§ 9-28-410 - Foster care placements. - Arkansas Statutes

9-28-410. Foster care placements.

(a) The policy of the State of Arkansas is that children in the custody of the Department of Human Services should have stable placements.

(b) (1) To reduce the number of placements of children in foster care, if a foster parent requests a foster child be removed from his or her home at any time, excluding an emergency that places the child or a family member at risk of harm, then the foster parent shall attend a staffing that shall be arranged by the Division of Children and Family Services of the Department of Human Services within forty-eight (48) hours to discuss what services or assistance may be needed to stabilize the placement.

(2) The foster child, the child's attorney ad litem, and a court-appointed special advocate, if appointed, shall be notified so that they may attend and participate in the staffing and planning for the child's placement.

(3) If the placement cannot be stabilized, then the foster parent shall continue to provide for the foster child until an appropriate alternative placement is located, but this shall not be longer than five (5) business days.

(c) (1) Other changes in placement shall be made only after notification of the:

(A) Foster child;

(B) Foster parent or parents;

(C) Child's attorney ad litem;

(D) Child's birth parents; and

(E) Court having jurisdiction over the child.

(2) The notices shall:

(A) Be sent in writing two (2) weeks prior to the proposed change;

(B) Specify reasons for the proposed change;

(C) Convey to the attorney ad litem the address of the proposed new foster home or placement provider; and

(D) Convey to the child the name and telephone number of his or her attorney ad litem and a statement that if the child objects to the change in placement, the attorney ad litem may be able to assist in challenging the change.

(d) (1) Exceptions to the advance notice requirement shall be made if the child's health or welfare would be endangered by delaying a change in placement.

(2) Within twenty-four (24) hours of the change in placement the department shall:

(A) Notify the birth parent of the change;

(B) Notify the child's attorney ad litem of the change; and

(C) Provide the attorney ad litem with the name, address, and telephone number of the new foster care home or placement provider.

(3) Within seventy-two (72) hours of the change in placement, the department shall provide written notice to the attorney ad litem for the specific reasons justifying the change of placement without advance notice.

(e) (1) If an agent, employee, or contractor of the department fails to comply with this section, then an action for violation of this section may be filed by any party to the action against the person who failed to comply with this section, with the assessment of punishment to be determined by the court.

(2) If the court finds that the agent, employee, or contractor of the department failed to comply with this section, then the court may order the department or the agent, employee, or contractor to pay all the costs of the proceedings brought under this section.

(f) All division caseworkers, supervisors, and area managers shall have at least one (1) hour of annual training on separation and placement issues, as well as on issues relating to the grief and loss children experience in foster care with multiple placements.