Restrictions on foster and adoptive parents

  1. Law
  2. Arkansas Code
  3. Family Law
  4. Minors
  5. Placement or Detention
  6. Children and Family Services
  7. Restrictions on foster and adoptive parents

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  1. (a)

    1. (1) A child in the custody of the Department of Human Services shall not be placed in an approved home of any foster parent or adoptive parent unless all household members eighteen and one-half (18½) years of age and older, excluding children in foster care, have been checked with the Identification Bureau of the Department of Arkansas State Police at a minimum of every two (2) years for convictions of the offenses listed in this subchapter and in § 9-28-409.

    2. (2) Youths in a household who turn eighteen (18) years of age are not required to have a criminal background check until six (6) months after turning eighteen (18) years of age.

  2. (b) A child in the custody of the Department of Human Services shall not be placed in an approved home of any foster or adoptive parent unless all household members eighteen and one-half (18½) years of age and older, excluding children in foster care, have a fingerprint-based criminal background check performed by the Federal Bureau of Investigation in compliance with federal law and regulation for convictions of the offenses listed in this subchapter and in § 9-28-409.

  3. (c) A foster child in the custody of the Department of Human Services, or a foster child in the custody of another state, shall not be placed in the home of any Arkansas foster or adoptive parent if the criminal records check reveals a felony conviction for:

    1. (1) Child abuse or neglect;

    2. (2) Spousal abuse or domestic battery;

    3. (3) A crime against children, including child pornography;

    4. (4) A crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery; or

    5. (5) Aggravated assault on a family or household member.

  4. (d) A foster child in the custody of the Department of Human Services, or a foster child in the custody of another state, shall not be placed in the home of any foster or adoptive parent if the criminal record check reveals a felony conviction for physical assault, battery, or a drug-related offense if the offense was committed within the past five (5) years.


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