When Case Plans Are Required
Citation: Ann. Code § 9-27-402; 016 15 Code of Rules 011, Policy IV-A

A case plan shall be developed in all dependency-neglect cases or any case involving an out-of-home placement, and:

• The case plan shall be developed and filed with the court no later than 30 days after the date the petition was filed or the juvenile was first placed out of home, whichever is sooner.
• If the department does not have sufficient information prior to the adjudication hearing to complete all of the case plan, the department shall complete those parts for which information is available.
• All parts of the case plan shall be completed and filed with the court 30 days after the adjudication hearing.

Who May Participate in the Case Planning Process
Citation: Ann. Code § 9-27-402; 016 15 Code of Rules 011, Policy IV-A

The Department of Human Services shall be responsible for developing case plans in all dependency-neglect cases, and in family in need of services or delinquency cases when custody is transferred to the Department of Human Services. The case plan shall be developed in consultation with:

• The juvenile's parent, guardian, or custodian
• The juvenile
• The juvenile's foster parents
• The Court Appointed Special Advocate
• The juvenile's attorney ad litem
• All parties' attorneys

Contents of a Case Plan
Ann. Code § 9-27-402; 016 15 Code of Rules 011, Policy IV-A

When the juvenile is receiving services in the home of the parent, guardian, or custodian, the case plan shall include at a minimum:

• A description of the problems being addressed
• A description of the services to be provided to the family and juvenile, specifically addressing the identified problems and timeframes for providing services
• A description of any reasonable accommodations made to parents in accordance with the Americans with Disabilities Act to assure to all the parents meaningful access to reunification and family preservation services
• The name of an individual who the petitioner, parent, guardian, or custodian knows is claiming to be or who is named as the father or possible father of the juvenile and whose paternity of the juvenile has not been judicially determined
• A description of how the juvenile's health and safety will be protected

When the juvenile is receiving services in an out-of-home placement, the case plan must include at a minimum:

• A description of the permanency goal
• The specific reasons for the placement of the juvenile in care outside of the home, including a description of the problems or conditions in the home of the parent, guardian, or custodian that necessitated removal of the juvenile and the remediation of which will determine the return of the juvenile to the home
• A description of the type of out-of-home placement selected for the juvenile, including a discussion of the appropriateness of the placement
• A plan for addressing the needs of the juvenile while in the placement, with emphasis on the health and safety of the child, including a discussion of the services provided within the last 6 months
   
• The specific actions to be taken by the parent, guardian, or custodian of the juvenile to eliminate or correct the identified problems or conditions and when the actions are to be taken
• The visitation rights and obligations of the parent, guardian, or custodian, and the State agency during the period the juvenile is in the out-of-home placement
• The social and other family services to be provided to the parent, guardian, or custodian of the juvenile, and foster parent, if any, while the juvenile is in placement and a timetable for the provision of those services, the purposes of which shall be to promote the availability to the juvenile of a continuous and stable living environment, promote family autonomy, strengthen family life where possible, and promote the reunification of the juvenile with the parent, guardian, or custodian
• To the extent available and accessible, the health and education records of the juvenile
• A description of the financial support obligation to the juvenile, including health insurance of the juvenile's parent, parents, or guardian
• A description of the location of siblings, and if siblings have been separated, the efforts that will be made to enable the siblings to maintain regular contact while separated
• When appropriate for a juvenile of age 16 or older, a description of the programs and services that will help the juvenile prepare for the transition from foster care to independent living
• A written notice to the parent or parents that failure of the parent or parents to comply substantially with the case plan may result in the termination of parental rights and that a material failure to comply substantially may result in the filing of a petition for termination of parental rights sooner than the compliance periods set forth in the case plan itself

Citation: Ark. Code Ann. § 9-27-303(46)(D) (LexisNexis through 2007 Reg. Sess.)

Statute Text:

Reasonable efforts to place a child for adoption or with a legal guardian or permanent custodian may be made concurrently with reasonable efforts to reunite a child with his or her family.

Schedule of Hearings
Citation: Ann. Code §§ 9-27-337; 9-27-338; 9-27-359
A review hearing shall be held no later than 6 months from the date of the original out-of-home placement of the child, and every 6 months thereafter until permanency is achieved.

Permanency hearings shall be held:

• No later than 12 months after the child enters care
• When the child has been in placement 15 of the previous 22 months
• No later than 30 days after the court orders no reunification services
• Annually, as long as the child remains in placement

If the court determines that the permanency goal is termination of parental rights, the Department of Human Services shall file the petition to terminate parental rights within 30 days.

A hearing shall be held to determine whether the department shall file a petition to terminate parental rights if:

• A juvenile has been in an out-of-home placement for 15 continuous months, excluding trial placements and time on runaway status
• The goal at the permanency planning hearing was either reunification or another planned permanent living arrangement

Persons Entitled to Attend Hearings
Citation: Ann. Code §§ 9-27-337; 9-27-338
The following persons may petition the court:

• The Department of Human Services
• The attorney ad litem
• The parties and their counsel

Determinations Made at Hearings
Citation: Ann. Code §§ 9-27-337; 9-27-338
At each review hearing, the court shall determine whether:

• The case plan, services, and placement meet the special needs and best interests of the child, with the child's health, safety, and educational needs specifically addressed.
• The State has made reasonable efforts to provide family services.
• The case plan is moving toward an appropriate permanency plan.
• The visitation plan is appropriate for the child, the parent or parents, and any siblings, if separated.

In making its findings, the court shall consider the following:

• The extent of compliance with the case plan, including, but not limited to, a review of the department's care for the health, safety, and education of the child while he or she has been in an out-of-home placement
• The extent of progress that has been made toward alleviating or mitigating the causes of the out-of-home placement
• Whether the child should be returned to his or her parent or parents and whether or not the child's health and safety can be protected by his or her parent or parents if returned home
• An appropriate permanency plan for the child, including concurrent planning

At every permanency planning hearing, the court shall make a finding on whether the department has made reasonable efforts and shall describe the efforts to finalize a permanency plan for the child.

Permanency Options
Citation: Ann. Code § 9-27-338
At the permanency planning hearing, the court shall enter one of the following permanency goals, listed in order of preference, in accordance with the best interests of the child:

• Returning the child to the parent, guardian, or custodian
• Terminating the parent-child relationship so that the child is available to be adopted
• Obtaining a guardian for the child
• Obtaining a permanent custodian for the child, including permanent custody with a relative
• Continuing the goal of reunification, only when the parent is making significant progress toward reunification
• Authorizing a plan for another planned permanent living arrangement that may include independent living, if age appropriate

Requirements for Foster Parents
Citation: Ann. Code § 9-28-409
 

• A child maltreatment registry check is required for foster parents and all household members age 10 and older. Licensure will be denied to any applicant with a record of founded child maltreatment.
• A State criminal records check for certain convictions is required for foster parents and all household members age 16 and older if they have lived in Arkansas continuously for 6 years or more. An FBI criminal records check for certain convictions is required for foster parents and all household members age 16 and older if they have not lived in Arkansas continuously for 6 years.
• A person may not be a foster parent if he or she has been convicted of any of the following crimes:
  • Child abuse or neglect
  • Spousal abuse
  • A crime against children, including child pornography
  • A crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery
• A person may not be a foster parent if he or she has been convicted of any of the following crimes committed within the past 5 years:
  • Physical assault or battery
  • A drug-related offense
• Because of the serious nature of the offenses and the close relationship to the type of work that is to be performed, the following shall result in permanent disqualification:
  • Murder
  • Kidnapping
  • First- and second-degree sexual assault
  • Endangering the welfare of a minor
  • Incest
  • Arson
  • Endangering the welfare of an incompetent person
  • Felony adult abuse

Requirements for Adoptive Parents
Citation: Ann. Code §§ 9-9-212(b)(5)-(8); 9-28-409

• A State-of-residence criminal background check, if available, and a national fingerprint-based criminal background check are required for an adoptive parent and all household members age 16 and older as part of the home study.
• If a prospective adoptive parent has lived in a State for at least 6 years immediately prior to adoption, only a State-of-residence criminal background check is required.
• A child maltreatment central registry check is required for all household members age 10 and older, if such a registry is available in their State of residence. The person must have no history of true abuse and/or neglect.
• Additional national fingerprint-based criminal background checks are not required for international adoptions as they are already a part of the requirements for adoption of the Federal Bureau of Citizenship and Immigration Services of the Department of Homeland Security.
• Each prospective adoptive parent shall be responsible for payment of the costs of the criminal background checks.
• Any person who is found guilty of, or pleads guilty or nolo contendere to an excluded criminal offense pursuant to § 901-28-409(e)(1) shall be excluded as an adoptive parent. These offenses include:
  • Murder, manslaughter, or negligent homicide
  • Kidnapping or false imprisonment
  • Battery, assault, or terroristic threatening
  • Any sexual offense
  • Permitting abuse of a child, endangering the welfare of a minor, contributing to the delinquency of a minor, or engaging children in sexually explicit conduct or sexual performance
  • Incest
  • Interference with visitation or custody
  • Engaging in conduct with respect to controlled substances or distribution to minors
  • Public display of obscenity, prostitution, or promoting prostitution
  • Criminal attempt, complicity, solicitation, or conspiracy
  • Any felony or misdemeanor involving violence, threatened violence, or moral turpitude

Citation: Ark. Code Ann. § 9-27-102 (LexisNexis through 2007 Reg. Sess)

Statute Text:

The General Assembly recognizes that children are defenseless and that there is no greater moral obligation upon the General Assembly than to provide for the protection of our children, and our child welfare system needs to be strengthened by establishing a clear policy of the State that the best interests of the children must be paramount and shall have precedence at every stage of juvenile court proceedings.

The best interests of the child shall be the standard for recommendations made by the employees of the Department of Human Services and for juvenile court determinations as to whether a child should be reunited with his or her family or removed from or remain in a home wherein the child has been abused or neglected.

Circumstances That Are Grounds for Termination of Parental Rights
Ann. Code § 9-27-341

An order forever terminating parental rights shall be based upon a finding by clear and convincing evidence that it is in the best interest of the child, including consideration of one or more of the following grounds:

• The child has been found to be dependent-neglected and has been out of the custody of the parent for 12 months and, despite a meaningful effort by the department to rehabilitate the parent and correct the conditions that caused removal, those conditions have not been remedied by the parent.
• The child has lived outside the home of the parent for a period of 12 months, and the parent has willfully failed to provide significant material support in accordance with the parent's means or to maintain meaningful contact with the child.
• The presumptive legal father is not the biological father of the child, and the welfare of the child can best be served by terminating the parental rights of the presumptive legal father.
• A parent has abandoned the child.
• A parent has executed consent to termination of parental rights or adoption of the child.
• The court has found the child or a sibling dependent-neglected as a result of neglect or abuse that could endanger the life of the child, sexual abuse, or sexual exploitation, any of which was perpetrated by the child's parent or stepparent.
• The parent has manifested the incapacity or indifference to remedy the parent's circumstances that prevent return of the child to the custody of the parent. The inability or incapacity to remedy or rehabilitate includes, but is not limited to, mental illness, emotional illness, or mental deficiencies.
• The parent is incarcerated for a period of time that would constitute a substantial period of the child's life.
   
• The parent is found by a court of competent jurisdiction, including the juvenile division of circuit court, to have:
  • Committed murder or voluntary manslaughter of any child or to have aided or abetted, attempted, conspired, or solicited to commit such crime
  • Committed a felony battery or assault that results in serious bodily injury to any child or to have aided or abetted, attempted, conspired, or solicited to commit such crime
  • Subjected any child to aggravated circumstances
  • Have had his or her parental rights involuntarily terminated as to a sibling of the child
  • Abandoned an infant, as defined by § 9-27-303(2)

''Aggravated circumstances'' means:

• A child has been abandoned, chronically abused, subjected to extreme or repeated cruelty, sexually abused, or a determination has been made by a judge that there is little likelihood that services to the family will result in successful reunification.
• 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 or more times in the last 15 months.

Circumstances That Are Exceptions to Termination of Parental Rights
Not addressed in statutes reviewed.

Infant's Age
Ann. Code § 9-34-202

A child who is 30 days old or younger may be relinquished.

Who May Relinquish the Infant
Ann. Code §§ 9-34-202; 5-27-205(c)

A child may be relinquished by his or her parent or a person designated by the parent.

Who May Receive the Infant
Ann. Code § 9-34-202

The child may be left with any medical provider or law enforcement agency.

Responsibilities of the Safe Haven Provider
Ann. Code §§ 9-34-202; 9-34-203

Any medical provider or law enforcement agency shall, without a court order, take possession of a child who is 30 days old or younger if the child is left with or voluntarily delivered to the medical provider or law enforcement agency by the child's parent who does not express an intent to return for the child.

A medical provider or law enforcement agency that takes possession of a child shall perform any act necessary to protect the physical health and safety of the child.

Upon delivery of the child, the law enforcement officer or an appropriate hospital employee shall take the child into protective custody for 72 hours and immediately notify the Division of Children and Family Services of the Department of Human Services.

Immunity for the Provider
Ann. Code § 9-34-202

A medical provider or law enforcement agency shall incur no civil or criminal liability for any good faith acts or omissions performed pursuant to this section.

Protection for Relinquishing Parent
Ann. Code § 5-27-205(c)

The fact that a parent voluntarily delivered a child to and left the child with, or voluntarily arranged for another person to deliver a child to and leave the child with, a medical provider or law enforcement agency serves as an affirmative defense to a prosecution for endangering the child.

This section specifically does not constitute a defense to any prosecution arising from an act of abuse or neglect committed prior to the delivery of a child to a medical provider or law enforcement agency.

Effect on Parental Rights
Ann. Code § 9-34-203

The department will initiate a dependency action [to place the child in a permanent home].

Statutes:

Website for Statutes: www.arkleg.state.ar.us/SearchCenter/pages/arkansascode.aspx
Citations:

• Adoption: Title 9, Subtitle 2, Chapter 9
• Child Protection: Title 9, Subtitle 3, Chapter 30
• Child Welfare: Title 9, Subtitle 2, Chapter 16; Subtitle 3, Chapters 27-29, 32, 34

Regulation/Policy

Website for Administrative Code: www.sosweb.state.ar.us/rules_and_regs/index.php/rules/search/new
Note:
See Department of Human Services

Other Resources

Department of Human Services, Division of Children and Family Services

• State and Federal Reports
  www.arkansas.gov/dhs/chilnfam/referencecenter.htm
  Includes: Family Services Policy and Procedure Manual, Child Maltreatment Assessment Protocol, Child Welfare Placement Licensing Standards, Independent Living Program Plan, and more
• Minimum Licensing Standards for Child Welfare Agencies
  www.arkansas.gov/dhs/chilnfam/PUB-04%20(Final)%20Aug%2014,06.pdf (PDF - 897 KB)
• Chafee Foster Care Independence Program Handbook
  www.arkansas.gov/dhs/chilnfam/PUB-404%20-%20%201-31-03.pdf (PDF - 562 KB)

Relative Placement for Foster Care and Guardianship
Citation: Ann. Code §§ 9-9-102; 9-28-502; 9-28-503
In all custodial placements by the Department of Human Services, preferential consideration shall be given to an adult relative over a nonrelated caregiver.

''Kinship foster parent'' means any relative within the first, second, or third degree of consanguinity to the parent or stepparent of a child who is:

• Related through blood or marriage
• Approved to be a foster parent to a child who is in the custody of the department

When a child has been removed from his or her home and is in the custody of the Division of Family Services of the Department of Human Services, the division shall attempt to place the child with a relative for kinship foster care.

Requirements for Placement with Relatives
Citation: Ann. Code §§ 9-9-102; 9-28-503
The relative caregiver must meets all relevant child protection standards, and it must be in the child's best interest to be placed with the relative caregiver.

Kinship foster parents shall meet standards and requirements established by the division for all foster parents, including, but not limited to:

• Training
• Background checks
• Home study requirements

If the relative is approved by the division to provide foster care services in accordance with rules and regulations and a placement with the relative is made, the relative shall be eligible to receive payment for the full foster care rate for the care of the child and any other benefits that might be available to foster parents, whether in money or in services.

Relatives Who May Adopt
Citation: Ann. Code §§§ 9-9-102; 9-28-402

In all custodial placements by the Department of Human Services, preferential consideration shall be given to an adult relative over a nonrelated caregiver.

''Relative'' means a person within the fifth degree of kinship by virtue of blood or adoption.

Requirements for Adoption by Relatives
Citation: Ann. Code §§ 9-9-102; 9-9-212
Preference to the relative caregiver will be given when the relative meets all relevant child protection standards, and it is in the child's best interests to be placed with the relative caregiver.

A home study shall be conducted by any child welfare agency licensed under the Child Welfare Agency Licensing Act, § 9-28-401 et seq., or any licensed certified social worker. The home study shall contain an evaluation of the prospective adoption with a recommendation as to the granting of the petition for adoption and shall include:

• A State-of-residence criminal background check, if available, and national fingerprint-based criminal background check on the adoptive parents and all household members age 16 and older
• A child maltreatment central registry check for all household members age 10 and older, if such a registry is available in their State of residence

Unless directed by the court, a detailed, written health history and genetic and social history of the child is not required if:

• The petitioner is a stepparent.
• The petitioner and the child to be adopted are related to each other within the second degree of relationship.

What Are Reasonable Efforts
Citation: Ann. Code § 9-27-303
''Reasonable efforts'' are measures taken to preserve the family and can include reasonable care and diligence on the part of the department or agency to utilize all available services related to meeting the needs of the juvenile and the family.

When Reasonable Efforts Are Required
Citation: Ann. Code § 9-27-303
Reasonable efforts shall be made:

• Prior to the placement of a child in foster care to prevent the need for removing the child from the child's home
• To reunify a family after a child has been placed out of home to make it possible to return safely home
• To obtain permanency for a child who has been in placement more than 12 months, or 15 of the last 22 months

When Reasonable Efforts Are NOT Required
Citation: Ann. Code § 9-27-303
Reasonable efforts to reunite a child with his or her parent or parents shall not be required in all cases. Reunification shall not be required if a court finds by clear and convincing evidence that the parent has:

• Subjected the child to aggravated circumstances that may include abandonment, chronic abuse, cruelty, or sexual abuse
• Committed or attempted to commit murder or voluntary manslaughter of any child
• Committed felony battery or assault to any child that results in serious bodily injury
• Had parental rights terminated to a sibling of the child
• Has abandoned an infant

Who Can Nominate a Standby Guardian
Citation: Ann. Code § 28-65-221(a)
Any parent who is chronically ill or near death may have a standby guardian appointed by the court.

How to Establish a Standby Guardian
Citation: Ann. Code §§ 28-65-221(a); 28-65-204(b)(1)-(2)
The parent must use the same procedures outlined in the subchapter for establishing a guardianship.

The court shall appoint as guardian the person who is most suitable and is willing to serve, having due regard to:

• Any request contained in a will or other written instrument executed by the parent
• Any request for the appointment of a person as his or her guardian made by a minor age 14 or older

How Standby Authority is Activated
Citation: Ann. Code § 28-65-221(a)
The standby guardian's authority would take effect as outlined in an order of standby guardianship, upon:

• The death of the parent
• The mental incapacity of the parent
• The physical debilitation and consent of the parent

The standby guardian shall immediately notify the court upon the death, incapacity, or debilitation of the parent and shall immediately assume the role of guardian of the minor children. The court shall enter an order of guardianship in conformance with this section.

Involvement of the Noncustodial Parent
Citation:

This issue is not addressed in the statutes reviewed.

Authority Relationship of the Parent and the Standby
Citation: Ann. Code § 28-65-221(a)
The parent does not surrender parental rights with the appointment of a standby guardian.

Withdrawing Guardianship
Citation: Ann. Code § 28-65-401
Guardianship is terminated upon a minor's death, adoption, emancipation, attainment of majority, or by order of the court.