1. (a) The Division of Children and Family Services responsibilities and duties:

   1. (1) To ensure the well-being of an infant born to a juvenile in the physical custody of the Division of Youth Services, the Division of Children and Family Services Assistant Director of Field Operations or designee shall:

      1. (A) Work collaboratively with the Division of Youth Services; and
      2. (B) Function as the liaison between the Division of Youth Services and the Division of Children and Family Services; and

   2. (2)

      1. (A) Upon receipt of information from the Division of Youth Services that a juvenile in their custody is pregnant, the Division of Children and Family Services Assistant Director of Field Operations or designee will be responsible for contacting and coordinating services with the appropriate Division of Children and Family Services county staff and the Division of Youth Services staff.
      2. (B) In order to ensure the health and safety of any infant born to a juvenile in the physical custody of the Division of Youth Services, the Division of Children and Family Services Assistant Director of Field Operations or designee shall perform the following duties:

2. (i) Contact the appropriate Division of Children and Family Services county office to notify them of the referral from the Division of Youth Services;

   1. (ii) Forward all information to the appropriate Division of Children and Family Services county office concerning the juvenile and designated caregivers;

      1. (iii)
3. (a) (a) Coordinate all information sharing between the county office and the Division of Youth Services.

4. (b) (b) If the county office needs any additional information from the Division of Youth Services, the county must contact the Division of Children and Family Services Assistant Director of Field Operations; and

   1. (iv)
5. (a) (a) Track all referrals to the county office until the infant is placed with a designated caregiver or with the Department of Human Services.
6. (b) (b) The Division of Children and Family Services Assistant Director of Field Operations or designee will develop a log to track all referrals and maintain a status of the referrals.

7. (b) In order to ensure the health and safety of any infant born to a juvenile in the physical custody of the Division of Youth Services, the Division of Children and Family Services county office shall perform the following duties:

   1. (1) Contact the identified caregiver or caregivers to determine their willingness to take custody of the child at birth and to care for the child until the parent is released from the Division of Youth Services;

   2. (2) Explain to the prospective caregiver that:

      1. (A) If his or her home study, including a central registry check, a Division of Arkansas State Police criminal background check, and vehicle safety (DMV) check, is approved, the Division of Children and Family Services will petition the court for them to take custody of the child at birth, and the Division of Children and Family Services would have no further involvement in the case; and
      2. (B) A prospective caregiver has the option of becoming a foster family only if they need assistance in the care of the child;
   3. (3) Coordinate the services between other counties if the juvenile identifies more than one (1) potential caregiver and any of the prospective caregivers live in different counties;
   4. (4) Subsequent to declining a prospective caregiver due to an unfavorable home study, contact other county offices as necessary to have those counties conduct home studies on other identified potential caregivers;

   5. (5)

      1. (A) Conduct a home study, including a central registry check, a Division of Arkansas State Police criminal background check, and vehicle safety (DMV) check on the family that is the most willing to take the infant and willing to work for the best interest of the juvenile.
      2. (B) County office staff can use contracts for conducting the home studies if contracts are available;

   6. (6)

      1. (A) Once a favorable home study is completed on a prospective caregiver, explain to the prospective caregiver that the Division of Children and Family Services will petition the court for them to obtain emergency custody of the child.
      2. (B) The home study needs to be completed and approved, if possible, prior to the infant’s birth;
   7. (7) If the home study is completed and approved within the first or second trimester of the pregnancy, then after the child is born but before placement, complete a walk-through of the prospective caregiver’s home to ensure the home remains appropriate (a new home study is not required, only a walk-through);
   8. (8) Contact the Office of Chief Counsel on each case so that there is appropriate court involvement; and

   9. (9) Identify cases as FINS non-Division of Children and Family Services involvement as appropriate.

      1. (c)
   10. (1) If an appropriate caregiver is willing to take custody of the child, the Division of Children and Family Services will not take custody but will file a petition for dependency due to the parent being incarcerated.
   11. (2) The petition will ask for emergency custody to be given to the caregiver once the baby is born.

   12. (3) Placement with the approved caregiver will be the requested placement and not placement with the department.

       1. (d)
   13. (1) If there is no appropriate caregiver or if the identified caregiver is not willing to take custody of the child but expresses that they would like to become a foster parent for the child, the Division of Children and Family Services will petition the court for custody of the infant and open the caregiver’s home as a provisional foster home if the approved caregiver is a relative or fictive kin.
   14. (2) If the approved caregiver is not a relative or fictive kin and wants to become a foster parent for the infant, the infant will have to be placed in an approved foster home until the caregiver becomes an approved licensed foster home.

8. (e) Release of infant.

   1. (1) The Division of Children and Family Services Assistant Director of Field Operations or designee will immediately notify the appropriate county office of the juvenile’s entry into the hospital for delivery or immediately after the juvenile delivers the infant.
   2. (2) Upon notification, the county office will immediately notify the approved caregiver of the juvenile’s entry into the hospital for delivery of the child.
   3. (3) The Division of Children and Family Services shall be responsible for initiating any legal proceedings necessary to facilitate the placement or release of the infant or infants.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "08/2013"