016.15.3-10. Foster Care Placement
AR ADC 016.15.3-10Arkansas Administrative Code
Ark. Admin. Code 016.15.3-10
016.15.3-10. Foster Care Placement
Legal Factors Pertaining to Foster Care
All children entering foster care do so under authorization by the Court.
Legal custody constitutes authorization by the court for DCFS to assume physical control of a child. A child will never be placed in foster care without legal custody.
Arkansas Code Annotated § 9-27-313 authorizes the Division to take emergency 72 hour legal custody of any child who is in immediate danger when there is not sufficient time to petition for and obtain a court order.
Termination of parental rights with the power to consent to adoption is primarily granted in cases where the child cannot return home. Adoption may then occur without further notice to the birth/legal parents.
Selection of a Foster Home
Based on information from the family assessment the Family Service Worker will select the foster home that best meets the child's needs.
The law requires that a child be placed in the least restrictive, most family-like environment possible. A child will also be placed as close to his birth/legal parents as possible. Placement should be in the same county, unless the child needs special services not available in the originating county. This is to help facilitate visits with parents, siblings, relatives, or other people with whom the child has established bonds and supportive relationships. Factors taken into consideration in selecting a foster home include the child's age, sex, religion, disabilities, interests, problems, existence as part of a sibling group, case plan, proximity to family (within a 50 mile radius), maintaining enrollment in the child's school, developmental needs of the child and, training and skills of foster parents. Consideration will be given to the foster parent's preferences as to children approved for their home. There will be no violation of the limitations of these preferences.
A foster home offers a less restrictive environment than other types of out-of-home placement and is particularly adapted to meet the developmental needs of a child.
A foster home is suitable for any child who can accept family life, attend community schools, and live in the community without posing a danger to self or others. This includes children with special needs.
Preparing the Foster Parents for Placement of a Child
The Family Service Worker will realistically describe the child in foster care to the foster parent when asking a family to accept a child. However, sometimes in emergency situations, all information may not be known.
The following will be included in the child's description:
• Age;
• Probable length of placement;
• Education and school information;
• Health of child, special health needs;
• Disabilities, special equipment, facilities, or help needed;
• Behavior, both positive and negative, that can be expected;
• Siblings and where they live;
• Reasons the child is in foster care;
• A general indication of the case plan including the plan for visitation of both parents and any siblings; and,
• Interests.
This information is confidential and should be treated as such.
The Family Service Worker will arrange pre-placement visits between the child and the foster family. Several visits are preferred, but a minimum of one pre-placement visit is required, except in emergencies.
The Family Service Worker will know or at least meet the foster parents before taking a child for pre-placement or placement visits in a provider's home.
The Family Service Worker will discuss these pre-placement issues:
• General requirements regarding the number of children that reside in the foster home,
• Where the child will be in school, how the child will get to school, arrangement for the transfer of school records, who will have a conference with the teacher or principal;
• Activities, toys, etc. the child enjoys, the child's likes, and any fears the child may have;
• Financial arrangements;
• The foster parent's feelings on the impending placement;
• The foster parent's perception of the child;
• Maintaining the child's records; and,
• Medical needs and issues.
Foster parents shall maintain records in accordance with DCFS' policy and procedures for the children placed with the family. The records shall include:
Role of Resource Worker
The Resource Worker will help foster parents understand that the child is going through a series of changes. Among these are: separation from the birth/legal parents and interacting with DCFS personnel, a new family, and new surroundings. The child in care can experience anxiety as a result of these changes. The Resource Worker will suggest to the foster parents ways to help the child move through these changes. The Family Service Worker will also assist the foster family through difficulties which occur, emphasizing that there will be good times and bad times during the placement, and that the bad times are no reflection on their parenting ability. In part, the goal of support from the Resource Worker is to help assure continuity for children who are placed in their home. In supporting the foster parents, the Resource Worker will work with them to help prevent the potential harm that can come to a child due to several moves.
Placement of Children by a Sheriff or Chief of Police
In an emergency situation, a Sheriff or Chief of Police may place children in a DCFS foster home. The foster parent must be well known to the Sheriff or Chief of Police, and they must determine that the foster home is safe and provides adequate accommodations for the child. The foster parent must notify DCFS county staff on the next business day after the placement of the child.
Credits
Amended Nov. 25, 2010.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 016.15.3-10, AR ADC 016.15.3-10
| End of Document |