Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This rule sets forth the duties of foster
parents to cooperate with Children's Division and to provide physical care to a
foster child. The rule further lists the division's expectations concerning
education and training, moral and religious training, discipline, chores and
work, recreation and leisure, earning and spending money, supervision, and
transportation.
(1) Duties of
Foster Parent(s) to Cooperate with Children's Division.
(A) As used in this regulation, the term
"division" shall refer to Children's Division or its foster care case
management contractor, as applicable.
(B) The foster parent(s) shall cooperate in
the division's delivery of social services to the foster child's
family.
(C) The foster parent(s)
shall actively participate in family support team meetings either through
attendance or, in lieu of physical attendance, written or oral input.
(D) The foster parent(s) shall notify the
division at least two (2) weeks prior to any change in family situation
including, but not limited to-
1. A change in
address;
2. Telephone
number;
3. Employment;
4. Household composition; or
5. Marital status.
(E) Except in family emergencies, the foster
parent(s) shall notify the division within two (2) weeks of any intended
addition to household membership so that any required background checks may be
completed and results obtained and approved prior to the individual joining the
household. In cases of family emergency, the foster parent(s) shall immediately
notify the division of any additions to the household membership so that
background checks may be completed immediately thereafter.
(F) The foster parent(s) shall notify the
division if any member of the household is arrested for, pleads guilty to, or
is convicted of a criminal offense.
(G) The foster parent(s) shall consult with
the division regarding any decisions concerning the child's care besides
routine day-to-day care and decisions relating to extracurricular, enrichment,
cultural, and social activities that are governed by the reasonable and prudent
parenting standard set forth in 210.665, RSMo.
(H) The foster parent(s) shall inform the
division before allowing the foster child to go on visits to the foster child's
relatives.
(I) The foster parent(s)
shall notify the division immediately of any emergencies involving the foster
child. This includes serious illness, or injury requiring medical treatment, or
other situations in which sound judgment dictates that the division be
notified. This requirement does not relieve the foster parent(s) from first
taking action, such as obtaining emergency medical treatment for the child
before notifying the division.
(J)
If the foster parent(s) discover that the child is missing, the foster
parent(s) shall notify the division immediately. Within two (2) hours of
discovering that the child is missing, the foster parent(s) shall also file a
missing child complaint with the law enforcement agency having jurisdiction,
and inform the National Center for Missing and Exploited Children that the
child is missing.
(K) The foster
parent(s) shall allow the division a reasonable period of time in which to make
suitable plans for the foster child when the foster parent(s) have requested
the child's removal. The foster parent(s) shall give the division two (2)
weeks' advance written notice when requesting removal of a child unless there
is an emergency. The advance written notice must include an explanation of the
reason why the foster parent(s) is requesting the child's removal.
(L) Foster children shall not be permitted to
use or be known by the foster parent(s) surname, unless the child, child's
parent(s), and the division give their consent in writing.
(M) The foster parent(s) shall notify the
division at least thirty (30) days prior to moving out of state.
(2) Physical Care.
(A) The foster parent(s) shall work with the
division to provide all necessary medical and dental care for each child.
1. The foster parent(s) shall obtain medical
and dental examinations for the child immediately following placement and at
least annually thereafter in cooperation with the division.
2. The foster parent(s) shall keep the
division informed of any health needs of the child.
3. The foster parent(s) shall respond to
emergency medical needs in accordance with division policies and procedures and
local legal requirements.
4. The
foster parent(s) shall not disclose confidential medical information.
5. The foster parent(s) shall maintain a
medical file on each foster child placed in the home. The file shall follow the
child in the event of removal from the foster home.
(B) The foster parent(s) shall provide a
routine for foster children for the establishment of good personal
hygiene.
(C) The foster parent(s)
shall provide food of quality and quantity sufficient to meet the nutritional
requirements of the foster child according to his/her age and activities. All
foods shall be prepared, served, and stored under sanitary
conditions.
(D) The foster
parent(s) shall provide clothing appropriate to the foster child's age and of
quality and quantity similar to other children in the community. Where it is
appropriate and possible, foster children shall be allowed to participate in
the selection of their own clothing. The possessions and clothing of the foster
child shall follow the child in the event of removal from the foster
home.
(E) Care of foster children
shall not be combined with regular part- or full-time care of other children,
unrelated aged individuals, or with any other service or business conducted in
the home without the written approval of the division.
(3) Education and Training.
(A) The educational and vocational plan for
the foster child shall be determined by the family support team.
(B) The division and Juvenile Office shall be
informed of any educational plan other than education in a traditional public
school setting.
(C) The foster
parent(s) shall comply with the attendance requirements set forth in the
educational plan and state law.
(D)
The foster parent(s) may "act as the parent" on behalf of the foster child in
the development of an Individual Education Plan (IEP). The foster parent acting
as the parent may represent a child in all matters relating to the
identification, evaluation, educational placement, and the provision of a free,
appropriate, public education for the child.
(E) The foster parent(s) shall maintain a
school file for the foster child that includes materials obtained through the
school, such as child-specific documentation, report cards, photographs,
awards, certificates, or mementos. The file is to follow the child in the event
of removal from the home.
(4) Moral and Religious Training.
(A) The foster parent(s) shall provide for
the moral training of foster children and shall make opportunities available
for religious education and attendance of services compatible with the child's
religious heritage, provided that this training would not be injurious to the
foster child's physical, mental, or emotional health.
(B) The foster parent(s) shall support a
foster child's cultural identity and individuality in foster care.
(5) Discipline.
(A) Discipline shall be used in a
constructive, fair, and consistent manner. The foster parent(s) shall not
subject a foster child to corporal or degrading punishment.
(B) No foster child shall be subjected to
verbal abuse, threats of corporal punishment, derogatory remarks about
him/herself or members of his/her family, threats to withhold family visits,
threats to expel the child from the foster home, or the withholding of food,
shelter, or clothing.
(C) No foster
child shall be subjected to abuse or neglect as defined in sections
210.110, RSMo.
(D) One (1) child shall not be permitted to
discipline another child in a foster home.
(E) No foster child shall be deprived of mail
or family visits as a form of discipline.
(6) Chores and Work.
(A) No foster child shall be used for
soliciting funds or in any other manner exploited by the foster
parent(s).
(B) The foster parent(s)
shall provide work and chore experience for the foster child that is
appropriate to the age, health, and abilities of each individual child. Chores
and work shall not interfere with the foster child's time for school, study
periods, play, sleep, normal community contacts, or visits with his/her
family.
(C) The foster parent(s)
shall differentiate between chores which a foster child is expected to perform
as their share in family living, and specific work assignments or opportunities
as a means of earning money either in or outside the foster family.
(D) The foster parent(s) shall not require or
permit work which requires the foster child to operate dangerous or hazardous
equipment or machinery unless adequate safety equipment and proper adult
supervision are provided.
(E) A
foster child shall not be required to perform chores or work that is different
in amount and type from the community standard for other children.
(7) Recreation and Leisure.
(A) The foster parent(s) shall provide
opportunities for social and physical development through recreation and
leisure time activities.
(8) Earning and Spending Money.
(A) The foster parent(s) shall make every
reasonable effort to provide opportunities for experience in earning, spending,
and saving money based on age and individual requirements of each foster
child.
(B) The foster parent(s)
shall not require an employed foster child to pay room and board.
(9) Supervision.
(A) The foster parent(s) will adhere to the
reasonable and prudent parent standard when making decisions involving the
child's participation in extracurricular, enrichment, cultural, and social
activities. In making such decisions, the foster parent(s) shall consider-
1. The child's age, maturity, and
developmental level;
2. The overall
health and safety of the child;
3.
Potential risk factors and appropriateness of the activity;
4. The best interests of the child;
5. Promoting, where safe and as appropriate,
normal childhood experiences; and
6. Any other relevant factors based on the
caregiver's knowledge of the child.
(B) The foster parent(s) shall provide and
ensure safe and adequate supervision at all times appropriate to the foster
child's age and individual needs.
(C) The foster parent(s) shall not permit
foster children to own or operate firearms without written authorization from
the division and proper training.
(D) The foster parent(s) shall comply with
all family support team recommendations and court orders regarding visitation
plans; any exceptions require prior approval from the division.
(10) Transportation.
(A) The foster parent(s) must ensure that the
family has reliable, legal, and safe transportation. Reliable transportation
includes a properly maintained vehicle with safety standards within the minimum
requirements of the law or access to reliable public transportation.
(B) The foster parent(s) shall cooperate with
the division in providing transportation as indicated by the individual needs
of each foster child including but not limited to medical and dental
appointments, educational or training programs, and counseling.
(C) The foster parent(s) shall not permit a
foster child to drive any vehicle without insurance coverage and a proper
driver's license or permit.
(D) If
a privately owned vehicle owned by the foster parent(s), their family members,
or their friends is used to transport the foster child-
1. The operator of the vehicle must have a
valid driver's license or permit;
2. The vehicle must be insured as required by
law;
3. The vehicle must be
registered as required by law; and
4. All children in the vehicle shall be
secured by car seats or seat belts as required by law.
(E) Reimbursement of mileage allowed per
division policy is not a guaranteed payment and is subject to the same
restraints as provided in the Department of Social Services Administrative
Manual travel policy for state employees.