1. (a)

   1. (1) The Division of Children and Family Services purchases services from private and public agencies, universities, and individuals using state and federal funds.
   2. (2) Programs and services of other divisions within the Department of Human Services may also be available to clients of the Division of Children and Family Services.

   3. (3) Delivery of services is coordinated with other divisions administering:

      1. (A) TEA/TANF Medicaid;
      2. (B) SNAP (Supplemental Nutrition Assistance Program);
      3. (C) Social Services Block Grant; and
      4. (D) Other federal entitlement programs.

2. (b)

   1. (1) The services are authorized and funded in conjunction with various state and federal laws which govern the operation of the Division of Children and Family Services.

   2. (2) The major federal laws governing service delivery, as amended, are:

      1. (A) The Civil Rights Act of 1964, Pub. L. No. 88-352, Titles VI, VII, and IX;
      2. (B) The Rehabilitation Act of 1973, Pub. L. No. 93-112, Sections 503, 504;
      3. (C) The Americans with Disabilities Act of 1990, Pub. L. No. 101-336, Title II;
      4. (D) The Social Security Act of 1935, Pub L. No. 74-271 Titles:

3. (i) IV-A — Block Grants to States for Temporary Assistance for Needy Families (TANF);

   1. (ii) IV-B — Child and Family Services;

      1. (iii) IV-E — Federal Payments for Foster Care, Prevention, and Permanency;

         1. (iv) XIX — Grants to States for Medical Assistance Programs; and
         2. (v) XX — Block Grants to States for Social Services; and

      2. (E) Public laws:

         1. (i) 93-247— Child Abuse and Neglect;
         2. (ii) 94-142 — The Education for All Handicapped Children Act of 1975;
         3. (iii) 96-272 — The Adoption Assistance and Child Welfare Act of 1980; and
         4. (iv) 105-89 — The Adoption and Safe Families Act of 1997.
         5. (c) Compliance with Civil Rights Act.

   2. (1) The Division of Children and Family Services complies with Titles VI and VII of the Civil Rights Act of 1964 and operates, manages, and delivers services without regard to:

      1. (A) Race;
      2. (B) Color;
      3. (C) Religion;
      4. (D) Sex;
      5. (E) Age;
      6. (F) National origin;
      7. (G) Mental or physical disability;
      8. (H) Veteran status;
      9. (I) Political affiliation; or
      10. (J) Belief.

   3. (2) The Division of Children and Family Services is the designated state agency to administer and supervise all child and family services (Titles IV-B and IV-E of the Social Security Act of 1935).

      1. (d) Compliance with Indian Child Welfare Act.

   4. (1)

      1. (A) The Division of Children and Family Services is respectful of the varying cultures and heritages of the families it serves.
      2. (B) To that end, the Division of Children and Family Services complies with all mandates of the federal Indian Child Welfare Act of 1978, Pub. L. No. 95-608 (ICWA).
      3. (C) ICWA is a federal law regulating placement proceedings involving children of Native American descent.

      4. (D) ICWA mandates preventive services before removal to:

         1. (i) Protect the best interest of Native American children; and
         2. (ii) Promote the stability and security of Native American families and tribes.

      5. (E) This includes:

         1. (i) Preventing the unnecessary and arbitrary removal of Native American children from their families and tribes; and
         2. (ii) Placing a Native American child who must be removed in an available and safe home that reflects the unique values of the Native American culture.

   5. (2)

      1. (A) If a child of Native American descent is transferred from the custody of the division to a Tribal IV-E agency or an Indian tribe with a Title IV-E agreement, the Division of Children and Family Services will work in close consultation with the applicable Native American tribe to ensure the transfer of custody does not affect a child's eligibility for:

         1. (i) Title IV-E or medical assistance under Title XIX (Medicaid); or
         2. (ii) Receipt of services or payment under Title IV-E or Medicaid.

      2. (B) The Division of Children and Family Services will determine, if the eligibility determination is not already completed, the:

         1. (i) Child’s IV-E eligibility at the time of the transfer of placement; and
         2. (ii) Responsibility of care of a child to a tribal Title IV-E agency or an Indian tribe with a Title IV-E agreement.

   6. (3) The Division of Children and Family Services will provide essential documents and information necessary to continue a child's eligibility under Title IV-E and Medicaid programs under Title XIX to the tribal Title IV-E agency, including, but not limited to providing:

      1. (A) All judicial determinations to the effect that:

         1. (i) Continuation in the home from which the child was removed would be contrary to the welfare of the child; and
         2. (ii) Reasonable efforts to prevent removal have been made;
      2. (B) Other documentation the Division of Children and Family Services has that relates to the child's Title IV-E eligibility;
      3. (C) Information and documentation available to the Division of Children and Family Services regarding the child's eligibility or potential eligibility for other federal benefits;
      4. (D) The case plan, including health and education records of the child; and
      5. (E) Information and documentation of the child's placement settings, including a copy of the most recent provider's license or approval.

4. (e) Compliance with the Multiethnic Placement Act of 1994.

   1. (1)

      1. (A) The Division of Children and Family Services also complies with the Multiethnic Placement Act of 1994, Pub. L. No. 103-382 (MEPA) in making foster care and adoptive placements.
      2. (B) The Multiethnic Placement Act of 1994 provides for assessment of individual liability to staff for knowingly violating MEPA requirements.

   2. (2) The Multiethnic Placement Act of 1994 prohibits:

      1. (A) Delaying or denying the placement of a child for adoption or foster care on the basis of race, color, or national origin of the adoptive or foster parent or the child involved; and

      2. (B) Denying any individual the opportunity to become a foster or adoptive parent on the basis of the prospective parent’s or the child’s:

         1. (i) Race;
         2. (ii) Color; or
         3. (iii) National origin.
   3. (3) MEPA also requires that to remain eligible for federal assistance for their child welfare programs, states must diligently recruit foster and adoptive parents who reflect the racial and ethnic diversity of the children in the state who need foster and adoptive homes.
   4. (4) Consideration of race, color, or national origin is permissible only when an individual determination is made that the facts and circumstances of a particular case require the consideration of race, color, or national origin in order to advance the best interests of the child in need of placement.
   5. (5) The Division of Children and Family Services’ compliance with the Indian Child Welfare Act of 1978 does not violate the Multiethnic Placement Act of 1994.

Codification Notes: Titles VI, VII, and IX of the Civil Rights Act of 1964 is codified at 42 U.S.C. § 2000d et seq., 42 U.S.C. §§ 2000e – 2000e-17, and 20 U.S.C. §§ 1681-1688, respectively. Sections 503 and 504 of the Rehabilitation Act of 1973 are codified at 29 U.S.C. §§ 793 and 794. Title II of the Americans with Disabilities Act of 1990 is codified at 42 U.S.C. §§ 1231 – 12165. Titles IV-A, IV-B, IV-E, XIX, and XX of the Social Security Act of 1935 are codified at 42 U.S.C. § 601 et seq., 42 U.S.C. § 621 et seq., 42 U.S.C. § 670 et seq., 42 U.S.C. § 1396-1 et seq., 42 U.S.C. § 1397 et seq., respectively. This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "10/2013"