Current through Register Vol. 43, No. 39, September 26, 2024
Each licensee that sponsors family foster homes shall ensure
that the child-placement agency policies and procedures meet the requirements
of this regulation. The policies and procedures shall ensure that the services
provided are designed to meet each child's needs for health, safety,
well-being, and permanency.
(a) Case
management services to the child. Each licensee shall ensure that the following
services are provided to each child receiving services from the child-placement
agency:
(1) Provisions for emergency placement
of the child;
(2) provisions for
alternative care for the child placed in a family foster home;
(3) oversight to ensure that the services in
the case plan are provided to the child and the child's family;
(4) monitoring of the services and the
placement of the child to ensure the child's health, safety, and
well-being;
(5) ongoing assessment
of services based on the changing needs of the child;
(6) implementation of the contacts and visits
with the family specified in the child's case plan;
(7) implementation of the contact and visits
with child-placement agency staff members specified in subsection
(d);
(8) provision of any services
needed to meet the child's specialized needs identified in the case plan or
person-centered service plan, through direct services or through referral to
other agencies or resources;
(9)
assurance that each child has, as identified in the child's case plan, access
to the courts, contact with parents, the child welfare worker, other
professionals and advocates, including contacts by telephone, visits, written
correspondence, and electronic correspondence;
(10) assurance that the educational needs of
each child are met through the following:
(A)
Facilitation of the child's timely enrollment and school attendance in a local
school district or, when appropriate, the child's district of residence and
facilitation of the child's regular attendance at school or at any place of
instruction in accordance with the child's individual education plan;
and
(B) providing the placement
with the school contact information; and
(11) provision for consultation and
assistance to any child if any issues arise that cannot be resolved between the
child and the parent or caregiver in order to enhance the communication between
the child and the foster family and to resolve issues between them.
(b) Intake and placement
activities. Each licensee shall ensure that the child-placement agency policies
and procedures meet the requirements of this regulation.
(1) Upon accepting a child for services, each
licensee shall take the following actions:
(A)
Obtain legal authority for placement and medical consents;
(B) designate a child welfare worker to
select and authorize the selection of an initial placement for the
child;
(C) identify placement
resources for the child, including relatives/family members and nonrelated kin
individuals; and
(D) designate a
child welfare worker to be responsible for the development and implementation
of the case plans for the child.
(c) Placement preparation and agreements.
Each licensee shall ensure that written placement, preparation, and agreement
policies and procedures are developed for each out-of-home placement. Each
licensee shall ensure that each placement of a child complies with all federal
and state statutes, regulations, and agreements governing placement of children
in out-of-home placements.
(d)
Initial and ongoing assessment.
(1) Each
licensee shall ensure that an assessment is initiated for each child within 24
hours of acceptance for services and completed not later than 30 days from the
date of acceptance. The assessment shall be as detailed as possible and, based
on availability, shall include the child, the birth family, and other involved
child-placement agencies.
(2) Each
licensee shall ensure that each assessment is updated with any new information
annually or as the needs of the child change.
(3) The initial assessment and each ongoing
assessment shall be completed by a child welfare worker.
(4) Each assessment shall include the
following information, as applicable:
(A)
Identifying information, including the child's name, birth date, gender, and
social security number;
(B) the
child's tribal affiliation, cultural background, ethnic background, and
spiritual or religious background;
(C) all behaviors that would impact the
selection of an out-of-home placement or an adoptive placement;
(D) based on the child's level of
understanding, the child's participation in the assessment, including the
following:
(i) The child's understanding of
the reason for an out-of-home placement or adoption;
(ii) likes, dislikes, interests, and
concerns;
(iii) involvement in
sports and school activities;
(iv)
participation in spiritual or religious activities; and
(v) the type of family or placement
preferred, including location;
(E) the need for the child to remain in the
child's current school system;
(F)
the need for the child to remain in the child's home community or to be placed
in a contiguous community;
(G) the
need for continuity of relationships, school, and service providers, based on
the case plan;
(H) the specific
reasons for removal from the birth family home, for the new out-of-home
placement, or adoptive placement;
(I) the names and contact information for
birth parents, other birth family members, or the child's guardian;
(J) the birth family structure, including
birth order of the child, identifying information on any siblings, and location
of any siblings;
(K) the birth
family's social history, including strengths and needs;
(L) the role the birth family members are to
have during placement of the child, including visitation and other contacts
with the child and consideration of the physical distance between the birth
family's residence and the location of the child;
(M) court involvement and the child's legal
status;
(N) the child's current and
previous out-of-home placements and adoptive placements;
(O) the child's medical and dental
information, including immunizations, allergies, special dietary requirements,
special needs, current medications, contact information for previous and
current medical or dental care providers, and the need for continuity of
providers in the new placement;
(P)
the child's mental health information, including need for mental health
services, contact information for previous and current mental health services
used by the child or the birth family, and the need for continuity of mental
health services providers in the new placement;
(Q) the child's school information, including
the individual education plan, if applicable, the child's grade, schools
attended, adjustment and achievements in school; and
(R) if the child is entering Kansas from
another state or another country for placement, all available information
obtained from the agency or entity that previously provided services to the
child.
(e)
Selection of placement.
(1) Each licensee
shall develop and implement policies and procedures for selecting out-of-home
or adoptive placements for children.
(2) Each licensee shall select the most
appropriate placement for each child consistent with the identified needs of
the child and the ability of the out-of-home placement or adoptive placement to
meet the child's needs. The following factors shall be considered when
selecting each placement for each child:
(A)
The strengths and needs of the child, based on the initial assessment and the
ongoing assessments of the child;
(B) the case plan goals of the
child;
(C) if placement with a
family, the composition and strengths of the family, the assessment of the
family, and the current recommendation for placement; and
(D) if placement in a residential care
facility, the admission criteria and the services provided.
(3) No child shall be placed in a
licensed or child-placement agency-approved family foster home if the placement
would cause the terms of the license or the approval to be exceeded. Exceptions
to exceed the licensed capacity shall be submitted to the department for
approval before placement.
(4) Each
child who has committed an unlawful sexual act shall be placed in a family home
setting after the child's child-placing agent, the sponsoring child-placement
agency, and the prospective placement care-giver conduct an assessment to
determine the level of supervision required, the ability of the placement
caregiver to provide the supervision needed, and the potential sleeping
arrangements.
(f) Contact
with the child. Each licensee shall ensure that the written policies and
procedures of the child-placement agency include requirements for the frequency
and location of contact with the child by the assigned child welfare worker or
designee. The policies and procedures shall include the following:
(1) after a child is placed in an out-of-home
placement, contact shall occur at least one time each month. Each contact shall
be in person at the child's placement.
(2) During each monthly in-person contact
with the child, the child welfare worker or designee shall assess the health,
safety, and well-being of the child and determine progress toward the case plan
goals.
(g) Supports and
services. When the placement has been selected, the licensee shall ensure that
any needed supports and services are provided to the child to maintain the
placement. If the placement is in a family home setting, the licensee shall
ensure that the family receives any needed supports and services to maintain
the placement.
(h) Medical
services. Each licensee shall develop and implement policies and procedures to
ensure that emergency and ongoing medical care is obtained for each child in an
out-of-home placement.
(1) Each licensee shall
ensure that each child has a health assessment scheduled within 14 calendar
days of the child's first out-of-home placement, unless there is documentation
of an assessment completed within the past year. The assessment shall be
conducted by a physician with a current license to practice in Kansas or by a
nurse with a current license to practice in Kansas who is approved to conduct
assessments.
(2) Each licensee
shall ensure that the immunizations for each child in an out-of-home placement
or an adoptive placement are current as medically appropriate and are
maintained current for the protection from diseases specified in
K.A.R.
28-1-20. The child-placement agency policies
and procedures shall include provision for an exemption from the immunization
requirement that includes the following:
(A)
written certification from a physician with a license to practice in Kansas
stating that the physical condition of the child is such that the immunization
would endanger the child's life or health; or
(B) a written statement signed by the child's
parent or legal guardian that the parent or guardian is an adherent of a
religious denomination whose teachings are opposed to
immunizations.
(3) Each
licensee shall ensure that emergency medical treatment is available for each
child in an out-of-home placement or an adoptive family placement.
(A) Each licensee shall ensure that an
original or copy of a medical and surgical consent form is maintained in the
case record for each child in an out-of-home or an adoptive family
placement.
(B) Each licensee shall
provide an original or a copy of a medical and surgical consent form to each
out-of-home placement provider or adoptive parent for each child placed with
the out-of-home placement provider.
(i) Medication. Each licensee shall ensure
that there is a plan for the provision of prescription and nonprescription
medication for each child entering any out-of-home placement, to ensure
continuity and to prevent any interruption in the administration of medication.
For each child taking a prescription medication, each licensee shall ensure
that a three-day supply of each current medication and a written prescription
to fill or refill each medication is provided to the out-of-home placement at
the time of placement. Each medication shall be in the individual original
container and shall be given to the individual taking responsibility for the
child.
(j) Dental services. Each
licensee shall develop policies and procedures to ensure that emergency and
ongoing dental care is obtained for each child in an out-of-home placement.
Each child in an out-of-home placement who is 12 months of age or older shall
be scheduled for a dental examination within 60 days of the child's first
out-of-home placement or adoptive placement, unless there is documentation of
an assessment completed within the previous six months.
(k) Placement information. Each licensee
shall ensure that written policies and procedures for sharing child-specific
information are provided to the foster family, the sponsoring child-placement
agency for the family, or the residential care facility. The policies and
procedures shall include the following as applicable:
(1) Signed medical and surgical consent forms
or, in the case of an after-hours emergency placement, a provision for
obtaining medical and surgical consent forms;
(2) a current agreement to place the
child;
(3) a description of the
circumstances leading to the current placement and, the reason the child came
into state or child-placement agency custody;
(4) a description of the child's recent
circumstances, including all medical problems, mental health concerns, and
safety concerns;
(5) information
about the child's medication and dietary needs and the name of each of the
child's current health care providers, if known;
(6) any allergies from which the child
suffers, if known;
(7) the name,
address, and telephone number for the last educational program the child
attended;
(8) a copy of the court
order or other document authorizing the secretary of the department for
children and families or the child-placement agent to place the
child;
(9) a designation of the
race or cultural heritage of the child, including any tribal
affiliation;
(10) the name and
current contact information for the child's parent or legal guardian;
(11) the spiritual or religious affiliation
of the child and the child's family;
(12) the child's placement history summary,
including the name, address, and telephone number of any advocates;
(13) a description of positive attributes and
characteristics of the child and, if available, related information from the
child, the child's family including siblings, and concerned individuals in the
child's life;
(14) the name and
contact information for the child-placing agent who is responsible for
supervising the child's placement; and
(15) a copy of the current case permanency
plan.
(l) Mental health
services. Each licensee shall develop and implement policies and procedures
based on the initial and ongoing assessments of the child to ensure that any
emergency and ongoing mental health services are obtained for each child in an
out-of-home placement. The selection of a mental health services provider shall
include consideration of the need for continuity with the current provider when
there is a change in placement of the child.
(m) Documentation. Each licensee shall
document the basis of each placement selection and the factors that were
considered when selecting the placement.
(n) after-care services. Each licensee shall
offer services to the child and the child's family to maintain the family unit.
(1) These services shall be offered for at
least six months.
(2) Services
shall be offered as follows:
(A) When the
child is returned to the birth family after out-of-home placement;
(B) when the child has achieved alternative
permanency, including independent living; and
(C) after the legalization or finalization of
the adoption of a child occurs.
(3) The offering of the services and any
refusal of services shall be documented in the child's case file.
