The FSW will:

1. (1) Take a child into protective custody for up to seventy-two (72) hours if:

   1. (A) The circumstances present an immediate danger to the child’s health or physical well-being;
   2. (B) The child is neglected as defined under Garrett’s Law pursuant to Arkansas Code § 12-18-103(14)(B), and the FSW Investigator determines that the child and any other children, including siblings, are at substantial risk of serious harm such that the children need to be removed from the custody or care of the parent/legal guardian (see 9 CAR § 40-102, definitions, for definition of “neglect”); or
   3. (C) Any child who is dependent as defined at Arkansas Code § 9-27-301 et seq. (see 9 CAR § 40-102 for definition of “dependent”);

2. (2)

   1. (A) If a police officer, law enforcement, a juvenile division of circuit court judge during proceedings concerning the child or sibling of the child, a designated employee of the Department of Human Services, any person in charge of a hospital or similar institution, or any physician treating a child has taken a child into protective custody pursuant to Arkansas Code § 12-18-1001, assume custody of the child and assess the health and safety of each child to determine whether to continue or release custody of the child.
   2. (B) Release custody of a child who is taken into custody pursuant to Arkansas Code § 12-18-1001 if the FSW Investigator in consultation with his or her supervisor determines that custody is no longer required.
   3. (C) Notify the circuit court if the department releases custody of a child whom the circuit court has taken into custody;

3. (3)

   1. (A) When a child upon whom a seventy-two-hour hold has been placed is currently located in a school, residential facility, hospital, or similar institution, the FSW will notify the institution.

   2. (B) The FSW will be aware that the institution is obliged to do the following upon receiving notice, in accordance with Arkansas Code § 12-18-1005:

      1. (i) Retain the child until the Division of Children and Family Services takes a hold on the child;
      2. (ii) Not notify the parent until the child has been removed by the Division of Children and Family Services; and
      3. (iii) Provide the parent or guardian with the name and contact information of the Division of Children and Family Services employee regarding the hold on the child;
4. (4) Notify the Office of Chief Counsel attorney immediately that protective custody was exercised and request an ex parte emergency order from the court;
5. (5) If a minor child’s safety is a concern, contact the Office of Chief Counsel immediately to request that the Division of Children and Family Services petition the court for an order of less than custody;
6. (6) Determine whether to recommend to the court that reunification services should or should not be provided to reunite the child with his or her family (see 9 CAR § 40-701);

7. (7)

   1. (A) Determine whether the grandparents have the right to notice and right to be heard.

   2. (B) In a child custody or dependency-neglect case, grandparents have this right if all the following conditions are present (“grandparent” does not mean a parent of a putative father of a child for the purpose of this determination):

      1. (i) The grandchild resided with the grandparent for at least six (6) consecutive months prior to the child’s first birthday or lived with the grandparent for at least one (1) continuous year regardless of age;
      2. (ii) The grandparent was the primary financial caregiver during the time the child resided with the grandparent; and
      3. (iii) The continuous custody occurred within one (1) year of the initiation of the custody proceeding;
8. (8) Provide the Office of Chief Counsel attorney with the name and address of any grandparent who is entitled to notice based on the above conditions;
9. (9) Prepare an affidavit immediately and submit it to the Office of Chief Counsel attorney (the Crimes Against Children Division shall prepare affidavits containing facts obtained during the child maltreatment investigation);

10. (10)

    1. (A) Arrange for a physician to examine the child thoroughly within twenty-four (24) hours of removal for allegations of severe maltreatment under Arkansas Code § 12-18-602 or if the allegation is that a child has been subjected to neglect as defined in Arkansas Code § 12-18-103(14)(B) (Garrett’s Law) and arrange for a physician to examine the child thoroughly within seventy-two (72) hours of removal for all other children who enter the custody of the department.
    2. (B) The FSW or Health Services Worker (HSW) must sign the consent for treatment prior to the child receiving medical and dental services during protective custody.

    3. (C) The FSW or HSW may:

       1. (i) Go to the medical or dental office where treatment is to be provided and sign the consent for treatment forms;
       2. (ii) Have the form faxed, sign the form, and fax it back to the service provider;
       3. (iii) Have the form signed electronically and emailed back to the service provider;
       4. (iv) Have the form signed with a wet signature, scanned, and emailed back to the service provider; or
       5. (v) If the provider allows phone consent, they may provide consent via the telephone.

    4. (D)

       1. (i) This should be completed prior to the resource parent accompanying the child for treatment.
       2. (ii) In emergency situations, the on-call FSW will be available to sign for medical or dental treatment;
11. (11) Place the child in an appropriate licensed or approved placement;

12. (12) If a provisional placement will be pursued:

    1. (A)

       1. (i) Notify the area Resource Worker Supervisor by email within twenty-four (24) hours of removal that children have been removed and a potential provisional placement has been identified.

       2. (ii) In the notification email, provide the area Resource Worker Supervisor with:

          1. (a) (a) Names and ages of the children who have been removed;
          2. (b) (b) Name or names of potential provisional placement;
       3. (c) (c) Relationship of potential provisional placement to children;

       4. (d) (d) Contact information for potential provisional placement; and

          1. (e) (e) Any other information collected regarding potential provisional placement (see CFS-450: Prospective Provisional Resource Parent Information and Questionnaire for more information);
    2. (B) Interview the child or children if age appropriate to assess how the child may feel about placement with a specific relative; and
    3. (C) See 9 CAR § 40-708, consideration of relatives for children in foster care, for further information on provisional placements;
13. (13) Complete and route CFS-323: Protective Custody/Parental Notification;
14. (14) Open an out-of-home placement case within one (1) business day;

15. (15)

    1. (A) Return the child to the legal custodian if the emergency necessitating protective custody passes or if the judge does not grant custody to the department.
    2. (B) Protective custody cannot be extended;
16. (16) Complete the CFS-336: Expiration of Protective Custody/Parental Notification and provide to the parent; and
17. (17) If the parent refuses to accept custody of the child, file an emergency petition.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "02/2025"