- (a) When any initial report of child maltreatment is made and concerns any person in a resource home, the Crimes Against Children Division investigator will begin an investigation within twenty-four (24) hours for Priority I allegations or within seventy-two (72) hours for Priority II allegations.
(b) The assigned Division of Children and Family Services staff will then:
(1)
- (A) Within twenty-four (24) hours, assess the safety and risk of the child victim and any other children in the resource home and determine if the child or children in care can remain in the home with the implementation of a corrective action plan for the resource home on an individual, case-by-case basis.
- (B) This includes determining the placement structure that best meets all the needs of the children and all members of the resource home.
- (C) For example:
(i) The alleged victim child in care may be removed from the home;
(ii) The alleged offender child may be removed from the home; or
- (iii) Any of the children in care who are neither an alleged offender nor an alleged victim may be removed or remain in the home based on an individual, case-by-case determination of what is in their best interest and welfare;
(2) If a corrective action plan for the resource home is implemented:
- (A) Develop the corrective action plan for the resource home with the resource parents and child or children in the home, as age and developmentally appropriate, review it, and answer any questions the participants may have;
- (B) Utilizing the appropriate chain of command, notify the appropriate Assistant Director or designee of the corrective action plan via phone prior to leaving the home; and
(C) If the corrective action plan is approved by the appropriate Assistant Director or designee:
- (i) Leave a copy of the corrective action plan with the resource parents;
- (ii) File the corrective action plan for the resource home in the provider record;
- (iii) Document the corrective action plan for the resource home and reasons behind the implementation of the plan in contacts in the Division of Children and Family Services’ information management system;
- (iv) Inform other parties to the case of the corrective action plan for the resource home immediately but no later than the next business day via email or text; and
- (v)
- (a) (a) Visit the home at least weekly to meet with the children and resource parents while the corrective action plan for the resource home is in place.
(b) (b) During the home visit, meet individually with resource parents and children in care, if age appropriate, to assess the corrective action plan for the resource home, the continued well-being of the children, and to determine any adjustments that may need to be made;
- (3) If the child or children must be removed, which includes removal because the appropriate Assistant Director or designee does not approve the corrective action plan by phone, refer to 9 CAR § 40-827, changes to out-of-home placement, and related procedures regarding notifications of the placement move;
- (4) Provide a briefing of the safety assessment within twenty-four (24) hours of conducting the safety assessment by emailing the completed CFS-329: Child in Foster Care Maltreatment Disclosure Case Briefing Summary to the division Assistant Director of Field Operations or designee, the Assistant Director of Prevention and Reunification, and the Child Protective Services (CPS) Manager;
(5)
- (A) Notify immediately, but no later than five (5) business days, the child’s or children’s custodial/noncustodial parent’s or parents’ attorney ad litem and Office of Chief Counsel attorney whenever the child is the victim or offender named in an allegation of child maltreatment.
(B) Notify via email, text, and/or with the following forms:
- (i) CFS-204-A: Notice of Child Maltreatment Allegation to Legal Parent(s), Legal Guardian(s) and Current Resource Parent(s) of Alleged Offender in Foster Care;
- (ii) CFS-205-A: Notice of Child Maltreatment Allegation to Legal Parent(s), Legal Guardian(s), and Current Resource Parent(s) of Alleged Victim(s) in Foster Care;
- (iii) CFS-208-A: Notice of Child Maltreatment Allegation to Attorney Ad Litem and CASA of Alleged Offender; and
- (iv) CFS-206-A: Notice of Child Maltreatment Allegation to Attorney Ad Litem, CASA, and Counsel in Dependency Neglect or FINS Case of Alleged Victim(s); and
(6) Notify attorneys ad litem for all children placed in the same out-of-home placement but not named as victims in the report via email, text, or the CFS-209-A: Notice of Child Maltreatment Allegation to AAL or CASA of Child in Resource Home Where Maltreatment Is Reported or Where an Alleged Juvenile Offender or Underaged Juvenile Offender is Placed immediately, but no later than five (5) business days.
- (c) The Area Director or designee will:
- (1) Ensure the appropriate division field staff are notified (examples include, but are not limited to, notifying County Supervisor or Supervisors, FSW Unit Supervisor or Supervisors, and primary and secondary FSWs for the child or children) of the allegation so that these staff can then notify the child’s or children’s family, the Office of Chief Counsel attorney, the child’s or children’s CASA, if applicable, and the child’s or children’s attorney or attorneys ad litem of the allegation;
- (2) Notify the Resource Worker and Resource Worker Supervisor of the maltreatment allegation so that the Resource Worker may place the home on unavailable status in the Division of Children and Family Services’ information management system; and
(3) Conference with FSW Supervisor as needed.
- (d) The FSW Supervisor will:
- (1) Conference with the FSW as needed; and
- (2) Notify the Area Director of the initial response outcomes.
(e) The Resource Worker will:
- (1) At the direction of the Area Director or designee, classify the home under investigation as “unavailable” in the Division of Children and Family Services’ information management system immediately but no later than the next business day, so that no additional children may be placed in that home until the resolution of the investigation; and
- (2) Assist with the monitoring of the corrective action plan for the resource home as appropriate.
(f) The Assistant Director of Field Operations or designee will:
- (1) Notify the Director of the Division of Children and Family Services when a child is left in a resource home in which a member of the resource household has been named as an alleged offender and a corrective action plan has been implemented to allow the child to stay in the home in order to ensure the child’s best interest;
- (2) Review the CFS-329: Child in Foster Care Maltreatment Disclosure Case Briefing Summary;
- (3) Conference with field staff as necessary; and
- (4) Share the CFS-329: Child in Foster Care Maltreatment Disclosure Case Briefing Summary with the Assistant Director of Placement Supports and Community Outreach and the Foster Care Manager as appropriate.
Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "02/2025"