Browse Arkansas Code titles and sections
9-28-108. Placement of juveniles — Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-28-108. Placement of juveniles — Definitions.
(a) As used in this section:
(1) “Fictive kin” means a person selected by the Division of Children and Family Services who:
(A) Is not related to a child by blood or marriage; and
(B) Has a strong, positive, and emotional tie or role in the:
(i) Child's life; or
(ii) Child's parent's life if the child is an infant; and
(2) “Relative” means a person within the fifth degree of kinship by virtue of blood or adoption.
(b)(1)(A) After the Department of Human Services removes a juvenile or the circuit court grants custody of the juvenile to the department, the juvenile shall be placed in a licensed or approved foster home, shelter, or facility or an exempt child welfare agency, as defined under § 9-28-402.
(B) For a juvenile placed out of state, the placement shall be approved under the Interstate Compact on the Placement of Children, § 9-29-201 et seq.
(2) When it is in the best interest of each of the juveniles, the department shall attempt to place:
(A) A sibling group together while they are in foster care and adoptive placement; and
(B) An infant of a minor mother together with the minor mother in foster care.
(c)(1) A relative of a juvenile placed in the custody of the department shall be given preferential consideration for placement if:
(A) The relative meets all required child protection standards; and
(B) It is in the best interest of the juvenile to be placed with the relative.
(2) Placement or custody of a juvenile in the home of a relative or other person shall not relieve the department of its responsibility to actively implement the goal of the case.
(3) If a relative or other person inquires about the placement of a juvenile in his or her home, the department shall discuss the fo
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-28-108
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:9-28-108
Source file: gov.ar.code.title.09.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 5907dec217746ce230f0992575f98350d9b56f7ace6aafd3d4cfb23ebdce47c5
Source location: content.xml paragraph 19354
Stored source content
9-28-108. Placement of juveniles — Definitions.
(a) As used in this section:
(1) “Fictive kin” means a person selected by the Division of Children and Family Services who:
(A) Is not related to a child by blood or marriage; and
(B) Has a strong, positive, and emotional tie or role in the:
(i) Child's life; or
(ii) Child's parent's life if the child is an infant; and
(2) “Relative” means a person within the fifth degree of kinship by virtue of blood or adoption.
(b)(1)(A) After the Department of Human Services removes a juvenile or the circuit court grants custody of the juvenile to the department, the juvenile shall be placed in a licensed or approved foster home, shelter, or facility or an exempt child welfare agency, as defined under § 9-28-402.
(B) For a juvenile placed out of state, the placement shall be approved under the Interstate Compact on the Placement of Children, § 9-29-201 et seq.
(2) When it is in the best interest of each of the juveniles, the department shall attempt to place:
(A) A sibling group together while they are in foster care and adoptive placement; and
(B) An infant of a minor mother together with the minor mother in foster care.
(c)(1) A relative of a juvenile placed in the custody of the department shall be given preferential consideration for placement if:
(A) The relative meets all required child protection standards; and
(B) It is in the best interest of the juvenile to be placed with the relative.
(2) Placement or custody of a juvenile in the home of a relative or other person shall not relieve the department of its responsibility to actively implement the goal of the case.
(3) If a relative or other person inquires about the placement of a juvenile in his or her home, the department shall discuss the following two (2) options with the relative or other person considering the placement of the juvenile:
(A) Becoming a department foster home; or
(B) Obtaining legal custody of the juvenile.
(4)(A) The juvenile shall remain in a licensed or approved foster home, shelter, or facility or an exempt child welfare agency as defined under § 9-28-402 until:
(i) The home is opened as a regular foster home;
(ii) The home is opened as a provisional foster home, if the person is a relative or fictive kin to one (1) of the children in the sibling group, including step-siblings; or
(iii) The court grants custody of the juvenile to the relative or fictive kin after a written approved home study is presented to the court.
(B) For placement with a relative or fictive kin:
(i) The juvenile and his or her siblings or step-siblings may be placed in the home of a relative or fictive kin of the juvenile on a provisional basis no more than six (6) months pending the home of the relative or fictive kin being opened as a regular foster home;
(ii) If the relative or fictive kin chooses to have his or her home opened as a provisional foster home, the relative or fictive kin shall not be paid a board payment until:
(a) The relative or fictive kin meets all of the foster home requirements; and
(b) The home of the relative or fictive kin is opened as a regular foster home;
(iii) The relative or fictive kin may apply for and receive benefits that the relative or fictive kin may be entitled to based on the placement of the juvenile in the home, such as benefits under the Transitional Employment Assistance Program, § 20-76-401, and the Supplemental Nutrition Assistance Program, until the home of the relative or fictive kin is opened as a regular foster home; and
(iv) If the home of the relative or fictive kin is not fully licensed as a foster home after six (6) months of the placement of the juvenile and any siblings or step-siblings in the home:
(a) The department shall remove the juvenile and any siblings or step-siblings from the relative or fictive kin's home and close the provisional foster home of the relative or fictive kin; or
(b) The court shall remove custody of the juvenile and any siblings or step-siblings from the department and grant custody to the relative or fictive kin subject to the limitations outlined in subdivision (c)(5) of this section.
(5) If the court grants custody of the juvenile and any siblings or step-siblings to the relative or other person:
(A)(i) The juvenile and any siblings or step-siblings shall not be placed back in the custody of the department while remaining in the home of the relative or other person.
(ii) The juvenile and any siblings or step-siblings shall not be removed from the custody of the relative or other person, placed in the custody of the department, and then remain or be returned to the home of the relative or other person while remaining in the custody of the department;
(B) The relative or other person shall not receive any financial assistance, including board payments, from the department, but may receive other financial assistance that the relative or other person has applied for and qualifies for under other program guidelines, such as the Transitional Employment Assistance Program, § 20-76-401, food stamps, Medicaid, and the federal adoption subsidy; and
(C) The department shall not be ordered to pay the equivalent of board payments or adoption subsidies to a relative or other person as reasonable efforts to prevent removal of custody from the relative.
(d)(1)(A) A court may order a juvenile who is in the custody of the department to be placed in a trial home placement with a parent of the juvenile or the person from whom custody of the juvenile was removed for:
(i) No longer than sixty (60) days; or
(ii) More than sixty (60) days but no longer than one hundred eighty (180) days with the consent of the department.
(B) The department may place a juvenile who is in its custody in a trial home placement with a parent of the juvenile or the person from whom custody of the juvenile was removed for no longer than one hundred eighty (180) days.
(C) A trial home placement with a parent who did not have custody of the juvenile at the time of the juvenile's removal into the custody of the department may be made only after the court or the department determines that:
(i) The trial home placement is in the best interest of the juvenile;
(ii) The noncustodial parent does not have a restriction on contact with the juvenile; and
(iii) There are no safety concerns related to the placement after reviewing:
(a) The criminal background of the noncustodial parent;
(b) The home of the noncustodial parent and each person in the home of the noncustodial parent; and
(c) Other information in the records of the department, including without limitation records concerning foster care, child maltreatment, protective services, and support services.
(2) At the end of the trial home placement the:
(A) Court shall place custody of the juvenile with the parent or the person from whom custody was removed; or
(B) Department shall return the juvenile to a licensed or approved foster home, shelter, or facility or an exempt child welfare agency as defined in § 9-28-402.
(e) When a juvenile leaves the custody of the department and the court grants custody to the parent or another person, the department shall not be the legal custodian of the juvenile, even if the juvenile division of circuit court retains jurisdiction.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-76-401. Eligibility generally — Transitional Employment Assistance Program.
(a)(1) The Transitional Employment Assistance Program is created.
(2)(A) The Transitional Employment Assistance Program shall be administered by the Department of Human Services and the Division of Workforce Services.
(B) Subject to the order of the Governor, the division may take full authority for administering the Transitional Employment Assistance Program.
(C) The division may contract with the department for administrative services.
(3) The division may operate a separate Transitional Employment Assistance Program Two-Parent Program funded by state funds not claimed for the federal Temporary Assistance for Needy Families program maintenance of effort requirement if the Director of the Division of Workforce Services deems such action necessary to avoid the risk of not meeting the two-parent work participation rate.
(b) Eligibility for transitional employment assistance is limited to applicants for or recipients of assistance who:
(1) Are income and resource eligible; and
(2) Sign and comply with a personal responsibility agreement.
(c) The department shall promulgate rules to determine resource eligibility and benefit levels for participating families. The rules shall be subject to review and recommendation by the Arkansas Workforce Development Board and shall include, but not be limited to, the following categories of income and resource disregards:
(1) To reward work, earned income from sources other than transitional employment assistance;
(2) A certain percentage of a family's gross monthly income;
(3) The family's homestead;
(4) An operable motor vehicle per family;
(5) Household and personal goods;
(6) Income-producing property;
(7) Moneys deposited i
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-76-401
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-76-401. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-28-402. Definitions.
As used in this subchapter:
(1) “Adoptive home” means a household of one (1) or more persons that has been approved by a licensed child placement agency to accept a child for adoption;
(2) “Adverse action” means any petition by the Department of Human Services before the Child Welfare Agency Review Board to take any of the following actions against a licensee or applicant for a license:
(A) Revocation of license;
(B) Suspension of license;
(C) Conversion of license from regular or provisional status to probationary status;
(D) Imposition of a civil penalty;
(E) Denial of application; or
(F) Reduction of licensed capacity;
(3) “Alternative compliance” means approval from the Child Welfare Agency Review Board to allow a licensee to deviate from the letter of a rule, provided that the licensee has demonstrated how an alternate plan of compliance will meet or exceed the intent of the rule;
(4) “Board” means the Child Welfare Agency Review Board;
(5) “Boarding school” means an institution that is operated solely for educational purposes and that meets each of the following criteria:
(A) The institution is in operation for a period of time not to exceed the minimum number of weeks of classroom instruction required of schools accredited by the Division of Elementary and Secondary Education;
(B) The children in residence must customarily return to their family homes or legal guardians during school breaks and must not be in residence year round, except that this provision does not apply to students from foreign countries; and
(C) The parents of children placed in the institution retain custody and planning and financial responsibility for the children;
(6) “Child” means a person who is:
(A) From birth to eighteen (18) year
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-28-402
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 9-28-402. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-29-201. Text of Compact.
The Interstate Compact on the Placement of Children is enacted into law and entered into with all other jurisdictions legally joining therein in form substantially as follows:
INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN
ARTICLE I Purpose and Policy
It is the purpose and policy of the party states to cooperate with each other in the interstate placement of children to the end that:
(a) Each child requiring placement shall receive the maximum opportunity to be placed in a suitable environment and with persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable degree and type of care.
(b) The appropriate authorities in a state where a child is to be placed may have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child.
(c) The proper authorities of the state from which the placement is made may obtain the most complete information on the basis of which to evaluate a projected placement before it is made.
(d) Appropriate jurisdictional arrangement for the care of children will be promoted.
ARTICLE II Definitions
As used in this compact:
(a) “Child” means a person who, by reason of minority, is legally subject to parental, guardianship, or similar control;
(b) “Sending agency” means a party state, officer or employee thereof; a subdivision of a party state, or officer or employee thereof, a court of a party state, a person, corporation, association, charitable agency, or other entity which sends, brings, or causes to be sent or brought any child to another party state;
(c) “Receiving state” means the state to which a child is sent, brought or caused to be sent
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-29-201
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 9-29-201. This identifies an authority to review, not proof of applicability.