1. (a)

   1. (1) Alternate care for children in out-of-home placement may be used to assist resource parents when circumstances requiring supervision by an appropriate adult other than the resource parents exist.
   2. (2) The Division of Children and Family Services also promotes the use of certain types of alternate care (e.g., normal age appropriate activities, interaction with a resource family support system) among children and youth to foster normalcy in the lives of children and youth in out-of-home placements.

2. (b) There are five (5) categories of alternate care:

   1. (1) Normal age-appropriate activities.

      1. (A)

3. (i) Children in all out-of-home placement types will be encouraged to participate in extracurricular, enrichment, cultural, or social activities that are age-appropriate and developmentally appropriate for a child.

   1. (ii) Age and developmentally appropriate activities are those that are generally accepted as suitable for children of the same chronological age and that are determined to be developmentally appropriate for a child, based his or her cognitive, emotional, physical, and behavioral capacities.

      1. (iii) Examples of normal age-appropriate and developmentally appropriate activities include, but are not limited to:
4. (a) (a) Overnight visits with friends;

5. (b) (b) School field trips;

   1. (c) (c) School sports or other sport leagues;

      1. (d) (d) Faith-based activities; and

6. (e) (e) Short-term summer camps.

   1. (B)

      1. (i) Resource parents, contract placement providers, and any private provider with whom the Division of Children and Family Services maintains a memorandum of understanding (MOU) will uphold the reasonable and prudent parent standard in regard to children participating in age-appropriate and developmentally appropriate activities.

         1. (ii) The reasonable and prudent parent standard requires resource parents and other out-of-home placement providers to exercise careful and sensible consideration when determining whether an activity for a particular child will not only encourage the emotional and developmental growth of the child, but also maintain the health, safety, and best interests of the child.

      2. (C) The resource family or authorized official of a contract placement provider will use the reasonable and prudent parent standard in determining whether to give permission for a child living in an out-of-home placement to participate in extracurricular, enrichment, cultural, or social normal age-appropriate activities by considering:

         1. (i) The child’s chronological age, maturity level, physical and behavioral capacities, and cognitive and emotional developmental levels;
         2. (ii) The potential risk factors and the appropriateness of the activity;
         3. (iii) The best interest of the child, based on information known by the caregiver;
         4. (iv) The importance of encouraging the child’s emotional and developmental growth;
         5. (v) The importance of providing the child with the most family-like living experience possible; and
         6. (vi) The behavioral history of the child and the child’s ability to safely participate in the proposed activity.

      3. (D)

         1. (i) Resource parents are responsible for monitoring extra-curricular activities to ensure a foster child does not become overwhelmed with too many activities.
         2. (ii) Children must have ample time in the resource home for:
7. (a) (a) Relaxation;

8. (b) (b) Completion of daily household activities;

   1. (c) (c) Completion of homework; and

      1. (d) (d) Bonding with the resource family.
      2. (E) All contract placement providers as well as any private provider with whom the Division of Children and Family Services maintains an MOU will establish an on-site official who is authorized to apply the reasonable and prudent parent standard to ensure appropriate caregiver liability when approving an activity for a child in an out-of-home placement.

      3. (F)

         1. (i) A caregiver is not liable for harm caused to a child who participates in an activity approved by the caregiver, provided the caregiver has acted in accordance with the reasonable and prudent parent standard.
         2. (ii) This subdivision (b)(1)(F) may not be interpreted as removing or limiting any existing liability protection afforded by law.

      4. (G)

         1. (i) The Division of Children and Family Services will provide information and skill-based training to resource parents, contract placement providers, and private providers with whom the Division of Children and Family Services maintains an MOU regarding how to apply the reasonable and prudent parent standard for the participation of a child in age-appropriate and developmentally appropriate activities.
         2. (ii) This training will include sharing knowledge and skill-based applications relating to the developmental stages of the cognitive, emotional, physical, and behavioral capacities of a child.
      5. (H) Resource parents, contract placement providers, and private providers will notify the child’s FSW if the child will spend more than twenty-four (24) continuous hours outside the approved placement when participating in said activities;

   2. (2) Child care.

      1. (A)

         1. (i) Child care may be routinely provided as a part of an out-of-home placement case.
         2. (ii) Childcare providers must be on the voucher system and licensed by the Division of Child Care and Early Childhood Education or on the Voluntary Child Care Registry.
         3. (iii) Every attempt should be made to place children in care in a quality childcare setting.

      2. (B)

         1. (i) Child care for children may also be provided as a part of an out-of-home placement case to provide assistance to foster parents for nonroutine circumstances that relate to the retention or support of the resource home such as resource parent training.
         2. (ii) Child care provided for such purposes may be reimbursed by the Division of Children and Family Services;

   3. (3) Babysitting.

      1. (A) Babysitters may be used to provide occasional care for children in the resource home for no more than eight (8) continuous hours at one (1) time.
      2. (B) Resource parents will exercise careful consideration when evaluating the character and competence of any individual asked to babysit.
      3. (C) Resource parents may reimburse the babysitter if they choose to do so.
      4. (D) The Division of Children and Family Services will not reimburse for babysitting services.
      5. (E) Babysitters will not transport children.
      6. (F) Background checks are not required;

   4. (4) Resource family support system.

      1. (A)

         1. (i) The resource family support system (RFSS) may be comprised of up to three (3) other households identified by the resource family.
         2. (ii) RFSS members may provide care for children when the resource parent is unable to do so on anticipated or unanticipated events.

      2. (B)

         1. (i) Resource parents will exercise careful consideration when evaluating the character and competence of any household asked to serve as an RFSS member.
         2. (ii) RFSS members must be at least twenty-one (21) years of age.
         3. (iii) There is not a standard maximum age limit for RFSS members, but RFSS members must be physically, mentally, and emotionally capable of caring for children for up to seventy-two (72) hours.
         4. (iv) Adoptive parents may not be RFSS members unless they are related to the resource parent (i.e., parent or sibling to the resource parent).
         5. (v) Resource parents may reimburse an RFSS member if they choose to do so.
         6. (vi) The Division of Children and Family Services will not reimburse RFSS members.

      3. (C)

         1. (i) Members of a resource family support system may transport children and care for children in the resource home or in the home of the RFSS member.
         2. (ii) However, an RFSS member will not provide care for more than seventy-two (72) continuous hours at one (1) time regardless of the location in which care is provided or regardless of which RFSS member is providing care.
         3. (iii) However, for extenuating circumstances only, the Area Director may approve for a child to stay with an RFSS member for more than seventy-two (72) hours, but no more than seven (7) days.
         4. (iv) To go beyond the seventy-two-hour timeframe requirement, a written request must be submitted to the Area Director explaining the reasons for the extension request.
         5. (v) The Area Director must approve or deny the request in writing.
         6. (vi) The FSW will be notified when an RFSS member will provide care for more than twenty-four (24) continuous hours.
         7. (vii) RFSS members taking children out-of-state for overnight trips are prohibited.

      4. (D)

         1. (i) The resource family support system will not be used in place of respite care or as an out-of-home placement.
         2. (ii) The number of children placed in an RFSS member household must meet all minimum licensing and the Division of Children and Family Services policy requirements.

      5. (E)

         1. (i) All prospective RFSS members must be cleared through the Child Maltreatment Central Registry and a Division of Arkansas State Police criminal record check.
         2. (ii) The Division of Children and Family Services will request any other state where the prospective RFSS member has resided in the preceding five (5) years to check its child abuse and neglect registry.
         3. (iii) The Division of Children and Family Services will provide documentation in the case record that the Child Maltreatment Central Registry and Division of Arkansas State Police Criminal Record Checks were received on the prospective RFSS member.

      6. (F)

         1. (i) The Division of Children and Family Services will check the traffic violations record for each potential RFSS member.
         2. (ii) The Arkansas State Vehicle Safety Program sets the maximum number of traffic violation points an RFSS member resource parent may be allowed.
      7. (G) Proposed RFSS members’ background checks will be processed once the primary resource home with which the RFSS members are associated is approved and opened.
      8. (H) Documentation of at least one (1) visual inspection of the home for evaluation purposes is required of all prospective RFSS members; and

   5. (5) Respite care.

      1. (A) When a Resource Family Support System member is not available to provide needed care on a short-term basis, respite care may be utilized in order to temporarily relieve the foster family of the ongoing responsibilities and stresses of care.

      2. (B) There are two (2) types of respite care:

         1. (i)
9. (a) (a) Informal respite.

10. (b) (b) An approved Division of Children and Family Services resource home that can provide temporary care when the resource family support system is unable to assist or for situations in which children will be outside of the resource home for more than seventy-two (72) continuous hours.

    1. (c) (c) An informal respite home may provide care for no more than seven (7) continuous days at one (1) time.

       1. (d) (d) Periods of respite care in an informal respite home lasting longer than seven (7) consecutive days require approval from the Area Director or designee.
11. (e) (e) If an Area Director approved extension exceeds fourteen (14) continuous days, the regular resource parents’ board payment will be affected.
12. (f) (f) If the child has stayed in any combination of RFSS or informal respite homes (i.e., outside of the regular resource home placement, the total amount of days within those alternate care types cannot exceed fourteen (14) consecutive days as board payment may be affected).
13. (g) (g) A stay in an informal respite home must be documented in the Division of Children and Family Services information system, but not as a separate/new placement.

14. (h) (h) The number of children placed in an informal respite home must meet all minimum licensing and Division of Children and Family Services policy requirements.

    1. (i) (i) Resource parents may reimburse an informal respite provider if they choose to do so.
15. (j) (j) The Division of Children and Family Services will not reimburse an informal respite provider.

16. (k) (k) The number of children placed in an informal respite home must meet all Minimum Licensing and the Division of Children and Family Services requirements; and

    1. (ii)
17. (a) (a) Formal respite.

18. (b) (b) A Division of Children and Family Services contract provider who supplies short-term respite care particularly when a child’s current placement is at risk of disruption or respite is needed to prevent a residential, acute psychiatric, or similar placement.

    1. (c) (c) Formal respite care should be provided in accordance with a family-driven, youth-guided respite plan and in coordination with a child’s behavioral health treatment plan (if applicable).

       1. (d) (d) Formal respite care will be provided for no more than seven (7) days per three-month period.
19. (e) (e) A stay with a formal respite care provider must be documented in the Division of Children and Family Services information system, but not as a separate/new placement, provided it does not exceed the more than seven (7) days per three-month period.
20. (f) (f) Longer periods of formal respite care require approval from the Area Director.
21. (g) (g) If an approved extension exceeds fourteen (14) consecutive days, the regular foster parents’ board payment will be affected.
22. (h) (h) If the child has stayed in any combination of RFSS or informal respite homes before a formal respite stay, the total amount of days within those alternate care types (i.e., outside the regular resource home placement) cannot exceed fourteen (14) consecutive days as board payment may be affected.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "06/2022"