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9-28-116. Restrictions on foster and adoptive parents.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-28-116. Restrictions on foster and adoptive parents.
(a)(1) A child in the custody of the Department of Human Services shall not be placed in an approved home of any foster parent or adoptive parent unless all household members eighteen and one-half (18½) years of age and older, excluding children in foster care, have been checked with the Identification Bureau of the Department of Arkansas State Police at a minimum of every two (2) years for convictions of the offenses listed in this subchapter and in § 9-28-409.
(2) Youths in a household who turn eighteen (18) years of age are not required to have a criminal background check until six (6) months after turning eighteen (18) years of age.
(b) A child in the custody of the Department of Human Services shall not be placed in an approved home of any foster or adoptive parent unless all household members eighteen and one-half (18½) years of age and older, excluding children in foster care, have a fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulation for convictions of the offenses listed in this subchapter and in § 9-28-409.
(c) A foster child in the custody of the Department of Human Services, or a foster child in the custody of another state, shall not be placed in the home of any Arkansas foster or adoptive parent if the criminal records check reveals a felony conviction for:
(1) Child abuse or neglect;
(2) Spousal abuse or domestic battery;
(3) A crime against children, including child pornography;
(4) A crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery; or
(5) Aggravated assault on a family or household member.
(d) A foster child in the custo
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-28-116
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.
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Record provenance
Stable record: arkansas_code:legal_authorities:9-28-116
Source file: gov.ar.code.title.09.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 0f125f0631331f0f07089c24cb1c98f7dbb7198855093e150a8247c9eef8e4b0
Source location: content.xml paragraph 19663
Stored source content
9-28-116. Restrictions on foster and adoptive parents.
(a)(1) A child in the custody of the Department of Human Services shall not be placed in an approved home of any foster parent or adoptive parent unless all household members eighteen and one-half (18½) years of age and older, excluding children in foster care, have been checked with the Identification Bureau of the Department of Arkansas State Police at a minimum of every two (2) years for convictions of the offenses listed in this subchapter and in § 9-28-409.
(2) Youths in a household who turn eighteen (18) years of age are not required to have a criminal background check until six (6) months after turning eighteen (18) years of age.
(b) A child in the custody of the Department of Human Services shall not be placed in an approved home of any foster or adoptive parent unless all household members eighteen and one-half (18½) years of age and older, excluding children in foster care, have a fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulation for convictions of the offenses listed in this subchapter and in § 9-28-409.
(c) A foster child in the custody of the Department of Human Services, or a foster child in the custody of another state, shall not be placed in the home of any Arkansas foster or adoptive parent if the criminal records check reveals a felony conviction for:
(1) Child abuse or neglect;
(2) Spousal abuse or domestic battery;
(3) A crime against children, including child pornography;
(4) A crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery; or
(5) Aggravated assault on a family or household member.
(d) A foster child in the custody of the Department of Human Services, or a foster child in the custody of another state, shall not be placed in the home of any foster or adoptive parent if the criminal record check reveals a felony conviction for physical assault, battery, or a drug-related offense if the offense was committed within the past five (5) years.
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Arkansas Code — all titles (historical 2020) · legal_authorities
9-28-409. Criminal record and child maltreatment checks.
(a)(1) Each of the following persons in a child welfare agency shall be checked with the Child Maltreatment Central Registry in his or her state of residence and any state of residence in which the person has lived for the past five (5) years and in the person's state of employment, if different, for reports of child maltreatment in compliance with policy and procedures promulgated by the Child Welfare Agency Review Board:
(A) An employee having direct and unsupervised contact with children;
(B) A volunteer having direct and unsupervised contact with children;
(C) A foster parent and all household members fourteen (14) years of age and older, excluding children in foster care;
(D) An adoptive parent and all household members fourteen (14) years of age and older, excluding children in foster care;
(E) An owner having direct and unsupervised contact with children; and
(F) A member of the agency's board of directors having direct and unsupervised contact with children.
(2) The Child Welfare Agency Review Board shall have the authority to deny a license or church-operated exemption to any applicant found to have any record of founded child maltreatment in the official record of the registry.
(3)(A) Any person required to be checked under this section who is found to have any record of child maltreatment in the official record of the registry shall be reviewed by the owner or operator of the facility in consultation with the Child Welfare Agency Review Board to determine appropriate corrective action measures that would indicate, but are not limited to, training, probationary employment, or nonselection for employment.
(B) The Child Welfare Agency Review Board shall also have the authority to deny a
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-28-409
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 9-28-409. This identifies an authority to review, not proof of applicability.