1. (a)

   1. (1) The Division of Children and Family Services will open cases to ensure safety and promote the best interest of the child and to provide services to strengthen, reunify, and assist families.
   2. (2) This will be accomplished through the delivery of supportive, protective, adoptive (see 9 CAR § 40-901 et seq., for adoptive services) or out-of-home placement services as deemed appropriate by assessment.

   3. (3) The purpose of services shall be to:

      1. (A) Provide the child with a continuous and stable living environment;
      2. (B) Promote family autonomy;
      3. (C) Strengthen family life where possible; and
      4. (D) Promote the reunification of the child with the parent, guardian, or custodian, when applicable.

2. (b)

   1. (1) The division will ensure a determination of Title IV-E/Medicaid eligibility is obtained for each child placed in an out-of-home setting or subsidized adoption.
   2. (2) When a child is removed from his or her home, a judicial determination as to whether reasonable efforts were made or were not required to prevent removal must be made no later than sixty (60) days from the date the child is removed from the home.

   3. (3) Eligibility for Title IV-E foster care maintenance payments will be based on the following requirements:

      1. (A) The child was removed from the home of a specified relative pursuant to judicial determination to the effect that:
3. (i)
4. (a) (a) Continuation in the residence in the home would be contrary to, or that the placement would be in the best interest of, the child.
5. (b) (b) The contrary-to-the-welfare determination will be made in the first court ruling that sanctions (even temporarily) the removal of a child from the home.

6. (c) (c) If the determination regarding “contrary to the welfare” is not made in the first court ruling pertaining to removal from the home, the child will not be eligible for Title IV-E maintenance subsidy for the duration of that stay in foster care; and

   1. (ii)
7. (a) (a) A finding of or a deeming of reasonable efforts is required.

8. (b) (b) The judicial determination must state that reasonable efforts to prevent a child’s removal from home or to reunify the child and family are not required;

   1. (B)

      1. (i) The child’s placement and care in a foster family home or with a public or private child placement or childcare agency is the responsibility of either the Department of Human Services or any other public agency with whom the department has an agreement.

         1. (ii)
9. (a) (a) “Childcare agency” means a private childcare agency, or a public childcare agency which accommodates no more than twenty-five (25) children, and is licensed by the state in which it is situated or has been approved by the agency of such state or tribal licensing authority (with respect to childcare institutions on or near Indian reservations) responsible for licensing or approval of institutions of this type as meeting the standards established for such licensing, except in the case of a child who has attained eighteen (18) years of age, the term includes a supervised transitional living setting in which the individual is living independently.

10. (b) (b) This definition must not include detention facilities, forestry camps, training schools, or any other facility operated primarily for the detention of children who are determined to be delinquent.

    1. (iii) The licensing file must contain documentation that verifies that safety considerations with respect to the staff of the institution have been addressed;

       1. (C)

          1. (i) The child received aid (for the purposes of the FSPP Manual “aid” is defined as AFDC program requirements in effect July 16, 1996) in or for the month in which court proceedings leading to the removal of the child from the home were initiated, or would have received aid in or for the month if application for such aid had been made, or had been living with a specified relative within six (6) months prior to the month in which court proceedings were initiated, and would have received aid in or for such month if he or she had been living with such relative and an application had been made for aid under Title IV-A.
          2. (ii) In any case where the child is an alien disqualified by the Immigration and Nationality Act of 1952, 8 U.S.C. § 1101 et seq., from receiving aid in or for the month in which court proceedings leading to the removal of the child from the home were instituted, such child shall be considered to satisfy the requirements with respect to that month, if he or she would have satisfied such requirements but for such disqualification.
          3. (iii) The Office of Chief Counsel will be consulted if the child’s immigration status must be addressed in any manner; and

       2. (D)

          1. (i) The child was living with a specified relative prior to removal from the home and was AFDC-eligible (per AFDC requirements in effect July 16, 1996) for in that home in the month of the initiation of court proceedings.
          2. (ii) Or the child had been living with the parent or specified relative within six (6) months of the month of the initiation of court and the child would have been AFDC-eligible in that month if he or she had still been living in that home (constructive removal).
          3. (c)
    2. (1) A child of a parent who is in department custody is also considered a dependent juvenile and is eligible to receive foster care maintenance payments and is deemed to be a recipient of AFDC.

    3. (2) Titles XIX and XX services will be available to the child in the state in which the child resides.

       1. (d)
    4. (1) The State of Arkansas is not a voluntary placement state.
    5. (2) The removal of a child from his or her home must occur pursuant to a judicial order placing custody of the child with the department.

Codification Notes: “AFDC” means Aid to Families with Dependent Children. This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "01/2011"