§ 9-28-406 - Division enforcement duties.
9-28-406. Division enforcement duties.
(a) (1) The division shall advise the Child Welfare Agency Review Board regarding proposed rules and regulations. (2) The division shall obtain comments from the board prior to initiating the rule promulgation process.
(b) (1) The board is authorized to make an inspection and investigation of any proposed or operating child welfare agency and of any personnel connected with that agency to the extent that an inspection and investigation are necessary to determine whether the child welfare agency will be or is being operated in accordance with this subchapter and the rules and regulations promulgated by the board.
(2) The board may delegate this authority to any agencies of the State of Arkansas whom the board deems proper.
(c) (1) The division or any other public agency having authority or responsibility with respect to child maltreatment shall have the authority to investigate any alleged or suspected child maltreatment in any child welfare agency, whether licensed or exempt.
(2) Nothing contained in this section shall be construed to limit or restrict that authority.
(d) (1) The division shall assist licensees and applicants in complying with published rules and regulations by issuing advisory opinions regarding matters of rule compliance when so requested.
(2) The procedure for issuing advisory opinions shall be as follows:
(A) (i) Any licensee or applicant for a license may submit a written request for an advisory opinion on whether or not a practice in any planned or existing child welfare agency complies with the rules promulgated pursuant to this subchapter. (ii) The division must respond to the request in writing within twenty (20) business days of receiving the request. (iii) If the division's response is that the subject of the request would not comply with published standards, the division shall suggest an alternative practice that in its opinion would comply with published standards when it is possible to do so; and
(B) (i) A written opinion required in subdivision (d)(2)(A) of this section is binding on the division as a declaratory order if the applicant or licensee has acted in reliance on the opinion. (ii) Notwithstanding the foregoing, in no event shall the advisory opinion be binding on the board if the compliance issue that is the subject of the advisory opinion is presented to the board for review.
(e) (1) The division shall issue corrective action notices following inspections of child welfare agencies as provided in this subsection.
(2) If the division finds that a child welfare agency has failed to comply with an applicable law or rule and this failure does not imminently endanger the health, safety, or welfare of the persons served by the program, the division shall issue a corrective action notice to the child welfare agency. The corrective action notice must require the licensee to outline a corrective action plan. The division's corrective action notice shall contain:
(A) A factual description of the conditions that constitute a violation of the law or rule;
(B) The specific law or rule violated; and
(C) A reasonable time frame within which the violation must be corrected.
(3) (A) (i) If the child welfare agency believes that the contents of the division's corrective action notice are in error, the child welfare agency may ask licensing authorities to reconsider the parts of the corrective action notice that are alleged to be in error. (ii) The request for reconsideration must be in writing, delivered by certified mail, specify the parts of the corrective action notice that are alleged to be in error, explain why they are in error, and include documentation to support the allegation of error.
(B) (i) The division shall render a decision on the request for reconsideration within fifteen (15) working days after the date the request for reconsideration was received. (ii) The licensee's request for reconsideration and supporting documentation shall be retained by the division and made a part of the licensee's record.
(4) (A) If upon reinspection, the division finds that the licensee has corrected the violation or violations specified in the corrective action notice, the division employee shall indicate this correction and the date the correction was verified in the licensee's file.
(B) If upon reinspection, the division finds that the licensee has not corrected the violations specified in the corrective action order within the required time frame, the division may in its discretion petition the board to impose appropriate adverse action against the licensee.
(C) In the case of an applicant for a license, if the applicant has not corrected the violations in a previously issued corrective action notice, the division may recommend denial of the application for a child welfare agency license.