagement with caregivers whose children have been removed from the home is a first step to the overall success of the case.

(2) The family may often view the division’s involvement as an unwelcome intrusion.

(3) This perception may result in a wide range of reactions from the family including, but not limited to:

(A) Defensiveness;

(B) Hostility;

(D) Ambivalence.

(4) Nonetheless, the division must examine the underlying cause of the caregiver behavior and try to empathize with the caregivers by striving to engage them in the assessment and family case planning process from the beginning of the permanency case.

(c)(1) When a Social Service Specialist is assigned to a permanency case, he or she will conference with the investigator or on-call specialist who removed the child from the home within seventy-two (72) hours of case assignment.

(2) The goal of this conference is to gather all pertinent information the investigator may have regarding the family and reasons for removal.

(3)(A) The Social Service Specialist assigned to the permanency case will use this information, along with other relevant sources to include any past division involvement with the family as documented in the division information management system, to begin completing the initial family assessment and family case plan.

(B) See 9 CAR § 40-501, family assessments, and 9 CAR § 40-503, services family case plan and related procedures, for more information.

(d)(1) Within five (5) days of the child’s entry into the out-of-home placement, the Social Service Specialist who is primary (that is, the Social Service Specialist Investigator if not yet assigned to a Social Service Specialist Caseworker or the Social Service Specialist permanency caseworker if the assignment has been made) will attempt to reach the caregivers by phone to schedule the first contact with the caregivers in their residence to update the caregivers on the status of the case at that point and begin the assessment and family case planning process.

(2) Social Service Specialists are encouraged to make this contact as early during the five (5) days following removal as possible.

(3) Scheduled first contacts are preferred, but unannounced contacts are acceptable as necessary.

(4) If the caregivers are not at their residence when the Social Service Specialist attempts the initial contact, the primary Social Service Specialist will continue to attempt a face-to-face meeting with the caregivers as soon as possible by trying to reach the caregivers by phone to schedule a contact or making unannounced visits to the home.

(e)(1) Following the initial face-to-face contact with the caregivers, the Social Service Specialist will meet with the caregiver at least weekly in the residence of the caregiver during the first month the case is opened.

(2) Both announced and unannounced contacts are appropriate depending on the dynamics of a particular case.

(f)(1) After the first month of the open case, the Social Service Specialist and Social Service Supervisor will determine whether the frequency of in-home contacts with the caregivers will continue to be weekly or be adjusted to biweekly, or, in limited circumstances for cases progressing extremely well, monthly.

(2) During these contacts, the Social Service Specialist Caseworker will:

(A) Assess caregivers’ progress on family case plan services and goals;

(B) Assess caregivers’ new or developing needs, strengths, and risks;

(D) Respond to caregivers’ questions and concerns; and

(E) Provide support and guidance to caregivers as needed.

(3) If in-home contacts with the caregivers will be held on a biweekly or monthly basis, the division will also use other forms of communication with the family to maintain weekly contact and update them on various aspects of their case and their children’s progress as appropriate.

(g) Other forms of communication may include telephone calls, text, and email as well as contact with the family through transports and family team meetings.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"01/2016" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-819 Caseworker contacts with biological parents {#sec-9-car-40-819 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-819}

Codification Notes: 9 CAR § 40-819, concerning caseworker contacts with biological parents, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-820 Child maltreatment allegations concerning out-of-home placements – Overview {#sec-9-car-40-820 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-820}

9 CAR § 40-820. Child maltreatment allegations concerning out-of-home placements – Overview.

(a)(1) All child maltreatment allegations concerning any person in a resource home will be investigated in accordance with Arkansas Code § 12-18-602 of the Child Maltreatment Act, Arkansas Code § 12-18-601 et seq.

(2) As with all children whose interest becomes the concern of the Division of Children and Family Services, the safety and welfare of all children experiencing foster care will be paramount.

(b)(1) If any child experiencing foster care is the subject (alleged offender or alleged victim) of an allegation of child maltreatment, the Child Abuse Hotline will notify the appropriate Division of Children and Family Services and the Crimes Against Children Division executive staff as well as the Social Service Area Manager for the Division of Children and Family Services service area in which the resource home named in the report is located.

(2) The Division of Children and Family Services will then ensure that the appropriate Division of Children and Family Services staff notify the child’s family, the primary and secondary staff for the child, as applicable, the Office of Chief Counsel attorney, the child’s CASA, if applicable, and the child’s attorney ad litem.

(3) The attorneys ad litem for any other children placed in the home will be notified as well.

(c) If there is an allegation of child maltreatment in which a child experiencing foster care is named as the alleged offender, see 9 CAR § 40-313(i), investigation of child maltreatment reports under “Legal representation for child experiencing foster care named as an alleged offender”, for more information.

(d) The Crimes Against Children Division will conduct all child maltreatment investigations (Priority I and II) involving a resource parent or household member of a resource home excluding reports that meet differential response criteria involving a child experiencing foster care that allegedly occurred prior to the child entering foster care.

(e)(1) However, when any household member of a resource home, to include resource parents, biological and adopted children of the resource parents, and children experiencing foster care placed in the home, is the subject of a child maltreatment allegation, Division of Children and Family Services staff will also conduct an individualized evaluation to assess the safety of the child within twenty-four (24) hours of the receipt of the report to determine if the child can safely remain in the home during the course of the investigation.

(2) Division of Children and Family Services staff will try to coordinate this contact in the home to assess safety with Crimes Against Children Division staff.

(f)(1) If a safety threat is identified in the resource home, staff will review the Division of Children and Family Services’ approved safety assessment for resource providers in consultation with a Division of Children and Family Services supervisor and make a determination regarding whether the child will be moved to another approved placement or an immediate safety plan can be developed to mitigate the safety threat.

(2) If no safety threat is identified but there are other concerns to be addressed related to the resource home or any household members, a corrective action plan may be put in place to allow the child experiencing foster care to remain safely in the resource home.

(3) A corrective action plan is designed to ensure the safety and well-being of the child in the home as long as the concern is not an act or omission rising to the level of a safety threat.

(4) All relevant information will be reviewed to make a decision regarding the implementation of an immediate safety plan or corrective action plan for the resource home.

(5) This includes, but is not limited to:

(A) The characteristics and history of the child experiencing foster care;

(B) Best interest of the child experiencing foster care;

(D) The nature of the allegation;

(E) Information collected during the investigation; and

(F) The services, supports, or monitoring that will be put in place during the investigation.

(g)(1) The appropriate the Division of Children and Family Services Assistant Director or designee must approve all immediate safety plans and corrective action plans for resource homes prior to Division of Children and Family Services staff leaving the home in which the immediate safety plan or corrective action plan will be implemented.

(2) If the safety and welfare standards of the Division of Children and Family Services cannot be met and the child cannot safely remain in the home, the child experiencing foster care will be moved to another approved placement.

(h)(1) If after the initial safety evaluation conducted by Division of Children and Family Services staff it is determined that there are no risk factors or safety threats present, then neither an immediate safety plan nor a corrective action plan is required while the investigation is being completed.

(2) In these situations, the Social Service Area Manager may approve leaving the child in the home if it is in the best interest of the child.

(3) Social Service Area Manager will notify the appropriate the Division of Children and Family Services Assistant Director or designee when a child is left in a resource home with a pending investigation but for which neither an immediate safety plan nor a corrective action plan was necessary.

(i)(1) While any resource home is being investigated because of a child maltreatment allegation, no additional children experiencing foster care may be placed there, regardless of whether an immediate safety plan or corrective action plan was required.

(2) As such, the resource home will be placed on unavailable status in the division information management system.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"02/2025" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-821 Initial report response {#sec-9-car-40-821 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-821}

Codification Notes: 9 CAR § 40-821, concerning an initial report response, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-822 Response to unsubstantiated findings {#sec-9-car-40-822 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-822}

Codification Notes: 9 CAR § 40-822, concerning a response to unsubstantiated findings, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-823 Response to true determination pending due process {#sec-9-car-40-823 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-823}

Codification Notes: 9 CAR § 40-823, concerning a response to a true determination pending due process, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-824 Response to true determination overturned on administrative appeal when the resource home is still open {#sec-9-car-40-824 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-824}

Codification Notes: 9 CAR § 40-824, concerning a response to a true determination overturned on administrative appeal when the resource home is still open, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-825 Response to true finding overturned on administrative appeal when the foster home has previously been closed {#sec-9-car-40-825 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-825}

Codification Notes: 9 CAR § 40-825, concerning a response to a true finding overturned on administrative appeal when the foster home has previously been closed, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-826 Response to true determination upheld on administrative appeal {#sec-9-car-40-826 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-826}

Codification Notes: 9 CAR § 40-826, concerning a response to a true determination upheld on administrative appeal, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-827 Changes in out-of-home placement {#sec-9-car-40-827 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-827}

9 CAR § 40-827. Changes in out-of-home placement.

(a)(1) The Division of Children and Family Services recognizes that stable placements for children in the Division of Children and Family Services custody result in a lesser amount of trauma to and better long-term outcomes for children who must experience foster care.

(2) Family preservation services or formal respite services shall be utilized if necessary to address issues in the out-of-home placement in order to prevent disruption.

(3) Notice will be provided as outlined below whenever a child:

(A) Has a change in out-of-home placement excluding normal age-appropriate activities;

(B) Stays with a resource family support system; or

(b) Resource parent request for placement change.

(1)(A) When resource parents request a child experiencing foster care be removed from their home, excluding an emergency that places the child or a family member at risk of harm, the resource parents must attend a family team meeting within forty-eight (48) hours of the request to discuss what services or assistance may be needed to stabilize the placement.

(B) This family team meeting does not impact other required family team meetings and should only be conducted to help stabilize the placement and planning for the child’s placement.

(2)(A) The child experiencing foster care, the child’s attorney ad litem, and a CASA, if appointed to the case, shall be notified so they can attend and participate in the family team meeting and planning for the child’s placement.

(B) Other participants may be invited to the family team meeting as appropriate (including but not limited to the child’s therapist or teacher).

(3)(A) If the placement cannot be stabilized as a result of the family team meeting, then the resource parents will continue to provide for the child experiencing foster care until an appropriate alternative placement is located, but this shall not be longer than five (5) business days from the day the family team meeting was held.

(B) Written notifications of any placement changes will be provided to all required parties as described below.

(1)(A) Nonemergency placement changes include a planned transfer to another resource home or residential setting that better meets the child’s needs, a trial home placement, and a return to the caregiver when a child exits care.

(B) Changes in placement shall be made only after notification to the:

(i) Age-appropriate child;

(ii) Resource parent;

(iii) Court;

(iv) Office of Chief Counsel attorney;

(v) Attorney ad litem; and

(vi) Child’s caregivers.

(C)(i) Notices shall be sent in writing two (2) weeks prior to the proposed change.

(ii) The notice shall:

(a) Specify reasons for the proposed change;

(b) Provide to the attorney ad litem the address of the proposed new out-of-home placement; and

(2) Exceptions to the advance notice requirement will be made if the:

(A) Immediate safety of the child would be endangered by delaying a change in placement (including court-ordered placements; see below for information regarding emergency placement changes); or

(B) Child is placed in a placement intended to be temporary until a stable placement can be located for the child.

(3)(A) The age-appropriate child will be notified of the right to:

(i) Appeal the change; and

(ii) Request assistance from the attorney ad litem.

(B) Preplacement visits shall be conducted when possible before a change in placement.

(4)(A) If a placement change is occurring because the child is exiting foster care, then as with all closures of permanency cases, an aftercare plan must be conducted to ensure the continuing safety of the child at case closure.

(B) The risk reassessment tool is to be used in determining case closure.

(5)(A) Minimum licensing standards require that a discharge summary (aftercare plan) be completed on each child and a copy given to the child’s caregivers if the Division of Children and Family Services has not been granted termination of parental right by the court.

(B) A copy of the aftercare plan must become a part of the child’s case file.

(d) Emergency placement changes.

(1)(A) Within twenty-four (24) hours of the emergency change in placement, the the Division of Children and Family Services shall notify the caregivers, the Office of Chief Counsel attorney, and the child’s attorney ad litem of the change.

(B) Within seventy-two (72) hours of the emergency change in placement, the Division of Children and Family Services shall provide written notice to the Office of Chief Counsel attorney and attorney ad litem with the:

(i) Name and address of the new out-of-home placement provider; and

(ii) Specific reasons justifying the change of placement without advance notice.

(2)(A) If an agent, employee, or contractor of the Division of Children and Family Services fails to comply with the emergency notice of change in placement requirements, then an action for violation of the requirement may be filed by any party to the action against the person who failed to comply with the requirement.

(B) The court will determine the assessment of punishment with the most probable punishment being cited as contempt of court.

(C) In addition, if the court finds the agent, employee, or contractor of the Division of Children and Family Services failed to comply with the requirement, then the court may order the Division of Children and Family Services or the agent, employee, or contractor to pay all of the costs of the proceedings brought under this requirement.

(e) Notification of placement changes to the Division of Children and Family Services Eligibility Unit.

(1) The Division of Children and Family Services Eligibility Unit will be notified automatically via the Division of Children and Family Services information management system when placement changes that are entered into CHRIS affect the child’s Medicaid eligibility.

(2) This includes when the child moves to an out-of-state placement, is placed in a Division of Youth Services facility or juvenile detention center, is on runaway status, is on a trial home visit, returns home, is adopted, or otherwise exits foster care.

(3) The child’s Medicaid case will close the date the child’s permanency case is closed.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"08/2013" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-828 Foster parent request for placement change {#sec-9-car-40-828 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-828}

Codification Notes: 9 CAR § 40-828, concerning a foster parent request for placement change, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-829 Nonemergency changes in out-of-home placement {#sec-9-car-40-829 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-829}

Codification Notes: 9 CAR § 40-829, concerning nonemergency changes in an out-of-home placement, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-830 Emergency changes in out-of-home placement {#sec-9-car-40-830 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-830}

Codification Notes: 9 CAR § 40-830, concerning emergency changes in an out-of-home placement, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-831 Financial support to resource parents {#sec-9-car-40-831 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-831}

9 CAR § 40-831. Financial support to resource parents.

(a) The Division of Children and Family Services provides foster care maintenance payments for a child experiencing foster care to help defray the costs of providing:

(1) Food;

(2) Shelter;

(3) Clothing;

(4) Daily supervision;

(5) Standard school supplies;

(6) A child’s personal incidentals;

(7) A reasonable monthly allowance to the child depending on the child’s age and other factors;

(8) Liability insurance with respect to the child; and

(9) Reasonable travel to the child’s daycare, school, or extracurricular activities.

(b)(1) The foster care maintenance payment is more frequently referred to as a monthly board payment.

(2) The monthly board payment is:

(A) For the period:

(i) Starting on the first of the month; and

(ii) Ending the last day of the month; and

(B) Paid by the fifteenth of the subsequent month.

(3) If a child is absent from the resource home for hospitalization or a trial placement for ten (10) days or less and is to return to that resource home, no change of status in the division information management system is necessary.

(4) However, the child's Social Service Specialist must always be advised of an absence from the home.

(5) The agency pays according to the number of nights a child is in the resource home.

(6) Payment for stays of less than twenty‐four (24) hours will be based upon a daily rate determined by the division.

(7) If a child is in the home for part of a month, a partial board payment will be made.

(c)(1) Resource parents may choose to have their board payment directly deposited into their checking account or issued as a paper warrant and mailed to the resource home.

(2) The division strongly encourages the use of direct deposit to prevent payment delays when a warrant is lost in the mail or misplaced.

(d)(1) For children who are Title IV‐E eligible and placed in a Title IV‐E reimbursable resource home, Title IV‐E funds the board payment.

(2) For children who are either not Title IV‐E eligible or who are placed in a non‐Title IV‐E reimbursable resource home, other appropriate funding streams fund the board payment.

(e) Standard board rate.

(1) The division shall pay resource parents a standard monthly board rate.

(2) The division shall review the amount of payment made for foster care maintenance every five (5) years to ensure continued appropriateness.

(f) Special board rate.

(1)(A) When resource parents are caring for a child with special needs and the child’s needs cannot be met with the standard board payment, the division may provide the resource parents with a board payment that exceeds the standard board rates.

(B) This is referred to as a special board rate.

(2) Increased special board rates.

(A)(i) The amount of higher special board rates will be based on:

(a) The nature and extent of the child’s special needs; and

(b) Any additional activities that a resource parent takes part in to support those needs.

(ii) Increased special board payments may also be considered when the resource parent is directly involved in certain family time activities that support reunification.

(B) Other reasons for an increased special board rate may occur under the following situations:

(i)(a) Board payments to youth in the Extended Foster Care Program.

(b) Refer to 9 CAR § 40-905, extended foster care, for requirements to continue board payments for youth eighteen to twenty‐one (18 – 21) years of age who participate in the Extended Foster Care Program and may qualify for an increased special board rate based upon their individualized budget.

(c) Board payments must end the day the youth elects to leave the Extended Foster Care Program or the end of the month of their twenty‐first birthday;

(ii)(a) Providing financial support for children of a minor experiencing foster care.

(b) When a minor experiencing foster care or young adult experiencing extended foster care has a child of their own who is placed in the same resource home or other provider setting, foster care maintenance payments made on behalf of the youth shall include the board amounts listed above based on the age of the minor or young adult’s child.

(c) For youth participating in the Extended Foster Care Program who live independently and have children of their own, the board payment for the youth in the Extended Foster Care Program may also be augmented to assist the youth in caring for their child in their custody.

(d) The maximum amount by which the youth’s board payment will be increased is the board amount listed above based on the age of the young adult’s child.

(e) The amount will also take into account the youth’s overall budget when determining the additional amount designed to help care for the child of the young adult; and

(iii)(a) Providing a comparable board rate to a placement state.

(b) Increased special board rates may also be approved for children experiencing foster care in Arkansas but placed via the Interstate Compact on the Placement of Children (ICPC), Arkansas Code § 9-29-201 et seq., with kin in another state.

(c) In these situations, the Assistant Director of Field Operations or designee may approve an increased special board rate up to the amount of the placement state’s standard foster care board rate for the age of the applicable child.

(C)(i) A special board rate becomes effective the day the Social Service Area Manager or Assistant Director, as applicable, authorizes the rate to become active.

(ii) Retroactive payments will be determined on a case‐by‐case basis and must be approved by the Social Service Area Manager or Assistant Director of Field Operations or designee.

(D) While the child remains in the resource home placement, local division staff will review the continuing need for a special board rate as directed by the Area Manager and, if appropriate, resubmit for reevaluation.

(E)(i) The special board rate will also be reviewed in consultation with new resource parents each time a child changes placement, to determine if:

(a) The new resource placement is providing the same level of care; and

(b) The child continues to have the same behaviors or special needs.

(ii) If the current approved special board rate is still appropriate, the Justification of Special Board Rate does not have to be completed again or sent through the approval process each time the child changes placement.

(F)(i) Division staff will inform the resource parents in writing of the ultimate decision to continue or discontinue any currently approved special board rate and the reason for that decision, noting that any continued approval for special board rate is for the period designated by the Social Service Area Manager and the documentation of continuing need must be reviewed accordingly.

(ii) Any increased special board rate request for a resource home that will serve as a preadoptive placement must be provided to the Social Service Area Manager or designee for review sixty (60) days prior to a preadoptive placement being made.

(3) Decreased special board rates.

(A)(i) A special board rate can also be a decrease in the standard board amount.

(ii) Federal law prohibits any individual from receiving more than one (1) federal payment designed to provide financial assistance for the care of another individual in their care.

(iii) As a result, the division will reduce a child’s monthly board payment rate dollar for dollar based on the amount of the monthly federal benefits that a child receives when the resource home provider is the payee for that child.

(iv) The resource parent will be expected to use the funds for which they are payee on behalf of the child to support the child’s care.

(v) In instances when the child’s federal benefits exceed the standard board amount, the division board amount entered will be zero dollars ($0).

(B) The only exception to reducing the division board amount when the child is receiving other federal benefits is when a child experiencing foster care receives Title II Death Benefits and the resource parent is the payee.

(C)(i) A child’s income must be monitored as a resource in the home and the payee for the income must report how the income is used based on the requirement for the issuing source of the income.

(ii) Resource parents are responsible for completing all reporting requirements to the payment source when becoming payee for a child’s benefits.

(iii) Resource parents are also required to report any change in payee status to the division.

(iv) To assist in this process, division staff will inquire about payee status during contacts in the resource home.

(g) Medical expenses.

(1) Medicaid is the primary payment source for medical and dental services for children experiencing foster care, including hospitalization.

(2) If a child experiencing foster care is eligible for Medicaid, resource parents are required to use a Medicaid provider for meeting the medical needs of the child.

(3) If Medicaid cannot cover such expenses, state funds may be a secondary payment option.

(4) Other services or supplies needed by the child must be authorized and approved by the division.

(5) A child will not be denied medical services due to being ineligible for Medicaid.

(h) Transportation.

(1) Transportation costs associated with the child’s family case plan, such as attending family team meetings and court as well as transporting the child to family time and medical appointments, may be reimbursed.

(2) Allowable transportation costs are reimbursed to the resource parent at a rate determined by the division.

(3) To be reimbursed, the resource parent must complete a travel reimbursement request in the designated web‐based system.

(4) Requests for travel reimbursement must be submitted at least monthly.

(i) Clothing.

(1)(A) A portion of the monthly board allowance is designed to go toward defraying the cost of clothing for a child placed in a resource home.

(B) The portion for clothing costs may be:

(i) Spent monthly; or

(ii) Saved and used for a larger purchase later.

(C) All receipts from the purchased clothes must be retained by the resource parent and given to the Resource Specialist during the Resource Specialist’s quarterly visit.

(2)(A) However, when a child first enters foster care, the division may issue an initial clothing order for the purchase of new clothing.

(B) Initial clothing orders will be issued on a case‐by‐case basis.

(D) The Social Service Specialist will assess what clothing items are needed.

(3)(A) Supplemental clothing orders may also be approved for circumstances in which a child experiencing foster care needs new clothing items that exceed the amount included in the monthly board payment.

(B) Examples include, but are not limited to, when:

(i) A child has a significant growth spurt;

(ii) A child has an event for a school, extracurricular, or faith‐based event that requires special attire; or

(iii) A child needs new items for an upcoming season.

(D) Supplemental clothing orders will be approved no more than once a quarter.

(4)(A) Children will be included in the selection of their own clothing as age and developmentally appropriate.

(B) All clothing purchased for a child experiencing foster care will be:

(i) Clean;

(ii) Well-fitting;

(iii) Seasonally appropriate; and

(iv) Comparable to community standards.

(C) Any clothing purchased for a child, whether through monthly board payment funds or supplemental clothing orders, and any other personal needs items will be sent with the child upon any change in placement.

(j) Incidental expense fund.

(1)(A) An incidental expense fund for children ages birth to thirteen (13) years of age exists to provide items and activities intended to help normalize a child’s life experience while in care.

(B) Examples include but are not limited to:

(i) Camp fees;

(ii) Extracurricular activities;

(iii) School uniforms;

(iv) Field trips; and

(v) Specialized school supplies such as graphing calculators required by the school.

(2)(A) The incidental expense fund is intended for items or activities that cost twenty‐five dollars ($25.00) or more and must be accompanied by documentation of need for the expense.

(B) Items covered by the monthly board payment or contracts are not eligible for reimbursement from this fund.

(3)(A) The Social Service Specialist will assist the resource parent in accessing these funding requests when the money is needed for a situation that meets these policy guidelines.

(B) These funding requests must also be approved by the division Financial Support Unit.

(D) Resource parents must have prior approval for such purchases.

(k) Transitional Youth Services funded through Chafee.

(1) Youth that are fourteen (14) years of age and older experiencing foster care are eligible for John H. Chafee Foster Care Program for Successful Transition to Adulthood funding for a variety of activities designed to promote normalcy, develop leadership skills, or help youth experiencing foster care prepare for adulthood.

(2) The maximum amount allowed for Chafee‐funded activities is dependent on the particular activity and must receive final approval from the Director of the Division of Children and Family Services or designee.

(3) Generally, the use of Chafee funding will be preapproved.

(4) However, Chafee funding may be provided on a reimbursement basis when necessary if all appropriate documentation is provided.

(l) Additional assistance with expenses.

(1) In addition to the items already described, the following items are allowable with the approval of the Social Service Area Manager or designee:

(A) Emergency medical services and drugs that are not covered by Medicaid; and

(B) Childcare or babysitting fees may also be defrayed with financial support from the division when the resource parent is required to attend resource parent training, if and when funding is available.

(2) This does not include childcare for a resource parent’s employment as any regular childcare arrangements for a child experiencing foster care will be arranged through the state’s Child Care Assistance Program.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"03/2024" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-832 Financial support to foster parents {#sec-9-car-40-832 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-832}

Codification Notes: 9 CAR § 40-832, concerning financial support to foster parents, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-833 Requesting a special board rate {#sec-9-car-40-833 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-833}

Codification Notes: 9 CAR § 40-833, concerning a request for a special board rate, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-834 Child missing from an out-of-home placement {#sec-9-car-40-834 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-834}

9 CAR § 40-834. Child missing from an out-of-home placement.

(a)(1) Occasionally there are instances when a child or youth may leave an out-of-home placement without authorization, run away, or otherwise go missing.

(2) Any of these instances will result in immediate action from the placement provider.

(b) In all instances of missing children, the Division of Children and Family Services will collaborate with the placement provider, law enforcement, and the National Center for Missing and Exploited Children (NCMEC) in an effort to locate the child.

(c)(1) Children experiencing foster care who are located after they run away from Interstate Compact on the Placement of Children (ICPC), Arkansas Code § 9-29-201 et seq., approved placements in another state are handled by the division ICPC office.

(2) However, if a pick-up order is issued, the Interstate Compact for Juveniles (ICJ), Arkansas Code § 9-29-401, applies.

(d)(1) Neither ICJ nor ICPC are applicable to children who are not experiencing foster care and are kidnapped (by either a custodial or noncustodial parent) and taken to another state.

(2) These situations are a matter between the legal custodian and law enforcement.

(3) However, for children with whom the division comes into contact due to an interference with a custody issue not related to a child who is in division custody, please refer to 9 CAR § 40-743, interference with custody.

(e) Child who may have been taken from an out-of-home placement.

(1)(A) If the placement provider has reason to believe the child was taken from the placement without authorization by another individual, then the placement provider will immediately notify local law enforcement, the youth’s primary Social Service Specialist, and supervisor.

(B) The out-of-home placement provider will also begin an immediate search for the child or youth.

(i) Searching the immediate premises; and

(ii) Searching the surrounding community or neighborhood.

(2) Upon notification from the placement provider, the youth’s primary Social Service Specialist and supervisor will ensure the following individuals are notified of the child’s disappearance:

(A) Social Service Area Manager; and

(B) Assistant Director of Field Operations or designee.

(3) The primary Social Service Specialist will then follow state and federal reporting guidelines.

(4) The Assistant Director of Field Operations or designee will then notify the Director of the Division of Children and Family Services.

(f) Child who may have run away.

(1)(A) If the placement provider has reason to believe the child left the out-of-home placement of their own accord (such as, if they run away), then the out-of-home placement provider will begin an immediate search for the child or youth.

(B) The search will entail the following actions:

(i) Searching the immediate premises; and

(ii) Searching the surrounding community or neighborhood.

(2)(A) If the child is located within one (1) hour of initiating the search, the placement provider will notify the primary Social Service Specialist and supervisor of the incident no later than the next calendar day.

(B) The child’s primary Social Service Specialist will document the incident (such as, if the child ran away but was located within one (1) hour) accordingly in the division information management system.

(C) The primary, or Social Service Specialist, as appropriate, will also complete a contact with the child and placement provider by the next business day to assess why the child ran away and what immediate steps may need to be taken to better support both the child and the placement provider.

(3)(A) If the child who is believed to have run away of their own accord cannot be located within one (1) hour of initiating the search, then at that point the out-of-home placement provider will immediately notify the youth’s primary Social Service Specialist and supervisor.

(B) The primary Social Service Specialist will then follow state and federal guidelines.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"07/2024" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-835 When a child is reported missing from an out-of-home placement {#sec-9-car-40-835 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-835}

Codification Notes: 9 CAR § 40-835, concerning a child reported missing from an out-of-home placement, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-836 When a child missing from an out-of-home placement is located {#sec-9-car-40-836 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-836}

Codification Notes: 9 CAR § 40-836, concerning the location of a child missing from an out-of-home placement, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

Subpart 9

9 CAR § 40-901 Transitional Youth Services {#sec-9-car-40-901 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-901}

9 CAR § 40-901. Transitional Youth Services.

(a)(1) The purpose of Transitional Youth Services (TYS) is to better prepare youth in Division of Children and Family Services custody, who are in an out-of-home placement or whose adoption or guardianship is finalized at sixteen (16) years of age or after, for successful transition to adulthood and to ensure that youth have access to an array of resources.

(2) The Division of Children and Family Services shall ensure that each youth experiencing foster care who reaches fourteen (14) years of age, or who enters foster care at or after fourteen (14) years of age, shall be provided the opportunity to take an active role in planning for their future.

(3) Youth entering foster care between the ages of fourteen (14) and eighteen (18) will be immediately referred to the Division of Children and Family Services Transitional Services Coordinator.

(b) The Division of Children and Family Services shall:

(1) Provide the youth with the opportunity to be actively engaged in all plans impacting their future, including, but not limited to a transitional plan and a life plan;

(2) Empower the youth with information regarding all available services and options and provide the youth with the opportunity to participate in services tailored to their individual needs and designed to enhance their ability to acquire the skills necessary to successfully enter adulthood;

(3) Assist the youth in developing and maintaining healthy relationships and life connections with nurturing adults who can be a resource and positive guiding influence in their life after leaving foster care;

(4) Provide the youth with basic information and documentation regarding their biological family and personal history;

(5)(A) Provide the youth with information that relates to the healthcare needs of youth aging out of foster care, including options for health insurance after exiting care and the importance of designating another individual to make healthcare treatment decisions on behalf of the youth, if he or she becomes unable to participate in such decisions and do not have, or do not want, a relative who would otherwise be authorized to make such decisions.

(B) Provide the youth with the option to execute a healthcare power of attorney, healthcare proxy, or other similar document recognized under state law; and

(6) Inform the youth of their right to stay in care until age twenty-one (21).

(c)(1) Each youth shall be given the opportunity to create a transitional plan which encompasses all the life skills, resources, and future-planning for the youth’s successful transition into adult life.

(2) The transition plan will be created with the support of the youth’s transitional team which will consist of adults whom the youth identifies as significant.

(3) The youth’s primary Social Service Specialist shall be responsible for the coordination of the youth’s transitional team and is responsible for the transitional plan and family case plan as reflected in the court report.

(4) The Transitional Services Coordinator is an appropriate support for some of the youth’s transitional plans and may serve on the transitional team if appropriate.

(5) Because APPLA is the least permanent goal for a youth, the family case plan and transitional plan shall address life connections.

(d)(1) The transitional plan shall allow for client protection.

(2) If a youth is identified as legally impaired and likely to become endangered, the transitional plan shall include automatic referrals to the Division of Developmental Disabilities Services or Adult Protective Services as appropriate.

(3) For youth with significant mental health issues, the transitional plan shall consider appropriate referrals and applications for post care services (such as, adult Social Security Insurance).

(4) The youth and their attorney shall have the right to attend all family team meetings and to fully participate in the development of the transitional plan, to the extent that the youth is able to participate medically and developmentally.

(e) Chafee services.

(1)(A) Each youth in Division of Children and Family Services custody, fourteen (14) years of age or older, is eligible for Chafee services.

(B) All Chafee services are voluntary.

(C) Services provided are primarily education-oriented and training-oriented and are intended to keep youth in school while they obtain life skills and participate in other life preparation activities and plans to promote a successful transition to adulthood.

(2) Chafee provides support for three (3) groups of the foster care population:

(A) Youth experiencing foster care, beginning at fourteen (14) years of age and continuing until the youth completes high school or other secondary educational program, may receive services such as life skills assessment, basic life skills training, and other services such as tutoring that can be approved on a case-by-case basis;

(B) Youth may choose to remain in care until the age of twenty-one (21) and are eligible for Chafee services if they meet any of the following conditions:

(i) Youth is completing secondary education or a program leading to an equivalent credential;

(ii) Youth is enrolled in an institution which provides post-secondary or vocational education;

(iii) Youth is participating in a program or activity designed to promote, or remove barriers to, employment;

(iv) Youth is employed for at least eighty (80) hours per month; and

(v) Youth is incapable of doing any of the above-described activities due to a medical condition, which incapability is supported by regularly updated information in the case plan; and

(C) If a youth was experiencing foster care on their eighteenth birthday, and the permanency case is closed, he or she will be eligible for after care services and support until twenty-one (21) years of age.

(3)(A) Chafee also provides support for youth whose adoption or guardianship is finalized at sixteen (16) years of age or older.

(B) Such youth are eligible for education training voucher and may attend youth development activities and life skills classes.

(4)(A) Assessments begin at fourteen (14) years of age and transitional services may begin at fourteen (14) years of age for youth already experiencing foster care.

(B) In cases where a youth younger than fourteen (14) years of age needs life skills training, the Director of the Division of Children and Family Services or designee may grant a waiver for services.

(5)(A) The Division of Children and Family Services shall provide, either directly or through contract, those services identified in the life skills assessment that are indicated to help the youth achieve independence.

(B) The family case plan and transition plan must identify and address the specific skill needs of each youth.

(C)(i) Each youth fourteen (14) to seventeen (17) years of age receiving transitional services shall be assessed annually using an appropriate life skills assessment tool.

(ii) However, an individualized assessment shall be conducted every six (6) months to determine the youth’s progress in acquiring basic life skills and the skills necessary for a successful transition to adulthood.

(D) Basic life skills will be assessed at each family team meeting held for a youth fourteen (14) years of age and older.

(E) When the youth turns eighteen (18) years of age, assessments will be highly individualized.

(6) If a youth was experiencing foster care on or after their sixteenth birthday and was adopted before their eighteenth birthday, he or she will be eligible for services until their twenty-first birthday.

(7) While incarcerated youth (including but not limited to prison, jail, or Division of Youth Services custody) are ineligible for Chafee funding, the youth shall still be given the opportunity to plan for their future.

(8) Opportunities shall be available for each resource parent caring for, or interested in caring for, a youth fourteen (14) years of age or older, and each Social Service Specialist responsible for any youth, age fourteen (14) years of age or older, in helping youth acquire basic life skills.

(9) Within thirty (30) days after the youth leaves foster care, the Division of Children and Family Services shall provide the youth the following:

(A) A full accounting of all funds held by the Division of Children and Family Services to which he or she is entitled;

(B) Information on how to access the funds; and

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"01/2011" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-902 Referral for transitional services {#sec-9-car-40-902 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-902}

Codification Notes: 9 CAR § 40-902, concerning a referral for transitional services, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-903 Youth transitional plan and life plan {#sec-9-car-40-903 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-903}

Codification Notes: 9 CAR § 40-903, concerning a youth transitional plan and life plan, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-904 Interagency support for youth with disabilities {#sec-9-car-40-904 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-904}

9 CAR § 40-904. Interagency support for youth with disabilities.

In order to promote continuity of care for youth with disabilities, the Adult Protective Services Unit of the Department of Human Services, the Division of Children and Family Services, the Division of Youth Services, the Division of Developmental Disabilities Services, and the Division of Behavioral Health Services have signed a memorandum of understanding that describes each division’s roles and responsibilities.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"06/2011" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-905 Extended foster care {#sec-9-car-40-905 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-905}

9 CAR § 40-905. Extended foster care.

(a)(1) Even after reaching the legal age of majority (that being eighteen (18) years of age), all youth need additional support and access to an array of resources as they continue their transition into adulthood.

(2) As such, youth who are eighteen through twenty-one (18 – 21) years of age, or such other age as may be required under federal law, may choose to participate in the Extended Foster Care Program for education, work, or other programs and services in order to help them achieve a successful transition into adulthood.

(b) Extended foster care provides case management services and support, as well as financial assistance with room and board costs for a youth who:

(1) Was adjudicated dependent or dependent-neglected;

(2) Was experiencing foster care at eighteen (18) years of age but is not yet twenty-one (21) years of age, or such other age as may be required under federal law;

(3) Wishes to participate in extended foster care to benefit from the program; and

(4) Is one (1) or more of the following:

(A) Completing secondary education or a program leading to an equivalent credential;

(B) Enrolled in an institution that provides post-secondary or vocational education;

(D) Employed for at least eighty (80) hours per month;

(E) Has a viable plan to meet the requirements of subdivisions (b)(4)(A) – (D) of this section; or

(F) Incapable of completing school or work activities above due to a documented medical condition, which incapability is supported by regularly updated information in the youth’s family case plan.

(c) Participation in extended foster care does not impede or otherwise alter any right afforded to the youth by virtue of their age of majority, including without limitation the right to consent to medical treatment or enter into contracts.

(d) A six-month review hearing is not required for a juvenile who is over eighteen (18) years of age and has elected to remain in extended foster care or to return to extended foster care.

(e) A copy of the youth’s entire record will be made available to them at no cost at the final transitional team meeting, which will occur within ninety (90) days of youth’s planned exit from care.

(f) Transitional Youth Services sponsor.

(1)(A) Youth who elect to participate in the Extended Foster Care Program will select a Transitional Youth Services (TYS) Sponsor.

(B) The sponsor will be a supportive adult with whom the youth already has a connection, such as the youth’s previous out-of-home provider.

(C) For youth who are unable to identify such an individual, staff may recommend someone who is already serving as a sponsor to other youth in extended foster care or a volunteer from the community.

(D) The role of the sponsor is to provide support and guidance to the youth as they transition to adulthood.

(E) The sponsor will also receive the board payment on the youth’s behalf.

(F) The sponsor will then assist the youth in managing the board payment according to their established budget developed by the youth and their transitional team.

(G) Exceptions for sponsors may be approved by the Director of the Division of Child and Family Services (the division) or designee.

(H) See 9 CAR § 40-907 [repealed], for more information regarding TYS sponsors.

(2)(A) Board payments for IV-E eligible youth may be made through Title IV-E funds as appropriate.

(B) Board payments for youth who are not IV-E eligible will be paid using state general revenue funds or other federal funds as allowed under federal law and regulations.

(g) Participation in extended foster care.

(1)(A) Youth who left foster care at eighteen (18) years of age or older may later participate in the Extended Foster Care Program if the youth submits a request in writing or in person to the division to participate in extended foster care.

(B) Division staff will inform the youth of the option to have a petition filed on their behalf by their previous attorney ad litem if the youth also wishes for the court to have jurisdiction over their extended foster care case.

(2)(A) After receiving a request to return to the Extended Foster Care Program, the youth’s case will be reopened in the division information management system by the next business day.

(B) A TYS sponsor will be secured and keyed with a corresponding board rate within seven (7) business days after the request to return to the Extended Foster Care Program is received.

(C) Additional urgency in keying the sponsor and board rate will be exercised as needed to ensure this information is keyed prior to the monthly board payment run that occurs after the youth’s return date.

(3) The division may discharge a juvenile from extended foster care program if the juvenile:

(A) Is over eighteen (18) years of age;

(B) Reenters extended foster care after having their request to reenter foster care approved; and

(C) Fails to engage in or have a viable plan to meet the extended foster care requirements listed above or have a viable plan to meet those requirements for more than sixty (60) days.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"05/2022"9 CAR § 40-907, concerning Transitional Youth Services sponsors, was repealed by Ark. R. 2026-74 (eff. July 1, 2026). History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-906 Extended foster care {#sec-9-car-40-906 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-906}

Codification Notes: 9 CAR § 40-906, concerning extended foster care, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-907 TYS sponsors {#sec-9-car-40-907 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-907}

Codification Notes: 9 CAR § 40-907, concerning Transitional Youth Services sponsors, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-908 After care services and support {#sec-9-car-40-908 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-908}

9 CAR § 40-908. After care services and support.

(a)(1) After care funds may provide assistance and services to youth who have left foster care because they have attained eighteen (18) years of age and who have not attained twenty-one (21) years of age.

(2) The youth must have been in foster care on their eighteenth birthday and not currently participating in the Extended Foster Care Program to be eligible for after care services and support.

(3) However, associated financial paperwork processes for after care services may begin prior to a youth’s exit from care in order to ensure a more seamless transition.

(4) After care is funded by the John F. Chafee Foster Care Program for Successful Transition to Adulthood grant award.

(b)(1) Additionally, a youth is encouraged to have a budget and a viable plan that includes participation in:

(A) Education;

(B) Employment; or

(2) If the youth is incapable of school or work requirements due to a documented medical condition, they are also eligible for after care.

(3) After care support:

(A) Is generally limited to five hundred dollars ($500) in any one (1) month; and

(B) May be requested for a total of two thousand dollars ($2,000).

(4) However, more than five hundred dollars ($500) per month may be provided to a youth on an as needed basis.

(5) After care support may include but is not limited to expenditures for housing, insurance, housing set-up, transportation, utility bills, or utility deposits.

(6) After care support does not include amounts available through the education and training voucher (ETV) program.

(c)(1) After care support is paid to the provider of the good or service rather than the youth.

(2) However, reimbursement may be made to the youth if the documentation of the expense as well as the paperwork needed by the division for reimbursement is provided.

(d) For youth who initially elect to participate in the Extended Foster Care Program, but then choose to leave that program prior to twenty-one (21) years of age, after care funding will still be available on a prorated amount based on the number of months remaining until the youth’s twenty-first birthday.

(e) Youth eligible for after care may also participate in life skills classes and staff may help with transportation needs of these youth as staff capacity allows.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"05/2022" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-909 After care and follow-up {#sec-9-car-40-909 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-909}

Codification Notes: 9 CAR § 40-909, concerning after care and follow-up, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-910 Termination of parental rights {#sec-9-car-40-910 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-910}

9 CAR § 40-910. Termination of parental rights.

(a)(1) All children have a right to a safe, permanent family.

(2) The Division of Children and Family Services shall develop and implement permanency plans for children.

(3) An option is to terminate parental rights to a child for adoptive placement, when it has been determined that reunification with the family is not a viable option.

(4) The court may consider a petition to terminate parental rights (TPR) if the court finds that there is an appropriate permanency placement plan for the child.

(5) A court may terminate the rights of one (1) parent and not the other parent if the court finds that it is in the best interest of the child.

(b) It is not required that a permanency planning hearing be held as a prerequisite to the filing of a petition to terminate parental rights, or as a prerequisite to the court considering a petition to terminate parental rights.

(1)(A) A child (of any age) has been in an out-of-home placement for fifteen (15) of the most recent twenty-two (22) months.

(B) The petition must be filed by the end of the child’s fifteenth month in foster care.

(i) Will calculate the fifteen (15) out of the most recent twenty-two-month period from the date the child entered foster care;

(ii) Will use a cumulative method of calculation when a child experiences multiple exits from and entries into foster care during the twenty-two-month period; and

(iii) Will not include trial home visits or runaway episodes in calculating fifteen (15) months in foster care; or

(2) The parent is found by a court of competent jurisdiction to:

(A) Have committed murder of any child;

(B) Have committed manslaughter of any child;

(D) Have committed a felony battery that results in serious bodily injury to any child or have aided or abetted, attempted, conspired, or solicited to commit felony battery that results in serious bodily injury to any child;

(E) Have subjected any child to aggravated circumstances (see 9 CAR § 40-102, definitions);

(F) Have had their parental rights involuntarily terminated as to a sibling of the child; or

(G) Have abandoned an infant, as defined at Arkansas Code § 9-27-303(2) (the petition to TPR will be made within thirty (30) days of the judicial determination that the child is an abandoned infant).

(d) The petition to terminate parental rights will be made within thirty (30) days of a judicial determination that reasonable efforts to reunify the child and parent are not required.

(e) The division may elect not to file or join a petition to terminate parental rights if:

(1) The child is being cared for by a relative, the relative has made a long-term commitment to the child, and the relative is willing to pursue guardianship or permanent custody of the juvenile;

(2) The child is being cared for by their caregiver who is experiencing foster care, and TPR is not in the best interest of the child;

(3) The division has documented in the family case plan a compelling reason why filing such a petition is not in the best interest of the child and the court approves the compelling reason as documented in the family case plan; or

(4) The division has not provided to the family of the child, consistent with the time period in the family case plan, such services as the division deemed necessary for the safe return of the child to the child’s home if reunification services were required to be made to the family.

(f) If a juvenile is the subject of an open case filed under the Arkansas Juvenile Code, Arkansas Code § 9-35-101 et seq., the Office of Chief Counsel will file all subsequent petitions (including but not limited to TPR, adoption, guardianship) in that same circuit court and case.

(g) If the court adopts the goal of termination of parental rights, the division shall file a petition to terminate parental rights within thirty (30) days from the date of the entry of the order establishing such goal.

(h) If the court finds that the child should remain in an out-of-home placement, either long-term or otherwise, the child’s case shall be reviewed every six (6) months, with an annual permanency planning hearing.

(i) Additionally, if the child has been in an out-of-home placement fifteen (15) of the last twenty-two (22) months, and a termination petition has been filed by another party, the division will seek to join the petition.

(j) Concurrent with the filing of a termination petition, the division will identify, recruit, process, and approve a qualified family for adoption.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"08/2013" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-911 Division of Children and Family Services initiates termination of parental rights {#sec-9-car-40-911 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-911}

Codification Notes: 9 CAR § 40-911, concerning a termination of parental rights initiated by the Division of Children and Family Services, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-912 Court initiates termination of parental rights {#sec-9-car-40-912 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-912}

Codification Notes: 9 CAR § 40-912, concerning a termination of parental rights initiated by a court, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-913 Custodial/noncustodial parent or parents requests termination of parental rights {#sec-9-car-40-913 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-913}

Codification Notes: 9 CAR § 40-913, concerning a request for termination of parental rights by the custodial/noncustodial parent or parents, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-914 Fast track adoption under Garrett’s Law {#sec-9-car-40-914 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-914}

Codification Notes: 9 CAR § 40-914, concerning fast track adoption under Garrett's Law, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-915 Decisions involving children in Department of Human Services custody whose parents’ rights have been terminated {#sec-9-car-40-915 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-915}

9 CAR § 40-915. Decisions involving children in Department of Human Services custody whose parents’ rights have been terminated.

(a)(1) The Department of Human Services, Division of Children and Family Services, has designated the Social Service Area Manager or designee as having the authority to give consent for major decisions for children under the age of eighteen (18) whose parental rights have been terminated.

(2) The Social Service Area Manager or designee will make decisions regarding such consents with input from local division staff who work directly with the child, as well as other members of the child’s team such as the child’s attorney ad litem, Court Appointed Special Advocate, and therapist, as applicable.

(3) Major decisions that require the Social Service Area Manager’s or designee’s written consent include:

(A) Marriage;

(B) Entry into the United States Armed Forces;

(D) Media release that identifies the child as experiencing foster care (also requires consultation with the department Office of Communications, the department Privacy Officer, and the child’s attorney ad litem).

(b)(1) For youth eighteen to twenty-one (18-21) years of age who elect to participate in the Extended Foster Care Program, the Social Service Manager’s or designee’s consent is not required for the decisions listed above.

(2) However, division staff will hold a family team meeting with the youth and the youth’s team to discuss the benefits and drawbacks associated with such decisions and to provide guidance to the youth as needed.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"01/2021" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-916 Birth parents relinquishing infants for adoption under the Safe Haven Act {#sec-9-car-40-916 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-916}

9 CAR § 40-916. Birth parents relinquishing infants for adoption under the Safe Haven Act.

(a) Any medical provider, law enforcement agency, or fire department will take possession of a child who is thirty (30) days old or younger, without a court order, if the parents of the child, without expressing an intent to return for the child, leave the child:

(1) With or voluntarily deliver the child to a medical provider (including when a parent leaves a newborn child with a medical provider staff member after delivery of the newborn child), law enforcement agency, fire department; or

(2) In a newborn safety device as described in Arkansas Code § 9‐34‐202.

(b) A medical provider, law enforcement agency, or fire department that takes possession of a child under the Safe Haven Act will perform any act necessary to protect the physical health and safety of the child.

(c) A medical provider, law enforcement agency, or fire department will keep the identity of a parent who relinquishes a child under Safe Haven provisions confidential and will not release or otherwise make the identity of the parent available, except to a:

(1) Law enforcement agency investigating abuse or neglect of the child that was committed before the child was relinquished; or

(2) Prosecuting attorney pursuing charges against a parent for abuse or neglect of the child that was committed before the child was relinquished.

(d)(1) If the identity of a parent or child is released or made known to the Department of Human Services in violation of Arkansas Code § 9‐34‐202(b)(2), the case shall proceed as a dependency‐neglect action, but with the same protections from liability as if an anonymous Safe Haven surrender was made.

(2) As such, the parent shall not be held criminally liable for the relinquishment or have a true finding of maltreatment or abandonment entered against the parent if that parent’s identity is known and the department proceeds under Arkansas Code § 9‐27‐341.

(3) Rather, a “true but exempt” selection will be made, as applicable, in the division information management system.

(e) Further, the division shall not subsequently use a resulting termination of parental rights against a parent who surrendered their child as allowed under the Voluntary Placement of a Child chapter, Title 9, Chapter 34, in Arkansas law.

(f)(1) Upon delivery of the child (to a medical provider, law enforcement agency, or fire department), an appropriate employee (of the medical provider, law enforcement agency, or fire department) will take the child into protective custody for seventy‐two (72) hours under the Child Maltreatment Act, Arkansas Code § 12-18-101 et seq.

(2) The person taking the child into protective custody will immediately notify the division.

(g)(1) The division will contact the Office of Chief Counsel to request a petition be filed with the court for an order of emergency custody.

(2) The division will also utilize the Attorney General’s Missing Children Services Program along with any other national and state resources to determine whether the child is a missing child before placing the infant in an appropriate legal risk adoptive placement.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"03/2024" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-917 Selection, preparation, and finalization of adoptive placements {#sec-9-car-40-917 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-917}

9 CAR § 40-917. Selection, preparation, and finalization of adoptive placements.

(a) Jurisdiction and residency requirements.

(1) The Division of Children and Family Services will participate in the adoption of a minor who is in Department of Human Services custody or for whom the court has retained jurisdiction only if either the person seeking to adopt the child, or the child, is currently a resident of Arkansas.

(2)(A) The family planning to adopt may live in Arkansas or reside out-of-state and have an approved adoption home study from a licensed adoption agency in their state.

(B) The family’s home study must be on file in the Adoption Services Unit.

(3) Residency to determine jurisdiction over an adoption may be established in accordance with one (1) of the three (3) following sets of criteria:

(A) A child under the age of six (6) months is a resident of Arkansas if:

(i) The biological mother resided in Arkansas for more than four (4) months prior to the child’s birth;

(ii) The child was born in Arkansas or in any city which adjoins the state line or is separated only by a navigable river from an Arkansas city which adjoins the state line; and

(iii) Or in the case of a nonresident adoptive family, upon receipt of Interstate Compact on the Placement of Children (ICPC), Arkansas Code § 9-29-201 et seq., approval, the child and the prospective adoptive parents may go back to their state of residence and subsequently may return to Arkansas for a hearing on the petition for adoption;

(B) A child over the age of six (6) months is a resident of Arkansas if that child:

(i) Has resided in this state for at least six (6) months;

(ii) Currently resides in Arkansas; and

(iii) Is present in this state when the petition for adoption is filed and heard by a court of competent jurisdiction; or

(i) Occupies a dwelling within the state;

(ii) Has a present intent to remain within the state for a period of time; and

(iii) Manifests the genuineness of that intent by establishing an ongoing physical presence within the state with indications that the person’s presence within the state is something other than merely transitory in nature.

(b) Development and assessment of adoptive placements.

(1)(A) The Division of Children and Family Services recruits, assesses, prepares, and retains resource families interested in adoption.

(B) Development and maintenance of resource homes, including homes designated for adoptive services (to include preadoptive services), will be done as required by policies within 9 CAR § 40-801 et seq.

(C) Criteria for consideration in determining the appropriateness of homes wishing to provide adoptive services will be the same as that of any other approved resource home as outlined in policies within 9 CAR § 40-801 et seq.

(2)(A) When identifying an adoptive family, the Division of Children and Family Services focuses on finding families for children rather than finding children for families.

(B) Assessment and preparation of prospective resource families, that desire to adopt, are completed according to a specific child’s needs.

(C) The child’s health, safety, and well-being will be of paramount concern in the development of the adoptive placement.

(3)(A) Members of the adoptive household must be physically capable of sustaining a meaningful relationship with the child on a level that meets the child’s developmental and therapeutic needs until the child reaches the age of majority.

(B) The adoptive caregivers must be physically capable of providing the child with opportunities for growth and development both emotionally and socially.

(4)(A) Each family and child will be carefully assessed and prepared for adoption.

(B) The Division of Children and Family Services provides preplacement services for adoptions to move children into adoptive families in a timely manner.

(C) A child experiencing foster care, placed in an adoptive home, continues status as a child in foster care until finalization of the adoption.

(5)(A) A child experiencing foster care may be placed in a relative or fictive kin resource home that may later adopt the child as appropriate and when in the best interest of the child.

(B) When appropriate, a child’s relatives will also be pursued as possible adoptive placements including after termination of parental rights (TPR) (see 9 CAR § 40-910, termination of parental rights) and even if those relatives had not previously or are not currently serving as a relative resource home.

(6)(A) When in the best interest of the child, the Division of Children and Family Services supports adoption by resource parents or provisional resource parents, who have a well-established relationship with the child in their care and who express an interest in adoption without regard to any racial or ethnic differences.

(B) A child experiencing foster care, who resides in a residential or long-term care facility due to illness or disability, may be adopted by a person who has been approved by the Division of Children and Family Services.

(7)(A) Division of Children and Family Services employees who are related to children experiencing foster care may be approved to adopt their relatives, if they are an appropriate placement.

(B) Other Division of Children and Family Services employees may apply to become resource parents with the intent of adopting.

(C) These employee applications will be considered on a case-by-case basis and must have Director of the Division of Children and Family Services approval.

(8)(A) Siblings will be placed together in the same adoptive home.

(B) Siblings may only be placed separately upon written documentation by a mental health professional, or a judicial ruling that placement of the siblings together would be detrimental to their best interests or is otherwise not possible at the time of placement due to treatment needs of one (1) or more of the siblings (for example, one (1) of the children is currently in a residential treatment facility and will need to be placed with the siblings in the adoptive home upon completion of treatment).

(1) Recruitment for an adoptive placement for a child may begin at any point as appropriate while the child is experiencing foster care.

(2) However, children may not attend matching events until after termination of parental rights has occurred and all relatives and fictive kin for the child have been explored as permanency options for the child.

(3) A thorough search for and evaluation of all relatives and fictive kin must be documented prior to beginning nonrelative recruitment efforts for a child.

(4) Children will attend matching events after termination of parental rights has occurred, even if an appeal of the termination of parental rights is pending.

(5) However, recruitment efforts will not include use of the Arkansas Heart Gallery if an appeal of the termination of parental rights is pending.

(d) Legal risk placements.

(1) A legal risk placement is a preadoptive placement with a resource family, involving a child whose parents’ rights have not been terminated or an appeal of termination of parental rights is pending.

(2) Legal risk placements may be considered at any time after a child enters foster care.

(3) The Division of Children and Family Services may, in consultation with other parties to the case, consider a legal risk placement when there is limited likelihood that reunification will occur.

(4) The Division of Children and Family Services will be purposeful in the use of legal risk placement, by carefully assessing each individual family’s circumstances and the best interest of the child.

(e) Disclosure preparation and requirements.

(1)(A) As soon as an adoptive placement is identified for a child, the Adoption Specialist will create a disclosure for adoption packet for each adoptive child in preparation for formal disclosure to prospective adoptive families.

(B) During the formal disclosure, once the prospective adoptive parents are identified, the Adoption Specialist will discuss the disclosure packet in detail with them.

(C) The disclosure packet is a detailed, health, genetic, and social history of the child, which excludes identifying information pertaining to parents or members of a parent’s or parents’ family.

(D) The information shall be set forth in a document that is separate from any document containing information identifying the parents or members of the parents’ family.

(2)(A) The “Disclosure for Adoption”, shall be identified as a detailed, written, health, genetic, and social history, and shall be filed with the clerk before the entry of the adoption decree.

(B) Upon order of the court for good cause shown, the clerk of the circuit court may tender to a person identified by the court a copy of the disclosure for adoption.

(3)(A) If there is a pending child maltreatment report on the family, the Adoption Specialist will stop proceedings until a determination is made.

(B) The investigation is to be reviewed and discussed with the Adoption Supervisor and the Adoption Manager.

(f) Death of a child in a preadoptive placement.

(1)(A) When a child in a preadoptive placement dies prior to the finalization of the adoption decree and there is no probable cause to suspect abuse or neglect, the presumptive adoptive parents may be entitled to an adoption decree and birth certificate for the deceased child.

(B) All postmortem adoptions require Division of Children and Family Services consent.

(C) The preadoptive parents may also be eligible for additional court approved services and accommodations upon request for postmortem adoption services but will not be eligible for an adoption subsidy (this does not refer to legal assistance provided by the Office of Chief Counsel when finalizing the adoption decree).

(2) Specific to the issue of postmortem adoptions, preadoptive homes include:

(A) Placements where the child has been placed in resource care for preadoption with parental rights terminated;

(B) Resource homes in which the parents have made a formal request to adopt a child currently placed in their home for foster care; and

(C) Any home in which a provisional resource parent with custody has submitted official notice of intent to adopt the child placed with them.

(3) However, if the child’s death is a result of abuse or neglect on the part of the preadoptive parents the adoption decree will not be finalized through the division.

(g) Residency requirements and waiver. To comply with Arkansas Code § 9-9-213, in an adoption where the child is in the custody of the Division of Children and Family Services, a final decree of adoption shall not be issued and an adoption does not become final until the minor to be adopted has lived in the home for at least six (6) months unless:

(1) The minor to be adopted must reside outside the home to receive medically necessary health care;

(2) The minor to be adopted is less than six (6) months of age; or

(3) The Director of the Division of Children and Family Services waives the residency requirement for a minor to be adopted when the minor is (16) years of age or older and is participating in a life skills, technical, or vocational program.

(h) Services and supports to preadoptive and postadoptive placements. The Division of Children and Family Services works to support resource families and children placed in resource homes in preadoptive placements and after the finalization of adoptions, to ensure that adoption, when that is the best permanency option, is timely, well-supported, and lifelong.

(i) Adoption records.

(1) All records of any adoption finalized in the State of Arkansas shall be maintained for ninety-nine (99) years.

(2) The Juvenile Division of Circuit Court shall retain jurisdiction to issue orders of adoption when a juvenile is placed outside the State of Arkansas, unless the court allows for finalization in the receiving state.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"01/2021" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-918 Adoption staffing recommendations {#sec-9-car-40-918 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-918}

Codification Notes: 9 CAR § 40-918, concerning adoption staffing recommendations, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-919 Identification of an adoptive placement disclosure {#sec-9-car-40-919 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-919}

Codification Notes: 9 CAR § 40-919, concerning the identification of an adoptive placement disclosure, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-920 Disclosure, preplacement, and placement activities {#sec-9-car-40-920 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-920}

Codification Notes: 9 CAR § 40-920, concerning disclosure, preplacement, and placement activities, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-921 Legal risk placement {#sec-9-car-40-921 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-921}

Codification Notes: 9 CAR § 40-921, concerning legal risk placement, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

Codification Notes: 9 CAR § 40-922, concerning a petition to adopt filed without prior knowledge or consent of the Division of Children and Family Services, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-923 Postplacement services {#sec-9-car-40-923 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-923}

Codification Notes: 9 CAR § 40-923, concerning postplacement services, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-924 Disruption of preadoptive placement {#sec-9-car-40-924 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-924}

Codification Notes: 9 CAR § 40-924, concerning disruption of a preadoptive placement, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-925 When a child dies prior to finalization for adoption {#sec-9-car-40-925 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-925}

Codification Notes: 9 CAR § 40-925, concerning the death of a child prior to finalization for adoption, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-926 Finalization of an adoption {#sec-9-car-40-926 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-926}

Codification Notes: 9 CAR § 40-926, concerning the finalization of an adoption, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-927 Postadoption services {#sec-9-car-40-927 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-927}

9 CAR § 40-927. Postadoption services.

After an adoption has been finalized, the following services may be offered to help preserve adoptive families:

(1) Adoption subsidy;

(2) Casework management;

(3) Education and training;

(4) Family support services;

(5) Information about, and referral to, service providers;

(6) Mutual consent voluntary adoption registry;

(7) Resource library;

(8) Respite care; and

(9) Support groups.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"01/2021" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-928 Legal custodian petition to adopt a child previously experiencing foster care {#sec-9-car-40-928 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-928}

9 CAR § 40-928. Legal custodian petition to adopt a child previously experiencing foster care.

(a)(1) When a child experiencing foster care achieves permanency through a guardianship or an order of permanent custody, the child’s guardian or custodian may wish to adopt the child in the future.

(2) The guardian or custodian may request that the Division of Children and Family Services provide services to assist the guardian or custodian with the adoption.

(b)(1) The division will forward a request for adoption services to the division’s contracted provider for legal services.

(2) The legal services contract provider will review the request and determine if adoption is likely to be granted under the circumstances.

(3) If there is likelihood of success in finalizing an adoption for the guardian or custodian, the division will request that the legal services contract provider proceed with initiating the adoption proceedings on the guardian or custodian’s behalf.

(c)(1) In such circumstances, the division will encourage individuals to become a fully approved resource home.

(2) If a child was IV-E eligible prior to the guardianship or custody order being granted, then the child is eligible for an adoption subsidy.

(3) If a child was non-IV-E eligible prior to the guardianship or custody order being granted, then the child is not eligible for adoption subsidy.

(d) The legal services contract provider will enter into a representation agreement with the guardian or custodian and the division will agree to pay for the associated fees pursuant to the division’s contract with the provider for legal services.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"01/2021" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-929 Legal custodian petition to adopt a child previously in foster care {#sec-9-car-40-929 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-929}

Codification Notes: 9 CAR § 40-929, concerning a petition by a legal custodian to adopt a child previously in foster care, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-930 Adoption subsidy {#sec-9-car-40-930 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-930}

9 CAR § 40-930. Adoption subsidy.

(a)(1) The Division of Children and Family Services provides an adoption subsidy as a service to assist in making adoption possible for a child, who, with special needs, might not otherwise be adopted and for whom a family is not readily available.

(2) A subsidy is allocated for the purpose of meeting the needs of the child.

(3) In addition, payments for one-time expenses, known as a nonrecurring adoption subsidy, may be obtained in order to reimburse the family for out-of-pocket preadoptive or finalization expenditures.

(b)(1) A child must be legally free for adoption with parental rights terminated for an adoption subsidy to be put in place.

(2) No payment may be made to parents with respect to any applicable child that:

(A) Is not a citizen or resident of the United States;

(B) Was adopted outside of the United States; or

(3) A child that is not a citizen or resident of the United States, was adopted outside the United States, or brought into the United States for the purpose of being adopted, may become eligible for adoption assistance payments if:

(A) The initial adoption of the child by the parents is a failure; and

(B) The child is subsequently placed into foster care.

(c) A child experiencing foster care placed in an adoptive home continues status as a child in foster care until finalization of the adoption and the adoption subsidy is initiated.

(d) Any individual who is adopting or who is considering adopting a child who is in foster care will be notified of their potential eligibility for a Federal Adoption Tax Credit.

(e) The adoptive parents are required to inform the division of circumstances that would make them ineligible for adoption assistance payments or eligible for adoption assistance payments in a different amount.

(f) Adoption subsidies can be funded through federal Title IV-E adoption assistance or state funds depending on the child’s eligibility.

(g) Federal Title IV-E subsidy. To be eligible for federal Title IV-E adoption assistance, the child must meet the special needs determination and IV-E eligibility rules.

(h) Special needs determination. To be considered a child with special needs, a child must meet the criteria below:

(1) The state has determined the child cannot or should not be returned to the home of their parents;

(2)(A) The state has determined that a specific factor or condition, or combination of factors and conditions, make the child more difficult to place for adoption without providing Title IV-E adoption assistance or Title XIX medical assistance.

(B) In Arkansas these factors are:

(i) A Caucasian child nine (9) years of age or older;

(ii) A child of color who is two (2) years of age or older;

(iii) A member of any sibling group being placed together, who share at least one (1) biological parent and who have either lived together or otherwise developed a bond prior to adoptive placement; or

(iv)(a) A child with a severe medical or psychological need that requires ongoing rehabilitation or treatment.

(b) Children at high risk for the development of a serious physical, mental, developmental, or emotional condition may also be considered special needs if documentation of the risk is provided by a medical professional specializing in the area of the condition for which the child is considered at risk, including children exposed to or affected by maternal misuse of substances at birth (Garrett’s Law).

(c) But no subsidy payment will be made without documentation that the child has developed the actual condition (see 9 CAR § 40-931 [repealed]); and

(3)(A) The state must determine that in each case a reasonable, but unsuccessful, effort to place the child with appropriate parents without providing adoption assistance has been made such as the use of adoption exchanges, referral to appropriate specialized adoption agencies.

(B) The exception to this requirement is when it would not be in the best interests of the child because of factors such as the existence of significant emotional ties with prospective adoptive parents while in the care of those parents as a child experiencing foster care or adoption by a relative.

(C)(i) In an effort to find an appropriate adoptive home for a child, and meet the requirement that a reasonable, but unsuccessful, effort be made to place the child without adoption assistance, the division will not unnecessarily lengthen the child’s time experiencing foster care in doing so.

(ii) Once it is determined that placement with a certain family is in the child's best interest, the division will continue to work toward adoption finalization.

(D)(i) If it is determined that the child cannot or should not return home and the child meets the special needs definition, then the Adoption Specialist can pose the question of whether the prospective adoptive parents are willing to adopt without assistance.

(ii) If they say they cannot adopt the child without adoption assistance, the requirement for a reasonable, but unsuccessful, effort to place the child without providing adoption assistance will be met.

(E) It must be documented in each child's case record the specific factors that make the child difficult to place and describe the efforts to place the child for adoption without providing assistance.

(i) Title IV-E eligibility rules.

(1) Once the above special needs criteria are met, there are six (6) ways by which a child can be eligible for Title IV-E adoption assistance.

(2) The child only needs to qualify in one (1) of the following ways:

(A)(i) The child is AFDC-eligible.

(ii) Adoption assistance eligibility that is based on a child’s AFDC eligibility is predicated on a child meeting the criteria both at the time of removal and in the month the adoption petition is initiated.

(iii) At the time adoption proceedings were initiated, the child must have been removed from the home of a specified relative as a result of a judicial determination to the effect that continuation therein would be contrary to the welfare of the child.

(iv) For the purpose of adoption assistance, a child must meet the AFDC criteria in the specified relative’s home from which he or she was removed.

(v) In addition, the special needs determination must be made prior to finalization of the adoption;

(B)(i) The child is eligible for Supplemental Security Income (SSI) benefits.

(ii) A child is eligible for adoption assistance if, at the time the adoption petition is filed, the child meets the requirements for Title XVI Supplemental Security Income benefits, and prior to the finalization of the adoption is determined by the state to be a child with special needs.

(iii) There are no additional criteria that a child must meet to be eligible for Title IV-E adoption assistance when eligibility is based on a child with special needs meeting Supplemental Security Income requirements.

(iv) Specifically, how a child is removed from their home or whether the state has responsibility for the child’s placement and care is irrelevant in this situation.

(v) The child’s eligibility for Supplemental Security Income benefits must be established no later than at the time the adoption petition is filed;

(C)(i) The child is eligible as a child of a minor parent.

(ii) A child is eligible for Title IV-E adoption assistance in this circumstance if:

(a) The child’s parent is experiencing foster care and receiving Title IV-E foster care maintenance payments that cover both the minor parent and the child at the time the adoption petition is initiated; and

(b) Prior to the finalization of the adoption, the child of the minor parent is determined by the state to meet the definition of a child with special needs.

(iii) There is no requirement that a child must have been removed from the home as a result of a judicial determination.

(iv) However, if the child and minor parent have been separated in foster care prior to the time of the adoption petition, the child’s eligibility for Title IV-E adoption assistance must be determined based on the child’s current and individual circumstances;

(D)(i) Age at adoption.

(ii) All children will be eligible based on age.

(iii) Younger children adopted with their age-eligible siblings are also IV-E eligible;

(E)(i) Length of time experiencing foster care.

(ii) Children with special needs who have been in care for at least sixty (60) consecutive months become eligible for IV-E adoption assistance.

(iii) Siblings of these children will also be eligible (regardless of their length of time in care) if they are adopted with the eligible sibling; and

(F)(i) The child is eligible due to prior Title IV-E adoption assistance eligibility.

(ii) In the situation where a child is adopted and receives Title IV-E adoption assistance, but the adoption later dissolves or the adoptive parents die, a child may continue to be eligible for Title IV-E adoption assistance in a subsequent adoption.

(iii) The only determination that must be made by the state prior to the finalization of the subsequent adoption is whether the child is a child with special needs.

(iv) Need and eligibility factors must not be redetermined when such a child is subsequently adopted because the child is to be treated as though their circumstances are the same as those prior to their previous adoption.

(v) Since Title IV-E adoption assistance eligibility need not be reestablished in such subsequent adoptions, the manner of a child’s removal from the adoptive home, including whether the child is voluntarily relinquished to an individual or private agency, is irrelevant.

(j) State subsidy.

(1) A state funded adoption subsidy may be available to a child who is not IV-E eligible, provided that the child is in division custody and meets the special needs definition.

(2)(A) A state legal subsidy may be defined as the Office of Chief Counsel legal services provided for children in division custody.

(B) A legal subsidy does not include the use of a private attorney.

(C) The children are eligible for a legal subsidy whether or not they meet the criteria for special needs and without regard to eligibility for IV-E, state maintenance subsidy, or nonrecurring subsidy.

(D) Adoption assistance payments may be terminated if it is determined that:

(i) The child has attained eighteen (18) years of age;

(ii) The parents are no longer legally responsible for the support of the child; or

(iii) The child is no longer receiving support from the adoptive parents.

(k) Subsidy amount.

(1) If eligible, the division will make adoption assistance payments to adoptive parents in amounts so determined through an adoption assistance agreement.

(2) The amount of such payment:

(A) Will take into account the circumstances of the adopting parents and the needs of the child being adopted;

(B) May be adjusted periodically with the concurrence of the adoptive parents to reflect changing circumstances; and

(C) May not exceed the child’s foster care maintenance payment that is in effect at the time a subsidy is approved (if the child with respect to whom the adoption assistance payment is made had been in a resource home).

(3)(A) A request for a larger monthly adoption maintenance subsidy may be made for a child who has received a higher than standard monthly foster care board payment.

(B) A monthly subsidy payment cannot exceed the child’s foster care board rate which is in effect at the time a subsidy is approved.

(4)(A) Special board rate formulas and procedures will be used strictly as guides in determining an appropriate nonstandard rate to discuss with the family and to use in negotiating a lower subsidy rate (when appropriate).

(B) No subsidy will exceed four hundred sixty dollars ($460) above the standard board rate for the child’s age group.

(C) However, if the child is Supplemental Security Insurance eligible, the rate can go up four hundred and sixty dollars ($460) above the Supplemental Security Insurance rate.

(5)(A) Special subsidies are state funded, and the Adoption Subsidy Coordinator, Adoption Services Unit, will consider the child’s eligibility on a case-by-case basis.

(B) The consideration will be based on the information developed during the Adoption Specialist’s determination of the child’s special needs in relation to adoption planning.

(C) The adoptive parent’s gross income will be considered, as well as other financial resources and health insurance, in determining eligibility for a special subsidy.

(D) For more information, see 9 CAR § 40-931, initial application for adoption subsidy [repealed].

(l) Subsidy denial.

(1) If any application for an adoption subsidy for a child under eighteen (18) years of age is initially denied, in accordance with federal regulations, the adoptive family may appeal the decision.

(2) The types of situations that would constitute grounds for an appeal include:

(A) Relevant facts regarding the child, the biological family or the child’s background were known, but not presented to the adoptive parents prior to the adoption’s finalization;

(B) Any subsidy decision which the adoptive parents deem adverse to the child;

(D) Failure by the division to advise adoptive parents of the availability of adoption assistance.

(3)(A) If an appeal is upheld, the child may be eligible for a federal (Title IV-E) or state subsidized adoption.

(B) The effective date of a federal (Title IV-E) retroactive subsidy payment will be the date of final order issued by the administrative law judge.

(m) Subsidy extension.

(1)(A) Adoption assistance payments may be extended to twenty-one (21) years of age if the child has a mental or physical disability which warrants continuation and a federally funded subsidy or state maintenance is received.

(B) If the state determines the youth has a mental or physical handicap that warrants the continuation of the adoption subsidy assistance up to twenty-one (21) years of age, that youth is not subject to the education and employment requirements listed below for youth eighteen (18) through twenty-one (21) years of age.

(2)(A) Requests for extension of adoption subsidy agreements up to twenty-one (21) years of age, due to a mental or physical handicap, must be submitted by the adoptive parent or parents to the Adoption Manager or designee at least three (3) months prior to the termination of the current adoption subsidy agreement.

(B) Such extension requests received after this timeframe, to include after the youth has turned eighteen (18) years of age but not yet reached twenty-one (21) years of age, may still be considered.

(C) However, any subsidy agreement that is extended past the age of eighteen (18) due to a mental or physical handicap will take effect on the date of the new subsidy agreement (reflecting that the extension is signed).

(D) Any monthly subsidy payments that were not made between the end date of the initial subsidy agreement and the date of the new subsidy agreement, reflecting a subsidy extension past eighteen (18) years of age, will not be made retroactively.

(3) In addition, if the child was adopted at sixteen (16) years of age or older, the adoption subsidy may be extended until twenty-one (21) years of age under the following circumstances:

(A) The child is completing secondary education or a program leading to an equivalent credential;

(B) The child is enrolled in an institution which provides postsecondary or vocational education;

(D) The child is employed for at least eighty (80) hours per month; or

(E) The child is incapable of doing any of the above-described activities due to a medical condition.

(4)(A) The division will ensure that the child meets these employment or education requirements.

(B) If a child is incapable of meeting the above referenced education or employment requirements due to a medical condition, the reason for which the child is incapable of meeting the education or employment requirements must be documented by a medical professional and updated annually until the child reaches twenty-one (21) years of age.

(n) Adoption assistance agreement.

(1) An adoption assistance agreement, which is a written binding agreement between the adoptive parents, the division, and other relevant agencies, must be signed and in effect at the time of or prior to the final decree of adoption.

(2) The adoption assistance agreement must:

(A) Be signed by the adoptive parents and the Division of Children and Family Services, and be in effect before adoption assistance payments are made under Title IV-E, but no later than the finalization of the adoption;

(B) Specify the duration of the agreement;

(C) Specify the amount of the adoption assistance payment (if any) and the nature and amount of any other payments, services, and assistance to be provided (including nonrecurring adoption expenses in agreements that became effective on or after January 1, 1987, for expenditures incurred by the parents on or after that date);

(D) Specify the child’s eligibility for Title XIX and Title XX;

(E) Specify, with respect to agreements entered into on or after October 1, 1983, that the agreement remains in effect regardless of the state of residence of the adoptive parents; and

(F) Contain provisions for the protection of the interests of the child in case the adoptive parents and child should move to another state while the agreement is in effect, or for agreements entered on or after October 1, 1983 (if needed).

(3) If the service specified in the agreement is not available in the new state of residence, the state making the original assistance payment remains financially responsible for providing the specified service or services.

(4)(A) Any subsidy requests that are denied may undergo the appellate process to be upheld or reversed.

(B) For adoption subsidies that are requested and approved after adoption finalization has occurred, the adoption assistance agreement (and, therefore, subsidy payments) will go into effect based on the adoption subsidy application approval date (that is, not the adoption finalization date).

(5) Any adoption assistance agreement put in place after finalization of an adoption must:

(A) Be signed by the adoptive parents and the division and be in effect before adoption assistance payments are made under Title IV-E;

(B) Specify the duration of the agreement;

(D) Specify the child’s eligibility for Title XIX and Title XX;

(E) Specify, with respect to agreements entered into on or after October 1, 1983, that the agreement remains in effect regardless of the state of residence of the adoptive parents; and

(F) Contain provisions for the protection of the interests of the child in case the adoptive parents and child should move to another state while the agreement is in effect and for agreements entered on or after October 1, 1983, if needed.

(o) Status of subsidy when a child reenters foster care.

(1) When a child with an approved adoption subsidy enters foster care, adoption subsidy payments will continue to the adoptive parents.

(2) The division will work with the Office of Chief Counsel to identify parents receiving adoption subsidy payments to request an order of child support for the subsidy amount.

(3) Child support will continue, as applicable, until the child is reunified in the family home or termination of parental rights occurs.

(4) If termination of parental rights occurs, adoption subsidy payments will be terminated.

(p) Subsidy redeterminations.

(1) The federal Title IV-E adoption assistance program does not require redeterminations of a child’s eligibility.

(2) Although the Title XIX Medicaid program and the programs that, in part, may qualify a child initially for adoption assistance, such as AFDC and SSI, require redeterminations, they are unnecessary for the purpose of maintaining a child’s eligibility for Title IV-E adoption assistance.

(q) Subsidy terminations.

(1) Once a child has been determined eligible and is receiving Title IV-E adoption assistance, the state may terminate the assistance only under the following circumstances:

(A) Upon the adoptive parent’s or parents’ request;

(B) Upon the child’s death;

(D) At the cessation of legal responsibility of the adoptive parent or parents for the child;

(E) If the division determines that the child is no longer receiving support from the adoptive parents; or

(F) When the child reaches the age of eighteen (18) unless:

(i) The child’s subsidy was extended (per the adoption subsidy agreement) past eighteen (18) years of age, due to a mental or physical disability which warranted continuation of a federally funded subsidy or state maintenance to be received, in which case the adoption subsidy would be terminated when the child attains twenty-one (21) years of age; or

(ii) The child’s subsidy was extended past eighteen (18) years of age (per the adoption subsidy agreement) because the child was adopted at sixteen (16) years of age or older, in which case the child’s subsidy would be terminated when the child attains twenty-one (21) years of age, provided that the child also met one (1) of the following circumstances from eighteen (18) years of age through twenty-one (21) years of age:

(a) The child is completing secondary education or a program leading to an equivalent credential;

(b) The child is enrolled in an institution which provides postsecondary or vocational education;

(d) The child is employed for at least eighty (80) hours per month; or

(e) The child is incapable of doing any of the above-described activities due to a medical condition.

(2)(A) A fourteen-calendar-day written notice will be sent to the adoptive parents informing them of the division’s intent to terminate the subsidy.

(B) The notice will also inform the parents of their right to appeal the decision and how to request an administrative hearing in order to appeal.

(C) The notice will be sent via process server or via certified mail, restricted delivery with a returned receipt requested.

(r) Medical coverage.

(1)(A) The division will ensure health insurance coverage for any child determined to be a child with special needs for whom there is an adoption subsidy agreement in effect.

(B) Federal Title IV-E Medicaid will be utilized to provide medical coverage for a Title IV-E eligible child.

(C) Medical coverage, for a non-Title IV-E eligible child who has a special need for medical or rehabilitative care, may be provided under the Medicaid category Non-Title IV-E Special Needs Adoptive Child, if the child is eligible for state maintenance subsidy and meets specified Medicaid eligibility requirements (see Medical Services Policy 6590.2 Eligibility Requirements).

(2)(A) IV-E eligible children, who are adopted on January 1, 2019, and thereafter, are eligible for Medicaid coverage regardless of whether or not IV-E adoption subsidy payments are actually made for the child.

(B) Children approved for deferred adoption subsidy payments will qualify, as applicable, for Medicaid coverage to begin when subsidy eligibility begins.

(3) If the child does not qualify for Medicaid under federal Title IV-E or Non-Title IV-E Special Needs Adoptive coverage, the family may make application for Medicaid under a different category.

(4)(A) Medicaid coverage associated with the adoption subsidy will cease when the subsidy case is closed.

(B) The child may qualify for other categories of Medicaid if certain eligibility criteria are met.

(5)(A) However, once the adoption subsidy case is closed, it is the responsibility of the child, or the child’s family, to apply for other categories of Medicaid at their local Department of Human Services county office (via the Division of County Operations).

(B) Medicaid coverage through the local department county office is not guaranteed.

(6)(A) Any eligible child for whom there is an adoption assistance agreement in effect is deemed to be a dependent child and is deemed to be a recipient of AFDC (per AFDC requirements in effect July 16, 1996).

(B) Any child of such eligible child will be eligible for such services.

(7)(A) The division shall access resources as necessary in Arkansas, the region, and nation to find adoptive families for children with special needs.

(B) When a child with an approved adoption subsidy enters foster care, adoption subsidy payments will continue to the adoptive parents.

(C) The division will work with Office of Chief Counsel to identify parents receiving adoption subsidy payments to request an order of child support for the subsidy amount.

(D) Child support will continue, as applicable, until the child is reunified in the family home or termination of parental rights occurs.

(E) If termination of parental rights occurs, adoption subsidy payments will be terminated.

History

Codification Notes: “AFDC” means Aid to Families with Dependent Children.This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "03/2023"9 CAR § 40-931, concerning an initial application for adoption subsidy, was repealed by Ark. R. 2026-74 (eff. July 1, 2026). History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-931 Initial application for adoption subsidy {#sec-9-car-40-931 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-931}

Codification Notes: 9 CAR § 40-931, concerning an initial application for adoption subsidy, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-932 Title IV-E redetermination {#sec-9-car-40-932 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-932}

9 CAR § 40-932. Title IV-E redetermination.

(a)(1) The federal Title IV-E adoption assistance program does not require redeterminations of a child’s eligibility.

(2) Although the Title XIX Medicaid program and the programs that, in part, may qualify a child initially for adoption assistance, such as AFDC and Supplemental Security Insurance, require redeterminations, they are unnecessary for the purpose of maintaining a child’s eligibility for Title IV-E adoption assistance.

(3) Once a child has been determined eligible and is receiving Title IV-E adoption assistance, the state may terminate the assistance only under the following circumstances:

(A) Upon the adoptive parents’ request;

(B) Upon the child’s death;

(C)(i) Upon the death of the adoptive parents of the child.

(ii) In a two-parent family, this means both parents;

(D) At the cessation of legal responsibility of the adoptive parents for the child;

(E) If the division determines that the child is no longer receiving support from the adoptive parent or parents; or

(F) When the child reaches eighteen (18) years of age unless:

(a) The child is completing secondary education or a program leading to an equivalent credential;

(b) The child is enrolled in an institution which provides postsecondary or vocational education;

(d) The child is employed for at least eighty (80) hours per month; or

(e) The child is incapable of doing any of the above-described activities due to a medical condition.

(b)(1) The division will ensure that the child meets these employment or education requirements.

(2) If a child is incapable of meeting the above referenced education or employment requirements due to a medical condition, the reason for which the child is incapable of meeting the education or employment requirements must be documented by a medical professional and updated annually until the child reaches twenty-one (21) years of age.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"01/2021" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-933 Criteria for Supplemental Security Insurance - Eligible private agency and independent adoptions {#sec-9-car-40-933 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-933}

9 CAR § 40-933. Criteria for Supplemental Security Insurance - Eligible private agency and independent adoptions.

(a) A child who is SSI eligible and is part of an independent adoption (that is, not in the custody of a public or private agency) is eligible for a Title IV-E subsidy.

(b)(1) If a child received Title IV-E adoption assistance in a previous adoption that dissolved or in which the adoptive parents died, the child is eligible for Title IV-E assistance when he or she are subsequently adopted.

(2)(A) See adoption subsidy, 9 CAR § 40-930.

(B) The Adoption Subsidy Coordinator must be contacted for an application packet.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"01/2021" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-934 Amendment to an adoption subsidy {#sec-9-car-40-934 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-934}

Codification Notes: 9 CAR § 40-934, concerning an amendment to an adoption subsidy, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-935 Request for continuation of federal and state-funded adoption maintenance subsidy after age 18 {#sec-9-car-40-935 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-935}

9 CAR § 40-935. Request for continuation of federal and state-funded adoption maintenance subsidy after age 18.

(a)(1) In some cases, a federal adoption maintenance subsidy or state-funded maintenance subsidy may be continued for adoptees eighteen to twenty-one (18 – 21) years of age.

(2)(A) Medicaid, however, cannot be extended past eighteen (18) years of age for state-funded subsidies.

(B) While the foster care Medicaid cannot be extended beyond the month the child turns eighteen (18) years of age, the family may apply for another type of Medicaid at their local county office via the Division of County Operations.

(3) Medicaid coverage through the local Department of Human Services county office is not guaranteed.

(b) If the adoptive parent requests that the adoption subsidy be continued past the child’s eighteenth birthday, the following criteria must be met:

(1) The adoptive parent must be receiving a federal or state-funded adoption maintenance subsidy prior to the child’s eighteenth birthday; and

(2) The adoptive parent must make a formal written request of the division Adoption Support Specialist to continue the subsidy and provide proof that the child:

(A) Has a mental or physical disability which warrants continuation; or

(B) Was adopted at sixteen (16) years of age or older and is:

(i) Completing secondary education or a program leading to an equivalent credential;

(ii) Enrolled in an institution which provides postsecondary or vocational education;

(iii) Participating in a program or activity designed to promote or remove barriers to employment;

(iv) Employed for at least eighty (80) hours per month; or

(v) Incapable of doing any of the above-described activities due to a medical condition.

(c)(1) The division will ensure that the child meets these employment or education requirements.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:01/2021 History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-936 Interstate Compact on Adoption and Medical Assistance (ICAMA) {#sec-9-car-40-936 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-936}

9 CAR § 40-936. Interstate Compact on Adoption and Medical Assistance (ICAMA).

A child who is receiving Medicaid as a result of an adoption subsidy may continue to receive the subsidy if the child moves to or from another state.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"01/2021" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-937 Payment for nonrecurring adoption expenses and special subsidy {#sec-9-car-40-937 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-937}

Codification Notes: 9 CAR § 40-937, concerning payment for nonrecurring adoption expenses and special subsidy, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-938 Termination of adoption subsidy {#sec-9-car-40-938 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-938}

Codification Notes: 9 CAR § 40-938, concerning termination of an adoption subsidy, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-939. Mutual consent voluntary adoption registry.

(a)(1) Some adults who were adopted as children and some birth parents who voluntarily or involuntarily relinquished a child for adoption, as well as relatives within the second degree to the adoptee, may wish to be identified to each other.

(2) There are other adult adoptees, birth parents, or relatives to the second degree of the adoptee who may be unwilling to be identified.

(3) Further, some adult adoptees, birth parents of the adoptee, adoptive parents or, in the event of an adoptive parents’ death, guardians of the adoptee, may wish to obtain nonidentifying information pertaining to the birth family.

(b)(1) In order to protect the privacy of those who choose not to be identified and to attempt to meet the needs of those who wish to be identified, as allowed by state and federal law, the Adoption Services Unit administers the Mutual Consent Voluntary Adoption Registry in accordance with Acts 1985, No. 957 and Acts 1987, No. 1060.

(2) The Division of Children and Family Services will keep records of every adult adoptee and birth parent reunited through the use of the Mutual Consent Voluntary Adoption Registry.

(c) Arkansas Code § 9-9-505 requires compilations of nonidentifying histories of adoptions be available upon request throughout the time the division is required to maintain records to the following persons only:

(1) Adoptive parents of the child or, in the event of death of the adoptive parents, the child’s guardian;

(2) Adoptee;

(3) In the event of the death of the adoptee, the adoptee’s children, the adoptee’s widow or widower, or the guardian of any child of the adoptee;

(4) The birth parent of the adoptee; or

(5) Any child welfare agency having custody of the adoptee.

(d) Any additional nonidentifying information which may have been added regarding health, genetic, or social history (excluding information identifying any birth parent, member of a birth parent’s family, or any other adoptees for the adoptive parent) will be made available only to the persons listed above.

(e)(1) Any affidavits filed for placements on the registry and any other information collected shall be retained for ninety-nine (99) years following the date of registration.

(2) Any qualified person may choose to remove their name from the registry at any time by filing a notarized affidavit with the registry.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"01/2021" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

Codification Notes: 9 CAR § 40-940, concerning the mutual consent voluntary adoption registry and related services, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-941 International adoptions {#sec-9-car-40-941 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-941}

9 CAR § 40-941. International adoptions.

(a) The Adoption Services Unit shall provide assistance with intercountry adoptions.

(b) However, federal IV-E funds shall not be used to support intercountry adoptions.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"07/2010" Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-942 International adoptions {#sec-9-car-40-942 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-942}

Codification Notes: 9 CAR § 40-942, concerning international adoptions, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-943 Subsidized guardianship {#sec-9-car-40-943 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-943}

9 CAR § 40-943. Subsidized guardianship.

(a) Overview.

(1)(A) For children for whom a permanency goal of guardianship with a relative has been established, the Division of Children and Family Services offers a federal (Title IV-E) Subsidized Guardianship Program to further promote permanency for those children, provided subsidized guardianship eligibility criteria are met.

(B) Any non-IV-E eligible child may enter into a subsidized guardianship supported by Arkansas State General Revenue if the Division of Children and Family Services determines that adequate funding is available, and all other Subsidized Guardianship Program criteria are met.

(C) The monthly subsidized guardianship payment shall be used to help kinship guardians defray some costs of caring for the child’s needs.

(2)(A) During the permanency planning family team meeting guardianship should be explored as a potential permanency option.

(B) If it is determined at the permanency planning hearing that a guardianship arrangement with kin is in the child’s best interest and the child’s permanency goal is changed to legal guardianship, the Division of Children and Family Services shall then determine if a specific guardianship arrangement may be supported by a subsidy through the the Division of Children and Family Services’ Subsidized Guardianship Program.

(D)(i) For the purposes of determining eligibility for a guardianship subsidy, the necessary degree of relationship is satisfied by a relative or fictive kin as defined in Arkansas Code § 9-28-108.

(ii)(a) A relative means a person within the fifth degree of kinship by virtue of blood or adoption.

(b) The fifth degree is calculated according to the child.

(iii) “Fictive kin” is defined as a person selected by the Division of Children and Family Services who:

(a) Is not related to a child by blood or marriage; and

(b) Has a strong, positive, and emotional tie or role in the child’s life or the child’s parent’s life if the child is an infant.

(3)(A) When it is in the best interest of each of the children, the Division of Children and Family Services shall attempt to place siblings together in the same guardianship arrangement.

(B) Siblings may be related by biological, marital, or legal ties.

(C) A child who meets the eligibility criteria for a subsidized guardianship will qualify their siblings for subsidized guardianship as well, provided the siblings are placed in the same relative or fictive kin home.

(D) The child who qualifies for a guardianship subsidy does not necessarily have to be placed at the same time as their siblings in the relative or fictive kin home.

(E) The guardianships for each child in the same kinship home do not need to be finalized in any particular sequence.

(b) Eligibility criteria for subsidized guardianship. A child is eligible for a subsidized guardianship in Arkansas if the Division of Children and Family Services determines that:

(1) The child has been removed from their home pursuant to a judicial determination that continuation in the home would be contrary to the welfare of the child and, as such, the child has been placed in the Division of Children and Family Services custody per judicial order;

(2)(A) The child has resided for at least six (6) consecutive months in the fully approved resource home of the prospective kinship guardians which is eligible to receive payments on behalf of the child, (prospective kinship guardian’s home is no longer a provisional resource home) and has been serving as a fully approved resource home to the child seeking a legal guardianship arrangement for at least six (6) consecutive months (see 9 CAR § 40-801 et seq., Development of Resource Homes and Support to Resource Parents).

(B) Any disruption in placement with the prospective kinship guardian that is less than fourteen (14) days will not affect the six-consecutive-month qualifying period;

(3) Being returned home to the person from whom he or she was removed or is being adopted are not appropriate permanency options for the child, the guardianship arrangement is in the child’s best interest, and documentation supporting these determinations is provided;

(4) The child demonstrates a strong attachment to the prospective relative guardians and the guardians have a strong commitment to caring permanently for the child or youth; and

(5) Each child is consulted regarding the guardianship arrangement;

(c) Family case plan requirements for subsidized guardianship. If legal guardianship with kin is the intended permanency goal for a child and the kin guardians intend to apply for a guardianship subsidy, the child’s family case plan shall include a description of the ways in which the child meets the eligibility requirements for a subsidized guardianship arrangement to include:

(1) The steps that the Division of Children and Family Services has taken to determine that it is not appropriate for the child to be returned home or adopted;

(2) The reasons for any separation of siblings during placement and description of the efforts made to place currently separated siblings together, the efforts made to provide frequent sibling family time or other ongoing interaction between siblings, and efforts to reunify separated siblings;

(3) The reasons why a permanent placement with an appropriate kin supported by a subsidized guardianship arrangement is in the child’s best interest;

(4) The efforts that the Division of Children and Family Services has made to discuss adoption by the child’s kinship resource parent as a more permanent alternative to legal guardianship and, in the case of a kinship resource parent who has chosen not to pursue adoption, documentation of the reasons;

(5) The efforts made by the Division of Children and Family Services to discuss with the child’s parents the guardianship arrangement, or the reasons why the efforts were not made;

(6) The process in place to allow for a successor guardian in the event that the relative or fictive kin guardian of the child dies or is no longer able to care for the child; and

(7) Any appropriate transitional youth services for those youth who exit foster care and enter into a guardianship arrangement supported by a subsidy after sixteen (16) years of age.

(d) Additional requirements for subsidized guardianship when proposed guardian resides out-of-state.

(1) If a guardianship supported by a subsidy is being pursued with kin who resides outside of Arkansas, that kin must identify a willing resident agent for service within Arkansas.

(2) The resident agent for service is a person who must accept service of any action or suit with respect to the guardianship, as applicable, on behalf of the out-of-state guardian.

(3) The resident agent of service must provide any action or suit with respect to the guardianship received as the resident agent to the out-of-state guardian.

(4) Any individual who agrees to serve as the resident agent for service must accept their designation in writing and this designation will be filed with the court.

(e) Subsidized guardianship payments.

(1)(A) The Division of Children and Family Services will provide subsidized guardianship payments on behalf of eligible children and their siblings (when placed in the same kinship home) to approved relatives or fictive kin who assume legal guardianship of the youth for whom they have cared as fully approved resource parents.

(B) Subsidized guardianship payments cannot be made prior to the transfer of guardianship.

(2) For an eligible child entering a subsidized guardianship arrangement prior to reaching sixteen (16) years of age (and their siblings placed in the same home prior to reaching sixteen (16) years of age), the subsidized guardianship payment will cease when the child reaches eighteen (18) years of age.

(3) Any eligible child experiencing foster care entering a subsidized guardianship arrangement at sixteen (16) years of age or older (and their siblings in the same home at sixteen (16) years of age or older) is eligible for subsidized guardianship until he or she reaches twenty-one (21) years of age provided at least one (1) of the following criteria are met:

(A) The child is completing secondary education or a program leading to an equivalent credential;

(B) The child is enrolled in an institution which provides postsecondary or vocational education;

(D) The child is employed for at least eighty (80) hours per month; or

(E) The child is incapable of doing any of the above-described activities due to a medical condition.

(4)(A) In addition, guardianship subsidy payments may also continue for a child up to twenty-one (21) years of age if the state determines that the child has a mental or physical handicap that warrants the continuation of assistance.

(B) If the state determines the youth has a mental or physical handicap that warrants the continuation of the guardianship subsidy assistance up to twenty-one (21) years of age, that youth is not subject to the education and employment requirements listed above for youth eighteen to twenty-one (18-21) years of age.

(C) Requests for extension of subsidy agreements up to twenty-one (21) years of age due to a mental or physical handicap must be submitted by the guardians to the Subsidized Guardianship Coordinator or designee at least three (3) months prior to the termination of the current subsidy agreement.

(D) Such extension requests received after this time frame, to include after the youth has turned eighteen (18) years of age but not yet reached twenty-one (21) years of age, may still be considered.

(E) However, any subsidy agreement that is extended past eighteen (18) years of age due to a mental or physical handicap will take effect on the date the new subsidy agreement reflecting the extension is signed.

(F) Any monthly subsidy payments that were not made between the end date of the initial subsidy agreement and the date of the new subsidy agreement reflecting a subsidy extension past eighteen (18) years of age will not be made retroactively.

(5) The Division of Children and Family Services will ensure that the kin receiving a subsidized guardianship payment on behalf of a child over eighteen (18) years of age provide documentation annually that the child meets the employment or education requirements listed above up to twenty-one (21) years of age.

(6) If a child is incapable of meeting the above referenced education or employment requirements due to a medical condition or has a mental or physical handicap or handicaps the reason for which the child is incapable of meeting the education or employment requirements must be documented by a medical professional and updated annually until the child reaches twenty-one (21) years of age.

(7)(A) When siblings are placed together in a subsidized guardianship arrangement, the subsidized guardianship payments will be paid on behalf of each of the siblings.

(B) The sibling of a child eligible for subsidized guardianship does not need to meet any subsidized guardianship eligibility requirements himself or herself.

(8) When determining the amount of each subsidized guardianship payment the following shall be considered:

(A)(i) The needs of the child as supported by accompanying documentation.

(ii) The rate should not be linked to the means of the prospective relative or fictive kin guardians;

(B)(i) The subsidized guardianship payment shall not exceed the foster care board payment that would have been paid on that child’s behalf if he or she had remained in a resource home.

(ii) Any child receiving a subsidized guardianship payment may have their guardianship subsidy adjusted per Arkansas rate structure based on the child’s age or the child’s special needs.

(iii) The subsidy shall not be greater than the amount which the child would have received had the child remained in a resource home;

(C)(i) The kin guardians may not draw both a Supplementary Security Income payment and a subsidized guardianship payment.

(ii) Kin shall determine which form of assistance best meets the needs of the child;

(D) The kinship guardians may draw both a Title II Social Security Administration payment and a subsidized guardianship payment but the total amount of the combined payments may not exceed the child’s foster care board payment; and

(E)(i) Any conserved funds in a child’s trust account shall not affect a child's subsidized guardianship eligibility or payments.

(ii) However, the Division of Children and Family Services Eligibility Unit shall close any trust account or accounts when a child exits care.

(iii) The administering agency of the trust account will redistribute the funds per its respective regulations after any board payments, contract reimbursements, and overpayments are deducted from the account balance prior to close out.

(9)(A) In addition to the monthly subsidized guardianship payments, approved kinship guardians of a child eligible for the subsidized guardianship program will also receive funding for the total cost of nonrecurring expenses related to obtaining legal guardianship up to two thousand dollars ($2,000) per child.

(B) The majority of legal services should be provided by the department Office of Chief Counsel which would not incur legal fees upon the relative or fictive kin guardians.

(10)(A) The kinship guardians are required to inform the Division of Children and Family Services of circumstances that would make them ineligible for subsidized guardianship payments or eligible for payments in a different amount, for example, if the child becomes eligible for and begins receiving SSA payments.

(B) The kinship guardians must also notify the Division of Children and Family Services of any change of address.

(C) Any subsidized guardianship payment will remain in effect without regard to the state of residence of the kin guardians.

(f) Medical coverage for subsidized guardianship arrangements.

(1)(A) The Division of Children and Family Services will ensure health insurance coverage under Medicaid Title XIX for any Title IV-E eligible child, and their Title IV-E eligible siblings when placed in the same kinship home, who receives a subsidized guardianship payment as the child must be eligible for and receiving Title IV-E guardianship subsidy payments in order to be categorically eligible for Medicaid.

(B) The subsidized guardianship agreement will indicate Medicaid coverage for Title IV-E eligible children.

(2)(A) A non-Title IV-E eligible child may qualify for certain Medicaid categories depending on the needs of the child.

(B) The kinship guardian of a non-Title IV-E eligible child may apply for health insurance for the child through their local Division of Children and Family Services county office.

(C) Coverage through the local Division of Children and Family Services county office is not guaranteed and may only extend until the time the child reaches nineteen (19) years of age.

(g) Subsidized guardianship program determinations.

(1) The child’s permanency planning family team meeting shall be the forum in which the determination regarding whether a guardianship arrangement is in the child’s best interest and their siblings’, if applicable.

(2)(A) If the child’s permanency planning hearing results in a permanency goal of a legal guardianship with a specific relative or fictive kin, the Division of Children and Family Services shall then determine if the child (and their siblings if applicable) and prospective relative or fictive kin guardians may qualify for a subsidized guardianship.

(B) If the child’s Social Service Specialist believes the child and kinship guardians may qualify based on the subsidized guardianship eligibility and family case plan criteria, he or she will make a referral to the Division of Children and Family Services Subsidized Guardianship Coordinator or designee.

(3)(A) If the Division of Children and Family Services Subsidized Guardianship Coordinator or designee agrees that the family is a candidate for subsidized guardianship, a family-centered subsidized guardianship determination meeting will be held.

(B) The purpose of the meeting is to explain the Subsidized Guardianship Program to the prospective kin guardians and ensure that eligibility and family case plan criteria for the program are met.

(C) The Division of Children and Family Services Subsidized Guardianship Coordinator or designee will facilitate the family-centered subsidized guardianship determination meetings.

(4)(A) If it is determined that all Subsidized Guardianship Program eligibility and family case plan criteria are satisfied, the decision shall be relayed to the Subsidized Guardianship Oversight Committee via the Division of Children and Family Services Subsidized Guardianship Coordinator or designee.

(B) The committee serves as an auditing entity to ensure all eligibility and family case plan requirements have been met.

(5) The committee shall include, but is not limited to the Division of Children and Family Services:

(A) Subsidized Guardianship Coordinator or designee;

(B) Foster Care Manager or designee;

(D) Director or designee in cases involving special subsidy requests.

(6) If the committee verifies that all Subsidized Guardianship Program eligibility and family case plan criteria have been met, the Division of Children and Family Services may then petition the court for a guardianship hearing to finalize the guardianship and subsidized guardianship agreement.

(h) Subsidized guardianship agreements.

(1)(A) Once guardianship with specific kin has been established as the child’s permanency goal and then after the Division of Children and Family Services has determined that the guardianship may be supported by a guardianship subsidy, the family and the Division of Children and Family Services will finalize the subsidized guardianship agreement.

(B) A subsidized guardianship agreement, a written, binding agreement negotiated between the kin guardians, the Division of Children and Family Services, and other relevant agencies must be in place prior to the finalization of the legal guardianship supported by a subsidy.

(2) The subsidized guardianship agreement will specify:

(A)(i) The amount of, and manner in which, each subsidized guardianship payment will be provided under the agreement.

(ii) Subsidized guardianship payment should not exceed the amount of the child’s foster care board payment unless special circumstances related to the child’s care warrant a special subsidy rate;

(B) That (and the manner in which) the payment may be adjusted periodically, in consultation with the kinship guardians based on the circumstances of the relative or fictive kin guardian and the needs of the child;

(C) The additional services and assistance that the child and kin or guardians will be eligible for under the agreement including Medicaid coverage that may be available through the Division of Children and Family Services Eligibility Unit or, in the case of non-IV-E children, through the local Division of Children and Family Services county office;

(D) The procedure by which the kinship guardians may apply for additional services needed;

(E) That the Division of Children and Family Services will pay the total cost of nonrecurring expenses associated with obtaining legal guardianship of the child up to two thousand dollars ($2,000);

(F) That the child shall retain eligibility for federal adoption assistance payments under Title IV-E, provided he or she was eligible when the subsidized guardianship agreement was negotiated, if the guardian later decides to adopt the child;

(G) That the agreement will become effective upon the entering of a court order granting guardianship of the child to the guardians;

(H) That the agreement shall remain in effect without regard to state residency of the relative or fictive kin guardian;

(I) That the kinship guardians are required to respond to guardianship agreement review requests from the Division of Children and Family Services so that the Division of Children and Family Services can file an annual report with the court as required by law; and

(J)(i) Designated successor guardians, if desired, for the child in the event that the current kinship guardian is no longer able to fulfill guardianship responsibilities.

(ii)(a) Successor guardian or guardians and all household members within that individual’s home must clear any applicable Child Maltreatment Central Registry checks, Division of Arkansas State Police criminal record checks, and a vehicle safety check before being identified as a potential successor guardian in the subsidized guardianship agreement.

(b) In the event the initial kinship guardian dies or is otherwise incapacitated, placement with the successor guardian identified in the initial guardianship agreement (or any amendments to the agreement) may be pursued, as appropriate.

(c) After a new guardianship subsidy agreement is signed by the successor guardian and the Division of Children and Family Services and the new guardianship is subsequently entered before the court, the subsidized guardianship assistance payments will continue to the successor guardian.

(iii) However, the child must also continue to meet all subsidized guardianship eligibility criteria in order to move forward with a subsidized guardianship arrangement with the identified successor guardian.

(i) Annual progress report and review of subsidized guardianship agreement.

(1) An annual progress report and review of the subsidized guardianship agreement are required in order for the subsidized guardianship and subsidized guardianship payments of any amount or payment rate to continue.

(2) The progress report and review shall be provided to the guardians by the Division of Children and Family Services Subsidized Guardianship Coordinator or designee.

(3) Upon receipt of the completed progress report and review, the Subsidized Guardianship Coordinator or designee will send those documents to the appropriate court so that the progress report can be filed with the court as required by law.

(4) An accounting of the guardianship subsidy is not required.

(5) The subsidized guardianship payments granted at the time of the annual progress report will reflect the child’s current documented level of need.

(j) Revision or termination of subsidized guardianship agreement.

(1)(A) Revisions to the subsidized guardianship agreement and payments may be requested any time:

(i) There is a significant change in the child’s circumstance; and

(ii) The kin guardian can provide the required and requested documentation.

(B) To request a revision to the subsidized guardianship agreement or payments, the family shall contact the Division of Children and Family Services Subsidized Guardianship Coordinator or designee.

(2) The subsidized guardianship agreement and, consequently the subsidized guardianship payments, shall be revised or terminated as appropriate:

(A) If the child is absent from the kinship guardian home for more than fourteen (14) days in a month (in such an event, the child will be eligible for only a portion of the month that he or she was in the relative or fictive kin guardian home) excluding when a child eighteen (18) years of age or older lives in an approved transitional living situation outside of the home (such as a college dorm);

(B) When the terms of the subsidized guardianship agreement are fulfilled;

(C)(i) If the child begins receiving SSI, Social Security Administration, or any other source of income excluding any income that the child may earn from their own employment.

(ii) The kinship guardian is responsible for notifying the Division of Children and Family Services if the child begins receiving other sources of income;

(D) If the child has attained the age of eighteen (18) years of age for those who entered into the subsidized guardianship arrangement prior to sixteen (16) years of age;

(E) If the child has attained twenty-one (21) years of age for those who entered into the subsidized guardianship arrangement at sixteen (16) years of age or older;

(F) If the child who has an extended subsidy (up to twenty-one (21) years of age) does not meet the education or employment conditions outlined above in the subsidized guardianship payments section;

(G) If the child who has extended subsidy, (up to twenty-one (21) years of age), is no longer determined to have a mental or physical handicap which warrants the continuation of assistance;

(H) If the child who has an extended subsidy, (up to twenty-one (21) years of age), upon reaching eighteen (18) years of age or older requests the guardianship be terminated;

(I) If the child becomes an emancipated minor;

(J) If the child marries;

(K) If the child enlists in the military;

(L) If the relative or fictive kin guardians are no longer legally or financially responsible for the support of the child;

(M) If the guardian or guardians die;

(N) If the guardianship is vacated; or

(O) If the child dies.

(3) Subsidized guardianship payments may continue to be paid on behalf of the child if the child moves out of the kinship guardian’s home or otherwise lives independently of the guardians as long as the guardians continue to provide support to the child.

(4)(A) If a child whose kin are receiving subsidized guardianship payments on their behalf re-enters the Division of Children and Family Services custody, the subsidized guardianship agreement will be terminated until such time that the child is reunified with the kinship guardians or, in certain cases until such time that a legal guardianship with the successor guardian is determined to be in the child’s best interest, it is determined that:

(i) The child and successor guardian qualify for a subsidized guardianship; and

(ii) A new subsidized guardianship agreement with the successor guardian is finalized.

(B) A successor guardian is not entitled to any payments that would have been made to the initial guardian during the time a child spends in Division of Children and Family Services custody.

(C) The successor guardian may only receive subsidized guardianship payments once the court has formally appointed the successor guardian as the child’s legal guardian and the subsidized guardianship agreement is in effect.

(k) Appeals.

(1)(A) Relative or fictive kin guardians may appeal the Division of Children and Family Services’ decision to deny, terminate, or modify their child’s subsidized guardianship agreement or payments in accordance with the rules and procedures of the state’s fair hearing and appeal process per the Appeals and Hearings Procedures, 25 CAR pt. 34.

(B) The kinship guardians must appeal an adverse decision within thirty (30) calendar days of written notice of the adverse action.

(D) Families receiving a favorable ruling in their hearing may be entitled to assistance (back payment) that had been suspended.

(2)(A) The child would only be eligible for Title IV-E subsidized guardianship if all eligibility criteria had been met prior to the finalization of the guardianship (including executing a subsidized guardianship agreement).

(B) Therefore, even if the Office of Hearings and Appeals orders the Division of Children and Family Services to provide subsidized guardianship payments and services for the child, the state shall not claim FFP under Title IV-E if a subsidized guardianship agreement was not in place prior to the guardianship.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"01/2020" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-944 Initial subsidized guardianship program determinations {#sec-9-car-40-944 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-944}

Codification Notes: 9 CAR § 40-944, concerning initial subsidized guardianship program determinations, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-945 Denial of subsidized guardianship arrangement {#sec-9-car-40-945 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-945}

Codification Notes: 9 CAR § 40-945, concerning denial of a subsidized guardianship arrangement, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-946 Subsidized guardianship determination meeting {#sec-9-car-40-946 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-946}

Codification Notes: 9 CAR § 40-946, concerning a subsidized guardianship determination meeting, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-947 Subsidized Guardianship Oversight Committee review {#sec-9-car-40-947 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-947}

Codification Notes: 9 CAR § 40-947, concerning Subsidized Guardianship Oversight Committee review, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-948 Subsidized guardianship agreement finalization {#sec-9-car-40-948 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-948}

Codification Notes: 9 CAR § 40-948, concerning finalization of a subsidized guardianship agreement, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-949 Guardianship hearing for subsidized guardianship {#sec-9-car-40-949 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-949}

Codification Notes: 9 CAR § 40-949, concerning a guardianship hearing for a subsidized guardianship, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-950 Annual subsidized guardianship review {#sec-9-car-40-950 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-950}

Codification Notes: 9 CAR § 40-950, concerning an annual subsidized guardianship review, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-951 Placement with successor guardian {#sec-9-car-40-951 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-951}

Codification Notes: 9 CAR § 40-951, concerning placement with a successor guardian, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-952 Appeals {#sec-9-car-40-952 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-952}

Codification Notes: 9 CAR § 40-952, concerning appeals, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-953 Resumption of services post-termination and reinstatement of parental rights {#sec-9-car-40-953 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-953}

9 CAR § 40-953. Resumption of services post-termination and reinstatement of parental rights.

(a) Overview.

(1) Given that behavior change and the work of change is a part of the child welfare system’s daily challenge, the Division of Children and Family Services recognizes that there may be parents who previously had their parental rights terminated, but at a later point in time significantly alter the life circumstances that contributed to the removal of their children and the subsequent termination.

(2) These parents may qualify for resumption of services.

(3) Based on the outcome of the resumption of services, the court may then consider reinstatement of parental rights.

(4) Resumption of services and a subsequent reinstatement of parental rights may provide additional permanency options for children experiencing foster care, particularly for youth who have been in the foster care system for an extended period of time without finding a permanent family.

(b) Initial eligibility.

(1)(A) The Department of Human Services, the division, or an attorney ad litem may file a motion to resume services for a parent whose parental rights were previously terminated.

(B) Resumption of services may be considered if the child:

(i) Is currently in the custody of the division;

(ii) Is not in an adoptive placement, preadoptive placement, or under another permanent placement and there is some evidence that the child is not likely to achieve permanency within a reasonable period of time as viewed from the child’s perspective; or

(iii) Was previously adopted, appointed a permanent guardian, or placed in the permanent custody of another individual and the adoption, guardianship, or custodial placement was disrupted or otherwise dissolved.

(2)(A) In addition, at least three (3) years must have passed between the date the order terminating parental rights was entered and the date a motion to resume services on behalf of that parent is filed.

(B) The three-year waiting period may be waived by the court if it is in the best interest of the child.

(C) It must also be determined that the parent in no way interfered with the child’s ability to achieve permanency prior to the consideration of resumption of services.

(1)(A) If all of the criteria above are met, the agency must then assess whether the parent and child are appropriate candidates for resumption of services before the division requests to file a motion to resume services.

(B) This will be determined, at a minimum, through:

(i) An initial walk-through of the parent’s home to identify any immediate safety threats;

(ii) Discussions with the parent, child, parties to the case, and relevant stakeholders (including but not limited to child’s therapist or child’s teacher); and

(iii) The completion of a home study.

(2) The home study will include background checks to identify current issues and differentiate between current maltreatment and criminal issues versus issues occurring prior to the termination of parental rights.

(3)(A) Through the assessment above, it must be determined that the parent is appropriate at the time of filing the motion for resumption of services.

(B) The division Area Manager approval must be obtained prior to moving forward with a petition for resumption of services.

(4) When determining whether to grant or deny a motion to resume services, the court will consider:

(A) Efforts made by the division to achieve adoption or other permanent placement for the child, including any barriers preventing permanency from being achieved;

(B) Current status of the parent, including the extent to which the parent has remedied any conditions that led to the termination of parental rights (TPR);

(D) The child’s wishes regarding resumption of contact, family time, or placement with the parent.

(d) Resumption of services.

(1)(A) If an order granting a motion for resumption of services is entered, a family team meeting will be held within thirty (30) days.

(B) An updated Safety and Risk assessment and corresponding family case plan will also be developed within thirty (30) days.

(D) Rather, services and supports offered through a family case plan for resumption of services will be designed to help facilitate the re-establishment of the parent-child bond.

(E) Examples may include regular family time and family counseling.

(F) Such services and supports will be put in place through the family case plan in an effort to work toward a reinstatement of parental rights, if appropriate, and, ultimately, a stable and permanent reunification.

(2) If multiple counties have been involved over the life of a case that is deemed appropriate for resumption of services, the applicable division Area Managers will collaborate to determine which county will serve as primary regarding the development, execution, and oversight of the family case plan.

(3)(A) A parent will not be named as a party to a motion filed for resumption of services, but the parent will have the right to be heard at a hearing on the motion.

(B) The court may order the parent to pay for some or all of the costs associated with the court-ordered family services.

(e) Reinstatement of parental rights.

(1)(A) Based on the outcome of the resumption of services, the court may then consider reinstatement of parental rights, as appropriate.

(B) Services to the family must continue for at least one hundred eighty (180) days before the division or an attorney ad litem may file a petition to reinstate parental rights.

(C) A petition to reinstate parental rights will be filed in the circuit court that had jurisdiction over the petition to terminate parental rights.

(D) Parental rights may be reinstated if the court finds by clear and convincing evidence that:

(i) Reinstatement of parental rights is in the best interest of the child; and

(ii) There has been a material change in circumstance for the parent since TPR.

(2) If parental rights are reinstated, the case will remain open until the child has resided with the parent for at least six (6) months.

(3)(A) An order reinstating parental rights restores all rights, powers, privileges, immunities, duties, and obligations of the parent as to the child, including custody, control, and support of the child.

(B) However, an order reinstating parental rights does not vacate or affect the validity of a previous order terminating parental rights.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"01/2020" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-954 Resumption of services post-termination {#sec-9-car-40-954 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-954}

Codification Notes: 9 CAR § 40-954, concerning the resumption of services post-termination, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-955 Reinstatement of parental rights {#sec-9-car-40-955 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-955}

Codification Notes: 9 CAR § 40-955, concerning reinstatment of parental rights, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

Subpart 10

9 CAR § 40-1001 Internal review and administrative hearing process (a) Determination of certain adverse actions as defined below shall be subject to an internal review process {#sec-9-car-40-1001 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-1001}

9 CAR § 40-1001. Internal review and administrative hearing process. (a) Determination of certain adverse actions as defined below shall be subject to an internal review process.

(b) Decisions made by the Director of the Division of Children and Family Services regarding an internal review are final and are not appealable.

(c) Appeals of decisions regarding child maltreatment are not subject to internal review and will be considered only through the appeals and hearings process.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"07/2009" Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-1002 Internal review of adverse action {#sec-9-car-40-1002 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-1002}

9 CAR § 40-1002. Internal review of adverse action.

(a) The internal review process is as follows:

(1) The individual who is the subject of an adverse action may request verbally or in writing an internal review from the appropriate manager or administrator;

(2) The manager or administrator will review the request and forward it with a recommendation to the appropriate Assistant Director for review within ten (10) business days of receipt of request and any supporting materials;

(3) The Assistant Director will notify the applicant in writing of the decision of the review within ten (10) business days of receiving the request; and

(4) If the decision is unfavorable to the individual, the Assistant Director will inform the individual that he or she has fifteen (15) business days in which to submit a written appeal to the Director of the Division of Children and Family Services.

(b)(1) The Director of the division will notify the individual within ten (10) business days of the appeal decision.

(2) This is a final action and is not appealable.

(1) Closure of a resource home due to any circumstance;

(2) Removal of a child from the resource home without appropriate cause or without appropriate notice;

(3) Failure by the division to share appropriate information with resource parents;

(4) Failure by the division to provide necessary support to resource parents;

(5) Failure by the division to keep the terms of the initial written agreement with the resource home;

(6) Denial of a home study, including ICPC, which results in a decision not to open the home of any relative within the third degree of kinship;

(7) Denial of an adoption application;

(8) Denial of name removal from Child Maltreatment Central Registry after one (1) year; and

(9) Additionally, an age-appropriate child or their attorney ad litem on their behalf may appeal a change in their out-of-home placement according to 9 CAR § 40-820.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"01/2013" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-1003 Appeals and hearings of unfavorable decisions {#sec-9-car-40-1003 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-1003}

9 CAR § 40-1003. Appeals and hearings of unfavorable decisions.

(a)(1) Certain unfavorable decisions may be appealed through the appeals and hearings process.

(2) Actions which may be appealed are:

(A) True child maltreatment determinations;

(B) Denials of adoption subsidies; and

(b)(1) An individual must request an administrative hearing within thirty (30) calendar days of receiving a notice of an unfavorable decision from the Division of Children and Family Services.

(2) The appeal must be made in writing to:

Department of Human Services Office of Appeals & Hearings P.O. Box 1437, Slot 101 Little Rock, AR 72203

(c)(1) The Appeals and Hearing Section will notify the division when an appeal has been filed.

(2) Upon receiving notice of an appeal, the following entities will immediately prepare a file and make it available to the petitioner, any representative, the Office of Chief Counsel attorney, and the Appeals and Hearings Section:

(A) In child maltreatment-related appeals: Child Maltreatment Central Registry;

(B) In adoption subsidy denials: Adoptions Unit; and

(d) At least ten (10) days prior to the administrative hearing, the alleged offender and the division will share any information with the other party that the party intends to introduce into evidence at the hearing that is not contained in the record.

(e)(1) The Appeals and Hearings Section will send a notice of hearing which contains the time, date, and place of the hearing and the name of the hearing officer who will conduct the hearing.

(2) The hearing will be held by telephone if neither party requests that the hearing be conducted in person.

(3) If the hearing is held in person, the location will be in an office of the department nearest to the petitioner’s residence unless the administrative law judge determines that the hearing will be conducted via video teleconference.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"01/2013" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-1004 Appeals and hearings of true child maltreatment determinations {#sec-9-car-40-1004 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-1004}

9 CAR § 40-1004. Appeals and hearings of true child maltreatment determinations.

(a)(1) The Office of Appeals and Hearings will notify the Division of Children and Family Services that an appeal has been filed.

(2) The Division of Children and Family Services investigator responsible for the case will:

(A) Prepare an investigative file immediately; and

(B) Make it available to:

(i) The petitioner;

(ii) Any representative;

(iii) The Office of Chief Counsel attorney; and

(iv) The Appeals and Hearings Section.

(b)(1) At least ten (10) days prior to the administrative hearing, the alleged offender and the Division of Children and Family Services will share any information (with the other party), that the party intends to introduce into evidence at the hearing but that is not previously contained in the record.

(2) Additionally, if any child served with a subpoena to be a witness in an administrative hearing is a party to an open dependency-neglect case, the child’s attorney ad litem will be provided a copy of the subpoena.

(c)(1) The Office of Appeals and Hearings will send a notice of hearing which contains the time, date, and place of the hearing as well as the name of the hearing officer who will conduct the hearing.

(2) The hearing will be held by telephone if neither party requests that the hearing be conducted in person.

(3) If the hearing is held in person, the location will be in an office of the Department of Human Services nearest to the petitioner’s residence unless the Administrative Law Judge (ALJ) determines that the hearing will be conducted via video teleconference.

(d)(1) Upon receipt of notice that a true child maltreatment determination is the subject of an appeal, the Division of Children and Family Services investigator and the Division of Children and Family Services supervisor or Crimes Against Children Division investigator and Crimes Against Children Division supervisor (as appropriate), Office of Chief Counsel attorney and the Division of Children and Family Services Area Manager will consult to review the evidence used to establish the true determination and ascertain the impact of any subsequent events of the case after the determination was made.

(2) If the consultation reveals no merit for defending the true finding, the Division of Children and Family Services Area Manager will complete the Notice of Non-Defense of a True Child Maltreatment Investigative Determination and provide a copy to the:

(A) County Supervisor;

(B) Office of Chief Counsel attorney; and

(3) The Office of Chief Counsel attorney will inform the Office of Appeals and Hearings of the decision not to defend.

(4) The Notice of Non-Defense of a True Child Maltreatment Investigative Determination will be included in the investigative file, as applicable.

(5) If the consultation reveals merit for defending the true determination, the appropriate office/unit, or both must designate a representative who must be familiar with the circumstances leading to the adverse decision.

(6) The representative must be able to summarize the pertinent aspects of the situation and present the documentation to support the basis for the determination.

(7) The representative will also be able to answer questions posed by the petitioner or the hearing officer relative to the issue and should be prepared to cross-examine witnesses.

(e)(1) The Office of Chief Counsel will assign an attorney to represent the investigative agency at the hearing only if the petitioner has an attorney.

(2) However, an Office of Chief Counsel attorney may provide assistance in case preparation even if the attorney will not be at the hearing.

(3) If the petitioner appears at the hearing with an attorney without having first notified the division, the investigator shall ask for a continuance so that an Office of Chief Counsel attorney may be appointed.

(f) Division of Children and Family Services employees will be expected to attend hearings and present testimony without the benefit of a subpoena and will be notified by the Office of Appeals and Hearings of their required presence at the hearing.

(g) If a division employee receives a subpoena requesting the appearance at an administrative hearing or to provide documents, the employee shall send the subpoena to their local Office of Chief Counsel attorney upon request.

(h)(1) The Division of Children and Family Services representative will be notified of any witnesses requested by the petitioner requesting the hearing.

(2) The Division of Children and Family Services representative will have five (5) calendar days from the receipt of this notice to request a rebuttal witness list.

(i)(1) The Office of Chief Counsel will issue the subpoenas under the authority of Arkansas Code §§ 12-18-802 and 20-76-201.

(2) The Chief Counsel of the department may designate someone to sign subpoenas issued for administrative hearings on child maltreatment.

(j) Administrative hearing decisions and all exhibits submitted at the hearing are confidential and may be used or disclosed only as provided in Arkansas Code § 12-18-809.

(k)(1) The ALJ may amend an investigative determination during (but not after) an administrative hearing to conform with the evidence presented.

(2) If the alleged offender could not reasonably infer the amended investigative determination from the investigative records and information submitted by the Division of Children and Family Services, the ALJ may grant a request for continuance to the alleged offender.

(l) Final administrative action must be completed within one hundred eighty (180) calendar days from the receipt of the appeal by the Appeals and Hearings Section unless otherwise allowed by Arkansas state law.

(m) Delays in completing the administrative hearing that are attributable to either party shall not count against the limit of the one hundred eighty (180) days if the ALJ determines that good cause for the delay is shown by the party requesting the delay and the request for the delay is made in writing and delivered to the Office of Appeals and Hearings and all other parties.

(n) Failure to complete the hearing process in a timely fashion shall not deprive the Division of Children and Family Services or a court reviewing the child maltreatment determination of jurisdiction to make a final agency determination or review a final agency determination pursuant to the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.

(o) The decision becomes final unless appealed and subsequently overturned in a court of law.

(p)(1) Upon request by the petitioner, the Division of Children and Family Services shall provide a list of persons who were told previously that the report was “True”.

(2) The Social Service Specialist will provide a copy of the administrative hearing order upon request by a subject of the report.

(q) If the petitioner fails to appear for the hearing and does not contact the Office of Appeals and Hearings prior to the date of the hearing, the appeal will be dismissed.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"08/2013" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-1005 Regular administrative hearing process {#sec-9-car-40-1005 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-1005}

9 CAR § 40-1005. Regular administrative hearing process.

(a)(1) A hearing officer from the Office of Appeals and Hearings will conduct the hearing in an informal but orderly manner.

(2) The hearing officer will explain the hearing procedure.

(b) The petitioner may be accompanied by friends or other persons and may be represented by a:

(1) Friend;

(2) Legal counsel; or

(3) Other designated representative.

(c) The hearing officer may not review material prior to the hearing unless the material is also made available to the petitioner or their representative.

(d) The representative will read the administrative hearing statement and will then present the Division of Children and Family Services case, which includes introducing evidence and questioning witnesses subpoenaed to the hearing as well as cross-examining the petitioner’s witnesses.

(e)(1) After completion of the division’s case, the petitioner’s case will be presented.

(2) This includes the opportunity to:

(A) Present witnesses;

(B) Advance arguments;

(D) Question the agency representative; and

(E) Confront and cross-examine witnesses.

(3) Questioning of all parties will be confined to the issues involved.

(f) In all cases, the petitioner will be advised of the right to judicial review in the event of an adverse ruling.

(g)(1) The administrative law judge (ALJ) may amend an investigative determination during (but not after) an administrative hearing to conform with the evidence presented.

(2) If the alleged offender could not reasonably infer the amended investigative determination from the investigative record and information submitted by the division, the ALJ may grant a request for continuance to the alleged offender.

(h)(1) The hearing officer will prepare a hearing decision based on a comprehensive report of the proceedings.

(2) The format will consist of an introduction, findings of fact, conclusions of law, and a decision.

(3) Final administrative action must be completed within one hundred eighty (180) calendar days from the receipt of the appeal by the Office of Appeals and Hearings with the following exceptions:

(A)(i) The one-hundred-eighty-day limit will not apply if upon request of any party a stay is granted as permitted pursuant to Arkansas Code § 12-18-801 et seq.

(ii) The ALJ may stay the case upon a showing by any party that there is an ongoing criminal or delinquency investigation regarding the occurrence that is the subject of the child maltreatment report; and

(B)(i) If a criminal or delinquency proceeding is filed regarding the occurrence that is the subject of the child maltreatment report and a request for a stay is accompanied by the written notification of the date the criminal or delinquency proceeding was filed by a party, the administrative hearing shall be stayed for a period of not more than one (1) year from the date the criminal or delinquency proceeding is filed.

(ii) The stay shall be lifted and the case set for a hearing upon the earlier of:

(a) A petition and showing by any party that there is good cause to conduct the administrative hearing before the conclusion of the criminal or delinquency proceeding;

(b) The final disposition of the criminal or delinquency proceeding; or

(iii) A stay granted per the rules described above may be extended after the one-year expiration upon a written notice from the requesting party that the criminal or delinquency proceeding is still ongoing.

(iv)(a) It is the duty of the petitioner to report the final disposition of the criminal or delinquency proceeding to the department Office of Appeals and Hearings for a stay as described above.

(b) The case shall be dismissed and the petitioner’s name placed on the Child Maltreatment Central Registry if the petitioner fails to provide a file-marked copy of the final disposition of the criminal or delinquency proceeding within thirty (30) days of the entry of the final disposition.

(i) Delays in completing the administrative hearing that are attributable to either party shall not count against the limit of the one hundred eighty (180) days if the ALJ determines that good cause for the delay is shown by the party requesting the delay and the request for delay is made in writing and delivered to the Department of Human Services Office of Appeals and Hearings and all other parties.

(j) Failure to complete the hearing process in a timely fashion shall not deprive the department or a court reviewing the child maltreatment determination of jurisdiction to make a final agency determination or review a final agency determination pursuant to the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.

(k)(1) If a court of competent jurisdiction adjudicates a question that is an issue to be determined by the department Office of Appeals and Hearings, the prevailing party to the judicial adjudication who is also a party to the administrative adjudication shall file a certified copy of the judicial adjudication with the office.

(2) The office shall determine whether and to what extent the judicial adjudication has preclusive effect on the administrative adjudication by applying the principles of claim preclusion and issue preclusion.

(3) The office shall not readjudicate any precluded issue.

(4) If the judicial adjudication is modified or reversed, the office shall determine whether and to what extent any issue in the administrative adjudication remains precluded and shall schedule a hearing with respect to any matter that is no longer precluded.

(l)(1) The decision becomes final unless appealed and subsequently overturned in a court of law.

(2) Upon request by the petitioner, the division shall provide a list of persons who were told previously that the report was “True”.

(3) The Social Service Specialist will provide a copy of the administrative hearing order upon request by a subject of the report.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"08/2013" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-1006 Expedited hearing process {#sec-9-car-40-1006 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-1006}

9 CAR § 40-1006. Expedited hearing process.

(a)(1) If the alleged offender requests a hearing, the Division of Children and Family Services may then request an expedited hearing if:

(A) The alleged offender is engaged in child-related activities or employment or is employed or a volunteer with persons with disabilities, persons with mental illness, or elderly persons; and

(B) Those persons are at risk of harm because of the alleged offender’s employment or volunteer activities.

(2) The division will notify the alleged offender using certified mail within three (3) business days of the request via the Child Maltreatment Expedited Hearing Notice to Alleged Offender that an expedited hearing has been requested.

(3) The alleged offender will have five (5) days from receipt of the notice of the request to object to the request to expedite the administrative hearing.

(4) The alleged offender must notify the Department of Human Services in writing via mail, fax, or email of their objection.

(b)(1) The Social Service Area Manager or Crimes Against Children Division Area Manager will determine if the request for the expedited hearing should be submitted to the Office of Appeals and Hearings.

(2) The request for the expedited hearing should be made using the Expedited Hearing Request.

(3) If approved for an expedited hearing, Office of Appeals and Hearings will notify the alleged offender of the date of the hearing.

(c)(1) If approved for an expedited hearing, the investigator shall provide the alleged offender with a complete copy of their file.

(2) The department may charge:

(A) A reasonable fee not to exceed ten dollars ($10.00) for researching, copying, or mailing records from a child maltreatment investigative file; and

(B) A reasonable fee for reproducing copies of electronic media, such as audio tapes, video recordings, compact discs or DVDs, and photographs.

(3) However, no fee may be charged to a person who is indigent.

(d)(1) The investigator shall document when the file was made available to the alleged offender.

(2) The file is considered to have been made available when notification is made to the offender or their attorney that a copy of the investigative record is available for pickup at the department office in the county in which the alleged offender resides or in the department office in the county designated by the alleged offender or their attorney.

(e)(1) The expedited hearing may not be held until thirty (30) days have elapsed since the division made available to the alleged offender a complete copy of their file.

(2) The alleged offender may waive the requirement for the thirty-day wait period.

History

Codification Notes: “DVD” means digital video disc.This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "08/2013" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-1007 Preliminary administrative hearing {#sec-9-car-40-1007 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-1007}

9 CAR § 40-1007. Preliminary administrative hearing.

(a) If the Division of Children and Family Services is unable to notify the alleged offender of the investigation determination, the division Area Manager may request a preliminary hearing using the Request for Preliminary Administrative Hearing to allow provisional placement of the alleged offender’s name in the Child Maltreatment Central Registry.

(b) The division Area Manager will determine if the request for the preliminary hearing should be submitted to the Department of Human Services Office of Appeals and Hearings.

(1)(A) That it diligently attempted to notify the alleged offender of the investigative determination.

(B) This means that the division used a reasonable degree of care to discover the alleged offender’s whereabouts and notify the alleged offender.

(C) The division will ensure that documented proof of service of the alleged offender’s right to administrative appeal is maintained in the file.

(D) Documentation would include proof that a process server was unsuccessful in locating the alleged offender; and

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

(d)(1) The division representative must tell the administrative law judge (ALJ) if there is any criminal action pertaining to the investigation.

(2) A preliminary administrative hearing shall proceed even if:

(A) There is an ongoing criminal or delinquency investigation regarding the occurrence that is the subject of the child maltreatment investigation; and

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

(e) At the preliminary hearing, the Administrative Law Judge will determine whether there is a prima facie case that:

(1) The offender committed child maltreatment, that is, whether the evidence, if not contradicted, is sufficient to support a judgment that the allegations are true; and

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

(f)(1) If the Administrative Law Judge determines that there is a prima facie case, the division will provisionally place the offender’s name in the Child Maltreatment Central Registry.

(2) The division will make notification of the determination to persons as described in 9 CAR § 40-1506, notices that offender’s name will be placed in the Child Maltreatment Registry.

(3) The division will continue to attempt to notify the alleged offender using the Notice of Name Placement on Central Registry to Offender no less frequently than once a year for no fewer than three (3) years from the date the name is placed on the Child Maltreatment Central Registry.

(4) After three (3) years, no further contact will be made and the alleged offender’s name will provisionally remain on the Child Maltreatment Central Registry.

(g)(1) Within thirty (30) days of receiving notice of the determination of their listing in the Child Maltreatment Central Registry, the offender may request a hearing as outlined in the notice.

(2) If the offender fails to request a regular administrative hearing within thirty (30) days of receipt of the notice of the investigative determination, the Administrative Law Judge may determine that the provisional designation is removed and the offender’s name be officially placed in the Child Maltreatment Central Registry.

(h)(1) If the Administrative Law Judge determines that there is no prima facie case, the division will not place the alleged offender’s name in the Child Maltreatment Central Registry.

(2) The division will continue to provide notice to the alleged offender using the Notice to Alleged Adult Offender of True Maltreatment Investigative Determination of the true investigation hearing and the opportunity for a regular administrative hearing no less frequently than once a year for no fewer than three (3) years from the date when the name is placed on the Child Maltreatment Central Registry.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"01/2020" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-1008 Investigative file for the administrative hearing {#sec-9-car-40-1008 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-1008}

9 CAR § 40-1008. Investigative file for the administrative hearing.

(a) All the investigative files involving a true determination will be uploaded into the approved document library or information management system within five (5) business days from the completion of the investigation.

(b) The investigative file for any true determination will include:

(1) Report to prosecuting attorney;

(2) Maltreatment summary;

(3) Color photographs (if applicable);

(4) Media recordings (audio or video) (if applicable);

(5) Screenshots of text messages pertaining to the investigation (if applicable);

(6) Drug screen results and hair follicle results (if applicable);

(7) Police records and mug shots (if applicable);

(8) Court Connect print out (if applicable);

(9) Medical records (if applicable);

(10) Investigation notes;

(11) Safety and Risk Assessments; and

(12) Any other documentation used to gather information during the investigation (if applicable).

(c) County staff will have five (5) calendar days to respond to a request from the Central Registry Unit for a copy of the investigative file or any documents that may be missing from the investigative file previously uploaded to the division’s approved document library or information management system, as applicable.

(d)(1) Division of Children and Family Services Notifications Unit will issue the notices regarding true investigative determinations.

(2) A copy of the return receipt verification (green card) or documentation of delivery by a process server will also be attached to the file by the division Notifications Unit via the division’s approved document library or information management system, as applicable.

(e)(1) In addition, county staff must complete the Administrative Hearing Statement upon request by the DCFS Central Registry Unit for the investigative file.

(2) Staff will route the Administrative Hearing Statement directly to the Office of Hearings and Appeals, with a copy to the Office of Chief Counsel attorney, if an attorney is assigned.

(3) If the name of the assigned Office of Chief Counsel attorney is not known, the copy of the Administrative Hearing Statement should be sent to the County Legal Operations Coordinator.

(4) If the investigative file prepared is incomplete, the Administrative Law Judge (ALJ) may grant a continuance and direct the division to make diligent inquiry to obtain the missing information and provide it to the offender.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"08/2013" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-1009 Request for investigation review by Child Maltreatment Investigations Oversight Committee {#sec-9-car-40-1009 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-1009}

Codification Notes: 9 CAR § 40-1009, concerning a request for an investigation review by the Child Maltreatment Investigations Oversight Committee, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-1010 Disclosure of information on overturned true findings of child maltreatment to the Legislative Oversight Committee {#sec-9-car-40-1010 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-1010}

Codification Notes: 9 CAR § 40-1010, concerning the disclosure of information on overturned true findings of child maltreatment to the Legislative Oversight Committee, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-1011 Child near fatalities and fatalities {#sec-9-car-40-1011 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-1011}

9 CAR § 40-1011. Child near fatalities and fatalities.

(a)(1) Although an infrequent occurrence, near fatalities and fatalities of children who are receiving services or who have recently received services from the Division of Children and Family Services do occur.

(2) Fatalities may occur due to an illness or other medical condition, as a result of child neglect or abuse, or because of a nonchild maltreatment related accident.

(3) Regardless of the cause of a near fatality or fatality, these events are extremely traumatic for the family of the child, the resource family (if applicable), division staff, and service providers.

(4) Division staff will be supportive and helpful to those who have had a meaningful or legal relationship with the child including relatives and resource parents.

(5) Division leadership and management will:

(A) Recognize the importance of appropriately supporting staff who worked directly with the child; and

(B) Encourage those staff members to seek appropriate, individualized services as needed.

(b)(1) Pursuant to Arkansas Code § 12-18-103 a near fatality (also referred to in DHS Policy 1090 as a serious injury) means an act that, as certified by a physician, places a child in serious or critical condition.

(2) As such, the division will rely on the involved medical facility’s designation of the child’s condition in determining if a particular incident meets the criteria of near fatality as defined by law.

(c) The division county office will immediately, within one (1) hour, notify the appropriate Social Service Area Manager or designee and the Assistant Director of Field Operations or designee and initiate action to ensure the safety of other children in the home when the division becomes aware of a child near fatality or fatality that may be the result of maltreatment and:

(1) The child or sibling of the child is a subject of a pending child maltreatment investigation or a child maltreatment investigation within the preceding twenty-four (24) months;

(2) The child or sibling of the child is a client in any prevention, in-home services, or permanency case; and

(3) The child or sibling of the child was a client in a prevention, in-home services, or permanency case during the previous twenty-four (24) months.

(d)(1) The Assistant Director of Field Operations or designee will immediately, within one (1) hour, notify the Director of the Division of Children and Family Services who will notify the Department of Human Services Deputy Director, the Office of Chief Counsel of the Department of Human Services (per DHS Policy 1090), and the Department of Human Services’ Director of Communications.

(2) As such, the division will not automatically issue press releases on cases of child near fatality or fatality related to maltreatment but will respond to requests for information as they are received in consultation with the Department of Human Services’ Director of Communications.

(e) The division will ensure that DHS Policy 1090 is adhered to regarding all near fatalities and fatalities.

(f) When a fatality occurs in an open permanency case, the division will respectfully assist and support the parents in making funeral arrangements or take other actions deemed necessary by the Social Service Area Manager.

(g)(1) Because quality improvement and accountability guides the work of the Division of Children and Family Services, an internal team of division staff will meet following a child fatality that meets at least one (1) of the criteria established in subsection (c) of this section, above.

(2) The team will review the case and identify systemic issues, public health concerns, and where practice could have been improved in that particular case in an effort to prevent future child fatalities and near fatalities.

(h)(1) Following a Division of Children and Family Services internal near fatality or fatality review, the division will also be responsible for holding a meeting with the External Child Near Fatality and Fatality Review Team to review any certified near fatality or fatality for which there is a current child death investigation (related to child maltreatment).

(2) The External Child Near Fatality and Fatality Review Team will conduct a comprehensive review of the circumstances leading to the near fatalities and fatalities of children who have been reported through the Child Abuse Hotline.

(3) Based on the findings of the reviews, the External Child Near Fatality and Fatality Review Team will develop recommendations and actions, as appropriate, to be implemented to prevent other child near fatalities and fatalities.

(i) The External Child Near Fatality and Fatality Review Team will be comprised of the following members:

(1) The Director of the Division of Children and Family Services or designee;

(2) The Division of Children and Family Services Assistant Director of Field Operations or designee;

(3) The Division of Children and Family Services Supervisor designated by the Director of the Division of Children and Family Services;

(4) The Division of Children and Family Services Investigative Supervisor designated by the Director of the Division of Children and Family Services;

(5) Commander of the Crimes Against Children Division or designee;

(6) Executive Director of the Arkansas Child Abuse/Rape/Domestic Violence Commission or designee;

(7) Children’s Advocacy Centers of Arkansas Director or designee;

(8) Arkansas State CASA Association Director or designee;

(9) Arkansas Children’s Hospital’s Team for Children at Risk and Arkansas Children’s House Director or designee;

(10) Dependency-Neglect Attorney Ad Litem Director or designee;

(11) Office of Chief Counsel Director or designee;

(12) The Governor’s Senior Advisor for Child Welfare;

(13) A member of the Arkansas Child Death Review Panel;

(14) A member of the Department of Health;

(15) A member appointed by the Chair of the Subcommittee on Children and Youth of the House Committee on Aging, Children and Youth, Legislative and Military Affairs; and

(16) A member appointed by the Chief Justice of the Supreme Court.

(j)(1) This External Child Near Fatality and Fatality Review Team will meet at least quarterly each calendar year.

(2) The committee meetings will be closed and information discussed at the meeting will be confidential.

(3) Individuals who are not members of the External Child Near Fatality and Fatality Review Team will not be allowed to attend or otherwise participate in a committee meeting unless a majority of the members vote to request the attendance or participation of a noncommittee member.

(k) These external reviews will provide the division and other stakeholders involved with child serving systems with an additional opportunity to collaboratively review the facts surrounding the fatality and accurately assess child deaths, work to improve systemic issues, address public health concerns, and determine recommendations to improve practice and work together as a system to prevent future child fatalities and near fatalities.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"07/2018" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-1012 Near fatality of child {#sec-9-car-40-1012 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-1012}

Codification Notes: 9 CAR § 40-1012, concerning near fatality of a child, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-1013 Disclosure of information on near fatalities {#sec-9-car-40-1013 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-1013}

9 CAR § 40-1013. Disclosure of information on near fatalities.

(a) Pending. Upon request, the Division of Children and Family Services shall release the following information via the Department of Human Services Director of Communications to the general public when an investigation is pending on a report of a near fatality of a child to the Child Abuse Hotline:

(1) Age, race, and gender of the child;

(2) Date of the child’s near fatality;

(3) Allegations or preliminary cause of the near fatality;

(4) County and type of placement of the child at the time of incident leading to the near fatality;

(5) Generic relationship of the alleged offender to child;

(6) Agency conducting the investigation;

(7) Legal action taken by the department; and

(8) Services offered or provided by the department presently and in the past.

(b) True reports. Upon request, the department shall release the following information via the department’s Director of Communications to the general public when the investigative determination is true on a report of a near fatality of a child:

(1) A nonidentifying summary of any previous child maltreatment investigations;

(2) A nonidentifying summary of the current child maltreatment investigation, including:

(A) The nature and extent of the child’s present and past injuries; and

(B) Medical information pertaining to the incident;

(3) Information about criminal charges, if known; and

(4) Any action taken by the department or the Crimes Against Children Division of the Division of Arkansas State Police, including personnel action and licensing action.

(c) Unsubstantiated reports. Upon request the department shall release the following information via the department’s Director of Communications to the general public when the investigative determination is unsubstantiated on a report of a near fatality of a child:

(1) A nonidentifying summary of any previous child maltreatment investigations;

(2) A nonidentifying summary of the current child maltreatment investigation;

(3) Information about criminal charges, if known; and

(4) Any action taken by the department or the Crimes Against Children Division, including personnel action and licensing action.

(d) Information not to be released. Concerning the near fatality of a child, the department shall not release:

(1) Information on siblings of the child;

(2) Attorney-client communications; or

(3) Any information if release of such information would jeopardize a criminal investigation.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"08/2013" Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-1014 Child fatality notification {#sec-9-car-40-1014 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-1014}

Codification Notes: 9 CAR § 40-1014, concerning notification of a child fatality, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-1015 Disclosure of information on fatalities {#sec-9-car-40-1015 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-1015}

9 CAR § 40-1015. Disclosure of information on fatalities.

(1) Age, race, and gender of the child;

(2) Date of the child’s death;

(3) Allegations or preliminary cause of death;

(4) County and type of placement of the child at the time of incident leading to the child’s death;

(5) Generic relationship of the alleged offender to child;

(6) Agency conducting the investigation;

(7) Legal action taken by the department;

(8) Services offered or provided by the department presently and in the past; and

(9) Name of the child.

(b) True reports. Upon request, the department shall release the following information via the department Director of Communications to the general public when the investigative determination is true on a report of a fatality of a child:

(1) A summary of previous child maltreatment investigations, but the disclosure shall not include the name of the offender of offenders;

(2) A summary of the current child maltreatment investigation including:

(A) The nature and extent of the child’s present and past injuries;

(B) Medical information pertaining to the death; and

(3) All relevant risk and safety assessments completed on the child;

(4) Information about criminal charges, if known; and

(5) Any action taken by the department or the Crimes Against Children Division, including personnel action and licensing action.

(c) Unsubstantiated reports. Upon request, the department shall release the following information via the department Director of Communications to the general public when the investigative determination is an unsubstantiated report of a fatality of a child:

(1) A summary of previous child maltreatment investigations, but the disclosure shall not include the name of the alleged offender or offenders;

(2) A summary of the current child maltreatment investigation including medical information pertaining to the death, however, the name of the alleged offender shall not be disclosed;

(3) All relevant risk and safety assessments completed on the child;

(4) Information about criminal charges, if known; and

(5) Any action taken by the department or the Crimes Against Children Division, including personnel action and licensing action.

(d) Information not to be released. Concerning the fatality of a child, the department shall not release:

(1) Information on siblings of the child;

(2) Attorney-client communications; and

(3) Any information, if release of such information would jeopardize a criminal investigation.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"08/2013" Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-1016 Driver’s license and insurance reimbursement programs for youth in out-of-home placement {#sec-9-car-40-1016 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-1016}

9 CAR § 40-1016. Driver’s license and insurance reimbursement programs for youth in out-of-home placement.

(a)(1) In accordance with Arkansas Code § 27-16-702(a)(1)(D), the Director of the Division of Children and Family Services may authorize an employee of the Department of Human Services or the resource parent to sign the youth’s application.

(2) The youth experiencing out-of-home placement shall be able to meet all state requirements listed in Arkansas Code § 27-16-804 (restricted licenses, learner’s licenses, and intermediate licenses):

(A) Be at least sixteen (16) years of age;

(B) Have tested uncorrected visual acuity of at least 20/40 or 20/50 with corrective lenses;

(C) Have tested field of vision of at least one hundred forty degrees (140˚) with two (2) functioning eyes or one hundred five degrees (105˚) with one (1) functioning eye; and

(D) Be free of a serious accident and conviction of a serious traffic violation in the last twelve (12) months.

(b) In addition, the division must be provided with the following information that will be used to determine whether the director will authorize an employee or resource parent to sign for a driver’s license for a youth in out-of-home placement:

(1) Delinquent acts and history of behavior;

(2) A minimum 2.0 [C] grade point average, or record of regular attendance and satisfactory progress in an adult education program, or documentation of compliance with an individual education plan;

(3) The division review and acceptance of the driving history and record of violations over the last twelve (12) months;

(4) Placement stability;

(5) Enrollment of the youth in the Chafee Foster Care Transitional Youth Services by the Social Service Specialist; and

(6) Other pertinent information deemed necessary.

(1)(A) Participating in the division Foster Care Driver’s License Program and Driving Insurance Reimbursement Program is a privilege, not an entitlement, requiring compliance with both Arkansas state laws and division policy.

(B) Any youth, sixteen (16) years of age or older, who is in division custody, may request permission to obtain a driver’s license and be reimbursed for insurance.

(D) If a resource parent elects to have the youth participate in one, division funds may be utilized to pay enrollment or tuition fees on a reimbursement basis.

(2) Youth who remain in care past the age of eighteen (18) years of age, do not need approval to apply for a driver’s license.

(3) In order to maintain the privilege of driving, the youth in out-of-home placement shall abide by the following:

(A) Operate a motor vehicle on public streets and highways only when all passengers are wearing their seat belts;

(B) Not use a cell phone or any other electronic device that may distract the driver; and

(C) Not transport anyone under eighteen (18) years of age without licensed adult (twenty-one (21) years of age or older) supervision in the vehicle.

(4) The division will monitor the following items when a youth in out-of-home placement has a driver’s license:

(A) Youth’s driving record;

(B) Youth’s behavior;

(D) Compliance with state law and the division requirements as outlined above.

(5)(A) The director may cancel the authorization for the driver’s license.

(B) State law permits the Arkansas Office of Driver’s Services to cancel, revoke, or suspend any learner’s permit or driver’s license upon request.

(6) If at any time, the youth in out-of-home placement no longer meets all of the state and division requirements, the division may take possession of the youth’s learner’s permit or driver’s license until all requirements are again met.

(7)(A) If a youth enters foster care with a valid learner’s permit or driver’s license from any state, maintaining possession of that license is subject to meeting all state and division requirements.

(B) The youth must complete the: Application and Agreement to Participate in Division of Children and Family Services Foster Care Driver’s License Program with all of the required attachments indicating that the youth already has a driver’s license and submit the form, attachments as outlined above, and a copy of the driver’s license.

(C) Upon review, the director or designee may determine that the youth can continue to drive and will authorize the youth to keep possession of the driver’s license.

(D) If the director or designee denies the request to keep the driver’s license, the Social Service Specialist shall obtain possession of the driver’s license and the youth will not be able to drive.

(E) The division will notify the appropriate state Office of Driver Services to cancel the driver’s license.

(d) Insurance reimbursement program for youth in out-of-home placement.

(1) Any motor vehicle a youth operates must be owned by the resource parent or the youth.

(2) A youth in out-of-home placement must be insured to drive a specific vehicle before he or she is allowed to operate that motor vehicle, and the youth must be included as a driver on the insurance policy for that specific vehicle.

(3) The insurance policy must meet minimum Arkansas motor vehicle liability standards or division requirements, if higher, as determined by the Office of Chief Counsel.

(4)(A) The division will reimburse resource parents for the actual amount of the additional cost of adding a specific youth experiencing foster care as a driver on the insurance policy for a specific motor vehicle.

(B) The resource parent must present documentation from the insurance company of the actual amount of the additional cost to qualify for reimbursement.

(5)(A) If the youth owns their own car, he or she must present documentation of the cost of the policy that insures them.

(B) The division will reimburse the youth for the actual amount of the insurance policy.

(6) All reimbursement requests will be reviewed and approved by the director or designee.

(e) Requirements for participation in the insurance reimbursement program.

(1)(A) The minimum requirements to participate in the division Insurance Reimbursement Program are approval and permission to participate in the Driver’s License Program for youth in out-of-home placement.

(B) When participating in the Insurance Reimbursement Program, the youth agrees to give the division authority to:

(i) Take possession of their driver’s license;

(ii) Suspend driving and insurance reimbursement privileges; and

(iii) Petition the Revenue Division for revocation of their driver’s license.

(2)(A) The division will monitor the driving record, behavior, and school performance of all youth in division custody who have elected to participate in the division Insurance Reimbursement Program.

(B) If at any time, the youth no longer meets all of the state and the division requirements, the division may elect to discontinue reimbursing the resource parents or the youth for the actual costs of insuring the youth.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"09/2010" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-1017 Driver’s license program for youth in out-of-home placement {#sec-9-car-40-1017 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-1017}

Codification Notes: 9 CAR § 40-1017, concerning a driver's license program for youth in an out-of-home placement, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-1018 Insurance reimbursement program for youth in out-of-home placement {#sec-9-car-40-1018 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-1018}

Codification Notes: 9 CAR § 40-1018, concerning an insurance reimbursement program for youth in an out-of-home placement, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

Subpart 11

9 CAR § 40-1101 Home studies and supervision {#sec-9-car-40-1101 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-1101}

9 CAR § 40-1101. Home studies and supervision.

(a)(1) The Division of Children and Family Services will conduct home studies or provide supervision services when ordered by the juvenile division of the circuit court.

(2) The division will also conduct home studies for cases in which the division is a party of the litigation and for Interstate Compact on the Placement of Children (ICPC), Arkansas Code § 9-29-201 et seq., cases.

(3) A court order to conduct a home study is not required for cases in which the division is a party to the litigation or for ICPC cases.

(4) Requests for home studies on adoption cases requested from other states will only be conducted through ICPC.

(b) The division will not be required to conduct a court ordered home study, investigation, or supervision related to private litigation cases (such as divorce or custody) unless the court has first determined that the responsible party is indigent, and the investigation, study, or supervision is to take place within the State of Arkansas.

(c)(1) The following policy statements are in accordance with the Revised Uniform Adoption Act, Arkansas Code § 9-9-201 et seq.

(2) The Department of Human Services or any licensed social worker shall conduct a home study before placement of a child in the home of the petitioner.

(3) Home studies on non-Arkansas residents may also be conducted by the person or agency in the same state as the person wishing to adopt as long as the person or agency is authorized under the law of that state to conduct home studies for adoptive purposes.

(d) The division shall not be ordered by any court to conduct an adoptive home study, unless:

(1) The court has first determined the responsible party to be indigent or the child to be adopted is the subject of an open dependency-neglect case and the goal of the case is adoption; and

(2) The person to be studied lives in the State of Arkansas.

(e) The home study shall be prepared and submitted in conformity with regulations promulgated pursuant to the Child Welfare Agency Licensing Act, Arkansas Code § 9-28-401 et seq., as stated in PUB-04.

(f) The home study shall not be waived when the case is a fast-track adoption of a Garrett’s Law baby under Arkansas Code § 9-9-702.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"01/2011" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-1102 Guidelines for a home study {#sec-9-car-40-1102 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-1102}

Codification Notes: 9 CAR § 40-1102, concerning the guidelines for a home study, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR § 40-1103 Content of the home study {#sec-9-car-40-1103 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-1103}

9 CAR § 40-1103. Content of the home study.

(a) Purpose of the home study. Discuss the basis of the action and primary persons involved.

(b) Motivation. The individual’s or individuals’ motivation for opening their home.

(c) Household composition. The full legal names of everyone residing in the home, birth dates, relationships to each other, and a brief physical description.

(d) Housing. Address and location, type of structure, length of time at residence, upkeep and housekeeping standards, future residence plans, and sleeping arrangements.

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

(1) Water hazards;

(2) Swimming pools;

(3) Hot tubs;

(4) Dangerous pets; and

(5) Other hazardous items or areas.

(f) Income and expenses.

(1) Employment history for the last six (6) years (including but not limited to duration, salary, duties, title, degree of job security, and hours), other sources of income, monthly living expenses, outstanding debts, and insurance.

(2) A recent check stub and the previous year’s income tax return are required to verify income and employment.

(g) Health. Current health of each family member, prior illnesses or medical problems, disabilities, clinic or doctor utilized and frequency of use, counseling (when and purpose) and hospitalization for alcohol abuse, drug abuse, or mental illness.

(h) Education. Family members’ educational attainment, future educational plans, parenting classes attended, child’s school, child’s teacher (verification with school personnel on how the child is doing, academically and behaviorally), child’s current school grades, child’s educational functioning, any school problems or successes experienced by the child.

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

(j) Child rearing practices. Purpose of discipline, correction methods, how they show affection, how they handle stress, allowance, chores, and homework.

(k) Daily schedule. Routines, sleeping habits, feeding habits, personal hygiene habits, and consistency with routine.

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

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

(n) Collateral and reference contacts.

(1) Discuss the results of contacts with the Request for Child Maltreatment Central Registry Check, Division of Arkansas State Police Criminal Record Check (this check is also required), school, childcare providers, and reference letters for the home study.

(2) Any problems or concerns identified through collateral or reference contacts should be shared when appropriate with the family for clarification and further discussion.

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

(p) Approval. If the division approves the resource parents the division shall specify in the home study the number, age, sex, and other characteristics of children for whom the home is approved to provide care.

History

History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-1104 Supervision record {#sec-9-car-40-1104 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-1104}

Codification Notes: 9 CAR § 40-1104, concerning a supervision record, was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

Subpart 12

9 CAR § 40-1201 Services to children of immigrant families {#sec-9-car-40-1201 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-1201}

9 CAR § 40-1201. Services to children of immigrant families.

(a)(1) There will be special situations when the Division of Children and Family Services will be required to respond to child welfare related emergencies that occur in the immigrant community.

(2) The division may provide needed services to families in the community, including information and referrals, prevention, in-home, and permanency services to children (birth to seventeen (17) years of age).

(3) Any children at immediate risk of harm or apparently in need of protection will receive division services, regardless of the immigration status of the child or their parents.

(b)(1) The division staff members are not required to verify any client’s citizenship or immigration status.

(2) If a division staff member has any reason to suspect that a client is in the United States illegally, the staff member will ask the client to verify their citizenship or immigration status.

(3) The division staff member will accept the client’s documentation or verbal response at face value without further questioning and will document all information provided (documents or verbal statements) regarding the client’s citizenship and immigration status in the division information management system.

(c)(1) If it is believed that a client child is an undocumented immigrant, the case will be reviewed by the division Social Service Specialist, Social Service County Manager, and Social Service Area Manager.

(2) If they believe that the child is an undocumented immigrant, they will refer the case to the Special Assistant to the Director of the Division of Children and Family Services.

(3) The Special Assistant to the director will discuss the case with the attorney designated to handle Special Immigrant Juvenile Status (SIJS) cases to determine if the case is appropriate for SIJS.

(4) If the case is appropriate, the Office of Chief Counsel attorney will prepare and submit the SIJS application to the appropriate agency.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"02/2008" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-1202 The Division of Children and Family Services response to children of actual or suspected undocumented immigrants {#sec-9-car-40-1202 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-1202}

9 CAR § 40-1202. The Division of Children and Family Services response to children of actual or suspected undocumented immigrants.

(a) Maltreatment reports. The Division of Children and Family Services will accept a maltreatment report regarding a suspected undocumented immigrant.

(b) In-home services.

(1) The division will open a case as appropriate and ask for documentation of the parent and child’s birth.

(2) The funding source for services to undocumented immigrants will be state general revenue.

(3) Staff will contact their Social Service Area Manager to receive approval from the division Administrative Services prior to any purchase of services for suspected undocumented immigrants.

(4) Contact the Division of County Operations and request any available information regarding the identity and citizenship or immigration status of the family members.

(5)(A) If any family members involved in the case are in the United States illegally, the division staff will report them through the Social Service County Manager and Social Service Area Manager.

(B) The Social Service Area Manager will discuss the case with the Office of Chief Counsel attorney designated to handle such cases.

(1)(A) Will be available to undocumented immigrants.

(B) Ask the client to verify their citizenship or immigration status and accept their documents or verbal statement without further questioning.

(C) If any family member involved in the case is in the United States illegally, report them through the Social Service County Manager and Social Service Area Manager.

(D) The Social Service Area Manager will discuss the case with the Office of Chief Counsel attorney designated to handle such cases.

(2) All requests for exception must go up through the supervisory chain and be referred to the Director of the Division of Children and Family Services for the same processing as a request for alternative compliance.

(d) Permanency services.

(1) Document citizenship status in the division information management system.

(2) Address the issue of resolving alien status in the family case plan.

(3) Judicial proceedings. If the parent of the child experiencing foster care is deported and it is not in best interest of the child to be returned to the parent and parent’s country, the division may request special immigrant juvenile status (SIJS) if the child is an undocumented immigrant.

(4) Hold a staffing to determine if reunification is in the child’s best interest or if the child’s goal should be:

(A) Another planned permanent living arrangement (APPLA);

(B) Adoption; or

(5)(A) If the child’s goal is APPLA, adoption, or guardianship, SIJS must be applied for if the child in care is an undocumented immigrant.

(B) Contact the Social Service Area Manager for assistance in completing the application for special immigrant juvenile status.

(6) Immigrant status must be verified for Chafee services.

(e) Adoption.

(1) A child whose immigration status is in question may be eligible for a state adoption subsidy.

(2) If the child is granted SIJS the child will be Medicaid eligible and may be Title IV-E eligible.

(f) FINS. Verify immigrant status on FINS cases when working with immigrant population.

History

History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

Subpart 13

9 CAR § 40-1301 Child Maltreatment Central Registry {#sec-9-car-40-1301 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-1301}

9 CAR § 40-1301. Child Maltreatment Central Registry.

(a)(1) The Child Maltreatment Central Registry of the Department of Human Services collects records of child maltreatment reports which are determined to be true pursuant to Arkansas Code § 12-18-901.

(2) The goal of the Child Maltreatment Central Registry is to ensure protection of children and other vulnerable populations from individuals named as an offender in a true report of child maltreatment.

(3) The Division of Children and Family Services maintains the statewide Child Maltreatment Central Registry.

(4) Reports made to the division are confidential and may be disclosed only as provided by Arkansas Code §§ 12-18-909 and 12-18-910.

(b)(1) Names of offenders and alleged offenders shall be placed on the Child Maltreatment Central Registry as specified by Arkansas Code § 12-18-903.

(2) Names will be removed automatically or at the request of the offender according to Arkansas Code § 12-18-908.

(c) All requests for Child Maltreatment Central Registry information will be made through the Child Maltreatment Central Registry Unit in the division’s Central Office.

(d)(1) The division may charge a reasonable fee, not to exceed ten dollars ($10.00) for research, copying, and mailing records of the investigative files of child maltreatment cases and Child Maltreatment Central Registry information.

(2) The division may also charge a reasonable fee for reproducing copies of electronic media, such as audio tapes, video recordings, compact discs, or DVDs, and photographs.

(e) No fee will be charged to a:

(1) Nonprofit or volunteer agency that requests searches of the investigative files; or

(2) Person who is indigent.

History

Codification Notes: “DVD” means digital video disc.This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "05/2022" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-1302 Placement of name on the Child Maltreatment Central Registry {#sec-9-car-40-1302 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-1302}

9 CAR § 40-1302. Placement of name on the Child Maltreatment Central Registry.

(a) An offender’s name shall be placed in the Child Maltreatment Central Registry in the following cases, as provided by Arkansas Code § 12-18-903:

(1) After notice, the offender eighteen (18) years of age or older at the time the act or omission occurred does not request an administrative hearing within thirty (30) days;

(2) The offender was a child fourteen to seventeen (14 – 17) years of age at the time of the act or omission and the child or his or her legal guardian waived the administrative hearing;

(3) The administrative law judge upheld the investigative determination of true pursuant to a preliminary administrative hearing; and

(4) Upon completion of the administrative hearing process, the Division of Children and Family Services determination of true is upheld.

(b) In addition to the requirements above, the name of an offender will be placed in the Child Maltreatment Central Registry only if the Department of Human Services determines pursuant to Arkansas Code § 12-18-702 that the offender may pose a risk of maltreatment to a vulnerable population that includes without limitation:

(1) Children;

(2) The elderly;

(3) Persons with a disability; and

(4) Persons with a mental health illness.

(1)(A) An offender’s name shall be placed provisionally in the Child Maltreatment Central Registry as specified by Arkansas Code § 12-18-905 when directed by an administrative law judge (ALJ) after the determination of a prima facie case in a preliminary administrative hearing (refer to 9 CAR §§ 40-1007 and 40-1502).

(B) The alleged offender may request a regular administrative hearing within thirty (30) days of receipt of the notice of the investigative determination.

(C) Failure to do so shall result in a finding by the ALJ that the provisional designation shall be removed and the offender’s name shall be officially placed in the Child Maltreatment Central Registry.

(2) If an alleged offender’s name is provisionally placed in the Child Maltreatment Central Registry, any disclosure by the Child Maltreatment Central Registry shall include the notation that the name has only been provisionally placed in the Child Maltreatment Central Registry.

(d) Permanent placement. Pursuant to Arkansas Code § 12-18-908, an offender shall permanently remain on the Child Maltreatment Central Registry if the:

(1) Adult offender:

(A) Is convicted of a criminal offense for an act or omission that constitutes child maltreatment and for which the offender is named in the Child Maltreatment Central Registry regardless of any subsequent expungement of the offense from the adult offender’s criminal record;

(B) Has a conviction for the criminal offense described in subdivision (d)(1)(A) of this section that has not been reversed or vacated; and

(2) Offender was a juvenile fourteen to seventeen (14 – 17) years of age, and:

(A) Is convicted of a felony as an adult for an act or omission for which the offender is named in the Child Maltreatment Central Registry, regardless of any subsequent expungement of the felony from the offender’s criminal record;

(B) The offender’s conviction for the felony described in subdivision (d)(1)(A) of this section has not been reversed or vacated; and

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"05/2022" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-1303 Automatic name removal from Child Maltreatment Central Registry – Criteria for removal {#sec-9-car-40-1303 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-1303}

9 CAR § 40-1303. Automatic name removal from Child Maltreatment Central Registry – Criteria for removal.

(a) The offender’s name will be automatically removed from the Child Maltreatment Central Registry if:

(1) More than one (1) year has passed since the offender’s name was placed on the Child Maltreatment Central Registry;

(2) The offender has not had a subsequent true report of this type for one (1) year;

(3) The offender was not placed in the Child Maltreatment Central Registry for child maltreatment that resulted in or was related to a child fatality; and

(4) The offender was placed in the Child Maltreatment Central Registry for the following type of maltreatment:

(A) Educational neglect;

(B) Failure to provide care, maintenance, or support

(D) Failure to provide food, clothing, shelter, or medical treatment.

(b)(1) Arkansas Code § 12-18-908 allows these to be set at the discretion of the Secretary of the Department of Human Services.

(2) However, these can only be changed through normal promulgation after a special review by the House Interim Committee on Aging, Children and Youth, Legislative and Military Affairs and the Senate Interim Committee on Children and Youth.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"05/2022" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-1304 Child Maltreatment Central Registry Review Team {#sec-9-car-40-1304 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-1304}

9 CAR § 40-1304. Child Maltreatment Central Registry Review Team.

(a) If the offender’s name is not eligible to be automatically removed from the Child Maltreatment Central Registry as described in 9 CAR § 40-1303, the Child Maltreatment Central Registry Review Team shall review removal requests.

(b) The Child Maltreatment Central Registry Review Team shall operate as follows:

(1)(A) The Director of the Division of Children and Family Services will appoint the members of the Child Maltreatment Central Registry Review Team.

(B) The Review Team will be made up of the Division of Children and Family Services central office and field staff and the Crimes Against Children Division.

(D) A representative of the Office of Chief Counsel may provide legal advice and assistance to the team but will not be a member of the Child Maltreatment Central Registry Review Team;

(2) The Review Team will select an alternating chairperson for each quarter;

(3) The Review Team will determine a regular meeting schedule for the review of any requests that meet all criteria but shall meet no less frequently than on a quarterly basis;

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

(B) All decisions will be by a majority vote of the team members; and

(5)(A) All team decisions will be sent in writing by the Central Registry Manager or designee.

(B) Denials will be sent to the applicants by certified mail within fifteen (15) days of the review team meeting.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"05/2022" Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-1305 Name removal from Child Maltreatment Central Registry by an adult offender’s request {#sec-9-car-40-1305 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-1305}

9 CAR § 40-1305. Name removal from Child Maltreatment Central Registry by an adult offender’s request.

(a) Removal criteria.

(1) An adult offender is defined as a person eighteen (18) years of age or older at the time of the act or omission that resulted in a true finding of child maltreatment.

(2) An adult offender may request their name be removed from the Child Maltreatment Central Registry when:

(A) More than one (1) year has passed since the adult offender’s name was placed on the Child Maltreatment Central Registry; and

(B) The individual has not had a subsequent true report of this type for one (1) year.

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

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

(B) The adult offender was placed into the Child Maltreatment Central Registry for any of the child maltreatment type or types involving any of the injury characteristics or details listed below and his or her parental rights were subsequently terminated either voluntarily or involuntarily:

(i) Abuse with deadly weapon;

(ii) Bone fractures;

(iii) Brain damage or skull fracture;

(iv) Burns or scalding;

(v) Immersion;

(vi) Interfering with a child’s breathing;

(vii) Internal injuries;

(viii) Malnutrition;

(ix) Oral sex;

(x) Presence of illegal substance in child or its mother at time of birth resulting from mother’s knowing use of the substance;

(xi) Sexual exploitation;

(xii) Sexual penetration;

(xiii) Shaking a child age three (3) years of age or younger;

(xiv) Striking a child with a closed fist;

(xv) Subdural hematoma; and

(xvi) Suffocation.

(5) In addition, pursuant to Arkansas Code § 12-18-908, an adult offender shall permanently remain on the Child Maltreatment Central Registry if the:

(A) Adult offender is convicted of a criminal offense for an act or omission that constitutes child maltreatment and for which the adult offender is named in the Child Maltreatment Central Registry regardless of any subsequent expungement of the offense from the adult offender’s criminal record;

(B) Adult offender’s conviction for the criminal offense as described in subdivision (a)(5)(A) of this section has not been reversed or vacated; or

(b) Application format for an adult offender.

(1)(A) An application for name removal from the Child Maltreatment Central Registry shall conform to the following.

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

(i) A personal letter describing:

(a) The offender’s reason for the removal request;

(b) The events and circumstances surrounding the child maltreatment finding;

(d) Why the offender does not pose a risk of maltreatment to vulnerable populations, including without limitation, children, the elderly, persons with a disability, and persons with a mental health illness;

(ii) Arkansas Child Maltreatment Central Registry results free from a true finding of the same maltreatment type for the preceding year;

(iii) Completed Division of Arkansas State Police criminal record check and Federal Bureau of Investigation record check release to allow the Division of Children and Family Services to access the applicant’s Arkansas Crime Information Center background check results to determine if he or she is free from child maltreatment-related offense for the preceding one (1) year;

(iv) Description and documentation (for example, court records, letter from the adult offender’s attorney, probation officer, or prosecuting attorney) of any current pending criminal charges, if applicable; and

(v) Evidence of the offender’s rehabilitation. Examples may include:

(i)(a) Documentation of treatment, remediation, or rehabilitation programs as related to the specific offense if applicable.

(b) For removal requests related to sexual abuse, documentation of rehabilitation may be requested by the review team as documentation from a licensed mental health professional that:

(1) States that the requestor has participated in therapy with the licensed mental health professional to address the issues related to the sexual abuse offense;

(2) States total length of time the requestor has participated in therapy with the licensed mental health professional to address the issues related to the sexual abuse offense and the frequency of therapy sessions during that period of time;

(3) Indicates whether a sex-offender-specific assessment was conducted during the therapy period, such as the Vermont Assessment of Sex Offender Risk (VASOR), Clarke Sex History Questionnaire for Males—Revised, or Hare Psychotherapy Scale. Note: The use of such an assessment is not necessarily a requirement for removal but the presence or absence of such an assessment will be considered; or

(4) Provides the licensed mental health professional’s assessment of the requestor’s participation during the therapy period; and

(ii)(a) One (1) to three (3) letters of reference from professionals (not to include division employees), employers, spiritual counselors, friends, or family describing the offender’s rehabilitation and whether the offender poses a risk of maltreatment to vulnerable populations, including without limitation, children, the elderly, persons with a disability, and persons with a mental health illness.

(b) No more than one (1) letter of reference can be submitted from a family member.

(2)(A) As part of the review of a request for removal from the Child Maltreatment Central Registry, the division shall conduct all required background and Child Maltreatment Central Registry checks, including:

(i) Child maltreatment registry results from the offender’s current state of residence and/or any state in which the offender has resided in the preceding year free from a true finding of the same maltreatment type for the preceding year;

(ii) State background check results from the offender’s current state of residence and/or any state in which the offender has resided in the preceding year free from child maltreatment-related offense for the preceding one (1) year.

(B) In addition, the review team or designated staff member supporting the review team will conduct a search in the division information management system to verify whether the applicant has not had a true determination of the same maltreatment type for the preceding year.

(C) As part of this process, the review team will also conduct a detailed review for proof of service of the determination notification to the alleged offender, regardless of the timeframe, and his or her right to a hearing.

(D) If there is no proof of service and exhaustion of due process, all cases will be treated as true pending due process in accordance with Arkansas Code § 12-18-908 with an evaluation of whether an expedited hearing may be needed to ensure the safety of a vulnerable population.

(1)(A) The review team will consider requests for removal of names from the registry.

(B) In determining whether to remove an offender from the Child Maltreatment Central Registry the review team shall consider any relevant evidence, which may include, but is not limited to the following:

(i) The circumstances surrounding the maltreatment;

(ii) The seriousness of the harm caused by the maltreatment to the child or children;

(iii) The probability of the offender engaging in future maltreatment;

(iv) Evidence of the offender’s completion of training, rehabilitation, and efforts to learn effective strategies to care for children; and

(v) Any other information that is relevant to the specific offense.

(2) If the child maltreatment type is in the removal-by-request category, and the adult offender has not had a subsequent true report of this type for one (1) year and more than one (1) year has passed since the offender’s name was placed on the Child Maltreatment Central Registry, he or she will have a right to a review of the case.

(3) If the review team determines upon review of the initial investigation and all documentation associated with the name removal request that the investigation determination or the assessment of risk to a vulnerable population resulted in the offender being placed on the Child Maltreatment Central Registry was not supported by the evidence documented within the investigation, the review team may remove the adult offender from the Child Maltreatment Central Registry based on this assessment.

(4) If the review team denies the request-for-removal of the name from the Child Maltreatment Central Registry, the review team shall send a denial letter to the adult offender explaining the reason for denial as it relates to:

(A) The circumstances surrounding the maltreatment;

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

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

(E) Any pending criminal charges surrounding the maltreatment; and

(F) Any other information that is relevant to the specific offense.

(4)(A) The adult offender shall wait one (1) year from the date of the request for removal before filing a new petition with the division requesting the offender’s name be removed from the Child Maltreatment Central Registry.

(B) However, if the review team needs additional information from the adult offender in order to make the determination as to whether to remove his or her name from the Child Maltreatment Central Registry, the review team may request that the adult offender provide the additional information without requiring the adult offender to wait an additional year to file a new petition.

(D) The adult offender shall have ten (10) calendar days from the date of the request to submit the requested additional information.

(E) If the request is sent via mail, the adult offender shall be given an additional three (3) calendar days to submit the information.

(F) If the requested information is not submitted within the specified timeframe, then the adult offender shall wait one (1) year from the date of the request to file a new petition requesting his or her name be removed from the Child Maltreatment Central Registry.

(5) If the review team denies the request-for-removal of the name from the Child Maltreatment Central Registry, the adult offender may request an administrative hearing within thirty (30) days from the receipt of the division’s decision.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"05/2022" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-1306 Name removal from Child Maltreatment Central Registry by a juvenile offender’s request {#sec-9-car-40-1306 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-1306}

9 CAR § 40-1306. Name removal from Child Maltreatment Central Registry by a juvenile offender’s request.

(a) Removal criteria.

(1) Pursuant to Arkansas Code § 12-18-908, the name of an offender who was a juvenile at the time of the offense shall not be removed from the Child Maltreatment Central Registry if:

(A) The offender is convicted of a felony as an adult for an act or omission that is the same act or omission for which the offender is named in the Child Maltreatment Central Registry regardless of any subsequent expungement of the felony from the offender’s criminal record;

(B) The offender’s conviction for the felony described in subdivision (a)(1)(A) in this section has not been reversed or vacated; and

(2) However, the name of an offender who was a juvenile at the time of the offense shall be removed from the Child Maltreatment Central Registry, as provided by Arkansas Code § 12-18-908, when:

(A) The juvenile has reached eighteen (18) years of age or more than one (1) year has passed from the date of the act or omission that caused the true finding of child maltreatment and there have been no subsequent acts or omissions resulting in a true finding of child maltreatment; and

(B) The juvenile offender can prove by a preponderance of the evidence that he or she has been rehabilitated.

(b) Application format for a juvenile offender.

(1) An application for name removal from the Child Maltreatment Central Registry shall conform to the following.

(2) The juvenile offender will submit his or her request to the Director of the Division of Children and Family Services via the CFS-328-B: Request for Name Removal from the Child Maltreatment Central Registry by Juvenile Offender and shall also submit:

(A) Completed Division of Arkansas State Police criminal and Federal Bureau of Investigation record check release to allow the Division of Children and Family Services to access the applicant’s Arkansas Crime Information Center background check results free from child maltreatment-related offense for the preceding one (1) year;

(B) Evidence of the offender’s rehabilitation, which may include, but is not limited to:

(i) A personal letter from the offender describing their rehabilitation;

(ii) Documents proving participation in treatment, remediation, or rehabilitation programs; and

(iii) One to three (1 – 3) letters of reference from professionals (not to include division employees), employers, spiritual counselors, friends, or family describing the offender’s rehabilitation.

(3) As part of the review of a request for removal from the Child Maltreatment Central Registry, the division shall conduct all required background and central registry checks, including:

(A) Child maltreatment registry results from the offender’s current state of residence and any state in which the offender has resided in the preceding year free from a true finding of the same maltreatment type for the preceding year;

(B) State background check results from the offender’s current state of residence and any state in which the offender has resided in the preceding year free from child maltreatment-related offense for the preceding one (1) year.

(4)(A) In addition, the Child Maltreatment Central Registry Review Team or designated staff member supporting the review team will conduct a search in the division information management system to verify whether the applicant has not had a true determination of the same maltreatment type for the preceding year.

(B) As part of this process, the review team will also conduct a detailed review for proof of service of the determination notification to the alleged offender, regardless of the timeframe, and his or her right to a hearing.

(C) If there is no proof of service and exhaustion of due process, all cases will be treated as true pending due process in accordance with Arkansas Code § 12-18-908 with an evaluation of whether an expedited hearing may be needed to ensure the safety of a vulnerable population.

(1)(A) The review team will consider requests for removal of names from the Child Maltreatment Central Registry.

(B) In determining whether to remove a juvenile offender’s name from the Child Maltreatment Central Registry, the review team shall consider the following:

(i) Whether the criminal history reveals any convictions as an adult for the same act for which the offender is named in the registry;

(ii) Whether the juvenile offender has reached eighteen (18) years of age, or one (1) year has passed from the date of the act or omission that caused the true finding of child maltreatment;

(iii) There have been no subsequent acts or omissions resulting in a true finding of child maltreatment; and

(iv) The information submitted proves, by a preponderance of the evidence, that the juvenile offender has been rehabilitated.

(2) If the review team determines upon review of the initial investigation and all documentation associated with the name removal request that the investigation determination or the assessment of risk to a vulnerable population resulted in the juvenile offender being placed on the Child Maltreatment Central Registry was not supported by the evidence documented within the investigation, the review team may remove the juvenile offender from the Child Maltreatment Central Registry based on this assessment.

(3)(A) If the review team denies the request-for-removal of the name from the Child Maltreatment Central Registry, the review team shall send a denial letter to the juvenile offender explaining the reason for denial.

(B) The juvenile offender shall wait one (1) year from the date of the request for removal before filing a new petition with the division requesting the offender’s name be removed from the Child Maltreatment Central Registry.

(C) If the review team denies the request-for-removal of the name from the Child Maltreatment Central Registry, the juvenile offender may request an administrative hearing within thirty (30) days from the receipt of the division’s decision.

(3)(A) However, if the review team needs additional information from the juvenile offender to make the determination as to whether to remove their name from the Child Maltreatment Central Registry, the review team may request that the juvenile offender provide the additional information without requiring the juvenile offender to wait an additional year to file a new petition.

(B) The review team shall inform the juvenile offender in writing of the specific additional information requested.

(C) The juvenile offender shall have ten (10) calendar days from the date of the request to submit the requested additional information.

(D) If the request is sent via email, the juvenile offender shall be given an additional three (3) calendar days to submit the information.

(E) If the requested information is not submitted within the specified timeframe, then the juvenile offender shall wait one (1) year from the date of the request to file a new petition requesting his or her name be removed from the Child Maltreatment Central Registry.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"05/2022" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

Subpart 14

9 CAR § 40-1401 Notices regarding child maltreatment {#sec-9-car-40-1401 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-1401}

9 CAR § 40-1401. Notices regarding child maltreatment.

(a) The Division of Children and Family Services will issue notices regarding child maltreatment allegations, child maltreatment investigative findings, and appeal decisions to all persons pursuant to Arkansas Code § 12-18-703 et seq.

(b) The division will issue notices in such a way as to ensure the rights to due process of the alleged offender and to protect others who may be at risk of harm from the alleged offender.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"08/2013" Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-1402 Notices of allegations of child maltreatment {#sec-9-car-40-1402 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-1402}

9 CAR § 40-1402. Notices of allegations of child maltreatment.

Upon receipt of an initial report of child maltreatment, the investigating agency shall notify the following:

(1)(A) Law enforcement.

(B) Type of allegation. Severe maltreatment only.

(i) Name of each alleged victim.

(ii) Name of alleged offender.

(iii) Type of maltreatment.

(D) When. Immediately, by telephone.

(E) Form (optional). CFS-201-A: Notice of Child Maltreatment Allegation to Law Enforcement and Prosecuting Attorney or CACD-201-A: Notice of Child Maltreatment Allegation to Law Enforcement and Prosecuting Attorney as appropriate;

(2)(A) Prosecuting attorney.

(B) Type of allegation. Severe maltreatment only, unless the prosecuting attorney has provided written notice to the Department of Human Services that the department need not send notification of the initial maltreatment report.

(i) Name of each alleged victim.

(ii) Name of alleged offender.

(iii) Type of maltreatment.

(D) When. Within five (5) business days.

(E) Form. CFS-201-A: Notice of Child Maltreatment Allegation to Law Enforcement and Prosecuting Attorney or CACD-201-A: Notice of Child Maltreatment Allegation to Law Enforcement and Prosecuting Attorney as appropriate;

(3)(A) Facility Director or Licensing or Registering Authority or the Director of the Division of Children and Family Services.

(B) Type of allegation. All maltreatment, only if the maltreatment occurred at the facility or if the alleged offender holds a license or registration from the authority.

(i) Name of alleged offender.

(ii) Type of maltreatment.

(D) When. Immediately, by telephone.

(E) Form (optional). CFS-202-A or CACD-202-A as appropriate;

(4)(A) Legal parent or legal guardian of alleged offender experiencing foster care.

(B) Type of allegation. All maltreatment.

(D) Form. CFS-204-A: Notice of Child Maltreatment Allegation to Licensing/Registering Authority or CACD-204-A: Notice of Child Maltreatment Allegation to Licensing/Registering Authority as appropriate;

(5)(A) Current resource parent of alleged offender.

(B) Type of allegation. All maltreatment.

(i) Name of alleged offender.

(ii) Type of maltreatment.

(D) When. Within five (5) business days.

(E) Form. CFS-204-A: Notice of Child Maltreatment Allegation to Licensing/Registering Authority or CACD-204-A: Notice of Child Maltreatment Allegation to Licensing/Registering Authority as appropriate;

(6)(A) Legal parent or legal guardian of alleged victim experiencing foster care.

(B) Type of allegation. All maltreatment.

(i) Name of alleged victim.

(ii) Type of maltreatment.

(D) When. Within five (5) business days.

(E) Form. CFS-205-A: Notice of Child Maltreatment Allegation to Legal Caregivers and Current Resource Parents of Alleged Victims experiencing Foster Care;

(7)(A) Current resource parent of alleged victim.

(B) Type of allegation. All maltreatment.

(i) Name of alleged victim.

(ii) Type of maltreatment.

(D) When. Within five (5) business days.

(E) Form. CFS-205-A: Notice of Child Maltreatment Allegation to Legal Caregivers and Current Resource Parents of Alleged Victims experiencing Foster Care;

(8)(A) Attorney ad litem of alleged victim.

(B) Type of allegation. All maltreatment.

(i) Name of alleged victim.

(ii) Name of alleged offender.

(iii) Type of maltreatment.

(D) When. Within five (5) business days.

(E) Form. CFS-206-A: Notice of Child Maltreatment Allegation to Attorney Ad Litem, CASA, and Counsel in Dependency Neglect or FINS Case of Alleged Victim;

(9)(A) Court appointed special advocate of alleged victim.

(B) Type of allegation. All maltreatment.

(i) Name of alleged victim.

(ii) Name of alleged offender.

(iii) Type of maltreatment.

(D) When. Within five (5) business days.

(E) Form. CFS-206-A: Notice of Child Maltreatment Allegation to Attorney Ad Litem, CASA, and Counsel in Dependency Neglect or FINS Case of Alleged Victim;

(10)(A) Counsel in dependency neglect or FINS case if alleged victim has an open court case.

(B) Type of allegation. All maltreatment.

(i) Name of alleged victim.

(ii) Name of alleged offender.

(D) Form. CFS-206-A: Notice of Child Maltreatment Allegation to Attorney Ad Litem, CASA, and Counsel in Dependency Neglect or FINS Case of Alleged Victim;

(11)(A) Attorney ad litem of alleged offender.

(B) Type of allegation. All maltreatment.

(i) Name of alleged victim.

(ii) Name of alleged offender.

(iii) Type of maltreatment.

(D) When. Within five (5) business days.

(E) Form. CFS-208-A: Notice of Child Maltreatment Allegation to Attorney Ad Litem and CASA of Alleged Offender;

(12)(A) Court appointed special advocate of alleged offender.

(B) Type of allegation. All maltreatment.

(i) Name of alleged victim.

(ii) Name of alleged offender.

(iii) Type of maltreatment.

(D) When. Within five (5) business days.

(E) Form. CFS-208-A: Notice of Child Maltreatment Allegation to Attorney Ad Litem and CASA of Alleged Offender;

(13)(A) Attorney ad litem of child in resource home where maltreatment is reported or where an alleged juvenile offender or underaged juvenile offender is placed.

(B) Type of allegation. All maltreatment.

(i) Name of child represented by AAL only.

(ii) Type of maltreatment.

(D) When. Within five (5) business days.

(E) Form. Notice of Child Maltreatment Allegation to AAL or CASA of Child in Resource Home Where Maltreatment Is Reported or Where an Alleged Juvenile Offender or Underaged Juvenile Offender is Placed;

(14)(A) Court appointed special advocate of a child in a resource home where maltreatment is reported or where an alleged juvenile offender or underaged juvenile offender is placed.

(B) Type of allegation. All maltreatment.

(i) Name of child represented by the CASA only.

(ii) Type of maltreatment.

(D) When. Within five (5) business days.

(15)(A) Counsel in dependency neglect or FINS case if alleged offender has an open court case.

(B) Type of allegation. All maltreatment.

(i) Name of alleged victim.

(ii) Name of alleged offender.

(iii) Type of maltreatment.

(D) When. Within five (5) business days.

(E) Form. CFS-210-A: Notice of Child Maltreatment Allegation to Coordinator of Multidisciplinary Team for Alleged Victim or Offender and Counsel in Dependency Neglect or FINS Case for Alleged Offender;

(16)(A) Multidisciplinary team for alleged victim or offender.

(B) Type of allegation. All maltreatment.

(i) Name of alleged offender.

(ii) Name of alleged victim.

(iii) Type of maltreatment.

(D) When. Within five (5) business days.

(17)(A) School where any child who comes into division custody is enrolled, only if the Division of Children and Family Services exercises a seventy-two-hour hold, or if court awards division custody of a child.

(B) Type of allegation. All maltreatment.

(D) When. By next business day.

(E) Form. CFS-384-LEA: Notification to Local Education Agency of Changes in Child Placement, Changes in Schools or Experiences of Traumatic Events or CACD-384-LEA: Notification to Local Education Agency of Changes in Child Placement, Changes in Schools or Experiences of Traumatic Events as appropriate;

(18)(A) School where alleged juvenile offender is enrolled.

(B) No notice is given until due process is satisfied; and

(19)(A) Alleged offender.

(B) Type of allegation. All maltreatment.

(i) Name of alleged offender.

(ii) Name of alleged victim.

(iii) Type of maltreatment.

(D) When. Hand-deliver at initial contact with alleged offender.

(E) Form. CFS-212-A: Notice of Child Maltreatment Allegation to Alleged Offender or CACD-212-A: Notice of Child Maltreatment Allegation to Alleged Offender as appropriate.

History

History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-1403 Notices of at-risk determinations {#sec-9-car-40-1403 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-1403}

9 CAR § 40-1403. Notices of at-risk determinations.

(a) If it is determined that the alleged offender is a juvenile or works with children or is otherwise engaged in paid or volunteer child-related activities or works with the elderly or an individual with a disability or mental illness (see 9 CAR § 40-327 for more information regarding how to make at risk determination), the investigator will:

(1) Complete applicable sections of CFS-215-R: Risk Determination of Certain Individuals Under Care of Alleged Offender and immediately submit to their supervisor; and

(2) If notified by the Area Manager that the Director of the Division of Children and Family Services or designee has confirmed the at-risk determination via CFS-215-R: Risk Determination of Certain Individuals Under Care of Alleged Offender:

(A) Issue the at-risk determination notice as applicable via CFS-214: Notice of Child Maltreatment Allegation to Employer, Volunteer Coordinator, or Licensing or Registering Authority; and

(B) Place a copy of the CFS-214: Notice of Child Maltreatment Allegation to Employer, Volunteer Coordinator, or Licensing or Registering Authority and completed CFS-215-R: Risk Determination of Certain Individuals Under Care of Alleged Offender in the investigative file.

(b) The supervisor will:

(1) Review CFS-215-R: Risk Determination of Certain Individuals Under Care of Alleged Offender immediately upon receipt;

(2) Conference immediately with the investigator regarding the at-risk determination; and

(3) Complete applicable sections of CFS-215-R: Risk Determination of Certain Individuals Under Care of Alleged Offender and immediately submit to their Area Manager.

(1) Review CFS-215-R: Risk Determination of Certain Individuals Under Care of Alleged Offender immediately upon receipt;

(2) Conference immediately with the supervisor regarding the at-risk determination;

(3) Consult with the Office of Chief Counsel as necessary prior to making a notice of at-risk determination;

(4) Complete applicable sections of CFS-215-R: Risk Determination of Certain Individuals Under Care of Alleged Offender; and

(5)(A) Fax CFS-215-R: Risk Determination to the Director of the Division of Children and Family Services or designee immediately.

(B) If the Director of the Division of Children and Family Services or designee confirms the at-risk determination in writing via CFS-215-R:

(i) Give written approval to the investigator and supervisor to issue the at-risk determination notices as applicable via CFS-214: Notice of Child Maltreatment Allegation to Employer, Volunteer Coordinator, or Licensing or Registering Authority; and

(ii) Ensure investigator receives completed CFS-215-R: Risk Determination (with the Director of the Division of Children and Family Services or designee signature) for placement in investigative file.

(d) The Director of the Division of Children and Family Services or designee will:

(1) Immediately confirm or deny at risk determination via completion of application sections of CFS-215-R: Risk Determination; and

(2) Immediately fax completed CFS-215-R: Risk Determination to Area Manager or designee or Crimes Against Children Division Administrator or designee, as applicable.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"08/2013" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-1404 Follow-up notices of at-risk determinations {#sec-9-car-40-1404 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-1404}

9 CAR § 40-1404. Follow-up notices of at-risk determinations.

(a) If upon further investigation the investigator concludes children, the elderly, or individuals with a disability or mental illness under the care of the alleged offender are not at risk, the “at risk” determination will be changed and the investigator will immediately notify their supervisor of the determination that children are not at risk; and

(b) The supervisor will:

(1) Conference immediately with the investigator regarding the new determination of child not at risk; and

(2) Immediately notify the Area Manager regarding the new determination of child not at risk.

(1) Conference immediately with the supervisor regarding the new determination of children not at risk;

(2) Immediately notify the Director of the Division of Children and Family Services or designee regarding the new determination of child not at risk; and

(3) If the Director of the Division of Children and Family Services or designee agrees that children are no longer determined to be at risk immediately notify the investigator and supervisor to immediately issue CFS-214-R1: Follow-Up Notice to Employer, Volunteer Coordinator, or Licensing or Registering Authority Regarding Child Maltreatment Allegation, as applicable.

(d) The Director of the Division of Children and Family Services or designee will immediately:

(1) Confirm or deny determination that children are no longer at risk; and

(2) Notify Area Manager or designee or Crimes Against Children Division or designee, as applicable.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"08/2013" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-1405 Notices of true investigative determinations {#sec-9-car-40-1405 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-1405}

9 CAR § 40-1405. Notices of true investigative determinations.

(a)(1) When a preponderance of the evidence found during an investigation indicates that an allegation should be determined true, the investigating agency shall notify the certain persons as noted below if the Division of Children and Family Services determines the notification is necessary to ensure the health or safety of a child or confirm the investigative determination upon request as noted below or by another form of notification of the investigative determination as approved by the Director of the Division of Children and Family Services.

(2) These notices may be made prior to satisfaction of due process for the alleged offender.

(3) If notice cannot be made to the alleged offender, see 9 CAR § 40-1006, expedited hearing process.

(b)(1) Any person or agency to whom disclosure is made may not disclose to any other person a report or other information included in the notices.

(2) However, the person or agency is permitted to consult their own attorney regarding the information in any notice provided to them.

(1) Type of allegation. Severe maltreatment only.

(2) What information.

(A) Name of each victim.

(B) Name of alleged offender type of maltreatment.

(3) When. Within ten (10) business days of determination.

(4) Form. CFS-221-T: Child Maltreatment True Investigative Determination Notice to Law Enforcement and Prosecuting Attorney or CACD-221-T: Child Maltreatment True Investigative Determination Notice to Law Enforcement and Prosecuting Attorney as appropriate.

(d) Prosecuting attorney.

(1) Type of allegation. Severe maltreatment only.

(2) What information.

(A) Name of each victim.

(B) Name of alleged offender.

(3) When. Within ten (10) business days of determination.

(e) Facility director or licensing or registering authority.

(1) Type of allegation. All maltreatment, only if the maltreatment occurred at the facility or if the alleged offender holds a license from the registration authority.

(2) What information.

(A) Name of alleged offender.

(B) Type of maltreatment.

(3) When. Upon request or if the department determines notification is necessary to ensure the health or safety of the child.

(4) Form. CFS-234-T: Child Maltreatment True Investigative Determination Notice to Licensing or Registering Authority and Employer or Volunteer Coordinator or CACD-234-T: Child Maltreatment True Investigative Determination Notice to Licensing or Registering Authority and Employer or Volunteer Coordinator as appropriate.

(f) Facility director.

(1) Type of allegation. All maltreatment, only if the maltreatment occurred at the facility and the facility is licensed or registered by or is operated by or operated under contract with the State of Arkansas.

(2) What Information.

(A) Name of alleged offender.

(B) Type of maltreatment.

(3) When. Upon request or if the division determines notification is necessary to ensure the health or safety of the child.

(4) Form. CFS-222-T: Child Maltreatment True Investigative Determination Notice to Facility Director or CACD-222-T: Child Maltreatment True Investigative Determination Notice to Facility Director as appropriate.

(g) The Director of the Division of Children and Family Services.

(1) Type of allegation. All maltreatment, only if the maltreatment occurred at a facility operated by or operated under contract with the department.

(2) What information.

(A) Name of alleged offender.

(B) Name of alleged victim.

(3) When. Upon request or if the division determines notification is necessary to ensure the health or safety of the child.

(4) Form. CFS-230-T: Child Maltreatment True Investigative Determination Notice to DHS Division Director; Coordinator of Multidisciplinary Team for Alleged Victim or Offender; and Circuit Judge and Counsel in Dependency Neglect or FINS Case for Alleged Offender.

(h) Alleged underaged juvenile offender (under fourteen (14) years of age).

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of alleged offender.

(B) Name of alleged victim.

(3) When. Within ten (10) business days of determination.

(4) Form. CFS-223-T1: Child Maltreatment True Investigative Determination Notice to Underaged Juvenile Offender (Under 14 Years old) or CACD-223-T1: Child Maltreatment True Investigative Determination Notice to Underaged Juvenile Offender (Under 14 Years old) as appropriate.

(i) Alleged juvenile offender fourteen to seventeen (14 – 17) years of age.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of alleged offender.

(B) Name of alleged victim.

(3) When. Within ten (10) business days of determination.

(4) Form. CFS-223-T3: Child Maltreatment True Investigative Determination Notice to Alleged Juvenile Offender 14-17 Years of Age or CACD-223-T3: Child Maltreatment True Investigative Determination Notice to Alleged Juvenile Offender 14-17 Years of Age as appropriate.

(j) Alleged juvenile offender (at time of offense) currently eighteen (18) years of age or older (at time of notification).

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of alleged offender.

(B) Name of alleged victim.

(3) When. Within ten (10) business days of determination.

(4) Form. CFS-223-T4: Child Maltreatment True Investigative Determination Notice to Alleged Juvenile Offender Currently 18 or Older or CACD-223-T4: Child Maltreatment True Investigative Determination Notice to Alleged Juvenile Offender Currently 18 or Older, as appropriate.

(k) Legal caregivers of alleged underaged juvenile offender (under fourteen (14) years of age).

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of alleged offender.

(B) Name of alleged victim.

(3) When. Within ten (10) business days of determination.

(4) Form. CFS-224-T1: Child Maltreatment True Investigative Determination Notice to Legal Caregivers of Underaged Juvenile Offender (under 14 years old) or CACD-224-T1: Child Maltreatment True Investigative Determination Notice to Legal Caregivers of Underaged Juvenile Offender (under 14 years old) as appropriate.

(l) Legal caregivers of alleged juvenile offender fourteen to seventeen (14 – 17) years of age.

(1) Type of allegation. Sexual abuse.

(2) What information.

(A) Name of alleged juvenile offender.

(B) Name of alleged victim.

(3) When. Within ten (10) business days of determination.

(4) Form. CFS-224-T3 or CACD-224-T3 as appropriate.

(m) Current resource parent of alleged offender experiencing foster care.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of alleged offender.

(B) Type of maltreatment.

(3) When. Within ten (10) business days of determination.

(4) Form. CFS-224-T4: Child Maltreatment True Investigative Determination Notice to Current resource Parents of the Alleged Offender experiencing Foster Care.

(n) Current resource parent of alleged offender experiencing foster care.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of alleged offender.

(B) Type of maltreatment.

(3) When. Within ten (10) business days of determination.

(4) Form. CFS-224-T4: Child Maltreatment True Investigative Determination Notice to Current resource Parents of the Alleged Offender experiencing Foster Care.

(o) Legal caregivers of alleged victim experiencing foster care.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of alleged offender.

(B) Name of alleged victim.

(3) When. Within ten (10) business days of determination.

(4) Form. CFS-225-T1: Child Maltreatment True Investigative Determination Notice to Victim, Legal Caregivers of the Alleged Victim or CACD-225-T1: Child Maltreatment True Investigative Determination Notice to Victim, Legal Caregivers of the Alleged Victim, as appropriate.

(p) Victim, if fourteen (14) years of age or older.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of alleged victim.

(B) Name of alleged offender.

(3) When. Within ten (10) business days of determination.

(q) Custodial, noncustodial parent, guardians, legal custodians of victim, regardless of the age of the child.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of alleged victim.

(B) Name of alleged offender.

(3) When. Within ten (10) business days of determination.

(r) Attorney ad litem of alleged victim.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of alleged victim.

(B) Name of alleged offender.

(3) When. Upon request or if the department determines notification is necessary to ensure the health or safety of the child.

(4) Form. CFS-226-T1: Child Maltreatment True Investigative Determination Notice to Circuit Judge, Attorney Ad Litem, CASA, and Counsel in Dependency Neglect or FINS Case of Alleged Victim.

(s) Court appointed special advocate of alleged victim.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of alleged victim.

(B) Name of alleged offender.

(3) When. Upon request or if the department determines notification is necessary to ensure the health or safety of the child.

(4) Form. CFS-226-T1: Child Maltreatment True Investigative Determination Notice to Circuit Judge, Attorney Ad Litem, CASA, and Counsel in Dependency Neglect or FINS Case of Alleged Victim.

(t) Juvenile division of circuit court with jurisdiction of an ongoing dependency neglect or FINS case of alleged victim.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of alleged victim over whom the court has jurisdiction.

(B) Name of alleged offender.

(3) When. Upon request.

(4) Form. CFS-226-T1: Child Maltreatment True Investigative Determination Notice to Circuit Judge, Attorney Ad Litem, CASA, and Counsel in Dependency Neglect or FINS Case of Alleged Victim.

(u) Juvenile division of circuit court with jurisdiction of an ongoing dependency neglect or FINS case of alleged offender.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of alleged victim.

(B) Name of alleged offender over whom the court has jurisdiction.

(3) When. Upon request or if the department determines notification is necessary to ensure the health or safety of the child.

(v) Attorney ad litem of alleged offender.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of alleged victim.

(B) Name of alleged offender.

(3) When. Upon request or if the department determines notification is necessary to ensure the health or safety of the child.

(4) Form. CFS-228-T: Child Maltreatment True Investigative Determination Notice to Attorney Ad Litem and CASA of Alleged Offender.

(w) Court appointed special advocate of alleged offender.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of alleged victim.

(B) Name of alleged offender.

(3) When. Upon request or if the department determines notification is necessary to ensure the health or safety of the child.

(4) Form. CFS-228-T: Child Maltreatment True Investigative Determination Notice to Attorney Ad Litem and CASA of Alleged Offender.

(x) Counsel in dependency neglect or FINS case of an alleged offender.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of alleged offender.

(B) Name of alleged victim.

(3) When. Within ten (10) business days of determination.

(y) Counsel in dependency neglect or FINS case of an alleged victim.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of alleged offender.

(B) Name of alleged victim.

(3) When. Within ten (10) business days of determination.

(4) Form. CFS-226-T1: Child Maltreatment True Investigative Determination Notice to Circuit Judge, Attorney Ad Litem, CASA, and Counsel in Dependency Neglect or FINS Case of Alleged Victim.

(z) Attorney ad litem of child in resource home where maltreatment is reported.

(1) Type of allegation. All maltreatment.

(2) What information. Name of child represented by the AAL only.

(3) When. Upon request or if the department determines notification is necessary to ensure the health or safety of the child.

(4) Form. CFS-229-T: Child Maltreatment True Investigative Determination Notice to Attorney Ad Litem and CASA for Child in Resource Home Where Maltreatment Is Reported.

(aa) Court-appointed special advocate of child in resource home where maltreatment is reported or when alleged juvenile offender or under-aged juvenile offender is placed in the same placement as client.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of child represented by the CASA only.

(B) Type of maltreatment.

(3) When. Upon request or if the division determines notification is necessary to ensure the health or safety of the child.

(4) Form. CFS-229-T: Child Maltreatment True Investigative Determination Notice to Attorney Ad Litem and CASA for Child in Resource Home Where Maltreatment Is Reported.

(bb) Multidisciplinary team for alleged offender or victim.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of alleged victim.

(B) Name of alleged offender.

(3) When. Upon request or if the division determines notification is necessary to ensure the health or safety of the child.

(cc) Offender (see “true determination and special process for notice to offender” below).

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of alleged victim.

(B) Name of alleged offender.

(3) When. Within ten (10) business days of determination.

(4) Form. CFS 232-T1: Child Maltreatment True Investigative Determination Notice to Alleged Adult Offender and CFS-232-T1-A: Witness Statement of Notice of Investigative Determination or CACD-232-T1: Child Maltreatment True Investigative Determination Notice to Alleged Adult Offender and CACD-232-T1-A: Witness Statement of Notice of Investigative Determination as appropriate.

(dd) School where alleged juvenile offender is enrolled. No notice at this time.

(ee) Offender, thirteen (13) years of age and older (see “true determination and special process for notice to offender” below).

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of alleged victim.

(B) Name of alleged offender.

(3) When. Within ten (10) business days of determination.

(ff) Offender, exempt, Garrett’s Law or religious.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of alleged victim.

(B) Name of alleged offender.

(3) When. Within ten (10) business days of determination.

(4) Form. CFS-232-T2: True but Exempt Child Maltreatment Investigative Determination Notice to Offender or CACD-232-T2: True but Exempt Child Maltreatment Investigative Determination Notice to Offender as appropriate.

(gg) True determination and special process for notice to offender.

(1) If the investigation is determined true and not exempt, the offender must be notified of the right to request an administrative hearing within thirty (30) days of the investigative determination.

(2) The division shall ensure that documented proof of service of the alleged offender’s right to administrative appeal is maintained in the file.

(3)(A) If the alleged offender is a juvenile fourteen (14) years of age or older at the time of the act or omission, the notification must include a statement that the matter has been referred for an automatic administrative hearing.

(B) The hearing may be waived by the juvenile offender or their parent in writing.

(C) This hearing may not be waived by the division if the child is experiencing foster care, but may be waived by the attorney of the child experiencing foster care.

(4)(A) The division will provide notice via certified mail with restricted delivery.

(B) If this method fails , the division shall utilize a process server.

(5) Upon completion of the investigation, the division shall provide the alleged offender with a copy of the CFS-232-T1: Notice to Offender of True Child Maltreatment Investigative Determination or Expedited Hearing or other form of notification of the investigative determination as approved by the director within ten (10) business days of determination.

(6) Notice via certified mail. The division shall send the CFS-232-T1: Notice to Offender of True Child Maltreatment Investigative Determination or Expedited Hearing or other form of notification of the investigative determination approved by the director to the offender via certified mail with restricted delivery.

(7) Notice via process server.

(A) The division will utilize a process server only after the postal service returns the green card unsigned; or

(B) Upon successfully providing notification of the determination to the alleged offender, the division will enter the date the offender received the notice in the division information management system after the postal service returns the green card (return receipt).

(8) Continuing attempts to notify when unable to locate offender. If the process server is unable to serve the offender, the division shall continue to attempt to notify the offender no less frequently than once a year for no fewer than three (3) years.

(hh) True determination and children, the elderly, or individuals with disabilities or mental illness at risk.

(1)(A) Upon satisfaction of due process and if the investigative determination is true, if the offender is a juvenile or is engaged in child-related activities or employment, works with the elderly, an individual with disabilities or mental illness, or is a juvenile and the division has determined that children, the elderly, or individuals with disabilities or mental illness under the care of the offender appear to be at risk of maltreatment by the alleged offender, the division may notify the following of the investigative determination upon receiving written approval from the Director of the Division of Children and Family Services or designee.

(B)(i) Alleged offender’s employer, entity, or person in charge of the alleged offender’s paid or volunteer activity.

(ii) A licensing or registering authority to the extent necessary to carry out its official responsibilities.

(D) What information.

(i) Name of alleged offender.

(ii) Type of maltreatment.

(E) When. Within ten (10) business days of determination.

(F) Form. CFS-234-T: Child Maltreatment True Investigative Determination Notice to Licensing or Registering Authority and Employer or Volunteer Coordinator or CACD-234-T: Child Maltreatment True Investigative Determination Notice to Licensing or Registering Authority and Employer or Volunteer Coordinator as appropriate.

(2) If the division later determines that there is not a preponderance of the evidence indicating that children under the care of the alleged offender appear to be at risk, the division shall immediately notify the previously notified person or entity of that information.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"08/2013" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-1406 Notices of unsubstantiated allegations of child maltreatment {#sec-9-car-40-1406 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-1406}

9 CAR § 40-1406. Notices of unsubstantiated allegations of child maltreatment.

(a) When a determination that an allegation of child maltreatment is not supported by a preponderance of evidence and is determined to be unsubstantiated, the investigating agency shall notify as outlined below or confirm upon request as outlined below, only if notice of the allegation was given.

(b) Law enforcement.

(1) Type of allegation. Severe maltreatment only.

(2) What information.

(A) Name of each victim.

(B) Name of alleged offender.

(3) When. Within ten (10) business days of determination.

(4) Form. CFS-241-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Law Enforcement and Prosecuting Attorney or CACD-241-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Law Enforcement and Prosecuting Attorney as appropriate.

(1) Type of allegation. Severe maltreatment only.

(2) What information.

(A) Name of each victim.

(B) Name of alleged offender.

(3) When. Within ten (10) business days of determination.

(d) Licensing or registering authority.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of alleged offender.

(B) Type of maltreatment.

(3) When. Upon request.

(4) Form. CFS-242-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Licensing or Registering Authority or CACD-242-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Licensing or Registering Authority as appropriate.

(e) Facility director.

(2) What information.

(A) Name of alleged offender.

(B) Type of maltreatment.

(3) When. Upon request.

(4) Form. CFS-243-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Facility Director or CACD-243-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Facility Director as appropriate.

(f) Director of the Division of Children and Family Services.

(1) Type of allegation. All maltreatment, only if the maltreatment occurred at a facility operated by or operated under contract with the department.

(2) What information.

(A) Name of alleged victim.

(B) Name of alleged offender.

(3) When. Upon request.

(4) Form. CFS-250-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to DHS Division Director; Coordinator of Multidisciplinary Team for Alleged Victim or Offender; and Circuit Judge or Counsel in Dependency Neglect or FINS Case for Alleged Offender.

(g) Alleged underaged juvenile offender (under fourteen (14) years of age).

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of alleged victim.

(B) Name of alleged offender.

(3) When. Within ten (10) business days of determination.

(4) Form. CFS-240-U1: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Alleged Underaged Juvenile Offender (under 14 Years Old) or CACD-240-U1: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Alleged Underaged Juvenile Offender (under 14 Years Old) as appropriate.

(h) Alleged juvenile offender (fourteen to seventeen (14 – 17) years of age).

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of alleged victim.

(B) Name of alleged offender.

(3) When. Within ten (10) business days of determination.

(4) Form. CFS-240-U2: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Alleged Juvenile Offender (14-17 Years of age) or CACD-240-U2: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Alleged Juvenile Offender (14-17 Years of age) as appropriate.

(i) Legal parent or legal guardian of alleged offender.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of alleged victim.

(B) Name of alleged offender.

(3) When. Within ten (10) business days of determination.

(4) Form. CFS-244-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Legal Caregivers of Alleged Offender or CACD-244-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Legal Caregivers of Alleged Offender as appropriate.

(j) Legal caregiver of alleged victim experiencing foster care.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of alleged victim.

(B) Type of maltreatment.

(3) When. Within ten (10) business days of determination.

(4) Form. CFS-245-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Legal Caregivers, and Current Resource Parents of the Alleged Victim or CACD-245-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Legal Parent(s), Legal Guardians, and Current Foster Parents of the Alleged Victim as appropriate.

(k) Current resource parent of alleged victim.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of alleged victim.

(B) Type of maltreatment.

(3) When. Within ten (10) business days of determination.

(4) Form. CFS-245-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Legal Caregivers, and Current Resource Parents of the Alleged Victim or CACD-245-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Legal Caregivers, and Current Resource Parents of the Alleged Victim as appropriate.

(l) Custodial, noncustodial parent, guardians, legal custodians of victim, regardless of the age of the child.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of alleged victim.

(B) Type of maltreatment.

(3) When. Within ten (10) business days of determination.

(4) Form. CFS-245-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Legal Caregivers, and Current Resource Parents of the Alleged Victim or CACD-245-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Legal Caregivers, and Current Resource Parents of the Alleged Victim as appropriate.

(m) Alleged victim.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of alleged offender.

(B) Type of maltreatment.

(3) When. Within ten (10) business days of determination.

(4) Form. CFS-245-U-1: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Alleged Victim or CACD-245-U-1: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Alleged Victim as appropriate.

(n) Attorney ad litem of alleged victim.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of alleged victim.

(B) Name of alleged offender.

(3) When. Upon request.

(4) Form. CFS-246-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Circuit Judge, Attorney Ad Litem, CASA, and Counsel in Dependency Neglect or FINS Case of Alleged Victim.

(o) Court appointed special advocate of alleged victim.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of alleged victim.

(B) Name of alleged offender.

(3) When. Upon request.

(p) Juvenile division of circuit court with jurisdiction of an ongoing dependency neglect or FINS case for alleged victim.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of alleged victim.

(B) Name of alleged offender.

(3) When. Upon request.

(q) Counsel in dependency neglect or FINS case if alleged victim has an open court case.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of alleged victim.

(B) Name of alleged offender.

(3) When. Within ten (10) business days of determination.

(r) Juvenile division of circuit court with jurisdiction of an ongoing dependency neglect or FINS case for alleged offender.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of alleged victim.

(B) Name of alleged offender.

(3) When. Upon request.

(s) Counsel in dependency neglect or FINS case if alleged offender has an open court case.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of alleged victim.

(B) Name of alleged offender.

(3) When. Within ten (10) business days of determination.

(t) Attorney ad litem of alleged offender.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of alleged offender.

(B) Type of maltreatment.

(3) When. Upon request.

(4) Form. CFS-248-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Attorney Ad Litem and CASA for Alleged Offender.

(u) Court appointed special advocate of alleged offender.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of alleged offender.

(B) Type of maltreatment.

(3) When. Upon request.

(4) Form. CFS-248-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Attorney Ad Litem and CASA for Alleged Offender.

(v) Attorney ad litem of other children in resource home where maltreatment is reported.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of child represented by the AAL only.

(B) Type of maltreatment.

(3) When. Upon request.

(4) Form. CFS-249-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Attorney Ad Litem and CASA of Child in Resource Home Where Maltreatment Is Reported.

(w) Court appointed special advocate of other children in resource home.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of child represented by the CASA only.

(B) Type of maltreatment.

(3) When. Upon request.

(4) Form. CFS-249-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Attorney Ad Litem and CASA of Child in Resource Home Where Maltreatment Is Reported.

(x) Multidisciplinary team of alleged victim and alleged offender.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of alleged offender.

(B) Name of alleged victim.

(3) When. Upon request.

(y) Alleged offender.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of alleged offender.

(B) Name of alleged victim.

(3) When. Within ten (10) business days of determination.

(4) Form. CFS-252-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Alleged Offender or CACD-252-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Alleged Offender as appropriate.

(z) Alleged offender’s employer when other children under the care of the alleged offender appeared to have been at risk, only if notified initially.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of alleged offender.

(B) Type of maltreatment.

(3) When. Within ten (10) business days of determination.

(4) Form. CFS-254-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Alleged Offender’s Employer or Entity in Charge of Alleged Offender’s Paid or Volunteer Activity; or Licensing or Registering Authority or CACD-254-U: Notice of Unsubstantiated Child Maltreatment Investigative Determination to Alleged Offender’s Employer or Entity in Charge of Alleged Offender’s Paid or Volunteer Activity; or Licensing or Registering Authority as appropriate.

(aa) Person in charge of alleged offender’s paid or volunteer activity when other children under the care of the alleged offender appeared to have been at risk, only if notified initially.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of alleged offender.

(B) Type of maltreatment.

(3) When. Within ten (10) business days of determination.

(bb) Licensing or registering authority when children under care of the alleged offender appeared to have been at risk, only if notified initially:

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of alleged offender.

(B) Type of maltreatment.

(3) When. Within ten (10) business days of determination.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"08/2013" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-1407 Notices of overturned true investigation determination {#sec-9-car-40-1407 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-1407}

9 CAR § 40-1407. Notices of overturned true investigation determination.

(a) Due process is satisfied by providing the alleged offender with notice and an opportunity for an administrative hearing and when:

(1) The administrative law judge makes a decision to either uphold or overturn the “true” investigative determination;

(2) Thirty (30) days have passed and the alleged offender did not request a hearing;

(3) The alleged offender was a juvenile and he or she or their legal caregiver waived the administrative hearing or the administrative law judge issued a decision; or

(4) The administrative law judge upheld the true determination because of a preliminary administrative hearing and allowed provisional placement of the alleged offender’s name on the Child Maltreatment Central Registry.

(b)(1) Notices of overturned decisions may be sent only after due process is satisfied.

(2) Verification must be obtained of either the judicial determination or the fact that alleged offender prevailed in the administrative hearing.

(3) These notices serve to inform that the investigative determination was overturned.

(4) Law enforcement.

(A) Type of allegation. Severe maltreatment only.

(B) What information.

(i) Name of each alleged victim.

(ii) Name of alleged offender.

(iii) Type of maltreatment.

(C) When. Within ten (10) business days after central registry receives notice that the alleged offender prevailed in the administrative hearing, but only if the notice of true determination was provided.

(D) Form. CFS-261-O: Notice of Overturned True Child Maltreatment Investigative Determination to Law Enforcement and Prosecuting Attorney or CACD-261-O: Notice of Overturned True Child Maltreatment Investigative Determination to Law Enforcement and Prosecuting Attorney as appropriate.

(5) Prosecuting attorney.

(A) Type of allegation. Severe maltreatment only.

(B) What information.

(i) Name of each alleged victim.

(ii) Name of alleged offender.

(iii) Type of maltreatment.

(6) Licensing or registering authority.

(A) Type of allegation. All maltreatment.

(B) What information.

(i) Name of alleged offender.

(ii) Type of maltreatment.

(C) When. Within ten (10) business days after Central Registry receives notice that the alleged offender prevailed in the administrative hearing.

(D) Form. CFS-274-O: Notice of Overturned True Child Maltreatment Investigative Determination to Licensing or Registering Authority and Employer or Entity in Charge of Paid or Volunteer Activity or CACD-274-O: Notice of Overturned True Child Maltreatment Investigative Determination to Licensing or Registering Authority and Employer or Entity in Charge of Paid or Volunteer Activity as appropriate.

(7) Facility director.

(A) Type of allegation. All maltreatment, only if the maltreatment occurred at the facility, and the facility is licensed or registered by, or is operated by or operated under contract with the State of Arkansas.

(B) What information.

(i) Name of alleged offender.

(ii) Type of maltreatment.

(C) When. Within ten (10) business days after Central Registry receives notice that the alleged offender prevailed in the administrative hearing.

(D) Form. CFS-263-O: Notice of Overturned True Child Maltreatment Investigative Determination to Facility Director or CACD-263-O: Notice of Overturned True Child Maltreatment Investigative Determination to facility director, as appropriate.

(8) Director of the Division of Children and Family Services.

(A) Type of allegation. All maltreatment, only if the maltreatment occurred at a facility operated by or operated under contract with the department.

(B) What information.

(i) Name of alleged victim.

(ii) Name of alleged offender.

(iii) Type of maltreatment.

(C) When. Within ten (10) business days after Central Registry receives notice that the alleged offender prevailed in the administrative hearing.

(D) Form. CFS-270-O: Notice of Overturned True Child Maltreatment Investigative Determination to DHS Division Director; Coordinator of Multidisciplinary Team for Alleged Victim and Offender; and Circuit Judge and Counsel in Dependency Neglect or FINS Case of Alleged Offender or CACD-270-O: Notice of Overturned True Child Maltreatment Investigative Determination to DHS Division Director; Coordinator of Multidisciplinary Team for Alleged Victim and Offender; and Circuit Judge and Counsel in Dependency Neglect or FINS Case of Alleged Offender as appropriate.

(9) Legal caregiver of an alleged offender experiencing foster care.

(A) Type of allegation. All maltreatment.

(B) What information.

(i) Name of alleged offender.

(ii) Type of maltreatment.

(C) When. Within ten (10) business days after Central Registry receives notice that the alleged offender prevailed in the administrative hearing.

(D) Form. CFS-264-O: Notice of Overturned True Child Maltreatment Investigative Determination to Legal Caregivers of the Alleged Offender or CACD-264-O: Notice of Overturned True Child Maltreatment Investigative Determination to Legal Caregivers of the Alleged Offender as appropriate.

(10) Legal caregiver of alleged victim experiencing foster care.

(A) Type of allegation. All maltreatment.

(B) What information.

(i) Name of alleged victim.

(ii) Type of maltreatment.

(C) When. Within ten (10) business days after Central Registry receives notice that the alleged offender prevailed in the administrative hearing.

(D) Form. CFS-265-O-1: Notice of Overturned True Child Maltreatment Investigative Determination to Victim and Legal Caregivers of Alleged Victim or CACD-265-O-1: Notice of Overturned True Child Maltreatment Investigative Determination to Victim and Legal Caregivers of Alleged Victim as appropriate.

(11) Current resource parent of alleged victim experiencing foster care.

(A) Type of allegation. All maltreatment.

(B) What information.

(i) Name of alleged victim.

(ii) Type of maltreatment.

(C) When. Within ten (10) business days after Central Registry receives notice that the alleged offender prevailed in the administrative hearing.

(D) Form. CFS-265-O-2: Notice of Overturned True Child Maltreatment Investigative Determination to Current Resource Parents of the Alleged Victim.

(12) Legal caregivers of alleged victim regardless of the age of the child.

(A) Type of allegation. All maltreatment.

(B) What information.

(i) Name of alleged victim.

(ii) Type of maltreatment.

(C) When. Within ten (10) business days after Central Registry receives notice that the alleged offender prevailed in the administrative hearing.

(13) Alleged victim, if fourteen (14) years of age or older.

(A) Type of allegation. All maltreatment.

(B) What information.

(i) Name of alleged victim.

(ii) Type of maltreatment.

(C) When. Within ten (10) business days after Central Registry receives notice that the alleged offender prevailed in the administrative hearing.

(14) Attorney ad litem of alleged victim.

(A) Type of allegation. All maltreatment.

(B) What information.

(i) Name of alleged victim.

(ii) Name of alleged offender.

(iii) Type of maltreatment.

(C) When. Within ten (10) business days after Central Registry receives notice that the alleged offender prevailed in the administrative hearing.

(D) Form. CFS-266-O: Notice of Overturned True Child Maltreatment Investigative Determination to Circuit Judge, Attorney Ad Litem, CASA, and Counsel in Dependency Neglect or FINS Case of Alleged Victim.

(15) Court appointed special advocate of alleged victim.

(A) Type of allegation. All maltreatment.

(B) What information.

(i) Name of alleged victim.

(ii) Name of alleged offender.

(iii) Type of maltreatment.

(C) When. Within ten (10) business days after Central Registry receives notice that the alleged offender prevailed in the administrative hearing.

(16) Circuit judge with jurisdiction of an ongoing dependency neglect or FINS case of alleged victim.

(A) Type of allegation. All maltreatment.

(B) What information.

(i) Name of alleged victim over whom the court has jurisdiction.

(ii) Name of alleged offender.

(iii) Type of maltreatment.

(C) When. Within ten (10) business days after Central Registry receives notice that the alleged offender prevailed in the administrative hearing.

(17) Counsel in dependency neglect or FINS case of an alleged victim.

(A) Type of allegation. All maltreatment.

(B) What information.

(i) Name of alleged victim.

(ii) Name of alleged offender.

(iii) Type of maltreatment.

(C) When. Within ten (10) business days after Central Registry receives notice that the alleged offender prevailed in the administrative hearing.

(18) Circuit judge with jurisdiction of an ongoing dependency neglect or FINS case of alleged offender.

(A) Type of allegation. All maltreatment.

(B) What information.

(i) Name of alleged victim over whom the court has jurisdiction.

(ii) Name of alleged offender.

(iii) Type of maltreatment.

(C) When. Within ten (10) business days after Central Registry receives notice that the alleged offender prevailed in the administrative hearing.

(19) Counsel in dependency neglect or FINS case of an alleged offender.

(A) Type of allegation. All maltreatment.

(B) What information.

(i) Name of alleged victim.

(ii) Name of alleged offender.

(iii) Type of maltreatment.

(C) When. Within ten (10) business days after Central Registry receives notice that the alleged offender prevailed in the administrative hearing.

(20) Attorney ad litem of alleged offender.

(A) Type of allegation. All maltreatment.

(B) What information.

(i) Name of alleged victim.

(ii) Name of alleged offender.

(iii) Type of maltreatment.

(C) When. Within ten (10) business days after Central Registry receives notice that the alleged offender prevailed in the administrative hearing.

(D) Form. CFS-268-O: Notice of Overturned True Child Maltreatment Investigative Determination to Attorney Ad Litem and CASA of Alleged Offender.

(21) Court appointed special advocate of alleged offender.

(A) Type of allegation. All maltreatment.

(B) What information.

(i) Name of alleged victim.

(ii) Name of alleged offender.

(iii) Type of maltreatment.

(C) When. Within ten (10) business days after Central Registry receives notice that the alleged offender prevailed in the administrative hearing.

(D) Form. CFS-268-O: Notice of Overturned True Child Maltreatment Investigative Determination to Attorney Ad Litem and CASA of Alleged Offender.

(22) Attorney ad litem of child in resource home where maltreatment is reported.

(A) Type of allegation. All maltreatment.

(B) What information.

(i) Name of child represented by AAL only.

(ii) Type of maltreatment.

(C) When. Within ten (10) business days after Central Registry receives notice that the alleged offender prevailed in the administrative hearing.

(D) Form. CFS-269-O: Notice of Overturned True Child Maltreatment Investigative Determination to Attorney Ad Litem and CASA of Child in Resource Home Where Maltreatment Is Reported.

(23) CASA of child in resource home where maltreatment is reported.

(A) Type of allegation. All maltreatment.

(B) What information.

(i) Name of child represented by CASA only.

(ii) Type of maltreatment.

(C) When. Within ten (10) business days after Central Registry receives notice that the alleged offender prevailed in the administrative hearing.

(D) Form. CFS-269-O: Notice of Overturned True Child Maltreatment Investigative Determination to Attorney Ad Litem and CASA of Child in Resource Home Where Maltreatment Is Reported.

(24) Multidisciplinary team.

(A) Type of allegation. All maltreatment.

(B) What information.

(i) Name of alleged victim or victims.

(ii) Name of alleged offender.

(iii) Type of maltreatment.

(C) When. Within ten (10) business days after Central Registry receives notice that the alleged offender prevailed in the administrative hearing.

(25) Alleged offender.

(A) Type of allegation. All maltreatment.

(B) What information.

(i) Name of alleged victim or victims.

(ii) Name of alleged offender.

(iii) Type of maltreatment.

(C) When. Within ten (10) business days after Central Registry receives notice that the alleged offender prevailed in the administrative hearing.

(D) Form. CFS-272-O: Notice of Overturned True Child Maltreatment Investigative Determination to Alleged Offender or CACD-272-O: Notice of Overturned True Child Maltreatment Investigative Determination to Alleged Offender as appropriate.

(26) Alleged offender’s employer when other children under the care of the alleged offender may be at risk, only if they received notice.

(A) Type of allegation. All maltreatment.

(B) What information.

(i) Name of alleged offender.

(ii) Type of maltreatment.

(C) When. Within ten (10) business days after Central Registry receives notice that the alleged offender prevailed in the administrative hearing.

(27) Entity or person in charge of the alleged offender’s paid or volunteer activity when other children under the care of the alleged offender may be at risk, only if they received notice.

(A) Type of allegation. All maltreatment.

(B) What information.

(i) Name of alleged offender.

(ii) Type of maltreatment.

(C) When. Within ten (10) business days after Central Registry receives notice that the alleged offender prevailed in the administrative hearing.

(28) Licensing or registering authority when other children under the care of the alleged offender may be at risk, only if they received notice.

(A) Type of allegation. All maltreatment.

(B) What information.

(i) Name of alleged offender.

(ii) Type of maltreatment.

(C) When. Within ten (10) business days after Central Registry receives notice that the alleged offender prevailed in the administrative hearing.

(29) School where alleged juvenile offender is enrolled. No notice.

(30) Child Safety Center, if involved in the investigation.

(A) Type of allegation. All maltreatment.

(B) What information.

(i) Name of victim.

(ii) Name of offender.

(iii) Type of maltreatment.

(C) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.

(D) Form. CFS-275-O: Notice of Overturned True Child Maltreatment Investigative Determination to Child Safety Center Involved in Investigation of Maltreatment or CACD-275-O: Notice of Overturned True Child Maltreatment Investigative Determination to Child Safety Center Involved in Investigation of Maltreatment as appropriate.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"08/2013" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR § 40-1408 Notices that offender’s name will be placed in the Child Maltreatment Central Registry {#sec-9-car-40-1408 omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR § 40-1408}

9 CAR § 40-1408. Notices that offender’s name will be placed in the Child Maltreatment Central Registry.

(a)(1) Due process is accomplished by providing the alleged offender with notice and an opportunity for an administrative hearing.

(2) Due process is satisfied when:

(A) The administrative law judge makes a decision to either uphold or overturn the “true” investigative determination;

(B) Thirty (30) days have passed and the offender did not request a hearing;

(C) The alleged offender was a juvenile and he or she or their legal caregiver waived the administrative hearing or the administrative law judge issued a decision; or

(D) The administrative law judge upheld the true determination because of a preliminary administrative hearing and allowed provisional placement of the offender’s name on the Child Maltreatment Central Registry.

(b)(1) These notices of name placement in the Child Maltreatment Central Registry must be sent only after due process is satisfied.

(2) Verification must be obtained that the judicial determination of the original true finding was upheld in either the regular or preliminary administrative hearing or of the fact that no hearing was requested.

(3) These notices serve to inform that the investigative determination was upheld and that the offender’s name will be placed in the Child Maltreatment Central Registry, or that a prima facie case was established, allowing provisional placement of the name.

(1) Type of allegation. Severe maltreatment only.

(2) What information.

(A) Name of each victim.

(B) Name of offender.

(3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.

(4) Form. CFS-281-N: Notice of Name Placement on Central Registry to Law Enforcement and Prosecuting Attorney or CACD-281-N: Notice of Name Placement on Central Registry to Law Enforcement and Prosecuting Attorney as appropriate.

(d) Prosecuting attorney.

(1) Type of allegation. Severe maltreatment only.

(2) What information.

(A) Name of each victim.

(B) Name of offender.

(3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.

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

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of offender.

(B) Type of maltreatment.

(3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.

(4) Form. CFS-294-N: Notice of Name Placement on Central Registry to Licensing or Registering Authority, Employer, or Entity in Charge of a Paid or Volunteer Activity or CACD-294-N: Notice of Name Placement on Central Registry to Licensing or Registering Authority, Employer, or Entity in Charge of a Paid or Volunteer Activity as appropriate.

(f) Facility director.

(1) Type of allegation. All maltreatment, only if the maltreatment occurred at the facility, and the facility is licensed or registered by, or is operated by or operated under contract with the State of Arkansas.

(2) What information.

(A) Name of offender.

(B) Type of maltreatment.

(3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.

(4) Form. CFS-283-N: Notice of Name Placement on Central Registry to Facility Director or CACD-283-N: Notice of Name Placement on Central Registry to Facility Director as appropriate.

(g) Director of the Division of Children and Family Services.

(1) Type of allegation. All maltreatment, only if the maltreatment occurred at a facility operated by or operated under contract with the department.

(2) What information.

(A) Name of victim.

(B) Name of offender.

(3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.

(4) Form. CFS-290-N: Notice of Name Placement on Central Registry to DHS Division Director; Coordinator of Multidisciplinary Team for Offender and Victim; and Circuit Judge and Counsel in Dependency Neglect or FINS Case of Offender.

(h) Legal caregivers of the juvenile offender (fourteen (14) through seventeen (17) years of age).

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of victim.

(B) Name of offender.

(3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.

(4) Form. CFS-284-N: Notice of Name Placement on Central Registry to Legal Caregivers of the Juvenile Offender (14 to 17 Years of Age) or CACD-284-N: Notice of Name Placement on Central Registry to Legal Caregivers of the Juvenile Offender (14 to 17 Years of Age) as appropriate.

(i) Legal caregiver of victim experiencing foster care.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of victim.

(B) Name of offender.

(3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.

(4) Form. CFS-285-N: Notice of Name Placement on Central Registry to Victim, Legal Caregivers, and Current Resource Parents of Victim or CACD-285-N: Notice of Name Placement on Central Registry to Victim, Legal Caregivers, and Current Resource Parents of Victim as appropriate.

(j) Current resource parent of victim experiencing foster care.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of victim.

(B) Name of offender.

(3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.

(k) Victim, if fourteen (14) years of age or older.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of victim.

(B) Name of offender.

(3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.

(l) Attorney ad litem of victim.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of victim.

(B) Name of offender.

(3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.

(4) Form. CFS-286-N: Notice of Name Placement on Central Registry to Circuit Judge, Attorney Ad Litem, CASA, and Counsel in Dependency Neglect or FINS Case of Victim.

(m) Court-appointed special advocate of victim.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of victim.

(B) Name of offender.

(3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.

(4) Form. CFS-286-N: Notice of Name Placement on Central Registry to Circuit Judge, Attorney Ad Litem, CASA, and Counsel in Dependency Neglect or FINS Case of Victim.

(n) Circuit judge with jurisdiction of an ongoing dependency neglect or FINS case of victim.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of victim over whom the court has jurisdiction.

(B) Name of offender.

(3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.

(4) Form. CFS-286-N: Notice of Name Placement on Central Registry to Circuit Judge, Attorney Ad Litem, CASA, and Counsel in Dependency Neglect or FINS Case of Victim.

(o) Counsel in dependency neglect or FINS case of a victim experiencing foster care.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of victim.

(B) Name of offender.

(3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.

(4) Form. CFS-286-N: Notice of Name Placement on Central Registry to Circuit Judge, Attorney Ad Litem, CASA, and Counsel in Dependency Neglect or FINS Case of Victim.

(p) Attorney ad litem of offender.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of victim.

(B) Name of offender.

(3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.

(4) Form. CFS-288-N: Notice of Name Placement on Central Registry to attorney ad litem and CASA of offender.

(q) Court appointed special advocate of offender.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of victim.

(B) Name of offender.

(3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.

(4) Form. CFS-288-N: Notice of Name Placement on Central Registry to Attorney Ad Litem and CASA of Offender.

(r) Circuit judge with jurisdiction of an ongoing dependency neglect or FINS case of offender.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of offender over whom the court has jurisdiction.

(B) Name of victim.

(3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.

(s) Counsel in dependency neglect or FINS case of an offender experiencing foster care.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of victim.

(B) Name of offender.

(3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.

(t) Attorney ad litem of child in resource home where maltreatment is reported.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of child represented by AAL.

(B) Name of victim.

(D) Type of maltreatment.

(3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.

(4) Form. CFS-289-N: Notice of Name Placement on Central Registry to Attorney Ad Litem and CASA of Child in Resource Home Where Maltreatment Is Reported.

(u) Court appointed special advocate of child in resource home where maltreatment is reported.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of child represented by CASA.

(B) Name of victim.

(D) Type of maltreatment.

(3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.

(4) Form. CFS-289-N: Notice of Name Placement on Central Registry to attorney ad litem and CASA of child in resource home where maltreatment is reported.

(v) Multidisciplinary team for victim or offender.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of victim.

(B) Name of offender.

(3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.

(w) School where juvenile offender, fourteen (14) years of age or older is enrolled.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of offender.

(B) Type of maltreatment.

(3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.

(4) Form. CFS-291-N2: or CACD-291-N2, as appropriate.

(x) Offender.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of victim.

(B) Name of offender.

(3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.

(4) Form. CFS-292-N1: Notice of Name Placement on Central Registry to School Where Victim Is Enrolled or CACD-292-N1: Notice of Name Placement on Central Registry to School Where Victim Is Enrolled as appropriate.

(y) Child safety center, if involved in the investigation.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of victim.

(B) Name of offender.

(3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.

(4) Form. CFS-295-N: Notice of Name Placement on Central Registry to Child Safety Center Involved in Investigation of Maltreatment or CACD-295-N: Notice of Name Placement on Central Registry to Child Safety Center Involved in Investigation of Maltreatment as appropriate.

(z) Mandated reporter.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of victim.

(B) Name of offender.

(D) Services offered or provided to the victim and offender.

(3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.

(4) Form. CFS-293-N: Notice of Name Placement on Central Registry to Mandated Reporter or CACD-293-N: Notice of Name Placement on Central Registry to Mandated Reporter as appropriate.

(aa) Offender’s employer when other children under the care of the offender may be at risk.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of offender.

(B) Type of maltreatment.

(3) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing and only if a supervisor has determined that children under the care of the offender may be at risk of maltreatment by the offender.

(4) Form. CFS-294-N or CACD-294-N as appropriate.

(bb) Entity in charge of offender’s volunteer activity when other children under the care of the offender may be at risk.

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of offender.

(B) Type of maltreatment.

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

(1) Type of allegation. All maltreatment.

(2) What information.

(A) Name of offender.

(B) Type of maltreatment.

(dd) Employer of any offender in a designated position with a state agency per Arkansas Code § 21-15-110, if a state employee is determined to be an offender or perpetrator in a true, substantiated, or founded report of child maltreatment or adult abuse and the state employee is employed in a “designated position”, the investigating agency shall immediately notify the employer of that state employee.

(ee)(1) Per Arkansas Code § 21-15-101, “designated Position” means a position in which a person is employed by a state agency to provide care, supervision, treatment, or any other services to the elderly, to individuals with mental illness or illnesses, or to individuals with developmental disabilities or to children who reside in any state-operated facility or a position in which the applicant or employee will have direct contact with a child or any individual who is elderly or any individual who has mental illness or illnesses or developmental disabilities.

(2) Type of allegation. All maltreatment.

(3) What information.

(A) Name of offender.

(B) Type of maltreatment.

(4) When. Within ten (10) business days after Central Registry receives the order or after thirty-five (35) business days have passed and the offender did not request a hearing.

(5) Form. CFS-296-N: Notice of Name Placement on Central Registry to Employer of Offender in a Designated Position with an Arkansas State Agency or CACD-296-N: Notice of Name Placement on Central Registry to Employer of Offender in a Designated Position with an Arkansas State Agency as appropriate.

History

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows:"01/2020" History: Ark. R. 2026-74 (eff. July 1, 2026) Authorities: Arkansas Code § 12-18-105; Arkansas Code § 20-76-201; Arkansas Code § 9-28-103

9 CAR pt. 40, Appendix A Adoption Summary Guidelines {#sec-9-car-pt.-40-appendix-a omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR pt. 40, Appendix A}

Codification Notes: Appendix A, Adoption Summary Guidelines, to this part was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR pt. 40, Appendix B Resource Home Records {#sec-9-car-pt.-40-appendix-b omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR pt. 40, Appendix B}

Codification Notes: Appendix B, Resource Home Records, to this part was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR pt. 40, Appendix C Case Record Order for Out-of-Home Placement Cases {#sec-9-car-pt.-40-appendix-c omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR pt. 40, Appendix C}

Codification Notes: Appendix C, Case Record Order for Out-of-Home Placement Cases, to this part was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR pt. 40, Appendix D Protocol for Family Service Workers - Responding to Methamphetamine and Meth Lab Exposure of Children {#sec-9-car-pt.-40-appendix-d omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR pt. 40, Appendix D}

Codification Notes: Appendix D, Protocol for Family Service Workers – Responding to Methamphetamine and Meth Lab Exposure of Children, to this part was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR pt. 40, Appendix E Safeguards for Child Victims Testifying in Judicial and Administrative Proceedings {#sec-9-car-pt.-40-appendix-e omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR pt. 40, Appendix E}

Codification Notes: Appendix E, Safeguards for Child Victims Testifying in Judicial and Administrative Proceedings, to this part was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR pt. 40, Appendix F Alternative Compliance and Policy Waiver Protocol {#sec-9-car-pt.-40-appendix-f omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR pt. 40, Appendix F}

Codification Notes: Appendix F, Alternative Compliance and Policy Waiver Protocol, to this part was repealed by Ark. R. 2026-74 (eff. July 1, 2026).

9 CAR pt. 40, Appendix G Arkansas Health and Safety Factors {#sec-9-car-pt.-40-appendix-g omnilex-key=us-ar-regs-official--title-9-part-40--9 CAR pt. 40, Appendix G}

Codification Notes: Appendix G, Arkansas Health and Safety Factors, to this part was repealed by Ark. R. 2026-74 (eff. July 1, 2026).