1. (a)

   1. (1) If the true determination is upheld by the administrative hearing, the resource home may remain open for any of the children currently placed in the home if it can be shown that it is in the best interest of the child or children to remain in the home.
   2. (2) This will be done on an individual basis for each child.

2. (b) The FSW will:

   1. (1)

      1. (A) Arrange and hold a staffing with the FSW Supervisor, Resource Worker, and Resource Worker Supervisor within two (2) business days of the administrative hearing to determine on a case-by-case basis if it is in the best interest of the child or children to remain in that resource home, if applicable.
      2. (B) If the results of the staffing determine that it is appropriate to allow the child or children involved in the allegation to remain in the home, reassess the corrective action plan for the resource home and adjust accordingly if necessary.
      3. (C)

3. (i) If the staffing determines that any child or children still in the resource home must be removed, remove the child or children from the home.

   1. (ii) If the child or children must be removed, refer to 9 CAR § 40-827, changes to out-of-home placement, and related procedures regarding notifications of the placement move.

      1. (iii) Staff are highly encouraged to update the child’s strengths and needs assessment during this staffing or once the child or children moves into a new placement, if applicable;
   2. (2) Conference with the FSW Supervisor, Resource Worker, and Resource Worker Supervisor regarding at what point the resource home will be closed;
   3. (3) Provide the Resource Worker with any needed or requested information for an alternative compliance or policy waiver request, if applicable;
   4. (4) Update contacts in the Division of Children and Family Services’ information management system as needed; and

   5. (5) If at any point the policy waiver or alternative compliance request is denied:

      1. (A) Conference with the FSW Supervisor;
      2. (B) Remove the child or children in care from the resource home; and

      3. (C) Refer to 9 CAR § 40-827, changes to out-of-home placement, and related procedures regarding notifications of the placement move.

         1. (c) The Area Director or designee will:
   6. (1) Participate upon request in the staffing to determine on a case-by-case basis if it is in the best interest of the children to remain in that resource home, if applicable;
   7. (2) Submit the recommendation from the staffing to the Assistant Director of Field Operations or designee for final approval;
   8. (3) Review any received policy waiver or alternative compliance request or requests and supporting materials for resource homes for which a true finding has been upheld and the child or children will remain in that home due to it being in the best interest of the child or children;
   9. (4) Grant or deny approval for policy waiver or alternative compliance request or requests as appropriate; and

   10. (5) If approved, forward the request or requests to the Director of the Division of Children and Family Services or designee for approval.

       1. (d) The Resource Worker will:
   11. (1) Complete any necessary documents for requesting that the resource home be granted an alternative compliance or policy waiver (see Appendix F: Alternative Compliance and Policy Waiver Protocol for more information), if needed, to allow the resource home to remain open for the child or children involved in the report because it is in their best interest to remain in that home;
   12. (2) Complete CFS-475-F: True Reports of Child Maltreatment Against Resource Family Members and file it in the provider record;
   13. (3) Forward all applicable case information for the alternative compliance or policy waiver request, including investigative outcomes, strengths and needs assessment, and the corrective action plan for the resource home, to the Resource Worker Supervisor for review;

   14. (4)

       1. (A) Inform the FSW and FSW Supervisor of the outcome of the alternative compliance and/or policy waiver request.

       2. (B)

          1. (i) Close any resource home that is denied a policy waiver or alternative compliance approval at any point during the request review and document in the division’s information management system that the home is closed.
          2. (ii) Provide the reason for closure in the division’s information management system.
       3. (C) Update contacts in the division’s information management system regarding the results of any alternative compliance or policy waiver request and as otherwise necessary; and

   15. (5)

       1. (A) Complete CFS-475-G: Checklist for Resource Home Closure, as applicable, and file the form in the provider record.
       2. (B) Complete all other required steps to close a resource home.

4. (e) The Resource Worker Supervisor will:

   1. (1) Review any alternative compliance or policy waiver requests and supporting documentation, if applicable; and
   2. (2) Forward any alternative compliance or policy waiver requests and supporting documentation, if applicable, to the Area Director.
5. (f) The Assistant Director of Field Operations will notify the Director of the Division of Children and Family Services or designee of the decision regarding placement of the children and availability status of the resource home.

6. (g) The Director of the Division of Children and Family Services or designee will:

   1. (1) Review any received policy waiver or alternative compliance request or requests and supporting materials;
   2. (2) Grant or deny approval for policy waiver or alternative compliance request or requests as appropriate; and
   3. (3) If approved, forward any alternative compliance request or requests to the Placement and Residential Licensing Unit (PRLU) Administrator and staff.

7. (h) The Placement and Residential Licensing Unit (PRLU) Administrator or designee will:

   1. (1) Review the request for an alternative compliance; and
   2. (2) Place the request on the agenda of the next scheduled meeting of the Child Welfare Agency Review Board.

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