Arkansas bills aim to limit foster care removals
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A pair of bills moving through the Legislature seek to tweak foster care and child maltreatment policies, including making it harder to take children away from their parents because of poverty-related neglect.
Why it matters: Advocates argue that removing children from their parents is traumatic and should happen only when necessary, J. Robertson of Opportunity Arkansas told Axios.
The big picture: The idea that poverty is not neglect is already instilled in Arkansas law, but language in the proposed legislation would make it harder to take a child away solely because of parental finances, Christin Harper, policy director for Arkansas Advocates for Children and Families, told Axios.
- Family services would be provided first more often before removal was considered, Robertson said.
- For example, Robertson cited providing a winter coat for a child if not having one was the reason for a Department of Human Services (DHS) call.
Zoom in: SB326, filed by state Sen. Alan Clark (R-Lonsdale), states children's health or physical safety being in "immediate danger that cannot be mitigated with the provision of services and support" are grounds to remove them from their parents rather than "substantial risk of serious harm."
- It also defines neglect as a pattern and removes emotional neglect from the definition. Clark has said that emotional neglect should be removed from the law because it's not clearly defined.
- SB325, also filed by Clark, would allow parents whose rights were terminated to file to get them back, a filing traditionally handled by DHS or an attorney.
- That process could start as early as two years after parental rights are terminated instead of the current three-year waiting period.
How it works: Harper said it's ideal for children to reunite with their parents in most cases, but it typically requires changes by the parents.
- The state usually waits at least a year to terminate parental rights after placing children in foster care, giving parents a chance to change.
Caveat: The state moves to terminate parents' rights faster in extreme cases, including sexual abuse.
By the numbers: As of the end of February, 3,353 children were in foster care in Arkansas, according to DHS.
- Arkansas had 1,359 foster homes as of Jan. 1, short about 440 of the Division of Children and Family Services' (DCFS) goal of 1,800, DHS spokesperson Gavin Lesnick told Axios in an email.
State of play: About 62% of Arkansas children in foster care are moved to a home outside their county, which often means being moved to a new school, according to DHS data.
- The bulk of children placed outside their home counties are with foster parents, not with family or family friends, Lesnick said.
Zoom out: SB325 also specifies who, and what cases, will be on the child maltreatment registry, which currently includes all substantiated determinations of child maltreatment.
- The proposed legislation does not require that parents accused of neglect be on the registry.
- Being on the registry can prevent parents from getting a job they need to support their child, Robertson said. The proposed law would keep parents investigated for abuse, sexual abuse or sexual exploitation on the list.
Flashback: Gov. Sarah Huckabee Sanders in 2023 signed an executive order creating a working group dedicated to foster care reform.
What's next: Both bills are still being debated in the Senate.
Editor's note: This story has been corrected to note that the majority of foster children placed outside their home counties are with foster parents (not family or family friends.)