2010 Arkansas Code
Title 9 - Family Law
Subtitle 3 - Minors
Chapter 27 - Juvenile Courts And Proceedings
Subchapter 3 - Arkansas Juvenile Code
§ 9-27-355 - Placement of juveniles.

9-27-355. Placement of juveniles.

(a) For purposes of this section, "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 at 9-28-402.

(B) For juveniles placed out of state, the placement shall be approved pursuant to the Interstate Compact on the Placement of Children, 9-29-201 et seq.

(2) The court shall not specify a particular provider for placement of any foster child.

(3) When it is in the best interest of each of the juveniles, the department shall attempt to place:

(A) Siblings together while they are in foster care and adoptive placement; and

(B) The infants of a minor mother together 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 the relative caregiver meets all relevant child protection standards and it is in the juvenile's best interest to be placed with the relative caregiver.

(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 for 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 at 9-28-402 until the home is opened as a regular foster home, as a provisional foster home if the person is a relative, or the court grants custody of the juvenile to the relative or person after a written approved home study is presented to the court.

(B) For placement only with a relative:

(i) The juvenile may be placed in the home of a relative on a provisional basis for up to six (6) months pending the relative's home being opened as a regular foster home;

(ii) If the relative opts to have his or her home opened as a provisional foster home, the relative shall not be paid a board payment until the relative meets all of the requirements and his or her home is opened as a regular foster home;

(iii) Until the relative's home is opened as a regular foster home, the relative may apply for and receive benefits for which the relative may be entitled due to the placement of the juvenile in the home, such as benefits under the Transitional Employment Assistance Program, 20-76-401, and food stamps; and

(iv) If the relative's home is not fully licensed as a foster home after six (6) months of the placement of the juvenile in the home:

(a) The department shall remove the juvenile from the relative's home and close the relative's provisional foster home; or

(b) The court shall remove custody from the department and grant custody of the juvenile to the relative subject to the limitations outlined in subdivision (c)(5) of this section.

(5) If the court grants custody of the juvenile to the relative or other person:

(A) (i) The juvenile 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 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, except for financial assistance for which the relative has applied and for which the relative or other person qualifies pursuant to the 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 the relative or other person as reasonable efforts to prevent removal of custody from the relative.

(d) (1) Juveniles who are in the custody of the department shall be allowed trial placements with parents for a period not to exceed sixty (60) days.

(2) At the end of sixty (60) days, the court shall either place custody of the juvenile with the parent, or the 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(12).

(e) When a juvenile leaves the custody of the department and the court grants custody to the parent or another person, the department is no longer legal custodian of the juvenile, even if the juvenile division of circuit court retains jurisdiction.