Arkansas Administrative Code
Agency 016 - DEPARTMENT OF HUMAN SERVICES
Division 15 - Children and Family Services
Rule 016.15.09-002 - CFS-400, CFS-446, CFS-475, CFS-6093, CFS-6094, Policy VI-A, Procedure VI-A1, Policy VII-A, Procedure VII-A1, Procedure VII-A3, Policy VIII-F, Procedure VIII-F1, Revised Publications: Pub 22, Pub 30, Pub 04
Current through Register Vol. 49, No. 9, September, 2024
PUB-04 - Minimum Licensing Standards (EXCERPT)
200.3 Personal Qualifications/Home Study
The prohibition of this section applies equally to cohabiting opposite-sex and same-sex individuals.
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300.2 Approval Process of Prospective Homes
The prohibition of this section applies equally to cohabiting opposite sex and same-sex individuals.
200.3 Personal Qualifications/Home Study
The prohibition of this section applies equally to cohabiting opposite-sex and same-sex individuals.
(Text not affected has been removed for this excerpt)
300.2 Approval Process of Prospective Homes
The prohibition of this section applies equally to cohabiting oppbsite-sex and same-sex individuals.
Publication 30 Family Foster Home Handbook (Excerpt)
APPROVAL, TRAINING, AND SUPPORT OF FAMILY FOSTER HOMES AND RELATIVE FOSTER FAMILY HOMES
Family Foster Home and Relative Foster Home Approval Process
The process of preparing and evaluating prospective family foster parents is termed a family foster home assessment An assessment will be conducted prior to the placement of a child in one's home.
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There can be no roomers or boarders in the home. Family members are not considered roomers or boarders. Households will be assessed based on the caretaker(s) ability to parent a child in foster care. Other children and adults who are part of the household will be evaluated on the basis of how they will affect the successful development of a child in foster care. Households that contain an adult who is cohabiting with a sexual partner outside of a marriage which is valid under the constitution and laws of this state, may not participate in foster care. This prohibition applies equally to cohabiting opposite-sex ; and same-sex individuals. Additionally, there may not be any other adults in the home cohabiting With a sexual partner outside of a marriage which is valid under the constitution and laws of this state Individual placement decisions will be made on a case by case basis. in the best interests of the child.
Families that move to Arkansas from another state where they have been approved as a foster family must complete the entire approval procedure of the Arkansas DCFS.
Other standards include:
* Age - The minimum age is 21 years. Alternative compliance must be obtained if one or both applicants are age 65 or over or when one or both spouses of a currently opened family foster home reaches age 65;
* Health - All household family members must pass a medical exam (within six [6] months prior to the approval) and have a doctor's recommendation at the time\the home is initially approved. Each foster parent and every family member must repeat the exam yearly to remain in compliance. All members of the household older than twelve (12) years shall receive a Mantoux skin test for tuberculosis and thereafter must repeat the test yearly to meet the standards for re-certification. Household members with a positive skin test must provide documentation every year certifying that they are free from communicable tuberculosis;
* Physical Disabilities - Physical disabilities of any of the family members will be evaluated to determine the effect, if any, the disability has on the family's ability to provide adequate care for a child and how the disability may affect a child's adjustment to the family;
Marriage and Divorce - Proof of marriage and evidence of stable marriage of at least two (2) years duration and stable family situation must be provided. Not only will an unstable marriage or family situation have a negative effect on children in foster care that have been placed in the home, but the! special problems of some children in foster care could contribute to the break-up of an already unstable marriage or the permanent disruption of an already unstable family situation. If foster parents divorce, the Resource Worker will complete a re-evaluation of the home to determine if the family still meets all other licensing standards to ensure the health and safety of the children placed in the home.
APPROVAL, TRAINING, AND SUPPORT OF FAMILY FOSTER HOMES AND RELATiVE FOSTER FAMILY HOMES
Family Foster Home and Relative Foster Home Approval Process
The process of preparing and evaluating prospective family foster parents is termed a family foster home, assessment An assessment will be conducted prior to the placement of a child in one's home.
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There can be no roomers or boarders in the home. Family members are not considered roomers or boarders. Households will be assessed based on the caretaker(s) ability to parent a child in foster care. Other children and adults who are part of the household will be evaluated on the basis of how they will affect the successful development of a child in foster care. Households that contain an adult Who is cohabiting with a sexual partner outside of a marriage which is valid under the constitution and laws of this state, may not participate in foster care. This prohibition applies equally to cohabiting opposite-sex and same-sex individuals. Additionally, there may not be any other adults in the home cohabiting with a sexual partner outside of a marriage which is valid under the constitution and laws of this state-Individual placement decisions will be made on a case by case basis in the best interests of the child.
Families that move to Arkansas from another state where they have been approved as a foster family must complete the entire approval procedure of the Arkansas DCFS.
Other standards include:
* Age - The minimum age is 21 years. Alternative compliance must be obtained if one or both applicants are age 65 or over or when one or both spouses of a currently opened family foster home reaches age 65;
* Health - All household family members must pass a medical exam (within six [6] months prior to the approval) and have a doctor's recommendation at the time the home is initially approved. Each foster parent and every family member must repeat the exam yearly to remain in compliance. All members of the household older than twelve (12) years shall receive a Mantoux skin test for tuberculosis and thereafter must repeat the test yearly to meet the standards for re-certification. Household members with a positive skin test must provide documentation every year certifying that they are free from communicable tuberculosis;
* Physical Disabilities - Physical disabilities of any of the family members will be evaluated to determine the effect, if any, the disability has on the family's ability to provide adequate care for a child arid how the disability may affect a child's adjustment to the family;
Marriage and Divorce - Proof of marriage and evidence of stable marriage of at least two (2) years duration and stable family situation must be provided. Not only will an unstable marriage or family situation have a negative effect on children in foster care that have been placed in the home, but the special problems of some children in foster care could contribute to the break-up of an already unstable marriage or the permanent disruption of an already unstable family situation. If foster parents divorce, the Resource Worker will complete a re-evaluation of the home to determine if the family still meets all other licensing standards to ensure the health and safety of the children placed in the home.
Publication 22 Standards for Approval of Family Foster Homes (Excerpt)
6.0 FAMILY FOSTER HOME STANDARDS
Standards for family foster homes are established to assure good care and growth-producing living experiences in a safe home environment for every child in foster care under supervision of the child placing agency. These written standards are used to determine the suitability of applicants to be family foster parents.
Standards are categorized as Character, Suitability and Qualifications for the Family Members and Physical Standards for the home. Standards are to be met by the family for the duration of their service as a family foster home.
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In situations where existing foster families become divorced, a re-evaluation shall be conducted on the family to determine if the family still meets all other licensing standards to ensure the health and safety of the children placed in the home.
6.0 FAMILY FOSTER HOME STANDARDS
Standards for family foster homes are established to assure good care and growth-producing living experiences in a safe home environment for every child in foster care under supervision of the child placing agency. These written standards are used to determine the suitability of applicants to be family foster parents.
Standards are categorized as Character, Suitability and Qualifications for the Family Members and Physical Standards for the home. Standards are to be met by the family for the duration of their service as a family foster home.
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In situations where existing foster families become divorced, a re-evaluation shall be conducted on the family to determine if the family still meets all other licensing standards to ensure the health and safety of the children placed in the home.
POLICY VI-A
OUT-OF-HOME PLACEMENT CRITERIA (EXCERPT)
06/2009
The state of Arkansas is not a voluntary placement state. The removal of a child from his home must occur pursuant to a judicial order placing custody of the child with the Department. When a child is in the custody of the Department of Human Services, DCFS shall ensure that the out-of-home placement is in the best interest of the child, is the least restrictive possible, is matched to the child's physical and therapeutic needs, and is close in proximity to the child's parents and the child's school. A child of a parent who is in DHS custody, is also considered a dependent juvenile and is eligible to receive foster care maintenance payments and is deemed to be a recipient of aid to families with dependent children. Titles XIX and XX services will be available to the child in the state in which the child resides.
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Placement shall be chosen:
* To ensure the health and safety of a child;
* To ensure that caretakers have the skills and training sufficient to deal with the child's special needs and any disabling condition; and
* To keep the child in close proximity to the family, if possible, to maintain enrollment in the school the child attended before placement.
A minor may not be adopted or placed in a foster home if the individual seeking to adopt or to serve as a foster parent is cohabiting with a sexual partner outside of marriage which is valid under the constitution and laws of this state; additionally, there may hot be any other adults in the home cohabiting with a sexual partner outside of a marriage which is valid under the constitution and laws of this state.
The prohibition applies equally to cohabiting opposite-sex and same-sex individuals.
DCFS shall not place or permit a child in foster care to remain in any home where there are roomers or boarders. Family members are not considered roomers or boarders. An assessment must be conducted on each family member's impact on the child and the child's impact on each family member.
PROCEDURE VI-A1
Out-of-Home Placement Criteria (EXCERPT)
06/2009
The Family Service Worker will:
* Consider placement with appropriate relatives in a licensed or approved foster home.
* Conduct a review of the home that will include:
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The child is in the custody of the department, therefore, the child shall remain in an approved foster home or licensed shelter or facility, until the relative's home is opened as a provisional home.
The FSW will:
1. Ensure that the applicant seeking to adopt or serve as a foster parent is not cohabiting with a sexual partner outside of marriage, which is valid under the laws of this state;
2. Ensure that there are no other adults in the home cohabiting with a sexual partner outside of marriage, which is valid under the constitution and laws of this state.
This applies equally to cohabiting opposite-sex and same-sex individuals.
3. Evaluate how the other children and adults in the home will affect the successful development of a child in foster care. and how the child in foster care will impact the other members of the home; and
4. Make individual placement decision on a case by case basis in the best interest of the child.
POLICY VII-A: FOSTER PARENT RECRUITMENT, TRAINING, APPROVAL, RE-EVALUATION AND RETENTION (EXCERPT)
06/2009
Foster care is a team effort involving DCFS, the family foster parents, the foster child, and the custodial/non-custodial parents. When all those directly involved in the situation understand their own and each others' roles and cooperate as team members in a team effort, the quality of the experience for all is increased, and the effect on the child's future well-being is greatly influenced. See "Family Foster Parent Handbook" (PUB-30) for responsibilities of the Foster Care Team.)
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The Division shall recruit a sufficient number of foster parents to ensure all children are placed in the least restrictive, most family like setting that meets the child's individual needs. The Division shall diligently recruit potential foster families that reflect the ethnic and racial diversity of children in DHS custody for whom a foster home is needed. Recruitment of new foster families is an on-going activity for which Area and County staff are mainly responsible. Recruitment can be achieved by several means including participation from current foster parents, development of local and statewide media campaigns and through the use of contact with community organizations. The Division will employ the use of the Family Foster Home Needs Assessment to assist with specific county recruitment efforts. The Family Foster Home Needs Assessment will also be utilized in the development of the Foster Home Recruitment Plan. Targeted recruitment of specialized foster parents shall address the special needs of children needing placement.
Foster Parent Applicant Standards of Approval
Single Applicant
* A single person may apply to become a foster parent.
Married Applicants
* In a two-parent home, the husband and wife shall be joint applicants, and each shall actively participate in the approval process.
Cohabiting Couples
* A minor may not be adopted or placed in a foster home if the individual seeking to adopt or to serve as a foster parent is cohabiting with a sexual partner outside of marriage which is valid under the constitution and laws of this state: additionally, there may not be any other adults in the home cohabiting with a sexual partner outside of a marriage which is valid under the constitution and laws of this state.
The prohibition applies equally to cohabiting opposite-sex and same-sex individuals.
Divorced Applicants
* An applicant who is divorced may apply to become a foster parent.
The Division shall place children in approved foster homes where the foster parents have satisfactorily completed the Division's pre-service training curriculum, have been cleared through the Central Registry and through a state criminal records background check.
POLICY VII-A: FOSTER PARENT RECRUITMENT, TRAINING, APPROVAL, RE-EVALUATION AND RETENTION (EXCERPT)
06/2009
Foster care is a team effort involving DCFS, the family foster parents, the foster child, and the custodial/non-custodial parents. When all those directly involved in the situation understand their own and each others' roles and cooperate as team members in a team effort, the quality of the experience for all is increased, and the effect on the child's future well-being is greatly influenced. See "Family Foster Parent Handbook" (PUB-30) for responsibilities of the Foster Care Team.)
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The Division shall recruit a sufficient number of foster parents to ensure that all children are placed in the least restrictive, most family like setting that meets the child's individual needs. The Division shall diligently recruit potential foster families that reflect the ethnic and racial diversity of children in DHS custody for whom a foster home is needed. Recruitment of new foster families is an ongoing i activity for which Area and County staff are mainly responsible. Recruitment can be achieved by several means including participation from current foster parents, development of local and statewide media campaigns and through the use of contact with community organizations. The Division will employ the use of the Family Foster Home Needs Assessment to assist with specific county recruitment efforts. The Family Foster Home. Needs Assessment will also be utilized in the development of the Foster Home Recruitment Plan; Targeted recruitment of specialized foster parents shall address the special needs of children needing placement.
Foster Parent Applicant Standards of Approval
Single Applicant
* A single person may apply to become a foster parent.
Married Applicants
* In a two-parent home, the husband and wife shall be joint applicants, and each shall actively participate in the approval process.
Cohabiting Couples
* A minor may not be adopted or placed in a foster home if the individual seeking to adopt or to serve as a foster parent is cohabiting with a sexual partner outside of marriage which is valid under the constitution and laws of this state; additionally, there may not be any other adults in the home cohabiting with a sexual partner outside of a marriage which is valid under the constitution and laws of this state.
The prohibition applies equally to cohabiting opposite-sex and same-sex individuals.
Divorced Applicants
* An applicant who is divorced may apply to become a foster parent.
The Division shall place children in approved foster homes where the foster parents have' satisfactorily completed the Division's pre-service training curriculum, have been cleared through the Central Registry and through a state criminal records background check.
PROCEDURE VII A-1: Foster Parent Recruitment (EXCERPT)
6/2009
The purpose of foster parent recruitment is to increase the number of qualified, trained family foster parents in Arkansas through the recruitment process. Each Area will develop Recruiters to assist in the recruitment process. Each Area will develop an annual recruitment plan to be initiated at the beginning of each fiscal year. The Family Foster Home Needs Assessment (CFS-445) will be utilized in the development of the recruitment plan. The CFS-445 will be conducted at least annually. The plan will outline ongoing! recruitment efforts for the Area.
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* Married Applicants Procedure:
Check the date of the marriage license. Ensure that at least two years have passed from the date of the marriage on the marriage license. If the couple is applying to become a Relative Foster Home and the marriage is less than two years old, prepare a request for an alternative compliance. Submit the alternative compliance request for approval through the necessary chain of command. If the marriage is less than two (2) years old and the couple is not applying to become a Relative Foster Home, deny the application.
* Divorced Applicants Procedure:
In situations where existing foster families become divorced, a re-evaluation shall be conducted on the family to determine if the family still meets all other licensing standards to ensure the health and safety of the children placed in the home.
* Cohabitation:
A minor may not be placed in a foster home if the individual seeking to serve as foster parent is cohabiting with a sexual partner outside of a marriage, which is valid under the constitution and laws of this state This prohibition applies equally to cohabiting opposite-sex and same-sex individuals Additionally, there may hot be any other adults in the home cohabiting with a sexual partner outside of a marriage which is valid under the constitution and laws of this state.
PROCEDURE VII-A3: Approval of Foster Home (EXCERPT)
6/2009
Prospective foster families must complete a home evaluation as part of the process to become an approved foster family. A family can be evaluated by designated Division staff or by staff contracted through the Mid South Training Academy.
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Single Applicant
A single person may apply to become a foster parent.
Married Applicants
In a two-parent home, the husband and wife shall be joint applicants, and each shall actively participate in the approval process. They shall provide verification of marriage of at least two years. The marriage shall be stable. Some examples of stability include the length of the relationship, white the couple lives, employment, and length of employment. Requests for alternative compliance on the two-year minimum marriage requirement may only be made for relative placements.
Divorced Applicants
A divorced person may apply to become a foster parent.
Cohabiting Applicants
Persons cohabiting with a sexual partner outside of a marriage, which is valid under the constitution and laws of this state, may not apply to become a foster parent. This prohibition applies equally to cohabiting opposite-sex and same-sex individuals Additionally, there may not be any other adults in the home cohabiting with a sexual partner outside of a marriage which is valid under the constitution and laws of this state.
POLICY VIII-F: FOSTER PARENT, RELATIVE FOSTER PARENT, AND RELATIVE ADOPTION (EXCERPT)
06/2009
The Division supports adoption by a foster parent or relative foster parent, who has a well established relationship with the child in their care and who expresses an interest in adoption, without regard to any racial or ethnic differences if such a placement is in the best interest of the child. The Division also supports adoption by a relative, who is not presently caring for the child and who expresses an interest in adoption if such a placement is in the best interest of the child. Each family and child will be carefully assessed and prepared for adoption. The Division provides pre-placement services for relative adoptions to move children into adoptive families in a timely manner. A foster child placed in an adoptive home continues status as a foster child until finalization of the adoption and the adoption subsidy is initiated. Prior to the finalization of the adoption, post-placement services are provided and services to preserve adoptive families are offered after the adoption is finalized.
Before placement of a child in the home of the adoptive parent, a home study will be conducted. The home study shall address whether the adoptive home is a suitable home, and shall include a recommendation as to the approval of the petitioner as an adoptive parent.
A minor may not be adopted or placed in a foster home if the individual seeking to adopt or to serve as a foster parent is cohabiting with a sexual partner outside of marriage which is valid under the constitution and laws of this state; additionally, there may not be any other adults in the home cohabiting with a sexual partner outside of a marriage which is valid under the constitution and laws of this state.
The Prohibition applies equally to cohabiting Opposite-sex and same-sex individuals.
DCFS shall not place or permit a child in foster care to remain in any home where there are roomers or boarders. Family members are not considered Boomers or boarders. An assessment must be conducted on each family member's impact on the child and the child's impact on each family member.
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PROCEDURE VIII-F1: Staffing and Recommendations (EXCERPT)
06/2009
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Residency to determine jurisdiction over an adoption may be established in accordance with one of the three following sets of criteria:
1. A child under the age of six (6) months is a resident of Arkansas if:
* The biological mother resided in Arkansas for more than 4 months prior to the child's birth, and
* The child was born in Arkansas or in any city which adjoins the state line or is separated only by a navigable river from an Arkansas city which adjoins the state line, and
* The child remains in this state until the interlocutory decree has been entered. Or in the case of a nonresident adoptive family, upon receipt of Interstate Compact on the Placement of Children (MCPC) approval, the child and the prospective adoptive parents may go back to their state of residence and subsequently may return to Arkansas for a hearing on the petition for adoption.
2. A child over the age of six (6) months is a resident of Arkansas if that child:
* Has resided in this state for at least six (6) months, and
* Currently resides in Arkansas, and
* Is present in this state when the petition for adoption is filed and heard by a court of competent jurisdiction.
3. A person seeking to adopt is a resident of Arkansas if that person:
* Occupies a dwelling within the state, and
* Has a present intent to remain within the state for a period of time, and
* Manifests the genuineness of that intent through an ongoing physical presence within the state together with indications that the person's presence is not merely transitory in nature.
Age:
Applicant is:
* At least twenty-one (21) years old.
* A primary caregiver that is at an age so that it can be anticipated that the caregiver can actively parent the child into adulthood. This assessment will be made by the Adoption Specialist when determining what is in the best interests of the child(ren) to be adopted.
Generally, at least a ten-yeai age difference and nd more than a 45-year age difference between the child and adoptive applicant is preferred.
Marital Status:
Married Couples
* In a two-parent home, the husband and wife shall be joint applicants; each shall actively, participate in the approval process, and shall provide verification that they have been married at least two years. The manage shall be stable.
Cohabiting Couples
The FSW will
1. Ensure that the applicant seeking to adopt or serve as a foster parent is not cohabiting with a sexual partner outside of marriage, which is valid under the laws of this state.
2. Ensure that there are no cohabiting adults in the home cohabiting with a sexual partner outside of a marriage which is valid under the constitution and laws of this state.
This applies equally to cohabiting opposite-sex and same-sex individuals.
Divorced
* A person, who is divorced, may apply to adopt.
Single
* A single person may apply to adopt.
I. STANDARDS: Prospective foster and adoptive families must be informed of the following foster/adoptive home approval standards during the initial visit: Foster homes and adoptive homes must meet the same approval standards.
* State criminal record checks must be completed on all members of the household age 14 and older. FBI fingerprint based checks must be completed on all members of the household age 16 and older.
* Child Maltreatment Central Registry checks must be completed on all household members age 10 and older.
* All licensed drivers in the household must have safe driving records, submit to a check of their Traffic Vehicle Report (TVR), and agree to report any accident or traffic violation within twenty-four (24) hours of occurrence or by the next working day after a weekend or holiday.
[]Yes []No d. If applicable, other children and adults (grandparents, aunts, nieces, cousins, etc.) who are a part of the household have been taken into consideration in terms of how they might be affected by or have an affect upon another, child?
[]Yes []No e. in your household, are you or any other adults cohabiting with a sexual partner outside of marriage which is valid under the constitution and laws of this state?
Marriage Stability:
[]Yes []NO a. Record documents that marriage(s) and/or divorce(s) have been verified?
[]Yes []NO b. Applicants have been married at least two years and demonstrate a stable marriage?
[]Yes []NO c. Approved family foster parents have demonstrated a continued stable marriage?
[]Yes []No d. An approved single family foster parent who marries has had a request submitted to the Assistant Director of Community Services for review and forwarded to the Division Director (The request will include training completed, Criminal Record and Central Registry checks on the new spouse, personal references, upcoming wedding date or marriage certificate ) Upon approval, the Division Director will forward the request to the Child Welfare Licensing Board for alternative compliance.
Children:
[]Yes []No a. There are no more than eight (8) children in the home, including the foster parent's own Children. (There must be no more than eight children physically in the home There must be no more than five unrelated children in care. Up to eight children from the same sibling group may be placed in the same home. If a sibling group of more than five (5) children are placed together, that foster home shall not have more than eight children including the foster parent's own children.)
[]Yes []NO b. There are no more than two children under age two in the home. There are no more than three children under the age of six in the home. (This count includes children who normally reside in the home of the foster family and foster children)?
[]Yes []NO c. Applicant(s) or approved family foster parent(s) has legal custody or t guardianship of any children in his/her home that are not his/her birth/legal children or relatives?
[]Yes []No d. Family foster parent(s) is not keeping children for more than one child placing agency?
[]Yes []No e. Family foster parent(s) is not providing day care services on a regular basis in their home?
Religion:
[]Yes []No a. Family foster parent(s) respect religious preferences of the foster child and his/her birth/legal family?
[]Yes []No d. If applicable, other children and adults (grandparents, aunts, nieces, cousins, etc.) who are a part of the household have been taken into consideration in terms of how they might be affected by or have an affect upon another child?
[]Yes []No e. In your household, are you or any other adults cohabiting with a sexual partner outside of marriage which is valid under the constitution and laws of this state?
Marriage Stability:
[]Yes []No a. Record documents that marriage(s) and/or divorce(s) have been verified?
[]Yes []No b. Applicants have been married at least two years and demonstrate a stable marriage?
[]Yes []No c. Approved family foster parents have demonstrated a continued stable marriage?
[]Yes []No e. An approved single family foster parent who marries has had a request submitted to the Assistant Director of Community Services for .review, and forwarded to the Division Director. (The request will include training completed, Criminal Record and Central Registry checks on the new spouse, personal references, upcoming wedding date or marriage certificate.) Upon approval, the Division Director will forward the request to the Child Welfare Licensing Board for alternative compliance.
Children:
[]Yes. []No a. There are no more than eight (8) children in the home including the foster parent's own children. (There must be no more than eight children physically in the home. There may be no more than five unrelated children in care. Up to eight children from the same-Sibling group may be placed in the same home. If a sibling group of more than five (5) children are placed together, that foster home shall not have more than eight children including the foster parent's own children.)
[]Yes []No b. There are no more than two children under age two in the home. There are no more than three children under the age of six in the home. (This count includes children who normally reside in the home of the foster family and foster children)?
[]Yes []No c. Applicant(s) or approved family foster parent(s) has legal custody or guardianship of any children in his/her home that are not his/her birth/legal children or relatives?
[]Yes []NO d. Family foster parent(s) is not keeping children for more than one child placing agency?
[]Yes []NO e. Family foster parent(s) is not providing day care services on a regular basis in their home?
Religion:
[]Yes []NO a. Family foster parent(s) respect religious preferences of the foster child and his/her birth/legal family?
