1. (a) The child placement agency shall obtain a license before placing or planning for the placement of children in:

   1. (1) A foster home;
   2. (2) An adoptive home; or
   3. (3) A residential facility.
2. (b) The purpose and mission of the agency, including treatment philosophy, services provided, and characteristics of children it is designed to serve, shall be stated in writing.

3. (c) The following policies of the agency shall be current and available to all employees of the agency and the licensing specialist:

   1. (1) Personnel policies;
   2. (2) Volunteer policy;
   3. (3) Student intern policy;
   4. (4) Admission policy;
   5. (5) Intake policy;

   6. (6)

      1. (A) Behavior management policy.
      2. (B) Corporal punishment is prohibited for all placement licenses.
      3. (C) See Arkansas Code § 9-28-405(d)(1)(E) [repealed];
   7. (7) Crisis management policy;

   8. (8) Child maltreatment/mandated reporter policy, according to Arkansas law, including procedures to ensure that alleged, suspected, or witnessed incidents of maltreatment are:

      1. (A) Reported to the Child Abuse Hotline; and
      2. (B) Documented as required by these or other applicable rules or laws;
   9. (9) Child exploitation policy;
   10. (10) Visitation policy;

   11. (11)

       1. (A) Public safety policy.
       2. (B) Sexual rehabilitative programs only;

   12. (12)

       1. (A) Target population and admission, exclusion, and discharge criteria policy.
       2. (B) Sexual rehabilitative programs only; and

   13. (13)

       1. (A) Emergency, respite care, and disruption policy.
       2. (B) Placement agencies only.
4. (d) The agency shall be legally authorized to conduct business in Arkansas by state law and local ordinance.

5. (e) The agency shall meet all federal, state, and local laws and ordinances that apply to:

   1. (1) Child welfare agencies; and
   2. (2) The proper care of children in such facilities.
6. (f) The agency shall provide copies of all programmatic licenses, certifications, and accreditations it holds.

7. (g)

   1. (1) The owner or board of directors, or both, shall:

      1. (A) Be responsible for operating the facility; and
      2. (B) Have final responsibility to ensure that the facility meets licensing requirements.
   2. (2) Names and addresses of board members shall be provided to the licensing specialist annually.
8. (h) The agency shall maintain a current organizational chart showing the administrative structure of the organization.

9. (i) The agency shall notify the Child Welfare Agency Licensing Unit within five (5) days of any change of:

   1. (1) Administrator;
   2. (2) Social service director; or
   3. (3) Clinical director.
10. (j) The agency shall establish and follow written policies and procedures that meet or exceed the Minimum Licensing Standards for Child Welfare Agencies.

11. (k)

    1. (1) All agencies applying for an Arkansas license shall provide proof that they are:

       1. (A) Licensed in good standing in their home state, if applicable; and
       2. (B) In good standing in all other states where they are licensed.
    2. (2) If an agency is being disciplined or sanctioned in another jurisdiction, the Child Welfare Agency Review Board shall be notified.
12. (l) All agencies licensed in Arkansas after January 18, 2002, shall have an office in Arkansas.

13. (m)

    1. (1) All agencies licensed in Arkansas shall maintain all required files for licensing review as needed.

    2. (2) They may choose to:

       1. (A) Maintain these files in their offices in Arkansas; or
       2. (B) Arrange to provide the required files to the licensing staff.
14. (n) All agencies licensed in Arkansas shall have a qualified person on call to supervise emergency services.
15. (o) If electronic records are kept, these records shall be made available to the licensing specialist for purposes of monitoring and investigation.
16. (p) Any disciplinary action taken against the agency by another jurisdiction shall be reported to the Child Welfare Agency Licensing Unit.

17. (q)

    1. (1) The Child Welfare Agency Review Board shall terminate the license of a licensee that has not been in operation for a consecutive twelve-month period.
    2. (2) The agency shall not permit, aid, or abet an unlicensed person to perform activities requiring a license.

18. (r) The agency shall not misrepresent the type or status of:

    1. (1) Education;
    2. (2) Training;
    3. (3) Expertise;
    4. (4) Licensure; or
    5. (5) Professional affiliations.

Codification Notes: Arkansas Code § 9-28-405(d)(1)(E), which is referenced in this section, was repealed by Acts 2021, No. 673, § 1.