Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Placement criteria.
Foster care placement is governed by the statement of
intended use developed by the licensing agency and the license holder. The
license holder may decline to accept a foster child without a stated reason.
The requirements of parts
2960.0510 to
2960.0530 do not apply if the
foster home serves as an emergency shelter home.
Subp. 2.
Screening.
The license holder must cooperate with the placing agency to
ensure that the child's needs are identified and addressed.
Subp. 3.
Child's property.
The foster child must be allowed to bring personal
possessions, as agreed upon between the child, the child's parent, the placing
agency, and the license holder, to the foster home and must be allowed to
accumulate possessions to the extent the home is able to accommodate
them.
Subp. 4.
Information about foster children.
Before placement or within five days following placement, the
placing agency shall give the license holder written information in items A to
K about the child:
A. the child's
placement history summary;
B. name
and nicknames;
C. date of
birth;
D. gender;
E. name, address, and telephone number of the
child's parents, guardian, and advocate;
F. race or cultural heritage of the child,
including tribal affiliation, if any;
G. description of the child's presenting
problems, including medical problems, circumstances leading to placement,
mental health concerns, safety concerns including assaultive behavior, and
victimization concerns;
H.
description of assets and strengths of the child and, if available, related
information from the child, child's family, including siblings, and concerned
persons in the child's life;
I.
name, address, and telephone number of the contact person for the last
educational program the child attended, if applicable;
J. spiritual or religious affiliation of the
child and the child's family; and
K. information about the child's medication
and diet needs and the identities of the child's recent health care providers.
The child's placing agency shall update the information in
items A to K as new information becomes available.
Subp. 5.
Cooperation required.
The license holder must cooperate with the child's placing
agency according to items A and B.
A.
The license holder must provide basic services to the child.
B. The license holder must cooperate with the
child's case manager and other appropriate parties to develop and implement the
child's case plan during the child's stay in the foster home. The license
holder shall cooperate in the following areas:
(1) identify and share information, if
appropriate, with persons who are directly involved in the child's treatment
plan and tell those persons about major treatment outcomes the child will
achieve while in the home, including attaining developmentally appropriate life
skills that the child needs to become functional in the community;
(2) report the child's behaviors and other
important information to the placing agency and others as indicated in the
child's case plan;
(3) recommend
changes in the child's case plan to the case manager if needed;
(4) give the placing agency additional
significant information about the foster child as it becomes known;
(5) facilitate the child's school attendance
and enroll the child in a local school district or, if appropriate, the child's
district of residence;
(6) provide
a child with timely access to basic, emergency, and specialized medical, mental
health, and dental care and treatment services by qualified persons;
and
(7) maintain a record of
illness reported by the child, action taken by the foster parent, and the date
of the child's medical, psychological, or dental care.
Subp. 6.
Foster child
services.
The license holder must:
A. work with the child's placing agency and
child's parents to develop a plan to identify and meet a foster child's
immediate needs. The license holder must collaborate with the placing agency to
provide the basic services to the child;
B. encourage age-appropriate activities,
exercise, and recreation for the foster child;
C. seek consultation or direction from the
placing agency if issues arise that cannot be resolved between the license
holder and the foster child;
D.
explain house rules and tell the foster child about the license holder's
expectations about behavior, the care of household items, and the treatment of
others; and
E. know the whereabouts
of the child in the license holder's care. The license holder must be guided by
the case plan or court order in determining how closely to supervise the child.
The license holder must immediately notify the placing agency if the child runs
away or is missing.
Subp.
7.
Foster child diet.
A foster child must be provided food and beverages that are
palatable, of adequate quantity and variety, served at appropriate
temperatures, and have sufficient nutritional value to promote the child's
health. If the child has a medically prescribed diet, then the license holder
must provide the diet as ordered by a physician or other licensed health care
provider.
Subp. 8.
Discipline.
The license holder must consider the child's abuse history
and developmental, cultural, disability, and gender needs when deciding the
disciplinary action to be taken with the child. Disciplinary action must be in
keeping with the license holder's discipline policy. The discipline policy must
include the requirements in items A and B.
A. Children must not be subjected to:
(1) corporal punishment, including, but not
limited to: rough handling, shoving, ear or hair pulling, shaking, slapping,
kicking, biting, pinching, hitting, throwing objects at the child, or
spanking;
(2) verbal abuse,
including, but not limited to: name calling; derogatory statements about the
child or child's family, race, gender, disability, sexual orientation,
religion, or culture; or statements intended to shame, threaten, humiliate, or
frighten the child;
(3) punishment
for lapses in toilet habits, including bed wetting or soiling;
(4) withholding of basic needs, including,
but not limited to: a nutritious diet, drinking water, clothing, hygiene
facilities, normal sleeping conditions, proper lighting, educational services,
exercise activities, ventilation and proper temperature, mail, family visits,
positive reinforcement, nurturing, or medical care. However, a child who
destroys bedding or clothing, or uses these or other items to hurt the child's
self or others, may be deprived of such articles according to the child's case
plan;
(5) assigning work that is
dangerous or not consistent with the child's case plan;
(6) disciplining one child for the unrelated
behavior or action of another, except for the imposition of restrictions on the
child's peer group as part of a recognized treatment program;
(7) restrictions on a child's communications
beyond the restrictions specified in the child's treatment plan or case plan,
unless the restriction is approved by the child's case manager; and
(8) requirements to assume uncomfortable or
fixed positions for an extended length of time, or to march, stand, or kneel as
punishment.
B. The
license holder:
(1) must not require a child
to punish other children;
(2) must
follow the child's case plan regarding discipline;
(3) must not use mechanical restraints or
seclusion, as defined in part
2960.3010, subpart 38, with a
foster child;
(4) must ensure that
the duration of time-out is appropriate to the age of the child; and
(5) must meet the requirements of part
9525.2700, subpart
2, item F, regarding the use
of aversive or deprivation procedures with a foster child with a developmental
disability.
Subp.
9.
Visitation and communication.
The license holder must follow the visitation and
communication plan in a foster child's case plan, which was developed by the
placing agency and child's parents, or required by court order. In the absence
of a case plan or court order regarding visitation, the license holder must
work with the placing agency and the child's parents to jointly develop a
visitation plan.
Subp. 10.
Complaints and grievances.
The license holder must work with the licensing agency to
develop written complaint and grievance procedures for foster children. The
procedures must meet at least the following requirements:
A. the agency or license holder must tell the
child and the child's parent or legal representative about the complaint and
grievance procedures and upon request give the child or the child's parent or
legal representative a copy of the procedures and any forms needed to complain
or grieve;
B. the license holder
must notify the placing and licensing agency about a written complaint or
grievance and the resolution of the complaint or grievance; and
C. a license holder's response to a complaint
or grievance that alleges abuse or neglect must meet the requirements of the
Maltreatment of Minors Act, Minnesota Statutes, section
626.556.
Subp. 11.
Discharge.
The license holder must work with the child's placing agency
to ensure a planned discharge and compliance with Minnesota Statutes, section
260C.212,
subdivision 3. Before an unplanned discharge, the license holder must confer
with other interested persons to review the issues involved in the decision.
During this review process, which must not exceed 30 days, the license holder
must determine whether the license holder, treatment team, if any, interested
persons, and the child can develop additional strategies to resolve the issues
leading to the discharge and to permit the child an opportunity to continue to
receive services from the license holder. If the review indicates that the
decision to discharge is warranted, the reasons for it and the alternatives
considered or attempted must be documented. A child may be temporarily removed
from the foster home during the review period if the child is a danger to self
or others. This subpart does not apply to a child removed by the placing
authority or a parent or guardian.
Statutory Authority:
L
1995 c 226 art 3
s
60; MS s
241.021;
245A.03;
245A.09
