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016.15.3-14. Additional Information

AR ADC 016.15.3-14Arkansas 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 016.15.3-14
016.15.3-14. Additional Information
Educational Services
It is the responsibility of DCFS to provide educational opportunities to help each child meet their full potential. To ensure that children in the custody of DHS receive a quality education, it is the Division's policy to enroll children in foster care only in schools accredited by the Arkansas Department of Education.
Children in foster care shall attend public schools. However, the DCFS Director may grant an educational waiver allowing a child to be placed in a non-public school, including a private, parochial, or home school if it is the best interest of the child. No state or federal funding may be used for such placement. For a child in foster care to be enrolled in a non-public school or be home schooled, a certified mental health professional must present documentation stating that the non-public schooling is in the child's best interests.
Tutoring can be purchased for a child in need of additional educational assistance. Consult the Family Service Worker regarding tutoring. Educational testing and counseling should be available to a child in foster care when they begin to make career/curriculum decisions. If a child desires to pursue college or vocational training after high school, the Family Service Worker will assist the child in the exploration of resources to pursue this plan.
Foster Care Staffings
A staffing is a meeting of key persons who are responsible directly or indirectly for problem solving and decision-making in regard to a child's case plan.
An initial staffing for the child is held within the first 30 days of the child's stay in foster care. Another staffing is held two months after the first staffing and every three months thereafter.
Foster parents will be invited to all staffings on children currently in their care in accordance with the Foster Home Agreement Addendum, CFS-462A. However, it may not be necessary for them to attend the entire staffing.
The Family Service Worker will inform the foster parent in advance of the purpose of the staffing, and what information, if any, that one may be called upon to present. Information presented may include the following:
• Observations about the child;
• If visits have occurred between the birth/legal family and the child, the child's reactions as perceived by the foster parent;
• The child's adjustment in one's home and community;
• Any problems the child is currently experiencing and difficulties this may be causing the family; and,
• Input regarding development of the case plan and the foster parent's assessment of progress in those areas.
Visits between the Child and Birth/Legal Parents/Siblings/Relatives
In order to achieve reunification of families, DCFS shall strive to ensure visitation be made available within the first five days of placement. Visits will be based on the families' needs and reasons for the home placement.
The foster parent plays a very important role in the visitation of the child with parents and siblings. This role includes acceptance of the visits, emotional preparation of the child and supportive follow up with both the child and the child's worker. The foster parent can help the child by preparing the child for changes in the family circumstances or anything that might be unexpected and difficult for the child to accept. The same supportive attitude is needed after the visit.
The foster parent's help is vital to the success of the child's visitation with family members. However, a foster parent may find visitation difficult in some situations. For example, a child may be returned upset, with lost clothing, uncombed hair, etc. These issues may cause the foster parent to question the value of the visits. At such times, it will help to discuss these feelings with the FSW to be reminded of the reasons for visitation. Frequently, with supportive understanding, such problems can be worked out satisfactorily for all concerned.
In any case, the foster parent should always report to the child's FSW the reaction of the child to the visit and the foster parent's perceived observation.
Parent/Child Visits
1. Children in foster care shall have at least weekly visits with their parents. However, in the exercise of professional judgment, if such visits are contrary to the health and welfare of the child, an exception may be made to omit the visits. This provision shall not be construed to compel a child to visit with his/her parents over the child's objection. Visits shall be subject to the orders of the presiding court.
2. A visitation schedule shall be established within three days of initial placement. Visits shall begin no later than five days from the date DHS assumes custody of the child unless, in the exercise of professional judgment, such visits are contrary to the health and welfare of the child or are impossible due to circumstances outside DCFS' control. Visitation shall be subject to the orders of the presiding court.
3. Visits shall, if possible, take place in the parents' home or in the most homelike setting available or in some appropriate educational or recreational setting. The DHS office is the most restrictive setting for visits and should be avoided if possible.
4. For those children in foster care whose parents or legal guardians are incarcerated, the Arkansas Department of Correction (ADC) social worker will be contacted to arrange visitation between the child placed in an out-of-home setting and his incarcerated parent(s) unless such visitation is prohibited by the court, not recommended by a physician, etc.
5. Visits are to increase in frequency and duration. This will include weekend visits leading up to the child's return home, unless specific documented harm is caused by the visits.
6. Children in foster care shall have reasonable opportunities to communicate in writing or by telephone with their parents unless prohibited by court order.
Siblings Visits
1. If a child has a sibling, the Family Service Worker shall arrange sibling visits. Sibling visits shall take place at least once every two weeks unless, in the exercise of professional judgment, the children's best interests require less frequent visitation.
2. If it is in the child's best interest, visits between siblings and with relatives may continue after Termination of Parental Rights (TPR), if visitation was established prior to TPR. Visitation after TPR will continue until an adoption placement is made or the out-of-home placement case is closed. Continuation of visits with parents who have had their parental rights terminated does not continue. Relative visits after TPR must have court approval and cannot continue without the court's approval.
3. Sibling visits shall, if possible, take place in the parents' home, in the home of one of the siblings, in the most homelike setting available or in some appropriate setting such as an educational or recreational setting.
Relative Visits-Children shall have an opportunity to visit with grandparents, great grandparents, or others as determined by the Family Service Worker. Relatives should be allowed supervised visitation. These visits can help explore alternate placement options.
Publication of Information about Children in Foster Care
There are occasions when questions may be asked or pictures requested for purposes of newspaper, television, or radio publicity. All publicity must be approved through the FSW and the County Office Supervisor. Some situations may require the involvement of the DHS Director of Communication.
Youth in Foster Care Application for an Arkansas Driver's License and Insurance Reimbursement Programs
The Director of DCFS may authorize an employee or any foster parent to sign an application for a youth in foster care to obtain an Arkansas Learner's Permit or Intermediate Driver's License. The youth in foster care must meet requirements set by the Division and the State of Arkansas, and be approved by the Director. The foster parent may apply for reimbursement for the additional cost to add the child to their automobile insurance. Participation in both of these programs is voluntary. For more information, the foster parent should consult with their FSW.
Runaways
If a child runs away from the foster home, the foster parent should immediately notify the child's Family Service Worker, On-Call Worker, and/or County Office Supervisor. The Foster Parent should be able to provide information regarding clothes the child was wearing, etc., to aid the worker in making a report to the police.
When a Youth in Foster Care is Arrested
When a youth in foster care is arrested, a foster parent should notify the FSW or On-Call Worker (if after hours). The FSW will talk to law enforcement officials to find out where the youth is being held, the alleged offense, times of the hearings, and possible repercussions. The FSW will also determine if the youth understands his or her legal rights and has not unknowingly waived the rights to silence and to presence of an attorney during any questioning.
The FSW will attempt to have the youth released into the custody of the foster parent if they are willing to sign a statement that the youth will be returned on the day of the detention hearing and/or the adjudication hearing. The youth's birth/legal parents will be notified. The DHS Attorney will be notified, and will contact the Prosecuting Attorney to assure that both the rights of DCFS and the youth are protected and that the youth has an attorney. The DHS Attorney will represent DHS, when appropriate, in the court hearing. The FSW will attend court with the youth.

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 016.15.3-14, AR ADC 016.15.3-14
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