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016.15.3-5. Approval, Training, & Support of Foster Homes

AR ADC 016.15.3-5Arkansas Administrative Code

West's Arkansas Administrative Code
Title 016. Department of Human Services
Division 15. Division of Children and Family Services
Rule 3. Family Foster Parent Handbook
Ark. Admin. Code 016.15.3-5
016.15.3-5. Approval, Training, & Support of Foster Homes
Foster Home Approval Process
In order to ensure quality foster homes, DCFS will complete a thorough home assessment for each prospective foster family. The home assessment is a mutual selection process. It involves several components including, but not limited to, an in-home consultation visit, background checks, pre-service training, a home study, and ongoing consultation with the prospective foster parents to ensure that all appropriate criteria related to both compliance and quality are met. An assessment will be conducted prior to the placement of a child in one's home. Families that move to Arkansas from another state where they have been approved as a foster family must complete the entire approval procedure of the Arkansas DCFS.
The purpose of the foster home assessment is threefold: first, it is to educate candidates; second, it is to assess their character, suitability, and qualifications to open a foster home, and third, it is to see that they meet the Standards of Approval for Foster Homes, PUB-22.
Assessing the character, suitability, and qualifications of the family to operate a foster home will be done in relation to the following areas:
1) The family's capability to provide for the needs of a child who is placed in their care;
2) The family's ability to accept and encourage the child's relationship with birth/legal family;
3) The family's ability to relate to the child in a helpful way; and
4) The family's ability to work as part of a team with DCFS staff, other agencies, and community resources to reach the goals set forth in the case plan.
Standards of Approval
Age -- The minimum age is 21 years. Alternative compliance must be obtained if one or both applicants are age 65 or over or when one or both spouses of a currently opened foster home reaches age 65.
Health -- All household family members must pass a medical exam (within six months prior to the approval) and have a doctor's recommendation at the time the home is initially approved. Each foster parent and every family member must repeat the exam yearly to remain in compliance. All members of the household older than 12 years shall receive an annual skin test for tuberculosis, as long as test results remain negative. A household member with a positive skin test must provide documentation from a physician every two years certifying that he or she is free from communicable tuberculosis.
Physical Disabilities -- Physical disabilities of any family member will be evaluated to determine the effect, if any, the disability has on the family's ability to provide adequate care for a child and how the disability may affect a child's adjustment to the family.
Marriage and Divorce -- Proof of marriage and evidence of a stable marriage and stable family situation must be provided. Not only will an unstable marriage or family situation have a negative effect on children in foster care that have been placed in the home, but the special problems of some children in foster care could contribute to the break-up of an already unstable marriage or the permanent disruption of an already unstable family situation. If foster parents divorce, the Resource Worker will complete a reevaluation of the home to determine if the family still meets all other licensing standards to ensure the health and safety of the children placed in the home. A person who is divorced must provide verification of that divorce and must be divorced for at least one year from the date on the court order (i.e., verification of any divorces that were finalized in the preceding year only are required). A person who is widowed must provide verification that they have been widowed for at least one year. Couples who are separated may not apply to be foster parents.
In situations where an unmarried foster parent has plans to marry, a reevaluation shall be conducted on the family. DCFS staff must ensure that the future spouse is interviewed to discuss his/her compliance with the “Personal Characteristics” outlined in PUB-22, Standards of Approval for Foster Homes. The intended spouse must complete and pass all background checks. All unmarried foster parents must notify the Division as soon as they are aware of any plans to marry so that the application process can be initiated on the intended spouse.
Households that contain an adult, who is cohabiting with a sexual partner outside of a marriage which is valid under the constitution and laws of this state, may not participate in foster care. This prohibition applies equally to cohabiting opposite-sex and same-sex individuals. Additionally, there may not be any other adults in the home cohabiting with a sexual partner outside of a marriage which is valid under the constitution and laws of this state.
Family Composition -- A foster home may have up to eight children. This may consist of up to five unrelated children in foster care, and up to three of the foster parent's own children. Or in the case of sibling groups, the foster home may have up to eight related children in foster care. In this instance, the total number of the foster parent's children who reside in the home will determine the number of children from one sibling group that may be placed together in the home. For example:
No children of the parents and eight children in care who are all related.
One child of the parents and seven children in care who are all related.
Two children of the parents and six children in care who are all related.
Three children of the parents and five children in care who are all related or unrelated.
Including the foster parent's own children, the foster home may have no more than two children under age two and no more than three children under age six.
There can be no roomers or boarders in the home. Family members are not considered roomers or boarders. Households will be assessed based on the caretaker's ability to parent a child in foster care. Other children and adults who are part of the household will be evaluated on the basis of how they will affect the successful development of a child in foster care.
Parenting Ability -- Ability to provide a nurturing family life experience for the child including guidance, intellectual stimulation, affection, and appropriate discipline.
Employment -- In two-parent homes where the parents are both employed outside the home or in a single-parent home where the parent is employed outside the home, careful consideration must be given to the age and characteristics of the children for whom the home wishes to provide care as well as to the family's plan for child care. Stable employment history is required of the primary wage earner in the foster home. The foster home shall not be licensed as a Child Care Family Home.
Income -- Evidence of stable income sufficient to meet the needs of one's family is required for approval. The foster family shall provide documentation of sufficient financial resources to meet their needs. The family shall have sufficient, reliable income to assure stability and security, without including the board payment. Management of income shall be considered more important than amount of income. Keeping children is foster care is not a profitable venture.
Physical Standards -- Location, condition, and physical layout of the home will be considered. Physical conditions of the home shall present no hazard to the safety or health of a child. The home should have at least two exterior doors situated to provide safe exit or the home shall have a written statement from the Fire Department that the alternative escape route is approved. This approval shall be kept in the foster home case record. There shall be 50 square feet of sleeping space per child in foster care and an opening window, large enough that the child can exit through it, in each bedroom where a child in foster care sleeps. Bars, grilles, grates, or other items that block access to the window are permitted only if they can be removed from the inside without the use of a key, tool, or force greater than that required for normal operation of the window. In this event, each such bedroom must have a working smoke detector in the bedroom. The stacking of baby beds is prohibited.
Telephone -- The home shall have an operational telephone. Working cell phones kept on the premises are acceptable. The phone shall be accessible to children.
Transportation -- The foster parents shall maintain a mode of transportation which complies with state motor vehicle laws and shall allow children in foster care to be transported only by a licensed driver. Foster parents must have proof of current insurance. a valid vehicle safety record check; and a Child Maltreatment Central Registry check). Children in foster care shall be transported only while wearing safety belts, or in child safety seats, according to Arkansas law.
Home Environment -- Cleanliness of the home will be considered.
Relationship Stability: In a two-parent home, both people shall be joint applicants and actively participate in the approval process. The couple shall demonstrate a stable relationship. In assessing relationship stability, considerations may include major life changes such as:
• Death or serious illness among family members
• Marriage, separation, divorce, or other significant changes in the couple's relationship
• Addition of household members (e.g., birth, adoption, aging relative moving in)
• Loss of or change in employment
Marriages and divorces shall be verified. Prospective foster parents must provide a copy of their marriage license to verify marriage and a copy of their most recent divorce decree to verify divorce.
Single parent households are welcome particularly for those children whose need for a two-parent household is not a crucial aspect of the care required. In a single parent home, the major life changes listed above shall also be considered when assessing the person's ability to be an effective foster parent.
All foster parents should have a strong support system in order to assist them in their role as foster parents and, in turn, better serve children in foster care. Applicants with professional training, such as nurses, may be desirable for children with special needs. Other adults (grandparents, aunts, etc.) and children who are a part of the household shall be assessed regarding how they may be affected by the presence of a child in foster care and also the effect they themselves may have on the child in care.
Central Registry -- A Child Maltreatment Central Registry Check must be conducted prior to approval on foster parent applicants and each member of the household age 14 years or older, excluding children in foster care, including any state where either the applicant or household member work if different from their state of residence. A registry check will also be conducted in any other state where the applicant has worked or resided during the preceding five years. An Adult Maltreatment Central Registry Check must be conducted prior to approval on foster parent applicants and each member of the household age 18 and one-half years and older. The Division will repeat the Child Maltreatment and the Adult Maltreatment Central Registry Checks every two years. Successful completion is necessary before referral to pre-service training. Expedited checks will be done on provisional foster homes.
FBI Criminal Background Check -- A finger-print based FBI criminal background check must be conducted prior to approval on foster parents and any other members of the household 18 and one-half years of age or older, excluding children in foster care. This check need not be repeated. Conducting a finger-print based criminal record check is not necessary to open a provisional foster home.
Criminal Record Check -- An Arkansas State Police Criminal Record Check must be conducted prior to approval on the foster parents and all members of the household age 18 and one-half years and older, excluding children in foster care. The Division shall repeat the Criminal Record Check every two years. Successful completion or approval of alternative compliance is necessary before referral to pre-service training.
Motor Vehicle Safety Check -- A motor vehicle safety check will be conducted on each household member who will be responsible for transporting children in foster care. Each member must have a current, valid driver's license. The foster family members must be in compliance with the Arkansas Motor Vehicle Safety program. DCFS will check the driving record (violation points) for each potential foster parent. The Arkansas State Vehicle Safety Program sets the maximum number of traffic violation points a foster parent may be allowed. It is the foster family's responsibility to report any traffic violations to their Resource Worker within 24 hours.
References -- A minimum of three references familiar with one's child caring experiences and practices will be contacted regarding the character and ability to provide for children.
Smoking -- DCFS policy is that second-hand smoke is detrimental to a child's health and the presumption will be that it is not in a child's best interest to be placed in a foster home that permits smoking in the presence of a child in foster care.
Foster parents will indicate if smokers in the home or who visit the home will be permitted to smoke while in the presence of a child in foster care.
If a foster parent indicates that smoking will occur in the presence of a child in foster care, the foster home will be designated a “smoking” foster home and no child may be placed or remain in the foster home unless it is in the child's best interest to be placed in or remain in the foster home. The worker must clearly identify why it is in the child's best interest to be exposed to second-hand smoke if a request to place a child in a smoking home is made.
No child in foster care shall be placed in a smoking foster home without a waiver from the Assistant Director of Community Services.
State law prohibits smoking in a vehicle if a child in the car is under the age of 14. Thus, no foster parent or DCFS employee may smoke in the vehicle when transporting a child in foster care who is under the age of 14. Per DCFS policy, foster parents are prohibitied [FN1] from smoking in a vehicle when a child 14 and older who is in foster care is present.
In accordance with A.C.A. 20-27-1804, smoking is prohibited in all vehicles and enclosed areas owned, leased, or operated by the State of Arkansas, its agencies, and authorities. Therefore, DCFS staff may not smoke in a state vehicle OR in their private vehicle when a child in foster care or receiving other services from the Division is present.
Alternative Compliance & Policy Waiver Requests
DCFS bases its standards of care and character on the Child Welfare Agency Licensing Act (CWALA). If it is believed that an applicant possesses special abilities or circumstances which would make them good foster parents in spite of their inability to meet a standard, the county office may request an approval for alternative compliance or a policy waiver.
An alternative compliance is a request for approval from the Child Welfare Agency Review Board (CWARB) to allow a licensee to deviate from the letter of a regulation, provided that the licensee has demonstrated how an alternate plan of compliance will meet or exceed the intent of the regulation. What is proposed as an alternative to compliance with policy or standards will comply with the intent, if not the actual requirement.
A policy waiver request is a request to deviate from DCFS policy, procedures, and standards. Waiver requests may be approved by the DCFS Director.
All policy waiver and alternative compliance requests will be approved or denied based on the individual circumstances of the foster parent applicant. Safety and welfare of the child(ren) involved will be paramount.
If a foster parent or applicant has questions or concerns regarding alternative compliance or waiver requests, they should consult their Resource Worker.
Training
DCFS recognizes the child's right to be placed in a home able to deal with the special problems and traumas of out-of-home care. Foster parenting is a specialized field, different from parenting one's own children, and for which special training is essential. As foster parenting is far too complex to be covered in one course, DCFS will provide opportunities for training of prospective foster parents and training related to the special needs of children in out-of-home placements. An individualized training plan will be developed taking into consideration the age and characteristics of children for whom the foster parent has expressed preferences.
Pre-Service Training
Successful completion of the assessment and, if applicable, approval of alternative compliance or policy waiver, is necessary before referral to pre-service training. Training of prospective foster parents will be done by using group processes, but may be done on an individual basis when necessary. Foster parents must complete the Division's pre-service training curriculum which includes 27 hours of Foster/Adopt PRIDE training and three hours of DCFS orientation prior to placement of a child. Foster parents shall have current CPR and First Aid Training. No child will be placed in the foster home until each foster parent has obtained CPR Certification and completed First Aid training.
First Aid and CPR training and certification will only be accepted from a certified trainer associated with the American Heart Association, the National Safety Council, the American Red Cross, the Health and Safety Institute, or EMS Safety Services.
Online CPR and First Aid training is acceptable provided the online course is offered through American Heart Association, the National Safety Council, American Red Cross, the Health and Safety Institute, or EMS Safety Services. In addition the online curriculum must also require hands-on, skill-based instruction as well as written and practical testing. As such, participants shall demonstrate the skills learned through the online portion of the curriculum in the presence of a certified trainer in order to complete certification (i.e., training and certification that is provided solely online will not be accepted).
Prospective foster parents must obtain a certification card from the trainer representing the certifying national organization. DCFS staff will coordinate the CPR and First Aid training with the national organization.
Continuing Education
DCFS will require participation in local educational and training opportunities. Each foster parent shall annually participate in a minimum of 15 hours of approved training. This additional 15 hours becomes due at the end of the second year that a foster home is in operation. The same training classes cannot be repeated yearly. Training classes may cover a wide range of topics related to parenting, child development, behavior problems, medical needs, etc., and may be offered by educational systems (college, university, local school system), Health Department, Community Mental Health Centers, the Foster Parent Association and others. Special TV programs related to child abuse, parenting adolescents, etc. may also be considered training. However, videos, TV programs, online courses and books are only accepted on a limited basis. No more than five hours of videos, books, or online courses or TV programs for each foster parent will be accepted per year and must have prior approval by the Area Director or designee. To be considered as training these programs must be discussed with the Resource Worker assigned to the foster parents and receive prior approval before the program is viewed. Participation shall then be documented in the foster home case record. The DCFS County Office will inform all foster parents of any training and educational opportunities known to them. CPR training is not allowed to be counted toward the required 15 hours. Online CPR and First Aid training is acceptable provided the online course is offered through American Heart Association, the National Safety Council, American Red Cross, the Health and Safety Institute, or EMS Safety Services. In addition, the online curriculum must also require hands-on, skill-based instruction as well as written and practical testing. As such, participants shall demonstrate the skills learned through the online portion of the curriculum in the presence of a certified trainer in order to complete certification (i.e., training and certification that is provided solely online will not be accepted).
A statewide foster parent training conference and area conferences are held yearly, if funds are available, to give foster families the opportunity to obtain the required hours. Both in-state and out-of-state conferences may be considered training. Funds may be available to defray expenses for these educational opportunities. Prior approval is required for reimbursement. Contact a Resource Worker.
The appropriate DCFS County Office will maintain the training record, both DCFS and non-DCFS sponsored. Foster parents are responsible for reporting to their Resource Worker participation in non-DCFS sponsored training. Evidence of attendance (training certificate, etc.) will be needed to document participation.
Both travel and baby-sitting expenses incurred when attending mandatory local and DCFS sponsored training are reimbursable. A Resource Worker must be contacted prior to the training for approval of such expenses.
Reevaluation of Foster Homes
The Resource Worker will monitor the foster home at least quarterly for continued compliance with the minimum licensing standards and policy requirements and complete CFS-475(F): Checklist for Compliance.
Foster homes must be reevaluated annually (i.e., no later than the anniversary month of the foster home's approval), to assure that they continue to meet all standards and policy requirements. Any foster home that does not continue to meet standards will be closed. The Resource Worker or designee will formally review each foster home and complete CFS-475 (A-C): Checklist for Ongoing Monitoring and CFS-451: Foster Parent Reevaluation. The review will be filed in the foster home record.
This reevaluation is necessary to ensure that changes in the family, either physical changes or changes in attitudes, do not adversely affect children placed in that home. After having actually experienced children in foster care in the home, one may have very different feelings about foster parenting and the ability to work with different types of children. The opportunity will be provided to express any changes in feelings subsequent to the last approval, evaluation, or reevaluation. Also, a Resource Worker may assess the family's ability as shown by past experiences with children in foster care. This information will be recorded in the foster home record to be used by any Resource Worker placing or supervising a child in that home.
The foster parent reevaluation packet will be mailed or hand-delivered to be completed prior to the home visit by the resource worker. The resource worker will make an appointment to conduct the reevaluation, review the completed packet, and interview the family. The foster parent reevaluation form will be filed in the foster home record and a narrative entry will also be made in the record that reflects the resource worker's assessment of the following items:
• Continued compliance with Minimum Licensing Standards
• Continuing education compliance
• Maintenance of current CPR Certification and First Aid training
• How the family has met the needs of the children placed, including physical, emotional, educational and recreational needs
• Identification of persons in the home at the time of the reevaluation
• Attitudes toward birth/legal parents
• Impressions and Evaluation
• Objective evaluation of present and future capacity as a foster home
• Strong points of the foster home
• Weak points of the foster home
• How the family has met the needs of the children placed in the home
• Health and Financial Status
• Declaration on status of other applicable requirements, such as physician's exam, criminal record checks, motor vehicle check, and telephone
• Recommendations
• Age, sex, and special characteristics of children who should be placed in the home
• Problems which can and cannot be handled
• Recommended length of placement desirable
(For reference, see CFS-451: Foster Parent Reevaluation)
The Resource Worker will notify the family of the disposition of the reevaluation in writing within 10 days. When re-approved, the family will receive a reevaluation letter.
A reevaluation of a family foster home shall be conducted whenever there is a major change in the lives of family foster parents including, but not limited to:
• Death or serious illness among the members of the foster family
• Marriage, separation, or divorce
• Loss of or change in employment
• Change in residence
• Suspected abuse or neglect of any child in the home
• Addition of family members (e.g., birth, adoption, aging relatives moving in)

Credits

Amended June 15, 2009; Nov. 25, 2010; Aug. 20, 2012; April 1, 2013; Aug. 21, 2013.
[FN1]
So in original.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 016.15.3-5, AR ADC 016.15.3-5
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