(a)
- (1) In order to ensure quality resource homes, the Division of Children and Family Services will complete a thorough home assessment for each prospective resource family.
- (2) The purpose of the assessment process is to educate prospective resource parents on the characteristics of children in out-of-home placement and evaluate their ability to meet those needs, as well as evaluate the applicants’ compliance with the Minimum Licensing Standards for Child Welfare Agencies and Division of Children and Family Services policy requirements for resource homes.
- (3) The home assessment is a mutual selection process.
- (4) It involves several components including, but not limited to, background checks, an in-home consultation visit, preservice training, a home study, and ongoing consultation with the prospective resource parents to ensure that all appropriate criteria related to both compliance and quality are met.
(b) Basic criteria. Basic criteria for consideration in determining the appropriateness of resource homes include but are not limited to the following:
(1)
- (A) Age.
- (B) An applicant must be at least twenty-one (21) years of age.
- (C) A policy wavier may only be approved in rare circumstances for provisional homes;
(2)
- (A) Citizenship.
- (B) A traditional resource parent applicant must be a United States citizen or a legal permanent resident.
- (C) However, persons who are undocumented may be considered as a resource home applicant for their relatives or fictive kin;
(3)
- (A) Relationship stability.
- (B)
(i) In a two (2) parent home, both parents will be joint applicants and both parents will actively participate in the approval process.
(ii) The couple will demonstrate a stable relationship.
- (iii) In assessing relationship stability, considerations may include major life changes such as:
- (a) (a) Death or serious illness among family members;
(b) (b) Marriage, separation, divorce, or other significant changes in the couple’s relationship;
(c) (c) Addition of household members (e.g., birth, adoption, aging relative moving in); and
- (d) (d) Loss of or change in employment.
- (C) In a single parent home, the major life changes listed above will also be considered when assessing the person’s ability to be an effective resource parent.
(D)
- (i) A resource home may not house or admit any roomer or boarder.
- (ii) A roomer or boarder is:
- (a) (a) A person to whom a household furnishes lodging, meals, or both, for a reasonable monthly payment; and
(b) (b) Not a household member.
(E) A household member is a resident of the home who:
(i) Owns or is legally responsible for paying rent on the home (household head);
- (ii) Is in a close personal relationship with a household head; or
- (iii) Is related to a household head or to a person in a close personal relationship with a household head.
(F) Any household member who resides in the home for more than three (3) cumulative months in a calendar year must clear all the following background checks as applicable by age of the household member (see the background check subsection below for more information):
- (i) Child Maltreatment Central Registry;
- (ii) Child Maltreatment Registry check in any state in which the household member has lived within the preceding five (5) years;
- (iii) Division of Arkansas State Police Criminal Record check; and
- (iv) Federal Bureau of Investigation criminal background check;
(4)
- (A) General physical and mental health.
(B)
- (i) Members of the household must not have a health condition or disability that would interfere with the family’s ability to parent the child.
- (ii) Each member of the household will have a physical examination by a physician within twelve (12) months prior to the approval of the home study on the prospective resource family, and annually thereafter, though biological and adopted children of provisional resource applicants are exempt from the physical exam requirement.
- (iii) Additional information may be requested based on the results of the physical examination report.
- (iv) The resource parent applicant must also provide the Division of Children and Family Services with the health history of each household member, in addition to the physical exam required for approval.
- (v) This history will include:
- (a) (a) Physical and mental health services;
(b) (b) Treatment received;
(c) (c) A list of currently prescribed medications; and
- (d) (d) Any other medications or other substances currently taken.
(C)
- (i) Resource parents will not engage in the use of illegal substances, abuse alcohol by consuming in excessive amounts, or abuse legal prescription drugs or nonprescription drugs by consuming them in excessive amounts or using them other than as indicated or prescribed.
- (ii) It is recommended that all children who are household members of a resource home be up to date on immunizations consistent with the recommendations of the:
- (a) (a) American Academy of Pediatrics (AAP);
(b) (b) Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention (ACIP); and
(c) (c) American Academy of Family Physicians (AAFP).
(iii) All family members under eighteen (18) years of age in the household shall have proof of current health immunizations, or an exemption (medical, religious, or philosophical) in accordance with the Department of Health.
- (iv) Immunizations against COVID-19 are encouraged for all applicable household members in a resource home but are not required.
(D)
- (i) In addition, all household members who will have contact with infants (children under twelve (12) months) are encouraged to have an up-to-date Tdap vaccination to protect against pertussis (whooping cough) consistent with the recommendations of the ACIP.
- (ii) Finally, all household members who will be caregivers of infants (children under twelve (12) months) and medically vulnerable children are encouraged to have an up-to-date annual influenza vaccine consistent with the recommendations of the ACIP.
- (iii) To determine if a child is considered medically vulnerable to influenza if placed in a resource home whose household members have not received an annual influenza vaccine, Division of Children and Family Services staff will consult with the child’s PCP to make sure the child can safely be placed with that family;
(5)
- (A) Housing.
(B) The Division of Children and Family Services adheres to minimum licensing standards which include, but are not limited to (please refer to PUB 30: Resource Parent Handbook for a full list of standards):
- (i)
- (a) (a) The resource home will be a house, mobile home, housing unit, or apartment occupied by an individual or a family and will be the primary residence of the individual or family.
(b) (b) The location will be zoned for single family use and will have an individual address for emergency response purposes (i.e., 911);
(ii) Resource parents will reside in the same single-family unit with foster children and will not have separate living quarters;
(iii) The resource home, ground, and all structures on the property will be maintained in a clean, safe, and sanitary condition and in a reasonable state of repair within community standards;
- (iv) The resource home will not have signage or advertising related to a supporting recruitment agency, to include signage on vehicles used to transport foster children;
- (v) The resource home interior and exterior will be free from dangerous objects and conditions, and from hazardous materials;
- (vi)
- (a) (a) Space must be adequate to promote health and safety.
(b) (b) Each bedroom should have at least fifty square feet (50 ft2) of space per occupant.
(c) (c) This includes infants sleeping in master bedrooms;
(vii) The resource home will have a heating, ventilating, and air conditioning source, maintained in safe operating condition, that keeps the temperature a minimum of sixty-five degrees (65˚) and a maximum of eighty-five degrees (85˚);
- (viii) The resource home will be free of obvious fire hazards such as defective heating equipment or improperly stored flammable materials;
- (ix) All firearms must be maintained in a secure, locked location, and stored separately from ammunition, which must also be locked;
- (x) The resource home will have proper trash and recycling disposal;
- (xi) The resource home will be free of rodent and insect infestation;
- (xii)
- (a) (a) All water hazards and dangerous pets will be assessed.
(b) (b) Safeguard measures will be implemented, as appropriate;
(xiii) The resource home will be responsible for their own meal planning;
- (xiv)
- (a) (a) Children of opposite sexes will have their own separate bedrooms if either child is four (4) years of age or older, except for a mother in foster care with her child or children.
(b) (b) Resource parents will not cosleep or bed share with a foster child of any age, including infants;
(xv) Water shall be provided by public water system or approved annually by the Department of Health;
(xvi) Prospective resource parents who rent must obtain acknowledgement from their landlord that they plan to become a resource family on landlord’s property if they are approved by the Division of Children and Family Services to be a resource home; and
- (xvii) Prospective resource parents will be responsible for making their own decisions regarding which children to accept into their home, however, they will recognize the priority to maintain sibling groups;
(6)
- (A) Smoking restrictions.
- (B) The Division of Children and Family Services will not place or permit a child in foster care in any resource home if the resource parent smokes or allows anyone else to smoke in the presence of any child in foster care, unless it is in the child’s best interest to be placed in or remain in the resource home.
- (C) This includes the use of e-cigarettes and vaping.
- (D) If the resource parent indicates smoking will not occur in the presence of a child in foster care, then the Division of Children and Family Services will designate the home a “nonsmoking” resource home.
- (E) If a resource parent indicates that smoking will occur in the presence of a child in foster care, the resource home will be designated a “smoking” resource home, and no child may be placed or remain in the resource home unless it is in the child’s best interest to be placed in or remain in the resource home.
- (F) Second-hand smoke is detrimental to a child’s health and, as such, it is generally not in a child’s best interest to be placed in a resource home that permits smoking in the presence of a child in foster care.
- (G) In addition, state law prohibits smoking in a vehicle if a child in the car is under fourteen (14) years of age and under Division of Children and Family Services policy this prohibition to smoking in a vehicle extends to all children in foster care regardless of age of the child in care; and
(7)
- (A) Resources.
- (B) The applicant must have sufficient resources to meet the financial, medical, physical, educational, emotional, and shelter needs of the child, without relying solely on state or federal financial assistance (e.g., SNAP, SSI, SSA, etc.) to meet those needs, although these forms of assistance may be used to supplement a family’s income.
- (C) The Division of Children and Family Services may make some exceptions for applicants depending on the totality of their financial and other circumstances.
- (D) Recent check stubs and the previous year’s income tax return are required to verify income and employment.
- (E) While the foster care board payment may be provided for a child, resource parents must have sufficient personal income to care for a child even without a board payment.
(F) The foster care board payment will not be considered a part of the resource family’s income.
- (c) Background checks.
(1)
(A) In addition to ensuring that homes meet the basic criteria, the Division of Children and Family Services will only place children in approved resource homes where the resource parents and appropriate members of the household have been cleared through a series of background checks:
- (i) The Child Maltreatment Central Registry;
- (ii) A Division of Arkansas State Police criminal record check; and
- (iii) A Federal Bureau of Investigation background check (with the exception that placements may be made in provisional resource homes before Federal Bureau of Investigation results are received).
- (B) Any household member who resides in the home for more than three (3) cumulative months in a calendar year (e.g., an adult biological child of the resource parents who is home for the summer and holiday breaks or a relative who visits for six (6) weeks twice a year) must clear all applicable background checks.
(2) Child Maltreatment Central Registry.
- (A) Resource parents and all other members of the household fourteen (14) years of age and older, excluding children in foster care, must be cleared through the Child Maltreatment Central Registry.
- (B) The Child Maltreatment Central Registry check will be repeated every two (2) years on all appropriate household members.
- (C) If applicable, a Child Maltreatment Central Registry check will also be conducted on each household member fourteen (14) years of age or older in any state of residence in which they have lived for the past five (5) years, and in their state of employment, if different, for reports of child maltreatment.
(3) State police criminal record check.
- (A) Resource parents and all other members of the household eighteen and a half (18 1/2) years of age and older, excluding children in foster care, must be cleared through an Arkansas Division of State Police criminal record check.
- (B) As soon as possible after a household member, excluding children in foster care, reaches his or her eighteenth birthday, the paperwork to request the Division of Arkansas State Police criminal record check must be initiated to ensure results are received by the time that household member reaches eighteen and a half (18 1/2) years of age.
- (C) The Division of Arkansas State Police criminal record check will be repeated every two (2) years on all appropriate household members.
- (D) If a provisional Division of Arkansas State Police criminal record check enters pending status Division of Children and Family Services staff may work with local law enforcement to obtain local verification of criminal record for the individual to expedite placement of the child in the home of the relative or fictive kin.
- (E) The Division of Children and Family Services staff will ensure follow up with the Division of Arkansas State Police criminal record check within two (2) business days of check entering pending status.
(4) Federal Bureau of Investigation criminal background check.
- (A) Resource parents and all members of the resource home who are eighteen and a half (18 1/2) years of age and older, excluding children in foster care, must also clear a Federal Bureau of Investigation fingerprint-based criminal background check.
- (B) As soon as possible, after a household member (excluding children in foster care) reaches his or her eighteenth birthday, the paperwork to request the Federal Bureau of Investigation criminal record check must be initiated to ensure results are received by the time that household member reaches eighteen and a half (18 1/2) years of age.
- (C) The Federal Bureau of Investigation check does not need to be repeated.
- (D) Placement in a provisional resource home may be made prior to receipt of Federal Bureau of Investigation criminal background check results, when in the best interest of the child.
- (E) When placement in a provisional home occurs, the Division of Children and Family Services will ensure that Federal Bureau of Investigation criminal background checks are submitted for processing within five (5) business days.
- (F) Barriers to completion within five (5) business days should be assessed on a case-by-case basis and decisions should be made relevant to the best interests of the youth or youths placed in the provisional resource home.
(5) Traffic violations record check.
(A)
- (i) The Division of Children and Family Services will check the traffic violations record from the Office of Driver Services for each prospective resource parent and other applicable members of the household.
- (ii) This record returns the number of traffic offenses and other violations incurred by the resource applicant, to include the number of points assessed by the Office of Driver Services for convictions of moving traffic violations as per the Arkansas State Vehicle Safety Program (ASVSP).
- (iii) The traffic violations record check will be repeated every two (2) years.
- (iv) To ensure child safety, the Division of Children and Family Services will carefully assess what, if any, safety concerns exist for any applicant or current resource parent accumulating ten (10) or more points on their traffic violation record.
(B)
- (i) A family member with no current valid Arkansas driver’s license will be given twenty (20) days to apply and receive an Arkansas driver’s license.
- (ii) If the resource family member does not wish to obtain an Arkansas license, a written explanation from the applicant is required and a traffic violations record check must be completed in the state of issuance for the currently held license.
- (iii) The applicant is responsible for obtaining and providing the traffic violations record check from the other state.
(C) The requirement for a driver’s license may be waived for provisional applicants if an acceptable plan to transport the children placed in their home to school, court dates, medical appointments, and similar engagements is approved.
- (d) In-home consultation visit.
- (1) The in-home consultation visit allows resource staff to gather initial information on provisional applicants and additional information for traditional applicants that was not provided in the online application.
- (2) The in-home consultation visit will determine if the home meets approval requirements and, if not, what changes are needed to come into compliance.
- (3) Resource home approval requirements include Minimum Licensing Standards for Child Welfare Agencies and Division of Children and Family Services policy requirements for resource homes.
(e) Preservice training.
(1)
- (A) Resource parents must also complete the Division of Children and Family Services-approved preservice training curricula designated for an applicant’s specific service type (i.e., relatives and fictive kin or traditional).
- (B) For traditional resource applicants, preservice training and the Division of Children and Family Services orientation and final walk-through of the home must be completed prior to placement of a child.
(C) Preservice training will include, but is not limited to the following topics:
- (i) Legal rights;
- (ii) Roles, responsibilities, and expectations of resource parents;
- (iii) Agency structure, purpose, policies, and services;
- (iv) Laws and regulations as related to resource homes or foster children;
- (v) The impact of childhood trauma;
- (vi) Managing child behaviors;
- (vii) Medication administration; and
- (viii) The importance of maintaining meaningful connections between the child and parents, including regular visitation.
(2)
- (A) Child Maltreatment Central Registry and Division of Arkansas State Police criminal background checks must be cleared, and the Federal Bureau of Investigation criminal background check must have been submitted before a prospective resource parent can begin preservice training.
- (B) Traditional resource parents must also complete infant, child, and adult CPR and standard first aid training and receive certification in both areas prior to placement of a child in their home.
- (C) Provisional resource parents must complete infant, child, and adult CPR and standard first aid training within six (6) months of the child being placed in their home, though the CPR and standard first aid training is not an element that is required to move from provisional status to fully approved relative foster family home or fictive kin foster family home status.
(3)
- (A) New CPR and first aid training is not required for individuals certified as paramedics and emergency medical technicians (EMTs) if proof of current certification is provided to Division of Children and Family Services staff.
- (B) Current certification in basic life support (BLS) and advanced cardiovascular life support (ACLS) also meet the Minimum Licensing Standard for CPR if proof of current certification is provided to the Division of Children and Family Services staff.
- (C) All other medical professionals (including nurses) must have current CPR certification as outlined above and provide a copy of their current certification to Division of Children and Family Services staff.
- (D) Additional first aid training for nurses and other medical professionals (to include those with ACLS certification) is not required.
- (E) If an applicant with a current BLS certification is a paramedic, EMT, or firefighter, additional first aid training is not required.
- (F) A lay person with BLS certification may have to take a first aid class if current certification in first aid cannot be provided.
(f) Home study.
(1)
- (A) The home study assists in determining if a family is ready, willing, and able to become a suitable and safe placement resource for a child.
- (B) At least two (2) home study visits must be conducted with a resource parent applicant.
- (C) The preference is for both visits to take place in the resource applicant home, but, as needed, it is permissible for one (1) visit to be in the resource applicant home while the other is conducted over a virtual conference platform (e.g., Zoom, Facetime) with the approval of the applicable Division of Children and Family Services Program Manager or designee who oversees home study provider contracts.
- (D) The evaluator will interview each age-appropriate member of the household.
(2)
- (A) The Division of Children and Family Services-approved home study tool evaluates a family’s dynamics including, but not limited to, motivation for wanting to become a resource home, household composition, housing, safety hazards, income and expenses, health, education, childcare arrangements or plans, child rearing practices, daily schedules, social history, family activities, and support systems (for more information, see PUB-30: Resource Parent Handbook).
- (B) By learning more about these areas, the home study assists in ascertaining how members of a family function individually and as a unit, and, subsequently, helps inform the conclusions and recommendation as to whether a family should serve as a resource home.
(3)
- (A) If at any point throughout the home assessment process a prospective resource home is found to be out of compliance with a licensing standard or a Division of Children and Family Services policy, the noncompliance issue must be addressed.
- (B) However, if the Resource Worker determines that the noncompliance issue would not endanger the safety or well-being of children placed in a home, an alternative compliance or Division of Children and Family Services policy waiver may be requested as appropriate, (particularly for relatives and fictive kin).
- (C) An alternative compliance is a request for approval from the Child Welfare Agency Review Board to deviate from a minimum licensing standard.
- (D) A policy waiver is a request to deviate from a Division of Children and Family Services policy or procedure.
- (E) If the individual conducting the home study finds an area of noncompliance, he or she must notify the Resource Worker who should then take the appropriate steps as outlined in Appendix F, to address the noncompliance issue.
(4)
- (A) The successful completion of all home assessment components as outlined above will allow the Division of Children and Family Services to assess the quality and capability of resource homes.
- (B) The home assessment process will also assist prospective resource parents in determining if fostering is appropriate for them and, if so, prepare them for their new role.
(5)
- (A) The home study may be conducted by designated Division of Children and Family Services staff, by staff contracted through the MidSOUTH Training Academy or other contract providers, or by volunteers trained by designated Division of Children and Family Services staff.
- (B) The evaluator will complete the division-approved home study in accordance with established protocols.
(g) Final walkthrough of the home and orientation.
- (1) Prior to approving an open resource home, Division of Children and Family Services staff will conduct a final walk-through of the home to ensure all resource home requirements have been met, and to review what to expect in the immediate future regarding a first placement.
(2) This will include the Division of Children and Family Services and the resource parents signing the initial resource agreement, which provides a summary of the following information:
- (A) Expectations and responsibilities of the Division of Children and Family Services, the staff, and the resource parents;
- (B) Services to be provided;
- (C) Financial arrangements for the children placed in the home;
- (D) Authority that the resource parents can exercise for the children placed in their home;
- (E) Actions that require Division of Children and Family Services authorization;
- (F) Legal responsibility for damage or risk resulting from children in their home;
- (G) Division of Children and Family Services process and procedures for investigating complaints; and
- (H) Division of Children and Family Services procedure for giving advance notice of termination of a placement except for documented emergencies.
Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "06/2022"