2014 Arkansas Code
Title 9 - Family Law
Subtitle 3 - Minors
Chapter 28 - Placement Or Detention
Subchapter 1 - Children and Family Services
§ 9-28-108 - Placement of juveniles.

(a) As used in this section:

(1) "Fictive kin" means a person not related to a child by blood or marriage, but who has a strong positive emotional tie to the child and has a positive role in the child's life, such as a godparent, neighbor, or family friend; 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 Supplemental Nutrition Assistance Program (SNAP), 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 juvenile who is in the custody of the department shall be allowed to have a trial placement with the juvenile's parents or the person from whom custody was removed for a time period not to exceed sixty (60) days.

(2) After sixty (60) days, the court shall either:

(A) Place custody of the juvenile with the parents or the person from whom custody was removed; or

(B) Remove the juvenile from the parent or person from whom custody was removed and return the juvenile to the department for placement in 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 shall not be the legal custodian of the juvenile, even if the juvenile division of circuit court retains jurisdiction.