Current through Register Vol. 43, No. 39, September 26, 2024
(a) Provision of
reports. Each licensee shall ensure that the following information is made
available to each prospective foster family and adoptive family upon request:
(1) A copy of the current child-placement
agency license for the agency and contact information for the department for
any licensing questions;
(2) a copy
of the most current annual report prepared by the child-placement agency
required by 30-47-909 ; and
(3) a
copy of the grievance and appeal processes of the child-placement
agency.
(b) Recruitment
and retention. Each licensee shall ensure that there is an ongoing recruitment
and retention plan to address the need for new and existing placement families
and adoptive families. The plan shall include the following:
(1) Methods of recruitment and
retention;
(2) types of advertising
and other sources to be used;
(3)
the establishment of goals for recruiting and retaining foster placement
families or adoptive families to meet the needs of the children receiving
services from the child-placement agency; and
(4) the identification of specific staff for
recruitment and retention activities.
(c) Application process for prospective
foster families and adoptive families. Each licensee shall develop and
implement policies and procedures for the application process to become a
foster family or an adoptive family sponsored by the child-placement agency.
(1) Each licensee shall ensure that the
child-placement agency's policies and procedures are followed for the
processing of each application of a prospective foster family or prospective
adoptive family.
(2) The
application process shall include the following:
(A) Obtaining authorization for the
child-placement agency to obtain third party information to begin the
assessment process, including authorization to conduct background checks and
reference checks;
(B) obtaining a
signed declaration of the prospective placement parent's intent to become a
family foster home parent or the prospective adoptive parent's intent to become
an adoptive parent;
(C) receiving,
if applicable, the payment of any application fee required by the
child-placement agency; and
(D)
responding in writing to each prospective foster family and each prospective
adoptive family no later than 30 calendar days after receiving the application,
indicating the licensee's intent to proceed with the application process, to
obtain additional information, or not to proceed with the process.
(3) Each licensee shall develop a
child-placement agency application form for each prospective licensed or agency
approved foster family and each prospective adoptive family that shall be
completed, signed, and dated by each prospective parent and each prospective
adoptive parent before the child-placement agency proceeds with the application
process.
(d) Orientation.
Each licensee shall ensure that there is an orientation program to provide
prospective foster families and prospective adoptive families with the
following information:
(1) The child-placement
agency purpose, philosophical and religious beliefs, policies, and procedures
on the sponsorship of placement families and adoptive families;
(2) information on the child-placement
agency's requirements to become a foster family;
(3) the training requirements of the
child-placement agency;
(4) the
characteristics and needs of children typically receiving services through the
child-placement agency or placed for adoption by the child-placement
agency;
(5) all supports and
resources available to placement families and adoptive families sponsored by
the child-placement agency;
(6)
information on applicable reimbursement rates and schedules and applicable fees
for services;
(7) for families
applying for a family foster home license or agency approval as a family foster
home, information about the licensing or agency approval process;
(8) a description of the programs for which
the licensee has been approved by the department and the services offered by
the child-placement agency, which may include foster care, domestic adoption,
intercountry adoption, and postlegalization or postfinalization services, and
the role of the licensee in providing each of the services;
(9) the process the child-placement agency
uses to select an adoptive family for a child;
(10) a statement clarifying that the payment
of fees is for the services provided by the licensee and does not guarantee the
placement of a child with the family;
(11) the expected time frames for each
service provided;
(12) the process
for sharing with an adoptive family any information about an adoptive child and
the child's birth family;
(13) the
policies and procedures on contact between the adoptive parents and the birth
parents of a child; and
(14) any
policy or requirements that would preclude placement of a child with a
prospective family foster home or adoptive family.
(e) notification to family. Following the
application process, orientation, and completion of a family assessment, each
licensee shall notify each prospective foster family or prospective adoptive
family of the licensee's decision whether to accept the family for sponsorship.
The notification shall be submitted in writing and provided to the family
within 30 calendar days of the decision.
(1)
If the decision is to accept the family, the notification shall include the
effective date of sponsorship.
(2)
If the decision is not to accept the family, the notification shall include the
effective date and the reason for the decision.
(f) Support and ongoing contact. The
designated child welfare worker or a social service staff member operating
under the direction of the child welfare worker shall provide supportive
services and shall have ongoing contact with each foster family and each
adoptive family.
(1) The worker shall provide
contact at least one time every three months to maintain communication when
there is no child in the family foster home.
(2) The worker shall complete a monthly
in-home face to face visit with a foster family when a child is in placement to
identify any needed services and supports.
(3) The worker shall provide contact at least
one time every three months, to maintain communication with the adoptive
family.
(4) The worker shall
complete a monthly in-home face to face visit with the adoptive family when a
child is placed to identify any needed services and supports until the adoption
is finalized.
(g)
Training. Each licensee shall provide training opportunities for foster
families and adoptive families through direct service or other training
resources to enhance the knowledge and skills of placement families and
adoptive families. Training for licensed placement families shall include the
following:
(1) Prelicensure training.
(A) An instructor-led family foster home
preparatory program approved by the department;
(B) an instructor-led first aid training
course that includes cardiopulmonary resuscitation (CPR) for the ages of
children to be placed;
(C) training
in universal precautions; and
(D)
medication administration training.
(2) In-service training. Each licensee
through direct service or other training resources shall offer at least two
clock-hours of training every 90 days each licensing year for a minimum of
eight clock-hours each year. At least two of the required eight clock-hours
offered shall be instructor led or through participation in group training,
including workshops, conferences, and academic course-work. The training topics
shall provide the opportunity to develop competency in two or more of the
following areas:
(A) Advocacy;
(B) attachment issues and
disorders;
(C) child
development;
(D) crisis management
including intervention techniques for problem or conflict resolution, diffusion
of anger and de-escalation methods;
(E) communicating and connections with birth
families;
(F) discipline and
behavior management techniques;
(G)
human sexuality including gender identification;
(H) human trafficking and
exploitation;
(I) indicators of
gang involvement;
(J) indicators of
self-harming behaviors or suicidal tendencies and knowledge of appropriate
intervention methods;
(K) medical
and mental health disorders, treatment modalities, and pharmacology;
(L) principles of trauma-informed care and
trauma-specific interventions;
(M)
reasonable and prudent parenting standard;
(N) regulations governing family foster
homes;
(O) report writing and
documentation methods; and
(P)
resources and services available to youth transitioning to independent living
if applicable.
(h) Consideration for placement. Each
licensee shall perform the following:
(1)
Communicate all known strengths, behaviors, and needs of the child, including
all special or medical needs of a child to be placed with the adoptive or
foster family;
(2) discuss the
potential impact of the placement on the family and on the child;
(3) assist with the decision whether or not
to accept the child; and
(4)
identify any services that will be needed by the child or by the family during
the placement.
(i) after
placement. Following any decision to remove the child from the family foster
home or adoptive family, each licensee shall assist the family with the impact
of the removal on the family.
(j)
Transfer of sponsorship. Each licensee shall develop and implement policies and
procedures for the transfer of sponsorship of placement families and adoptive
families from one sponsoring child-placement agency to another when the family
requests a transfer. Provisions shall be made for any fee or reimbursement
arrangements, completion of family assessments, and for the transfer of
records.
(k) Transfer of
sponsorship of placement families.
(1) Each
transfer shall be based on the written request of a family submitted to the
current sponsoring child-placement agency.
(2) The transfer of any licensed family
foster home shall be approved by the department before the transfer is
completed.
(3) The child-placement
agency to which a foster family wants to transfer shall be responsible for the
following before accepting sponsorship of the foster family:
(A) Ensuring that the request for transfer
and orientation meet the requirements of subsections (c) and (d);
(B) notifying the family's current sponsoring
child-placement agency of the request for transfer, the planned date of
transfer, and the need for the family's record;
(C) ensuring that a child welfare worker has
completed the following:
(i) A new family
assessment that meets the requirements of 30-47-916 ;
(ii) reviewing the records, including any
complaint history or corrective action plans, from the current child-placement
agency and from any other available resources, including the department;
and
(iii) based on the family
assessment and the review of records, documenting any health and safety
concerns and any plan of correction developed between the child-placement
agency and the family; and
(D) before accepting any licensed family
foster home for sponsorship, each licensee shall meet the requirements of
paragraphs (k)(3) (A), (B), and (C) and the following additional requirements:
(i) Notify the department of the request for
transfer of sponsorship on a form provided by the department;
(ii) review the most recent licensing health
and safety inspection and completing a new inspection if needed;
(iii) provide the department and the family a
copy of the new inspection and results;
(iv) provide the department documentation of
the correction or plan of correction developed to address any areas of
noncompliance that were identified in the assessment or the review of records;
and
(v) obtain written approval of
the transfer from the department.
(4) The current sponsoring child-placement
agency shall be responsible for the following:
(A) Providing the foster family's record to
the new sponsoring child-placement agency no later than 30 calendar days from
the date of the notification of the family's request for transfer, including
the following:
(i) The family assessment and
any updates;
(ii) background check
form;
(iii) preservice and
in-service training materials;
(iv)
all health and safety inspections and any related corrective action plans
completed within the two-year period before the family's request to
transfer;
(v) any history of
grievances or complaints and any corrective action plans; and
(vi) the current application for
licensure;
(B) notifying
the child-placement agent of any child placed in the home that the family is
requesting to transfer to a new sponsoring child-placement agency;
and
(C) maintaining all sponsorship
services to the family until the family's transfer to another child-placement
agency has been completed.
(l) Withdrawal of sponsorship. Each licensee
shall develop and implement policies and procedures for the withdrawal of
sponsorship of foster families and adoptive families.
(1) Each licensee shall document the decision
to withdraw sponsorship and the reasons for the decision.
(2) Sponsorship shall not be withdrawn until
provisions have been made for any child who is in placement with the foster
family or with an adoptive family before legalization or finalization of the
adoption. The provisions for the child shall include one of the following:
(A) Arrangements for a new placement for the
child; or
(B) completion of the
transfer of sponsorship of the family to another child-placement
agency.
(3) Each licensee
shall notify the foster family or adoptive family in writing of the decision,
within 30 calendar days of the decision.
(4) For each licensed family foster home,
each licensee shall notify the department of the decision to withdraw
sponsorship of the family at the time of notification to the family.
(m) Closure of a foster family or
adoptive family home child-placement agency record. Each licensee shall develop
and implement policies and procedures for the closure of a foster family or
adoptive family home child-placement agency records.
(1) Foster families.
(A) When any foster family notifies the
sponsoring child-placement agency that the foster family no longer wishes to be
a placement resource for children, the licensee shall document the request and
the reason for closure. The licensee shall complete the following:
(i) Work with the family to transfer
placement of each child currently placed in the family home within 14
days;
(ii) notify the family of the
closure of the child-placement agency's record within 30 calendar days of the
closure; and
(iii) if the home is a
licensed family foster home, notify the department of the family's reason for
closure and the effective date, at the time the family is notified of the
closure of the child-placement agency's record.
(B) While a child is in placement with the
family, the sponsoring child-placement agency shall not close the
child-placement agency record of the family.
(2) Adoptive families. When any adoptive
family notifies the sponsoring child-placement agency that the family no longer
wants to be an adoptive resource for children and wants to have the
child-placement agency record closed, the licensee shall close the record,
including the following procedures:
(A)
Working with the family to transfer within 14 days, placement of any child who
is placed in the adoptive family home, if the legalization or finalization of
the adoption has not occurred; and
(B) notifying the family of the closure of
the child-placement agency's record within 30 calendar days of the closure.