1. (a) Overview.

   1. (1)

      1. (A) All child maltreatment allegations concerning any person in a resource home will be investigated in accordance with Arkansas Code § 12-18-602 of the Child Maltreatment Act, Arkansas Code § 12-18-601 et seq.
      2. (B) As with all children whose interest becomes the concern of the Division of Children and Family Services, the safety and welfare of all children in foster care will be paramount.

   2. (2)

      1. (A) If any child in foster care is the subject (alleged offender or alleged victim) of an allegation of child maltreatment, the Child Abuse Hotline will notify the appropriate Division of Children and Family Services and the Crimes Against Children Division executive staff as well as the Area Director for the Division of Children and Family Services service area in which the foster home named in the report is located.
      2. (B) The Division of Children and Family Services Area Director will then ensure that the appropriate Division of Children and Family Services staff notify the child’s family, the primary and secondary Family Service Worker (FSW) for the child, as applicable, the Office of Chief Council attorney, the child’s CASA, if applicable, and the child’s attorney ad litem.
      3. (C) The attorneys ad litem for any other children placed in the home will be notified as well.
   3. (3) If there is an allegation of child maltreatment in which a child in foster care is named as the alleged offender, see 9 CAR § 40-313(i), investigation of child maltreatment reports under “Legal representation for child in foster care named as an alleged offender”, for more information.
   4. (4) The Crimes Against Children Division will conduct all child maltreatment investigations (Priority I and II) involving a resource parent or household member of a resource home excluding reports that meet differential response criteria involving a child in foster care that allegedly occurred prior to the child entering foster care.

   5. (5)

      1. (A) However, when any household member of a resource home, to include resource parents, biological and adopted children of the resource parents, and children in foster care placed in the home, is the subject of a child maltreatment allegation, Division of Children and Family Services staff will also conduct an individualized evaluation to assess the safety of the child within twenty-four (24) hours of the receipt of the report to determine if the child can safely remain in the home during the course of the investigation.
      2. (B) Division of Children and Family Services staff will try to coordinate this visit to the home to assess safety with Crimes Against Children Division staff.

   6. (6)

      1. (A) If a safety threat is identified in the resource home, staff will review the Division of Children and Family Services’ approved safety assessment for resource providers in consultation with a Division of Children and Family Services supervisor and make a determination regarding whether the child will be moved to another approved placement or an immediate safety plan can be developed to mitigate the safety threat.
      2. (B) If no safety threat is identified but there are other concerns to be addressed related to the resource home or any household members, a corrective action plan may be put in place to allow the child in foster care to remain safely in the resource home.
      3. (C) A corrective action plan is designed to ensure the safety and well-being of the child in the home as long as the concern is not an act or omission rising to the level of a safety threat.
      4. (D) All relevant information will be reviewed to make a decision regarding the implementation of an immediate safety plan or corrective action plan for the resource home.
      5. (E) This includes, but is not limited to:

2. (i) The characteristics and history of the child in foster care;

   1. (ii) Best interest of the child in foster care;

      1. (iii) The characteristics and history of the resource parents and their own children (if any);

         1. (iv) The nature of the allegation;
         2. (v) Information collected during the investigation; and
         3. (vi) The services, supports, or monitoring that will be put in place during the investigation.

   2. (7)

      1. (A) The appropriate Assistant Director or designee must approve all immediate safety plans and corrective action plans for resource homes prior to Division of Children and Family Services staff leaving the home in which the immediate safety plan or corrective action plan will be implemented.
      2. (B) If the safety and welfare standards of the Division of Children and Family Services cannot be met and the child cannot safely remain in the home, the child in care will be moved to another approved placement.

   3. (8)

      1. (A) If after the initial safety evaluation conducted by Division of Children and Family Services staff it is determined that there are no risk factors or safety threats present, then neither an immediate safety plan nor a corrective action plan is required while the investigation is being completed.
      2. (B) In these situations, the Area Director may approve leaving the child in the home if it is in the best interest of the child.
      3. (C) The Area Director will notify the appropriate Assistant Director or designee when a child is left in a resource home with a pending investigation but for which neither an immediate safety plan nor a corrective action plan was necessary.

   4. (9)

      1. (A) While any resource home is being investigated because of a child maltreatment allegation, no additional children in foster care may be placed there, regardless of whether an immediate safety plan or corrective action plan was required.
      2. (B) As such, the resource home will be placed on unavailable status in the Division of Children and Family Services’ information management system.

3. (b) Actions for unsubstantiated maltreatment reports involving a child in foster care.

   1. (1) If the child maltreatment report is unsubstantiated, consideration will be given to:

      1. (A) Ending the corrective action plan for the foster home, if applicable;
      2. (B) Returning any children who may have been removed from the foster home as a result of the allegation; and
      3. (C) Removing the foster home from unavailable status back to available status in CHRIS.

   2. (2)

      1. (A) All unsubstantiated reports involving foster homes must be reviewed by the Resource Family Review Committee to discuss lifting the corrective action plan, the placement of the child or children involved, and the availability of the foster home.
      2. (B) Even if a child maltreatment report involving a foster home is unsubstantiated, the Division of Children and Family Services retains the right to continue to leave the home on unavailable status or to close the foster home, as appropriate.
      3. (C) Decisions will be made on a case-by-case basis and will be based on the best interest of the child or children.

   3. (3) The committee meets biweekly but additional meetings may be called on an as needed basis.

      1. (c) Actions for true maltreatment reports involving a child in foster care pending due process.

   4. (1) If the child maltreatment report is determined to be true, the corrective action plan for the foster home, if applicable, as well as the overall health and safety of the children will be reevaluated immediately but no later than twenty-four (24) hours from the time the investigative determination is made if the child or children:

      1. (A) Had remained in the home during the course of the investigation; and
      2. (B) Will continue to remain in the home until due process has been met.
   5. (2) If the child and children were allowed to remain in the home during the course of the investigation (with or without a corrective action plan) and must then be removed from the foster home based upon the true determination while due process is pending, all appropriate parties and stakeholders will be notified of the placement change as outlined in 9 CAR § 40-827, changes in out-of-home placement, and related procedures.

   6. (3)

      1. (A) Regardless of whether the child or children remain in the home with or without a corrective action plan in place or are removed from the home, the foster home will remain on unavailable status until due process has been satisfied and the home’s availability status is reassessed at that point in time by local staff.
      2. (B) Local staff will submit a recommendation regarding the foster home’s availability status to the committee.

   7. (4)

      1. (A) A staffing, to include the appropriate Division of Children and Family Services Area Director or Directors or designee or designees will be held within three (3) business days of the true determination so that all parties to the case and any other appropriate stakeholders may have input regarding the corrective action plan, if applicable, and/or the placement of the child or children.
      2. (B) The Area Director or Directors or designee or designees may participate by phone.

   8. (5)

      1. (A) If the child or children will be left in a home with a true determination while due process is pending, the Division of Children and Family Services Assistant Director of Field Operations or designee will be notified.
      2. (B) The Division of Children and Family Services Assistant Director of Field Operations or designee will notify the Director of the Division of Children and Family Services of the decision.

      3. (C) The Division of Children and Family Services Assistant Director of Field Operations or designee will inform local staff if any changes to the corrective action plan, if applicable, and/or placement of the child or children are needed.

         1. (d) Actions for true maltreatment reports involving a child in foster care upon satisfaction of due process.

   9. (1)

      1. (A) If the foster home is still open and the child or children still remains in the home, then upon satisfaction of due process, regardless of the result of the administrative hearing (if applicable), the safety and well-being of each child who is in the home will be reassessed at a staffing.
      2. (B) This staffing will include the appropriate Division of Children and Family Services Area Director or Directors or designee or designees held within three (3) business days of the administrative hearing.
      3. (C) The Area Director or Directors may participate by phone.

   10. (2)

       1. (A) This staffing will allow all parties to the case and any other appropriate stakeholders to have input regarding the reassessment and the placement of the child or children as applicable.
       2. (B) Decisions will be made on a case-by-case basis and will ensure the best interest of the child or children.
       3. (C) The recommendation or recommendations from this staffing will be submitted to the Assistant Director of Field Operations for final approval.
       4. (D) The Division of Children and Family Services Assistant Director of Field Operations will then notify the Division of Children and Family Services Director.

   11. (3)

       1. (A) If it can be shown that it is in the best interest of any child to remain in the home, an alternative compliance or policy waiver may be requested if needed (due to a true finding that is upheld) to allow the foster home to remain open to care for the child or children.
       2. (B) The Director of the Division of Children and Family Services or designee must approve any alternative compliance or policy waiver needed to allow a foster home to remain open when a true finding is upheld.

   12. (4)

       1. (A) For any foster home that has a true finding upheld at the administrative hearing, that home will remain on unavailable status if the child or children involved in the report are allowed to remain in the home because it is in the child or children’s best interest to do so.
       2. (B) The foster home will then be closed once the child or children who was or were allowed to stay in the home due to it being in the child’s or children’s best interest, exits foster care or otherwise achieves permanency.

   13. (5)

       1. (A) For foster homes that remain open following a true determination that the foster family either chose not to appeal or had a true determination overturned, that foster home will be reevaluated by the FSW Resource Worker with input from the FSW Caseworker, FSW Casework Supervisor, Resource Worker Supervisor, and County Supervisor.
       2. (B) The reevaluation will also determine what may be necessary (e.g., additional training, revisions to the characteristics of children allowed to be placed in the home, etc.) to ensure the health and safety of any and all children placed in the home.

   14. (6)

       1. (A) Based on the results of the reevaluation, if the recommendation is to place the foster home back on available status, that request will be submitted to the committee.
       2. (B) The recommendation will also include what may be necessary (e.g., additional training, revisions to the characteristics of children allowed to be placed in the home, etc.) to ensure the health and safety of any and all children placed in the home.
   15. (7) The Division of Children and Family Services retains the right to continue to leave the foster home on unavailable status or to close the foster home, as appropriate.

   16. (8)

       1. (A) If the foster home had been closed at some point during the process and requests to reopen due to a determination being overturned on appeal, the FSW Resource Worker will collaborate with other applicable local staff to determine if local staff members think it is an appropriate request for the home to be reopened.
       2. (B) If local staff decide to pursue reopening a foster home, a request will be submitted to the committee.
   17. (9) After the completion of an investigation (once due process is satisfied) involving a foster home in which a child in foster care is the alleged victim or the alleged offender, the child’s Child and Adolescent Needs and Strengths (CANS) assessment will be updated.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "02/2025"