Current Through April 2016

Circumstances That Constitute Witnessing

Citation: Ann. Code § 5-4-701 In criminal law: ‘In the presence of a child’ means in the physical presence of a child or knowing or having reason to know that a child is present and may see or hear an act.

Consequences

Citation: Ann. Code § 5-4-702 Any person who commits a felony offense involving homicide, assault, battery, domestic battering, or assault on a family member or household member may be subject to an enhanced sentence of an additional term of imprisonment of not less than 1 year and not greater than 10 years if the offense is committed in the presence of a child. The enhanced portion of the sentence is consecutive to any other sentence imposed.

Any person who commits the offense of aggravated cruelty to a dog, cat, or horse may be subject to an enhanced sentence of an additional term of imprisonment not to exceed 5 years if the offense is committed in the presence of a child.

Any person convicted under this section is not eligible for early release on parole or community correction transfer for the enhanced portion of the sentence.

Current Through February 2016

Physical Abuse

Citation: Ann. Code § 12-18-103‘Abuse’ means any of the following acts or omissions:

• Extreme or repeated cruelty to a child
• Engaging in conduct creating a realistic and serious threat of death, permanent or temporary disfigurement, or impairment of any bodily organ
• Any injury that is inconsistent with the history given
• Any non-accidental physical injury
• Any of the following intentional or knowing acts:
  • Throwing, kicking, burning, biting, or cutting a child
  • Striking a child with a closed fist
  • Shaking a child
  • Striking a child on the face or head
• Any of the following acts, with or without physical injury:
  • Striking a child age 6 or younger on the face or head
  • Shaking a child age 3 or younger
  • Interfering with a child’s breathing
  • Pinching, biting, or striking a child in the genital area
  • Tying a child to a fixed or heavy object or binding or tying a child’s limbs together
  • Giving a child or permitting a child to consume or inhale a poisonous or noxious substance not prescribed by a physician that has the capacity to interfere with normal physiological functions
  • Giving a child or permitting a child to consume or inhale a substance not prescribed by a physician that has the capacity to alter the mood of the child, including, but not limited to, marijuana, alcohol, a narcotic, or an over-the-counter drug if a person purposely administers an overdose to a child
  • Exposing a child to a chemical that has the capacity to interfere with normal physiological functions, including, but not limited to, a chemical used or generated during the manufacture of methamphetamine
  • Subjecting a child to Munchausen syndrome by proxy or a factitious illness by proxy if the incident is confirmed by medical personnel

Neglect

Citation: Ann. Code § 12-18-103 ‘Neglect’ means those acts or omissions that constitute:

• Failure or refusal to prevent the abuse of the child when the person knows or should know the child is or has been abused
• Failure or refusal to provide the food, clothing, shelter, or medical treatment necessary for the child’s well-being
• Failure to take reasonable action to protect the child from abandonment, abuse, sexual abuse, sexual exploitation, neglect, or parental unfitness when the existence of the condition was known or should have been known
• Failure or inability to provide for the essential and necessary physical, mental, or emotional needs of the child, including the failure to provide a shelter that does not pose a risk to the health or safety of the child
• Failure to provide for the child’s care and maintenance, proper or necessary support, or medical, surgical, or other necessary care
• Failure, although able, to assume responsibility for the care and custody of the child or to participate in a plan to assume such responsibility
• Failure to appropriately supervise the child that results in the child’s being left alone at an inappropriate age or in inappropriate circumstances creating a dangerous situation or a situation that puts the child at risk of harm
• Failure to ensure a child between age 6 and 17 is enrolled in school or is being legally home schooled, or the child is habitually absent from school as a result of an act or omission by the child’s parent

Neglect also shall include:

• Causing a child to be born with an illegal substance present in the child’s bodily fluids or bodily substances as a result of the pregnant mother’s knowingly using an illegal substance before the child’s birth
• The presence of an illegal substance at the time of the birth of a child in the mother’s bodily fluids or bodily substances as a result of the pregnant mother’s knowingly using an illegal substance before the child’s birth

Sexual Abuse/Exploitation

Citation: Ann. Code §§ 12-18-103; 12-18-1201 ‘Sexual abuse’ means:

• By a person age 14 or older to a person younger than age 18:
  • Sexual intercourse, deviate sexual activity, or sexual contact by forcible compulsion
  • Attempted sexual intercourse, deviate sexual activity, or sexual contact by forcible compulsion
  • Indecent exposure
  • Forcing the watching of pornography or live sexual activity
• By a person age 18 or older to a person not his or her spouse who is younger than age 15, or by a person age 20 or older to person not his or her spouse age 16 or younger:
  • Sexual intercourse, deviate sexual activity, or sexual contact
  • Attempted sexual intercourse, deviate sexual activity, or sexual contact
  • Solicitation of sexual intercourse, deviate sexual activity, or sexual contact
• By a caregiver to a person younger than age 18:
  • Sexual intercourse, deviate sexual activity, or sexual contact
  • Attempted sexual intercourse, deviate sexual activity, or sexual contact
  • Forcing or encouraging the watching of pornography
  • Forcing, permitting, or encouraging the watching of live sexual activity
  • Forcing the listening to a phone sex line
  • An act of voyeurism
  • Solicitation of sexual intercourse, deviate sexual activity, or sexual contact

‘Sexual exploitation’ means any of the following by a person age 18 or older to a child who is not his or her spouse or by a caregiver of a child:

• Allowing, permitting, or encouraging participation or depiction of the child in prostitution, obscene photography, or obscene filming
• Obscenely depicting, obscenely posing, or obscenely posturing the child for any use or purpose

‘Sexually exploited child’ means a person younger than age 18 who has been subject to sexual exploitation because the person:

• Is a victim of trafficking of persons under § 5-18-103
• Is a victim of child sex trafficking under 18 U.S.C. § 1591
• Engages in an act of prostitution or sexual solicitation

Emotional Abuse

Citation: Ann. Code § 12-18-103 The term ‘abuse’ includes acts or omissions that result in injury to a child’s intellectual, emotional, or psychological development, as evidenced by observable and substantial impairment of the child’s ability to function within the child’s normal range of performance and behavior.

Abandonment

Citation: Ann. Code § 12-18-103
‘Abandonment’ means:

• The failure of a parent to provide reasonable support
• The failure of a parent to maintain regular contact with a child through statement or contact when the failure is accompanied by an intention on the part of the parent to permit the condition to continue for an indefinite period in the future
• The failure of a parent to support or maintain regular contact with a child without just cause
• An articulated intent to forego parental responsibility

OUR COURSE TEACHES YOU HOW TO FILE A MOTION  IN CPS JUVENILE COURT

Standards for Reporting

Citation: Ann. Code § 12-18-402
A mandatory reporter shall immediately notify the child abuse hotline if he or she:

• Has reasonable cause to suspect that a child has been subjected to child maltreatment, has died as a result of child maltreatment, or died suddenly and unexpectedly
• Observes a child being subjected to conditions or circumstances that would reasonably result in child maltreatment

The term ‘died suddenly and unexpectedly’ means a child death that was not caused by a known disease or illness for which the child was under a physician’s care at the time of death, including, without limitation, child deaths as a result of the following:

• Sudden infant death syndrome
• Sudden unexplained infant death
• An accident
• A suicide
• A homicide
• Other undetermined circumstance

Persons Responsible for the Child

Citation: Ann. Code § 12-18-103 A responsible person includes:

• A parent, guardian, custodian, or foster parent
• A person age 18 or older living in the home with a child, whether related or unrelated to the child
• Any person who is entrusted with the child’s care by a parent, guardian, custodian, or foster parent, including, but not limited to:
  • An agent or employee of a public or private residential home, child care facility, or public or private school
  • A significant other of the child’s parent
  • Any person legally responsible for the child’s welfare

The term ‘significant other’ means a person with whom the parent shares a household or who has a relationship with the parent that results in the person acting in loco parentis with respect to the parent’s child or children, regardless of living arrangements.

Exceptions

Citation: Ann. Code § 12-18-103 Abandonment does not include acts or omissions of a parent toward a married minor.

Abuse does not include:

• Physical discipline of a child when it is reasonable and moderate and is inflicted by a parent or guardian for purposes of restraining or correcting the child
• When a child suffers transient pain or minor temporary marks as the result of an appropriate restraint if:
  • The person exercising the restraint is an employee of a licensed child welfare agency acting in his or her official capacity while on duty.
  • The agency has policy and procedures regarding restraints.
  • No other alternative exists to control the child except for a restraint.
  • The child is in danger or hurting himself or herself or others.
  • The person exercising the restraint has been trained in properly restraining children, deescalation, and conflict resolution techniques.
  • The restraint is for a reasonable period of time.
  • The restraint is in conformity with training and agency policy and procedures.

Reasonable and moderate physical discipline inflicted by a parent or guardian does not include any act that is likely to cause and that does cause injury more serious than transient pain or minor temporary marks. The age, size, and condition of the child, the location of the injury, and the frequency or recurrence of injuries shall be considered when determining whether the physical discipline is reasonable or moderate.

It is not considered neglect when the failure to provide appropriate care is caused primarily by the financial inability of the person legally responsible, and no services for relief have been offered.

Current Through August 2013

Defined in Domestic Violence Civil Laws

Citation: Ann. Code § 9-15-103‘Domestic abuse’ means:

• Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members
• Any sexual conduct between family or household members, whether minors or adults, that constitutes a crime under the laws of this State

Defined in Child Abuse Reporting and Child Protection Laws

Citation: This issue is not addressed in the statutes reviewed.

Defined in Criminal Laws

Citation: Ann. Code §§ 5-26-303 through 5-26-309‘First-degree domestic battering’ means:

• Causing serious physical injury to a family member with a deadly weapon
• Seriously and permanently disfiguring a family member or destroying, amputating, or permanently disabling a part of his or her body
• Causing serious physical injury under circumstances manifesting extreme indifference to the value of human life
• Causing serious physical injury to a family member who is age 60 or older or age 12 or younger
• Committing two or more acts of domestic battering within the past 10 years

‘Second-degree domestic battering’ means:

• Causing serious physical injury to a family member
• Causing or recklessly causing physical injury with a deadly weapon
• Causing physical injury to a family member who is age 60 or older or age 12 or younger

‘Third-degree domestic battering’ means:

• Causing or recklessly causing physical injury to a family member
• Negligently causing physical injury to a family member with a deadly weapon
• Causing stupor, unconsciousness, or physical or mental impairment to a family member by administering any drug or other substance

A person commits ‘aggravated assault on a family or household member’ if, under circumstances manifesting extreme indifference to the value of human life, the person purposely:

• Engages in conduct that creates a substantial danger of death or serious physical injury
• Displays a firearm in a manner that creates a substantial danger of death or serious physical injury
• Impedes the breathing of a family or household member

A person commits ‘first-degree assault on a family or household member’ if the person recklessly engages in conduct that creates a substantial risk of death or serious physical injury.

A person commits ‘second-degree assault on a family or household member’ if the person recklessly engages in conduct that creates a substantial risk of physical injury.

A person commits ‘third-degree assault on a family or household member’ if the person purposely creates apprehension of imminent physical injury.

Persons Included in the Definition

Citation: Ann. Code §§ 9-15-103; 5-26-302 In civil law: ‘Family or household members’ means spouses, former spouses, parents, persons related by blood within the fourth degree of consanguinity, any children residing in the household, persons who presently or in the past have resided together or cohabited, persons who have or have had a child in common, and persons who are presently or in the past have been in a dating relationship together.

In criminal law: ‘Family or household member’ means:

• A spouse or former spouse
• A parent
• A child, including any minor residing in the household
• Persons related by blood within the fourth degree of consanguinity
• Persons who presently or in the past have resided or cohabited together
• Persons who have or have had a child in common
• Persons who are presently or in the past have been in a dating relationship together

The degree of consanguinity is computed pursuant to § 28-9-212.

Current Through March 2015

Citation: Ann. Code § 12-18-107

A person or agency required by this chapter to report suspected child maltreatment who acts in good faith in making a notification, taking of a photograph or radiological test, or the removal of a child while exercising a 72-hour hold, is immune to suit and to civil and criminal liability.

If acting in good faith, a person making notification not named in this section is immune from liability.

A publicly supported school, facility, or institution acting in good faith by cooperating with the investigative agency under this chapter shall be immune from civil and criminal liability.

Current Through February 2013

Individual Responsibility to Report

Citation: Ann. Code §§12-18-401; 12-18-402 A person may notify the child abuse hotline immediately if he or she:

• Has reasonable cause to suspect that child maltreatment has occurred or a child has died as a result of child maltreatment
• Observes a child being subjected to conditions or circumstances that would reasonably result in child maltreatment

An individual listed as a mandated reporter shall notify the child abuse hotline immediately if he or she:

• Has reasonable cause to suspect that a child has been subjected to child maltreatment or died as a result of child maltreatment
• Observes a child being subjected to conditions or circumstances that would reasonably result in child maltreatment

Content of Reports

Citation: Ann. Code §§ 12-18-303; 12-18-606For an investigation to commence, the report must contain sufficient information to identify and locate the child or the family.

An investigation shall seek to determine:

• The existence, cause, nature, and extent of the child maltreatment
• The existence and extent of previous injuries
• The identity of the person responsible for the child maltreatment
• The names and conditions of other children in the home
• The circumstances of the parents or caregivers of the child
• The environment where the child resides
• The relationship of the child or children with the parents or caregivers
• All other pertinent data

Reporting Suspicious Deaths

Citation: Ann. Code §§12-18-401; 12-18-402A person may notify the child abuse hotline immediately if he or she has reasonable cause to suspect that a child has died as a result of child maltreatment. A mandated reporter shall notify the child abuse hotline immediately if he or she has reasonable cause to suspect that a child has died as a result of child maltreatment.

Reporting Substance-Exposed Infants

Citation: Ann. Code § 12-18-310All health-care providers involved in the delivery or care of infants shall:

• Contact the Department of Human Services regarding an infant born and affected with a fetal alcohol spectrum disorder
• Share all pertinent information, including health information, with the department regarding an infant born and affected with a fetal alcohol spectrum disorder

The department shall accept referrals, calls, and other communications from health-care providers involved in the delivery or care of infants born and affected with a fetal alcohol spectrum disorder. The department shall develop a plan of safe care for infants affected with a fetal alcohol spectrum disorder.

Agency Receiving the Reports

Citation: Ann. Code § 12-18-301The child abuse hotline, a unit established within the Department of Human Services or its designee, shall receive and record reports under this chapter. All persons, whether a mandated reporter or not, may use the child abuse hotline to report child maltreatment or suspected child maltreatment.

Initial Screening Decisions

Citation: Ann. Code § 12-18-303The child abuse hotline shall accept a report of child maltreatment or suspected child maltreatment if:

• The allegations, if true, would constitute child maltreatment as defined under this chapter.
• Sufficient identifying information is provided to identify and locate the child or the child’s family.
• The child or the child’s family is present in Arkansas or the incident occurred in Arkansas.

Agency Conducting the Assessment/Investigation

Citation: Ann. Code § 12-18-602The Department of Human Services shall cause an investigation to be made upon receiving initial notification of suspected child maltreatment.

Assessment/Investigation Procedures

Citation: Ann. Code §§ 12-18-602; 12-18-605; 12-18-608At the initial time of contact with the alleged offender, the person conducting the investigation shall advise the alleged offender of the allegations made against the alleged offender in a manner that is consistent with the laws protecting the rights of the person who made the report.

Upon initiation of the investigation, the primary focus of the investigation shall be whether or not the alleged offender has access to children and whether or not children are at risk and need to be protected.

An investigation of child maltreatment or suspected child maltreatment shall include interviews with:

• The child
• The parents, both custodial and noncustodial
• The alleged offender if neither parent is the alleged offender
• Any other relevant persons

A person conducting an investigation of a child victim shall have the discretion:

• In the child’s best interests, to limit the persons allowed to be present when a child is being interviewed concerning allegations of child maltreatment
• As it relates to the integrity of the investigation, to limit persons present during an interview

The interview with the child victim shall be conducted separate and apart from the alleged offender or any representative or attorney for the alleged offender. If the age or abilities of the child victim render an interview impossible, the investigation shall include observation of the child.

Timeframes for Completing Investigations

Citation: Ann. Code § 12-18-602All investigations shall begin within 72 hours. However, the investigation shall begin within 24 hours if:

• The allegation is severe maltreatment, excluding an allegation of sexual abuse if the most recent allegation of sexual abuse was more than 1 year ago or the alleged victim does not currently have contact with the alleged offender.
• The allegation is that a child has been born with exposure to an illegal substance.

Classification of Reports

Citation: Ann. Code § 12-18-702Upon completion of an investigation, the department shall determine whether the allegations of child maltreatment are:

• Unsubstantiated: An unsubstantiated determination shall be entered when the allegation is not supported by a preponderance of the evidence.
• True: A true determination shall be entered when the allegation is supported by a preponderance of the evidence.
• True but exempted, which means that the offender’s name shall not be placed in the child maltreatment central registry. This shall be entered if:
  • A parent practicing his or her religious beliefs does not, for that reason alone, provide medical treatment for a child, but in lieu of treatment the child is being furnished with treatment by spiritual means alone, through prayer, in accordance with a recognized religious method of healing by an accredited practitioner.
  • The offender is an underaged juvenile offender.
  • The report was true for neglect, as defined under § 12-18-103(13)(B).
  • The report was true for sexual abuse by an offender who is at least age 13 but younger than age 16, and the offender has not been adjudicated delinquent or has not pleaded guilty, nolo contendere, or been found guilty of an offense on the same set of facts as contained in the report.
• Inactive: If the investigation cannot be completed, the investigation shall be determined incomplete and placed in inactive status.

Current Through April 2015

Citation: Ann. Code § 12-18-103(3)(A)‘Abuse’ means any of the following acts or omissions by a parent; guardian; custodian; foster parent; person age 18 or older living in the home with a child, whether related or unrelated to the child; or any person who is entrusted with the juvenile’s care by a parent, guardian, custodian, or foster parent, including, but not limited to, an agent or employee of a public or private residential home, child care facility, public or private school; or any person legally responsible for the juvenile’s welfare, but excluding the spouse of a minor:

• Giving a child or permitting a child to consume or inhale a poisonous or noxious substance not prescribed by a physician that has the capacity to interfere with normal physiological functions
• Giving a child or permitting a child to consume or inhale a substance not prescribed by a physician that has the capacity to alter the mood of the child, including, but not limited to, the following:
  • Marijuana
  • Alcohol, excluding alcohol given to a child during a recognized and established religious ceremony or service
  • A narcotic
  • An over-the-counter drug, if a person purposely administers an overdose to a child or purposely gives an inappropriate over-the-counter drug to a child and the child is detrimentally impacted by the overdose or the over-the-counter drug
• Exposing a child to a chemical that has the capacity to interfere with normal physiological functions, including, but not limited to, a chemical used or generated during the manufacture of methamphetamine

Citation: Ann. Code § 5-64-407A person who is found guilty of or who pleads guilty or nolo contendere to manufacture of methamphetamine (§ 5-64-423) or possession of drug paraphernalia with the purpose to manufacture methamphetamine (§ 5-64-443(a)(1)) may be subject to an enhanced sentence of an additional term of imprisonment of 10 years if the offense is committed:

• In the presence of a minor, elderly person, or incompetent person who may or may not be related to the person
• With a minor, elderly person, or incompetent person in the same home or building where the methamphetamine was being manufactured or the drug paraphernalia to manufacture methamphetamine was in use or was in preparation to be used
• With a minor, elderly person, or incompetent person present in the same immediate area or in the same vehicle at the time of the person’s arrest for the offense

The enhanced portion of the sentence is consecutive to any other sentence imposed.

Any person sentenced under this section is not eligible for early release on parole or community correction transfer for the enhanced portion of the sentence.

As used in this section:

• ‘Elderly person’ means any person age 70 or older.
• ‘Incompetent person’ means any person who is incapable of consent because he or she is physically helpless, mentally defective, or mentally incapacitated.
• ‘Minor’ means any person under age 18.

Citation: Ann. Code § 12-18-310All health-care providers involved in the delivery or care of infants shall:

• Contact the Department of Human Services regarding an infant born and affected with a fetal alcohol spectrum disorder
• Share all pertinent information, including health information, with the department regarding an infant born and affected with a fetal alcohol spectrum disorder

The department shall accept referrals, calls, and other communications from health-care providers involved in the delivery or care of infants born and affected with a fetal alcohol spectrum disorder. The department shall develop a plan of safe care for infants affected with a fetal alcohol spectrum disorder.

Citation: Ann. Code § 12-18-103(14)(B)‘Neglect’ shall include:

• Causing a child to be born with an illegal substance present in the child’s bodily fluids or bodily substances as a result of the pregnant mother’s knowingly using an illegal substance before the birth of the child
• At the time of the birth of a child, the presence of an illegal substance in the mother’s bodily fluids or bodily substances as a result of the pregnant mother’s knowingly using an illegal substance before the birth of the child

As used in this subdivision, ‘illegal substance’ means a drug that is prohibited to be used or possessed without a prescription under the Arkansas Criminal Code, § 5-1-101, et seq. A test of the child’s bodily fluids or bodily substances may be used as evidence to establish neglect under this subdivision. A test of the mother’s bodily fluids or bodily substances may be used as evidence to establish neglect under this subdivision.

Current Through August 2014

Making The Appointment

Citation: Ann. Code § 9-27-316The court shall appoint an attorney ad litem when a dependency-neglect petition is filed or when an emergency ex parte order is entered in a dependency-neglect case, whichever occurs earlier.

The court may appoint an attorney ad litem to represent the best interests of a child involved in any case before the court and shall consider the child’s best interests in determining whether to appoint an attorney ad litem.

The Use of Court-Appointed Special Advocates (CASAs)

Citation: Ann. Code § 9-27-316(g)The court may appoint a volunteer court-appointed special advocate (CASA) from a program that shall meet all State and national CASA standards to advocate for the best interests of juveniles in dependency-neglect proceedings. No CASA shall be assigned a case before:

• Completing a training program in compliance with National Court-Appointed Special Advocate Association and State standards
• Being approved by the local CASA program, including appropriate criminal background and child abuse registry checks

Each CASA shall:

• Investigate the case to which he or she is assigned to provide independent factual information to the court through the attorney ad litem, court testimony, or court reports
• Monitor the case to which he or she is assigned to ensure compliance with the court’s orders

The CASA may testify if called as a witness. When the CASA prepares a written report for the court, the advocate shall provide all parties or the attorney of record with a copy of the written report 7 business days before the relevant hearing.

Upon presentation of an order of appointment, a CASA shall be provided access to all records relevant to the child’s case including, but not limited to, school records, medical records, all court records relating to the child and his or her family, and department records to the extent permitted by Federal law.

A CASA is not a party to the case to which he or she is assigned and shall not call witnesses or examine witnesses.

Qualifications/Training

Citation: Ann. Code §§ 9-27-401(b)(4); 9-27-316(f)(1); AR Sup. Ct. Adm. Order No. 15.1, § 1The Supreme Court shall adopt standards of practice and qualifications for service for all attorneys who seek employment or contracts to provide legal representation to children in dependency-neglect cases.

The court shall appoint an attorney ad litem who shall meet standards and qualifications established by the Supreme Court to represent the best interests of the juvenile when a dependency-neglect petition is filed or when an emergency ex parte order is entered in a dependency-neglect case, whichever occurs earlier.

In court rules: Prior to appointment, an attorney ad litem shall have initial education to include approved legal education of not less than 10 hours in the 2 years prior to the date an attorney qualifies as a court-appointed attorney for children in dependency-neglect cases. Initial training must include:

• Child development
• Dynamics of abuse and neglect
• Attorney roles and responsibilities, including ethical considerations
• Relevant State law, Federal law, case law, and rules
• Family dynamics, including, but not limited to, substance abuse, domestic violence, and mental health issues
• Division of Children and Family Services policies and procedures
• Additional initial legal education that may include, but is not limited to:
  • Grief and attachment
  • Custody and visitation
  • Resources and services
  • Trial and appellate advocacy

The Administrative Office of the Courts (AOC) shall design and conduct programs for the initial 10 hours of legal education, either alone or in collaboration with other agencies or entities.

Following completion of the initial 10 hours of legal education, continuing legal education shall include at least 4 hours per year related to representation in dependency-neglect cases that may include, but is not limited to, the subject categories listed above.

Specific Duties

Citation: Ann. Code § 9-27-316; AR Sup. Ct. Adm. Order No. 15.1, § 2An attorney ad litem shall:

• File written motions, responses, or objections at all stages of the proceedings when necessary to protect the best interests of the child
• Attend all hearings and participate in all telephone conferences with the court unless excused by the court
• Present witnesses and exhibits when necessary to protect the child’s best interests

An attorney ad litem shall be provided access to all records relevant to the child’s case, including, but not limited to, school records, medical records, all court records relating to the child and his or her family, and records of the Department of Human Services to the extent permitted by Federal law.

An attorney ad litem shall represent the best interests of the child. If the child’s wishes differ from the attorney’s determination of the child’s best interests, the attorney ad litem shall communicate the child’s wishes to the court in addition to presenting his or her determination of the child’s best interests.

In court rules: An attorney ad litem shall determine the best interests of a child by considering such factors as the child’s age and sense of time, level of maturity, culture and ethnicity, degree of attachment to family members including siblings, as well as continuity, consistency, and the child’s sense of belonging and identity.

An attorney ad litem shall:

• Make earnest efforts to attend all case staffings and court-ordered mediation conferences and to meet with his or her client prior to every hearing
• Appear at all hearings to represent the best interests of the child and present all relevant facts to the court and, if the child’s wishes differ from the ad litem’s determination of the child’s best interests, communicate the child’s wishes to the court
• Explain the court proceedings and the role of the ad litem in terms that the child can understand
• Advocate for specific and appropriate services for the child and the child’s family
• Monitor implementation of case plans and court orders
• File appropriate pleadings on behalf of the child
• Review the progress of the child’s case and advocate for timely hearings
• Request orders that are clear, specific, and, where appropriate, include a time line for assessment, services, placement, treatment, and evaluation of the child and the child’s family

How the Representative Is Compensated

Citation: Ann. Code § 9-27-401The director of the AOC is authorized to employ or enter into professional service contracts with private individuals or businesses or public agencies to represent all children in dependency-neglect proceedings. Before employing or entering into a contract or contracts, the office shall consult with the judges of the circuit court designated to hear dependency-neglect cases.

Those obtaining employment or contracts through the office will be designated as the providers for representation of children in dependency-neglect cases in each judicial district.

The distribution of funds among the judicial districts shall be based on a formula developed by the office and approved by the Juvenile Judges Committee of the Arkansas Judicial Council. In the transition to a State-funded system of dependency-neglect representation, it is the intent of the General Assembly to provide an appropriate and adequate level of representation to all children in dependency-neglect proceedings as required under Federal and State law.

The court may also require the parties to pay all or a portion of the expenses, depending on the ability of the parties to pay.

The office shall establish guidelines to provide a maximum amount of expenses and fees per hour and per case that will be paid.

Current Through April 2014

When Case Plans Are Required

Citation: Ann. Code §§ 9-27-402; 9-28-111A case plan shall be developed in all dependency-neglect cases or any case involving an out-of-home placement. The Department of Human Services shall be responsible for developing case plans in all dependency-neglect cases and in family in need of services or delinquency cases when custody is transferred to the department.

The Department of Human Services shall be responsible for developing case plans in all dependency-neglect cases and in family-in-need-of-services cases when custody is transferred to the department. The case plan shall be developed and filed with the court no later than 30 days after the date the petition was filed or the child was first placed out of home, whichever is sooner.

If the department does not have sufficient information before the adjudication hearing to complete all parts of the case plan, the department shall complete those parts for which information is available. All parts of the case plan shall be completed and filed with the court 30 days after the adjudication hearing.

Who May Participate in the Case Planning Process

Citation: Ann. Code § 28-111The case plan shall be developed in consultation with the child’s parent, guardian, or custodian and, if appropriate, the child, the child’s foster parents, the court-appointed special advocate, the child’s attorney ad litem, and all parties’ attorneys.

If the parents are unwilling or unable to participate in the development of the case plan, the department shall document the parents’ unwillingness or inability to participate and provide a copy of the written documentation to the parent, if available. The department shall then prepare a case plan conforming as nearly as possible to the requirements set forth in this section.

A parent’s incarceration, by itself, does not make a parent unavailable to participate in the development of a case plan.

Contents of a Case Plan

Ann. Code § 28-111When the child is receiving services at home, the case plan shall include, at minimum, descriptions of:

• The problems being addressed
• The services to be provided to the family and child
• Any reasonable accommodations made to the parents in accordance with the Americans with Disabilities Act of 1990 to assure meaningful access to services
• How the child’s health and safety will be protected

When the child is in an out-of-home placement, the case plan also must include:

• A description of the permanency goal
• The specific reasons for the out-of-home placement
• A description of the type of out-of-home placement selected for the child, including a discussion of the appropriateness of the placement
• A plan for addressing the child’s needs while in the placement
• The specific actions to be taken by the parent to correct the identified problems or conditions
• The visitation rights and obligations of the parent
• The services to be provided to the parent, and a timetable for providing the services, to strengthen family life and promote reunification
• The child’s health and education records
• The parent’s support obligation, including health insurance
• A description of the location of siblings, with documentation of the efforts to:
  • Place siblings removed from their home in the same placement, unless the department documents that a joint placement would be contrary to the safety or well-being of any of the siblings
  • Provide for frequent visitation or other ongoing interaction between the siblings in the case of siblings removed from their home who are not placed together, unless the department documents that frequent visitation or other ongoing interaction would be contrary to the safety or well-being of any of the siblings
• When appropriate for a child age 16 and older, the programs and services that will help the child prepare for the transition to independent living
• A written notice to the parent that failure to comply substantially with the case plan may result in the termination of parental rights

The plan for a child in foster care must take into account the appropriateness of the current educational setting and the proximity of the school in which the child is enrolled at the time of placement. The department will coordinate with local educational agencies to ensure that the child remains in the same school, whenever possible, or to provide immediate and appropriate enrollment in a new school.

The department shall provide the juvenile with assistance and support in developing a transition plan that is personalized at the direction of the juvenile and includes specific options on housing, health insurance, educational opportunities, local opportunities for mentors and continuing support services, and workforce supports and employment services, and is as detailed as the juvenile may elect.

Current Through January 2016

Schedule of Hearings

Citation: Ann. Code §§ 9-27-337; 9-27-338; 9-27-359The court shall review every case of dependency-neglect or families in need of services when:

• A juvenile is placed by the court in the custody of the Department of Human Services or in another out-of-home placement until there is a permanent order of custody, guardianship, or other permanent placement for the juvenile.
• A juvenile is returned to the parent from whom the child was removed, another fit parent, guardian, or custodian and the court has not discontinued orders for family services.

The first 6-month review shall be held no later than 6 months from the date of the original out-of-home placement of the child and shall be scheduled by the court following the adjudication and disposition hearing. The case shall be reviewed every 6 months thereafter until permanency is achieved. The court may require these cases to be reviewed prior to the 6-month review hearing, and the court shall announce the date, time, and place of the hearing.

Persons Entitled to Attend Hearings

Citation: Ann. Code §§ 9-27-337; 9-27-338The following persons may petition the court:

• The Department of Human Services
• The attorney ad litem
• The parties and their counsel

Determinations Made at Hearings

Citation: Ann. Code §§ 9-27-337; 9-27-338At each review hearing, the court shall determine whether:

• The case plan, services, and placement meet the special needs and best interests of the child, with the child’s health, safety, and educational needs specifically addressed.
• The State has made reasonable efforts to provide family services.
• The case plan is moving toward an appropriate permanency plan.
• The visitation plan is appropriate for the child, the parent or parents, and any siblings, if separated.

In making its findings, the court shall consider the following:

• The extent of compliance with the case plan, including, but not limited to, a review of the department’s care for the health, safety, and education of the child while he or she has been in an out-of-home placement
• The extent of progress that has been made toward alleviating or mitigating the causes of the out-of-home placement
• Whether the child should be returned to his or her parent or parents and whether or not the child’s health and safety can be protected by his or her parent or parents if returned home
• An appropriate permanency plan for the child, including concurrent planning

At every permanency planning hearing, the court shall make a finding on whether the department has made reasonable efforts and shall describe the efforts to finalize a permanency plan for the child.

Permanency Options

Citation: Ann. Code § 9-27-338At the permanency planning hearing, based upon the facts of the case, the court shall enter one of the following permanency goals, listed in order of preference, in accordance with the best interests of the child:

• Returning the child to the parent if the child’s health and safety can be adequately safeguarded
• Authorizing a plan to return the child to the parent only if the court finds that:
  • The parent is complying with the case plan, making significant measurable progress toward achieving the goals of the case plan, and diligently working toward reunification.
  • The parent is making significant and measurable progress toward remedying the conditions that caused the child’s removal from the home.
  • The return of the child to the parent shall occur within a timeframe that is consistent with the child’s developmental needs but no later than 3 months from the date of the permanency planning hearing.
• Authorizing a plan for adoption with the department filing a petition for termination of parental rights unless:
  • The child is being cared for by a relative, including a minor foster child caring for his or her own child who is in foster care, and termination of parental rights is not in the best interests of the child.
  • The department has documented in the case plan a compelling reason why filing such a petition is not in the best interests of the child.
  • The department has not provided to the family of the child the services needed for the safe return of the child to the child’s home.
• Authorizing a plan to obtain a guardian for the child
• Authorizing a plan to obtain a permanent custodian, including permanent custody with a fit and willing relative
• Authorizing a plan for another planned permanent living arrangement, including, but not limited to, Independent Living services and a plan for the supervision and nurturing the juvenile will receive

Current Through March 2016

Citation: Ann. Code § 9-27-102The General Assembly recognizes that children are defenseless and that there is no greater moral obligation upon the General Assembly than to provide for the protection of our children, and that our child welfare system needs to be strengthened by establishing a clear policy of the State that the best interests of the children must be paramount and shall have precedence at every stage of juvenile court proceedings. The best interests of the child shall be the standard for juvenile court determinations as to whether a child should be reunited with his or her family or removed from or remain in a home wherein the child has been abused or neglected.

Current Through January 2013

Circumstances That Are Grounds for Termination of Parental Rights

Citation: Ann. Code § 9-27-341An order forever terminating parental rights shall be based upon a finding by clear and convincing evidence that it is in the best interests of the child, including consideration of one or more of the following grounds:

• The child has been found to be dependent-neglected and has been out of the custody of the parent for 12 months and, despite a meaningful effort by the department to rehabilitate the parent and correct the conditions that caused removal, those conditions have not been remedied by the parent.
• The child has lived outside the home of the parent for a period of 12 months, and the parent has willfully failed to provide significant material support in accordance with the parent’s means or to maintain meaningful contact with the child.
• The presumptive legal father is not the biological father of the child, and the welfare of the child can best be served by terminating the parental rights of the presumptive legal father.
• A parent has abandoned the child.
• A parent has executed consent to termination of parental rights or adoption of the child.
• The court has found the child or a sibling dependent-neglected as a result of neglect or abuse that could endanger the life of the child, sexual abuse, or sexual exploitation, any of which was perpetrated by the child’s parent or stepparent.
• The parent has manifested the incapacity or indifference to remedy the parent’s circumstances that prevent return of the child to the custody of the parent. The inability or incapacity to remedy or rehabilitate includes, but is not limited to, mental illness, emotional illness, or mental deficiencies.
• The parent is incarcerated for a period of time that would constitute a substantial period of the child’s life.
• The parent is found by a court of competent jurisdiction, including the juvenile division of circuit court, to have:
  • Committed murder or manslaughter of any child or to have aided or abetted, attempted, conspired, or solicited to commit such crime
  • Committed a felony battery that results in serious bodily injury to any child or to have aided or abetted, attempted, conspired, or solicited to commit such crime
  • Subjected any child to aggravated circumstances
  • Had his or her parental rights involuntarily terminated as to a sibling of the child
  • Abandoned an infant, as defined by § 9-27-303(2)

‘Aggravated circumstances’ means:

• A child has been abandoned, chronically abused, subjected to extreme or repeated cruelty, sexually abused, or a determination has been made by a judge that there is little likelihood that services to the family will result in successful reunification.
• A child has been removed from the custody of the parent or guardian and placed in foster care or in the custody of another person three or more times in the past 15 months.

Circumstances That Are Exceptions to Termination of Parental Rights

This issue is not addressed in the statutes reviewed.

Circumstances Allowing Reinstatement of Parental Rights

This issue is not addressed in the statutes reviewed.

Current Through February 2013

Infant’s Age

Citation: Ann. Code § 9-34-202

A child who is 30 days old or younger may be relinquished.

Who May Relinquish the Infant

Citation: Ann. Code §§ 9-34-202; 5-27-205(c)

A child may be relinquished by his or her parent or a person designated by the parent.

Who May Receive the Infant

Citation: Ann. Code § 9-34-202

The child may be left with any medical provider or law enforcement agency.

Responsibilities of the Safe Haven Provider

Citation: Ann. Code §§ 9-34-202; 9-34-203

Any medical provider or law enforcement agency shall, without a court order, take possession of a child who is 30 days old or younger if the child is left with or voluntarily delivered to the medical provider or law enforcement agency by the child’s parent who does not express an intent to return for the child.

A medical provider or law enforcement agency that takes possession of a child shall perform any act necessary to protect the physical health and safety of the child.

Upon delivery of the child, the law enforcement officer or an appropriate hospital employee shall take the child into protective custody for 72 hours and immediately notify the Division of Children and Family Services of the Department of Human Services.

Immunity for the Provider

Citation: Ann. Code § 9-34-202

A medical provider or law enforcement agency shall incur no civil or criminal liability for any good-faith acts or omissions performed pursuant to this section.

Protection for Relinquishing Parent

Citation: Ann. Code § 5-27-205(c)

The fact that a parent voluntarily delivered a child to and left the child with, or voluntarily arranged for another person to deliver a child to and leave the child with, a medical provider or law enforcement agency serves as an affirmative defense to a prosecution for endangering the child.

This section specifically does not constitute a defense to any prosecution arising from an act of abuse or neglect committed prior to the delivery of a child to a medical provider or law enforcement agency.

Effect on Parental Rights

Citation: Ann. Code § 9-34-203

The department will initiate a dependency action [to place the child in a permanent home].

Current Through December 2014

Definitions

Citation: Ann. Code §§ 9-27-303; 9-28-108 A ‘custodian’ is a person other than a parent or legal guardian who stands in loco parentis to the juvenile or a person, agency, or institution to whom a court of competent jurisdiction has given custody of a juvenile by court order. The term ‘custodian’ includes a person to whom a court of competent jurisdiction has given custody, including a legal guardian.

A ‘guardian’ is any person, agency, or institution, as defined by § 28-65-101, et seq., whom a court of competent jurisdiction has so appointed.

‘Permanent custody’ means custody that is transferred to a person as a permanency disposition in a juvenile case and the case is closed.

‘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. ‘Relative’ means a person within the fifth degree of kinship by virtue of blood or adoption.

From ‘A Relative’s Guide to the Arkansas Child Welfare System’: Guardianship: If the court grants legal guardianship, this is a legal, permanent connection for the child, though not as permanent as adoption; no further court hearings are required. For a legal guardianship, The Department of Human Services will conduct an annual review of the family’s and child’s circumstances, and an annual report to the court must be filed.

Permanent Custody: If the court grants permanent custody, no further services or periodic reviews are required. The case will be closed and the family will not receive support from the department. This is different from legal guardianship as the relative will not qualify for a subsidy and the department does not file an annual report with the court.

Purpose of Guardianship

Citation: Ann. Code § 9-28-1003; Admin. Code 016 00 CARR 011, Policy VI-BA child in foster care shall be entitled to be placed in the custody or foster home of relatives, if appropriate, provided the relative caregiver meets all relevant child protection standards.

In regulation: In all custodial placements by the department in foster care or adoption, preferential consideration shall be given to an adult relative over a nonrelated caregiver if the relative caregiver meets all relevant child protection standards and it is in the best interests of the child to be placed with the relative caregiver. If there are no available and/or appropriate relatives within the fifth degree of kinship to the child, then the department shall attempt to identify appropriate fictive kin, to include people beyond the fifth degree of kinship by virtue of blood or adoption, as a placement option for the child.

Relatives and fictive kin have the option of obtaining permanent custody or guardianship if all efforts toward reunification are exhausted and/or to achieve case plan goals for permanency. If the court grants permanent custody, or guardianship is granted, the protective services case will be closed.

A Guardian’s Rights and Responsibilities

Citation: Ann. Code § 9-27-353 It shall be the duty of any person or agency appointed as the custodian of any child to care for and maintain the child. The custodian must ensure that the child is protected, properly trained and educated, and has the opportunity to learn a trade, occupation, or profession.

The custodian of a child has the right to obtain medical care for the child, including giving consent to specific medical, dental, or mental health treatments and procedures as required in the opinion of a duly authorized or licensed physician, dentist, surgeon, or psychologist, whether or not such care is rendered on an emergency, inpatient, or outpatient basis.

If there is an open dependency-neglect proceeding, the custodian shall not make any of the following decisions without receiving express court approval:

• Consent to the removal of bodily organs, unless the procedure is necessary to save the life of the child
• Consent to withhold life-saving or life-sustaining treatments or the amputation of any body part

The custodian has the right:

• To enroll the child in school upon the presentation of an order of custody
• To obtain medical and school records of any child in his or her custody upon presentation of an order of custody
• To consent to the child’s travel on vacation or similar trips

It shall be the duty of every person granted custody, guardianship, or adoption of any child in a proceeding arising out of a dependency-neglect action to ensure that the child is not returned to the care or supervision of any person from whom the child was removed or any person the court has specifically ordered not to have care, supervision, or custody of the child.

Qualifying the Guardian

Citation: Ann. Code §§ 9-8-204; 9-27-303(29)A relative may be appointed guardian of a child when the department determines the following:

• The child has been removed from the custody of his or her parent or parents as a result of a judicial determination to the effect that continuation in the custody of the parent or parents would be contrary to the welfare of the child.
• Being returned home or being adopted is not an appropriate permanency option for the child.
• Permanent placement with a guardian is in the best interests of the child.
• The child demonstrates a strong attachment to the prospective guardian, and the guardian has a strong commitment to caring permanently for the child.
• With respect to a child who has reached age 14, the child has been consulted regarding the guardianship.
• The necessary degree of relationship exists between the prospective guardian and the child.
• The home of the prospective guardian complies with any applicable rules for foster home approval.
• The child has resided in the home of the prospective relative guardian for at least 6 consecutive months after the prospective guardian’s home was opened as a foster home.

A home study is a written report that presents the findings of the investigation of a home by the department. An instate home study, excluding the results of a criminal records check, shall be completed and presented to the requesting court within 30 days of the receipt of the request for the home study. The results of the criminal records check shall be provided to the court as soon as they are received.

The person or agency conducting the home study shall have the right to obtain a criminal background check on any person in the household age 16 and older, including a fingerprint-based check of national crime information databases. Upon request, local law enforcement shall provide the person or agency conducting the home study with criminal background information on any person in the household age 16 and older.

Procedures for Establishing Guardianship

Citation: Ann. Code § 9-28-108; Admin. Code 016 00 CARR 011, Policy VI-B & VIII-LIf a relative or other person inquires about the placement of a child in his or her home, the department shall discuss with the relative or other person about becoming a department foster home or obtaining legal custody of the child. The court may grant custody of the child to the relative or fictive kin after an approved written home study is presented to the court.

In regulation: If the relative or fictive kin chooses to obtain legal custody of the juvenile, a protective services case must be opened on the child and a case plan developed to establish permanency for the child. The department must provide services similar to the services that would have been provided if the child was placed in foster care, and the case plan must address these services.

If it is determined at the permanency planning hearing that a guardianship arrangement with relatives is in the child’s best interests, the child’s permanency goal is changed to legal guardianship. When it is in the best interests of each of the children, the department shall attempt to place siblings together in the same guardianship arrangement. Siblings may be related by biological, marital, or legal ties.

Contents of a Guardianship Order

This issue is not addressed in the statutes and regulations reviewed.

Modification/Revocation of Guardianship

This issue is not addressed in the statutes and regulations reviewed.

Eligibility for Guardianship Subsidy

Citation: Ann. Code § 9-8-204 A child is eligible for a guardianship subsidy if the Department of Human Services determines the following:

• The child has been removed from the custody of his or her parent(s) as a result of a judicial determination to the effect that continuation in the custody of the parent(s) would be contrary to the welfare of the child.
• The department is responsible for the placement and care of the child.
• Being returned home or being adopted is not an appropriate permanency option for the child.
• Permanent placement with a guardian is in the best interests of the child.
• The child demonstrates a strong attachment to the prospective guardian, and the guardian has a strong commitment to caring permanently for the child.
• With respect to a child who has reached age 14, the child has been consulted regarding the guardianship.
• The necessary degree of relationship exists between the prospective guardian and the child.
• The child is eligible for title IV-E foster care maintenance payments, or the department determines that adequate funding is available for the guardianship subsidy for a child who is not title IV-E eligible.
• The home of the prospective guardian complies with any applicable rules for foster home approval.
• While in the custody of the department, the child resided in the home of the prospective relative guardian for at least 6 consecutive months after the prospective guardian’s home was opened as a foster home.

Links to Agency Policies

A Relative’s Guide to the Arkansas Child Welfare System (PDF – 972 KB)

Current Through July 2013

Relative Placement for Foster Care and Guardianship

Citation: Ann. Code §§ 9-28-105; 9-28-107 In all custodial placements for foster care made by the Department of Human Services, preferential consideration shall be given to an adult relative over a nonrelated caregiver.

The department shall exercise due diligence to identify and provide notice to all grandparents and other adult relatives of a child transferred to the custody of the department. The notice shall:

• Be given within 30 days after the child is transferred to the custody of the department
• Include grandparents or adult relatives suggested by the parent or parents of the child

The required notice shall state:

• That the child has been or is being removed from the parent
• The option to participate in the care of the child, placement with the child, and visits with the child
• That failure to respond to the notice may result in loss of options listed above
• The requirements to become a provisional foster home and the additional services and supports that are available for children in a foster home
• How the relative could enter into a kinship guardianship agreement with the department if kinship guardianship is available

The department may provide notice of a child transferred to the custody of the department to persons who have a strong, positive emotional tie to the child and have a positive role in the child’s life but are not related by blood, adoption, or marriage.

Requirements for Placement with Relatives

Citation: Ann. Code §§ 9-28-105; 9-28-107; Code of Rules 016 15 017, § 1 The relative caregiver must meet all relevant child protection standards, and it must be in the child’s best interests to be placed with the relative caregiver.

The department is not required to give notice to a grandparent or other adult relative if the grandparent or other adult relative has:

• A pending charge, past conviction, or plea of guilty or nolo contendere for family or domestic violence
• A true finding of child maltreatment in the child maltreatment central registry

In regulation: A relative is a person who is within the fifth degree of kinship to the child by virtue of blood, adoption, or marriage. The department may place a child in foster care with a relative if one has been identified and is appropriate. This type of placement is classified as a provisional foster home. A provisional foster home enables the department to make a quick placement for a child with a relative with whom a bond already exists. Provisional foster homes must meet certain requirements, including an expedited central registry check, an expedited criminal record check, a vehicle safety check, and a visual inspection of the home to verify that the relative and the home meet standards.

Once opened as a provisional foster home, the provisional foster parents must work to bring the home into full compliance with foster licensing requirements within 6 months. Provisional foster homes that are not in full compliance at the end of 6 months must be closed and the children removed, unless the relative has been granted permanent custody by the court. Provisional foster homes will not be paid a board payment until the relative meets all of the licensing requirements and standards and is reclassified as a regular foster home.

Requirements for Placement of Siblings

Citation: Ann. Code § 9-28-108 When it is in the best interests of each of the children, the department shall attempt to place:

• A sibling group together while they are in foster care and adoptive placement
• An infant of a minor mother together with the minor mother in foster care

As used in this section:

• ‘Fictive kin’ means a person not related to a child by blood or marriage but who has a strong positive emotional tie to a child and has a positive role in the child’s life, such as a godparent, neighbor, or family friend.
• ‘Relative’ means a person within the fifth degree of kinship by virtue of blood or adoption.

For placement with a relative or fictive kin, the child and his or her siblings or stepsiblings may be placed in the home of a relative or fictive kin on a provisional basis no more than 6 months pending the home of the relative or fictive kin being opened as a regular foster home. If the home of the relative or fictive kin is not fully licensed as a foster home after 6 months, the department shall remove the child and any siblings or stepsiblings from the home, or the court shall remove custody of the child and any siblings or stepsiblings from the department and grant custody to the relative or fictive kin.

Relatives Who May Adopt

Citation: Ann. Code §§ 9-9-102; 9-28-402 In all custodial placements for adoption made by the department, preferential consideration shall be given to an adult relative over a nonrelated caregiver.

The term ‘relative’ means a person within the fifth degree of kinship by virtue of blood or adoption.

Requirements for Adoption by Relatives

Citation: Ann. Code §§ 9-9-102; 9-9-212 Preference to the relative caregiver will be given when the relative meets all relevant child protection standards, and it is in the child’s best interests to be placed with the relative caregiver.

A home study shall be conducted by any child welfare agency licensed under the Child Welfare Agency Licensing Act, § 9-28-401, et seq., or any licensed certified social worker. The home study shall contain an evaluation of the prospective adoption with a recommendation as to the granting of the petition for adoption and shall include:

• A State-of-residence criminal background check, if available, and national fingerprint-based criminal background check on the adoptive parents and all household members age 18 and older, excluding children in foster care
• A child maltreatment central registry check for all household members age 10 and older, excluding children in foster care, if such a registry is available in their State of residence

The court may waive the requirement for a home study when a stepparent is the petitioner or the petitioner and the minor are related to each other in the second degree.

Unless directed by the court, a detailed, written health history and genetic and social histories of the child are not required if:

• The petitioner is a stepparent.
• The petitioner and the child to be adopted are related to each other within the second degree of kinship.

Current Through March 2016

What Are Reasonable Efforts

Citation: Ann. Code § 9-27-303‘Reasonable efforts’ are measures taken to preserve the family and can include reasonable care and diligence on the part of the Department of Human Services or agency to utilize all available services related to meeting the needs of the juvenile and the family.

Reasonable efforts may include the provision of ‘family services,’ which are relevant services provided to a juvenile or his or her family, including, but not limited to:

• Child care
• Homemaker services
• Crisis counseling
• Cash assistance
• Transportation
• Family therapy
• Physical, psychiatric, or psychological evaluation
• Counseling or treatment
• Postadoptive services

Family services are provided in order to:

• Prevent a juvenile from being removed from a parent, guardian, or custodian
• Reunite the juvenile with the parent, guardian, or custodian from whom the juvenile has been removed
• Implement a permanent plan of adoption or guardianship for a juvenile in a dependency-neglect case
• Rehabilitate a juvenile in a delinquency or family in need of services case

When Reasonable Efforts Are Required

Citation: Ann. Code § 9-27-303 Reasonable efforts shall be made:

• Before the placement of a child in foster care to prevent the need for removing the child from the child’s home
• To reunify a family after a child has been placed out of the home to make it possible for the child to return home safely
• To obtain permanency for a child who has been in placement more than 12 months, or 15 of the previous 22 months

When Reasonable Efforts Are NOT Required

Citation: Ann. Code § 9-27-303 Reasonable efforts to reunite a child with his or her parent or parents shall not be required in all cases. Reunification shall not be required if a court finds by clear and convincing evidence that the parent has:

• Subjected the child to aggravated circumstances, which may include:
  • A child has been abandoned, chronically abused, subjected to extreme or repeated cruelty, or sexually abused, or a determination has been made by a judge that there is little likelihood that services to the family will result in successful reunification.
  • A child has been removed from the custody of the parent or guardian and placed in foster care or in the custody of another person three or more times in the past 15 months.
  • A child or a sibling has been neglected or abused such that the abuse or neglect could endanger the life of the child.
• Committed or attempted to commit murder or manslaughter of any child
• Committed felony battery to any child that results in serious bodily injury
• Had parental rights terminated to a sibling of the child
• Abandoned an infant
• Registered with a sex offender registry under the Adam Walsh Child Protection and Safety Act of 2006

Current Through February 2015

Who Can Nominate a Standby Guardian

Citation: Ann. Code § 28-65-221(a)Any parent who is chronically ill or near death may have a standby guardian appointed by the court.

How to Establish a Standby Guardian

Citation: Ann. Code §§ 28-65-221(a); 28-65-204(b)(1)-(2)The parent must use the same procedures outlined in the subchapter for establishing a guardianship.

The court shall appoint as guardian the person who is most suitable and is willing to serve, having due regard to:

• Any request contained in a will or other written instrument executed by the parent
• Any request for the appointment of a person as his or her guardian made by a minor age 14 or older

How Standby Authority is Activated

Citation: Ann. Code § 28-65-221(a)The standby guardian’s authority would take effect as outlined in an order of standby guardianship upon:

• The death of the parent
• The mental incapacity of the parent
• The physical debilitation and consent of the parent

The standby guardian shall immediately notify the court upon the death, incapacity, or debilitation of the parent and shall immediately assume the role of guardian of the minor children. The court shall enter an order of guardianship in conformance with this section.

Involvement of the Noncustodial Parent

Citation:
This issue is not addressed in the statutes reviewed.

Authority Relationship of the Parent and the Standby

Citation: Ann. Code § 28-65-221(a)The parent does not surrender parental rights with the appointment of a standby guardian.

Withdrawing Guardianship

Citation: Ann. Code § 28-65-401 Guardianship is terminated upon a minor’s death, adoption, emancipation, attainment of majority, or by order of the court.

OUR COURSE TEACHES YOU HOW TO FILE A MOTION  IN CPS JUVENILE COURT