1. (a) Arkansas Code § 9-27-303 defines “Family in Need of Services” (FINS) as any family whose juvenile evidences behavior which includes, but is not limited to, the following:

   1. (1) Being habitually and without justification absent from school while subject to compulsory school attendance;
   2. (2) Being habitually disobedient to the reasonable and lawful commands of his or her parent, guardian, or custodian; or
   3. (3) Having absented himself or herself from the juvenile’s home without sufficient cause, permission, or justification.

2. (b) Family services are provided in order to:

   1. (1) Prevent a juvenile from being removed from a:

      1. (A) Parent;
      2. (B) Guardian; or
      3. (C) Custodian;
   2. (2) Reunite the juvenile with the parent, guardian, or custodian from whom the juvenile has been removed; or
   3. (3) Implement a permanent plan for adoption, guardianship, or rehabilitation of the juvenile.

3. (c) Family services provided to a juvenile or the family. Services should be designed to address the issues that resulted in the FINS case and may include, but are not limited to:

   1. (1) Child care;
   2. (2) Homemaker services;
   3. (3) Crisis counseling;
   4. (4) Cash assistance;
   5. (5) Transportation;
   6. (6) Family therapy;
   7. (7) Physical, psychiatric, or psychological evaluation;
   8. (8) Counseling; and
   9. (9) Treatment.

4. (d) Disposition — Family in need of services.

   1. (1) If a family is found to be in need of services, the circuit court may enter an order making one (1) of the following dispositions:

      1. (A)

5. (i) Order family services to rehabilitate the juvenile and his or her family.

   1. (ii) If the Department of Human Services is the provider for family services, the family services shall be limited to those services available by the department’s community-based providers or contractors, excluding the contractors with the Division of Children and Family Services, and department services for which the family applies and is determined eligible and, to prevent removal when the department is the provider for family services, the court shall make written findings outlining how each service is intended to prevent removal; or

      1. (B)

         1. (i) Removal.
         2. (ii) If it is in the best interest of the juvenile and because of acts or omissions by the parent, guardian, or custodian, removal is necessary to protect the juvenile’s health and safety, transfer custody to the department.
         3. (iii) This action may serve to reduce the number of foster care entries based solely of juveniles who are truant when acts or omissions of their parents are not a factor.
   2. (2) At least five (5) working days prior to ordering the department, excluding community-based providers, to provide or pay for family services, the court shall fax a written notice of intent to the Secretary of the Department of Human Services and to the attorney of the local Office of Chief Counsel of the department.

   3. (3)

      1. (A) The court shall not specify a particular provider for placement or family services when the department is the payer or provider.
      2. (B) A court may order a child to be placed into a licensed approved placement (i.e., no child shall be placed or remain in a placement in a foster home that has been closed or suspended by a child placement agency) after a hearing where the court makes a finding that it is in the best interest of the child based on bona fide consideration of evidence and recommendations from all the parties.
      3. (C) The court may also order a child to remain in a placement if the court finds the placement is in the best interest of the child after hearing evidence from all parties.

   4. (4)

      1. (A) If the health or welfare of a child is in immediate danger while in a court-ordered placement, the division may immediately remove the child from the court-ordered placement.
      2. (B) If the division must move a child from a court-ordered placement due to the health or welfare of a child being in immediate danger, the division shall notify all parties within twenty-four (24) hours of the change in placement.
      3. (C) Regarding this type of placement change, a hearing may be requested by a party to the case, and the hearing shall be held within five (5) business days of receiving the request.

   5. (5)

      1. (A) In all cases in which family services are ordered, the court shall determine the parent's, guardian's, or custodian's ability to pay, in whole or in part, for these services.
      2. (B) This determination and the evidence supporting it shall be made in writing in the court order ordering family services.
      3. (C) If the court determines that the parent, guardian, or custodian is able to pay, in whole or part, for the services, the court shall enter a written order setting forth the amounts the parent, guardian, or custodian can pay for the family services ordered and ordering the parent, guardian, or custodian to pay the amount periodically to the provider from whom family services are received.

   6. (6)

      1. (A) The division can only be ordered to provide family services in a FINS case when the court finds that services are needed to prevent removal of the child from the home because of child maltreatment.
      2. (B) The Arkansas Juvenile Code, Arkansas Code § 9-27-301 et seq., grants the court the power to order family services without specifying the type of service, i.e., protective services or supportive services.
      3. (C) The court will issue an order for family services, and the division is to provide those services.
      4. (D) If there is not a finding of child maltreatment on the family, and the court determines that the family needs preventative services due to a risk of child maltreatment, open a supportive services case.
      5. (E) If there is a true finding of child maltreatment, open a protective services case.

6. (e) Removal of juvenile.

   1. (1) Before a juvenile court may order any dependent-neglected juvenile or FINS juvenile removed from the custody of his or her parent, guardian, or custodian and placed with the department or other licensed agency responsible for the care of juveniles or with a relative or other individual, the court shall order family services appropriate to prevent removal, unless the health and safety of the juvenile warrant immediate removal for the protection of the juvenile.

   2. (2) When the court orders a dependent-neglected or FINS juvenile removed from the custody of a parent, guardian, or custodian and placed in the custody of the department or other licensed agency responsible for the care of juveniles or with a relative or other individual, the court shall make these specific findings in the order:

      1. (A) In the initial order of removal, the court must find:

         1. (i) Whether it is contrary to the welfare of the juvenile to remain at home;
         2. (ii) Whether the removal of the juvenile is necessary to protect the health and safety of the juvenile, and the reasons for the removal; and
         3. (iii) Whether the removal is in the best interest of the juvenile; and

      2. (B) Within sixty (60) days of removal, the court must find:

         1. (i) Which family services were made available to the family before the removal of the juvenile;
         2. (ii) What efforts were made to provide those family services relevant to the needs of the family before the removal of the juvenile, taking into consideration whether or not the juvenile could safely remain at home while family services were provided;
         3. (iii) Why efforts made to provide the family services described did not prevent the removal of the juvenile; and
         4. (iv) Whether efforts made to prevent the removal of the juvenile were reasonable, based upon the needs of the family and the juvenile.

   3. (3)

      1. (A) If and when an order of permanent custody disrupts, the initial legal action will be to set aside the permanent order of custody regardless of where the child resides.
      2. (B) If parental rights have not been terminated, parents must be notified of the action and an immediate hearing to determine the new permanency plan for the juvenile will take place.

   4. (4)

      1. (A) If a juvenile has been detained and is in the custody of the department pursuant to a FINS or dependency-neglect petition and the court does not keep the juvenile in detention, then any issues regarding placement shall be addressed only in the FINS or dependency-neglect case.
      2. (B) The issues regarding placement shall not be addressed, nor any orders entered, in the delinquency case.
      3. (C) Within ten (10) days of entry of any order in the delinquency case, the prosecuting attorney shall file a copy of the order in the juvenile’s FINS or dependency-neglect case.
   5. (5) Where the state agency's first contact with the family has occurred during an emergency in which the juvenile could not safely remain at home, even with reasonable services being provided, the division shall be deemed to have made reasonable efforts to prevent or eliminate the need for removal.
   6. (6) Where the court finds the department’s preventive or reunification efforts have not been reasonable, but further preventive or reunification efforts could not permit the juvenile to remain safely at home, the court may authorize or continue the removal of the juvenile but shall note the failure by the department in the record of the case.

   7. (7) In all instances of removal of a juvenile from the home of his or her parent, guardian, or custodian by a court, the court shall set forth in a written order:

      1. (A) The evidence supporting the decision to remove;
      2. (B) The facts regarding the need for removal; and
      3. (C) The findings as mentioned above.
   8. (8) The written findings and order shall be filed by the court or by a party or party's attorney as designated by the court within thirty (30) days of the date of the hearing at which removal is ordered or prior to the next hearing, whichever is sooner.
   9. (9) The court may provide that any violation of its orders shall subject the parent, both parents, the juvenile, custodian, or guardian to contempt sanctions.
   10. (10) Custody of a juvenile shall not be transferred to the department when a delinquency petition or case is converted to a FINS petition or case.

   11. (11)

       1. (A) The department shall not recommend that the court split custody of a juvenile, that is, grant legal custody to one (1) person or agency and physical custody to another person or agency.
       2. (B) When the juvenile is removed from the custody of a relative or other person and placed in the custody of the department, the juvenile shall not remain or be returned to the home while in the custody of the department.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "01/2020"