1. (a)

   1. (1) If a report of neglect under the Arkansas Code § 12-18-103(14)(B)(i)(a) or Arkansas Code § 12-18-103(14)(B)(i)(b) (herein after referred to as a Garrett’s Law report) is made to the Division of Arkansas State Police Child Abuse Hotline, the mother has the option to fast track the adoption of her newborn.
   2. (2) As used in this procedure, “newborn” means an infant who is thirty (30) days of age or younger.

   3. (3) The ability of the newborn’s mother to fast track the adoption under Garrett’s Law means the mother has the option to place the newborn for:

      1. (A) Adoption through a licensed child placement agency under the Child Welfare Agency Licensing Act, Arkansas Code § 9-28-401 et seq.; or
      2. (B) A private adoption through a person licensed to practice medicine or law.

2. (b)

   1. (1) A fast track adoption under Garrett’s Law may occur for newborns not in the custody of the Division of Children and Family Services and for those newborns who are already in Division of Children and Family Services custody.
   2. (2) Each scenario is described below.

3. (c) Fast track adoption under Garrett’s Law for a newborn not in Division of Children and Family Services custody.

   1. (1)

      1. (A) If the mother elects to perform subdivision (a)(3)(A) of this section or subdivision (a)(3)(B) of this section, above, during the course of a child maltreatment investigation, the Division of Children and Family Services will consult with the Office of Chief Counsel immediately.
      2. (B) The Division of Children and Family Services will not take a hold of the newborn before consulting with the Office of Chief Counsel.
   2. (2) If a hold is not taken on the newborn and the mother carries out subdivision (a)(3)(A) of this section or subdivision (a)(3)(B) of this section, above, the Division of Children and Family Services is not required to make a home visit to the selected adoptive home since it is not considered a Division of Children and Family Services adoptive home and also because the newborn is not in Division of Children and Family Services custody.
   3. (3) The home visit is performed by the licensed child placement agency facilitating the adoption or overseen by the person licensed to practice medicine or law who is facilitating the adoption.

   4. (4)

      1. (A) Similarly, if the mother elects to perform subdivision (a)(3)(A) of this section or subdivision (a)(3)(B) of this section, above, during the course of a child maltreatment investigation, the Division of Children and Family Services is not required to conduct a home visit at the biological mother’s residence unless there are siblings or other children under the care of the mother living in the home whose safety must be assessed.
      2. (B) The Division of Children and Family Services will consult with Office of Chief Counsel in this regard to verify the need, or lack thereof, for a home visit to the biological mother’s home when a fast track adoption of a newborn involved in a Garrett’s Law referral is in process.
      3. (C) The Division of Children and Family Services and the Office of Chief Counsel will also confer each business day until the fast track adoption has finalized to monitor whether the mother withdraws her consent to the adoption.
      4. (D) If the mother withdraws her consent to the adoption, the Department of Human Services will initiate an action to ensure the protection of the child, including without limitation taking the child into custody if custody is warranted to protect the health and safety of the child.

4. (d) Fast track adoption under Garrett’s Law for a newborn in the Division of Children and Family Services custody.

   1. (1) If the Division of Children and Family Services takes custody of the newborn as the result of the Garrett’s Law investigation, the mother still has the option for a fast track adoption to place the newborn for:

      1. (A) Adoption through a licensed child placement agency under the Child Welfare Agency Licensing Act; or
      2. (B) A private adoption with a person licensed to practice medicine or law.

   2. (2)

      1. (A) However, if the proposed adoptive family, to include a relative family, has not completed the adoptive home study process, including the required criminal background checks, the Division of Children and Family Services will place the newborn in a resource home that is licensed and approved under the Child Welfare Agency Licensing Act.
      2. (B) The newborn will remain in a licensed or approved resource home or in the custody of the department until the required home study and criminal background checks are completed on the proposed adoptive parents.
      3. (C) In addition, if the newborn is in the custody of the department:

5. (i) An order transferring custody to the proposed adoptive parents is required before the newborn is placed in the home of the proposed adoptive parents;

   1. (ii) Any petition for adoption shall be filed in the open dependency-neglect case; and

      1. (iii) The adoption shall be granted only if the proposed adoptive placement is in the best interests of the newborn.

   2. (3) An adoption by a relative of the newborn shall be denied unless:

      1. (A) The proposed relative adoptive parents have an approved home study, or the Division of Children and Family Services approves the adoption (under state law on adoption, child welfare agency licensing laws and regulations, and department policy and procedures);
      2. (B) The court determines the proposed relative adoptive parents have the capacity and willingness to abide by orders regarding care, supervision, and custody (so that child protection will not be an issue if the adoption is granted); or
      3. (C) The court enters an order describing the level of contact, if any, that is permitted between the birth parent and the proposed relative adoptive parents and the consequences for violation of the order.
   3. (4) If the Division of Children and Family Services is the licensed child placement agency selected by the mother to facilitate the adoption of her newborn that has already entered the Division of Children and Family Services custody, the Division of Children and Family Services will conduct the required home study and all other requirements for opening a resource home with an adoptive service on the proposed adoptive family, including a relative family, as prescribed by 9 CAR § 40-806.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "01/2021"