Arkansas Department of Human Services
DHS Lawyers with locations in Fayetteville & Little Rock, AR.
The Arkansas Department of Human Services, including the Division of Children and Family Services and the Central Registry Unit, is what is often referred to a “child protective services “(CPS) or simply “DHS.” Most legal issues involving DHS involve either dependency-neglect cases where children are taken into foster care or placed on the child maltreatment registry, where an individual has been found by the Department to have subjected a juvenile to abuse or neglect.
With prior experience defending the Department, our legal team, which now fights for individuals and parents, is uniquely positioned to secure the right outcome for you in your DHS case.
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Common DHS Issues & Solutions
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What is a maltreatment registry?
The Child Maltreatment Registry and Adult Maltreatment Registries are lists of names maintained by the Arkansas Department of Human Services of individuals who have had an investigation for child or adult maltreatment substantiated against them. Employers and potential employers are either notified or can readily determine whether your name appears on a registry, and use that information to preclude you from employment. This is especially a concern for individuals involved in the day to day care of children and adults, such as teachers, coaches, school bus drivers, nursing home employees, etc.
How can I get my name off of the maltreatment registry?
There are a few stages at which a person may be able to either prevent placement of their name on a maltreatment registry or have their name removed from a registry. When an investigation for child or adult maltreatment has been substantiated, or found to be proven true by a preponderance of the evidence, the person being placed on the registry will be provided with the opportunity to request an administrative hearing to keep their name off the registry. If, after the hearing, the administrative law judge keeps the name on the registry, that judge may be appealed to circuit court. If one's name still remains on the registry, most names placements are subject to petitions for removal after a period of one (1) year.
Can my child stay with family while in foster care?
When the Arkansas Department of Human Services exercise an emergency hold on a child and take them into foster care, they are first tasked with finding a suitable foster placement for the child. Family members should contact the Department to inform them that they wish to be considered for a foster or adoptive placement. Foster and adoptive families will be required to complete certain courses, homestudies, etc. in order to remain eligible. Often, unfortunately, not all family is readily considered due to the circumstances of the removal.
How long can a child remain in foster care?
Generally, there is no set time on how long a child may remain in foster care. Arkansas' laws are aspirational in that they seek to determine a "permanency plan" for the juvenile after the child has been in foster care for a period of year. The majority of courts, after fifteen (15) months, move towards termination of parental rights if another permanency plan, such as guardianship, is not available.
What is a termination of parental rights hearing?
A termination of parental rights hearing or "T.P.R." is exactly what it sounds like. It is a trial before a circuit judge on a petition to have someone's parental rights to their children terminated and their relationship with the child forever severed, so that the child may be cleared for adoption by another family. At the hearing, the Department of Human Services (DHS) must prove by clear and convincing evidence that there exists grounds under the law for terminating parental rights, that the child is adoptable if the Court does sever the family relationship, and that it is in the child's best interest for rights to be terminated. Termination of parental rights orders may be appealed to the Arkansas Court of Appeals.
Can I adopt my relative from foster care?
After a parents' rights to their child have been terminated, the child becomes eligible to be adopted. Under Arkansas Law, at all stages of the process, DHS should consider family members as possible placements for children. Often, children, especially young children, have remained in the same foster home throughout being in foster care, so it is important that interested family members make efforts early on to inform DHS that they wish for the family to remain in tact.
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