Stricken language would be deleted from and underlined language would be added to present law.
*LHR056* 03-07-2023 09:45:28 LHR056
State of Arkansas As Engrossed: S3/7/23 1
94th General Assembly A Bill 2
Regular Session, 2023 SENATE BILL 346 3
4
By: Senator Hester 5
By: Representative C. Fite 6
7
For An Act To Be Entitled 8
AN ACT TO PROMOTE PE RMANENCY AND TO STRE NGTHEN 9
KINSHIP PLACEMENTS F OR CHILDREN IN FOSTE R CARE; TO 10
AMEND AND UPDATE THE LAW REGARDING ADOPTI ON, 11
DEPENDENCY-NEGLECT CASES, CHILD WELFARE AGENCIES, AN D 12
PLACEMENT OF CHILDRE N; TO AMEND AND UPDA TE THE LAW 13
REGARDING GUARDIANSHIP AND A DOPTION SUBSIDIES; T O 14
AMEND THE LAW REGARD ING EXTENDED JUVENIL E 15
JURISDICTION UNDER T HE ARKANSAS JUVENILE CODE OF 16
1989; AND FOR OTHER PURPOSES. 17
18
19
Subtitle 20
TO PROMOTE PERMANENCY AND TO STRENGTHEN 21
KINSHIP PLACEMENTS FOR CHILDREN IN FOST ER 22
CARE. 23
24
25
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 26
27
SECTION 1. Arkansas Code § 9 -8-204(a)(10), concerning the time a child 28
is required to have been in the home of a prospective relative guardian after 29
the prospective guardian's home was opened as a foster home in order for the 30
child to be eligible for subsidized guardianship, is amended to read as 31
follows: 32
(10)(A) While in the custody of the department, the child 33
resided in the home of the prospective relative guard ian for at least six (6) 34
consecutive months after the prospective guardian's home was opened as a 35
foster home. 36 As Engrossed: S3/7/23 SB346
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(B) If the department determines that adequate funding is 1
available for a guardianship subsidy for a child who is not Title IV -E 2
eligible under subdivision (a)(8) of this section, the department may waive 3
the time requirement under this subdivision. 4
5
SECTION 2. Arkansas Code § 9 -9-407, concerning a family's eligibility 6
for a subsidy for purposes of an adoption, is amended to add an additional 7
subsection to read as follows: 8
(d) State-funded subsidies may be available, as determined by the 9
department for an adult who: 10
(1) Is in foster care at eighteen (18) years of age; 11
(2) Participates in an extended foster care program under § 9 -12
27-306 or § 9-28-114; and 13
(3) Is not Title IV -E eligible. 14
15
SECTION 3. Arkansas Code § 9 -9-504(b)(1), concerning counseling 16
requirements when a birth parent or adult adoptee is registered in a 17
voluntary adoption registry, is amended to read as follows: 18
(b)(1)(A) Upon registering, the registrant shall participate in not 19
less than one (1) hour of counseling with a social worker employed by an 20
employee or contractor as designated by the entity that operates the 21
registry. If a birth parent or adult adoptee is domiciled outside the state, 22
he or she shall obtain counseling from a social worker employed by an 23
employee or contractor as designated by a licensed agency in that other state 24
selected by the entity that operates the registry. 25
(B) If a birth parent or adult adoptee is domiciled outside 26
the state, he or she shall obtain counseling from a social worker employed by 27
an employee or contractor as designated by a licensed agency in that other 28
state selected by the entity that operates the registry. 29
30
SECTION 4. Arkansas Code § 9 -27-306(a)(1)(D), concerning extended 31
juvenile jurisdiction under the Arkansas Juvenile Code of 1989, is amended to 32
read as follows: 33
(D) Proceedings in which a family is alleged to be in need 34
of services as defined by this subchapter , which shall include juveniles from 35
birth to eighteen (18) years of age, except for the following: 36 As Engrossed: S3/7/23 SB346
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(i) A juvenile whose family has been adjudicated as 1
a family in need of services and who is in foster care before eighteen (18) 2
years of age may reques t that the court continue jurisdiction until twenty -3
one (21) years of age if the juvenile is engaged in a course of instruction 4
or treatment, or is working at least eighty (80) hours a month towards self -5
sufficiency to receive independent living or transit ional services the 6
requirements in subdivision (a)(1)(B)(i)(a) of this section are met ; 7
(ii) The court shall retain jurisdiction only if the 8
juvenile remains meets or has a viable plan to remain in instruction or 9
treatment to receive independent livin g services meet the requirements in 10
subdivision (a)(1)(B)(i)(a) of this section ; or 11
(iii) The court shall discontinue jurisdiction upon 12
request of the juvenile or when the juvenile completes or is discontinued 13
from the instruction or treatment requirements to receive independent living 14
services; 15
16
SECTION 5. Arkansas Code § 9 -27-306(e) and (f), concerning when a 17
juvenile over eighteen (18) years of age is allowed to reenter extended 18
foster care, are amended to read as follows: 19
(e) Regardless of funding, a juvenile will be allowed to return to 20
foster care if: 21
(1) evidence Evidence is presented to the circuit court that the 22
department failed to comply with §§ 9 -27-363 and 9-28-114 or if there is 23
evidence that the juvenile was coerced by an em ployee or agent of the 24
department to leave foster care ; or 25
(2) The juvenile submits a request to reenter foster care in 26
writing or verbally to the department . 27
(f) If a juvenile over eighteen (18) years of age who is allowed to 28
reenter extended foster care fails to be engaged in or have a viable plan to 29
meet the requirements in subdivision (a)(1)(B)(i)(a) of this section or have 30
a viable plan to meet the requirements of subdivision (a)(1)(B)(i)(a) of this 31
section for more than sixty (60) days, the depar tment may: 32
(1) file File a motion to terminate the jurisdiction of the 33
court and discharge the juvenile from foster care ; or 34
(2) Provide notice to the juvenile not under the jurisdiction of 35
the court that his or her case will be closed and discharge the juvenile from 36 As Engrossed: S3/7/23 SB346
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foster care. 1
2
SECTION 6. Arkansas Code § 9 -27-311(e)(2)(C), concerning required 3
contents of a petition filed under the Arkansas Juvenile Code of 1989, is 4
amended to read as follows: 5
(C) The supporting affidavit of facts shall include known 6
information regarding the fitness of the noncustodial parent to be considered 7
for custody, placement, or visitation family time with the juvenile. 8
9
SECTION 7. Arkansas Code § 9 -27-315(a)(1)(B)(iii)(a), concerning the 10
probable cause hearing in a de pendency-neglect case, is amended to read as 11
follows: 12
(a) Evidence pertaining to visitation family 13
time; and 14
15
SECTION 8. Arkansas Code § 9 -27-325(o) and (p), concerning visitation 16
between a juvenile and parent in a dependency -neglect case, are amend ed to 17
read as follows: 18
(o)(1)(A) If the court determines that the health and safety of the 19
juvenile can be adequately protected and it is in the best interest of the 20
child, unsupervised visitation family time may occur between a juvenile and a 21
parent. 22
(B) Unless the court has restricted unsupervised family 23
time, the department may allow unsupervised family time between a juvenile 24
and a parent at any time. 25
(2)(A) A petitioner has the burden of proving at every hearing 26
that unsupervised visitation family time is not in the best interest of a 27
child. 28
(B) If the court determines that unsupervised visitation 29
family time between a juvenile and a parent is not in the best interest of 30
the child, visitation family time between the juvenile and the parent shall 31
be supervised. 32
(C)(i) A rebuttable presumption that unsupervised 33
visitation family time is in the best interest of the juvenile applies at 34
every hearing. 35
(ii) The burden of proof to rebut the presumption is 36 As Engrossed: S3/7/23 SB346
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proof by a preponderance of the ev idence. 1
(D)(i) If the court orders supervised visitation family 2
time, the parent from whom custody of the juvenile has been removed shall 3
receive a minimum of four (4) hours of supervised visitation family time per 4
week. 5
(ii) The court may order less than four (4) hours of 6
supervised visitation family time if the court determines that the supervised 7
visitation family time: 8
(a) Is not in the best interest of the 9
juvenile; or 10
(b) Will impose an extreme hardship on one (1) 11
of the parties. 12
(p) When visitation family time is ordered between a juvenile and the 13
parent: 14
(1)(A) A parent's positive result from a drug test is 15
insufficient to deny the parent visitation family time with a juvenile. 16
(B) If at the time that visitation family time between the 17
parent and a juvenile occurs a parent is under the influence of drugs or 18
alcohol, exhibits behavior that may create an unsafe environment for a child, 19
or appears to be actively impaired, the visitation family time may be 20
cancelled; and 21
(2) A relative or fictive kin may transport a juvenile to and 22
from visits family time with a parent if: 23
(A) It is in the best interest of a child; 24
(B) The relative or fictive kin submits to a background 25
check and a child maltreatment registry check; and 26
(C) The relative or fictive kin meets the driving 27
requirements established by the department. 28
29
SECTION 9. Arkansas Code § 9 -27-327(a)(1)(B), concerning findings made 30
by the court after a juvenile is found dependent -neglected in the 31
adjudication hearing in a dependency -neglect case, is amended to read as 32
follows: 33
(B)(i) If the court finds that the juvenile is dependent -34
neglected, the court shall determine whether a noncustodial parent 35
contributed to the dependency -neglect and whether the noncustodial parent is 36 As Engrossed: S3/7/23 SB346
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a fit parent for purposes of custody or visitation family time. 1
(ii) A noncustodial parent in subdivision 2
(a)(1)(B)(i) of this section is presumed to be a fit parent. 3
(iii)(a) If no prior court order h as been entered 4
into evidence concerning custody or visitation family time with the 5
noncustodial parent of the juvenile subject to the dependency -neglect 6
petition, the petitioner shall, and any party may, provide evidence to the 7
court whether the noncustod ial parent is unfit for purposes of custody or 8
visitation family time. 9
(b) The petitioner shall provide evidence as 10
to whether the noncustodial parent contributed to the dependency -neglect. 11
(iv)(a) The court may transfer temporary custody or 12
permanent custody to the noncustodial parent after a review of evidence and a 13
finding that it is in the best interest of the juvenile to transfer custody, 14
or the court may order visitation family time with the noncustodial parent. 15
(b) An order of transf er of custody to the 16
noncustodial parent does not relieve the Department of Human Services of the 17
responsibility to provide services to the parent from whom custody was 18
removed, unless the court enters an order to relieve the department of the 19
responsibility. 20
(c) A home study is not required to transfer 21
custody to a parent of the juvenile. 22
(v) If the court determines that the child cannot 23
safely be placed in the custody of the noncustodial parent, the court shall 24
make specific findings of fact re garding the safety factors that need to be 25
corrected by the noncustodial parent before placement or visitation family 26
time with the juvenile. 27
28
SECTION 10. Arkansas Code § 9 -27-335(d), concerning home study 29
requirements after a juvenile is found dependent -neglected in a dependency -30
neglect case, is amended to read as follows: 31
(d)(1) Custody of a juvenile may be transferred to a relative or other 32
individual only after a home study of the placement is conducted by the 33
department or by a licensed social worke r who is approved to do home studies 34
and submitted to the court in writing and the court determines that the 35
placement is in the best interest of the juvenile. 36 As Engrossed: S3/7/23 SB346
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(2) A home study is not required for a parent of a juvenile. 1
2
SECTION 11. Arkansas Code § 9 -27-355(b)(1)(B)(ii), concerning 3
placement of juveniles, is amended to read as follows: 4
(ii) If there is not a safety issue identified in a 5
Child Maltreatment Central Registry check or criminal background check 6
regarding all the persons identified und er subdivision (b)(1)(A) of this 7
section, the department shall provide in writing to the persons identified 8
the following notice: 9
(a) A statement saying that the juvenile has 10
been or is being removed from his or her parent; 11
(b) An explanation c oncerning how to 12
participate and be considered for care, placement, and visitation family time 13
with the juvenile; 14
(c) Information needed for a child welfare 15
safety check and home study, if the person is interested in placement; 16
(d) Information about provisional relative 17
foster care, fictive kin, and other supportive benefits available through the 18
department; 19
(e) A statement saying that failure to timely 20
respond may result in the loss of opportunities to be involved in the care, 21
placement, and visitation family time with the juvenile; and 22
(f) The name, phone number, email address, and 23
physical address of the caseworker and supervisor assigned to the case. 24
25
SECTION 12. Arkansas Code § 9 -27-355(b)(1)(F), concerning placement of 26
juveniles, is amended to read as follows: 27
(F)(i) The court may transfer custody to any relative or 28
any other person recommended by the department, the parent, or any party upon 29
review of a home study, including criminal background and child maltreatment 30
reports, and a finding that custody is in the best interest of the child. 31
(ii) A home study is not required for a parent of a 32
juvenile. 33
34
SECTION 13. Arkansas Code § 9 -27-355(b)(3)(B)(ii), concerning 35
placement of juveniles, is amended to read as follows: 36 As Engrossed: S3/7/23 SB346
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(ii)(a) If the relative or fictive kin opts to have 1
his or her home opened as a provisional foster home, the relative or fictive 2
kin shall not be paid a board payment until the relative or fictive kin meets 3
all of the requirements and his or her home i s opened as a regular foster 4
home. 5
(b) A relative or fictive kin who has his or 6
her home opened as a provisional foster home may receive a board payment from 7
the department for no more than six (6) months unless fully opened as a 8
foster home; 9
10
SECTION 14. Arkansas Code § 9 -27-355(b)(4)(B), concerning placement of 11
juveniles, is amended to read as follows: 12
(B)(i) The relative, fictive kin, or other person shall 13
not receive any financial assistance, including board payments, from the 14
department, except for financial assistance for which the relative, fictive 15
kin, or other person has applied and for which the relative, fictive kin, or 16
other person qualifies under the program guidelines, such as the Transitional 17
Employment Assistance Program , § 20-76-401, food stamps the Supplemental 18
Nutrition Assistance Program , Medicaid, and the a federal adoption subsidy . 19
(ii) A relative or fictive kin who has his or her 20
home opened as a provisional foster home may receive a monthly board payment 21
from the department for no more than six (6) months unless fully opened as a 22
foster home; and 23
24
SECTION 15. Arkansas Code § 9 -27-361(a)(2)(C)(ii)(d), concerning items 25
that must be included in a court report prepared by the Department of Human 26
Services in a depend ency-neglect case, is amended to read as follows: 27
(d) Whether the adult grandparent or other 28
adult relative is interested in visitation family time. 29
30
SECTION 16. Arkansas Code § 9 -27-361(a)(3)(C), concerning items that 31
must be included in a court r eport prepared by the court -appointed special 32
advocate in a dependency -neglect case, is amended to read as follows: 33
(C) Any information on adult relatives, including their 34
contact information and the volunteer's recommendation about relative 35
placement and visitation family time; and 36 As Engrossed: S3/7/23 SB346
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1
SECTION 17. Arkansas Code § 9 -27-361(b)(3)(C), concerning items that 2
must be included in a court report prepared by the court -appointed special 3
advocate in a dependency -neglect case, is amended to read as follows: 4
(C) Any information on adult relatives, including their 5
contact information and the volunteer's recommendation about relative 6
placement and visitation family time; and 7
8
SECTION 18. Arkansas Code § 9 -27-369(d)(1), concerning when the court 9
in a dependency-neglect case may grant a motion for resumption of services 10
for a parent whose parental rights were previously terminated, is amended to 11
read as follows: 12
(d)(1) A court may grant a motion filed under this section if it finds 13
by a preponderance of the evide nce that it is in the best interest of the 14
child to resume services and establish appropriate contact or visitation 15
family time between the child and the parent or placement of the child with 16
the parent. 17
18
SECTION 19. Arkansas Code § 9 -27-369(d)(2)(C)(i), concerning how 19
frequently a review hearing must be held in a dependency -neglect case when 20
services for a parent whose parental rights were previously terminated have 21
been resumed, is amended to read as follows: 22
(i) Finds that it is not in the best in terest of the 23
child to have contact, visitation family time, or placement with the parent; 24
25
SECTION 20. Arkansas Code § 9 -28-108(a)(2), concerning the definition 26
of "relative" in regard to the placement of juveniles, is amended to read as 27
follows: 28
(2) “Relative” means a person within the fifth degree of kinship 29
by virtue of blood, marriage, or adoption. 30
31
SECTION 21. Arkansas Code § 9 -28-108(c)(4)(B)(i), concerning placement 32
of juveniles in a provisional foster home, is amended to read as follows: 33
(i)(a) The juvenile and his or her siblings or step-34
siblings stepsiblings may be placed in the home of a relative or fictive kin 35
of the juvenile on a provisional basis no more than six (6) months pending 36 As Engrossed: S3/7/23 SB346
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the home of the relative or fictive kin being open ed as a regular foster 1
home. 2
(b) A relative or fictive kin who has his or 3
her home opened as a provisional foster home may receive a board support 4
payment from the department for no more than six (6) months unless fully 5
opened as a foster home ; 6
7
SECTION 22. Arkansas Code § 9 -28-108(c)(5)(B), concerning the receipt 8
of financial assistance by a relative or other person who is awarded custody 9
of a juvenile and any siblings or stepsiblings, is amended to read as 10
follows: 11
(B)(i) The relative or other person shall not receive any 12
financial assistance, including board payments, from the department, but may 13
receive other financial assistance that the relative or other person has 14
applied for and qualifies for under other program guidelines, such as the 15
Transitional Employment Assistance Program , § 20-76-401, food stamps the 16
Supplemental Nutrition Assistance Program , Medicaid, and the a federal 17
adoption subsidy. 18
(ii) A relative or fictive kin who has his or her 19
home opened as a provisional foster ho me may receive a board support payment 20
from the department for no more than six (6) months unless fully opened as a 21
foster home; and 22
23
SECTION 23. Arkansas Code § 9 -28-111(a)(4)(C), concerning what 24
constitutes a substantive change to a case plan, is amend ed to read as 25
follows: 26
(C) A substantive change to a case plan includes without 27
limitation a change in the placement of the juvenile, the visitation family 28
time rights of any party, or the goal of the case plan. 29
30
SECTION 24. Arkansas Code § 9 -28-111(c)(6), concerning visitation 31
rights and obligations of a parent, guardian, or custodian and the state 32
agency which must be included in a case plan when a juvenile is receiving 33
services in an out-of-home placement, is amended to read as follows: 34
(6) The visitation family time rights and obligations of the 35
parent, guardian, or custodian and the state agency during the time period 36 As Engrossed: S3/7/23 SB346
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the juvenile is in the out -of-home placement; 1
2
SECTION 25. Arkansas Code § 9 -28-111(c)(10)(C), concerning 3
documentation in a c ase plan of the efforts made to provide visitation or 4
other ongoing interaction between siblings removed from their home who are 5
not placed together, is amended to read as follows: 6
(C) Documentation of the efforts made to provide for 7
frequent visitation family time or other ongoing interaction between the 8
siblings in the case of siblings removed from their home who are not placed 9
together, unless the department documents that frequent visitation family 10
time or other ongoing interaction would be contrary to the safety or well -11
being of any of the siblings; 12
13
SECTION 26. Arkansas Code § 9 -28-402(13)(A)(i), concerning the 14
definition of "fictive kin" under the Child Welfare Agency Licensing Act, is 15
amended to read as follows: 16
(i) Is not related to a chil d by blood or marriage, 17
marriage, or adoption ; and 18
19
SECTION 27. Arkansas Code § 9 -28-402(20), concerning the definition of 20
"relative" under the Child Welfare Agency Licensing Act, is amended to read 21
as follows: 22
(20) “Relative” means a person within th e fifth degree of 23
kinship by virtue of blood , marriage, or adoption; 24
25
SECTION 28. Arkansas Code § 9 -28-903(14)(B)(ii), concerning a foster 26
parent's opportunity to participate in the planning of visitation with a 27
child in foster care and his or her birth family, is amended to read as 28
follows: 29
(ii) The opportunity to participate in the planning 30
of visitation family time with the child in foster care and his or her birth 31
family; 32
33
SECTION 29. Arkansas Code § 9 -28-1003(d)(4), concerning a foster 34
child's entitlement to visitation with siblings that are not in the same 35
placement, is amended to read as follows: 36 As Engrossed: S3/7/23 SB346
12 03-07-2023 09:45:28 LHR056
(4) If separated, to have visitation family time with all 1
siblings that shall be: 2
(A) Regular Be regular and consistent; 3
(B) Include face-to-face meetings or alternate methods of 4
communication at least one (1) time per week when possible; and 5
(C) Outlined Be outlined in the case plan and approved by 6
the court; 7
8
SECTION 30. Arkansas Code § 9 -28-407(h)(2), concerning release of 9
foster and adoptive home records, is amended to add an additional subsection 10
to read as follows: 11
(J)(i) To a person, agency, or organization engaged in a 12
bona fide research or evaluation project that is determined by the Division 13
of Children and Family Servic es to have value for the evaluation or 14
development of policies and programs within the Division of Children and 15
Family Services. 16
(ii) Any confidential information provided by the 17
department for a research or evaluation project under subdivision (h)(2) (J) 18
of this section shall not be redisclosed or published. 19
20
SECTION 31. Arkansas Code § 9 -27-316(f)(4), concerning an attorney ad 21
litem's access to records relevant to a juvenile's case under the Arkansas 22
Juvenile Code of 1989, is amended to read as foll ows: 23
(4) An attorney ad litem shall be provided access to all 24
records relevant to the juvenile's case, including, but not limited to, 25
school records, medical records, all court records relating to the juvenile 26
and his or her family, and records, includ ing those maintained electronically 27
and in the Children's Reporting and Information System case management 28
system, of the Department of Human Services relating to the juvenile and his 29
or her family to the extent permitted by federal law. 30
31
/s/Hester 32
33
34
35
36