1. (a)

   1. (1) The Division of Children and Family Services will accept referrals from the Department of Corrections social worker seeking to find appropriate placements for infants born to incarcerated mothers.
   2. (2) If the infant has a legal father, the division will not take any action unless the legal father refuses to assume responsibility for the child.
   3. (3) The Department of Corrections social worker will refer the case to the division if the female inmate is unable to identify anyone who meets specific Department of Corrections guidelines for the assumption of care for the infant.

2. (b) After referral by the Department of Corrections social worker, the division Family Service Worker (FSW) will:

   1. (1)

      1. (A) Visit with the mother and discuss possible placements for the child.
      2. (B) Options include:

3. (i) Placement with a family member or a nonfamily member; or

   1. (ii) Custody placed with the Department of Human Services.

      1. (C) If the mother wants to place the infant with a relative or fictive kin, the FSW will discuss whether the mother wants:

         1. (i) Custody placed with the Department of Human Services, with the relative or fictive kin opened as a provisional foster home; or
         2. (ii) Full custody given to the relative or fictive kin.

      2. (D) If the mother wants to place the infant with a nonfamily member, the FSW will discuss whether she wants:

         1. (i) Custody placed with the Department of Human Services, with the family opened as a regular foster home; or
         2. (ii) Full custody given to the nonfamily member;

   2. (2)

      1. (A) Inform the mother of applicable minimum licensing requirements and the division policy if a provisional or regular foster placement with a family or a regular foster placement with a nonfamily member with custody placed with the Department of Human Services is being considered.
      2. (B) Any foster or adoptive placement with a family or nonfamily member, wherein the Department of Human Services is the custodian, must meet the same child welfare licensing requirements as a regular foster home prior to the child being placed in the home as defined at Arkansas Code § 9-28-402;
   3. (3) Inform the mother that a home study must be completed on any family or nonfamily member who is being considered to take full custody of the infant;
   4. (4) When applicable, begin the process for opening any identified family member as a provisional foster home or any identified nonfamily member as a regular division foster home (see 9 CAR § 40-708, consideration of relatives and fictive kin for children in foster care and 9 CAR § 40-801 et seq., Development of Resources Homes and Support of Resource Parents, for more information);

   5. (5)

      1. (A) When applicable, conduct a home study on the requested placements where consideration for custody is with a family or nonfamily member, but not with the Department of Human Services.
      2. (B) If the home study is unfavorable, work with the mother to identify other possible placements, or petition for custody of the child upon birth.
      3. (C) If the home study is favorable, when the child is born, petition the court for custody to be given to the relative or other person identified by the mother;

   6. (6)

      1. (A) Petition the court for custody to be given to the Department of Human Services for placement when the child is born.

      2. (B) The court will assess each case individually and will have a range of options for disposition:

         1. (i) Place the child in the identified provisional foster home or regular foster home;
         2. (ii) Place permanent custody with a relative or other person and close the case with no Department of Human Services involvement;
         3. (iii) Grant guardianship to a relative or other person and close the case with no Department of Human Services involvement; and
         4. (iv) Grant custody to Department of Human Services and recommend immediate termination of parental rights.
      3. (C) If termination of parental rights is granted, the Family Service Worker will follow 9 CAR § 40-910, termination of parental rights;
   7. (7) If applicable, follow the division policy for case opening, placement, and provision of services to the child; and
   8. (8) Contact the Department of Corrections social worker to arrange visitation between the child placed in an out-of-home setting and the incarcerated mother as stated in 9 CAR § 40-712, maintaining family ties in out-of-home placements, unless such visitation is prohibited by the court, physician, the division, etc.

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